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ST9801-CS000118FAX ( 2 1 ' .... ~, tup ot envelope to the right of ttne return address CERTIFIED Z 241 775 696 MAIL Mr. Kenneth M. Griffin, P.E. Director of Engineering and Public Works City of Coppell 255 Parkway Blvd. Coppell, Texas 75019-4409 VIA FACSIMILE: (972) 304-3570 VIA CERTIFIED MAIL NO. Z 241 775 696 RETURN RECEIPT REQUESTED Re: Coppell Road Reconstruction SH 121 to Sandy Lane Road Coppell Project No. ST 98-01 Dear Mr. Griffin: Ed Bell Construction Company CEd Bell Construction") entered into a contract with the City of Coppell (the "City") on the above-referenced project relying upon statements made by City representatives at the February 18, 1999 pre-bid meeting. During that meeting, the City represented that the box culvert could be built in one stage and detouring traffic around the box culvert crossing would provide for more expeditious construction which would benefit the City in terms of cost and the traveling public in terms of time. Ed Bell Construction's box culvert subcontractor, Coppell Construction Company, Inc. CCoppell Construction") also attended the same pre-bid meeting. Coppell Construction subsequently bid the box culvert utilizing the cost for one-stage construction. Relying both on Ed Bell Construction's understanding and Coppell Constmction's understanding of the City's representations during the pre-bid meeting, Ed Bell Construction submitted a bid to the City utilizing Coppell Constmction's quotation for one-stage construction of the box culvert. When Ed Bell Construction was awarded the City's contract, Ed Bell Construction issued a subcontract to Coppell Construction based upon Coppell Constmction's quotation. Enclosed is Exhibit "A," which is a copy of Ed Bell Construction's notes of the pre-bid meeting evidencing the City's representations that the box culvert could be built in one stage. Also enclosed is Exhibit "B" which is the quotation from Coppell Construction clearly evidencing that Coppell Construction based its quotation upon the road being closed. Enclosed as Exhibit "C" is the Subcontract Agreement which clearly stipulates that the box culvert was to be built in one stage with the road closed. Having relied upon the representations made by the City at the pre-bid meeting, Ed Bell Construction is entitled to construct the box culvert in one stage in accordance with Coppell Construction's original quotation and Ed Bell Construction's original bid. The one-stage construction would require closing Coppell Road between Parkway Boulevard and Westminister Way, and detouring traffic around the closure utilizing a traffic control plan similar to the original traffic control concept developed by Freese and Nichols, Inc. Pursuant to the City's request, Ed Bell Construction has previously submitted a proposal detailing the extra costs of two-stage construction of the box culvert. Enclosed is Exhibit "D" which is a copy of Ed Bell Construction's December 6, 1999, letter identifying the extra costs for two-stage construction of the box culvert with a two-way detour. Also enclosed is Exhibit "E" which is Ed Bell. AN EQUAL OPPORTUNITY EMPLOYER FAX (214) 352-3201 TELEPHONE (214) 358-6581 ED BELL CONSTRUCTION COMPANY POST OFFICE BOX 540787 10605 HARRY HINES DALLAS, TEXAS 75354-0787 DALLAS, TEXAS 75220 January 18, 2000 Mr. Kenneth M. Griffin, P.E. Director of Engineering and Public Works City of Coppell 255 Parkway Blvd. Coppell, Texas 75019-4409 VIA FACSIMILE: (972) 304-3570 VIA CERTIFIED MAIL NO. Z 241 775 696 RETURN RECEIPT REQUESTED Re: Coppell Road Reconstruction SH 121 to Sandy Lane Road Coppell Project No. ST 98-01 Dear Mr. Griffin: Ed Bell Construction Company CEd Bell Construction") entered into a contract with the City of Coppell (the "City") on the above-referenced project relying upon statements made by City representatives at the February 18, 1999 pre-bid meeting. During that meeting, the City represented that the box culvert could be built in one stage and detouring traffic around the box culvert crossing would provide for more expeditious construction which would benefit the City in terms of cost and the traveling public in terms of time. Ed Bell Constmction's box culvert subcontractor, Coppell Construction Company, Inc. CCoppell Construction") also attended the same pre-bid meeting. Coppell Construction subsequently bid the box culvert utilizing the cost for one-stage construction. Relying both on Ed Bell Construction's understanding and Coppell Constmction's understanding of the City's representations during the pre-bid meeting, Ed Bell Construction submitted a bid to the City utilizing Coppell Construction's quotation for one-stage construction of the box culvert. When Ed Bell Construction was awarded the City's contract, Ed Bell Construction issued a subcontract to Coppell Construction based upon Coppell Construction's quotation. Enclosed is Exhibit "A," which is a copy of Ed Bell Construction's notes of the pre-bid meeting evidencing the City's representations that the box culvert could be built in one stage. Also enclosed is Exhibit "B" which is the quotation from Coppell Construction clearly evidencing that Coppell Construction based its quotation upon the road being closed. Enclosed as Exhibit "C" is the Subcontract Agreement which clearly stipulates that the box culvert was to be built in one stage with the road closed. Having relied upon the representations made by the City at the pre-bid meeting, Ed Bell Construction is entitled to construct the box culvert in one stage in accordance with Coppell Construction's original quotation and Ed Bell Construction's original bid. The one-stage construction would require closing Coppell Road between Parkway Boulevard and Westminister Way, and detouring traffic around the closure utilizing a traffic control plan similar to the original traffic control concept developed by Freese and Nichols, Inc. Pursuant to the City's request, Ed Bell Construction has previously submitted a proposal detailing the extra costs of two-stage construction of the box culvert. Enclosed is Exhibit "D" which is a copy of Ed Bell Construction's December 6, 1999, letter identifying the extra costs for two-stage construction of the box culvert with a two-way detour. Also enclosed is Exhibit "E" which is Ed Bell AN EQUAL OPPORTUNITY EMPLOYER January 18, 2000 Page 2 Construction's January 13, 2000 letter identifying the extra costs for two-stage construction of the box culvert with a one-way detour. During the course of the previous four months, Ed Bell Construction has discussed with the City numerous construction sequences and traffic control plans relative to the box culvert construction. To date the City has not made a final decision of whether to construct the box culvert in one stage in accordance with its original representations, or to incur the additional cost of a two- stage construction. The project has reached a critical juncture requiring a prompt decision regarding the construction of the box culvert and the traffic control concept to be utilized. Progress on the project's critical path has been at a stand still awaiting these decisions by the City. Please be advised that if the City elects a two-stage construction of the box culvert, Ed Bell Construction will be entitled to payment for the extra costs incurred. Ed Bell Construction respectfully requests a decision be made by the City no later than January 28, 2000 so that progress on the project can continue without delay. Further delay in this decision will damage Ed Bell Construction by increasing its costs of performance during this delay. If you have any questions regarding the information enclosed or any information previously submitted, please contact our office. Sincerely, .~N~'~NUCTION Robert D. Weber Project Engineer COMPANY C'- Mr. Kent Collins, P.E. Engineering and Public Works City of Coppell 255 Parkway Blvd. Coppell, Texas 75019-4409 Mr. Kevin C. Young, E.I.T. Freese and Nichols, Inc. 1701 Noah Market Street Suite 500, LB 51 Dallas, Texas 75201 Feb-25-99 09: 30A copp/~ I construct i on 97;2~20 0495 COPPELL CONSTRUCTION COMPANY, INC. 997 East Main / Lewisville, Texas 75057 P.ol LOCATION: Coppell Road OWNER: City of Coppell PROJECT NO: ST 98-01 BID DATE: Feb. 25,1999 ITEM DESCRIPTION UN QUAN PRICE EXTENSION Ib-43 3-10X6 MBC MC 10-2 LF 29900 740.00 221,260.00 Ib-44 3-10X6 MBC 2WINGWALLS FMCW-51 CY 14.00 650.00 9,100.00 Ib-45 6" REINF CONC APRON SY 50.00 46.00 2,300.00 Ib-46 REINF CONC ENERGY DISSIPATERS EA 600 500.00 3,000.00 TOTAL 235,660.00 INCLUDED: EXCLUDED: NOTE: SHORING AT RETAINING WALLS; Excavation and backfill to one foot of cover over box. Rock embedment under box & wings. Clearing; Irrigation system repair or relocation; ImpDried beckfill; Haul off of excess dirt; Testing costs; Permits and inspection fees; Barricades, signs and traffic control; Erosion control devices. Box to be built with road closed. Line and grade offsets to be furnished by others. AN EQUAL OPPORTUNITY EMPLOYER PHONE (972) 420-1260 FAX (972) 420-0495 i' SUBCONTRACT AGREEMENT (Public Works) ED BELL CONSTRUCTION COMPANY POST OFFICE BOX 540787 DALLAS, TEXAS 75354-0787 This Subcontract Agreement (herein called "Agreement") is made and entered into as of this _28TH_ day of AUGUST , 19 99 , by and between ED BELL CONSTRUCTION COMPANY (herein called "Contractor") and _COPPELL CONSTRUCTION COMPANY, ¥NC._ (herEin c~lec~ "Subcontractor") to perform part of the Work on the following Project: PROJECT: OWNER: WATER AND PAVING IMPROVEMENTS COPPELL ROAD ST98 - 01 CITY OF COPPELL 225 PARKWAY BOULEVARD COPPELL, TEXAS ARTICLE 1 SCOPE OF WORK 1.01. Subcontract Work. Subcontractor shall furnish all labor, materials, fuel, equipment, tools, machinery, and supplies; perform all work; obtain all necessary permits; pay all state sales taxes. state and federal unemployment taxes, and all other taxes and fees associated with the subcontract labor or materials; provide all required construction layout and surveying; and do all things necessary to complete the following work, together with all appurtenant and related work, in strict compliance with the Contract Documents described in provision 1.02. below, to-wit: THESE PRICES DO NOT INCLUDE TRAFFIC CONTROL OR BONDS. EXCLUDES SIDEWALK LUG. BASED ON 100% TEXAS CRUSHED LIMESTONE COARSE AGGREGATE. ITEM ITEM DESCRIPTION QTY UNIT UNIT $ ITEM TOTAL 36 TXDOT PR-1 RAILING 613 LF $ 50.00 $ 30,650.00 43 3-10'X6' MULTI C-I-P CONC BOX CULVERT M 299 LF $ 740.00 $ 221,260.00 44 3-10'X6' MULTI BOX CULVERT STRAIGHT WIN 14 CY $ 650.00 $ 9,100.00 45 6" REINF CONC APRON 50 SY $ 46.00 $ 2,300.00,. '46 REINF CONC ENERGY DISSIPATERS 6 EA $ 500.00 $ ' , i CONTACT AMOUNT $ 2 , . INCLUDES SHORING AT RETAINING WALLS. EMBEDMENT UNDER BOX AND WINGS. INCLUDES STRUCTURAL EXCAVATION AND BACKFILL TO I FOOT OVER BOX, ROCK PRICES DO NOT INCLUDE CLEARING, IRRIGATION SYSTEM REPAIR OR RELOCATION, IMPORTED BACKFILL. HAUL OFF OF EXCESS DIRT, TESTING COSTS, PERMITS OR INSPECTION FEES, FURNISHING BARRICADES, SIGNS OR TRAFFIC CONTROL, EROSION CONTROL DEVICES. BOX TO BE BUILT IN ONE PHASE WITH ROAD CLOSED. ENGINEERING BY OTHERS. Such work shall be herein called "Subcontract Work. Subcontract Agreement (Public Works) Page 1 e"NI~tT t .02. Contract Documents. (a) The Contract Documents shall include, in addition to this Subcontract Agreement, all documents reflecting the agreement between the Owner and the Contractor for the pr.oject, including, but not limited to, the plans, specifications, general cond,tions, special conditions. addenda, performance bond. and payment bond. (b) Subcontractor acknowledges that he has read the Contract Documents and is familiar with each and every part thereof afLecting his Subcontract Work together with all related drawin s, pans, and s cifications, and all eneral conditions and special co~qc~itions incidental t~e~eto. Subcontractor ~ examination has satisfied himself as to the nature and location of the WorrY; the character, uantity, and kinds of materials necessary; the ade uacy of any surface or suq~surface conditions necessary to assure proper ins~achation of Subcontractor's Work; the kinds and quantity of equipment needed; and other local conditions or matters affectin compliance with the Contract Documents. Further, Subcontractor is famejar with the respective rights. wers, benefits and liabilities of the Contractor and the Owner under the C~onvtract Documents and hereby agrees to comply with and perform all provisions thereof which are applicable to the Subcontract Work. (c) Any questions arising with respect to interpretation of the Contract Documents or any related drawings, Inns, or specifications shal be submitted through the Contractor and the SPulbcontractor shall- follow lthe directions of the Owner or the Owner's re resentative, as conveyed by the Contractor, with respect to such matters. ~l~e Subcontractor agrees that the Owner's (or his representative's) interpretation of the requirements of the Contract Documents and his decision in matters relating to artistic effect shall be final, as long as such interpretation and/or decision is not in conflict with the terms of the Contract Documents. (d) The Subcontractor agrees to be bound to the Contractor under this Agreement according to the same terms and conditions as the Contractor is bound to the Owner under the Contract Documents. The Subcontractor shall assume and perform all of the obligations and responsibilities of the Contractor under the Contract Documents. which perta,n or relate to the scope of work in this Subcontract as described in Paragraph 1.01. ARTICLE lI PERFORMANCE AND PROSECUTION OF WORK 2.01. Independent Contractor. The Subcontractor agrees that he is an independent contractor under this Agreement. The Subcontractor is solely res nsible for, and has control over, all construction means. methods, tec~nniques, se uences, procedures. and coordination of all portions of the Subcontract Work, unless the Contractor shall ive specific written instructions concernin these matters. Further, the ~ubcontractor is fully res nsible for, and ~as control over, all construction mends, methods, tec~nniques, sequences. rocedures and coordination of the Subcontract Work related to the safety o~ Subcontractor's employees and any other persons workin in the area of the Subcontract Work. ~.02. Storage of Materials. The Subcontractor shall examine all equipment and materials furnished by others for compliance with the Contract Documents. The Subcontractor shall then unload and properly store all such equipment and material to prevent damn e or loss. Contractor may deduct all costs for such damage or loss resulting from improperly stored materials from payments due to Subcontractor. 2.03. Surface and Subsurface Conditions. The Subcontractor shall inspect surface and/or subsurtace conditions directing Subcontractor's Work to assure that Work will be properly installed in accordance with Contxact Documents. If any rem.edial wgrk is requiyed to the surface o.r subsur. f.aee, CONDITIONS WHEN SUBCONTRACTOR INITIATES HIS WORK WITHOUT SUCH NOTICE, AND WAIVES ANY CLAIMS FOR EXTRA COMPENSATION FOR REPAIR OR REMEDY TO THE SUBSURFACE OR FOR REPLACEMENT OF THE SUBCONTRACT WORK ARISING OR RESULTING FROM DEFECTS IN THE SURFACE OR SUBSURFACE. 2.04. Protection of Work. The Subcontractor shall take necessary recautions to ro rly protect the Subcontract Work and the work of the ~ontractor andPo't~er subcontractors. The Subcontractor shall promptly repair any damage to the work of the Contractor or other subcontractors, and if the Subcontractor fails to promptly repair such damage, the Contractor may deduct the costs of such re airs from ayments due the Subcontractor. 2.05. Inspection of ~Poark. T~e Subcontractor shall provide sufficient, sate and proper taclhnes at all times for the inspection of the Work by the Contractor or his authorized representatives. Work not meetin the specifications or intent of the drawings shall be removed or rebuilt, aRc~ retested to conform to specifications and drawings at Subcontractor's expense. 2.06. Cleanu. The Subcontractor shall keep the building and premises cleaLn~ times of debris arising out of the operations of this Agreement. If the Subcontractor shall fail to remove construction debris as instructed b Contractor, Contractor may proceed to perform such duties. and ma de~/uct all such costs from payments due to Subcontractor. ~.07. Erosion Control. When this subcontract agreement includes items for inlets, manholes, pipe sewers or culverts, Subcontractor agrees that he is responsible lbr the drainage system to be constructed on the project. To that end, Subcontractor agrees to protect all inlet structures that permit water and debris into the system by a method approved by Contractor. Subcontractor will be responsible tbr all material, debris, silt, dirt, mud and other objectionable materials that enter the storm drainage system. Subcontractor shall clean drainage system and remove all objectionable Subcontract Agreement (Public Works) Page 2 material to the satisfaction of Owner as directed. There will be no extra payment for this work. ARTICLE Ill TIME, SCHEDULES AND DELAYS 3.01. Time. Time is of the essence to this Agreement. Subcontractor s'h"~ll begin work as soon as instructed by the Contractor and shall prosecute the Subcontract ork prom tly. efficiently and in a manner ~ORK TO BE PER~(~RM~D [N THE NUMBER OF DAYS SHOWN ON THE PROJECT SCHEDULE. NOT TO EXCEED 100 CALENDO~'~ D,',YS _ 3.02. Proiect Schedule. Subcontractor shall perform all Subcontract Work pursuant to the Project Sc~e.dule provided by Contractor, unless Subcontractor notifies Contractor w,thln three (3) calendar days from recei t of Project Schedule that Subcontract Work cannot be performed within time provided in the Project Schedule. Contractor may, from time to time, reschedule the order of the Subcontract Work or otherwise revise Subcontractor's schedule. SUBCONTRACTOR AGREES TO COMPLY WITH SUCH SCHEDULE REVISIONS WITHOUT ANY INCREASE TO THE SUBCONTRACT PRICE FOR ACCELERATION OR DELAYS. 3.03. Performance Rel~orts. Subcontractor shall furnish periodic pro tess reports ot Subcon ract Work as may be required by Contractor; and shaft attend periodic conferences at the job site to discuss progress. 3.04. Damal~es for Delay. Subcontractor shall be liable for any damages for delay sustained by Contractor caused direct y or indirecd by Subcontractor; including, but not limited to. damages. liquidatedy or otherwise, for which Contractor is liable to Owner. Any such damages sha be deducted from payments due Subcontractor, and, if such damages exceed the amount of payments due, Subcontractor shall pay Contractor upon demand such excess damagtes due. I IABL1 3.05. Time EXtensions. CONTRACTOR SHALL NOT BE L E TO SUBCON'IRAC'I'OR FOR DELAYS. HINDRANCES, OR INTERRUPTIONS TO SUBCONTRACTOR'S WORK CAUSED BY THE ACT, NEGLECT OR DEFAULT OF THE OWNER OR OWNER'S REPRESENTATIVE, OR BY REASON OF FIRE OR OTHER CASUALTY, OR ON ACCOUNT OF RIOTS OR STRIKES, OR ON ACCOUNT OF ANY ACTS OF GOD, OR ANY OTHER CAUSES BEYOND THE CONTRACTOR'S CONTROL. OR ANY CIRCUMSTANCES CAUSED OR CONTRIBUTED TO BY ANY SUBCONTRACTOR OR ANY OTHER PARTY PERFORMING A PART OF THE WORK; but, Contractor will cooperate with Subcontractor to enforce any just claim against the Owner or Owner's representative for delay. Contractor shall be reimbursed by Subcontractor for any expense, including attorney's fees, incurred in connection with an claims asserted at the request of Subcontractor. Should Subcontractor be ~tYelayed in his Work b Contractor, then Subcontractor's sole and exclusive remedy against ~Yontractor shall be an extension of time for completion e ual to the delay caused, and then only if written claim for delay is made to ~ontractor within three (3) days from the time of the be innin of the delay, and SUBCONTRACTOR WAIVES AND RELEASES ~gONTRACTOR FROM ALL CLAIMS AND CAUSES OF ACTION AGAINST CONTRACTOR FOR DAMAGES ARISING OUT OF DELAYS, HINDRANCES, OR INTERRUPTIONS CAUSED BY CONTRACTOR. EXCEPT THE TIME EXTENSION AS SPECIFICALLY PROVIDED HEREIN. ARTICLE IV PRICE. PAYMENTS 4.01. Subcontract Price. Contractor a rees to a to et ,ousAN the sum of TWO HUNDRED EIGH'~{g T'vVO HUNDRED 'IWIJ DOLLARS AND NO CENTS ($ 282,t02.G~ pertormance ot the Subcontract Work hereunder, subject'io ad'ustments changes pursuant to Article V, Changes; such sum consisting o~ materials to be incorporated into the Proiect in the total amount of $ 162,102.00 and labor, services. equipment rehtals. fees, overhead, profit. and other costs of $ 120,000.00 . ' 4.02. l~lonthlV Progress Payments. (a) Subcontractor shall submit to the Contractor monthly a pigrations for payment on the date specified by the Contractor to enable ~Potntractor to include such amount in his application for payment to the Owner. Payments are made on the Contractor's valuations of work rformed by the Subcontractor, considering the schedule submitted by the ~eubcontractor of values of the various parts of the Work, ag regating the total sum of the Subcontract. In ap lying for payment, the ~urbeontractor shall submit a statement based upon ~is schedule. Application for yment made on account of materials not incorporated in the Work, but aP~lvered and suitably stored at the site, shall Include evidence of p.ayment from suppliers and shall be in accordance with the terms and conditions of the Contract Documents. Applications for payment submitted by the seventh (7th) day of each month shall be processed by the Contractor. No ap lications for payment will be rocessed and no payments will be made uPn~{~ss Subcontractor has submitteg a sworn statement certifying the name of all Subcontractor's unpaid materialmen and sub-subcontractors. Contingent upon Contractor's receipt of pa ment for that month by the Owner, payments tbr such a phcations s~all be due after the expiration of the statutory period in wa~lch a laborer, materialman or subcontractor of the Subcontractor must provide notice of a claim to statutorily perfect a valid lien or bond claim. Contractor may pre-pay any payment without waiving an of Contractor's rights under this Agreement. A plications for ayment shal~/ be accompanied by corn leted lien waivers and~r bills paid aFtdavit forms as may be required by ~Po~ntractor or Owner. (b) Retainage, per the Contract Documents, due hereunder shall be withheld until completion and acceptance of all Work to be performed under this Agreement. (c) In the event the Contractor believes any of the conditions listed below warrant such action. the Contractor ma withhold from monthly rogress payments due hereunder sums deemS[Y necessary to protect the ~ontractor and Owner from any losses on account of: (i) Defective Work not remedied; (ii) Failure of the Subcontractor to pay bills for labor and/or materials furnished in connection with the Subcontract Work; (iii) Inability of Subcontractor to complete the Subcontract Work for the unpaid Subcontract balance; fiv) Failure of the Subcontractor to diligently rosecute the Subcontract Work such that dama ,es for delay are likely; (v) ~amages to another subcontractor; or (vi) [~reaeh by the Subcontractor of any rovision or obligation of this Agreement; or (vii) Breach by the ~ubcontractor of any provision or obli ation of another subcontract agreement with Contractor which shall entit~ Contractor to offset payments due Subcontractor under this Agreement. (d) The Subcontractor agrees that any joint check ayments to the Subcontractor and any of Subcontractor's materialmen or sug!subcontractors shall constitute payment for the full amount of such joint check to the Subcontractor under this A reement. (e) In the event Corntractor receives notice of a lien claim or bond claim by Subcontractor's materialman, subcontractor or laborer, Contractor may. at Contractor's option, directly pay any such claimant. An such direct payment to a claimant and any ex nses in processing suc~' claim and payment shall be deducted from ~e Subcontract Price and from any payments due to Subcontractor. Subcontractor and Contractor further agree that Contractor incurs substantial additional costs and expenses in administration of claims when a notices are received, that such costs would be difficult to ascertain, that the sum of $250.00 for each notice should be deducted as liquidated damages from the Subcontract Price and from any payments due to Subcontractor. (0 If the Contractor fails to make pa ments to the Subcontractor as herein provided for any cause not the fault of ~e Subcontractor, after receipt of payment by the Owner for the Subcontractor's Work. then the Subcontractor may, upOn seven (7) days written notice to the Contractor, stop work without reJudice to any other remedy he may have. 4.03. Final P~avment. Contractor's obligation to make final payment to Subcontractor is speclhcally contingent upon the following conditions, which are conditions precedent to final payment: (a) Submittal b the Subcontractor of an affidavit that all payrolls, bills for materjar and equipment, and other indebtedness connected with the Subcontractor's Work, have been paid or otherwise satisfied; (b) submittal by the Subcontractor of lien waivers, or bond claim waivers on bonded projects, indicating that all of the Subcontractor's materialmen. laborers, and subcontractors have been fully paid and are waiving all statutory lien rights and releasing all bond claims; (c) consent of Suret to final pa ment, tf required; (d) approval by the Owner, Engineer, and ~ontractor o?the Subcontractor's Work; and (e) recei t by the Contractor of all payments related to the Subcontractor's WorE2 includin an retaina e withheld by the Owner from the Contractor. SUBCONTRALF~O~'S AC~EFFANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF ALL CLAIMS BY THE SUBCONTRACTOR RELATING TO THE SUBCONTRACTOR'S WORK OR TO THE CONTRACTOR'S WORK UNDER THE PRIME CONTRACT, BUT SHALL IN NO WAY RELIEVE THE SUBCONTRACTOR OF LIABILITY FOR THE OBLIGATIONS FOR REPLACING FAULTY OR DEFECTIVE WORK APPEARING AFTER FINAL PAYMENT. ARTICLE V CHANGES 5.01. Chan es. The Subcontractor may be ordered b~/ the ontractor, ~nvalidating this Agreement, to make changes ~n the ~ubcontract Work within the general scope of this Agreement consisting of additions, deletions or other revisions to the Subcontract Work. Subcontractor. prior to the commencement of such chanoed or revised work. shall promptl submit to the Contractor any claim f~r adjustment to the Subcontract ~Yrice or Project Schedule because of such changed or revised work. 5.02. Notice Required. SUBCONTRACTOR SHALL NOT BE ENTITLED 'l'O ANY EXTRA COMPENSATION OR ADDITIONAL PERFORMANCE TIME FOR ANY CHANGED. REVISED, OR EXTRA WORK UNLESS THE SUBCONTRACTOR HAS GIVEN THE CONTRACTOR WRITTEN NOTICE OF A CLAIM FOR EXTRA COMPENSATION WITHIN FIVE (5) DAYS FROM THE BEGINNING OF THE EVENT FOR WHICH CLAIM IS MADE; OTHERWISE, SUCH CLAIMS FOR EXTRA COMPENSATION SHALL BE WAIVED. Subcontractor shall not perform any changed, revised. or extra work unless rior to the performance of such work, either: (i) the Conu'actor and ~ubcontractor enter into a modification changing the Subcontract Price and/or Schedules; or (ii) the Contractor, after rece~vin the Subcontractor's claim, provides the Subcontractor notice to proce~ with the changed, revised, or extra work absent such modification. 5.03. Owner's Decision. Notwithstanding an thin contained herein to the contrar . IF THE WORK FOR WHICH TH~ S~3gBCONTRACTOR CLAIMS EXTRA COMPENSATION TO BE DUE. IS DETERMINED BY THE OWNER, OR THE ENGINEER AS THE OWNER'S REPRESENTATIVE. TO BE SUCH THAT THE CONTRACTOR IS NOT ENTITLED TO ADDITIONAL COMPENSATION FOR SUCH WORK FROM THE OWNER, THE SUBCONTRACTOR WAIVES ITS RIGHT TO EXTRA COMPENSATION FOR SUCH WORK AND RELEASES THE CONTRACTOR FOR ANY LIABILITY OF PAYMENT THEREFOR. The decision of the Owner, or the Engineer as the Owner's Subcontract Agreement (Public Works) Page 3 representative, shall be final with regard to whether extra compensation is due and with regard to the amount of such extra compensation. 5.04. Writing Required. All Change Orders, Modifications. Claims for. :Adjustments, and Notices contemplated in this Article V shall be in wrmng. ARTICLE VI INSURANCE AND INDEMNITY 6.01. Insurance. (a) PRIOR TO STARTING THE SUBCONTRACT WORK the Subcontractor shall procure and maintain in force statutory Workers' Corn nsation Insurance for all Subcontractor's employees and/or workmen at ~ee pro'ect site, Emplo ers Liability Insurance with $500,000.00 coverage. ~J;mmcrcial Gener~a~ Liability Insurance (including XCU coverage by sub~ontractors involved in utility work. excavation, mechanical, electrical and/or plumbin work) and Automobile Liability Insurance and such other insurance. to t~e extent required by the Contract Documents for the Subcontractor's Work. Unless otherwise provided in this A reement, the Subcontractor's Commercial General and Automobile Liabilityg~nsurance, as this provision shall be wri.en for not less tha. limi of .ability i) Commercial General Liability. ~1,000,000.00 Each occurrence $2,000,000.00 General Aggregate $1.000,000.00 Products/ Completed Operations Aggregate $1,000,000.00 Personal and Advertising Injury (ii) Com rehensive Automobile Liability $500,000.~ Combined Single Limit or $250,000.00 Bodily Injury - Each Person $500,000.00 Bodily Injury - Each Occurrence $250,000.00 Property Dam. a~aech Occurrence (b) The Commercial General Liability Polic shall contain a contractual liability endorsement, an endorsement listing ~e Contractor as an additional insured on a primary and non-contributory basis, and a rnducts/completed operations endorsement. Commercial General Liability F~urance may be arranged under a single policy for the full limits re uired or by a combination of underlying policies with the balance provided~y an Excess or Umbrella Liability licy. (c) The Workers' C~o~pensation Policy shall contain a waiver of subrogation endorsement in favor of Contractor and its em Io ees. Subcontractor shall execute a joint agreement to be filed with the ~o~r~ers' Compensation Commission stating the Subcontractor is an independent contractor. (d) Prior to starting the Subcontract Work the Subcontractor shall deliver to Contractor an original Accord Certificate of Insurance a~-~'~ to Contractor which evidences the coverages and the endorsements ,-.. ~ herein and which states that the coyera es afforded under the poli'..~. , · not be cancelled or terminated unless at ~c~ast 30 days written notice is to the Contractor. If Subc. ontractor subcontracts any portion o~g the Subcontract Work, Subcontractor shall deliver to Contractor for each of Subcontractor's subcontractors or employee leasing companies, an original Accord Certificate of Insurance which evidences the same coverages and endorsements re uired herein. Upon request from the Contractor, Subcontractor sha~l deliver a copy of all policies of insurance required herein. (e) Subcontractor waives any claim in its favor by way of subrogation, or otherwise. for any and all losses. in'ury, damages or expenses which are covered by Subcontractor's policies o~ insurance, except such rights as Subcontractor may have to the proceeds of such insurance. 6.02, Indemnification. HARMLESS THE CONTRACTOR, THE OWNER, THE ENGINEER AND ALL OF THEIR AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES ARISING OUT OF OR RELATING TO OR CONNECTED WITH THE PERFORMANCE, OR FAILURE IN PERFORMANCE, OF THE SUBCONTRACTOR'S WORK UNDER THIS AGREEMENT, EVEN IF AI~Y SUCII CLAIM, DAMAGE, LOSS OR EXPEN3E IS CAUSED IN WIIOLE OR IN PART DY A NEGLIGENT ACT OR OMISSION BY TIIE, CO~'rI'RACTOR, TIIE OWNER. TIIE ARCIIITECT/EHGINEER, OR THEIR EMPLOYEF.3, REPRESENTATIVES OR AGEN~$. YH EXPRESSED ItrFEHTIOH OF TIlE PARTIF. S IS TIIAT AT~ ~UBCONTRACTOR'S INDEMN'ITY IIEREffi' WILL I~'~DEMPtlFY PROTECT TIlE COIqTRACTOR, TIIE OWHER, AND TIIE ARCIIITECT/ENGINEER FROM TIlE CONSEQUENCES OF THEIR OWN NEGLIGENCE. This indemnity shall include, but not be limited to, all claims, damages and losses which are: (i) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom; and (ii) caused in whole or in part by work rformed by the Subcontractor or anyone directly or indirectly employed by ~ii~, regardless of whether it is caused in whole or in part by a party indemnified hereunder. (b) In any and all claims a ainst the Contractor or any of his aents or employees by an employee of tt~e Subcontractor, or anyone direct~g; or indirecd employed by him or an one for whose acts he may be liable, the indemni~cation obligation under ~is Paragraph 6.02 shall not be limited in any way by any limitation on the amount or t pe of damages, corn mation or benefits payable by. or for the Su~'ontractor under [~onrkers' Compensation acts. disability benefit acts or other employee benefit acts. (c) The obligations of the Subcontractor under this Paragraph 6.02 shall not extend to the liability of the Engineer. his agents or employees, arising out of: (a) the pre aration or approval of maps, drawin s, opimons, re rts, surveys. Change ~rders, designs or s i~eations; or ~) the giving o~o~ failure to give directions or instructions g~cy the En ineer, his agents or employees, providing such giving or failure to give is ~e primary cause of the injury or damage. ARTICLE VII BONDS AND WARRANTIES 7.01. Performance/Payment Bond. If required by the Contractor, a erformance Bond and a Payment Bond in a form satisfactory to the P V Contractor shall be furnished in the full amount of this Agreement, and the cost thereof shall be paid by Contractor as a change under Article . This obligation shall continue throughout the term of th~s Agreement and ma be required at any time durin the performance of Subcontractor's ~ork. These bonds will be furnished by an insurance company on the list of Acce table Sureties by the Department of the Treasury within the limits stat~F thereon. 7.02. Conformance with Contract Documents. The Subcontractor warrants to the Owner or Contractor that all Subcontract Work shall be free from any and all defects due to faulty workmanship and/or materials and shall comply with all requirements of the Contract Documents. The Subcontractor shall prom tly remove. replace, correct and/or repair any portion of the Subcontract P~ork that the Contractor or the Owner determines ~s defective or is not in compliance with the Contract Documents. The Subcontractor further agrees to execute any special guarantees as provided by the terms of the Contract Documents. as a condition precedent to payment by Contractor. 7.03. Payment of Laborers and Materialmen. The Subcontractor further warrants that all laborers. mater~almen and subcontractors providin labor, equipment. or materials for the Subcontract Work will be paid suce that neither the Owner, Contractor, or Owner's property will be subject to any claims, liens, or encumbrances. ARTICLE VIII TERMINATION 8.01. Partial Coml~letion by Contractor. Should the Subcontractor by the Contractor in its sole discretion, or fail in any res t to prosecute the Subcontract Work with promptness and diligence, or fai tlP~o promptly correct defective Work or fail m the performance of any of the agreements herein contained. the Contractor may, at his option without notice, provide such labor. materials and equipment and to deduct the cost thereof, together with all loss or damage occasioned thereby, from an money then due or thereafter to become due to the Subcontractor under ~is .~greement. 8.02. Termination. If the Subcontractor at any time shall refuse or neglect to sup ly sutt~cient roperl skilled workmen, or materials or equipment of ~e proper uaFi[~ ~ quantity, or fail in any respect to prosecute Subcontractor's ~ork with promptness and dill ence, or cause by any action or omission the stoppage or interference wi~ the work of the Contractor or other subcontractors. or fail in performance of any of the covenants herein contained. or be unable to meet his debts as they mature, the Contractor ma , at his option. at any time terminate the Subcontractor's employment by delivering wrinen notice of termination to the Subcontractor. Thereafter. the Contractor may take possession of the Project and Work. materials, tools, a pliances and equipment of the Subcontractor at the buildin site. and tRrough himself or others provide labor, equipment and materi~a~[s to prosecute Suhcontractor's Work on such terms and conditions as shall be deemed necessary. The Contractor shall deduct the cost thereof, including without restrictton thereto all charges, expenses, losses, costs, damages, and attorney's fees, incurred as a result of the Subcontractor's failure to perform, from any money then due or thereafter to become due to the Subcontractor under this Agreement. 8.03. Termination for Convenience. The Contractor may, at its option, at any time, terminate the whole or any pan of this Agreement for the convenience of the Contractor. Subcontractor a rees that upon an such termination. the Subcontractor's sole remedy shall ~ pa ment of ful{value for all work properly performed. plus reasonable pro~ thereon, less all payments Subcontractor has previously received on account of such work rformed. Subcontractor agrees to waive all claims for damages, including ~t or anticipated profits. arising from or related to any such termination by Contractor. 8.04. Payments After Termination. If the Contractor so terminates the employment of the Subcontractor. the Subcontractor shall not be entitled to any further ayments under this Agreement until Subcontractor's Work has been comp~gted and accepted by the Owner, and payment has been received by the Contractor from any money then due or thereafter to become due to the Subcontractor under this Agreement. If the cost to complete the Subcontract Work (includin all charges. expenses. losses. costs, demands and attorney's fees incurre~ as the result of the Subcontract termination) exceeds the un aid Subcontract amount, Subcontractor shall pay the Contractor the ~l~aance of such excess. ARTICLE IX CLAIMS 9.01. Arbitration. Except as provided herein, all claims, disputes and controversies~t of or reidtin to this Subcontract or claims for extra work or chaned conditions to or rePated to the Subcontract work. shall be decided by .~rbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. Discove~ matters shall be conducted in accordance with the Texas Rules of Civd Procedure. unless the parties agree otherwise. The Arbitrator shall be selected by the Contractor from a list of arbitrators provided by the American Arbitration Association. The arbitration hearin shall be in Fort Worth, Texas. The award rendered by the arbitration sgall be final, and judgment may be entered upon the award in accordance with the Texas Arbitration Act. If the Contractor's agreement with the Owner does not provide for arbitration, this agreement to arbitrate shall not apply to: (a) a claim b either party for contribution or indemnity asserted in litigation grou ht b the Owner; or (b) a claim by I~e ~ubcontractor against the Contractor if the Contractor asserts said claim, in whole or in part, against the Owner in litigation in which the Subcontractor could be joined. I~ the arbitrability of this Agreement is contested by either arty, the issue shall be submitted to a court of corn tent jurisdiction. a~dPthe arbitration shall be stayed unfit the determination ~ the court. shall be the responsibility of the Subcontractor to prepare and present the Contractor's case, to the extent. the proceedings are related to the Subcontractor's Work under this A reement. 9.03. Subcontractor Bound $~ Award. Should the Contractor enter into arbitration or litigation with ~e Owner or others re arding matters relating to this A reement. the Subcontractor shall be bound~2~ the result of the arbitration or l~tigation to the same de ree as the Contractor. 9.04. Continued Performance. ~he Subcontractor shall carry on Subcontractor's Work and maintain his progress during any disa reements, contemplated changes, disputed claims, partial payment issues on ~is or any other project, arbitration or litigation proceedings. ARTICLE X ADDITIONAL OBLIGATIONS OF SUBCONTRACTOR 10.01.Additional Obligations of Subcontractor. In addition to the other enga ements ot the Subcontractor hereunder, Subcontractor hereby agrees that l~3ubeontractor s hall: (a) Not discriminate against any employee or applicant for emp~j ment because of race, creed, color, age, sex, national origin, or disahi i Not assign this Subcontract or any amounts due or to become due ereunder without the written consent of the Contractor; nor subcontract the whole of this Agreement without the written consent of the Contractor; nor further subcontract portions of this Agreement without written notification to the Contractor. (c) Promptly submit shop drawings and samples, as required, in order to carry on the Work efficiently without delay in the rogress of the project. Subcontractor shall resubmlt within three (3) woreing days~ ' shop drawings or submittals returned for correction. ~ (d) Comply with all Federal. State and local laws and ordU~ relating to construction of buildings or structures. give ade ate notices relating to the Work to the proper authorities. and secure ~ y for all necessary licenses or permits to cart on the Work as descri~ in the Contract Documents applicable to this 5~ reement. (e) Comply with Federal and ~tate laws relating to r.e. porting and ayment of federal and state ayroll taxes on wages, including but not Fimited to, Federal Income '~aax withholding provisions of the Internal Revenue Code. Federal Insurance Contribution Act (FICA) payments, and Federal Unemployment Tax Act (FUTA) ayments. applicable state unemployment tax payments. Comply with al{~ prevailing wage rates as required in the Contract Documents. (f) Comply with all Federal, State and local laws including, but not limitedI to, the statutes and regulations protoni ated pursuant to statute related to Texas Workers' Compensation Act; ~oansohdated Omnibus Bud et Reconciliation Act (COBRA); Immi ration Reform and Control Act of 19~g; Consumer Credit Protection Act; ~ttle 3. Title 7 of the 1964 Civil Rights Act; Age Discrimination Em Ioyment Act; Employees Retirement Income Security Act (ERISA); and g3ccupational Safety and Health Act of 1970 (OSHA). As an independent contractor, Subcontractor is exclusively res nsible for compliance with these regulations and laws and for the safety of ~°uubcontractor's employees. (g) Maintain a qualified person approved by Contractor on the job at al times. (h) Comply with Contractor's Drug Free Workplace Program. including Subcontractor's cooperation in testin of employees and Subcontractor's permanent removal of employees fa~ing tests or refusing to submit to tests. Contractor to review or project-related items. Subcontract Agreement (Public Works) Page 4 10.02.Additional Obligations of Contractor. In addition to the other engagements ot the Contractor hereunder, Contractor hereby agrees that Contractor shal I: (a) Be bound to the Subcontractor b all the obligations that the - wnerassumes to the Contractor under the ~ontract Documents and b all e rovisions thereof affording remedies and redress to the Contractor ~rom the ~wner insofar as applicable to this Subcontract. (b) Not issue or give an instructions, orders or directions directly to emplo ees or workmen of t~e Subcontractor other than the persons designate~l as the Authorized Representative(s) of the Subcontractor. ARTICLE XI MISCELLANEOUS 11.01. Notices. All notices required to be given under this Agreement shall be dee~ivered when deposited in the United States mail, first class postage prepaid, addressed to the recipient at: Contractor: ED BELL CONSTRUCTION COMPANY P. O. BOX 540787 DALLAS, TEXAS 75354-0787 (214) 358-6581 VOICE (214) 352-3201 FAX Subcontractor: COPPELL CONSTRUCTION COMPANY, INC. 997 EAST MAIN STREET LEWISVILLE, TEXAS 75057 (972) 420-1260 (972) 420-0495 FAX l l.02. Entire Agreement. This Agreement contains the entire agreement ot the partxes. Subcontractor agrees and acknowledges that no representations or warranties of any kind have been made by. Contractor or its employees other than those expressed herein. All prior agreements respect, ng the subject matter hereof have been incorporated in the terms herein and are no longer of any force or effect. All modifications to this Agreement shall be in writing signed by the parties. 11.03. Conflicts in Terms. !n the event there is a conflict between the Contract Documents and any provisions of this Agreement, the terms of this Agreement shall govern. 11.04.Attorne's Fees. In the event that the Contractor is required to retain the setvines ~][ an attorney to enforce this Agreement, or to defend against any cause of action, claim, or counterclaim brou ht by the Subcontractor on which the Subcontractor does not prevaiP, then the Contractor shall be entitled to recover the attorney's fees and costs incurred, in addition to other remedies to which the Contractor is entitled under Texas law. In the event that the Subcontractor is required to retain the services of an attorney to enforce this Agreement and the Subcontractor prevails in asserting a valid claim under th~s Agreement, then the Subcontractor shall be entitled to recover attorney's fees and costs incurred, in addition to other remedies to which the Subcontractor is entitled under Texas law. EXECUTED in DALLAS County, Texas as of the date first written above. COMPANY SUBCO ,CTOR: COPPELL CONSTRUCTION COMPANY, INC. G:\forms\CONST\DID-COL.wpd (Revised 7-15-97) Subcontract Agreement (Public Works) Page 5 ID O Task Name Duration 1 r~ Set Barricades 2 days 2 Relocate Fence 5 days 3 Remove Trees 5 days 4 Install Water Lin~ 40 days 5 Phase I (SL to Westminster) 125 days 11 Removals 6 days 8 Storm Sewer Line A 3 days 9 StOrm Sewer Line B1 10 days 7 Riprap t 5 days 12 ExcavatioNEmbankment 15 days 10 Storm Sewer Line 82 8 days 13 Lime Stabilization 12 days 14 Concrete Paving 10 days 15 HMAC Transition 4 days 17 Driveways 7 days 19 2nd Stage Inlets 5 days 16 Pavers 6 days 18 Sidewalk/Bike Trail 15 days 20 Cleanup 10 days 21 Grass 4 days 22 Pavement Markings 4 days 23 Traffic Switch 2 days 24 Phase 2 (SH121 to Corner) 80 days 25 Storm Sewer Line C1 5 days 26 Storm Sewer Line C2 5 days 27 Removals 3 days 28 Excavalion/Embankment 6 days 29 Lime Stabilization 6 days 30 Concrete Paving 6 days Task Project: COPPELt. ROAD I,tECOI',IST Critical Task Date: Mon 9~6~99 Progress COPPELL ROAD RECONSTRUCTION ~412t 12"1 S It21~91261 2 [9 l~61231301 6 1~31201271 5 112119126I 2 I9 1~61231301 7 11412~'12al 4 I' It8125l 2 I 9 116123 ~ Milestone IHililll!llllll!llHlliqs.m.,.,~ ,~ Rolled Up Task -I Ro.ed Up c,it Tas I',,\\\\\\\N Rolled Up Milestone O Rolled Up Progress Split External Tasks Project Summa~/ J Page I I ID O Task Name Duration 31 HMAC Transition 4 days 33 Driveways 2 days 35 2r~d Stage Inlets 3 days 32 ..... PaVerS ..................... ~ ;~aYS 34 Sidewalk/Bike Trail 36 Cleanup 37 Grass 38 Pavement Markings 39 Traffic Swilch 40 ,Phase 3 (Westminster to Corner) 41 Removals 42 ExcavatioNEmbankment 43 Lime Stabilization 44 Concrete Paving 46 Driveways 48 2rid Stage Inlets 45 Pavers 47 Sidewalk/Bike Trail 51 Signs 52 Bollards 53 Plant Trees 54 Cleanup/Sell 49 Grass 50 Pavement Markings 3 days 7 days 3 days 3 days 1 day 17 days 2 days 2 days 4 days 3 days I day 3 days 2 days 3 days 3days 2 days 5 days 10 days 3 days 3 days COPPELL ROAD RECONSTRUCTION r I December I January l February I March I April ~41211281S l~2119126I 2 I9 1~612315016 113120i271 5 1~21~9}26I 219 1~6 I May J~e I J~ 1301 7 11412~ 12~ 4 H ~81251219 l~6123 L Project: COPPELL ROAD RECONST Date: Mon 916199 Task Critical Task Progress Milestone Summary Rolled Up Task .o~led Up Crit.~ Task N'~\\\\\\N Rolled Up Milestone ~ Rolled Up Progress Split External Tasks Project Summary MINUTES OF MEETING OF DIRECTORS OF COPPELL CONSTRUCTION CO,, INC. A meeting of the Board of Directors of Coppell Construction Co., Inc. was held at 997 E. Main. Lewisville, Denton County, Texas on October 3, 1997. Them ware present: Johnny O. Weger, Owayne L. Weger, Thomas O. Weger, John B. Weger, and Nita M. Weger being all of the directors and a quorum. The following resolution was adopted unanimously: RESOLVED, that any one of the following officers is authorized to act for and on behalf of the corporation, to sign bid proposals and execute contracts. JOHNNY O. WEGER, President l~ ~ DWAYNE L. WEGER, Vice PresidentJ' _ Z THOMAS O. WEGER, Vice-Preside~ JOHN B. WEGER, Vice-President . · There being no further business, the meeting adjoumed. Secretary/Treasurer APPROVED: President FAX (214) 352-3201 /~ ~ TELEPHONE (214) 358-6581 ED BELL CONSTRUCTION COMPANY POST OFFICE BOX 540787 10605 HARRY HINES DALLAS, TEXAS 75354-0787 DALLAS. TEXAS 75220 December 6, 1999 Mr. Kevin C. Young, E.I.T. Freese and Nichols, Inc. 1341 W. Mockingbird Lane, Suite 230E Dallas. Texas 75247 Re: Coppell Road Reconstruction SH 121 to Sandy Lake Road Coppell Project #: ST 98-01 Dear Mr. Young: In accordance with our discussions at the November 18, 1999 progress meeting and subsequent meetings in the field, we submit the following construction phasingtraffic control plan for your review and approvah Phase 1: Detour traffic offof the section of Coppell Road from SH 121 to the Mansions main entrance (STA 37+63) and close that section of the roadway. Upon closure of that section of the roadway, EBCC would excavate, lime stabilize, and pave that portion of the job and reopen the road to traffic. The roadway would be closed for approximately six weeks. The water line in that area must be laid and pass all tests prior to closure of the roadway. Phase 2: The City has requested that we consider constructing of the multi-barrel box culvert crossing in two stages rather than one stage while maintaining two way traffic on Coppell Road. As a result, this phase will be comprised of two stages. Stage 1 will include construction of a 20 feet detour at the existing elevation of the ground on the west side of the existing roadway and shoring the edge of the roadway to allow for construction of the downstream portion of the box structure. Elimination of the need for shoring will require that the detour only handle one way traffic (10 feet wide). Stage 2 will include construction of a detour over the newly constructed box and shoring that edge to allow for construction of the remainder of the box structure. This phase will take three to four months to complete and can occur simultaneously with phase 1. The additional cost for construction of the box in this manner is $239,740.00. I have enclosed a breakdown of this cost for your review. Phase 3: This phase will include cdnstruction of the western half of Coppell Road from Sandy Lake Road to STA 37+63. This portion of the project will be constructed while maintaining one way traffic (north bound) from Sandy Lake Road to STA 394-00 and two way traffic from STA 39+00 to the end of the project. This work will take approximately two months to complete. AN EQUAL OPPORTUNITY EMPLOYER L=l-t%t-T Page 2 - - Coppell Road Reconstruction Re: Construction phasing/traffic control Phase 4: This phase will include construction of the eastem halfofCoppell Road from Sandy Lake Road to STA 37+63. This portion of the project will be constructed while maintaining one way traffic (north bound) from Sandy Lake Road to STA 39+00 and two way traffic from STA 39+00 to the end of the project. This work will take approximately two months to complete. Please inform our office of your decision regarding this construction phasing/traffic plan. If you have any questions regarding this information, don't hesitate to contact our office. Sincerely, EEl Bell Cons'truction Company Robert D. Weber Project Engineer XC: Mr. Kent Collins, P.E., Engineering and Public Works, City of Coppell 255 Parkway Blvd., Coppell, Texas 75019-4409 EXTRA COST BREAKDOWN-FOR '- TWO STAGE CONSTRUCTION OF THE BOX CULVERT Sta~e 1 Dirt work for two lane detour (at existing grade) HMAC for detour surface (250 TNS)(10008Y) Remove detour Striping for detours Shoring at box end and between box and road (2180 SF) Drainage through shoring Extra handling of dirt (2600 CY) Sta.~e 2 Dirt work for detour Provide and set CTB w/end protection (300 LF) Remove CTB w/end protection HMAC for detour surface (220 TNS)(890 SY) Remove detour Additional traffic control Striping for detours Labor/Equipment increase for decreased production Total $7,280.00 $18,930.00 $5,000.00 $1,500.00 $54,300.00 $2,180.00 S 15,800.00 $10,500.00 $10 800.00 $3 500.00 S 17 250.00 $4 000.00 $12 000.00 $1.500.00 575 200.00 $239,740.00 FAX (214) 352-3201 TELEPHONE (214) 358-6581 ED BELL CONSTRUCTION COMPANY POST OFFICE BOX 540787 10605 HARRY HINES DALLAS. TEXAS 75354-0787 DALLAS. TEXAS 75220 January 13, 2000 Mr. Kevin C. Young, E.I.T. Freese and Nichols, Inc. 1701 N. Market, Suite 500, LB 51 Dallas, Texas 75201 Re: Coppell Road Reconstruction SH 121 to Sandy Lake Road Dear Mr. Young: In accordance with your request for a revised cost break down regarding the additional cost required to construct the multiple box culvert in two stages, the following information is provided for your review: Stage 1 Dirtwork for one lane detour Culvert for detour HMAC for detour surface (161 THIS) Remove detour Striping for detours Extra handling of dirt (2600 CY) $10,000.00 $1,000.00 $12,700.00 $5,000.00 $1,000.00 $25,000.09 Stage 2 Dirtwork for detour Provide and set CTB w/end protection (300 LF) Remove CTB w/end protection HMAC for detour surface (108 TNS) Remove detour Striping for detours Labor/Equipment increase for decreased production $6,000.00 $10,800.00 $3,500.00 $8,400.00 $3,000.00 $1,000.00 $52,000.00 Total $139,400.00 If you have any questions regarding this information, don't hesitate to contact our 6ffice. Eoben Wei, Project Engineer xc: Mr. Kent Collins, P.E., Engineering and Public Works, City of Coppeil 255 Parkway Blvd., Coppell, Texas 75019-4409 AN EQUAL OPPORTUNITY EMPLOYER ec.t$ rr