DR8802-CS 920512 Coppell, Texas 75019
he City With A Beautiful Future 214-462-0022
May 12, 1992
Mr. Doyle Huddleston
Rhode Construction
2031 John West Road, Suite 121
Dallas, TX 75228
RE: Kaye Street Drainage Project
Dear Mr. Huddleston:
Attached to this letter is a "Contractors Affidavit of Final Payment."
This should be signed, notarized and returned no later than Friday, May
15, 1992. It is needed by that date so that the final payment can be
included on the May 26, 1992 City Council meeting.
The final payment amount is shown as $16,578.12. That amount was arrived
at as follows:
$170,281.23 Total Work Amount
$153,253.11 Previous Payments
$ 17,028.12 Amount Remaining to be'Paid
$ 450.00 3 Days Liquidated Damages at $150/day
$ 16,578.12 Total Amount Due
The liquidated damage started on April 11, 1992 (please see my letter
dated April 8, 1992 attached) and ended on April 13, 1992 (please see your
letter dated April 14, 1992 attached).
If you should have any questions, please contact me at 393-1016.
Sincerely,
Kenneth M. Griffin, P.E.
City Engineer
~G/bd
cc: Alan D. Ratliff, City Manager
HUDDLE
CON"I~CTOR"S AFFIDAVIT OF FINAL PA~.,,~:NT
THE STATE OF TEXAS) CONTRACTOR'S AFFIDAVIT OF
) FINAL PAYMENT AND RELEASE
COUNTY OF Dallas )
BEFORE ME, the undersigned au_t_hority, on this day personally appeared
Carman Rhode ("Affiant"), who, after being by me duly sworn,
deposes and says that he is President of Rhode Construction Co. ,
a coz~oration (corporation, partnership, trade name) of
Dallas County, State of Texas [the "Contractor"J,
which said Contractor was awarded the contract dated the lZth day of
Nov. , 19 9! , for the construction of Kaye St. Drainage Pr~ect
at the City of Coppell (the "Work"), for a total consideration of
S170,Z81.2.3 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 received the request for
final payment 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 Con-
tractor 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 $16,578.12
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, in-
cluding 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 dam-
ages which may have been withheld by the Owner. The Contractor shall defend,
hold harmless and idemnify the Owner from any such claims of such Subcon-
tractors. 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.
Rhode Construction Company
By
(Affiant)
Carman Rhode
(Printed Name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the__ day of
A.D. 19
(Notary Public, in and for the State of Texas)
(Notary Seal) (Printed Name of Notary)
My commission expires