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ST0004(2006)-CS060504T H E C I T Y O F COPPE F x A S $ a May 4, 2006 Sam Garrett Advanced Paving Inc. 2257 Joe Field Rd Dallas TX 75229 RE ST 00 -04 (2006) Freeport Parkway Reconstruction Project Dear Mr Garrett This letter is to reiterate the conversation we had on May 3, 2006 concerning the General Provisions for work done under contract on the referenced project. Advanced Paving, Inc is required to adhere to these provisions as part of the contract we have agreed to Attached is a copy of the provisions as published in the NCTCOG Standard Specifications for Public Works Construction, Third Edition, as incorporated in our standard contract. In addition to maintenance of the barricades and traffic control devices, these provisions address protection of persons and property " in connection with the general public's immediate approach to and travel through the work site and the area adjacent to said work site " The City of Coppell has received several claims for damage and complaints about safe passage through this work zone Please continue to diligently maintain your traffic control devices and take the necessary precautions to protect the safety and welfare of the public as they travel through this work zone Fccl free to contact me if you wish to discuss this mattcr further Sincerely, Keith R. Marvin, P E Assistant City Engineer Office 972 - 304 -7044 Fax 972 - 304 -3570 cc Rick O'Dell, Construction Inspector 255 PARKWAY * PO BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 GENERAL PROVISIONS Item 1.23 The CONTRACTOR shall secure and pay for all permits and licenses necessary for the execution of the work and shall fully comply with all their terms and conditions All work required under this contract shall comply with all requirements of law, regulation, permit or license If the CONTRACTOR finds that there is a variance, he shall immediately report this to the OWNER for resolution ITEM 1.24. PROTECTION OF WORK AND OF PERSONS AND PROPERTY 1.241 PROTECTION OF WORK During performance and up to date of final acceptance, the CONTRACTOR shall be under the absolute obligation to protect the finished work against any damage, loss or injury In the event of such damage, loss or injury, the CONTRACTOR shall promptly replace or repair such work, whichever the OWNER shall determine to be preferable The obligation to deliver finished work in strict accordance with the contract prior to final acceptance shall be abso- lute and shall not be affected by the OWNER'S approval of or failure to prohibit means and methods of construction used by the CONTRACTOR All risk of loss or damage to the work shall be borne solely by the CONTRACTOR until fi- nal completion and acceptance of all work by the OWNER, as evidenced by the OWNER'S issuance of a certificate of acceptance 1.24.2. PROTECTION OF PERSONS AND PROPERTY The CONTRACTOR shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect persons and property while said persons or property are approach- ing, leaving or within the work site or any area adjacent to said work site No separate compensation shall be paid to the CONTRACTOR for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law or otherwise for the protection of persons or property The CONTRACTOR shall assume all duties owed by the OWNER to the general public in connection with the gen- eral public's immediate approach to and travel through the work site and the area adjacent to said work site. Where the work is carried on in or adjacent to any street, alley, sidewalk, public right -of -way or public place, the CONTRACTOR shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as may be prudent or necessary, or as are required by law The CONTRACTOR'S responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs and lights and other precautionary measures shall not cease until the project shall have been completed and accepted by the OWNER, and shall cease when the cer- tificate of acceptance is issued by the OWNER as mentioned in Item 1.51 If the OWNER discovers that the CONTRACTOR has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the OWNER may order the CONTRACTOR to take such additional precaution- ary measures as required by law to be taken to protect persons and property In addition, the CONTRACTOR shall be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the OWNER may order the damaged portion immedi- ately removed and replaced by and at the cost and expense of the CONTRACTOR Minimum standards for safeguarding pedestrian and vehicular traffic are contained in the "Manual of Uniform Traffic Control Devices," Federal Highway Administration of the U.S Department of Transportation, and the "Texas Manual of Uniform Traffic Control Devices," Texas Department of Transportation 1.24.3. TRENCH SAFETY The CONTRACTOR shall be responsible for complying with state laws and federal regulations relating to trench safety, including those which may be enacted during the performance under this contract. The CONTRACTOR shall be respon- sible for selecting an appropriate method of providing trench safety after due consideration of the job conditions, lo- cation of utilities, pavement conditions and other relevant factors Slope -back methods which may result in unnecessary displacement of utilities and /or destruction of pavement may not be used without permission from the OWNER The CONTRACTOR shall be responsible for providing to the OWNER an acceptable trench safety plan signed and sealed by a Professional Engineer qualified to do such work and registered in Texas Devices used to provide JANUARY 1998 21