WA0001-CS001026SHIMEK, JACOBS & FINKI.EA, L.L.P.
CONSULTING ENGINEERS
8333 DouglasAvenue,#820
Dallas, Texas 75225-5816
Fax (214) 361-0204
Phone (214) 361-7900
RONALD V. CONV~AY, P,E.
JOHN W. BiRKHOFF, P.E.
JOE R. GARTER, P.E.
GARY C. IrlENDRICKS. P.E.
PAUL A. CAP-LINE, P.E.
MATT HiCKEY, P.E.
ROSS L, JACOBS, P.E.
Mr. Robert arsh
Advantag Contract Services, Inc.
7150 A ~eda Genoa Rd.
Hous n, Texas 77075
R . City of Coppell
l~.l~;nZmbb~~f 1.5 Million Gallon Elevated Storage Tank
October 26, 2000
Gentlemen:
As explained in our August 23, 2000 letter, your contract with the City of Coppell for the Repainting of the
1.5 Million Gallon Elevated Storage tank was completed 59 calendar days beyond the contract completion
date. The contract and project specifications allow for liquidated damages to be assessed in the amotmt of
$500 per calendar day for each day the project remains incomplete beyond the established completion date.
Based recent correspondence from your office, the City of Coppell now chooses to assess fifteen days (15)
liquidated damages in the amount of $7,500.
We are re-issuing a preliminary copy of revised Pay Request Number 3 and Final along with two copies of the
Contractor's Affidavit of Final Payment and Waiver of Release. The City has received a past due claim
against Advantage Contract Services, Inc. for materials supplied by TDIndustries on this project. This claim
must be cleared prior to final payment by the City. In addition to the Contractor' s Affidavit of Final Payment
and Waiver of Release, please provide a release of claim from TDIndustries for this project. Please return
the signed affidavits and the requested information to this office.
If you have any questions or need additional direction, please do not hesitate to contact us.
cEcn:cl°~eth M. Griffin, P.E. Mr. Glenn D. Hollowell, P.E.
Mr. Larry Davis
MONTHLY PAY REQUEST ~ Page I of 1
CITY OF COPPELL, TEXAS
Repainting of the 1.5 Million Gallon Elevated Storage Tank Interior
From: 1 -Jun-2000 To: 7-Aug-2000
Contractor: Advantage ConPact Services, Inc.
7150 Almeda Genoa
Hou~on, Texas 77075
Item
No. Description Unit
BASE BID
1 Abrasive Blasting the Interior Area of Tank
2 Paint the Interior Area of the Tank
3 Disposal of Interior Paint & Blasting Media Removed
4 Miscellaneous Remedial Welding by a Certified Welder
5 24" Motor Operated Butterfly Valve
6 Electric Dehumidification Sys. for Interior Blast, Paint & C L.S.
7 Interior Wet Ladder cO #~ L,S.
ADDITIVE ALTERNATE
1A Safety Climb Device on Existing Dry & Wet Ladders L.F.
Quantity
in Revised
Proposal Quantity
L.S. 1
L.S. 1
L.S. 1
Hrs. 10
L.S. 1
1
0 1
131
Pay Request No. 3 (Revised & Final)
Contract Date: February 8, 2000
Original Contract Amount: $
Revised Contract Amount: $
Project Start Date: 3-Mar-2000
Completion Date: 9-Jun-2000
125,700.32
127,075.32
Allotted: 98 Used: 157
Quantity
Complete Total
This Work Contract Extended
Request Completed Price Amount
100% $45,000.00 $ 45,000.00
100% $45,000.00 $ 45,000.00
100% $5,000.00 $ 5,000.00
10 $85.00 $ 850.00
1 100% $7,500.00 $ 7,500.00
100% $18,850.00 $ 18,850.00
100% $1,375.00 $ 1,375.00
131 $26.72 $ 3,500.32
Liquidated Damages Days
15 ($500.00) $ (7,500.00)
Prepared and Submitted by:
SHIMEK, JACOBS & FINKLEA, L.L.P.
Consulting Engineers, Dallas, Texas
By:
Gary C. Hendricks, P.E.
Date: October 26, 2000
Approved for Owner
By:
Date:
Total Amount
Less Amount Retained
Total Amount Payable
Less Previous Payments
Amount Due This Request
0%
$ 119,575.32
$
$ 119,575.32
$ 67,106.25
SHIMEK, JACOBS & FINKLEA, L.L.P.
CONSULTING ENGINEERS
Today's Date:
October 26. 2000
Client:
Name of
Project:
Pay
Request
No.
1
2
3 (Revised & Final)
Monthly Pay Request Status
CITY OF COPPELL, TEXAS
Repainting of the 1.5 Million Gallon Elevated Storage Ta
Date of Pay Request Total Amount
6-Mar-2000 $ 6,285.00
4-Apr-2000 $ 74,562.50
30 J:.m 2000 $ 119,575.32
26-0ct-2000 $ 119,575.32
Project No. 1999176
Contract Amount: $ 125,700.32
Change Order Number l: $ 1,375.00
Liquidated Damages: $ (7,500.00)
Revised Contract Amount: $ 119,575.32
Amount Due %
This Request Complete
$ 5,656.50 5.26%
$ 61,449.75 62.36%
$ 40,511.54 !09.90%
$ 52,469.08 100.00%
119,575.32 95.13%
CONTRACTOrs7, AFFIDAVIT OF FINAL PAYM./'~.T AND RELEASE
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
CAffiant"), who, after being by me duly swom, deposes and says that he is ,
of Advantage Contract Services, Inc. (corporation, partnership, trade name)
of County, State of Texas (the "Contractor"), which said Contractor was
awarded the contract dated the 8th day of February 20 00 , for the construction
of 1.5 Million Gallon Elevated Storage Tank Interior Repaint
in Coppell, Texas (the "Work"), for a total consideration of
One Hundred Nineteen Thousand Five-Hundred Seventy-Five and Thirty-Two Cents ($119,575.32) Dollars
to be paid to the said Contractor (the "Contract"), and that Affiant has full power of authority to make this affidavit.
That The City of Coppell (the "Owner") has approved the final
estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be
covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of
Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been
paid and discharged by said Contractor insofar as they pertain to the Work in question.
That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby
accepts the amount of Fifty-Two Thousand Four Hundred Sixty Nine Dollars & Eight Cents ($52,469.08) Dollars
as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right
Africans and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any
manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third
parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as
claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by
the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such
Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect
of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment
provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract.
By
(Aftant)
(Printed Name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the day of
, A.D. 2000.
(Notary Public, in and for the State of Texas)
(Printed Name of Notary)
My Commission Expires
7150 A!meda Genoa Rd. - Houston, Texas 77075
Ph. 713.991-0747 Fax 713-991-3939
October 11, 2000
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
Attention: Ken Griffin
As you may be aware Advantage Contract Services, Inc. underwent managerial changes
as of June I, 2000. Prior to, and during this period the project for the City of Coppell was
supposed to be wrapped up. Unfortunately the incompetence of the prior management
allowed this project to remain incomplete through the scheduled finish date, thus creating
liquidated damages. As the new President of Advantage I have discovered many
problems and many proverbial "Dropped Bails". We have done our best to address our
responsibilities under contract and understand that the City in no way is responsible for
the time delays in reference to the elevated tank project.
It is our request that the City of Coppell reconsider the deduction of the full amount of
$ 29,500.00 for liquidated damages. Whatever amount the City could reduce this by
would be greatly appreciated. We understand that the City has the right to keep the full
amount but is our hopes that we have shown that we are willing to make changes to
better serve our clients and believe me any relief could help at this time. With this letter I
am sending the final billing for $ 30,469.08 as per the contract with a second billinE for
50% relief in liquidated damages. Once again the relief is a request and what ever you
make think is fair would be greatly appreciated. Thank you very much for your
consideration.
Sincerely,
ADVANTAGE CONTRACT SERVICES, INC,
7150 ALMEDA GENOA ROAD
HOUSTON, TEXAS 77075
713-901-0747
713-991-4671
SHIP T~. C/fy d C~oe//, Texe
5333 Douglas Avenue, f1820
Dallas, Texas 75225-5815
INVOICE
BILL TO: City d Coppell, Texas
8333 Douglas Avenue, .9820
Delia, Texas 75225-5816
DESCRFTION
I INVOICE FOR ATTACPED:
SCHEDULE OF VALUES/pROGRESS PAY REQUEST
2/1/00
1(3/11/00
PRICE EACH
AMOUNT
Sub ~otel:'
Tax rate: Tax:
Shipping & handling:
Prevfous amount owing:
Credit:
YOU pay Ufis amount:
City of Coppell
SCHEDULE OF VALUES I PAY REQUEST FORM
Pay Request for Period Through: Retainage
Pay Request Number: 4
Description of Work COST
Abrasive Blasting Interior $ 45,000.00
Paint tnterior $ 45,000.00
Disposal of Intedor Blast Debds $ 5,000.00
Misc. Remedial Welding $ 85.00
24" Motor Operated Butterfly Valve $ 7,500.00
Dehumidification $ 18,850.00
Alternates
SCD on Dry & Wet Ladders $ 26.72
Change Order
Intedor Wet Ladder $ 1,375.00
CONTRACT TOTALS
Total Due This Pay Request on Contract
% Complete
This Request
100% $ 45,000.00 $
100°/o $ 45,000.00 $
100% $ 5,000.00 $
100% $ 850.00 $
100% $ 7,500.00 $
100% $ 18,850.00 $
100% $ 3,500.32 $
Total Due This Pay Request on Contract
Less Liquidated Damages of $500.00 per day ~ 31 days
Less Previous Pay Request
$ 1,375.00
$ t27,075.32 $
$ 127,075.32
$ 127,075.32
$ 15,500.00
$ 97,575.32
TOTAL DUE THIS PAY REQUEST $ 14,000.00
ADVANTAGE CONTR4CT ~ERVICES,
7t50 ALMEDA GENOA ROAD
HOUSTON, TEXAS 77075
713-991-0747
SHIP TO: CA'k/Cf Coppe#, Texas
8333 Couglas Avenue, e820
Dallas, Texas 752255816
INVOICE
BILL TO: Cffy d Coppell, Texas
8333 Couples Averue. ~1~20
D~-,,,s, Texas 75225-5818
Payment term8: AS PER CONTRACT Date o~er Shipped:
Methc~r of shipment: FOB polnL'
Invoice numbe~ 00-117-110 Invoice date:
DEBCIm:q'ION
I INVOICE FOR A'R'ACHED:
SCHEDULE OF VALUES/PROGRESS PAY REQUEST
2/1/00
10/11/00
mOt JeT
Ship;tng & handling:
Previous amount owing:
Cmdlt:
You pay this emounL'
City of Coppell
SCHEDULE OF VALUES I PAY REQUEST FORM
Pay Request for Period Through: Final
Pay Request Number: 3
Description of Work COST
Abrasive Blasting interior $ 45,000.00
Paint Intedor $ 45,000.00
Disposal of Intedor Blast Debds $ 5,000.00
Misc. Remedial Welding $ 85.00
24" Motor Operated Butterfly Valve $ 7,500.00
Dehumidification $ 18,850.00
Alternates
SCD on Dry & Wet Ladders $ 26.72
Change Order
Intedor Wet Ladder $ 1,375.00
CONTRACT TOTALS
Total Due This Pay Request on Contract
% Complete
This Request
100% $ 45,000.00 $
100% $ 45,000.00 $
100% $ 5,000.00 $
100% $ 850.00 $
100% $ 7,500.00 $
100% $ 18,850.00 $
100% $ 3,500.32 $
$ 1,375,00
$ 127,075.32 $
$ 127,075.32
Total Due This Pay Request on Contract
Less Liquidated Damages of $500.00 per day ~ 59 days
Less Previous Pay Request
$ 127,075.32
$ 29,500.50
$ 67,106.25
TOTAL DUE THIS PAY REQUEST $ 30,469.07
October 13, 2000
City of Coppell
P. O. Box 478
Coppell, TX 75019-0478
Gentlemen:
TDIndustries
Excellence through Employee Ownership
Certified Mail # 70993220000924415825
Return Receipt Requested
Our company, TDlndustries, Inc., has furnished material and/or labor to Advantage Contract Service, Inc. pertaining to
the construction project located at 520 Southwest Blvd., Coppell, TX 75019-4409 and known as City of Coppell Fire
Station 1. We understand that you are the record owner of the described location. If you are not the record owner, please
advise as soon as possible.
We further understand that Advantage Contract Service, Inc. is the original contractor. Please advise as soon as possible
if this understanding is incorrect.
The principal amount of the claim with Advantage Contract Service, Inc. is $2,576.35 and is unpaid.
If this claim remains unpaid, you may be personally liable and your property may be subjected to a lien unless you
withhold payments from your original contractor for the payment of the claim or unless the claim is otherwise paid or
settled.
Enclosed you will find a copy of the statement of account (and/or invoices).
The material and/or labor consists of mechanical work.
Demand for payment is hereby made pursuant to Section 53.083 of the Property Code.of the State of Texas. Our claim,
or a part thereof, against Advantage Contract Service Inc. is past' dUe according to itS terms.
The purpose of this letter is to comply with the mechanics' and materialman's lien statutes.
Yours very truly,
TDIndustries, Inc.
Vickie Luck
Assistant Credit Manager
CC:
Advantage Contract Service, Inc.
7150 Almeda Geneoa Road
Houston, TX 77075
Certified Mail # 70993220000924415832
Return Receipt Requested
City of Coppell
520 Southwest Blvd.
Coppell, TX 75019-4409
Certified Mail # 70993220000924415849
Return ReCeipt Requested
13850 Diplomat Drive
P.O. Box 819060
Dallas, Texas 75381-9060
(972) 888-9500
111
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