DR8801-CS 890705DeShazn, Starek & 'Fang, Inc.
Engineers · Planners
330 [nion Station · Dallas, Texas 75202 · 214:748-6740
July 5, 1989
Mr. Larry Davis
City of Coppell
732 Deforest
Coppell, Texas
75019
Re:
Bethel Road Drainage Improvements
Contractor's Partial Payment Request
88157.0~
Dear Mr. Davis
Enclosed is the Contractor's request for partial payment for work
performed through June 30, 1989. Two copies are enclosed. We
have reviewed the request and recommend that payment in the
amount of $1q,563.50 be made. If this meets with your approval,
please send your check in the amount due to the Contractor.
Sincerely,
Paul A. Lipscomb, P.E.
Vice President
PAL/np
encl
CC:
Russell Doyle, P.E.
Buckelew Construction Co.
JUL T 1989
5.04 PARTIAL PAYMENTS. On Or before the 10th day of each month, the CONTRACTOR
shall prepare and submit to the ENGINEER for approval or modification a statement showing as
completely as practicable the total value of the work done by the CONTRACTOR up to and
including the last day of the preceding month; said statement shall also include the value of ali
sound materials delivered on the site of the work that are to be fabricated into the work.
The OWNER shall then pay the CONTRACTOR on or before the 15th day of the current
month the total amount of the approved statement, less.10 per cent of the amount thereof,
which 10 per cent shall be retait~ed until final payment, and further less all previous payments
and all further sums that may be retained by the OWNER under the terms of this Agreement.
It is understood, however, that in case the whole work be near to completion and some unexpected
and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the
OWNER may-upon written recommendation of the ENGINEER-pay a reasonable and equitable
portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at the OWNER'S
option, may be relieved of the obligation to fully complete the work and, thereupon, the CON-
TRACTOR shall receive payment of the balance due him under the contract subject only to the
conditions stated under "Final Payment."
5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession
of and use any completed or partially completed portions of the work, notwithstanding the time
for completing the entire work or such portions ma~' not have expired but such taking possession
and use shall not be deemed an acceptance of any work not completed in accordance with the
Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR
shall be entitled lo such extra compensation, or extension of time, or both, as the ENGINEER may
determine.
The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion,
the contract is "substantially completed" and when ~o notifying the ENGINEER, the CONTRAC;
TOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER
will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the
CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall
not.excuse the'CONTRACTOR from performing all of the work undertaken,whether of a minor or
major nature, and thereby Complet!ng the.structur~ °r. lfacility in accordance with the Contract
}~!~,'~:.~,- .5.06. FINAL COMPLETION AND~A.,..C. CEP.T~CE.. _~ithin ten.,(10) days...a~e.r..:.t.i{e~.CON'..~~~:,'.
~';:,'i'RACTOR has given, the.ENGINEER ~,!~'~ ~'~'~i'c~'tha/~/he 'w°rk..h.as.be.e~n c~o~pleted, ,o..,r,
~'.iL'i~'!isUbstantially completed, {I~'e..ENGINEER"aiid tI{ei.',.OWNER .shall inspeCt the :.wor~,~and_ withi~n ~~~_-
;':~i+:~i!~said. time, if- the work be' f61ind to be ~Pl~ted'or. Subsi~ntially completed in accqrdance .with
?. X : ih "Contract Documents'~;,th~'ENGINEERi shall-'iSiii~'~61.tli'~' OWNER'and the CO .NT!~. ~AL~.OR his
":'~!~}~;Ce{iificate of Coaplefi~n;~and thereupon it shall be,'.th~ 'du'tY~f:the OWNER with. in ten (10) days
~'~L-/~;_!':~o issue a Certificate of Ac~Pta~e of the Work t° th~'CONTRA'C"I'OR or t° advise the CONTRAC.
TOR in writing of the reason for non-acceptance .....
5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGI-
NEER shall proceed to make final measurements and prepare final statement of the value of all
work performed and materials furnished under the terms of the Agreement and shall certify same
to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and before the
35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR
under the terms of this Agreement, provided he has fully performed his contractual obligations
under the terms of this contract; and said payment shall become due in any event upon said
performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment,
nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for
fulfillment of any warranty which may be required.
5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself_from loss on account of: ...... -~ .......... "
bid proposal and agreement between Owner and Contractor.
~.10 LIOUIDATED DAMAGES FOR FAILURE TO ENTER INT0 CONTRACT
In the event the Bidder's proposal is accepted, and he fails
or refuses to enter into the contract and furnish the
required Performance and Payment Bonds within fifteen (15)
days after he has received notice of the acceptance of his
Bid, unless given a written extension of time by the Owner,
then the Bidder will be considered as having abandoned his
proposal and his Bid Security will be retained by the Owner
as liquidated damages, IT NOW BEING AGREED that the
specified sum of the Bid Security is a fair estimate of the
amount of damages that the Owner will sustain in case the
Bidder fails to enter into the contract and furnish the
Performance and Payment Bonds within the time stated in the
proposal.
1.11 CONTRACT TIME
The number of days within which, or the date by which, the
Work is to be completed (the Contract Time) is set forth
in the Bid Form and will be included in the Agreement. The
Contract Time for this project is:
I'4OHI]NDRED'I'H/I~I~ (230) C3E,]DIDARDATS
i B. Extension of time of completion will be permissible in
accordance with Section' 4.02 of General Conditions of
Agreement.
1.12 LIOUIDATED DAMAGES
Provisions for liquidated damages are set forth in the
Proposal. Li~uidated damages for this project are:
TWO HUNDP~ FIPTYDOLLARS ($250.00) pER C~?.RNDARDAY
I1.13 SUBCONTRACTORS. ETC.
A. If the apparent Successful Bidder, and any other Bidder so
requested will within seven (7) days after the day of the
Bid Opening submit to the Owner a list of all the
subcontractors and *other persons and organizations
(including those who are to furnish the principal items of
material and equipment) proposed for those portions of the
Work as to which such identification is so required. Such
list shall be accompanied by an experience statement with
pertinent information as to similar projects and other
evidence of qualification for each such Subcontractor,
person and organization if requested by the Owner. If Owner
or Engineer after due investigation has reasonable objection
to any proposed Subcontractor,.other person or organization,
either may before giving the Notice of Award request the
Sec. 00100
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