ST0301A-CL110413 SWORN STATEMENT OF ACCOUNT
BOND CLAIM & CLAIM FOR RETAINAGE
STATE OF TEXAS APRIL 13, 2011.
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, personally appeared Barbara J. Glock, a representative of North
Texas Bridge Co., Inc., who, upon oath stated:
"I am an owner, officer, and authorized agent of and for North Texas Bridge Co., Inc.
"Pursuant to a Subcontract Agreement with JRJ Paving, LP, the Prime Contractor who contracted with
the City of Coppell, Texas, Owner of the project known to me as "JRJ Paving Project #10112 (Bethel
Road, Phase II) ", North Texas Bridge Co., Inc., furnished labor and material to construct a bridge
structure and related improvements as required for improvement of the Owner's property.
"The total unpaid balance for the labor and material furnished by North Texas Bridge Co., Inc., for the
period ended February 28, 2011, including retainage, is identified as follows, in accordance with
Subchapter C, Sec. 2253.041, of the Government Code:
Total amount of completed contract $763,982.00
Agreed back charges withheld from NTBC (220.00)
Total accumulated payments received, to date 725,395.32
Outstanding amount due to NTBC S 38,366.68
"The amount claimed herein for such labor, material, and retainage is just and correct and all just and
lawful offsets, payments and credits known to North Texas Bridge Co., Inc., have been allowed. The
total amount due and unpaid on the Subcontract Agreement through February 28, 2011, is $38,366.68.
True and correct copies of Principal's Payment Bond No.1030616, Subcontract Agreement, and North
Texas Bridge Application for Payment (Completion of Job Final Retainage), dated March 31, 2011, are
attached hereto and made a part hereof."
) 4i L Barbara J.ock, Exec. V. P. CFO
North Texas Bridge Co., Inc.
SUBSCRIBED AND SWORN TO BEFORE ME, this the 1 day of Apo 1 __ , 2011, to
certify and witness under my hand and seal of office.
I
AA Al „2 if 1 . it _
* a� o Joonne Canadahil N e� PUB C, i n and for
y �" '`� Notary Public, Th- State of Texas
`� State of Tixu
°f,, coComm. Exp. 03 -0i 1
NORTH TEXAS BRIDGE CO., INC.
Mail to: P. O. Box 865149, Plano, TX 75086 -5149
17, Oak
Ship to: 9425 CR 423, Anna, TX 75409
Admin/Estimating: 1- 972 - 924 -3557 FAX: 1- 972 - 924 -4713
An equal opportunity employer Member AGC of Texas
April 13, 2011
Mailed Certified, Return Receipt Requested
Don Cornell / Christine Davis, Surety Agents Ken Griffin, Director, P. E.
AON Risk Services Southwest Director, Engr. /Public Works
(Colonial American Casualty & Surety Co.) City of Coppell
2711 N. Haskell Ave., Lock Box #8, Ste 800 P. O. Box 9478
Dallas, TX 75204 Coppell, TX 75019
7010 3090 0003 3975 9280 7010 3090 0003 3975 9297
Clay Phillips, City Manager Marty Murphy, Manager
City of Coppell JRJ Paving, LP
255 Parkway Boulevard 1805 Royal Lane, #107
Coppell, TX 75019 Dallas, TX 75229
7010 3090 0003 3975 9303 7010 3090 0003 3975 9310
Re: JRJ Paving, LP; Payment Bond No. 08999827
JRJ Job #10112; Bethel Road, Phase II, City of Coppell
BOND CLAIM FOR PAYMENT FOR LABOR AND MATERIAL
AND NOTICE OF CLAIM FOR RETAINAGE
Dear Mr. Cornell & Ms. Davis:
I understand you are the corporate surety agents for JRJ Paving, LP, the Prime Contractor and Principal of
public work Payment Bond No. 08999827 (copy attached), issued pursuant to the Government Code
Chapter 2253.021 and relating to the construction Contract referenced above, the Owner of which is the
City of Coppell, Texas. If I am incorrect in this understanding, please advise immediately.
The purpose of this letter is to send statutory notice on behalf of North Texas Bridge Co., Inc., pursuant to
Government Code 2253, of non - payment of monies owed by the Principal for labor and material
furnished by North Texas Bridge through and including February 28, 2011. North Texas Bridge has
provided labor and material to construct portions of the Contract under terms and conditions of a
Subcontract Agreement executed by the Principal on June 14, 2010 (copy attached).
The total current and final amount, including retainage, of the unpaid balance due North Texas Bridge
Co., Inc., is as follows:
Application for Payment Work Period Covered Final Balance Due on Contract
JRJ #10112.8 & 10112.9 Through February 28, 2011 $ 167.58 *
JRJ #10112.1 — 10112.9 Retainage accumulated from inception 38,199.10
$38,366.68
* Please refer to details in the Sworn Statement of Account.
JRJ Paving, LP Page 2 of 2
JRL Project #10112
1st BOND CLAIM FOR PAYMENT FOR LABOR AND MATERIAL
Attached are a Sworn Statement of Account and reference documents, which are made a part of this claim
for all intents and purposes. The Sworn Statement of Account sets forth an itemization of all monies
owed by the Principal to North Texas Bridge Co., Inc., including the unpaid balance of retainage held on
the total value of work completed, up to and including the Final Application for Payment date of February
28, 2011.
North Texas Bridge Co., Inc., hereby makes demand upon you for payment of $38,366.68, the full and
final amount due.
Res ctfully,
Barbara J. Glock
Executive Vice President/CFO
Administration & Finance
Attachments (9)
cc: Stephen P. Goodman, President /CEO, NTBC
Barbara Hale, Esq.
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NORTH TEXAS BRIDGE CO., INC. - _ ;.' .___.
t Mail to: P. 0. Box 865149, Plano, TX 75086 -5149
Admn /Engr: 972 -924 -3557 FAX: 972 - 924 -4713
,; ,. ,, An equal opportunity employer Member AGC of Texas
\ \.
.� JRJ Paving LP
� _. 1805 Royal Lane
Dallas, Texas 75229
V . ` Attn: Marty Murphy June 12, 2010
Business Manager 1 Copy 214 - 466 -8354
2 Originals Fed Ex
.+,,? Re: Bethel Road
Coppell, Texas
Master Subcontract and Project Agreement
Marty,
I have attached the above documents with many changes and deletions. My main concern is the
idea of JRJ Paving not being required to provide proper notice and wanting the right to terminate
without cause.
We intend to perform our contract items in accordance with the drawings, specifications, and
approved change orders. Please review and acknowledge by Monday, June 14, 2010, so we can
proceed on Tuesday, June 15, 2010.
If we can start on Tuesday and work extended hours up to 10:00 PM, the bridge will be removed
and loaded out by Saturday, June 19, 2010, thus allowing utility work to begin.
Yours truly,
Step "en P Goodman
President
J R J
. !. ,...ka .ws t i t . v,. .,.
214-466-8340 PAVING, LP
P.O. Box 59934
FAX (Sales) 214-416-8352 1805 Royal Lane, Suite 101
FAX (Admin) 214 - 416 -8354 Dallas, TX 75229
ATTACHMENT TO PO # 12660 North Texas Bridge Company, Inc.
BETHEL ROAD H
ITEM DESCRIPTION QUANTITY PER UNIT PRICE EXTENDED PRICE
101 MOBILIZATION, MAX 5% OF CONTRACT 1 LS 30000.00 $ 30,000.00
194 REM OLD STRUCT, LARGE BRIDGE 1 LS 40000.00 $ 40,000.00
195 DRILL SHAFT, 18" 111 LF 120.00 $ 13,320.00
196 DRILL SHAFT, 30" 236 LF 200.00 $ 47 20000
197 CL C CONC, ABUT & WINGWALL 58 CY 700.00 $ 40600
198 CL C CONC, BENT 46 CY 700.00 $ 32,200.00
199 CL S CONC, APPR SLAB 222 CY 250.00 $ 55,500.00
200 RIPRAP, CONC, CL B, 5" 337 CY 210.00 $ 70,770.00
201 REINF CONC SLAB, BRIDGE 7367 SF 12.00 $ 88,404.00
202 PRESTRESS CONC BEAM, TY C 760 LF 120.00 $ 91,200.00
203 ARMOR JOINT, W /SEAL 87 LF 110.00 $ 9,570.00
204 CEMENT TREAT BASE BACKFILL 520 CY 70.00 $ 36,400.00
205 DECORATIVE RAILING @ BRIDGE 256 LF 90.00 $ 23,040.00
206 CIP EARTH RETAIN WALL PER ADDENDUM 1990 SF 40.00 $ 79,600.00
207 RAIL TY 411 615 LF 100.00 $ 61,500.00
208 STREET LIGHTING (6 CONC POSTS AB'S FURN) 1 LS 6000.00 $ 6,000.00
209 BRIDGE BANNER POLES (4 CONC POSTS AB'S FURN) 1 LS 4000.00 $ 4,000.00
210 BRIDGE SIDEWALK 215 SY 40.00 $ 8,600.00
TTL $ 737,904.00
TERMS AND CONDITIONS: NO POWER LINE RELOCATION OR SHUTDOWN INCLUDED
ALL LAYOUT FROM CONTROLS BY OTHERS (CL BRIDGE, ABUTS, BENTS, RETAINING WALL, & BARRIER RAIL)
CHANNEL EXCAVATION BY OTHERS. SITE FILL PROVIDED BY OTHERS AND PLACED BY NTBC, TO TOP OF ABUTMENT OR WALL
INSURANCE FOR OUR ITEMS OF WORK ONLY
ALL PAYMENTS WITHIN TEN (10) DAYS OF GENERAL CONTRACTOR - RETAINAGE SAME AS PRIME CONTRACTOR
PERFORMANCE BOND ADD 1.5%
IF A BONUS IS AWARDED FOR TWO LANE OPENING OF BRIDGE, THEN NTBC WILL RECEIVE 60% OF BONUS MONEY AND
IF LIQUIDATED DAMAGES ARE ASSESSED NTBC WILL BE RESPONSIBLE OF 60% OF DAMAGES.
ASPHALT /CONCRETE PAVING • EXCAVATION • MILLING
PROJECT AGREEMENT
1. PARTIES
1.1 Contractor or JRJ: JRJ Paving. LP / L6
1.2 Subcontractor:
Company Name: NORTH TEXAS BRIDGE CO., INC
7
/^ 7 A i g c9_
Telephone: �� 9‘ft63' 972- ?WV- 3 $5
Fax: 972 - ?WV- V7/3
2. PROJECT
2.1 Project Name: Bethel Road II
Project Location:
2.2 JRJ Project Number: 10112
JRJ Project Manager: Butch Cross
2.3 Owner: City of Coppell
2.4 Owner's Address:
2.5 The Project Agreement expressly includes that Master Subcontract Agreement entered into between
JRJ and Subcontractor on 6/9/2010 the Subcontract. Subcontractor warrants that it has previously received its
signed copy of the Subcontract and that the individual who signed the Subcontract on behalf of Subcontractor had
the capacity and authority to sign that Subcontract. This Project Agreement is signed with the present intention to
accept all terms contained within the Subcontract. - • _ - _ • • • • _ . -, . • . . _
2.6 All defined terms contained within the Subcontract have the same meaning and application in this Project
Agreement.
3. AGREEMENT TO PERFORM WORK.
3.1 Scope of Work. Subcontractor agrees to complete the scope of work described as follows in strict compliance
with the applicable terms of the Contract Documents as described in the Subcontract and attached as
Exhibit 1:
3.1.1 See Attached Application Form or Purchase Order Number 12660 //, ,/- �;
3. /. a. Cbt -ZAc - I'm �e p,uv:AAE All EASEMENTS 1 Red 4141 ,61E � �Z. eDAIS/RaK'liO4.
3 2 Effective Date. This Project Agreement is not effective unless and until Subcontractor properly executes
and delivers it and, if required in the Contract Documents, Owner approves it.
YjLk
PROJECT AGREEMENT
4. PA\ MENT OF SUBCONTRACT SUM.
4.1 Subcontract Price. See attached Quote /Purchase Order for quantities and prices
4.2 Payment terms are governed by the Subcontract.
5. TIME FOR COMPLETION.
5.1 Project Construction Schedule is attached as Exhibit 2. — E,h'd /vD," 0, tied ,g,,
6. INDEMNIFICATION.
6.1 SUBCONTRACTOR AGREES TO INDEMNIFY THE CONTRACTOR PARTIES IN THE MANNER
AND PROVIDED IN THE SUBCONTRACT
6.2 Survival. All indemnities will survive the termination of this Project Agreement for reason and the
completion of all work within the scope of this subcontract.
7. MISCELLANEOUS PROVISIONS
7.1 .. - _ - - _..
,, ?-.k
7.2 References in this Project Agreement to the Subcontract are merely to aid and remind the parties of terms in
the Subcontract and shall in no way be interpreted as an exclusive reference incorporating some, but not
all of the terms in the Subcontract. Instead, the Subcontract is wholly incorporated into this Project
Agreement as if fully typed out and set forth at length.
ACCEPTED BY: CONTRACTOR ACCEPTED BY: SUBCONTRACTOR
JRJ Paving, LP /g Nq LL e, e NORTH TEXAS BRIDGE CO., INC
1805 Royal Lane #107 i'ia'• -r - -, • , P.O. BOX 865149
Dallas, Texas 75229 .,r jj7 y PLANO, TX 75086
Phone: (214) 466 -8340 'e Phone: 4 9,,,7.9a y 35 91V I
Fax: (214)466-8Y2 Fax: 77a- d
q v.. +t 7/3
BY: BY: 4 / I
DATE: DATE. 6 , 7 --- 74... --/0
Butch Cross J/E,p` t,/ R 600d PAesidE,l`
(TYPED OR PRINTED NAME) (TITLE) (TYPED OR PRINTED NAME) (TITLE)
(Please sign and initial all pages)
_l
PROJECT AGREEMENT
EXHIBIT 1
PROJECT NAME: Bethel Road II JRJ JOB NO. 10112
SCHEDULE OF DRAWINGS
If you have not received drawings contact
EXHIBIT 2 — dof'D/201ildEd 97` g/c.�lJMy
PROJECT NAME: Bethel Road II r JRJ JOB NO. 10112
PROJECT CONSTRUCTION SCHEDULE
To be announced
MASTER SUBCONTRACT AGREEMENT
1. PARTIES
1.1 Contractor or JRJ: JRJ Paving, LP �_ i ,_ Ot L ,
1.2 Subcontractor:
Company Name: NORTH TEXAS BRIDGE COMPANY, INC.
Address: P.O. BOX 865149 PLANO, TEXAS 75086
Telephone: 214 -8&9 -9803 972- 9:24/-267.6"7
Fax: 97'- 92/ -
-: .._..._.
Contact Name: STEPHEN P. GOODMAN Ca iy) d G 9 - 986 3$5ifh
2. MASTER SUBCONTRACT TERMS
2.1 This Master Subcontract Agreement is not an agreement to agree in the future nor is it a
guarantee of future contracts but throughout this document will be referred to as the
Subcontract or Agreement. This Subcontract simply states the general terms of
agreement that will govern future contracts entered into by the parties if referenced in
those contracts. These future contract e referred to in this Agreement as Project
Agreements. The Project is any p ject referred to in a Project Agreement.
coWin4kloii RNa -
2.2 ( Subcontractor warran that the individual signing this Agree
mant
has the authority and
capacity to make such agreements and waive/ any right to aim differently.
2.3 Contract includes all agreements between caner and Contractor with respect to the
Project (including, without limitation, all conditions, schedules, drawings, specifications,
addenda, change orders, and any other modifications whether issued before or after the
date of this Subcontract).
3. AGREEMENT TO PERFORM WORK.
3.1 Scope of Work. Subcontractor agrees to provide, furnish, and install all materials and
labor required to complete the scope of work described in each Project Agreement in
strict compliance with the applicable terms of the Contract Documents.
3.2 Contract Documents include this Subcontract, Project Agreements and the Contract as
and any modifications to those agreements.
3.3 Effective Date. This Subcontract is not effective unless and until Subcontractor properly
executes and delivers it.
r ----- M 7
Page 1 Accepted By: JRJ & SUBCONTRACTOR
4. PAYMENT OF SUBCONTRACT SUM.
4.1 Subcontract Price. So long as Subcontractor is not in breach of this Subcontract,
Contractor agrees to pay Subcontractor the Subcontract Price stated in the Project
Agreement in accordance with section 4.2 through 4.7 of this Subcontract for work
performed in compliance with the Contract Documents, subject to any additions and
deductions approved by Contractor
4.2 Payment. Contractor will pay Subcontractor within ten (10) working days after
Contractor receives corresponding payment from Owner for the quantity or percentage
of work completed by Subcontractor and approved by Contractor and by Owner, less
f �18" /retainage. _ _ - - ' - - - . - _• e__ - - - - -
mrnum - - .• _: - ..•
.. . _ . • _ . _ • _ •_ _ _ _ Subcontractor must request
payment in accordance with Contractor's Payment Requisition format and an approved
schedule of values. AIA Document G703 is an acceptable form for Schedule of Values.
Before Contractor makes final payment to Subcontractor, and as an absolute condition
precedent Subcontractor's right to receive final payment, (a) Contra for must have
received final payment from Owner, and (b) Subcontractor mus ave delivered to
Contractor a fully executed final waiver and release of lien i e form attached as
Exhibit 5. Ile 6Xhvbv 7,12.e uric/ed.
4.3 Lien Indemnity. SUBCONTRACTOR AGREES TO INDEMNIFY, DEFEND,
AND HOLD HARMLESS CONTRACTOR, ITS SURETY (IF ANY), AND
OWNER FROM ALL LIENS, CLAIMS, COSTS, AND DEMANDS
(INCLUDING, WITHOUT LIMITATION, ANY DAMAGES, BOND FEES,
ATTORNEYS' FEES, COURT COSTS, AND EXPENSES) ARISING FROM, OR
RELATED TO, ANY LABOR OR MATERIAL PROVIDED BY OR THROUGH
SUBCONTRACTOR TO THE PROJECT.
4.4. Remedies. If Subcontractor breaches any obligation in section 4.3 of this Subcontract,
..
• 1 • • . -. • -. •• • • •
- - - - - . ■ _ • . • • • . • . • • .•• 11 .• .• • . •• . • • •
Contractor will be entitled, but not obligated, to withhold any payment due or payable
under this Subcontract . - .. _ _ • _ _ . _ : _ _ _ • _ _ _ _ _ . • : - _
until _ - . - _ _ _ e _ • • - • • - - • - • - _ _ •• e has satisfied the
Cl aim _ • __ - - •_- - - •e •. - •. • - e •• • • •
_ - •• • _ - - • _ • • - • - • • _ • • • - • Subcontractor will not be entitled to
terminate performance under this Subcontract Or any Other agreement between
a result of Contractor's exercise of any right under thi
section 4.4.
Page 2 Accepted By: JRJ & SUBCONTRACTOR
MASTER SUBCONTRACT AGREEMENT
4.5 Lien Waivers. As a condition precedent to Contractor's obligation to make any
payment to Subcontractor, Subcontractor must submit notarized waivers on Contractor's
waiver form signed by an authorized officer of each party giving the waiver for the fu
amount of the-purchase.-}-44Q,e.(i. waivers reciting $10 consideration will not suff
�- Curzuvt pE2;ed s f ie49rl4SS A y/r►6N7
4.6. Notice of Lien Claims. If Contractor or Owner receive notice o any claim from a party
providing labor or material to Subcontractor, Contractor will be entitled to withhold
from amounts otherwise due Subcontractor sums sufficient to satisfy and defend such
claim, and Contractor will not be obligated to pay Subcontractor any such sums unless
and until Contractor receives a full and final release of the Claim in favor of Contractor
and Owner.
4.7 Lien Disputes. If Subcontractor desires to dispute the validity or amount of any such
Claim, Subcontractor must deliver written notice to Contractor within thirty (30) days of
the date Contractor receives notice of such claim. If Subcontractor timely delivers this
notice, Contractor will be entitled to withhold from any payments due or owing
dt
/0o Subcontractor up to).2&<of the disputed claim until such time as (a) Subcontractor
delver to Contractor a full and final release of the claim, or (b) Subcontractor provides
/1M0/1147 t Contractor a bond to indemnify against the claim. If Subcontractor does not timely
deliver the required notice, Contractor will be entitled, but not obligated, to tender
payment by check jointly payable to Subcontractor and claimant in exchange for a full
and final release of such Claim and to deduct the payment from any sums otherwise
owing to Subcontractor.
5. SCOPE OF WORK.
5.1 Each Project Agreement describes the scope of the Subcontractor's work on that Project,
and schedules the drawings detailing Subcontractor's work.
5.2 Direction of Work. Subcontractor is not authorized to take direction from any person
(including Owner) other than Contractor. Contractor must approve, in writing on a
Contractor - approved from, all field changes, changes in the scope of work, and any
related charges. Subcontractor waives all rights (if any) to receive additional
compensation for changes performed without the required written approval, and
Subcontractor acknowledges that it will bear the sole risk and cost of performing any
unapproved changes. Seypcon/�»pz/ i s nit/Al2 2Ed 7 d//21 9 vy /y /i 4
STS subC0A/14rA 4iL ANd 61 4, 1 0/425 /N 02dA7Z. -74) MEEf /.5 Ofj q47 /04✓5
Df 15SE PROjEct MEivf A.vd 7�IE Skiedier
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Luo/4 -612. srtl�Nf/I�TGf%L /S 11 ON 74pi r aNd iK�rlm %N/q �teDNfi1,1die .
"7' 7 47 , /tNd 0 'E/YimN7r , v a zIea. - /3 No t O abeayiia1G 75,// * NS k/ldiiz 'E r( AJ1NEm , 4v S Sidi :tjiyhulti
Page 3 Accepted By: JRJ & SUBCONTRACTOR
�- D
6. TIME FOR COMPLETION.
6.1 Project Construction Schedule is attached to each Project Agreement to the extent
such schedule is available. Subcontractor must perform all work in compliance with the
Project's Construction Schedule as it may be revised or become available from time to
time. Subcontractor, at no additional cost to Contractor, must supply sufficient labor,
material, and equipment to timely perform and complete Subcontractor's work in
compliance with the Construction Schedule, including the use of any overtime or
multiple crews required to maintain the Project's Construction Schedule. If
Subcontractor fails to keep the Construction Schedule, Contractor will be entitled to
cause such work to be performed and completed on time. Until Subcontractor
reimburses Contractor for all such costs and any delay damages described in section 6.2,
Contractor will be entitled to: (a) deduct any costs incurred to perform Subcontractor's
work from any sum due or owing Subcontractor, (b) to demand that Subcontractor such
costs, or (c) exercise any other available remedy or combination of remedies.
6.2 Liability for Delay. Delay damages, including any liquidated, actual, or consequential
damages imposed upon Contractor for failing to meet any Construction Schedule for the
Project will be apportioned to, and recovered from, Subcontractor to the extent
Subcontractor is responsible for the delay.
6.3 Compensation for Delay. Subcontractor will be entitled to delay damages if, but only
if, Contractor receives compensation from Owner specifically for delays affecting
Subcontractor. Contractor's receipt of such compensation from the Owner is an
absolute condition precedent to Subcontractor's right to any delay damages, and
Subcontractor's right to compensation from Contractor for any delay will not exceed the
net amount of any compensation that Contractor actually receives from Owner
specifically for delays affecting Subcontractor, 1c33 any rea3onablc un recovered oo3t3 2,;' • _ _ e • e •• e e _ •• • _ _ • e • _ _ ∎ • Subcontractor will not be liable�� •
to Contractor for: (1) delays in performing or completing work caused by labor strikes,
lockouts, and unavoidable casualties or causes beyond Subcontractor's control; or (2)
changes ordered in work, unless the changes resulted from deficient or defective work
within Subcontractor's scope of work. Notwithstanding any other term of any Contract
Document, Contractor will have no obligation to consider any request by Subcontractor
for an extension of time, unless Subcontractor delivers to Contractor written notice
specifying the nature of the delay serving as the basis for the requested extension within
72 hours after the claimed delay begins. Subcontractor's sole and exclusive remedy
against Contractor for any excused delay will be an extension of time for completion of
Subcontractor's scope of work, but Contractor will not be required to grant any
extension unless, and then only to the extent, Owner grants Contractor an extension to
perform Subcontractor's scope of work. If, however, Subcontractor submits to
Contractor a timely claim for delay damages, and Contractor actually receives delay
damages for work performed by S contractor within Subcontractor's scope of work,
Contractor will pay the net amo t received, loss any reasonable un recovered costs in fr
Page 4 Accepted By: JRJ & SUBCONTRACTOR
MASTER SUBCONTRACT AGREEMENT
recovering such damages, to Subcontractor for delay damages attributable to work
performed by Subcontractor within its scope of work. • . - - . • -- - - - ' e
. - - • - fir;
7. SUBCONTRACTOR'S OBLIGATIONS
7.1 Assumed Obligations. Subcontractor assumes for Contractor's benefit all obligations
that Contractor assumes for Owner's benefit under the Contract Documents and any
agreement between Owner and Contractor to the extent they apply to Subcontractor's
scope of work.
7.2 Cooperation. Contractor has an open shop. Subcontractor's personnel must work in
harmony with Contractor's personnel. If Subeextracter'3 personnel do not do 3o,
to Subcontractor. •
7.3 Safety. Subcontractor retains sole responsibility for the safety of Subcontractor's
employees and performance of Subcontractor's work, and Subcontractor must take all
necessary measures to protect its employees, sub - subcontractors, and others at the
Project from harm. Subcontractor must (a) perform its work in accordance with OSHA
requirements, state and local building codes and regulations, and all applicable laws; (b)
maintain a safe, clean, and secure work area; (c) furnish its employees with any and all
necessary or mandated safety equipment, including but not limited to ladders, scaffolds,
barricades, and other fall protection, (d) take all necessary measures, whether or not
mandated by law, to assure the safety of its employees and others on the Project and to
prevent any adverse impact to or contamination of the environment; (e) prevent the use
of radios, headsets, etc. by persons performing Subcontractor's work, (f) prevent the use
of drugs or alcohol by persons performing Subcontractor's work
7.4 Signs. Subcontractor will not post any signs (except safety or hazard signs) on the
Project without the written permission of Contractor.
7.6 No Assignment. Subcontractor will not assign, delegate, or sublet any part of its work
under this Subcontract without Contractor's prior written consent.
7.7 Superintendents. Subcontractor must provide qualified superintendents and forepersons
(a) to serve as Subcontractor's authorized agent, (b) to schedule and direct the
Subcontractor's personnel, and (c) to ensure the safety of Subcontractor's employees,
sub - subcontractors, and other person awfully at the site.
Page 5 Accepted By: JRJ & SUBCONTRACTOR
7.8 MDSDS. Subcontractor must (a) provide Contractor's superintendent with Material
Safety Data Sheets (MSDS) for all hazardous or potentially hazardous materials which
Subcontractor provides or utilizes on the Project, and (b) cause its employees to review
and comply with Contractor's HAZCOM program attached as Exhibit 1.
7.9 Project Meetings. Project meetings will be scheduled for each Project by Contractor's
designated superintendent or project manager and conducted periodically during the
Project, and a qualified representative of Subcontractor must attend upon Owner's or
Contractor's request.
7.10 ; ' • tes. Contractor's resolution of any dispute with respect to any matter arisin_
the Subco . its breach, or its performance will bind the parties un • : p etion of
Subcontractor's wor . . ich time either Subcontractor . • ractor may institute an
arbitration proceeding, and notw .ding a . -r term of this Subcontract,
Subcontractor must continuously . • • : • ge • -rform its work through completion
notwithstanding any s . • : • pute. And, if Contractor a- ; •• -s a party to binding
arbitratio • • . mg any work within the scope of this Subcontrac , o • actor will be
- • ed, in its sole discretion, to join Subcontractor in that arbitration. y-
8. INSURANCE
8.1 Insurance Required. Subcontractor must maintain such insurance as will protect
Contractor Parties (See definition for that term in Paragraph 9.2 below), Owner, and
their agents from Claims arising from any acts, omissions, and operations in connection
with any work required under this Subcontract for which Contractor Parties, Owner, or
their agents may be held liable. Subcontractor must maintain the types and amounts of
insurance listed in Exhibit 2, and all listed policies must (a) name Contractor Parties and
Owner as additional insureds, (b) waive all subrogation rights against Contractor Parties
and Owner, and (c) provide that Subcontractor's policy will be primary and any policy
of Contractor or Owner will be secondary, excess, and non - contributing.
8.2 Proof of Insurance. Subcontractor must cause its insurer or broker to deliver directly to
Contractor legally enforceable proof of the insurance coverages, benefits, and
endorsements required by this Subcontract before commencing work on the Project and,
thereafter, within forty -eight (48) hours after demand by Contractor. The legally
enforceable certificates or proof of insurance must (a) name Contractor Parties, Owner,
and Owner's lender as additional insureds; (b) waive all subrogation rights against
Contractor Parties and Owner, and (c) confirm that Subcontractor's policy will be
primary and any policy of Contractor or Owner will be secondary, excess, and non-
contributing; and (d) provide that Subcontractor's insurer will provide Contractor with
30 days written notice before the effective date of any cancellation, expiration, or
modification of the policy. Upon request by Contractor, Subcontractor will deliver a
complete copy of any required policy, including any endorsements. Contractor's failure
to request proof of insu will not (a) obligate Contractor to deny any subcontractor
Page 6 Accepted By: JRJ & SUBCONTRACTOR
....., '
MASTER SUBCONTRACT AGREEMENT
access to the Project, (b) constitute neglect; or (c) waive the requirement that
Subcontractor maintain insurance.
8.3 Casualty Loss. Provided that Subcontractor is not in any way responsible for the loss,
Contractor will pay Subcontractor a just share of any property insurance proceeds
received by Contractor to the extent the payment is for work being performed or
completed by the Subcontractor at the time of loss,
9. INDEMNIFICATION.
9.1 Definitions.
N OrW
9.1.1 Claims means all liabilities, claims, damages including consequential
damages), losses, penalties, litigation, demands, causes of action
(whether in tort of contract, in law or at equity, or otherwise), suits,
proceedings, judgments, disbursements, charges, assessments, and
expenses (including attorneys' and experts' fees and expenses incurred in
investigating, defending, or prosecuting any litigation, claim, or
proceeding).
9.1.2 Defend means to defend with counsel reasonably acceptable to the
indemnified party at no cost to that party.
9.2 SUBCONTRACTOR WILL INDEMNIFY, DEFEND, AND HOLD
HARMLESS CONTRACTOR, ITS SURETIES, OWNER, AND THEIR
RESPECTIVE AGENTS, SUCCESSORS, ASSIGNS, OFFICERS,
DIRECTORS, AND EMPLOYEES (CONTRACTOR PARTIES) FROM
AND AGAINST ANY AND ALL CLAIMS DIRECTLY OR INDIRECTLY
ARISING OUT OF, CAUSED BY, OR RESULTING FROM (IN WHOLE
�""�� IN PART) (A) THE PERFORMANCE OF THE SUBCONTRACTOR'S
�p1Z lA4 Or1iy WORK, (B) ANY ACTS OR OMISSIONS OF SUBCONTRACTOR'S
I L EMPLOYEES, AGENTS, OR REPRESENTATIVES, INCLUDING, BUT
5XNf NOT LIMITED TO, ANY SUB - SUBCONTRACTORS OR SUPPLIERS OF
Of
LkaliMe.t ANY TIER (SUBCONTRACTOR PARTIES), OR (C) OPERATION OF
woriLC
.. .. . : .
. . ANY INDEMNITY IS UNENFORCEABLE ■ ' - = ,
SUBCO ` =.- ! ; ILL INDE ► . , i ND, AND HOLD
HARMLESS C • 1 ' ' - ' TO THE FULLEST
'E ERMI ED BY LAW.
l
Page 7 Accepted By: JRJ & SUBCONTRACTOR
9.2.2 THE INDEMNITY IN SECTION 9.2 INCLUDES ANY CLAIMS
ARISING OUT OF ANY ACTUAL OR ALLEGED INJURY TO
PROPERTY OR CONTAMINATION OF THE ENVIRONMENT,
WHETHER FROM POLLUTION, OR OTHERWISE AND
WHETHER OR NOT PROSECUTED BY A GOVERNMENTAL
ENTITY.
9.2.3 THE INDEMNIFICATION IN SECTION 9.2 IS NOT LIMITED BY
ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES,
COMPENSATION, OR BENEFITS AVAILABLE UNDER ANY
INSURANCE POLICY CARRIED BY THE SUBCONTRACTOR.
9.2 Safety. Subcontractor agrees to provide all necessary equipment to protect its
employees, agents, Sub - subcontractors and others on the Project site from any hazards
created directly or indirectly by Subcontractor's work or to which Subcontractor is
exposed whether or not created by the Subcontractor. In the event that special safety
devices are required, Subcontractor agrees that it will obtain and install such additional
safety devices and employ such safety measures at its sole expense and will strictly
adhere to all provisions of the Occupational Safety Health Act as well as any state
statutes, codes, and regulations pertaining to the safety and protection of persons or
property as may be deemed applicable to the Subcontractor's work. In the event that
any claims arise as the result of an alleged violation of any of the statutory safety
provisions, Subcontractor agrees to defend, indemnify, and hold harmless the Contractor
Parties from any and all such claims, including fines, " expenses and attorneys' fees, and
legal costs,. - }iipt M.6 12,91Se lAbil W 414 142E4( edArtAtic1 i2 rAat ES.
9.3 Fines. Any fines or levies imposed as the result of the Subcontractor's operations ma
be deducted from the Subcontract Sum. '►k 431frt Ate l �9ai 1 1 i Mpost d NM r
0 Nor p41,4 61 subcovfn thz
9.4 Survival. All indemnities will survive the termination of this Subcontract for reason and
the completion of all work within the scope of this subcontract.
10. MISCELLANEOUS PROVISIONS
10.1 Final Payment. Subcontractor's acceptance of final payment on a Project waives all
claims against Contractor relating to the Projec or to w k performed on the Project 1
-H E ExfEM+ pEUm;tr 4.. 61.1 (
10.2 Acceptance. No certificate given by Owner, Architect, or their respective agents, nor
any payment to Subcontractor, will evidence full or satisfactory performance of work
within the scope of this Subcontract or acceptance of deficient work or materials.
10.3 Liens. Subcontractor agrees to keep the Project and the ground appurtenant thereto, free
of liens arising from any work fone or materials furnished in connection with the
Subcontractor's work. If s�u� c a lien is claimed, Subcontractor will, within five (5) days
Page 8 Accepted By: JRJ & SUBCONTRACTOR
MASTER SUBCONTRACT AGREEMENT
after written notice from the Owner or Contractor, discharge or bond over the lien. If
/1,01 Subcontractor fails to discharge any lien, Contractor will be entitled discharge the lien,
an Subcontractor must pay Contractors <of the amount of the lien, plus Contractor
iNg /Ititlm d Owner's reasonable attorneys' fees and any other related costs. Subcontractor
waives any and all lien rights to the same extent as Contractor has been required to
waive its lien rights in the Contract.
10.4 Default and Remedies. If Subcontractor does not (i) supply a sufficient number of
properly skilled workers, (ii) the proper quality and quantity of materials or equipment,
(iii) prosecute its work with the promptness and diligence required to maintain the work
schedule established by Contractor Os it may be revised and amended by Contractor
from time to time). (iv) promptly pay its workers, subcontractors, or suppliers, (v) meet GC
ite debts as they matt'rP, or (vi) comply with laws, ordinances, rules, regulations, or
orders of Contractor or any public authority having jurisdiction over the work, or
Subcontractor (vii) causes any stoppage of or interference with the work of Contractor
or any other subcontractor, or (viii) otherwise breaches any material term of this
Subcontract, and Subcontractor does not cure such failure within 48 hours (or such
longer period of time as may be granted by Contractor in its sole discretion) after
Contractor delivers written notice, then Contractor, in addition to or in combination with
any other available remedy, will be entitled to all, any or any combination of the
following:
(a) perform or cause others to perform all or any part of Subcontractor's work on
such terms as Contractor deems appropriate and recover from Subcontractor all
resulting costs and damages (including, without limitation, reasonable overhead,
profit, court costs, attorneys' fees, expert witness fees, and other collection
costs); or
(b) • • old any payment due or owing Subcontractor under this Subcon , .
Project Agre- - - - • an other agreement between S : .c or and
Contractor until Subcontrac o . -- - - ., • ontractor's satisfaction, any
curative action or .. actor all costs an. • . - - described in sub- sectio�
a • -ction 10.4; or
(c) terminate this Subcontract by delivering written notice to Subcontractor.
Contractor will be entitled to (I) exercise any remedy in this Subcontract or allowed by
law withwotrnotice to Subcontractor in the event of an emergency, (II) use any materials,
• - - - . _ •• - • _ .. • . • - . • • •. _ . - • • • • - • • . • • e_ - _ • . - - -
- • - -: -- - - - ••' - - --- -- - - - - •
1
Page 9 Accepted By: JRJ & SUBCONTRACTOR �L`
• - - - -' _ - • • -- _•e --
— _ • , 'tied to accept or reject cae
''thstanding any other term of this Subcontract or any other agreemen •- -en the
parties, Su. • - tor's default under this Subcontract also wi - - . • efault under any
other agreement between . •ntractor and Con • - . , and Subcontractor's default
under any other agreement between `+••: - --•.t actor and Contractor also will be a default
under this Subcontract. . actor will be entit e. . • hold or offset any sums
otherwise • - . owing Subcontractor under this Subcontract o . • her agreement
yen the parties. All of Contractor's rights and remedies are cumulative.
10.5 Termination With C use. Contractor will be entitled to terminate all or any part of
this Subcontract with 'cause by delivering ten (10) days written notice to
Subcontractor, but any terms that, by their nature, survive final acceptance of the work
will survive such termination and will remain in full force and effect and any obligations
to Subcontractor shall continue for any part of Subcontractor's work performed before
the effective date of the termination. Upon such termination, Contractor will pay
Subcontractor for All 484,y-appraued.,work completed before the termination, plus any
applicable retainage, - - _ _ • -
. . . -
. . . . . . . . . . . . . . . . . . . . . . .
• •_ _ • • _ -• .• • •• •_ -
Subcontractor's work. �- --
10.6 Applicable Law. Texas law will apply to this Subcontract and its interpretation.
10.7 Licenses. Before starting its work, Subcontractor, as a condition precedent to
Contractor's obligations under this Subcontract, must submit a copy of any applicable
license to Contractor. Subcontractor also must submit duplicate originals of all required
seals, permits, and governmental approvals before Subcontractor's work complete will
be deemed complete.
1 . ; • • . •• • • .bcontractor consents to the conditio I . • . •. •.-• - • is u•contract
to Owner or . • - • • • - : • •`. • '1 s , to Owner.
11. ADDITIONAL PROVISIONS
11.1 Taxes. Subcontractor must pay all sales taxes on materials supplied by Subcontractor
and incorporated into this Project.
11.2 Clean -up.
11.2.1 Subcontractor must dispose of all debris in compliance with applicable laws.
11.2.2 If Subcontractor fails to clean its work area within twenty -four (24) hours after
demand CONTRACTS ; ill be entitled to clean -up the area at Subcontractor's
cost A
Page 10 Accepted By: JRJ & SUBCONTRACTOR..
MASTER SUBCONTRACT AGREEMENT
11.2.3 Subcontractor must pick -up daily all debris resulting from its work and deposit it
in a dumpster provided by CONTRACTOR.
11.3 Hoisting. Subcontractor must provide all hoisting necessary to perform its work.
12. AGREEMENT TO ARBITRATE
. _ bitration. Any dispute or claim arising out of, or related to, the Contract D• - s
or their • : • ust be submitted to arbitration conducted under t • - .: e procedures
provided in the Con r. , - • e•t a decision by the A - will not be a condition
precedent to arbitration. If the o : - • . - of provide for arbitration or does not
specify arbitration proced -:, e arbitrations w •nducted under the then current
Constructio • • :. ry Arbitration Rules of the American Aril • • - • • ssociation, unless
• - • . ies otherwise agree.
, i gt ----
• e . . ill be the exclusive ven . - • - • _ : • •
12.2 • . -- • -
• • --•.•__
The parties executed this Subcontract on the day and year first above written.
ACCEPTED BY: CONTRACTOR ACCEPTED BY: SUBCONTRACTOR
----- - - - - -- - -- - - - - - --
JRJ Paving, LP $ srzrn.ray, /.../..C, ORTH TEXAS BRIDGE COMPANY, INC.
i; s 59 /l / /N(, N1141 75a? q
1805 Royal Lane, Suite 107 , P.O. BOX 865149
Dallas, Texas 75229 .e PLANO, TEXAS 75086 q y
Phone: 214 466 -8340 Phone: 214 8}69x9863 9 �� ' — d ../-SS7
Fax: (214) 466 -8, • Fax: ?7d - 9a y' 4/7/3 Ar -- BY — --
BY:
I
Date: f� i, ate. �r' e _;(� • -r
&, L� �{tP a.�� �1,.4.� �� D N, Siff.
(TYPED OR\PRINTED NAME (TITLE) (TYP D OR PRINTED NAME) (TITLE
(Please sign and initial all pages)
ti
7
Page 11 Accepted B : JRJ & SUBCONTRACTOR W
ep y
EXHIBIT 1
JRJ PAVING, LP
HAZARD COMMUNICATION PROGRAM
The purpose of this hazard communication program is to inform JRJ Paving, LP and /or sub - contractor
employees of known chemical hazards that may exist in the workplace. This program applies to
chemicals known to be present on the jobsite in such a manner that employees may be exposed under
normal conditions, non- routine tasks, or foreseeable emergencies. All foreman of subcontractors and
other prime contractors will be given a copy of Contractor's Hazcom Policy when first arriving on the
j obsite.
THE MAJOR COMPONENTS OF THIS PROGRAM ARE AS FOLLOWS:
Labels and other forms of warning.
List of hazardous chemicals known to be present in the workplace.
Material Safety Data Sheets (MSDS) from suppliers.
Methods of informing and training employees of hazards of non - routine tasks.
LABELS AND OTHER FORMS OF WARNING:
Each container of hazardous chemical shall be labeled, tagged or otherwise marked with the identity of
the hazardous chemical and the appropriate hazard warning. Labels and other forms of warning will be
legible and prominently displayed or readily available at each jobsite.
LOG OF HAZARDOUS CHEMICALS AT JRJ JOBSITE:
A chemical inventory sheet is on file for each hazardous product on the site. The list identifies the
product, its supplier and file reference. This log is in the job superintendent's office and is updated as
additional hazardous materials are received.
MATERIAL SAFETY DATA SHEETS (MSDS):
A Material Safety Data Sheet will be kept for each hazardous chemical known to be present at the site.
Material Safety Sheets are kept in the field office and are readily available to all employees. The job
superintendent is responsible for maintaining the MSDS in a complete and updated manner.
TRAINING AND INFORMATION:
Employees shall be informed and trained by the job superintendent in accordance with this written
hazard communication program. Training all extend to non - routine tasks, as necessary and to
foreseeable emergencies.
Page 12 Accepted By: JRJ / & SUBCONTRACTOR �W
MASTER SUBCONTRACT AGREEMENT
ALL EMPLOYEES CAN OBTAIN FURTHER INFORMATION ON THIS WRITTEN
PROGRAM, THE HAZARD COMMUNICATION STANDARD APPLICABLE MSDS'S AND
CHEMICAL INFORMATION BY CONTACTING JRJ'S ON SITE JOB SUPERINTENDENT
OR BY TELEPHONING JRJ'S SAFETY DIRECTOR, GLENN HIGHLAND 940 - 320 -6340.
Page 13 Accepted By: JRJ & SUBCONTRACTOR
EXHIBIT 2
JRJ PAVING, LP
INSURANCE REQUIREMENTS
a) Prior to starting work Subcontractor shall procure and keep current, as a minimum, the
following described insurance coverage in the limits shown. Subcontractor shall furnish
Contractor a certificate issued by Subcontractor's insurance agent as evidence of compliance.
1. Commercial General Liability Per Occurrence $ 1,000,000
Aggregate $ 2,000,000
2. Comprehensive Auto Liability Combined Single Limit $ 1,000,000
Per occurrence
3. Workers Compensation Insurance Statutory limits
Contractor, and the Owner /Prime Contractor, (or the State of Texas where applicable) shall be
named as an " Additional Insured on a Primary and Non - Contributory Basis" by endorsement.
A "Waiver of Subrogation Endorsement ", in favor of the Contractor and the Prime Contractor
(or the State of Texans where applicable), shall be part of each liability policy. All policies shall
include a provision requiring a 30 day written notice to the Contractor prior to cancellation or
termination of any policy.
b) Subcontractor agrees that Insurance requirements set forth in the General Contract or required
by the Owner or Prime Contractor, shall supercede the requirements set forth herein. If for any
reason, required insurance coverage is not kept in force, the Subcontractor shall stop all work
and not resume until an acceptable Certificate is submitted to the Contractor.
Page 14 Accepted By: JRJ & SUBCONTRACTOR /0
NORTH TEXAS BRIDGE CO INC.
P. O. Box 865149, Plano, TX 75086 -5149
i 9425 County Rd 423 Anna, Texas 75409
Admn/Engr: 972 - 924 -3557 FAX: 972 - 924 -4713
An equal opportunity employer Member AGC of Texas
May 3, 2011
May Murphy, Manager Don Cornell / Christine Davis, Agents
JRJ Paving, LP
1805 Royal Lane, #107 AON Risk Services Southwest
Dallas, TX 75229 2711 N. Haskell, LB #8, #800
Dallas, TX 75204
Re: JRJ Paving, LP; Payment Bond No. 08999827
JRJ Job #10112; Bethel Road, Phase II, City of Coppell
Bond Claim for Payment for Labor and Material & Claim for Retainage
REQUEST FOR RELEASE OF PAYMENT OF FINAL RETAINAGE
Mr. Murphy:
In a meeting at your office on March 30, you accused North Texas Bridge Co., Inc. (NTB), of
responsibility for delays that cost JRJ an undisclosed reduction in the amount of incentive payment
(bonus) from the City of Coppell for early calendar day completion of the subject project. You presented
no documentation to validate your accusation. You attempted to coerce NTB into supplying free barrier
rail to JRJ for an unrelated project (Dixon Road, Flower Mound) by threatening to withhold an unstated
amount from NTB's retainage on the Bethel Road Project. Your intent to withhold NTB's retainage to
extort the free barrier rail was reiterated in Ms. Harmon's and your emails of April 1 (Attachment 1).
Against our better judgment, we revised our original Dixon Road quote to "$0.00" (Attachment 2) to
prevent delay in receiving our $38,366.68 retainage and avoid the expense and aggravation of a legal
dispute. It was emailed to you April 4 . However, before your agreement (PO) was emailed to us on
April 13 (Attachment 3), our growing concern led us to research the City's documents and re- examine
our own records to confirm or refute your allegation of our fault for any delay.
We reviewed our Subcontract Agreement and the General Contract between JRJ and the City, and
concluded that NTB was not liable for any gain or loss of incentive paid by the City to JRJ at the end of
the project for early completion on January 14, 2011. The basis for our conclusion is that the Subcontract
Agreement included the typical "flow down" clauses that required NTB to adhere to all terms and
conditions of the General Contract, with the very clear exception of those conditions relating to early
completion incentives awarded by the City at the conclusion of the project.
The early completion incentive payment is described in Section 4, Item 1.6, Para 1, of the Contract
Documents, which states that the incentive will be calculated and paid "...for each calendar day the actual
completion date precedes the Original Contract Time and subject to conditions set forth below ". Para 1
also states "The parties anticipate that delays may be caused by or arise from any number of events during
the course of the Contract... including... actions of suppliers, subcontractors or other contractors ". JRJ
entered into the Contract having full knowledge of the impact of possible delays or events, and with full
intent to solely retain any /all incentive pay earned. JRJ made no offer to share its incentive with NTB to
encourage completion in advance of the Original Contract Time. JRJ would, therefore, solely bear the
loss of any incentive pay resulting from delays that effected the Original Contract Time.
Para 2 states "As conditions precedent to the Contractor's entitlement to any incentive the Contractor
must: 1. Actually complete all Contract Requirements, including the completion of all punch list work,
and obtain final acceptance by the Owner prior to expiration of the Original Contract Time and/or Bridge
Construction Time ".
Of the five punch list items required by Keith Marvin to be completed before time would be stopped (see
Attachment 4), NTB was responsible for all of Item #3 and portions of Items #2 and #4. The City's Work
Reports (Attachment 5) show "no work activity — ice" on January 10` 11 `h , and 12` The January 13
and 14 reports show JRJ and NTB were on -site "working on coating on bridge rail and retaining wall
rail" and "cleaned up equipment lot ". NTB completed its items on the 14 and documented same in its
Daily Reports (available upon request). The City's January 13` and 14` reports do not specifically note
JRJ's sealing of sidewalk sections or turning on bridge lights and we could not locate any City reports
beyond January 14 We are unaware of a record confirming that time was stopped on the 14` , but have
only the City's Final Acceptance Letter dated March 23 showing acceptance was February 1, 2011, two
years prior to the stated February 1, 2013, expiration date of the Maintenance Bond (Attachment 6).
All records available to us indicate that NTB completed its punch list items prior to or on the same day
that JRJ completed punch list items #1 - #5. Regardless of NTB having no responsibility for JRJ's
entitlement to incentive payment for early completion, or loss thereof resulting from "any number of
events during the course of the contract" as they relate to the Original Contract Time, NTB refutes your
accusation of responsibility for any delay whatsoever.
We hereby make a formal demand you for immediate and unconditional release of the full amount of
$38,366.68, which is the now delinquent amount of retainage due and owing to North Texas Bridge Co.,
Inc. Please contact us on or before May 13, 2011, to avoid further legal pursuit.
Sin, rely,
,/ 3,U4
Barbara J. Glock
Exec. V. P. / CFO
Attachments (5)
cc: Steve Goodman, President, NTB
Clay Phillips, City Manager, City of Coppell
Ken Griffin, Director Engr. /Public Works, City of Coppell
Keith Marvin, Project Engr., City of Coppell
Barbara T. Hale, Esq.
Page 1 of I
Laura /�'!jrzl %/i/ /
From: Lisa Hannon [lisah @JRJPaving.com]
Sent: Friday, April 01, 2011 2:36 PM
To: Laura
Subject: RE: Bethel Rd - JRJ #10112
I was told to release the January money. The retention will be released as soon as the
agreement is completed between Steve and Marty.
From: Laura [mailto:laura @ntbridge.com]
Sent: Friday, April 01, 2011 1:58 PM
To: Lisa Harmon
Cc: 'Barb Glock'; steve @ntbridge.com; Marty Murphy
Subject: Bethel Rd - JRJ #10112
Lisa,
I haven't heard back from you on Marty's approval of our Jan and final retainage. What is the
status?
Thank you,
Laura
From: Lisa Harmon [mailto:lisah @JRJPaving.com]
Sent: Wednesday, March 30, 2011 1:13 PM
To: Laura
Subject: RE: Bethel Rd - JRJ #10112
I will get the approval from Marty and let you know.
From: Laura [mailto:laura @ntbridge.com]
Sent: Wednesday, March 30, 2011 1:01 PM
To: Lisa Harmon
Subject: Bethel Rd - JRJ #10112
Lisa,
When will our Jan. and final retainage be ready? Steve met with Marty today, but Steve was
unable to get payment because you were unavailable.
Thanks,
Laura Chance
Contract Coordinator
North Texas Bridge Co., Inc.
Phone: 972 -924 -3557
Fax: 972 -924 -4713
4/27/2011
Page 1 of 1
Laura
From: Lisa Harmon [lisah @JRJPaving.comj
Sent: Friday. April 01, 2011 2 :15 PM
To: Laura
Subject: RE: Bethel Rd - JRJ #10112
Let me send him another email. He was out of the office this morning.
From: Laura [mailto:laura @ntbridge.com]
Sent: Friday, April 01, 2011 1:58 PM
To: Lisa Harmon
Cc: 'Barb Glock'; steve @ntbridge.com; Marty Murphy
Subject: Bethel Rd - JRJ #10112
Lisa,
I haven't heard back from you on Marty's approval of our Jan and final retainage. What is the
status?
Thank you,
Laura
From: Lisa Harmon [mailto:lisah @JRJPaving.com]
Sent: Wednesday, March 30, 2011 1:13 PM
To: Laura
Subject: RE: Bethel Rd - JRJ #10112
I will get the approval from Marty and let you know.
From: Laura [mailto:laura @ntbridge.com]
Sent: Wednesday, March 30, 2011 1:01 PM
To: Lisa Harmon
Subject: Bethel Rd - JRJ #10112
Lisa,
When will our Jan. and final retainage be ready? Steve met with Marty today, but Steve was
unable to get payment because you were unavailable.
Thanks,
Laura Chance
Contract Coordinator
North Texas Bridge Co., Inc.
Phone: 972- 924 -3557
Fax: 972 -924 -4713
4/2 7/20 1 1
Page 1 of 1
Barb Glock �' /
i7i�/� f .
From: "Marty Murphy" <Martym @JRJPaving.com>
To: "Laura" <laura @ntbridge.com >; "Lisa Harmon" <lisah @JRJPaving.com>
Cc: "Barb Glock" <barbara @ntbridge.com >; <steve @ntbridge.com>
Sent: Friday, April 01, 2011 2:57 PM
Subject: RE: Bethel Rd - JRJ #10112
Lisa will be releasing January today. The retention will be released as soon as Steve and I have a
written agreement regarding the CTB's on Dixon Lane. Steve was suppose to have revised his quote
to us on the Dixon Lane project then I will write a purchase order for that project.
From: Laura [mailto:laura @ntbridge.com]
Sent: Friday, April 01, 2011 1:58 PM
To: Lisa Harmon
Cc: 'Barb Glock'; steve @ntbridge.com; Marty Murphy
Subject: Bethel Rd - JRJ #10112
Lisa,
1 haven't heard back from you on Marty's approval of our Jan and final retainage. What is the
status?
Thank you,
Laura
From: Lisa Harmon [mailto:lisah @JRJPaving.com]
Sent: Wednesday, March 30, 2011 1:13 PM
To: Laura
Subject: RE: Bethel Rd - JRJ #10112
I will get the approval from Marty and let you know.
From: Laura [mailto:laura @ntbridge.com]
Sent: Wednesday, March 30, 2011 1:01 PM
To: Lisa Harmon
Subject: Bethel Rd - JRJ #10112
Lisa,
When will our Jan. and final retainage be ready? Steve met with Marty today, but Steve was
unable to get payment because you were unavailable.
Thanks,
Laura Chance
Contract Coordinator
North Texas Bridge Co., Inc.
Phone: 972-924-3557
Fax: 972 -924 -4713
4/27/2011
Page 1 of 2
..., Glock /j d MR)/ 62--
From: <steve @ntbridge.com>
To: "Marty Murphy" <Martym @JRJPaving.com >; "Laura" <laura ntbrid e.com >• "
Cc: "Barb Glock" <barbara ntbrid e.com >; <steve@ntbridge.com>
g "Lisa Harmon" <tisah @JRJPaving.com>
@ g steve @ntbridge.com>
Sent:
Monday, April 04, 2011 11:55 AM
Attach: Barrier Rental - -NTBC Flower Mound.xls
Subject: Re: Bethel Rd - JRJ #10112
Marty
llere is the barrier rental agreement, that was discussed, for Dixon Rd
Please release the retainge & January Payment for Bethel
Steve Goodman
NTBC
Original Message
From: Marty Murphy [mailto:Martym @JRJPaving.com]
Sent: Friday, April 1, 2011 03:57 PM
To: 'Laura', 'Lisa Harmon'
Cc: 'Barb Glock', steve @ntbridge.com
Subject: RE: Bethel Rd - JRJ #10112
Lisa will be releasing January today. The retention will be released as soon as Steve and I have a
written agreement regarding the CTB ?s on Dixon Lane. Steve was suppose to have revised his
quote to us on the Dixon Lane project then I will write a purchase order for that project.
•
From: Laura [mailto:Iaura @ntbridge.com]
Sent: Friday, April 01, 2011 1:58 PM
To: Lisa Harmon
Cc: 'Barb Glock'; steve @ntbridge.com; Marty Murphy
Subject: Bethel Rd - JRJ #10112
Lisa,
I haven ?t heard back from you on Marty ?s approval of our Jan and final retainage. What is the
status?
Thank you,
Laura
From: Lisa Harmon [mailto:Iisah @JRJPaving.com]
Sent: Wednesday, March 30, 2011 1:13 PM
To: Laura
Subject: RE: Bethel Rd - JRJ #10112
I will get the approval from Marty and let you know.
From: Laura [mailto:laura @ntbridge.com]
Sent: Wednesday, March 30, 2011 1:01 PM
To: Lisa Harmon
Subject: Bethel Rd - JRJ #10112
4/29/2011
.
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CONSTRUCTION 12950
PURCIIASE ORDER Reference this number on invoicing
Jazi
„c,„ "17PVirr L-1 tett,,,remplef atTalt ”;m - amgri
PAVING, LP
Page:
To NORTH TEXAS BRIDGE CO., INC From: JRJ PAVING, LP 1
P.O. BOX 865149 P.O. Box 59934
PLANO, TX 75086 1805 Royal Lane, Suite 107
(214) 869 Dallas, TX 75229
(214) 466-8340
(214) 466-8354 Fax
Ship To: Dixon Lane
Crestside Drive to EM 2499
Hower Mound, TX 75028
Date: 4/11/2311
Job #: 10154
Pro'ect: Dixon Lane
Cost Code Description Quantity Unit Price Ext Cost
FURNISH, DELIVER, AND REMOVE LP BARRIER RAIL.
UNLOADING AND LOADING TO BE COMPLETED BY JRJ
• PAVING, SLINGS, PINS, AND CONNEC'PING HARDWARE TO
BE FURNISHED BY NORTH TEXAS BRIDGE COMPANY.
680 LE (MINIMUM) TO BE PROVIDED AT NO COST TO JRJ
PAVING.
Sales Tax: 0.00
Total: 0,(9
By:
PAYMENT SHALL BE MADE UPON RECIPT OF FUNDS FROM OWNER,PR Pavingft,,P IME CONTRACTOR
AS APPLICA9LE_ PER MONTHLY DRAW REQUEST AND/OR COMPLETION OF PROJECT.
PLEASE SIGN AND RETURN ONE COPY OR ACXNOWLEDGEMENT IMMEDIATELY
RIGHTS HEREUNDER CANNOT SE ASSIGNED WITHOUT WRITTEN CONSENT OF PURCHASER
Vendor Signature
Page 1 of 1
Laserf the WebLink Page 3 of 4
44 di,/ /
•
(2/2/2011) Keith Marvin - Re Fwd Bethel Road Reconstruction - stop protect time
Front: Caleb Thornhill <bct @freese.com>
To: Keith Marvin <KMARVIN @eoppeiltx.gov>
Date: 1/1012011 7:00 PM
Subject: Re: Fwd: Bethel Road Reconstruction - stop project time
Keith
I won't be able to make tomorrows meeting.
Caleb Thornhill. P.E.
ext 2282 Sent from VZW
- - -- Original Message--- -
From: Keith Marvin <KMARVIN @coppelltx.gov>
Date: Mon, 10 Jan 2011 18:27:32
To deand @JRJPaving.com <deand @JRJPaving com>
Cc: Larry Davis <LDAVIS @coppelltx.gov >; Caleb Thornhill <bct @freese.com >;
Martym @JRJPaving.com <Martym@JRJPaving com>
Subject: Re: Fwd: Bethel Road Reconstruction - stop project time
Better make it 9:30.
- - -- Original Message---- -
From: "Dean Dumke" <deand @JRJPaving.com>
To: Keith Marvin <KMARVIN @coppelltx.gov>
• Cc: Larry Davis <LDAVIS @coppel tx.gov>
Cc: Caleb Thornhill <bct@freese.com>
To: Dean Dumke <deand @JRJPaving.com>
• Cc: Marty Murphy <Martym@JRJPaving.com>
Sent: 1/1012011 5:41:22 PM
Subject RE: Fwd: Bethel Road Reconstruction - stop project time
Keith,
I will be at your office tomorrow morning at 8:30a to discuss this email and the items that are listed.
Dean
•
Sent from my HTC Touch Pro2 on the Now Network from Sprint).
- - -- Original Message--- -
From: Keith Marvin - n c.copeiltx.gov
< Sent: Monday, January 10, 2011 11:58 AM
• ...- •-_.•fd _ . •
Cc: Larry Davis <LDAVIS @coppelitx.gov >; Caleb Thornhill <bct@freese.com >; Marty Murphy
<Martym@JRJPaving.com>
Subject: RE: Fwd: Bethel Road Reconstruction project time's
Dean,
As I understand it we have the following outstanding items. Please
contact Larry Davis for discussion of these items. We will agree to
stop the project time once items 1 -5 are complete. We will hold final
acceptance pending the entire list.
1. Sealing of replaced sidewalk sections. —4 J �J
2. Trash and brush pickup — ._. ;S rT #- m g c__
3. Retaining wall /rail finish. ---> 90C—
.
4, Clean up of,staging area lot including cleaning city street
http: / /web1ink.ci.coppell. tx.us /web1ink7 /DocView.aspx ?id = 108763 &dbid =1 4/21/2011
Laserf the WebLink Page 3 of 4
(2/2/2011) Keith Marvin - Re' Fwd: Bethel Road Reconstruction - stop project time
adjacent to lot (asphalt bags, etc ). f l -
5. Bridge lights still not on despite meter being installed.---, 1�1C -�s C �cT
6. TDLR inspection - -T '-
7. Gabion installation
Keith
Keith Marvin, P.E.
Project Engineer
(972) 304-3681
»> "Dean Dumke" <deand @JRJPaving.com> 117/2011 3.11 PM »>
Keith,
As of today, 1/7/11, we are offically complete with the project All
punchlist items for the COCoppeti have been completed and checked of by
COCoppell personnel, and all items listed on F&N have been corrected,
The only thing not done is Oncor hooking up the meter to bridge lights.
I am asking at this time that the project time be stopped.
The only work that will be done off the project is N TX Bridge,
cleaning up the tots used for staging starting on Monday.
I will get you the revised change order on Monday for the gabion
matress. I am on another project the rest of the day.
Thank you,
Dean
Sent from my HTC Touch Prot on the Now Network from Sprint®.
Original Message--- -
From: Keith Marvin <kmarvin @coppelltx,gov>
Sent: Friday, January 07, 2011 2:59 PM
To. deand@JRJPaving.com <deand @ JRJPaving.com>
Subject: Fwd: Bethe' Road Reconstruction - Walk Through Comments
FYI...
Caleb is going to come out next week with the structural engineer for a
final review.
Keith Marvin, P.E.
Project Engineer
(972) 304-3681
»> Caleb Thornhill <bctvfreese corn> 1/6/2011 10.34 AM »>
Keith,
I've already sent these to you, but here is a formal list of the
comments from the walk through on December 21. 2010.
http: // weblink. ci. coppell. tx.us /weblink7 /DocView.aspx ?id= 108763 &dbid =1 4/21/2011
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Template: Engineering " Engineering .. -_. Co ( ���
grA ]J 1698 /o Pages ;3 oj3
P 8 g g > Number Projects > Street Projects > ST03 -01 Bethel Rd Denton Tap to Freeport) > _Phase A (Denton Tap to Penfolds) > Emails > ST0301A•CS110110 (2)
Date
1/10/2011 12i2;201" ) Keith - Re -wd He le kaa) Recc ns'rt -ction - step project t me Page 3
)
Number
ST 03-01 A
Project Name
Bethel Rd II, Phase A ( Penfolds Ln to
Denton Tap)
Type Please review and provide comments at your earliest convenience
Correspondence
Subject B. Caleb Thornhill P.E
Email request to stop contract time
Parties Project Manager
JRJ Paving LP tcid image001 jpg(t 01CBAD8D.3B021 FAG]
Ret Series Freese and Nichols, Inc. <http_f /www.freese.conh />
1075 - 16 ' Main: 214- 217 -2200
Ret Period ` Direct: 214 -217 -2282
Permanent ` Fax 214- 920 - 2565
Destroy Date ' Email. bctafreese,com<mailto Jfreese come
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Template. Engineering 1
Date Engineering > Number Projects > Street Projects > ST03 -01 Bethel Rd II (Denton Tap to Freeport) > _Phase A (Denton Tap to Penfolds) > Construction Reports > ST0301A- CR110113
1/13/2011
Number
ST 03 -01 A
Project Name
Bethel Rd II, Phase A ( Penfolds Ln to
Denton Tap) /^ / �g u
Type
1ivO.PPEL
Construction Report , IfLf c ykt ,e , t 1 ,
Subject
Parties raai n.t =- • " +`;+ >+•i1t =.P�.a ...- __. _...
Engineering Dept. , =s > =a „ x
Ret Series
1075 - 16
Ret Period
Permanent
Destroy Date
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4/21/2011
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Template Engineering
Engineering > Number Projects > Street Projects > ST03 - 01 Bethel Rd II (Denton Tap to Freeport) > _Phase A (Denton Tap to Penfolds) > Construction Reports > ST0301A CR110114
Date
1/14/2011
Number
ST 03 -01 A
Project Name
Bethel Rd II, Phase A (Penfolds Ln to
Denton Tap) yy'�'_
COFTLL
Type
Const uctlon Report 1u 1 11,;f
Subject "' 5 °'a
Parties
1 RI PK^�.c Q ]'F}' "Z ^ c, -:_.
Engineering Dept.
Rr s
Ret Series
z.:,
1075 -16
Ret Period
Permanent
Destroy Date
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4/21/2011
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Template: Engineering 123.96% ' Pagesll toll
P ring Englneenng > Number Projects ? Street Projects > ST03 - 01 Bethel Rd 11 (Denton Tap to Freeport) > _Phase A (Denton Tap to Penfolds) > Correspondence > ST0301 A - CS110323
Date
3/23/2011
Number
ST 03 -01 A
Project Name O g t �t ELL
Bethel Rd II, Phase A (Penfolds Ln to i" i
Denton Tap)
Type ;�
Correspondence .. "
Subject
Final acceptance letter
Parties Ntet.5:.'t, :at t
JRJ Paving LP
Ret Series A434y WO)
1075 -16 elPtit-ieg t.P
Ret Period fair due Ours i (}"
Permanent Deltas VC 75729
Destroy Date
11.1 Bethel k t- (Trenton Tap to 1'rnt'okh, Lab (hr,jett SST e3-41 :-s
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