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ST0301A-CN100917 Sep 17 2010 11:38AM TRW, LP 817 635 4042 p.1 TRW, LP 2401 Avenue 3, Suite 211 Arlington, Texas 76006 Phone: 817 - 635 -4040 Fax: 817-635-4042 Fax Cover Sheet DATE: 09/17/10 TO: Keith Marvin FROM: Mike Winsor Company: City of Coppell mike @trwlp.corn FAX: 972 - 304 -3570 Pages (including cover): 2 Subject: Bethel Road Reconstruction Retaining Walls NOTE: Mr. Marvin, Per your meeting with Joe London yesterday, attached for your review and consideration is our Proposal /Contract to add two retaining walls as part of this project. Should you have any questions or need any other information, please feel free to call. Sep 17 2010 11:38AM TRW, LP 817 635 4042 p.2 TRW" Contract Terms Pricing valid for 30 days from date signed below. OWNER/DEVELOPERS: PROJECT NAME AND LOCATION: City of Coppell Bethel Road Reconstruction 255 Parkway Boulevard City of Coppell Coppell, Texas 75019 Dallas County, Texas TRW, LP (Contractor) TO FURNISH THE MATERIALS AND PERFORM THE LABOR NECESSARY FOR THE COMPLETION OF STONE RETAINING WALLS. Additionally, Contractor shall construct wall per typical industry standards. The only excavation to be completed by Contractor shall be for the wall foundation below sub- grade. The backfill of the stone wall shall be placed as per typical Industry standards to a distance equal to but not exceeding the height of the stone wall. The balance of the backfill shall be with on -site material, adjacent to wail, as provided by owner. Contractor shall perform general clean -up and rough grade adjacent to wall. CONTRACTOR SPECIFICALLY EXCLUDES 95% COMPACTION AND TESTING OF FILL AREAS; THIS IS THE RESPONSIBILITY OF OWNER, AND IF NOT PROPERLY PERFORMED, MAY CAUSE DAMAGE TO, OR THE DESTRUCTION OF THE WALL(S). Wall costs are turnkey, based on the grading plans provided by owner. Additionally, all pricing is contingent upon review of owner's geotechnical investigation and recommendations. GLOBAL STABILITY ANALYSIS HAS NOT BEEN PERFORMED ORCOMMISSI0NED 51' CONTRACTOR AND REMAINS THE RESPONSIBILITY OF THE OWNER /DEVELOPER. CONTRACTOR SPECIFICALLY EXCLUDES RESPONSIBILITY FOR ADEQUACY OF DESIGN AS IT RELATES TO GLOBAL STABILITY. The Owner /Developer shall cause all walls to be staked with cut and fill grades to top and bottom of walls as specified on grading plans along with excavation necessary to accommodate retaining wall(s) and gravel backfill. Owner/Developer acknowledges that Contractor cannot begin work without such staking and grading being done. Owner /Developer further acknowledges that Contractor cannot stay on job site unless sufficient stakes and grading exist to maintain production. Any expenses incurred for moving in and out of the development as a result of insufficient staking or grading shall be an additional expensed itemized by a change order. Contractor shall not be responsible for haul off of any excess spoils other than those created by wall construction. Likewise, Contractor cannot be responsible for any errors made in the engineering survey. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED. ALL STONE IS NATURAL PRODUCT AND IS NOT GUARANTEED FOR COLOR OR TEXTURE. THE ABOVE WORK TO BE PERFORMED IN ACCORDANCE WITH THE FOLLOWING DRAWINGS SUBMITTED FOR THE ABOVE WORK: Freese and Nichols, Bethel Rd Reconstruction, Brian Caleb Thornhill, 3/2/10 with notes by Keith Marvin AS DEFINED BY OUR ITEMIZED STATEMENT PROVIDED BELOW DATED: 09 /17/10 AND WILL BE COMPLETED IN A WORKMANLIKE MANNER FOR THE SUM OF: LIMESTONE RANDOM MODULAR VENEER WALLS W/O FENCE POST SLEEVES $6,454.00 ANY ALTERATION OR DEVIATION FROM SPECIFICATIONS INVOLVING EXTRA COST WILL BE EXECUTED ONLY UPON WRITTEN ORDERS, AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. OUR PERFORMANCE OF OUR CONTRACT OBLIGATIONS I5 SUBJECT TO DELAY DUE TO WEATHER, STRIKES, ACCIDENTS, AND DELAYS BEYOND OUR CONTROL. OWNER IS TO CARRY FIRE, TORNADO, AND OTHER NECESSARY INSURANCE ON THE ABOVE WORK. PAYMENT TERMS ARE NET 15 DAYS AFTER INVOICE DATE. ]f payment is not received before 30 days from the date of the invoice, the Owner /Developer shall pay a late fee equal to one and one -half percent (1.5%). Additionally, the outstanding balance shall bear interest at the rate of the lesser of eighteen percent (18%) or the maximum inter owable by state law. AUTHO D SIGNATURE DATE TRW; . ACCEPTANCE OF CONTRACT THE ABOVE PRICE, SPECIFICATIONS, AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO PERFORM THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. AUTHORIZED SIGNATURE: PRINTED NAME: TITLE: COMPANY: ADDRESS: DATE: TRW, LP 2401 AVENUE 3, SUITE 211 • ARLINGTON, TX 76006 • PHONE: 817 - 635 -4040 • FAX: 817-635 EMAIL: info@trwlp.com