Old Town Lot 1&2 Block E-PT150515T M t- C I T T - O
COPPELL
EARLY GRADING / EXCAVATION PERMIT
IN
RIGHT-OF-WAY / EASEMENT / PRIVATE PROPERTY
City Contractor
Date: 5/15/2015
❑ [ Grading plans provided and approved.
(Erosion Control must be installed prior to beginning work.)
❑ ❑ Tree Removal Permit from Parks & Recreation Dept. required.
❑ N Hold Harmless Letter from the Property Owner/Engineer/Developer is attached.
Project Name/Location: Twisted Root Burger 505 Houston Street, Coppell
General Contractor: Green Taa Construction
Permit issued to Company/Representative: Green Tag Construction / Greg Finan
Address: 3121 McKinney Street, Melissa, Texas 75454
Telephone#: 972-540-6331 Emergency Telephone#: 214-471-3818
General Description of work (provide copy of approved plans):
_xcavation for foundation work on ground up construction at 505 Houston Street 100 & 110
➢Was contact made with City and/or Utility Companies to locate existing utilities?
if NO, Reason:
(: Yes (' No
➢Was contact made with Parks & Recreation Dept. concerning Tree Removal Permit?
ifNO,Reason: No trees to be removed
);;,Is removal of existing street, alleys, or sidewalks necessary?
if YES, Attach Bore/Street Cut/Saw Cut Permit
);,-Is Floodplain Permit required?
(` Yes (*'No
(' Yes (: No
(' Yes (.' No
if YES, Permit # or date of City Council variance
Early Gradinq / Excavation Permit Paae 2
Representative(s) of the Contractor must adhere to all construction standards approved by
the City of Coppell, which includes but is not limited to: Erosion Control Ordinance,
compaction requirements (density tests will be required at the applicant's expense), Tree
Ordinance and barricading according to the Texas Manual on Uniform Traffic Control
Devices. Area(s) affected must be restored to as good condition as before the
commencement of work (grading, drainage, vegetation, and erosion control).
➢Any work requiring closing of a lane of traffic, street, or alley must be approved
by the Engineering Dept. with notification to the following prior to
closing: Police Department @ 972-304-3600
Fire Department @ 972-304-3512
Street Department @ 972-462-5150
Engineering Department @ 972-304-3679
➢Attach barricade plan / trench safety plan of a lane or street closure is required.
Note: Street closures are allowed from 9:00 a.m. until 3:30 p.m. ONLY unless
otherwise approved by City
Engineer.
➢A 2% inspection fee for grading is required prior to beginning work.
(Attach copy of excavation contract for verification)
Amount Paid $ 1,575.00 Date Paid 5 / 21 /2015
❖City inspector must be notified 24 hours prior to beginning work related to this permit.
Printing your name indicates your acceptance of the terms and conditions of this form:
5/21/2015
Signature of Applicant/Contractor Rep. Date
gn Wofity ineer Date
it'-A'Dipt4,L- Ltd 5 Sl (o "7 7 C)
City Inspector for this project Contact Number(s)
Applicant shall indemnify and forever hold harmless against the City of Coppell each and
every claim, demand or cause of action that may be made or come against it by reason of or
if any way arising out of the closure, blocking, excavating, cutting, tunneling, or other work
by the applicant under permit from the City, if such permit is granted.
Submit by E-mail I Print Form
GREEN TAG
( CONSTRUCTION MANAGEMENT DETAILS
Waiver of Liability and Hold Harmless Agreement
1. In consideration for receiving permission to participate in early grading & excavation at
505 Houston Street from the City of Coppell, Green Tag Construction (general
contractor) and JTM (subcontractor) hereby releases, waives, discharges and covenant
not to sue the city, their officers, agents, servants or employees for any and all liability,
claims, demands, actions and causes of action whatsoever arising out of or related to any
loss, damage or injury, including death, that may be sustained by the company while
participating in such activity, or while in, on or upon the premises where excavation activity
is being conducted.
2. Green Tag Construction and JTM are fully aware of the risks involved and hazards
connected with excavation. The companies hereby elect to voluntarily participate in said
activity with full knowledge that said activity may be hazardous to company employees, sub-
contractors and / or others. The companies voluntarily assumes full responsibility for any
risk of loss, property damage or personal injury, including death, that may be sustained by
the companies, employees, sub -contractors or others for any loss or damage to property
owned by the companies, as a result of being engaged in such activity.
3. Green Tag Construction and JTM further agree to identify and hold harmless the City of
Coppell from any loss, liability, damage or costs, including court cost and attorney fees that
they may incur due to the company's participation in excavation activities.
4. It is the express intent of Green Tag Construction and JTM that the waiver of liability shall
bind the members of respective families, spouses, heirs, assigns and personal
representatives. The companies further agree that the Waiver of Liability and Hold
Harmless Agreement shall be in accordance with the laws of the State of Texas.
S. In signing the release, the companies represent that they have read the foregoing Waiver of
Release and Hold Harmless Agreement, understand it and sign it voluntarily as free act and
deed; no oral representation, statements, or inducements apart from the foregoing written
agreement, have been made; the undersigning are authorized by their respective company to
produce and authorize said waiver; are fully competent; and, execute the release for full,
adequate and complete consideration fully intending to be bound by same.
In witness whereof, set my hand and seal on this 14th day of May, 2015
For: i
Witn
For: j
Witn
GREEN TAG
CONSTRUCTION MANAGEMENT DETAILS
Subcontractor Agreement
TRB — Coppell Excavation Contract
This Contract for Services (the "Contract") is made effective as of May 20, 2015 by and between Green
Tag Construction, LLC. and `°JPM" In the Contract, the party who is contracting to receive services will be
referred to as "Green Tag Construction," and the party who will be providing the services will be referred
to as "sub -contractor."
1) DESCRIPTION OF SERVICES. Beginning on May 30, 2015, "sub -contractor" will
provide to "Green Tag Construction" the services described in the attached Exhibit
(collectively, the "Scope of Work, City Approved Plans and/or Revisions")
2) COMPLETION DATE. The "Scope of Work" shall be completed by June 20, 2015
"Completion Date."
3) PAYMENT FOR SERVICES. In exchange for the Services "Green Tag Construction" will
pay sub contactor according to the following schedule: The sum of $78,750.00 based on
completion of work schedule. The sum is the total amount and includes material, equipment,
labor and applicable taxes. The last payment will be issued only upon completion of this
agreement, and contracted services have been deemed acceptable by "Green Tag
Construction" (See Item 27: Residual Hold Back). All work order additions and or omissions
must be approved by Green Tag Construction through a written Change Order to the "Scope
of Work".
IMPORTANT NOTE: DO NOT ACCEPT THIS AGREEMENT IF YOUR COMPANIES
FINANCIAL SITUATION DOES NOT ALLOW FLEXIBILITY.
a. Rough in Grade
$23,625.00
b. Excavation
$23,625.00
c. Final Grade
$23,625.00
d. Item 27 - Residual
$ 7,875.00*
At times, there are unforeseen conditions where the owner's ability to pay may require delays
in funding — example - management company's fund processing delay. When this occurs,
delays will occur to you/your company receiving payments.
4) PURCHASE ORDER/TAXES. All payments made to sub -contractor in reference to this
agreement will be tracked by purchase order # TRB- Coppell. Project is not -tax-exempt.
Include in your billing/proposal required (local/state/federal) taxes for labor and material.
5)
PERFORMANCE. "Green Tag Construction" is required to meet completion schedules set
forth by the Contract Agreement therefore sub -contractor agrees to, supply as many workers
as needed, or work as many hours as needed, to meet the completion date of June 20, 2015.
Schedule maintenance may require weekend/holiday work. Sub -contractor js4vwired to
I
[I- G R1E N TAG
CONSTRUCTION i, MANAGEMENT DETAILS
provide Green Tag Constructions Supervisor a daily work schedule that includes show time,
work to be performed, hours of operation and number of employees.
6) PROTECTION / PUNCH / TRASH REMOVAL. Sub -contractor will be responsible for
protecting installed items by covering the items up immediately after installation. Sub-
contractor agrees to thoroughly clean all items described in the "Scope of Work" prior to
completion of this agreement. Sub -Contractor agrees to complete all punch items in a timely
manner - within 5 days following notification. In addition, sub -contractor is responsible for
ensuring their work area is picked up / cleaned / trash removed / material and equipment
stored every day to allow access by other trades in the performance of their work and to
promote a safe and clean work environment. Failure to clean up and properly store work
material/equipment will result in a $250.00 charge back per occurrence. Sub -contractor will
be charged for any damages employees cause based on replacement / repair cost.
7) TOOLS/DELAYS. Sub -contractor is responsible for furnishing all tools, material and
equipment required to fulfill this agreement. Green Tag Construction will not be responsible
for any lost or stolen tools, material or equipment. Work delays that result in time lost in
meeting the completion date caused under any section of the contract will incur a $500.00 per
day penalty for failure to perform. Use of equipment furnished by Green Tag Construction has
a per diem charge and must be pre -approved. Ascertain charges prior to use.
8) OVERTIME. Sub -contractor shall be responsible for including any overtime, in its original
bid, required to meet the completion schedule set forth by this agreement. Any overtime
compensation that is not covered in this agreement caused by, but not limited to, additions or
change orders shall be agreed to by Green Tag Construction and the sub -contractor in writing
prior to commencement of work.
9) TERM. This Contract will terminate automatically upon completion by sub -contractor of the
services required by this Contract.
10) CANCELLATION / TERMINATION. In the event that the "Scope of Work" is canceled
the sub -contractor will be compensated for any work completed based on the breakdown of
the bid. If the work completed is not covered in the sub contractor's bid then Green Tag
Construction reserves the right to compensate sub -contractor based on a percentage of work
completed up to the cancellation date.
11)
Green Tag Construction reserves the right to terminate this agreement at any date, with no
further compensation, if Green Tag Construction determines that the sub -contractor is not
performing its obligations to fully meet this agreement. The sub -contractor agrees to
reimburse Green Tag Construction for all cost incurred due to sub -contractor negligence, lack
of performance, failure to meet schedule, use of rental equipment, safety violation and / or
unprofessional work or demeanor.
RELATIONSHIP OF PARTIES. It is understood by the parties that sub -contractor is an
independent contractor with respect to Green Tag Construction, and not an employee of
Green Tag Construction. Green Tag Construction will not provide fringe benefits, including
liability insurance, workman's compensation, health insurance benefits, tax ial security,
paid vacation, or any other employee benefits, for the benefit of sub-contr tor.
P
J
GREEN TAG
CONSTRUCTION MANAGEMENT ❑ DETAILS
12) AVAILABILITY. The sub -contractor agrees to participate in a minimum of one pre -
construction meeting with Green Tag Construction, and will attend scheduled construction
and safety meetings with a notice of no less than 48 hours. Sub -contractor also agrees to make
its employees available for drug test and back ground checks if so requested by the general
contractor.
13) CONFIDENTIALITY. Sub -contractor, and its employees, agents, or representatives will
not at any time or in any manner, either directly or indirectly, divulge, disclose, or
communicate in any manner, any information that is proprietary/confidential to Green Tag
Construction. Sub -contractor and its employees, agents, and representatives will protect such
information and treat it as strictly confidential to include your company's estimates and
proposals. This provision will continue to be effective after the termination of this Contract.
Upon termination of this Contract, sub -contractor will return to Green Tag Construction all
records, notes, documentation and other items that were provided used, created, or controlled
by sub -contractor during the term of this Contract.
14) INDEMNIFICATION. Sub -contractor agrees to indemnify and hold Green Tag
Construction harmless from all claims, losses, expenses, fees including attorney fees, costs,
and judgments that may be asserted against Green Tag Construction that result from the acts
or omissions of sub-contractor/employees, agents, or representatives.
15) WARRANTY. Sub -contractor shall provide its services and meet its obligations under this
Contract in a timely and workmanlike manner, using knowledge and recommendations for
performing the services which meet generally acceptable standards in the community /
region and will provide a standard of care equal to, or superior to, care used by service
providers similar to sub -contractors on similar projects. In addition, sub -contractor will
respond with urgency — within an hour - on any Emergency Repairs required. Warranty period
is 365 days from the completion date of this agreement. Warranty repairs due to poor
installation, craftsmanship or material are non -reimbursable and responsibility of the sub-
contractor.
16) CONDUCT AND APPEARANCE. Sub -contractor and all its employees, agents, or
representatives shall conduct themselves in a professional manner at all times while
representing Green Tag Construction at TRB-Coppell. Appearances by sub -contractors
workers shall meet the guidelines set forth by Green Tag Construction and Management
Company (i.e. No short pants, No T-shirts with offensive language or symbols, No wearing of
any garments or hat that bears the name or trademark of any company that might be in
competition with Green Tag Construction)
a. Courtesy: Green Tag Site Supervisor is the Project Supervisor. All
employees of the sub -contractor are responsible for providing the project
supervisor with respect and courtesy. Failure to do so will result in the
immediate removal of the sub -contractors employee and possible
termination of sub -contractors ability to work on the site. (See Item 10:
Termination) All communication with the owner, landlord or
management company is restricted to Green Tag Construction
personnel.
I t 1:
3
[! GREEN TAG
CONSTRUCTION ❑ MANAGEMENT DETAILS
b. Drugs and Alcohol: No one is permitted to work on the job site impaired
by either alcohol or drugs. Failure to comply with this portion of the
agreement will result in immediate termination of the company and
forfeiture of all payments due for past and future work performed.
c. Safety: No one is permitted to work on the job site in an unsafe manner or
with unsafe equipment as described in OSHA rules and regulations as
interpreted by the Green Tag Construction on- site Supervisor. Failure to
comply will result in immediate termination and forfeiture of all payments.
d. Sign In: Sub contractor employees will sign in / sign out daily on General
Contractors log and provide a daily work to be performed schedule
description. (See Item 5: Performance)
17) INSURANCE: Sub contractor acknowledges the obligation to obtain appropriate insurance
coverage for the benefit of sub -contractor and employees. Sub -contractor waives any rights to
recovery from Green Tag Construction for any injuries that sub -contractor and/or employees
may sustain while performing services under the contract. Sub -contractor is required to
provide Green Tag Construction a copy of site specific liability and workers compensation
insurance prior to initiating work.
18) REMEDIES. In addition to any and all other rights a party may have available according to
law, if a party defaults by failing to substantially perform any provision, term or condition of
the Contract, the other party may terminate the Contract by providing written notice to the
defaulting party. This notice shall describe with sufficient detail the nature of the default.
The party receiving such notice shall have 5 working days from the effective date of such
notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the
default(s) within such time period shall result in the automatic termination of the Contract.
19) ENTIRE AGREEMENT. The Contract contains the entire agreement of the parties, and
there are no other promises or conditions in any other agreement whether oral or written
concerning the subject matter of the Contract. The Contract supersedes any prior written or
oral agreements between the parties.
20) SEVERABILTY. If any provision of the Contract will be invalid or unenforceable for any
reason, the remaining provisions will continue to be valid and enforceable. If a court finds that
any provision of the Contract is invalid or unenforceable but that by limiting such provision it
would become valid and enforceable, then such provision will be deemed to be written,
construed and enforced as so limited.
21) AMENDMENT. This Contract may be modified or amended in writing if the writing is
signed by the party obligated under the amendment and Green Tag Construction.
22) GOVERNING LAW. This Contract shall be construed in accordance with the laws of the
State of Texas.
23) NOTICE. Any notice or communication required or permitted under this Contract shall be
sufficiently given if delivered in person or by certified mail, return receipt Kqi� ted, to the
address as one party may have furnished to the other in writing.
H
GREEN TAG
CONSTRUCTION i i MANAGEMENT o DETAILS
24) ASSIGNMENT. The sub -contractor may not assign, transfer or disclose the Contract
without the prior written consent of Green Tag Construction.
25) SITE RULES. Notwithstanding the above recital, the sub -contractor is fully aware of Citv
of Connell Construction Rules & Regulations, including insurance requirements, and is
obligated to abide by the items set forth there -in. Failure to do so will result in fine, back
charge and/or dismissal from the project. If sub -contractor and/or employee is dismissed or
terminated from the project for cause, the sub -contractor will be liable for the penalty of
forfeiture of all payments.
26) SAFETY. Safe operations are imperative. The sub -contractor agrees to meet all standards
provided in OSHA rules and guidelines. In addition, the sub -contractor must produce a work
environment which is safe for fellow trades and for customers, staff and employees of the
complex. Failure to do so will result in immediate termination and forfeiture of all payments
as expressed in Item: 10 & 16c.
27) Maintenance/Residual Hold Back. The sub -contractor is aware and acknowledges that 10%
of funds allocated for final disbursement will be held in escrow for 30 days following
Certificate of Occupancy (CO). In addition, Green Tag Construction reserves the right to
"Back Charge" any sub -contractor who does not make timely maintenance corrections or
additions/warranty work required by Green Tag Construction and/or the owner.
28) RECEIPT OF GOODS. Sub -contractor agrees to have a representative available at the work
site that will be responsible for inspecting and accepting all goods delivered for their use.
Sub -contractor also agrees to be financially responsible for the replacement of any damaged,
lost, or stolen goods due to sub contractor's negligence.
29) PAYMENT: Payment for work completed will occur at listed benchmarks indicated Item 3;
unless prior arrangements have been agreed to. The sub -contractor is responsible for
providing a written percentage work completed to Green Tag Construction on-site supervisor
the proceeding Friday (7 days in advance) for authorization. All payments are subject to
conditions set out in "Item 3- Payment for Services" of the contract.
30) COMMUNICATION / Sub -Contractor Designated Foreman: The sub -contractor is
responsible for having an on-site foreman the entire time work is being performed by the sub-
contractor at the job site. The foreman must have full knowledge of all tasks being performed
with a minimum of 3 years in trade experience. Sub -contractor foreman is responsible for
keeping the Green Tag Construction Site Supervisor informed on all activities, problems and
solutions. Open, honest and respectful communication ensures outstanding project results.
Prior to removing any employees needed to complete scheduled task obtain Site Supervisors
agreement. Pulling of employees to cover other obligations that place a burden on Green Tag
Construction requirements will not be accepted. (See: Item 5)
31) CODE REQUIREMENTS/Quality of Work: The sub -contractor certifies that they have
thoroughly reviewed the plans and scope of work, and that the sub -contractor is fully
responsible for ensuring the proposal for work and contract price agreed to in this docum t
includes all city, state and federal code requirements. No change orders or contrac , oneta
additions will be allowed for Code required equipment, items, material or work, i
Ini ``
5 //.'
GREEN TAG
CONSTRUCTION ; , MANAGEMENT DETAILS
Quality of work will be equal to or exceed community standards when applied to
professional services. Sub -contractor agrees to perform all obligations, work and
responsibilities to the highest standards of quality workmanship. No Change Orders or
additional monetary compensation will be allowed for bringing work deemed sub-
standard up to this level of acceptance.
32) WAIVERS OF LIEN: Sub -contractor understands the need to provide notarized partial
waivers of lien for each payment received and Final and Full Release of Lien at project
completion. Furthermore sub -contractor agrees and understands that waivers may be
required prior to payment as allowed by waiver based on the following condition:
"Signer warrants that the signer has already paid or will use the funds received for the
progress payment to promptly pay all the signers laborers, materialmen and suppliers
for all work, materials, equipment or services provided."
All waivers must be returned to the Contractor no later than 24 hours after receipt.
I certify that I have read and understand the sub -contractor conditions and agree to abide by all items listed
in the contract. I have received and understand the Scope of Work, reviewed approved plans and have read
and understand management company construction and insurance requirements. Furthermore, I affirm that
my company and employees are legally eligible to perform work in -the State of Texas, The United States of
America as set forth by governing law and release Green Tag Cons tion for any/all liability concerning
work right eligibility issues.
A 7
ByDate: S/5/15 By: v
"5 -
Green Tag Construction, LLC.
R
JPM
— John