DR8802-CN 920526 'o REQUEST
AGENDA FORM
CIT'/COUNCIl. MI~'I'I~G May 7.6. 1997.
~TEM CAPTIOn:
Consideration of acceptance and approval of the final payment in the
amount of $16,578.12 to R~ode Construction Company for the North Kaye
Drainaoe Project.· '
Street . APPROVED/
_ .). CiTY COUNC.,AL
SUBMITTED BY: ~-~ ~~ DATE ~!~~/~h M- Griffin, P-E-
[ ~tofs ~i~e) 'r "' Cit~gineer
~ ~ OTHER ~P.: -
EV~UATION OF ITE~: DATE: May lg,
0n November 12, 1991, City Council awarded a contract to Rhode
Construction tot the drainage ~nprovements associated ~tth Kaye Street
the ~ount of $190,858.76. As of April 13, ~992, that pro~ect has been
substantially complete. This request ts to approve the final pa~ent to
Rhode Construction Company tn the ~ount of ~16,578.~2.
There were several ch~ges to the contract prior to and during the actual
construction. The most si~tftcant ch~e occurred prior to the start
construction. This change deleted 91 foot of the storm drainage pipe and
the associated trench safety. This ch~e was necessitated due to the
acquisition of an easement to take the storm drainage system back out to
Spanish Noss. Initially the plans were desired so that the pipe would
on the east side of Blake Sve~kovsky's property. Eo~ever, staff
unable to obtain the easement on the east side. But Nr. Sve3kovsky did
~rant an easement on the west side of his property. This shortened the
actual length of the drainage pi~ necessary for this pro~ect. That
ch~ge dec~eased the total cost ot the pro~ect by $10,229.53. Also,
actual ~o~t of sod necessary for this pro~ect ~as 2400 square yards as
opposed to 5000 square yards. ~his resulted tn a savtn~s of $10,348.00.
~he ~ount of sod was initially overestimated because staff ~as unsure
ho~ much d~age would be done to the adjacent pro~rties that would need
to be repaired after the installation of the storm drainage pipe.
Continued on Page Z
~T +/- BUDGET FI~C~ ~EW BY
COMMENTS:
On November ~2, ~99~ Counc~Z approved ~90,858.76 for
pro~ect.
LEGAL~EWBY: ~E~DBYCM: ~~
Page 2 (Continued) - Consideration of acceptance and approval of the
final payment in the amount of $16,578.12 to Rhode Construction Company
for the North Kaye Street Drainage Project.
There were three days liquidated damages charged against this project at
$150 a day. Attached to this agenda item is correspondence concerning the
liquidated damages and the extension of time granted for this project.
When the shorter distance of the pipe, the less sod and the liquidated
damages are factored into the cost of the project, the actual cost of the
project is $169,831.23.
In addition to the actual installation cost of the project, there were
several other items that had to be performed during the course of the
construction. One was the construction of a new fence adjacent to Blake
Svejkovsky's property and the boarding cost for Blake Svejkovsky's pet
during the construction of the pipe adjacent to his property. Those two
items were part of the conditions of the drainage easement. The cost of
the fence was $899.08. The boarding cost was $1,000. Also, as part of
another drainage easement, a tree had to had be replaced. The tree,
installation and one year guarantee is being installed at a cost of
$600.00. As part of a third drainage easement acquisition, the City
indicated that a fence would be relocated. The cost of the relocation is
$1,316.00. When all these items are included into the actual construction
cost of the project, this project will cost the City $173,646.31. This is
still $17,212.45 less than the original contract awarded to. Rhode
Construction in November of 1991.
Attached to this agenda item is the final estimate from Rhode
Construction, information concerning the liquidated damages and the
contractor's affidavit of final payment. Staff recommends that $16,578.12
be paid to Rhode Construction as final payment of the North Kaye Street
Drainage Project.
Staff will be available to answer any questions concerning this item.
ALL TYPES PIPELINE CONSTRUCTION "
2031 JOHN WEST ROAD SUITE 121 PH 214-327-7944 DALLAS, TEXAS 75228
FAX 214-327-2825
OWNER: CITY OF COPPELL
PROJECT: KAYE STREET DRAINAGE
ESTIMATE NO.: 4 & FINAL
PERIOD: 4/11/92 TO 5/2/92
TOTAL UNIT TOTAL
ITEM DESCRIPTION COMPLETED UNIT PRICE DUE
1 18" RCP 201 LF $107.21 $21,549.21
2 24" RCP 1173 LF $113.18 $132,760.14
3 12" X 12" INLETS 23 EA $250.00 $5,750.00
4 TRENCH SAFETY 1374 LF $0.12 $164.88
5 CONNECT TO EXIST. 27" 1 EA $285.00 $285.00
6 PAVE R&R SIDEWALK 80 SF $2.75 $220.00
7 SOD 2400 SY $3.98 $9,552.00
TOTAL WORK COMPLETED TO DATE $170,281.23
LESS 10% RETAINAGE $0.00
AMOUNT DUE $170,281.23
LESS PREVIOUS PAYMENTS $153,253.11
AMOUNT DUE THIS ESTIMATE $17,028.12
APPROVED BY:
l oD- O0. STRUCTIaN CO.
~' ;.. -? )
DATE
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
KMG/bd
cc: Alan D. Ratliff, City Manager
HUDDLE
Coppell, Texas 75019
he City With A Beautiful Future 214-462-0022
April 8, 1992
Mr. Doyle Huddleston
Rhode Construction Company
2031 3ohn West Road, Suite 121
Dallas, TX 75228
Re: Kaye Street Drainage Project
Dear Mr. Huddleston:
I have received and reviewed your second request for additional time on
~he Kaye Street Drainage Project. You had previously requested an
extension on March 11, 1992 for an additional 20 calendar days. This
would have moved the completion date from March 15, 1992 to April 4,
1992. Your second request is requesting that an extension be granted
until April 7, 1992.
Ibis letter is written to inform you that an extension of time is being
granted on the Kaye Street Drainage Project for an additional 26 days.
This means that the time for this project will expire on April 10, 1992.
if the project is not substantially complete by that date, then a
liquidated damage of $150 per day will be assessed against the project
beginning on April 11, 1992.
If you should have any questions or comments concerning this extension of
time on the project, please feel free to contact me at your convenience.
Sincerely,
n~~ M. Griffin, P.E. City Engineer
KMG/bd
cc: Alan D. Ratliff, City Manager Larry Jackson, City Attorney
Larry Davis, Engineering Development Inspector
RHODELT
CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT
THE STATE OF TEXAS) CONTRACTOR'S AFFIDAVIT OF
) FINAL PAYMENT AND RELEASE
COUNTY OF Dallas )
BEFORE ME, the undersigned au__thority, on this day personally appeared
Bradley W. Lands ("Affiant"), who, after being by me duly sworn,
deposes and says that he is President of Rhode Co~.~tructf(3n Co. ·
a co~poration (corporation, partnership, trade name) of
Da]las County, State of Texas (the "Contractor"),
which said Contractor was awarded the contract dated the 1Zth day of
Nov. , 19 91 , for the construction of Kaye St. Drainage Project
at the City of Coppell (the "Work"), for a total consideration of
$170,ZB1.Z3 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 Coppel] (the "Owner") has received the requestfor
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 S16,578.1Z
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 Comp~u~r
( Affiant)//
Bradley W. Lands
(Printed Name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the ///~day of ~
A.D. 19q~.
of Texas)
(Notary Seal) (Printed Name of Notary) I ·
My commission expires '' - .....
DALLAS CENTRAL APPRAISAL DISTRICT (DCAD)
There was no report at this time.
D) FINANCE COMMITTEE
There was no report at this time.
E) LIBRARY COMMITTEE
Councilman Weaver reported that there will be a
Friends of the Library meeting on Saturday, May 30,
1992 at 9:00 a.m. - 10:00 a.m. in the Rotary Room.
METROCREST RED RIBBON CAMPAIGN COMMITTEE (DRUG
AWARENESS)
There was no report at this time.
G) MUD ABSORPTION COMMITTEE
There was no report at this time.
H) NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG)
There was no report at this time.
I) PARK BOARD
There was no report at this time.
J) PERSONNEL POLICY TASK FORCE COMMITTEE
There was no report at this time.
K) RECYCLING COMMITTEE
There was no report at this time.
L) SCHOOL BOARD
There was no report at this time.
CONSENT AGENDA
Item ~S A. Consideration and approval of a final plat of
Country Estates,located at the southeast corner of
Bethel School Road and Harris Street, at the
request of Horace T. Ardinger.
B. Discussion and consideration of awarding Bid #Q-
0392-01 for the Phase I Drainage Improvements,
Hunterwood Subdivision - to Gibson & Associates,
Inc. in the amount of $13,162.50 and authorizing
the City Manager and City Engineer to execute
change orders for Alternates A B & C, if necessary.
C. Consideration and approval of an ordinance
abandoning certain utility easements on Lots 1-29,
Block E of the Waterford at Lake Park Addition, and
authorizing the Mayor to sign.
D. Consideration and approval of a Resolution to
encroach upon a utility easement, located in
Northlake Woodlands No. 7 Addition, Lot 9, Block E
to allow a swimming pool and decking, which were
constructed by the previous owner of the property,
at the request of Bryan and Sandra Jones.
E. Consideration of a resolution designating a Lease-
Purchase Agreement, between the City and
Consolidated Financial Resources, Inc., for the
purpose of financing a Computer System for Policy
and Fire CAD, as a "qualified tax exempt
obligation" of the City and authorizing the Mayor
to sign.
F. Consider approval of an ordinance establishing a
meeting time of 7:00 p.m. for the open session of
regular City Council meetings and authorizing ~he
Mayor to sign.
C~05269~,
Page 5 of/6 "~4
G. Discussion and appropriate action regarding the
Coppell Creative Playground Project:
1) Discussion and consideration of approval to
exempt the Coppell Creative Playground Project
group from permit requirements of the City of
Coppell's Peddlers and solicitor's Ordinance
No. 92538.
2) Consideration of a variance from Section 10-8-
4 of the City of Coppell Sign Ordinance, which
concerns temporary signs. The variance is
requested to locate the creative playground
site and to identify progress in achieving
monetary support for the playground.
H. Consideration of acceptance and approval of the
final payment in the amount of $16,578.12 to Rhode
Construction Company for the North Kaye Street
Drainage Project.
I. Discussion and consideration of approving a payment
of $1,000.00 in support of Dividends, an economic
development newsletter which is a publication of
the Coppell Industrial Development Task Force
directed toward educating the general public.
The Council commended staff for the drainage work that has been
done on Kaye Street. Mayor Pro Tem Smothermon moved to approve
Consent Agenda Items 18-A through 18-I, with Item 18-C carrying
Ordinance No. 92556, Item 18-D carrying Resolution No. 052692.1,
Item 18-E carrying Resolution No. 052692.2, and Item 18-F carrying
Ordinance No. 92557. Councilman Morton seconded the motion. The
motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen
Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in
favor of the motion.
EXBCUTIVE SESSION (Closed to the Public)
Item S-ES A. Article 6252-17, Section 2 (e), Senate Concurrent
Resolution Number 83, discussion with City Attorney
concerning matter involving privileged
communications between attorney and client.
Johnny Thompson
Barbara Austin
3.Home located at 221 Meadowcreek
4.D/FW Airport Expansion
5.Amy Jacobs re: EEOC claim
The City Council convened into Executive Session at 10:11 p.m. as
allowed under the above stated articles. Mayor Wolfe adjourned the
Executive Session at 11:18 p.m. and opened the public session.
REGULAR SESSION (Open to the Public)
There being no further business to come before Council, the meeting
was adjourned.
Mark Wolfe, Mayor
ATTEST:
Dorothy Timmons, City Secretary
CM052692 ji~,:~
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