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MA FY 0607-CN070522BID NO. Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS X A S t o CITY OF COPPELL, TEXAS STANDARD FIXED PRICE AGREEMENT FOR THE CONSTRUCTION OF REINFORCED CONCRETE PAVEMENT REPAIRS CITY OF JOPPELL • PURCHASING DEPARTMEN 255 PARKWAY BftLEVARD -,CINPIIELL, TEXAS BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS City of Coppell, Texas This Agreement is made by and between the City of Coppell, Texas, a home -rule municipality - (hereinafter referred to as the "Owner ") and LAUGHLEY BRIDGE AND CONSTRUCTION, INC (hereinafter referred to as the "Contractor ") for construction of REINFORCED CONCRETE PAVEMENT REPAIRS (hereinafter referred to as the "Project "), the Owner and the Contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 THE CONTRACT 1.4 NO PRIVITY WITH OTHERS 1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it. 1.2. THE CONTRACT DOCUMENTS 1.2.1 The Contract Documents consist of this Agreement, the Invitation to Bid, Requirements and Instructions to Bidders, the Specifications, the Drawings, the Project Manual, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following (if any): Documents not enumerated in this Paragraph 1.2.1 are not Contract Documents and do not form part of this Contract. 1.3 ENTIRE AGREEMENT 1.3.1 This Contract, together with the Contractor's performance and payment bonds for the Project, all General Conditions, Special Conditions, Plans and Specifications, and Addenda attached thereto, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Owner and Contractor not expressly made a part hereof. 1.5 INTENT AND INTERPRETATION 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price. 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include ", "includes ", or "including ", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation ". 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non - specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings, the Product Data, and any Plans and Specifications, and shall give wTitten notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties Imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made. Further, the Contractor represents and warrants that it has had a sufficient opportunity to inspect the Project site and assumes any and all responsibility for inadequacies or ambiguities in the plans, drawings or specifications as well as for latent conditions of the site where the work is to be performed. 1.5.8 As between numbers and scaled measurements on the Drawings and in the Design, the numbers shall govern, as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 1.6 OWNERSHIP OF CONTRACT DOCUMENTS 1.6.1 The Contract Documents, and each of them, shall remain the property of the Owner. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Owner's prior written authorization. ARTICLE II THE WORK 2.1 The Contractor shall perform all of the Work required, implied or reasonably inferable from, this Contract. 2.2 WORK 2.2.1 The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance, and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: 2.2.2 The Contractor shall be responsible for paying for and procuring all materials and labor and furnishing all services necessary or appropriate for the full performance of the Work and the for the full completion of the Project. All materials shall be new and materials and workmanship shall be of good quality. Upon request, the Contractor shall furnish satisfactory proof of the type, kind, and quality of materials. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3 BID Q- 0507 -01 ARTICLE III CONTRACT TIME 3.1 TIME AND LIQUIDATED DAMAGES REINFORCED CONCRETE PAVEMENT REPAIRS 3.1.1 The Contractor shall commence the Work within 10 days of receipt of a written Notice to Proceed, and shall achieve Substantial Completion of the Work no later than September 30, 2007 from the date specified in the Notice to Proceed. The parties acknowledge that time is of the essence in the performance of the terms of this Contract. The term "calendar days" shall mean any and all days of the week or month, no days being excepted. "Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy -two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." It is contemplated by the parties that the progress of the Work may be delayed by certain conditions beyond the control of the parties; these delays have been contemplated by the parties and considered in the time allotted for performance specified herein and includes, but is not limited to delays occasioned on account of adverse weather, temporary unavailability of materials, shipment delays, and the presence and potential interference of other contractors who may be performing work at the Project site unrelated to this agreement. The number of calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion, shall constitute the "Contract Time ". 3.1.2 The Contractor shall pay the Owner the sum of $240 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. if and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 3.1.3 In the event that the Contractor achieves certification of substantial completion prior to the scheduled completion date, the Owner shall pay to the Contractor the sum of $_240_ per day for each calendar day that substantial completion is certified in advance of the scheduled completion date. 3.1.4 No claim shall be made by the Contractor to the Owner, and no damages, costs or extra compensation shall be allowed or paid by the Owner to the Contractor for any delay or hindrance from any cause in the progress or completion of the Work or this Contract. The Contractor's sole remedy in the event of any delay or hindrance shall be to request time extensions by written change orders as provided for hereinafter. Should the Contractor be delayed by an act of the Owner, or should the Owner order a stoppage of the Work for sufficient cause, an extension of time shall be granted by the Owner by written authorization upon written application, which extension shall not be unreasonably denied, to compensate for the delay. 3.1.5 The Owner shall have the authority to suspend the Work wholly or in part for such period or periods of time as it may deem appropriate due to unsuitable conditions considered unfavorable for the proper prosecution of the Work or for the failure of the Contractor to carry out instructions from the Owner or Owner's representative. During any period in which the Work is stopped or during which any of the Work is not actively in progress for any reason, Contractor shall properly protect the site and the Work from damage, loss or harm. 3.2 SUBSTANTIAL COMPLETION 3.2.1 "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Owner can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose, even though minor miscellaneous work and/or adjustment may be required. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS 3.3 TIME IS OF THE ESSENCE 3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract. ARTICLE IV CONTRACT PRICE 4.1 THE CONTRACT PRICE 4.1.1 The Owner shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of $300,000 The sum set forth in this Paragraph 4.1 shall constitute the Contract Price which shall not be modified except by written Change Order as provided in this Contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 SCHEDULE OF VALUES 5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the Owner and to the Architect a Schedule of Values allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Architect or the Owner may require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Schedule of Values shall be used only as a basis for the Contractor's .Applications for Payment and shall only constitute such basis after it has been acknowledged and accepted in writing by the Architect and the Owner. 5.2 PAYMENT PROCEDURE 5.2.1 The Owner shall pay the Contract Price to the Contractor as provided below. 5.2.2 PROGRESS PAYAfENTS - Based upon the Contractor's Applications for Payment submitted to the Architect and upon Certificates for Payment subsequently issued to the Owner by the Architect, the Owner shall make progress payments to the Contractor on account of the Contract Price. 5.2.3 On or before the 25th day of each month after commencement of the Work, the Contractor shall submit an Application for Payment for the period ending the 15th day of the month to the Architect in such form and manner, and with such supporting data and content, as the Owner or the Architect may require. Therein, the Contractor may request payment for ninety percent (90 %) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work, less the total amount of previous payments received from the Owner. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values, that the Work has been properly installed or performed in full compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the Architect will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Architect shall determine and certify to the Owner the amount properly owing to the Contractor. The Owner shall make partial payments on account of the Contract Price to the Contractor within thirty (30) days following the Architect's receipt and approval of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Architect less such amounts, if any, otherwise owing by the Contractor to the Owner or which the Owner shall have the right to withhold as authorized by this Contract. The Architect's certification of the Contractor's Application for Payment shall not preclude the Owner from the exercise of any of its rights as set forth in Paragraph 5.3 hereinbelow. 5.2.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the Contractor or any other person or entity whatsoever. L_11 r ter l uPPE LL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS 5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is entitled. In the event the Owner becomes informed that the Contractor has not paid a Subcontractor as herein provided, the Owner shall have the right, but not the duty, to issue future checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor and such Subcontractor as joint payees. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the Owner to repeat the procedure in the future. 5.2.6 No progress payment, nor any use or occupancy of the Project by the owner, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. 5.3 WITHHELD PAYMENT 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of: (g) damage to the Owner or a third party to whom the Owner is, or may be, liable. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand. The Owner shall have no duty to third parties to withhold payment to the Contractor and shall incur no liability for a failure to withhold funds. 5.4 UNFXCUSED FAILURE TO PAY 5.4.1 If within fifteen (15) days after the date established herein for payment to the Contractor by the Owner, the Owner, without cause or basis hereunder, fails to pay the Contractor any amount then due and payable to the Contractor, then the Contractor may after ten (10) additional days' written notice to the Owner and the Architect, and without prejudice to any other available rights or remedies it may have, stop the Work until payment of those amounts due from the Owner have been received. Late payments shall not accrue interest or other late charges. 5.5 SUBSTANTIAL COMPLETION (a) defective Work not remedied by the Contractor nor, in the opinion of the Owner, likely to be remedied by the Contractor; (b) claims of third parties against the Owner or the Owner's property; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price, (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; 5.5.1 When the Contractor believes that the Work is substantially complete, the Contractor shall submit to the Architect a list of items to be completed or corrected. When the Architect on the basis of an inspection determines that the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Guarantees required by the Contract shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. Upon Substantial Completion of the Work, and execution by both the Owner and the Contractor of the Certificate of Substantial Completion, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100 %) of the Contract Price less CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS three hundred percent (300°/x) of the reasonable cost as determined by the Owner and the Architect for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling all unsettled claims. 5.6 COMPLETION AND FINAL PAYMENT 5.6.1 When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Architect will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. Architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Architect or the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within ten (10) days of the Architect's execution of a final Certificate for Payment. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment. 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed therefor by the Architect in its Certificate of Substantial Completion, the Contractor shall pay the Owner the sum set forth hereinabove as liquidated damages per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind. ARTICLE VI THE OWNER 6.1 INFORMATION, SERVICES AND THINGS REQUIRED FROM OWNER 6.1.1 The Owner shall furnish to the Contractor, at the time of executing this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS shall have no liability therefor. The Owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the Project site. 6.1.2 Excluding permits and fees normally the responsibility of the Contractor, the Owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The Owner shall furnish the Contractor, free of charge, one copy of the Contract Documents for execution of the Work. 6.2 RIGHT TO STOP WORK 6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, or if the best interests of the public health, safety or welfare so require, the Owner may order the Contractor to stop the Work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the Owner orders that Work be resumed. In such event, the Contractor shall immediately obey such order. 6.3 OWNER'S RIGHT TO PERFORM WORK 63.1 If the Contractor's Work is stopped by the Owner under Paragraph 6.2, and the Contractor fails within seven (7) days of such stoppage to provide adequate assurance to the Owner that the cause of such stoppage will be eliminated or corrected, then the Owner may, without prejudice to any other rights or remedies the Owner may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the Architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the Contract Price is insufficient to cover the amount due the Owner, the Contractor shall pay the difference to the Owner. ARTICLE VII THE CONTRACTOR 7.1 The Contractor is again reminded of its continuing duty set forth in Subparagraph 1.5.7. The Contractor shall perform no part of the Work at any time without adequate Contract Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The Contractor shall perform the Work strictly in accordance with this Contract. 7.3 The Contractor shall supervise and direct the Work using the Contractors best skill, effort and attention. The Contractor shall be responsible to the Owner for any and all acts or omissions of the Contractor, its employees and others engaged in the Work on behalf of the Contractor. 7.3.1 The Contractor shall give adequate attention to the faithful prosecution of the Work and the timely completion of this Contract, with authority to determine the manner and means of performing such Work, so long as such methods insure timely completion and proper performance. 7.3.2 The Contractor shall exercise all appropriate means and measures to insure a safe and secure jobsite in order to avoid and prevent injury, damage or loss to persons or property. 7.4 WARRANTY 7.4.1 The Contractor warrants to the Owner that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first -class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS 7.5 The Contractor shall obtain and pay for all permits, fees and licenses necessary and ordinary for the Work. The Contractor shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required by applicable law pertaining to the Work. 7.6 SUPERVISION 7.6.1 The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Absent written instruction from the Contractor to the contrary, the superintendent shall be deemed the Contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the Owner or the Architect. 7.6.2 Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assume one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 7.6.2 as though such individuals had been listed above. 7.7 The Contractor, within fifteen (15) days of commencing the Work, shall submit to the Owner and the Architect for their information, the Contractor's schedule for completing the Work. The Contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project. Each such revision shall be furnished to the Owner and the Architect. Failure by the Contractor to strictly comply with the provisions of this Paragraph 7.7 shall constitute a material breach of this Contract. 7.8 The Contractor shall continuously maintain at the site, for the benefit of the owner and the Architect, one record copy of this Contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the Contractor shall maintain at the site for the Owner and Architect the approved Shop Drawings, Product Data, Samples and other similar required submittals. Upon final completion of the Work, all of these record documents shall be delivered to the Owner. 7.9 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 7.9.1 Shop Drawings, Product Data, Samples and other submittals from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 7.9.2 The Contractor shall not perform any portion of the Work requiring submittal and review of Shop Drawings, Product Data or Samples unless and until such submittal shall have been approved by the Architect. Approval by the Architect, however, shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. 7.10 CLEANING THE SITE AND THE PROJECT 7.10.1 The Contractor shall keep the site reasonably clean during performance of the Work. Upon final completion of the Work, the Contractor shall clean the site and the Project and remove all waste, rubbish, temporary structures, and other materials together with all of the Contractor's property therefrom. Contractor shall dispose of all refuse at a Texas Natural Resource Conservation Commission approved landfill. The Contractor shall further restore all property damaged during the prosecution of the Work and shall leave the site in a clean and presentable condition. No additional payment shall be made by the Owner for this work, the compensation having been considered and included in the contract price. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS 7.11 ACCESS TO WORK AND INSPECTIONS 7.1 1.1 The Owner and the Architect shall have access to the Work at all times from commencement of the Work through final completion. The Contractor shall take whatever steps necessary to provide access when requested. When reasonably requested by the Owner or the Architect, the Contractor shall perform or cause to be performed such testing as may be necessary or appropriate to insure suitability of the jobsite or the Work's compliance with the Contract requirements. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." 7.12 INDEMNITY AND DISCLAIMER 7.12.1 OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, DEFENDED, HELD HARMLESS AND RELEASED BY CONTRACTOR FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE CONTRACTOR, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF OWNER, WITHOUT, HOWEVER, WAIVING ANY GOVERN - MENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNI-FI CATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF THE CONTRACTOR'S AS WELL AS THE OWNER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE. 7.12.2 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and non - contributory as to any insurance maintained by the Owner for its own benefit, including self - insurance. In addition, Contractor shall obtain and file with Owner City of Coppell a Standard Certificate of Insurance and applicable policy endorsement evidencing the required coverage and naming the owner City of Coppell as an additional insured on the required coverage. 7.12.3 In claims against any person or entity indemnified under this Paragraph 7.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 7.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 7.13 NONDISCRIMINATION 7.13.1 The Contractor shall not discriminate in any way against any person, employee or job applicant on the basis of race, color, creed, national original, religion, age, sex, or disability where reasonable accommodations can be effected to enable the person to perform the essential functions of the job. The Contractor shall further insure that the foregoing nondiscrimination requirement shall be made a part and requirement of each subcontract on this Project. 7.14 PREVAILING WAGE RATES 7.14.1 The Contractor shall comply in all respects with all requirements imposed by any laws, ordinances or resolutions applicable to the Project CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS with regard to the minimum prevailing wage rates for all classes of employees, laborers, subcontractors, mechanics, workmen and persons furnishing labor and services to the Project. The City of Coppell has adopted a Prevailing Wage Rate Schedule, available to the Contractor by request, which specifies the classes and wage rates to be paid to all persons. The Contractor shall pay not less than the minimum wage rates established thereby for each class, craft or type of labor, workman, or mechanic employed in the execution of this Contract. The failure of the Contractor to comply with this requirement shall result in the forfeiture to the City of Coppell of a sum of not less than Sixty Dollars ($60.00) for each person per day, or portion thereof, that such person is paid less than the prevailing rate. Upon request by the Owner, Contractor shall make available for inspection and copying its books and records, including but not limited to its payroll records, account information and other documents as may be required by the Owner to insure compliance with this provision. 7.15 JOB SITE SAFETY PRECAUTIONS 7.15.1 The Contractor shall at all times exercise reasonable precautions for the safety of its employees, laborers, subcontractors, mechanics, workmen and others on and near the jobsite and shall comply with all laws, ordinances, regulations, and standards of federal, state and local safety laws and regulations. The Contractor shall provide such machinery guards, safe walk -ways, ladders, bridges, and other safety devices as may be necessary or appropriate to insure a safe and secure jobsite and shall require its subcontractors to comply with this requirement. The Contractor shall immediately comply with any and all safety requirements imposed by the Architect during the progress of the Work. shall be in compliance with and conform to the manual and specifications for the uniform system of traffic control devices adopted by the Texas Department of Transportation. 7.17 PROTECTION OF UTILITIES AND OTHER CONTRACTORS 7.17.1 The Contractor shall use best efforts to leave undisturbed and uninterrupted all utilities and utility services provided to the jobsite or which presently exists at, above or beneath the location where the Work is to be performed. In the event that any utility or utility service is disturbed or damaged during the progress of the Work, the Contractor shall forthwith repair, remedy or restore the utility at Contractor's sole expense. 7.17.2 The Contractor understands and acknowledges that other contractors of the Owner or of other entities may be present at the jobsite performing other work unrelated to the Project. The Contractor shall use best efforts to work around other contractors without impeding the work of others while still adhering to the completion date established herein. In the event that the Contractor's work is or may be delayed by any other person, the Contractor shall immediately give notice thereof to the Architect and shall request a written Change Order in accordance with the procedures set forth by this Contract. The Contractor's failure to provide such notice and to request such Change Order shall constitute a waiver of any and all claims associated therewith. ARTICLE VIII CONTRACT ADMINISTRATION 7.16 WARNING DEVICES AND BARRICADES 7.16.1 The Contractor shall furnish and maintain such warning devices, barricades, lights, signs, pavement markings, and other devices as may be necessary or appropriate or required by the Architect to protect persons or property in, near or adjacent to the jobsite, including . No separate compensation shall be paid to the Contractor for such measures. Where the Work is being conducted in, upon or near streets, alleys, sidewalks, or other rights -of -way, the Contractor shall insure the placement, maintenance and operation of any and all such warning devices as may be required by the City of Coppell and shall do so until no longer required by the City. Such devices 8.1 THE ARCHITECT 8.1.1 When used in this Contract the term "Architect" does not necessarily denote a duly licensed, trained or certified architect; as used herein, the term shall be used interchangeably and shall mean a designated Architect, Engineer, or Contract Administrator (who may not be an architect or engineer) for the Owner, said person to be designated or redesignated by the Owner prior to or at any time during the Work hereunder. The Architect may be an employee of the Owner or may be retained by the Owner as an independent contractor but, in either event, the Architect's duties and authority shall be as set forth hereinafter. The Contractor understands and CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS agrees that it shall abide by the decisions and instructions of the Architect notwithstanding the contractual relationship between the Owner and Architect. All of the Owner's instructions to the Contractor shall be through the Architect. In the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement Architect and the status of the replacement Architect shall be that of the former Architect. 8.2 ARCHITECT'S ADMINISTRATION 8.2.1 The Architect, unless otherwise directed by the Owner in writing, will perform those duties and discharge those responsibilities allocated to the Architect as set forth in this Contract. The Architect shall be the Owner's representative from the effective date of this Contract until final payment has been made. 8.2.2 The Owner and the Contractor shall communicate with each other in the first instance through the Architect. 8.2.3 The Architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Architect shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on request of the Contractor. 8.2.4 The Architect will review the Contractor's Applications for Payment and will certify to the Owner for payment to the Contractor, those amounts then due the Contractor as provided in this Contract. 8.2.5 The Architect shall have authority to reject Work which is defective or does not conform to the requirements of this Contract. If the Architect deems it necessary or advisable, the Architect shall have authority to require additional inspection or testing of the Work for compliance with Contract requirements. 8.2.6 The Architect will review and approve, or take other appropriate action as necessary, concerning the Contractor's submittals including Shop Drawings, Product Data and Samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the Contract Documents. 8.2.7 The Architect will prepare Change Orders and may authorize minor changes in the Work by Field Order as provided elsewhere herein. 8.2.8 The Architect shall, upon written request from the Contractor, conduct inspections to determine the date of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records, written warranties and related documents required by this Contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract. 8.2.9 The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of this Contract. 8.3 CLAIMS BY THE CONTRACTOR 8.3.1 The Architect shall determine all claims and matters in dispute between the Contractor and Owner with regard to the execution, progress, or sufficiency of the Work or the interpretation of the Contract Documents, including but not limited to the plans and specifications. Any dispute shall be submitted in writing to the Architect within seven (7) days of the event or occurrence or the first appearance of the condition giving rise to the claim or dispute who shall render a written decision within a reasonable time thereafter. The Architect's decisions shall be final and binding on the parties. In the event that either party objects to the Architect's determination as to any submitted dispute, that party shall submit a written objection to the Architect and the opposing party within ten (10) days of receipt of the Architect's written determination in order to preserve the objection. Failure to so object shall constitute a waiver of the objection for all purposes. 8.3.2 Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in accordance with this Contract. 8.3.3 CLAIMS FOR CONCEALED, LATENT OR UNKNOWN CONDITIONS - The Contractor expressly represents that it has been provided with an adequate opportunity to inspect the Project site and thoroughly review the Contract Documents and plans and specifications prior to submission of its bid and the (A rY M' COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS Owner's acceptance of the bid. Subject to the conditions hereof, Contractor assumes full responsibility and risk for any concealed, latent or unknown condition which may affect the Work. No claims for extra work or additional compensation shall be made by Contractor in connection with concealed, latent or unknown conditions except as expressly provided herein. Should concealed, latent or unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within seven (7) days after the first observance of the condition. As a condition precedent to the Owner having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the Owner and the Architect written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed, latent or unknown condition and the Contractor thereby assumes all risks and additional costs associated therewith. 8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefor, the Contractor shall give the Architect written notice of such claim within seven (7) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the Contractor before proceeding to execute any additional or changed Work. The failure by the Contractor to give such notice and to give such notice prior to executing the Work shall constitute a waiver of any claim for additional compensation. 8.3.4.1 In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's costs shall be strictly limited to direct costs incurred by the Contractor and shall in no event include indirect costs or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third parties, including Subcontractors. The Owner shall not be liable to the Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act or neglect on the part of the Owner. 8.3.5 CLAIMS FOR ADDITIONAL TIME - If the Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the Owner or someone acting in the Owner's behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipated, fire or any causes beyond the Contractor's control, then the date for achieving Substantial Completion of the Work shall be extended upon the written notice and claim of the Contractor to the Owner and the Architect, for such reasonable time as the Architect may determine. Any notice and claim for an extension of time by the Contractor shall be made not more than seven (7) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the Project. In the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the Contractor fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be waived. The procedures and remedies provided by this provision shall be the sole remedy of Contractor and Contractor shall not assert nor be entitled to any additional delays or damages associated therewith. 8.4 FIELD ORDERS 8.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or in Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field Orders promptly. 8.5 MEDIATION 8.5.1 In the event that a dispute arises under the terms of this Contract, following an adverse determination by the Architect and proper preservation of the issue as required herein, the parties agree to submit to mediation. In such event, the parties shall agree to a designated person to serve f-.i IV ur CvPP@ LL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS as mediator and each party shall be responsible for payment of one -half of the total mediation fees. The parties shall submit the dispute to mediation as soon as practical and in no event later than one (1) year after the Architect's written decision on the matter. At least one designated representative of each party must attend and participate in good faith in an effort to resolve the matters in dispute. 8.5.2 In no event shall the foregoing provision justify or authorize any delay in the progress of the Work; the parties shall abide by the decision of the Architect in accomplishing the timely completion of the Project. ARTICLE 1X SUBCONTRACTORS 9.1 DEFINITION 9.1.1 A Subcontractor is an entity which has a direct contract with the Contractor to perform a portion of the Work. No Subcontractor shall be in privity with the Owner. 9.2 AWARD OF SUBCONTRACTS 9.2.1 Upon execution of the Contract, the Contractor shall furnish the Owner, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on the Project. The Owner shall promptly reply to the Contractor, in writing, stating any objections the Owner may have to such proposed Subcontractor. The Contractor shall not enter into a subcontract with a proposed Subcontractor with reference to whom the Owner has made timely objection. The Contractor shall not be required to subcontract with any party to whom the Contractor has objection. 9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights afforded to the Owner by Subparagraph 12.2.1 below. All subcontracts shall incorporate by reference the provisions hereof and shall provide that no claims, causes or demands shall be made by any Subcontractor against the Owner. 9.2.3 The Contractor shall indemnify, defend and hold harmless the Owner from and against any and all claims, demands, causes of action, damage, and liability asserted or made against the Owner by or on behalf of any Subcontractor. ARTICLE X CHANGES IN THE WORK 10.1 CHANGES PERMITTED 10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order or by Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes. 10.2 CHANGE ORDER DEFINED 10.2.1 Change Order shall mean a written order to the Contractor executed by the Owner and the Architect, issued after execution of this Contract, authorizing and directing a change in the Work or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The Contract Price and the Contract Time may be changed only by written Change Order. 10.3 CHANGES IN THE CONTRACT PRICE 10.3.1 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the Owner and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the Owner and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the Owner and the Contractor as contemplated in Subparagraph 10.3.1 above, the change in the Contract Price, if any, shall then be determined by the Architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the Work attributable to the change, including, in the case of an increase or decrease in the Contract Price, CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS a reasonable allowance for direct job site overhead and profit. In such case, the Contractor shall present, in such form and with such content as the Owner or the Architect requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order. Reasonable expenditures or savings shall be limited to the following: reasonable costs of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the Contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the Work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In no event shall any expenditure or savings associated with the Contractor's home office or other non - jobsite overhead expense be included in any change in the Contract Price. Pending final determination of reasonable expenditures or savings to the Owner, payments on account shall be made to the Contractor on the Architect's Certificate for Payment. 10.33 If unit prices are provided in the Contract, and if the quantities contemplated are so changed in a proposed Change Order that application of such unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or to the Contractor, the applicable unit prices shall be equitably adjusted. 10.4 MINOR CHANGES 10.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the owner and the Contractor. The Contractor shall promptly carry out such wTitten Field Orders. 10.5 EFFECT OF EXECUTED CHANGE ORDER 10.5.1 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 10.6 NOTICE TO SURETY; CONSENT 10.6.1 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the Contractor's surety or by law. The Contractor's execution of the Change Order shall constitute the Contractor's warranty to the Owner that the surety has been notified of and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. "- 8 11 # rowsv UNCOVERING AND CORRECTING WORK 11.1 UNCOVERING WORK 11.1.1 If any of the Work is covered contrary to the Architect's request or to any provisions of this Contract, it shall, if required by the Architect or the Owner, be uncovered for the Architect's inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2 If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the Architect or Owner, be uncovered for the Architect's inspection. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the Owner. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper replacement. 11.2 CORRECTING WORK 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the Architect as defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated with correcting such rejected Work, including any additional testing and inspections, and reimbursement CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS to the Owner for the Architect's services and expenses made necessary thereby. 11.2.2 If within one (1) year after Substantial Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the Owner. This obligation shall survive final payment by the Owner and termination of this Contract. With respect to Work first performed and completed after Substantial Completion, this one year obligation to specifically correct defective and nonconforming Work shall be extended by the period of time which elapses between Substantial Completion and completion of the subject Work. 11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 OWNER MAY ACCEPT DEFECTIVE OR NONCONFORMING WORK 11.3.1 If the Owner chooses to accept defective or nonconforming Work, the Owner may do so. In such event, the Contract Price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for its acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming Work. ARTICLE XII CONTRACT TERMINATION 12.1 TERMINATION BY THE CONTRACTOR 12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon ten (10) days' written notice to the Owner and the Architect, terminate performance under this Contract and recover from the Owner payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of any such items. 12.1.2 If the Owner shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the Architect and the Owner. In such event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph 12.2.1 hereunder. 12.2 TERMINATION BY THE OWNER 12.2.1 FOR CONVENIENCE 12.2.1.1 The Owner may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the Owner or its designee. 12.2.1.3 The Contractor shall transfer title and deliver to the Owner such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS 12.2.1.4 (a) The Contractor shall submit a termination claim to the Owner and the Architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Architect. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with subparagraph (c) below. (b) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (c) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this Contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages), provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 12.2.1.2 of - this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 FOR CA USE 12.2.2.1 If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a timely manner, abandons the jobsite and fails to resume work within five (5) days of written notice thereof by the Owner, fails to grant or allow access to the jobsite by the Owner or Architect, fails to supply enough properly skilled workers, supervisory personnel or proper equipment or materials, fails to make prompt payment to Subcontractors or for materials or labor, persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a material provision of this Contract, then the Owner may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 12.2.2.2 If the unpaid balance of the Contract Price does not exceed the cost of finishing the work, including compensation for the Architect's additional services and expenses made necessary thereby, such difference shall be paid by the Contractor to the Owner. This obligation for payment shall survive the termination of the Contract. 12.2.2.3 In the event the employment of the Contractor is terminated by the Owner for cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1 shall apply. t I I t ur LvrrrLL • rURUHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17 BID Q- 0507 -01 ARTICLE XIII INSURANCE 13.1 CONTRACTOR SHALL MAINTAIN INSURANCE REINFORCED CONCRETE PAVEMENT REPAIRS 13.1.1 The Contractor at his own expense shall purchase, maintain and keep in force during the life of this contract, adequate insurance that will protect the Contractor and/or any Additional Insured from claims which may arise out of or result from operations under this contract. The insurance required shall provide adequate protections from all claims, whether such operations be by the Contractor or by any Additional Insured or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them may be liable and from any special hazards, such as blasting, which may be encountered in the performance of this contract in the amounts as shown below in Paragraph 13.2.1. 13.1.2 The Contractor shall not commence work on any Contract in the City of Coppell until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the City. 13.2 TYPES AND AIOL'NTS OF CONTRACTOR'S INSURANCE 13.2.1. The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Type of Insurance Amount Worker's Compensation as set forth in the Worker's Compensation Act. Commercial General $1.000,000 Each Accident/Occurrence - Liability (Public) $1,000,000 Aggregate $1,000,000 Products & Completed Operations Aggregate. Owner's Protective $600,000 per occurrence Liability Insurance $1,000,000 aggregate Excess/Umbrella Liability $1,000,000 per occurrence w /drop down coverage Endorsement CG 2503 Amendment Aggregate Limit of Insurance per Project or Owner's and Contractor's Protective Liability Insurance for the Project. Automobile Liability $500,000 Combined single limit per occurrence. 13.3 ADDITIONAL INSURED The Owner shall be named as an additional insured on the Commercial General Liability (Public), Owner's Protective Liability, and Excess/Umbrella Liability Insurance Policies furnished by the Contractor. 13.4 WRITTEN NOTIFICATION Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non - renewal or any material change in coverage, a notice there of shall be given by certified mail to the Division of Purchasing, City of Coppell, 255 Parkway Blvd., Coppell, Texas, 75019. 13.5 PREMIUMS AND ASSESSMENTS Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. 13.6 CERTIFICATE OF INSURANCE Proof that the insurance is in force shall be furnished to the City on City of Coppell Standard Certificate of Insurance Forms. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the City of Coppell, the contractor shall furnish the City proof of identical continued coverage no later than thirty(30) days prior to the expiration date shown on the Certificate of Insurance. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS 13.7 PRIMARY COVERAGE (6) notify the governmental entity in writing The coverages provided herein shall be primary and by certified mail or personal delivery, noncontributory with any other insurance maintained within 10 days after the contractor knew by the City of Coppell, Texas, for its benefit, or should have known, of any change that including self insurance. materially affects the provision of coverage of any person providing services 13.8 WORKER'S COMPENSATION on the project; INSURANCE COVERAGE (7) post a notice on each project site informing all persons providing services 13.8.1 The Contractor shall: on the project that they are required to be (l) provide coverage for its employees covered, and stating how a person may providing services on a project, for the verify current coverage and report failure duration of the project based on proper to provide coverage. This notice does not reporting of classification codes and satisfy other posting requirements imposed by the Act or other commission payroll amounts and filing of any rules. This notice must be printed with a coverage agreements; title in at least 30 point bold type and text (2) provide a certificate of coverage showing in at least 19 point normal type, and shall workers' compensation coverage to the be in both English and Spanish and any governmental entity prior to beginning other language common to the worker work on the project; population. The text for the notices shall be the following text provided by the Q) provide the governmental entit prior to Texas Worker's Compensation Comm - the end of the coverage period, a new fission on the sample notice, without any certificate of coverage showing extension additional words or changes: of coverage, if the coverage period shown on the contractor's current certificate of REQUIRED WORKERS' COMPENSATION _ . coverage ends during the duration of the COVERAGE project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (H) contractually require each other person with whom it contracts, to perform as required by sub- paragraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the Contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and ARTICLE XIV MISCELLANEOUS 14.1 LAWS AND ORDINANCES 14.1.1 The Contractor shall at all times and in all respects observe and comply with all federal, state and local laws, ordinances, and regulations applicable to the Project and Work. The Contractor shall further insure that all Subcontractors observe and comply with said laws, ordinances and regulations. 14.2 GOVERNING LAW 14.2.1 The Contract shall be governed by the laws of the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Work to be performed hereunder shall be in the courts of Dallas County, Texas. 14.3 SUCCESSORS AND ASSIGNS 14.3.1 The Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the Owner. 14.4 SURETY BONDS 14.4.1 If the Contract Price exceeds the sum of $25,000.00, the Contractor shall furnish separate performance and payment bonds to the Owner, according to the requirements set out in the bid documents and state statutes to guaranty full and faithful performance of the Contract and the full and final payment of all persons supplying labor or materials to the Project. Each bond required by the bid documents or state statute shall set forth a penal sum in an amount not less than the Contract Price. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner and authorized to do business in the State of Texas by the State Board of Insurance. 14.4.2 If the Contract Price exceeds the sum of $25,000.00, the Contractor, upon execution of the Contract and prior to commencement of the Work, shall furnish to the Owner a two -year maintenance bond in the amount of one hundred percent (100 %) of the Contract Price covering the guaranty and maintenance prescribed herein, written by an approved surety authorized and duly licensed to conduct business in the State of Texas. The cost of said maintenance bond shall be included in the Contractor's unit bid prices and shall be paid by the Contractor. 14.5 SEVERABILITY 14.5.1 The provisions of this Contract are herein declared to be severable: in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not be included herein. 14.6 AMENDMENTS 14.6.1 This Contract may be amended by the parties only by a written agreement duly executed by both parties. The failure of the Owner to object to any nonperformance or nonconforming work or to enforce any provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of any term or provision in this Contract, nor shall such failure to object or enforce estop the Owner from insisting on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of such nonperformance or nonconforming work. 14.7 NOTICES 14.6.1 All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party or Architect at the address set forth herein or set forth in a written designation of change of address delivered to all parties and the Architect. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS EXECUTED in single or multiple originals, this �i day of 20�. CITY OF COPPELL CONTRACTOR: LAUGHLEY BRIDGE AND CONSTRUCTION, INC. ATTEST: Libby Bal Ity Secretary C (�- - EP4 (Signature) <�o L, t��- �- - L - ^NA( - /0LCV �n �� �� - k (Type /Print Name and Title) T.0— 3,, {236c)C) (Street Address) —, I ^� (City /State /Zip) CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22 BID Q- 0507 -01 REINFORCED CONCRETE PAVEMENT REPAIRS CORPORATE ACKNOWLEDGMENT THE STATE OF —r e(CLS COUNTY OF fCiC.+< BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared: (Print Name) ("Print Title) of f, W - tj „R 6'Lc kuf.% y Ju G the Contractor designated hereinabove, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he executed the same as the act and deed of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY IjA D S L OF OFFICE this the l� day of t , A.D., 200 - 7 STEPHANIE D. SALDIVAR / NOTARY PUBLIC �'�dd�J �.J • ��- 1G��(( STATE OF TEXAS _ F Comm. Exp, 05.12.2008 Notary Publi I W _ � ` III mp-M-1wrl In and For e-Q-I- County, - -- My Commission expires: THF. STATE OF TEXAS COUNTY OF DALLAS CITY MANAGER'S ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly -- authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he /she executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this f3 day of A.D., 200 Notary Public In and for the to of Texas My Commission expires: 6 -//- Notary P(03l c: state of i xas Comm. Expires 05 -11 -2006 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A312 Payment Bond Bond # 6421129 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): Laughley Bridge & Construction Inc 1593 Hunterglenn Drive Aledo, Texas 76008 -2892 SURETY (Name and Principal Place of Business): First National Insurance Company of America Safeco Plaza Seattle, Washington 98124 OWNER (Name and Address): _ City of Coppell Purchasing Department 255 Parkway Boulevard Coppell, TX 75019 CONSTRUCTION CONTRACT Date: June 7, 2007 Amount: TWO HUNDRED SEVENTY -EIGHT THOUSAND AND NO /100THS Dollars ($278,000.00) Description (Name and Location): Annual Concrete Contract, Coppell BOND Date (Not earlier than Construction Contract Date): 6/14/2007 Amount: TWO HUNDRED SEVENTY -EIGHT THOUSAND AND NO /100THS Dollars ($278,000-00) Modifications to this Band: X None [....I See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Laughley Bridge ,& Constr ction Inc Signature: Name and Tit e,: E _ L At4.i WLi y (Any additional signatures appear on page 6) SURETY Company: (Corporate Seal) First National Ins ranee Company o merica Signature: -- Name and Title: Diana K, Willis Ateorney- in- Fact (FOR INFORMATION ONLY —Name, Address and Telephone) _ AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or IBTX Risk Services other party): 8701 Beford Euless Road #450 Hurst, TX 76053 — (800) 880 -6689 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA Q1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -11MI4 4 THIRD PRINTING 9 MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment directly or indirectly. for all sums due 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- _ tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Band. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.23, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A712 • PERFORMAN(I BOND AND PAYMI N1 BOND • DEC FMRFR 1984H) • AIA' 1 1-11 AMFRI( AN INSTITUTE Of ARCHITECTS. 1714 NFSk YORK V\ I _ N 44' W ASNINC.TON, D( 200tH, 1312'1984 5 'H1RD PRINIIN(; • MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond_ 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Company: Signature: Name and Title: Address: Signature: Name and Title: Address: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Corporate Seal) Company: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -19M 6 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Bond # 6421129 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Laughley Bridge & Construction Inc 1593 Hunterglenn Drive Aledo, Texas 76008 -2892 SURETY (Name and Principal Place of Business): First National Insurance Company of America Safeco Plaza Seattle, Washington 98124 OWNER (Name and Address): City of Coppell Purchasing Department 255 Parkway Boulevard Coppell, TX 75019 CONSTRUCTION CONTRACT Date: June 7, 2007 Amount: TWO HUNDRED SEVENTY -EIGHT THOUSAND AND NO /100THS Dollars ($278,000.00) Description (Name and Location): Annual Concrete Contract, Coppell BOND Date (Not earlier than Construction Contract Date): 6/14/2007 Amount: TWO HUNDRED SEVENTY -EIGHT THOUSAND AND NO /100THS Dollars ($278,000.0 Modifications to this Bond: lk None (_] See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: {Corporate Seal) Laughley Brid a n Co strut ' n Inc First National I surancr, Company erica Signature: " ` Signature: 1 g Name and Title: G� � lac 11.11 - � (�cj Name and Title: Diana K. Willis / Attornel -I6 -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or IBTX Risk Services other party): 8701 Beford Euless Road #450 Hurst, TX 76053 (508) 650 -8890 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA •a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N W., WASHINGTON, D.C. 20006 A312 -1984 1 THIRD PRINTING - MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conterences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contra( for and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, it any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construe - lion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals trom qualified contractors acceptable to the Owner tot a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds exe( uted by a qualified surety equivalent to the bonds Issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph b in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or 4.4 Waive its right to perform and (omplete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circ umstanc es: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those: of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non- perlor- manc e of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract I'rice shall not be reduced or sett off on account of any such unrelated obligations. No right of action shall accrue can this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change:, in( lad- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation ivail- AIA DOCUMENT A312 • PERFORMANCE BOND AN[) PAYMENT BOND • DECEMBER 1984 ED. - AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 17.3', NEW YORK A\1 , N.W.. WASHINGTON. D_ , 21M06 A312 -19U 2 1HIRD PRINTING • %4AR(H 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the _ Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None CONTRACTOR AS PRINCIPAL Company: SURETY (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA x THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 3 THIRD PRINTING • MARCH 1987 POWER First National Insurance Company of America OF ATTORNEY Safeco Plaza Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: No. 9199 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint * * * * * *MONICA CAMPOS; CLARK D. FRESHER; BRYAN K. MOORE; PAT J. MOORE; GARY W. WHEATLEY; San Antonio, Texas; BECKY L. BRANUM; WILLIAM B. CADENHEAD; MICHAEL D. HENDRICKSON; DIANA K. WILLIS; Hurst, Texas * * * * * * * * * * * * ** its true and lawful attorney(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 11th day of April 2006 STEPHANIE DALEY- WA SECRETARY MI P ETERS, PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or _ evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and _ (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley- Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attomuy issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in iull force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal 94aid corporation this day of Zjrjt//U STEPHANIE DALEY- WATSON, SECRETARY S- 1049/DF 4/05 Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF SAFECO' r9a State of Texas Surety Bond Claim Notice In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PI_ NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34754 Seattle, WA 98124 Phone: (425) 376 -6535 Fax: (425) 376 -6533 DATE (MM /DD/YYYY) ACO - CERTIFICATE OF LIABILITY INSURANCE 6/18/2007 j PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bradle Insurance A enc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Y g Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1415 Summit Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76102 817-332-8288 - _ _ _ INSURERS AFFORDING C OVERAG E -_ _ NAIC# - _J INSURED Laughley Bridge & Construction, Inc. INSURERA Dallas National Ins urance Co. Laughley, Charles INSURERB Gre - T _Co. . Mutual__ P.O. Box 123800 INSURER C Unitrin Fort Worth, TX 76121 INSURER D_: T e xa s_- M u t ual _ Ins . CO_.__ 817/ 401 -3306 INSURER E: CnVFRAC,FR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH P AG LIM SHOW MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR oD•L i POLICY EFFECTIVET F OLICY EXPIRATION LTR NSRO TYPE OF INSURANCE POLICY NUMBER DATE MM /DD/YY DATE MM /DDlYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11 000'000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occu rence__ - $ Y CLAIMS MADE C OCCUR - � • MED EXP (Any one person) $ 5 OOO , PERSONAL& ADV INJURY $ 1, 000,00 DG4054383 2/5/2007 2/5/2008 1 � GENERAL AGGREGATE - 0 $ 2, 000,000 PRODUCTS - COMP /OPAGG $ 2 GEN'L AGGREGATE LIMIT APPLIES PER I X 1 POLICY PE � I LOC AUTOMOBILE LIABILITY �_—_.. COMBI NED SINGLE LIMIT $ 1, 000,000 ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS X SCHEDULED AUTOS (Per person) B X HIRED AUTOS 542439458983001 2/10/07 2/10/08 BODILY INJURY X NON -OWNED AUTOS (Peraccident) $ - — -- PROPERTY DAMAGE (Per accident) $ GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ $ _ ANY AUTO EA ACC OTHERTHAN - -_ - - --- -- ,-_.- $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY i EACH OCCURREN $ OCCUR CLAIMS MADE AGG $ _ - DEDUCTIBLE — $ RETENTION $ WORKERS COMPENSATION AND X ORY LI TS ER EMPLOYERS'LIABILITY T.SF0001166538 �,.. 3/6/07 �.� 3/6/08 E.L. EACH ACCIDENT _ 500,000 D ANY PROP RIETOR/PARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED' E. D ISEASE - EA EMPLOYE $ 500 E.L. DISEASE - POLICY LIMIT $ 50O 000 I If ves, describe under SPECIAL PROVISIONS below C OTHER Auto Liability 00315197C51,2710 13/5/07 3/5/08 CSI - $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS TE HOLDER City of Coppell 255 Parkway Blvd. Coppell, TX 75019 __ ACORD25(2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE J9 ACORD,. CERTIFICATE OF LIABILITY INSURANCE 6/1 M /D 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bradley Insurance A y 4 y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1415 Summit Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76102 332 -8 � INSURERS AFFORDING COVERAGE NAIC# _817- _ INSURED Laughley Bridge & Construction, Inc. INSURERA Dallas National Insurance Co . Lau hle Charles g y � _ INSU _ B Great Co Mu tual ._ P.O. Box 123800 INSURE c: U -Texas -. -_ _ Fort Worth, TX 76121 INSUR D: Texas-_ Mut ual_ Ins. CO . 817 401-3306 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED B AIMS. _ INSR DD•LT — POLICY NUMBER LTR NsRD TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION DATE MMlDD/YY DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 0 Q QQ X { COMMERCIAL GENERAL LIABILITY - DAMAGE REF1TE6 PREMISES CEa occurence $ _ _ 100 , 0 00 r CLAIMS MADE � OCCUR MED EXP (Any one pe rson) $ 5 00 A � � _ - -- _ _ -- I DG4054383 2/5/2007 2/5/2008 -- PERSONAL &ADV INJURY $ 1 0 1 00,000 GENERAL AGGREGATE $ 2 000 GEN - L AGGREGATE LIMIT APPLIES PER PRODUC - COMP /OP AGG $ 2,0 00 , 000 X POLICY JECOT- I LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000 ANY AUTO (Ea accident) 1 ! ALL OWNED AUTOS BODILY INJURY (Per person) $ B X SCHEDULED AUTOS X' HIRED AUTOS 542439458983001 2/10/07 2/1Q/08 BODILY INJURY -- X NON -OWNED AUTOS (Per accident) $ - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC $ -_ ANY AUTO -- AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY i E OCCURRENCE $ �. OCCUR [ CLAIMS MADE AGGREGATE $ i — — DEDUCTIBLE I $ $ RETENTION $ WORKERS COMPENSATION AND WC TATU- !OTH- X I TORYLIMITS ER E.L. EACH ACC IDENT EMPLOYERS' LIABILITY TSF0001166538 3/6/07 3/6/08 $ rjQQ QQQ D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? - -- - -- --- -- E.L. DISEASE - EA EMPLOYE - -- -- $ _ 50 0 , 0 00 $ rj Q Q Q Q Q If es,describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT C OTHER Auto Liability 00315197C5L2710 3/5/07 1 :3/5/08 CSI - $500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Coppell DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 255 Parkway Blvd. Coppell , TX 75019 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. • AUTHORIZED REPRESENTATIVE ACORD25(2001 /08) ; ©A�ORDCORPORATION - 4988 i� DATE (MM /DDYYYY) ACORD CERTIFICATE OF LIABILIT INSURANCE 6/18/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bradley Insurance A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Y A y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1415 Summit Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76102 817 - 332 -8288 INSURERS AFFORDING C NAIC# INSURED Laughley Bridge & Construction, Inc. INSURER A: Dallas National Ins Co. Laughley, Charles INSURER B Gr Texas Co. M u t ual P.O. Box 123800 1 IN C: Un Fort Worth TX 76121 I I NSURER D Texas _ Mutual Ins -C -- - _ 817/ 401 -3306 INSURER E rnvcaer_Ge THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RED BY PAID CL AIM S. J INSR LTR UD'L.' NsRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE! POLICY EXPIRATION DATE MMJDD/YY DATE MMlDDlYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1�000 PREMISES (Ea occurence) $ 100 , 0 0l ) X - I COMMERCIAL GENERAL LIABILITY +- CLAIMS MADE OCCUR �� I MED EXP (Any one person) $ 5 1 Q 0 0 A I 111 111 --- - DG4054383 2/5/2007 2/5/2008 PERSONAL&ADVINJURY $ 1 ' 000 , 0 00 GENERAL AGGREGATE $ 2 , 000 , 000 j GEN'LAGGREGATELIMIT APPLIES PER PROD UCTS - COMP/OP AGG;$ 2 , 000 , 000 I X POLICY PE j LOC — AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) BODILYINJURY ALL OWNED AUTOS $ X SCHEDULED AUTOS (Per person) X BODILY INJURY B HIRED AUTOS 542439458983001 2/10/07 2/10/08 NON -OWNED AUTOS (Per accident) $ X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY j AUTO ONLY - EA ACCIDENT $ J OTHER THAN EA ACC $ - ANY AUTO �'. AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE I AGGREGATE $ $ $ j DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND X ! ORYL M TS I ER EL EACHACCIDENT - EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERJEXECUTIVE j TSF0001166538 ! 3/6/07 i 3/6/08 $ 5 00,000 - - -- D OFFICER/MEMBER EXCLUDED? E.L. DISEASE - �A EMPLOYE $ 500 , E.L. DISEASE- POLICYLIMfT _ - - $ 500 If YYes,describe under SPECIALPROVISIONSbelow C OTHER Auto Liability i 00315197C5L2710 3/5/07 3/5/08 CSI - $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION C Of Coppell DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 255 Parkway Blvd. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Coppell TX 75019 , IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. • AUTHORIZED REPRESENTATIVE (4orvyl Acl�, .__ ACORD25(2001 /08) 3 I ©ACPRD CORPORATION jifE8 REINFORCED CONCRETE PAVEMENT REPAIRS FY 2006/07 SPECIFICATIONS FOR REINFORCED CONCRETE PAVEMENT REPAIRS 1. All repairs are to be saw cut full depth a minimum of 12" beyond the failure or to the next joint if within 3' and are to be square or rectangular in shape. 2. Complete removal of all pavement within the repair area is to be accomplished leaving clean vertical sides. Damaged vertical sides will be resawed, removed and replaced at the contractor's expense. Limit of pay will only be to the original saw line. Spoils from this activity and subgrade removal will be disposed of off -site at the contractor's expense. Note: When street repair includes curb and gutter repair, the curb and gutter will be paid under the bid item for curb and gutter. Measurement will be per Standard Construction Detail Sheet 2120, i.e., curb and 24" gutter. The remainder of the street repair outside the limits of the curb and gutter repair will be measured and paid under the price per square yard for street repair. Thickness of concrete for curb and gutter repairs will be the same as the thickness of the street repair. 3. Subgrade shall be removed to a depth of 6" below bottom of the existing pavement in the entire repair area and cement treated base (CTB) is to be placed and compacted (to 95% standard proctor density) in place of the removed subgrade. If the removal leaves a void deeper than the 6" requirement, or if unstable material is encountered that has to be removed, then flexbase shall be placed and compacted (to 95% standard proctor density) to bring subgrade up to 6" below bottom of the existing pavement. _ 4. Vertical sides of repair area are to be doweled with #4 bars, epoxy embedded 6" into the sides at 12" centers. A 24" #6 smooth dowel with dowel sleeve will be used at any transverse expansion joint that may be disturbed. See City of Coppell Standard Specifications. 5. Reinforcement steel shall be minimum #3 bar on 18" centers with 30 diameters bar laps. ( #3 - 12" lap) and shall be supported by bar chairs spaced adequately to support the weight of the concrete during placement. 6. Concrete shall consist of Type IIIA Cement Class 'C' Concrete at a rate of 6 sacks per CY and a compressive strength of 3600 PSI at 28 days. After placement of concrete, the entire new concrete section shall receive a coat of approved white pigmented curing compound applied by use of a sprayer capable of producing an even and thorough coverage. Six cylinders shall be obtained for testing on the 7` 14` and 28` day. Testing to be provided by contractor, at the sole expense of the contractor, through a City approved laboratory Pavement may be placed in service if a strength of 3000 PSI is obtained on the 7 or 14 day breaks. If a strength of 3600 PSI is reached on the 7 or 14 day breaks, then no additional test will be required. If the 28 -day break does not obtain 3600 PSI the pavement shall be removed and replaced at the contractor's expense. Page I of 8 - -- CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 REINFORCED CONCRETE PAVEMENT REPAIRS FY 2006/07 7. Construction joints shall be per the City of Coppell Standard Specifications with silicon _ sealer at all joints as well as replacement redwood at transverse expansion joints. If no longitudinal joint is existing on the existing paving, a longitudinal joint will still be required on the new sections of full width paving. S. Any buttons, striping or other traffic control device removed during construction shall be replaced to match pre - existing conditions. 9. A comprehensive traffic control plan is to be submitted for all job sites that is consistent with the TMUTCD for Engineering review. Implementation of the traffic control plan and all traffic control devices necessary for a safe work environment shall be provided at the sole expense of the contractor. No streets will be allowed full closure without a thorough review by the City of Coppell. In general, it should be assumed that the City will not allow full street closures. If a full closure is approved by the City, then at his own cost, the contractor will be required to use a high early strength concrete mix design that will allow traffic back on the road within 24 hours. 10. A 24 -month maintenance bond at 50% of total value, on a form provided by the City, will be provided by the successful bidder. 11. Reference the City of Coppell Standard Construction Details and Subdivision Ordinance for further clarification. 12. All irrigation systems damaged will be repaired to as good or better by the contractor and to the satisfaction of the property owner. It is the contractor's responsibility to obtain utility locations. Any damage to existing utilities will be the sole responsibility of the contractor. Contractor will be responsible for backfilling behind the curb, where curb has been removed and replaced, and sodding the disturbed area with like turf. 13. It will be the responsibility of the contractor to provide written notification to affected _ residents in the vicinity of the repair prior to the beginning of work. Information to be included will be beginning and end dates of project, road closure information - either total or partial, and contact number(s). 14. All items necessary to complete the work including but not limited to testing, pavement markings, traffic control plan, repair of irrigation systems, sodding, etc. are subsidiary to the -. price bid. 15. All the work contained in this contract lies within the city limits of the City of Coppell, Texas and shall be constructed according to the City of Coppell approved construction standards and specifications and the Standard Specifications for Public Works Construction, Fourth Addition and any amendments as adopted by the North Central Texas Council of Governments. Page 2 of 8 — CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 REINFORCED CONCRETE PAVEMENT REPAIRS FY 2006/07 16. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE The City of Coppell is the contracting agency for this construction project. The following statute requires any contracting agency to specify the generally prevailing rate of wages in — contracts that are bid. Vernon's Texas Civil Statutes - Article 5I59a: "Construction of Public Works in State and Municipal or Political Subdivisions, Prevailing Wage Rate to be maintained." Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following rates of wages are paid to various classifications of workers in the locality of this project. Not less than the following hourly rates shall be paid for the various classifications of work _ required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. The hourly rate for legal holiday and overtime work shall be not less than one and one -half (1 & 1/2) times the base hourly rate. The rates specified are journeyman rates. Apprentices may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate not less than 60% of the journeyman's wage as shown. At no time shall a journeyman supervise more than one (1) apprentice. All apprentices shall be under the direct supervision of a journeyman working as a crew. Page 3 of S CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 SECTION I REINFORCED CONCRETE PAVEMENT REPAIRS FY 2006/07 BID SHEET STREET FAILURES Item Description Concrete Thickness Bid Price Per SY I -1 Remove and Replace 6" $56.00 Base Bid Street failures 6 $48.00 list provided I -2 Remove and Replace *Per $1.75 Additional Street failures Additional Thickness Inch of Thickness * Example: 9" Concrete: Base Bid I -1 + 3 times (bid I -2) = Cost SECTION II ALLEY FAILURES Item Description Concrete Bid Price Remove and Replace Curb and Gutter $45.00 Thickness Per SY II -1 Remove and Replace 6 $48.00 Alley failures list provided list provided SECTION III CURB and GUTTER FAILURES Item Description Bid Price Per LF 111 -1 Remove and Replace Curb and Gutter $45.00 failures Measured per Standard Construction Detail Sheet 2120 list provided Number of Calendar Days to Complete the Work: 225 Note: All work must be completed by September 30, 2007. Page 4 of 8 CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 REINFORCED CONCRETE PAVEMENT REPAIRS FY 2006/07 Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General — Conditions. The City of Coppell reserves the right to delete any portion of this project or adjust quantities as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON 12/19/06 Page 5 of 8 -- CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 STREET, ALLEY AND CURB REPAIR LIST STREET REPAIR LIST 1 Ashley /Whispering Hills 30 Street Failure I Ashley - alley entrance 25 Street Failure at alley entrance I Auburn 1 1 Street failure behind median 1 Beltline /Wrangler 1 Street failure (temp. patch done) 1 Dobecka 117 100 Street failure 1 Denton Tap/Wynnpage 30 Broken -one at entrance to Wynnpage I Exchange /Gateway 12 Street failure (temp. patch done) 1 Halifax @ Kingston (e. of alley) 16 Major street failure 1 Halifax � Windham 16 Major street failure I Halifax w. of Kingston 16 Major street failure 1 Halifax 452 16 Street failure (temp. patch done) I Magnolia/Charleston 5 Street failure (temp. patch done) 1 Magnolia/Plantation 9 Street failure (temp. patch done) 1 Magnolia 217 50 Street failure (temp. patch done) I Meadowglen Cir 200,204, 224 81 Street failure 1 Meadowglen;'Parkway l I Street failure (temp. patch done) 1 Parkway Bet. Lodge & Parkview 3 Street failure (temp. patch done) 1 Parkway /Parkview 20 Street failure westbound In (temp. patch done) 1 Royal /Gateview 5 Street failure (temp. patch done) 1 Sandy Lake (E bnd 100 yds W of Meadowglen) 2 Street failure 1 Sandy Lake 300' E. of Heartz 134 Major street failure 1 Whispering Hills 201 11 Concrete failure (temp. patch done) 1 Whispering Hills 208 15 Concrete failure (temp. patch done) 1 Whispering Hills 209 23 Concrete failure (temp. patch done) 1 Woodhurst 418 21 Street failure (needs to be done before curb work) Total Square Yards Priority 1's 663 2 Bethel School. /Swan 22 Street failure (temp. patch done) 2 Bethel School /Heartz 54 Street failure (upgraded from Pr. 3 to 2) 2 Brooks 400 65 Area around manhole 2 Brooks /Harris Intersection 25 Large pothole in concrete 2 Copperstone 402 26 Street failure 2 Cozby /Scott 7 Concrete failure around manholes 2 Crestside 1303 260 Street failure 2 Crestside 1333 62 Street failure 2 Glencrest Cir 406 4 Curb & street broken 2 Hartford 464 26 Street failure 2 Hartford 476 20 Street failure 2 Hunters Ridge 401 38 Street failure -2 spots near address 2 Lakeshore 1233 115 Street failure 2 Lakeshore 1333 507 Street failure 2 Lodge 12 Street failure (Northbound lane) 2 Meadowwood 316 141 Curb sinking/broken (also on Sidewalk Lst) 2 MeadowviewiMoore 48 Street failure (W side of Meadowview Moore)large pothole (temp patch) 2 Mockingbird & Cherrybark 400 Worn concrete causing skidding 2 JRoyal 133 Panels washboarding n. of Gateway 2 Sandy Lake /Denton SW corner 3 Street & Curb & gutter broken /sinking 2 Shady Dale 145 3 Street failure (pothole patched) 2 Southwestern. /Freeport 41 Street failure (temp. patch done) STREET, ALLEY AND CURB REPAIR LIST 2 Town Center E. /Denton Tap 13 Paver & Street repair 2 Willet 28 Sinking alley entrance 2 Willow Springs 248 1000 Major street failure 2 Winding Hollow: /Sandy Lake 48 Street failure I Clearcreek 402 97 Total Square Yards Priority 2's 3,101 3 Bethel School 603 23 Street cracking/broken at approach 3 Dove Cir. 716 4 Street & curb broken /sinking 3 Meadowglen 220 26 Street & curb broken /sinking 3 Mockingbird 124 Street failure (btw Hawk & Allen) 3 Winding Hollow 131 42 Street failure I hummingbird Alley exit onto Willet I I Total Square Yards Priority 3's 219 I Lansdowne Cu, alley entrance to 108 222 Sinking /broken 1 Lodge 310 44 Total Square Yards 1, 2 & 3's 3,983 ALLEY REPAIR LIST 1 Bethel School 822 56 Ponding I Bethel School W. 212 22 Sinking /broken I Cambria 446 11 1 Cardinal 713 (was a priority #3) 66 Sinking /broken I Clearcreek 402 97 Alley entrance needs extra wide apprch I Glen Lakes 623 11 Sinking /temp rep. I Glen Lakes 627 6 Broken /pothole (temp. asphalt patch) I Glenwood 137 333 Sinking /broken (temp. patch done) I Grapevine Creek 1424 4 Sinking broken I Highland Meadow 204 33 Sinking /broken (temp. patch done) I hummingbird Alley exit onto Willet I I Broken (temp. asphalt patch) I Lansdowne Cu, alley entrance to 108 222 Sinking /broken 1 Lodge 310 44 Sinking /broken at drive approach I Lodge 314 22 Major failure needs replacement I Long Meadow 109 2 Broken 1 Meadow Run 211 44 Broken I Newport 171 33 Broken (temp, asphalt patch) I Pepperwood 350 67 Broken at entry I Phillips 454 33 Broken @ dr approach &exit onto Thompson I Phillips 620 3 Broken /pothole I Phillips 624 -632 222 Broken /pothole (temp. asphalt patch) I Phillips 660 6 Broken (temp. asphalt patch) I Pinyon 253 8 Sinkingbroken 1 Pinyon 261 1 Broken /sinking in two parts 1 QuietValley 303 56 Broken (temp. asphalt patch) I Redcedar Way 919 40 Broken (potholes patched) 1 Robin 753 44 Broken 1 Rolling Brook 1018 42 Sinking /broken I Roundrock Cir 1024 27 Sinking /broken I Southern Belle 233 78 Sinking /broken 1 Tealwood @ NW alley entrance I I Broken (pothole patched) 1 Tealwood 251 44 Broken I I Westwood Ct. 336 22 Brokewsinking 1 Woodhurst c+ alley entrance 73 Sinking/broken I Woodhurst 323 33 Sinking'broken at entrance 1 Woodhurst 332 31 Sinking/broken flum needs replacing I Wynnpage 110 40 Sinking /broken (temp. patch done) STREET, ALLEY AND CURB REPAIR LIST CURB REPAIR LIST 1 ICypress Ct 901 9 Total Square Yards Priority 1's 1,904 2 Bluejay 913 67 Sinking broken 2 Cambria 403 3 Broken /sinking 2 Cambria 431 6 Broken 2 Carriage Ct. 204 *Size changed per K.0 I I Sinking /broken flum needs replacing 2 Carrington & Newport 18 Sinking /broken 2 Creek Crossing 1041 7 Broken 2 Glen Lakes 659 -663 22 Sinking /broken 2 Glendale 165 11 Broken (pothole) 2 Grace 573 21 Broken 97 2 MacArthur N. 205 2 Broken (temp. asphalt patch) 2 Mallard 846 -902 4 Broken- failure 2 Meadowood 304 6 Sinking /broken 2 Moore N. 344 44 Sinking /broken 2 Raintree Cir 523 13 Sinking 2 Robin 745 20 Sinking /broken (temp. patch done) 2 Simmons 232 27 Ponding 2 Tara Ct. 202 3 Sinking 2 Tara Ct. 203 2 Broken 2 Willow Springs 433 58 Broken,lsinking (temp. repair done) 2 Wynnpage 138 33 Sinking/cracked Total Square Yards Priority 2's 378 3 Alendale 730 60 Pond ing /c rack ing 3 Carriage Ct. 200 90 Sinking Villawood Ln 700 9 Broken (temp. asphalt patch) 3 Wynnpage 131 33 Cracked Total Square Yards Priority 3's 192 Total Square Yards 1, 2 & 3's 2,474 CURB REPAIR LIST 1 ICypress Ct 901 9 Curb broken 1 Havencrest 627 6 Curb broken 1 Lodge at Parkway 16 Curb broken at subdivision entrance 1 Meadowglen /Parkway 5 Curb sinking/broken 1 Winding Hollow 130 12 Curb & gutter broken/sinking I Woodhurst 418 12 Curb broken 2 Branchwood 141 20 Curb sinking/broken 2 Parkview Pl 432 9 Curb & gutter broken /sinking 2 Sugarberry 824 8 Curb sinking Total Linear Feet Priority 1's & 2's 97