WA0101-CS051103BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
7502 Greenville Ave., #220
JOHN W. BIRKHOFF, P.E.
RONALD V. CONWAY, P.E.
GARY C. HENDRICKS, P.E.
JOE R CARTER, P.E.
PAUL A CARLINE, P.E
MATT HICKEY, P,E.
DOUGLAS K. SHOWERS, P.E.
Dallas, Texas 75231
Fax (214) 361-0204
November 3, 2005
Phone(214)361-7900
Mr. Kenneth M. Griffin, P.E.
Dir. of Engineering & Public Works
City of Coppell
P. O. Box 9478
Coppell, Texas 75019-0478
Re:
State Highway 121 Water Line
North Coppell Road to Denton Tap Road
Project No. WA-01-01; Bid No. Q-0205-02
Dear Mr. Griffin:
We are enclosing three (3) copies of Pay Request No. 6 and Final in the amount of $30,755.44 for work
performed by Fox Contractors on the State Highway 121 Water Line project through October 28, 2005. This
project is now complete.
We are also enclosing a copy of the Monthly Pay Request Status, along with an executed copy of the
Contractor's Affidavit of Final Payment & Release.
If you concur with this pay request, please have it executed for the City of Coppell and forward one copy
along with the payment due to Fox Contractors.
Enclosures
cc: Ms. Suzan Taylor
Mr. Larry Davis
Fox Contractors
CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Luis Velasquez
("Affiant"), who, after being by me duly sworn, deposes and says that he is Estimator/Superintendent
of Fox Contractors (corporation, ~ )
of Ellis County, State of Texas (the "Contractor"), which said Contractor was
awarded the contract dated the 12th day of April 20 05 , for the construction
of State Highway 121 Water Line (North Coppell Road to Denton Tap Road) Bid #Q-0205-02
in The City of Coppell, Texas (the "Work"), for a total consideration of
Six Hundred Fifteen Thousand, One Hundred Eight and 81/100 ($615,108.81) 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, Texas (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 Thirty Thousand, Seven Hundred Fifty-Five and 44/100 ($30,755.44) Dollars
as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right
Affiant 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
V~ Fox Contractors
Luis Velasquez, Estimator/Superintendent
(Printed Name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the __
c:~ dayof ~)0~ ~ ], ~¢/', A.D. 2005.
otary a fo;the of
. ( ' dNameo~Nota~),
My Commisslon Expires ~ ~~