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HomeMy WebLinkAbout2006-210ORDINANCE NO. Zarb ,Z1,O AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL INDEFINITE QUANTITY PUBLIC WORKS CONTRACT FOR THE PURCHASE OF MISCELLANEOUS CONCRETE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516- ANNUAL CONTRACT FOR CONCRETE WORK AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE ESTIMATED AMOUNT OF $1,200,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3516 Floyd Smith Concrete, Inc. $1,200,000 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved; until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 25('day of ,2006. �.m7n PERR McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY EW APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER.CITY ATTOR BY: 3-ORD-Bid 3516 BID 43516 EXHIBIT A DATE: O7/0612006 ANNUAL CONTRACT FOR CONCRETE WORK ITEM:DESCRIPTION OTY UNIT Principal Place of Business VENDOR Floyd Smith Concretre Inc. Denton, TX 1 DOWEL -ON INTEGRAL (WITH ONE 318' STEEL BAR) 1 LF $7.50 2 CONCRETE CURB B GUTTER (WITH FIBERS) A YTO 250' 2876 LF $12,50 B 251'TO 1000' 1162 LF $12,50 C 1001'-5000' 5000 LF $12.00 D 5001'-UP 6000 LF $11.50 3 30' SURMOUNTABLE CURWFIBERS 100 LF $18.00 4 5'CONCRETE SIDEWALK (WITH STEEL) 100 SY $3700 5 4' CONCRETE SIDEWALKIFIBERS A 0-50 SO. YDS. 100 SY $34.00 B 51 TO 100 SO. YDS 100 SY $34.00 C 101 TO 500 SO. YDS. 1 50 Sy $34,00 D 501 TO 1000 SO. YDS 50 SY $33.00 6 CONCRETE MEDIANS PATTERNED 1 Sy $7500 T CONCRETE STEPS 10 SF $2500 8 CONCRETE RIP -RAP AND DRAINAGE FLUMES 6' 5000 SY $40.00 A CONCRETE FLUMES 6'- 6' WIDE WI6' CURBS 500 LF $46.25 B CONCRETE FLUMES 6'- 10' WIDE WI6' CURBS 500 LF $63.88 9 SAW CUT (EXISTING ASPHALT) 500 LF $175 10 SAW CUT (EXISTING CONCRETE) 625 LF $3.00 11 STRUCTURAL CONCRETE A (CLASS A)5-SACK 500 CY $39500 B (CLASS C) 5112 SACK 500 CY $399,00 C (CLASS S)6-SACK 500 CY $40500 12 CONCRETE FOR LIGHT STANDARD BASES 0-50 CY $400 00 13 CONCRETE FOR TRAFFIC CONTROLLER BOX 2 EA $460.00 14 WATER SERVICE ADJUSTMENTS 10 EA $250.00 15 MISC. SPRINKLER SYSTEM ADJUSTMENTS 10 LS $250.00 18 RING BCOVER (INLETS 24-LOCKING 124C) 25 EA $20000 17A REMOVE CONCRETE PAVEMENT 180 SY $2500 17B REMOVE CONCRETE CURB B GUTTER 1000 LF $7,00 17C REMOVE CONCRETE DRIVEWAY& SIDEWALK 1000 SY $2250 18 UNCLASSIFIED EXCAVATION 500 CY $17.50 19 COMPACTED FILUEMBANKMENT 500 CY $27.50 20 SOD 500 BY $8.00 BID Y3516 EXHIBIT A DATE: 011062006 ANNUAL CONTRACT FOR CONCRFTF WnPK ITEM DESCRIPTION OTY_. UNIT Principal Place of Business .VENDOR FIoyU Smith Concre" Inc. Denton, TX 21 2" ASPHALT PAVE (TYPE D PATCH MATERIAL) 500 SY $19.50 A 0TO 100 SO. YDS 1000 1 SY $17.50 22 4'CONCRETE FLATWORK(COLOREINTEXTURED) A 0 TO 100 SO. YDS. 559 BY $71.00 B 101 TO500 SO. YDS. 1000 SY $9000 C 501 TO UP SQ. YDS. 1000 SY $69,00 21 6- CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3l8' STEEL ON 18" CENTERS A 0 TO 50 SO. YDS. 1000 BY $36.00 B 51 TO 100 SO, YDS 1000 SY $36.00 C 101 TO 500 SO. YDS. 1490 BY $35 00 D 500 TO 1000 SO. YDS, 2500 SY $34.00 24 9" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3l8' STEEL ON 18" CENTERS A 0 TO 50 SO, YDS. 10 BY $41.80 B 51 TO 100 SQ, YDS 10 SY $41 80 C 101 TO 500 SQ. YDS, 500 1 SY $40.80 25 10' CONCRETE PAVEMENT (RADIUS, ETC.) WITH W8- STEEL ON 18" CENTERS A 0TO 50 SO, YDS. 10 SY $4800 e 51 TO 100 SO. YDS 10 1 SY $48.00 C 101 TO 500 SQ. YDS, 500 SY $47.00 26 12" CONCRETE PAVEMENT (RADIUS, ETC,) WITH 318" STEEL ON 18' CENTERS A 0 TO 50 SQ, YDS. 10 SY $56.00 B 51 TO 100 SQ. YDS 10 SY $5600 C 101 TO WO SO. YDS. 500 SY $54.00 27 ONE SACK CONCRETE BACKFILL 0-500 CY $80.00 26 ADJUST MANHOLE 6 INLETS 10 EA $60000 29A TYPE A HEADWALLS(15' to 36-PER PIPE) 10 LS $2200.00 29B TYPE A HEADWALLS (39-TO 72'PER PIPE) 10 LS $4.00000 30A TYPE B HEADWALLS (15- TO 36'PER PIPE) 10 LS $2,20000 JOB TYPE B HEADWALLS (39-T012-PER PIPE) 10 LE $4,000.00 31A 4' ID MANHOLE in TO 6-DEPTH) 10 EA $1,800.00 31B EXTRA DEPTH 1 VF $200.00 32A 5'X 5'JUNCTION BOX (0- TO T DEPTH) 20 EA $1,900,00 32B EXTRA DEPTH 1 VF $15000 32C 4'X 4' JUNCTION BOX(0' TO 6' DEPTH) 10 EA $1700.00 32D EXTRA DEPTH 1 VF $125BI) 32E 6' X 6 JUNCTION BOX(UTO 6' DEPTH) 10 EA $1,90D00 32F EXTRA DEPTH 1 VF $150.00 BID 1516 EXHIBIT A DATE: O71062006 ANNUAL CONTRACT FOR CONCRETE WORK .ITEM: c DESCRIPTION OTY- UNIT Principal Place of Business VENDOR Floyd Smith Cancreire Inc. Denton, TX 33A 5' INLET(O' TO 6'DEPTH) a EA $1,'( 000 33B EXTRA DEPTH 1 VF $10000 33C e' INLET(0' TO 6' DEPTH) a EA $2,100.00 33D EXTRA DEPTH 1 VF $150,00 33E 10' INLET (IT TO 6' DEPTH) 10 EA $2,300.00 33F EXTRA DEPTH 1 VF $175.00 33G 12' INLET(O'TO 6' DEPTH) 8 EA $2,600.00 33H EXTRA DEPTH 1 VF $225.00 04A 15' INLET (0' TO 6 DEPTH) 10 EA $3,300 DO 34B EXTRA DEPTH 1 VF $250.00 340 20' INLET(0' TO 6' DEPTH) 8 EA $4,40O00 34D EXTRA DEPTH 1 VF $30000 35 RECESSED INLET A 10'RECESSED INLET 6 EA $2,600,00 B 12'RECESSED INLET 6 EA $2,80000 36 -Y- INLET (INCLUDES APRON, RING B COVER) 8 EA Stamm 37 REBUILT INLET (REMOVE 8 REPLACE TOP) A 4'INLET 10 EA j $900.00 B 6' INLET 5 FA $900.00 C 8' INLET 5 EA $1,000.00 D 10'INLET 1 EA $+.zoO o0 38 BARRICADES, WARNING SIGNS 8 DETOURS 43 LS $288,75 30 TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A U TYPE I WHEEL CHAIR RAMP 1 EA $1.005,00 B 8'TYPE I WHEEL CHAIR RAMP 1 EA $t 320.00 C 10'TYPE I WHEEL CHAIR RAMP 1 EA $1,4]0.00 D 0' TVPE WHEEL CHAIR RAMP 1 EA $900.00 40 TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A 5'TYPE II WHEEL CHAIR RAMP 1 EA $2,025,00 B B' TYPE II WHEEL CHAIR RAMP 1 EA $2,550.00 C 10' TYPE II WHEEL CHAIR RAMP 1 EA $2,850.00 D 4'TYPE II WHEEL CHAIR RAMP 1 EA $1.800.00 41 TYPE III WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) A 5' TYPE III WHEEL CHAIR RAMP 1 EA $2,025.00 B &TYPE III WHEEL CHAIR RAMP 1 EA $2,50000 C 10'TYPE III WHEEL CHAIR RAMP 1 EA $2,85000 D 4' TYPE III WHEEL CHAIR RAMP 1 EA $1 800.00 ADDENDUM 01 yes ADDENDUM 0] yes BID BOND yes CONTRACT AGREEMENT STATE OF TEXAS COUNIY OFDENTON THIS AGREEMENT, made and entered into this 25" day of Lit A.D., 2006, by and between Citv of Denton of the County of Denton and State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed 'OWNER," and Floyd Smith Concrete Inc. 1781 Denton, TX 76202 of the City of Denton, County of Denton and State of Texas , hereinafter termed "CONTRACTOR." Bid 3516 - Concrete Work not to exceed $500 000.00 aggregate at any time. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified in each delivery order and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instruc[ions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Denton all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract CA- I INDEPENDENT STATUS It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton. Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. INDEMNIFICATION Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all clahns or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harnIless Owner during the performance of any of the terms and conditions of this Contract. whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph 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. CHOICE OF LAW AND VENUE This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after dre date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST. v 6JCL1 k1�+ci /Y,cnti�Vx� M. OWNER (SEAL) Tnc- .yn�Kt CONTRRACTOR I.O. LJOSC l�gl DP.L�O[L4 MAILING ADDRESS 'I40 _ S S'- oil PHONE NUMBER --�U BE L R TITL PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS Bond# 4354134 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Floyd Smith Concrete Lx.t/ whose address is, P 0 Box 1781, De ton, TX 76202 hereinafter called Principal, and, SureTec Insurance Company a corporation organized and existing under the laws of the State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and timily bound onto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafte alled Owner in the penal scan of One Million Two Hundred Thousand and 01100 DOLLARS $1,200,000 f the stated penal sun as an additional sun of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which Stan well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. T14E OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006-210 , with the City of Denton, the Owner, dated the 25°i day of July A.D�copy of which is hereto attached and made a part hereof, for Bid M3516- Concrete Work This bid is for an annual price agreement for concrete. No one job is expected to go above $500,000. If it does, the successful vendor will be responsible for acquiring additional bonding if aggregate jobs are in excess of 5500,000. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in die amount of $1,200,000 (One Million Two Hundred Thousand Dollars) for faithful perforntance of the contract and a STATUTORY PAYMENT BOND for $1,200,000 (One Million Two Hundred Thousand Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, temps, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Suety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, temps, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perforh herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full torte and effect. r-a PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans. Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as [he Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, eachne of which shall be deemed an original, this the 25th day of July , 2006�.t ATTEST: PRINCIPAL R o u d S 4,k Cane rJe Zr- BY: YA ✓ SHCRE.TARY 13Y: �da PRIIAftNT ATTE i SURETY BY: ILab BY:— eff King T RN -IN ACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jeff King of Ramey & King Insurance Agency STREET ADDRESS: 510 N. 1-35 East, Denton, TX 76205 (NOTE: Date ofPeiformance Bond ninst be date of Contract [-Resident Agent is not a coryoranon, give a➢erson's name;) PoA u: 4354 SureTec Insurance Company LIMITED POWER OF ATTORNEY K"OW All Men by These Presents, That SURETEC INSURANCE COMPANYI� "Company"), a corporation duly organized ant existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these present! make, constitute and appoint / of Denton Jeff King ✓ , Texas its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Floyd Smith Concrete, Inc.✓ Obligee: City of Denton, Tex ✓ Amount: S1,200,000.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the Premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and ail bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20' of April, 1999) /n Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. (�ogA SURETEC INS FC COMPANY ✓ ss e 'zi B.J.King r sidentStale of Texas ,County of Barris On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order above of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny IS Notary publicSlated TaxallMyCommissbnEt0 Michelle Denny, Notary P lie Augus127, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy )f a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set Au in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 25th day of July , 20 06 A/D. mat M. Brent Be ty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally Vold and without any validity. For verification of the authority of this power you may call (713) 812.0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, tights or complaints at 1-800.252- 3439. You may write die Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Warranty Limitation Rider In no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty five months after the date on which Subcontractor either substantially completed its work or breached the Subcontract, whichever is the first to occur. Texas Rider 010106 101 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON Bond# 4354134 KNOW ALL MEN BY THESE PRESENTS: That, Floyd Smith Concrete, Inc✓ whose address is. PO Box 1781, D rims TX 76202 hereinafter called Principal, and Suretec Insurance Company , a corporation organized and existing under the laws of the State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perfonu labor upon, the building or improvements herei r referred t< in the penal sure of One Million Two Hundred Thousand and 0/100 DOLLARS $1,200,00%4lawful money of the United States, to be paid in Denton, county. Texas, for the payment of whhich start well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal surn of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Ninmber ; 06-210 , with the City of Denton, die Owner, dated the 25' day of July A.D. ?006 copy of whi i is hereto attached and made a part hereof. for Bid #3516-Annual Contract for Concrete Work. This bid is for an annual price agreement for concrete. No one job is expected to go above $500,000. If it does, the successful vendor must increase his bond to that amount. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $1,200,000 (Ore Million Two Hundred Thousand Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $1,200.000 (One Million Two Hundred Thousand Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firnis, subcontractors, corporations arid clammams supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be tiled on this Bond, exclusive venue shall lie in Denton County, Texas. PB-3 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tnnc, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the sane, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Coverntnent Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each gre of which shall be deemed an original, this the 25th day of July 2006 ATTEST: BY _ SECRETARY ATTEST: PRINCIPAL �(aut4S-ni tram. 0tCre,+e. I-ne- BY: MkA1440441 V// PRESID NT SURETY 13Yq !lto"x (_J(J LLQ — 13Y4ATTOPNEY-1 eff King -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jeff King of Ramey &King Insurance Agency STREET ADDRESS: 510 N. 1-35 East, Denton, TX 76205 (NOTE. Date of Paytnem Bond must be date of Contract. if Resident Ageni is not a corporation. give a person's wine.) PB-4 CITY OF DENTONIL _ --------------------------- INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. if an apparent low bidder fails to comply strictly with the insurance requirements, than bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, owner, One minimum insurance coverage rs imlicated hereinafter. As son as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Convector may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements tit atv time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with One following general specifications, and shall be. maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A . Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defence expenses. Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability, hat fci appears' All policies shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the tern of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general amoral aggregate limit providing for claims investigation or legal defense costs to be included in die general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract tens, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Pornr CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Forni GL 0002 Current Edition and ISO Porn GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCIn exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Comnmereial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500 000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos. JXJ Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the mimmurn statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy hinit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment I in accordance with §406.096 of the Texas Labor Code and rule 2STAC 110. 110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy narning the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ J Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Lbnits of not less than each occurrence are required. [ I Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ I Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ I Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [XI Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-83, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all Persons or entities perforating all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the govenmtental entity prior to being awarded due contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the goverrunetual entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) 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 die duration of die project. P. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of die project; (3) 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; (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, 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; (6) 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 (7) contractually require each person with whom it contracts, to perfornt as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governnnental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ACORD, CERTIFICATE OF LIABILITY INSURANCE 08/0 /2006 PRODUCER (940) 382-9691 FAX (940) 243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ramey & King Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 510 North I-35 E HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton, TX 76205 Nicole Green INSURERS AFFORDING COVERAGE NAIL# INSURED Floyd Smith Concrete, Inc a� INSURERA: Trinity Universal 19887 P.O. Box 1781 C \�` INSURERS: Texas Mutual Ins. Co. TXMUT Denton, TX 76202-1781 INSURERa Unitrin 29351 � SINSURER D INSURER E 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 BY PAID CLAIMS. INSR AiTYPE OF INSU CE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CAP0006970 9/28/MIMI2005 09/28/200 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ed desainces) $ 100,000 LlCLAIMS MADE O OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL A AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP ADS $ 2,000,000 POLICY PRD- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea eccitls.i BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NONOW NED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TSF000108222 09/28/2005 09/28/200 WC HAIL- EE EMPLOYERSLIABILITY E.L. EACH ACCIDENT $ ZOO , ODU B ANY PROPRIETORIPARTNERIEXECUTIVE EL. DISEASE - EA EMPLOYE $ 500,000 OFFICERIMEMBER EXCLUDED? It yes. describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 $ 100,000 OTHER CAP0004264 07/23/2006 07/23/2007 $SOK/Item $10OK/Occurrence C $500.00 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIPIii ADI ED BY ENDORSEMENT PECIAL PROVISIONS Project: Bid #3516 - Concrete Work - Said policy sha not be cancelled, nonrenewed or materially hanged without 30 days advanced written notice being given to the owner (city) except when the policy is being cancelled for non-payment of premium in which case 10 days advanced written notice is required ertifi is listed as an Additional insured with respects to the General Liability coverage$ I� here is a Waiver of Subrogation in favor of City of Denton on the Workers Compensation Pi- rCDTICIr ATc i noo rAMCPI I ATInu SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO/NyATE THEREOF, THE ISSUING INSURER WILL K%XXXdM MAIL / City of Denton✓ 30 `DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. &UXKKIMX*UXX*)t)XXXAXX*XYJUULUMXW6WJtKXXUtXXX: 901 B Texas Street NX"XM)W(XXXX VMXXXXXXXX: AUTHORIZED ES TIME Denton, TX 76201 James in J i ACORD 25 (2001IBS) FAX: (940) 349-7302 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifcate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AUUKu <O tzuu Ilub) Rug 11 06 09:30a AUG.10.1006 5:54PM w A11 Holt Rgencm 940 566 5942 P.1 90.5638 P. i CERTIFICATE OF INSURANCE- COMMERCIAL ,a,1.ry.eawn AL14TATE INSURANCE COMPANY - NORTHBROOK IL TWSCERTIRCATE6ISBUEDASAMA7TEROF0IFORMATIONONLY AND COWERS HORWTSUPONTHECEHnMWEHOLDER. T" CEnSrATEDDEBNOTAa1 V EXMWORALTERTHECOVERAGE MiOROEDBYTREPOEMSBELOW. INTERESTED PARTYTYPE: CERTW4CATE HOLDER CommerSs: cERTDiGUTi NW.DEI1 NAMED INSURED 14mamdAd*Mof W1wmMb b"W NlmaemdAddmaaorYwand BOX 1751 PDENTONTX 7W IM GTTYOF OENTON 803510 90O OENfON TX70= �o� 7 This a 0 army ma Pam m aworaxa 7. w w. d.w.-. . rm&AUWpdn wN ra**Wnu . bsm or cW%MW or rW cwkm or amar Dam wd wb rasped b wm fib m0mb may be hued or may peb*L 7haiaamaiaaaflmdedbyfupeaftsdaa 4WhewblarAWbolihatamtawkWOMand mngWmOt otllp 51 !TPE rw: a 10Awr w Awn r arts 6SNEPAL LU JTY HMAbw - — -- - ---- Efkcff a Dab Eaphasoo Daw L6si Aft AGGREGATE LIMT(Oaim P1mbx4- S PRWVCTS-WADI.ETEDOPERATIONSAWREGATEUWT S PERSONALAND ADVERTSWG MAW UNIT S EACH OCQVRRFNM LOUT f PHYSICAL DAMAGE UW s ANYONEIASS MEOWALEXPENSEUMIT f ANY ONE PERSON ADIOROBRE P Nwebar 45ww Elbafim Dab IV230 equaGWO810 11raw BMW Una -11'ANYAUIO [jOWN®ALtT06 HOMAUM / O R SPECIFlEDAInWD ®AAN-W0D O OWNED PRIVATE PASSENGER AUTO& ❑ OWNEOAUM OTHER THAN PRIVATE PABSENGER cambkm 3kmft UmBd BGDILYMARY&PROPERTY S tcwa0 EACH ACCIDENT - Lmb 3 f I ACCIDENT 1UABILTIY limehar DIM t3WmHoa EA1ai GEN 5W PIi000CT8- OPERA7gN$AOGFIET:A S f = OTHER (Poky PoftTYPO Dati Dab .r ?7SW.OFCP R1...WOWS_ WMV.... ;'i'; rr isAOREED THAT THE INWW CE PWreamN t tOwNTERMNATE. THE *sum WMPANY Ys01. ENCEAWR 70 MAIL NOTICE OF SUCH TERMWWr10MWrTMN IS DAYS FOR THE POLLOWN OnEIESTEO PARTIE& MORTGAGEE. U9d14DLOSR, ADDITIONMI AND AOVrrW4AL BREfESTED PARTY. anffix AaOwriad Raperonbdita Data WI 10442 UABRRY (Sala) CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 25"' day of july A.D., 2006, by and between City of Denton of the County of Denton and State of Texas, acting through Howard Martin thereunto duly authorized so to do, hereinafter termed "OWNER," and Floyd Smith Concrete, Inc. of the City of Denton, County of Denton and State of Texas , hereinafter termed "CONTRACTOR." Bid 3516 — Concrete Work not to exceed $500,000.00 ageregate at any time. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to continence and complete performance of the work specified in each delivery order and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 IN DEPENDENT STATUS It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. INDEMNIFICATION Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph 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. CHOICE OF LAW AND VENUE This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: CW OWNER (SEAL) Roo 5m* CArtCfe+e . CONTRACTOR T. v �R0X 178'1 be-A+0A . T� 1640A MAILING ADDRESS 9r�o- SeS-0//q PHONE NUMBER L?qo- .5&5-ollq FAX UMBER BY: TI E ll FIoGd S/N I'tN — %e5/U2�� APPROVED AS TO FORM: CITY ATTORNEY CA-3 PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Floyd Smith Concrete, Inc. whose address is, P 0 Box 1781, Denton, TX 76202 hereinafter called Principal, and, a corporation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Five Hundred Thousand and 0/100 DOLLARS ($ 500,000) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006-210 , with the City of Denton, the Owner, dated the 25`h day of July A.D. 2006, a copy of which is hereto attached and made a part hereof, for Bid #3516- Concrete Work not to exceed $500,000 per specification. This bid is for an annual price agreement for concrete. No one job is expected to go above $500,000. If it does, the successful vendor will be responsible for acquiring additional bonding if aggregate jobs are in excess of $500,000. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $500,000 (Five Hundred Thousand Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $500,000 (Five Hundred Thousand Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. I7M PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the _day of ATTEST: PRINCIPAL BY: SECRETARY ATTEST: IM BY: PRESIDENT SURETY BY: ATTORNEY-lN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis: IMILTAM STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) .M PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That, Flovd Smith Concrete, Inc. whose address is, PO Box 1781, Denton, TX 76202 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, fines, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Five Hundred Thousand and 0/100 DOLLARS ($500,000) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006-210 , with the City of Denton, the Owner, dated the 25`h day of July A.D. 2006, a copy of which is hereto attached and made a part hereof, for Bid #3516-Annual Contract for Concrete Work. This bid is for an annual price agreement for concrete. No one job is expected to go above $500,000. If it does, the successful vendor must increase his bond to that amount. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $500,000 (Five Hundred Thousand Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $500,000 (Five Hundred Thousand Dollars). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. WO AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the_ day of , ATTEST: PRINCIPAL IM SECRETARY ATTEST: BY: PRESIDENT SURETY BY: ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis: NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-4 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENE WED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED': • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) 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 (2) 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. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the proj ect. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) 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; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, 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; (6) 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 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Q(t 1 ✓� 0.I _Purchasing Department 901-13 Texas St. Denton, TX 76209 (940) 349-7100 www.dentont)urchasing.com ADDENDUM #2 Bid #3516 Annual Contract For Concrete Work BIDS DUE: July 6, 2006 2:00 P.M. Bid submitted by: E f O U J _ m' t (. n ri (! r e 4-P -J- r1 a- Company Name ' ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ADDENDUM #2 Addendum #2 to be returned with Bid Proposal The following are changes to the bid specifications: The attached pages 2 —10 replace the Bid Tabulation pages included in Addendum #1. PAGE 1 OF BID #3516 Bidder's Initials G1 ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTALAMOUNT 1 Dowel -On Integral With One 3/8" Steel Bar) 1 LF $ %�LF $ % SO Unit Price in Words: .5,9VPn a.nA 5c>1100 Dol(ar5 2 Concrete Curb & Gutter With Fibers) A Y to 250' 2876 LF $ /a 54/LF $ 35950 Unit Price in Words: TWeIVe c.rd SD/,00 17011ar5 B 251' to 1000' 1162 LF $ /a -e /LF 0 $ 2S 0 UniEPrice in Words: T. e l de and 5%00 �ol(afs C 1001' to 5000' 5000 LF $ /a°D.ILF 00 $ 64 900 — Unit Price in Words: Ttoe(ve znct. 000ioo b0lIafS D 5001' - up 1 5000 1 LF $ / (9 /LF $ $''/ 6-p000 Unit Price in Words: E(eVgn avid S01,00 'C)o11ar5 3 30" Surmountable Curb/Fibers 1 100 LF $ /Sod /LF $ &OQoo oo/ o0 1iollcr5 Unit Price in Words: Et. h+ee,1 amd 4 5" Concrete Sidewalk With Steel 100 SY $ 3% °a /SY $ 3 -1 OD�—o Unit Price in Words: T-h,i--( SeVe✓i find "11DD bo11ar5 5 4" Concrete Sidewalk/Fibers A 0 to 50 Sq. Yds 100 SY Is 3�/SY $ 3 Unit Price in Words: Th,'r+4LLc s„d OD/'°° boll4r5 B 51 to 100 Sq. Yds. 1 100 1 SY Is 3 oa /SY $ 3 Y00 Unit Price in Words: —(hw �o,,Lr r.Ad-O°�,00 1)o(tars C 1 101 to 500 Sq. Yds. 50 1 SY $ 300 /SY $ golo� Unit Price in Words: Ta',fj tour and- oo/,00b o l IaYS D 501 to 1000 Sq. Yds. 50 SY $ 3 �/SY $ Unit Price in Words: Th1r+ +1k(ee afut Do/,00t)oIt4r5 PAGE 2 OF BID #3516 Bidder's Initials 4— ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ITEM DESCRIPTION g CITY UNIT UNIT PRICE TOTAL AMOUNT 6 Concrete Medians Patterned 1 SY $ ,S'OO /SY $ Unit Price in Words: Seve,ri -Ci✓g al. A 001 iOo IYY ✓oblar5 7 1 Concrete Steps 10 SF $ -2 °0/SY $ asl7`� Unit Price in Words: TW end -ri✓e, a -A D°ljBa ua I lar"5 6 Concrete Rip -Rap and Drainage Flumes 6" 5000 SY is CFO _o /SY $ .200 pOQ°o Unit Price in Words: F0(+Lj aid 100110° Aollar5 A Concrete Flumes 6" - 6 Ft. Wide with 6" Curbs 1 500 1 LF $ Unit Price in Words: For'% six and ns/,Oo bo uar5 B Concrete Flumes 6" - 10 Ft. Wide with 6" Curbs 500 1 LF $ 1,38$ /LF $ ,{Q ao Unit Price in Words: SAX+ "fee Ahc( R9/100 b aliar5 9 Saw Cut (EAstingAsphalt) 500 1 LF $ �s/LF $ $�o� Unit Price in Words: On e 6,ct o II ars 10 Saw Cut Existing Concrete 625 1 LF $ 3 /LF $ Unit Price in Words: -Fh r ee ci^d. OO/fo a Rio l l ar5 11 Structural Concrete A Class A) 5-Sack 500 CY $ Unit Price in Words: "Three O'bov 601141'5 B I (Class C) 51/2-Sack 500 CY $ .%�/CY $ / 00 ?E Unit Price in Words: Three, nr nei n, ne, &nA "hoc b O (lass C I (Class S) 6-Sack 500 CY $ L105ICY $ apa pp pO Unit Price in Words: Four ku.Mre-d 4-1Je. a rt `/,po 6011ars 12 Concrete for Light Standard Bases 0-50 CY $ cD;i/CY $ 020 040 m Unit Price in Words:F'Ou,r 6LAAred arty °O°/ioo �ollar5 PAGE 3 OF BID #3516 Bidder's Initials C ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ITEM DESCRIPTION QTY UNIT UNIT.PRICE TOTAL AMOUNT 13 Concrete for Traffic Controller Box 2 EA $ 44000 /EA 0 $ 9aO Unit Price in Words: Four liv ndeed Sr1c% and mVroo bo Itars 14 1 Water Service Adjustments 10 1 EA $pe/EA $ 5 p0 m Unit Price in Words: lWo hcon�re�f F F{ C�A o%oo bollars 15 Misc. Sprinkler System Ad ustments 1 10 1 LS $ a,5D"'IEA 1 $ �pO Unit Price in Words: Twu hunQre-, F{+ ,, d e /loc Dollars 16 1 Ring & Cover Inlets 24" Locking 124C 25 EA $ Unit Price in Words: hwndfeA aAGt DOlroo boliars 17A Remove Concrete Pavement 180 SY Is 2-50 SY $ c/ Spp rr Unit Price in Words: Ti02n-{ t,J2 rurtd "lrca bot(arS 17B Remove Concrete Curb & Gutter 1 1000 LF $ /LF $ Unit Price in Words: S-e knl� AO/ioo b©llar5 17C Remove Concrete Driveway & Sidewalk 1 1000 SY Uo $ oi /SY $ as scb Unit Price in Words: Teen-{ .1-WD ffu6Q.''1ioo bouarS 18 Unclassified Excavation 500 r CY $ 04V/CY$ Unit Price in Words: se g„� e n a AFL 50/roo Do l(ar5 19 Com acted Fill/Embankment 500 I CY $ a16—V/CY $ Unit Price in Words: 7-weA-FL, svveA anQ 61l1oo Dollars 20 Sod 500 SY p $ 777�p 0-jSY $ 41, 000 Unit Price in Words: Etgh+ and ° I vo 'be l(a,r5 PAGE 4 OF BID #3516 Bidder's Initials( ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL AMOUNT 21 2" Asphalt Pave (Type D Patch Material) 500 SY $ % S19 /Sy $ ®0 A 0 to 100 Sq. Yds. 1000 SY $ / i 5� /SY $ Unit Price in Words: SeV evl feevt G tti� '��roo o liars 22 4" Concrete Flatwork Colored/Textured A 0 to 100 Sq. Yds 1 559 1 SY $ OO/SY $ Unit Price in Words: SeVenk oAe ahA oo1100 boltar5 B 1 101 to 500 Sq. Yds. 1 1000 1 SY. Unit Price in Words: Se Ve n'f:and 001Ioo ,D o ((ar 5 C 501 to up Sq. Yds. 1000 SY $ L/6-10/Sy $ (o ow Unit Price in Words: srK( nines vo/roo 23 6" Concrete Pavement (Radius, Etc.) with 3/8" Steel on 18" Centers A 0 to 50 Sq. Yds 1 1000 1 SY Is 3V /SY $ Unit Price in Words: h «{ ' 5-1', 6 nd "I , oo b o (lar5 B 51 to 100 Sq. Yds. 1000 SY Is �3 (o ° o/S $$ 3 (o 00 Unit Price in Words: Th r'r 5l y� GrJ ao rvo bo l (a r 5 C 101 to 500 Sq. Yds. 1490 1 SY $ 3 S°�/SY $ sa >kSd Unit Price in Words: hrr% -�t✓e cnQ lioo AellafS D 500 to 1000 Sq. Yds. 2500 1 SY $ 34 °� /SY $ gSo�9p ° Unit Price in Words: T , r 4 Ifev r U ncf 0111oo Lb e l(a f5 24 8" Concrete Pavement Radius, Etc. with 3/8" Steel on 18" Centers A 0 to 50 Sq. Yds 10 SY $ 411SO /SY $ / °o Unit Price in Words: F7o (� S� one and �iop �n 110.f5 B 51 to 100 Sq. Yds. 10 SY Is q(19 /Sy $°o F0(1t tDne fj✓.A g11foo Ibollctr5 PAGE 5 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT C 101 to 500 Sq. Yds. 500 SY $ Q g�/SY $ Unit Price in Words: 1 0 f f an d g��ieo �o { l a fS 25 10" Concrete Pavement (Radius, etc. with 3/8" Steel on 18" Centers A 0 to 50 S . Yds. 10 SY $7 9 ,�o /Sy $ p pO Unit Price in Words: Fpr-1- el h I ar`d %ea &,fiarS B 51 to 100 S . Yds. 10 SY $ /lgoo/SY $ Q0— Unit Price in Words: FOr4- el hf 4,14 1)0 (larS C 101 to 500 S . Yds. 500 SY $ �% o- /SY $ a3 SDOO Unit Price in Words: Fo f+ seven 4nei 61al o o bo I (ars 26 12" Concrete Pavement Radius, etc. with 3/8" Steel on 18" Centers A 0 to 50 S . Yds. 10 SY Is -aoo/gy $ ,Zio — Unit Price in Words: Fiti SrK anti! 00/i00 bo(lar5 B 51 to 100 S . Yds. 10 SY is s%°o /SY $ S ° Unit Price in Words: �i�f 5 Y 4nd 00/r° o b o ll A r5 CT, 1 to 500 S . Yds. 500 1 SY Is 5(fo— Unit Price in Words: -Four aa,n J, °%ran Aa !lags 27 One Sack Concrete Backfill 1 0-500 CY $ g� °-o /Cy $ 4LO Inewe Unit Price in Words: Ei hf ax A "�/oo '60 liar_ 28 Adjust Manhole and Inlets 10 EA $ &CO�EA $ (p PA9— Unit Price in Words: 51 K hit nd/ ed rowa °p/, o ° j30 ((Q,rs 29A T pe A Headwalls (15" to 36" perpipe) 1 10 LS $ �a00�S $ ,7qa OOO� Unit Price in Words: T/D �%°aSa�d ��o ( v-. rec! c�L °o�r°° 17011 4r5 29B Type A Headwalls (39" to 72" per pipe) 10 LS $ 0p 7LS $ qQ T Unit Price in Words: Four ,4-kot 5 aA Gam- °°/roo Uo 11,1f5 PAGE 6 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL AMOUNT 30A Type B Headwalls 15" to 36" perpipe) 10 LS $ 4 -/LS $ �i pCO D- Unit Price in Words: T O 'f-ivo hwn,�Cre t &16L B°//oo L&04 S 30a T pe B Headwalls (39" to 72" per pie) 10 1 LS $ f-r0L S $ 00 `'0 T� Unit Price in Words: Foa4- the �Sard aaG�-�iroa k tI0'rS 31A 4' ID Manhole (0'to 6' De th 10 EA $ 9p0e A $ /$ 000 °o Unit Price in Words: 0„L 4—koL� red a -et °D/too bollaf5 11B Extra Depth 1 VF Unit Price in Words: '(w a - { CLM re LZ 2KEe 9O�roo 0112fS 32A 5' x 5' Junction Box (0'to 6' 20 EA $ Qp�EA 6'= 3� Qpp IDepth) Unit Price in Words:OHe -�-(1Du,50Mt1' lnrn2 kLLvared and 00/ioo Dot( fS 32B Extra De th 1 VF $ NF l SO o0 Unit Price in Words: ON e .h a etil r ed -9: Dolc pD bo 1 la f5 32C 4' x 4 Junction Box 0' to 6' Depth 10 EA Is l'fG't7—.,OIEA / COD � Unit Price in Words: 6)p 4,vu S0.nd Sav e n kun4red wry IA O% 32D I Extra Depth I 1 VF $ 1 A5'—NF / o0 Unit Price in Words: Cate ka,AAred -%weanars 32E 6' x 6' Junction Box (0' to 6' De th) 1 10 1 EA $ % 00'O EA I ! q,09D Unit Price in Words: 04 A6LASI41 AmehancireA and Do/roo �ottar5 32F Extra Depth 1 VF OD $ /SD /VF 1_6L o_ Unit Price in Words: OAC 't i Bel.00 bo 6tar s 33A 5' Inlet (0'to 6' De th) 1 8 1 EA $ /QOp %BDEA 1 _DO Unit Price in Words: h 2,Aou.SltAd �D 019 b o//afS 33B Extra Depth 1 1 VF $ e/VF co \\ Unit Price in Words: �ne hG hd f pG! LLnGe eD /Oo q�e 1laf5 PAGE 7 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 D " ITEM I DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT 33C 8' Inlet V to 6' Depth 8 EA $ a Q0'p—'9/ EA 6,900 °D Unit Price in Words: Two 4-kous" one K�rAreA aN A O'll oo A°llars 33D I Extra Depth I 1 I VF is Unit Price in Words: pne h"red-,-('l--j " 11/0p �e llar5 33E 10' Inlet(0'to 6' De th) 10 1 EA $ a300`-/EA $ .? ®OP90 Unit Price in Words: o}(ioe5atl dinre'eku,"krel U.a-1 CO/1p9 {)aI(af5 33F I Extra Depth 1 VF $ J%S�NF $ J °a Unit Price in Words: Ong hwy�etreci se✓en�end 33G 12' Inlet (0'to 6' Depth) 8 1 EA 0 $ CA00�//EA $ a0 $OD go Unit Price in Words: -Fw 0 4-kOLLS ALL 50K h an0tred G vti p0fio0 bo lla/'S 33H Extra Depth VF $ NF $ ZZS°o ff1 T Unit Price in Words: l.0 hwyrdr" +-WeA%ti✓e, q,,4CO/roy.� p 0llax5 34A 15" Inlet V to 6' Depth) 10 EA Is 330DI EA 33 Unit Price in Words:-FhfPe4-kow5" 4ree handred c�nd. p0%imo bo 1(ar-s 34B Extra Depth 1 1 1 V1F, $ on' NF a� Unit Price inWords:'0 iNand.recl -U rW�,ffj am tlD�,BO al(-ar5 34C 20'Inlet (0'to 6'Depth) 1 8 1 EA $ 41f0L:9 //EA ,�o200`o Unit Price in Words: Fopr + ou-5" -lour (laocdred " °D//®a bo I (ar5 34D Extra Depth 1 1 1 VF $ —NF 1 300TO Unit Price in Words: TreQ hdnA(eat so-d °D/,00 1)ol1ars 35 Recessed Inlet A 10' Recessed Inlet 1 6 1 EA $ loQ9'97EA0 /S600 so Unit Price in Words: -FLOo 4ou5a" S,X hu.rtct.red and- 0%., Aolla-rs B 12' Recessed Inlet 6 . EA 00 $ g6b /EA c� / Q - Unit Price in Words: --rwa 'l�ousatiQ ei CI hu,dre�P G�ct g°lrg° 6e1(ar5 36 "Y" Inlet Includes Apron, Ring & Cover) 8 EA On $ /EA Unit Price in Words: Ont+kvv-s" eI {r('hueAred -(-,E+ &.4 pDlroa1o1(arS PAGE 8 OF BID #3516 Bidder's Initials A— ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL AMOUNT 37 Rebuilt Inlet Remove and Replace Top) A 4' Inlet 10 EA /� $ `70i�e/EA $ p0�9 '�O- Unit Price in Words: Aline hand, ed &%ei o%/90 bo I lass B 6' Inlet 1 5 EA $ OP e/EA $ DO 00 Unit Price in Words: VjAe, hundred otlar5 C 8' Inlet 5 EA/EA $ OWe $ p,ae)°—' Unit Price in Words: one 4vu-sGud tt aP 00110D be((ar 5 D 10'Inlet 1 EA $ /2p00�/EA$ CO� Unit Price in Words: �u / ed a r A e%o o b o uars 38 1 Barricades, Warning Signs &Detours 43 1 LS $ a$ qS/LS as $ la rll Unit Price in Words: iwp /Yjv Do(I0.r5 39 IType I Wheel Chair Ram (All with ADA Brick Inserts A 15'Type I Wheel Chair Ramp 1 1 1 EA $ / per, -/EA 1 $ p Unit Price in Words: One ` k oa5art cQ - t Ve, Ceu {F oolioo bo Ilar5 B 8' T e 1 Wheel Chair Ram 1 EA $ /2�DtG _/EA o 0 $ / �e20 _ Unit Price in Words: ONE 1V�OiLS&MA :{dune e kLcrl f.red }1,uer1u,Ld, sa��oa Do ((qrs C 110'Type I Wheel Chair Ramp EA 60 $ / 9�%0%EA 00 $ �f D Unit Price in Words:One 4-6,,,," �o u f !^u nc(fgd -Sev�ex�q 4a ��oc Do IIar5 D T Type I Wheel Chair Ramp EA $ '790�/EA $ q,90 ao Unit Price in Words: NIne u,AA'^Cd aA-d ea/ h 16,o Dollars 40 IType 11 Wheel Chair Ram(All with ADA Brick Inserts)�a A 5' T e II Wheel Chair Ramp 1 EA o2 $ 0a5 -/EA $ a O Unit Price in Words: TWO AU 50,,6t 4-We � iv2 °"A oa ljoo -bouQrs B 18'TypeIIWheelChairRam 1 EA $ AZ5S /EA$ 65-0 Unit Price in Words: wp4A Dr6 a*d -Ft re h ct-nrl red ��+y aua- o%oo A� II ar5 PAGE 9 OF BID #3516 Bidder's Initials (17 ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT C 10' T e II Wheel Chair Ram 1 EA $ oi$ �� EA $ a $$-V �— UnitPricein Words: %Ctlo 4ADO-5&Ld et 4t huned'rPa! -G44 a.A bollar5 D 4' Type II Wheel Chair Ramp 1 EA 0 $ gp0f /EA $ $0000 Unit Price in Words: 0,,e i-kDu-sa`^Q, ef�k+ handr-ed q� OD�,°off©llar5 41 Type III Wheel Chair Ram All with ADA Brick Inserts A 5' T pe III Wheel Chair Ramp 1 1 1 EA $ p EA $ a OoZSQ Unit Price inWords:Tw04-heu_s%wBnic� �''"e 6*0 °B110o ballar5 B 8' T e III Wheel Chair Ram 1 EA a $ed a5'00 e,/EA o $ a 500° Unit Price in Words: � o °i' 6a,15-a" Ct q� t�. Ad,,-ed G.w6l B//eo bo ll4f5 C 110'Type III Wheel Chair Ramp 1 1 EA $ /EA $ a m7 Unit Price in Words: Tt-V,+,,0u5'a"A er k+kcuvtalred -V,P awd rolroo -bolcus D 4' Type III Wheel Chair Ramp 1 EA IS Unit Price in Words: Ooe e,9h'f' kttvdred awg pVtoO boilar< TOTAL $ 2) 1-29, Q33. �s AWARD OF THIS BID WILL BE BASED ON BIDS OF TOTAL ESTIMATED QUANTITIES Shipment can be made in _ days from receipt of order. 'Prices shall be bid F.O.B. Denton "in case of calculation error, unit pricing shall prevail. 00 /O 48KzZVEA4Representative Date Signatur of FIoNd ! rnrKl+kt anareh) Tnr-. Company Name PAGE 10 OF BID #3516 Bidder's Initials 4 — ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #2 NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: ` Signature: y�,��-�—, Company: Jlvud �m�-i'h �or.C('2i-e �✓�'C Title: \ �f �-S IGi °L�yLT Date: PAGE 11 OF BID #3516 ANNUAL CONTRACT FOR CONCRETE WORK The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions underwhich thework is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the Cityof Denton, and that the contents of this bid have not been communicated to any other bidder orto any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: F/0 15-)M1114 ('don e, te-fe Cne Po. &K l'991 Tel. No. q4o- 5/ S-®//41 COMPANY IS: AUTHORIZED REPRE ENTATIVE: Signature i Date — Name F!Vud Smr4A Title ff,e S I'd e rr + Fax No. Email. Business included in a Corporate Income Tax Return? ✓ YES NO ✓ Corporation organized & existing under the laws of the State of Te -,as Partnership consisting of Individual trading as Principal offices are in the city of PAGE 11 OF BID #3516 Bidder's Initials Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #1 Bid #3516 Annual Contract For Concrete Work BIDS DUE: July 6, 2006 2:00 P.M. Bid submitted by: Company Name ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 ADDENDUM #1 Addendum #1 to be returned with Bid Proposal The following are changes to the bid specifications: The attached pages 2 — 10 replace the original Bid Tabulation pages. PAGE 1 OF BID #3516 . Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL AMOUNT 1 Dowel -On Integral (With One 3/8" Steel Bar) 1 LF $ /LF $ Unit Price in Words: 2 Concrete Curb & Gutter (With One 3/8" Steel Bar A 0'to 250' 2876 LF $ ILF $ Unit Price in Words: B 251' to 1000' 1162 LF $ Unit Price in Words: C 1 1001'to 5000' 5000 LF $ /LF $ Unit Price in Words: D 5001 up 5000 LF $ Unit Price in Words: 3 30" Surmountable Curb/Fibers 100 LF $ /LF $ Unit Price in Words: 4 5" Concrete Sidewalk With Steel 100 1 SY $ ISY $ Unit Price in Words: 5 4" Concrete Sidewalk/Fibers A 0 to 50 S . Yds 100 1 SY Is ISY $ Unit Price in Words: 13 51 to 100 S . Yds. 100 1 SY Is /SY $ Unit Price in Words: C 1 101 to 500 Sq. Yds. 50 SY $ /SY $ Unit Price in Words: D 501 to 1000 S . Yds. 50 SY $ Unit Price in Words: PAGE 2 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT 6 Concrete Medians Patterned 1 SY $ /SY $ Unit Price in Words: 7 1 Concrete Steps 10 1 SF $ /SY $ Unit Price in Words: 6 Concrete Rip -Rap and Drainage Flumes 6" 5000 1 SY Is /SY $ Unit Price in Words: A I Concrete Flumes 6" - 6 Ft. Wide with 6" Curbs 500 1 LF $ /LF $ Unit Price in Words: B Concrete Flumes 6" - 10 Ft. Wide with 6" Curbs 500 1 LF $ /LF $ Unit Price in Words: 9 Saw Cut (Existing Asphalt) 500 1 LF $ /LF $ Unit Price in Words: 10 1 Saw Cut Existing Concrete 625 1 LF $ /LF $ Unit Price in Words: 11 Structural Concrete A I (Class A) 5-Sack 500 1 CY is /CY $ Unit Price in Words: B (Class C) 5 1/2-Sack 500 CY $ /CY $ Unit Price in Words: C Class S) 6-Sack 500 CY $ /CY $ Unit Price in Words: 12 1 Concrete for Light Standard Bases 0-50 1 CY $ /CY $ Unit Price in Words: PAGE 3 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 B£ ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL AMOUNT 13 Concrete for Traffic Controller Box 2 EA $ /EA $ Unit Price in Words: 14 Water Service Adjustments 10 EA $ /EA $ Unit Price in Words: 15 1 Misc. Sprinkler System Adjustments 10 1 LS $ /EA $ Unit Price in Words: 16 1 Ring & Cover Inlets 24" Locking 124C 25 EA $ /EA $ Unit Price in Words: 17A Remove Concrete Pavement 180 SY $ /SY $ Unit Price in Words: 176 .Remove Concrete Curb & Gutter 1000 LF $ /LF $ Unit Price in Words: 17C I Remove Concrete Drivewa & Sidewalk 1000 SY $ /SY $ Unit'Price in Words: 18 Unclassified Excavation 500 CY $ /CY $ Unit Price in Words: 19 Compacted Fill/Embankment 500 CY $ /CY $ Unit Price in Words: 20 Sod 500 1 SY $ /SY $ Unit Price in Words: PAGE 4 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTALAMOUNT 21 2" Asphalt Pave (Type D Patch Material) 500 SY $ /SY $ A 10 to 100 Sq. Yds. 1000 SY $ /SY $ Unit Price in Words: 22 4" Concrete Flatwork Colored/Textured A 0 to 100 Sq. Yds 559 SY $ /SY $ Unit Price in Words: B 1 101 to 500 Sq. Yds. 1000 1 SY Is /BY $ Unit Price in Words: C 501 to up Sq. Yds. 1000 1 SY Is /SY $ Unit Price in Words: 23 6" Concrete Pavement (Radius, Etc.) with 318" Steel on 18" Centers A 0 to 50 Sq. Yds 1 1000 1 SY Is /SY $ Unit Price in Words: B 51 to 100 Sq. Yds. 1000 1 SY $ /SY $ Unit Price in Words: C 1 101 to 500 Sq. Yds. 1 1490 1 SY $ /SY $ Unit Price in Words: D 500 to 1000 Sq. Yds. 2500 1 SY $ /SY $ Unit Price in Words: 24 8" Concrete Pavement (Radius, Etc.) with 3/8" Steel on 18" Centers A 0 to 50 Sq. Yds 10 SY $ /SY $ Unit Price in Words: B 51 to 100 Sq. Yds. 10 1 SY Is /SY $ PAGE 5 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 x ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL AMOUNT C 101 to 500 S . Yds. 500 SY $ /SY $ Unit Price in Words: 25 10" Concrete Pavement (Radius, etc. with 3/8" Steel on 18" Centers A 0 to 50 S . Yds. 1 10 SY $ /SY $ Unit Price in Words: B 51 to 100 S . Yds. 10 SY Unit Price in Words: C 1 101 to 500 S . Yds. 500 1 SY $ /SY $ Unit Price in Words: 26 12" Concrete Pavement Radius, etc. with 318" Steel on 18" Centers A 0 to 50 S . Yds. 10 SY $ /SY $ Unit Price in Words: B 51 to 100 S . Yds. 10 1 SY $ /SY $ Unit Price in Words: C 1 101 to 500 S . Yds. 500 1 SY $ /SY $ Unit Price in Words: 27 One Sack Concrete Backfill 1 0-500 1 CY $ /CY $ Unit Price in Words: 28 Adjust Manhole and Inlets 10 EA $ /EA $ Unit Price in Words: 29A IType A Headwalls (15" to 36" per pipe) 10 LS $ /LS $ Unit Price in Words: 29B T pe A Headwalls (39" to 72" per pipe) 10 LS $ /LS $ Unit Price in Words: PAGE 6 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL AMOUNT 30A Type B Headwalls 15" to 36" per pipe) 10 LS $ /LS $ Unit Price in Words: 30B IType B Headwalls (39" to 72" per pipe) 10 1 LS $ /LS $ Unit Price in Words: 31A 4' ID Manhole 0'to 6' Depth) 10 1 EA $ /EA $ Unit Price in Words: 31B I Extra Depth 1 1 VF $ NF Unit Price in Words: 32A 5' x 5' Junction Box O' to 6' Depth) 20 1 EA $ /EA Unit Price in Words: 328 I Extra Depth 1 1 VF 1 $ NF Unit Price in Words: 32C 4' x 4 Junction Box O' to 6' Depth) 10 1 EA $ /EA Unit Price in Words: 32D I Extra Depth 1 VF $ NF Unit Price in Words: 32E 6' x 6' Junction Box (0' to 6' Depth) 1 10 1 EA $ /EA Unit Price in Words: 32F I Extra Depth 1 I VF $ NF Unit Price in Words: 33A 5' Inlet (O'to 6' Depth) 1 8 1 EA $ /EA Unit Price in Words: 33B Extra Depth 1 1 VF 1 $ NF Unit Price in Words: PAGE 7 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 ITEM DESCRIPTION OTY UNIT UNIT PRICE TOTALAMOUNT 33C 8' Inlet 0' to 6' Depth) 8 EA $ /EA Unit Price in Words: 33D Extra Depth 1 VF $ NF $ Unit Price in Words: 33E 10' Inlet (0'to 6' Depth) 10 1 EA $ /EA $ Unit Price in Words: 33F Extra De th 1 1 VF $ NF $ Unit Price in Words: 33G 12' Inlet 0' to 6' Depth) 8 1 EA $ /EA $ Unit Price in Words: 33H I Extra Depth 1 VF $ NF $ Unit Price in Words: 34A 15' Inlet V to 6' Depth) 10 1 EA $ /EA Unit Price in Words: 34B I Extra Depth 1 VF $ NF Unit Price in Words: 34C 20' Inlet (0' to 6' Depth) 8 EA $ /EA Unit Price in Wards: 34D I Extra Depth 1 VF $ NF Unit Price in Words: 35 Recessed Inlet A 10' Recessed Inlet 6 EA $ /EA Unit Price in Words: B 12' Recessed Inlet 6 1 EA $ /EA Unit Price in Words: PAGE 8 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT 36 Y.Inlet Includes Apron, Ring & Cover) 8 EA $ /EA $ Unit Price in Words: 37 Rebuilt Inlet (Remove and Replace Tap) A 4' Inlet 10 EA $ /EA $ Unit Price in Words: B 6' Inlet 5 EA $ /EA $ Unit Price in Words: C 8' Inlet 5 Unit Price in Words: D 10' Inlet 1 EA $ /EA $ Unit Price in Words: 38 TBarricades, Warning Signs & Detours 43 LS $ /LS $ Unit Price in Words: 39 Dowel -On Integral Curb 259 1 LF $ /LF $ Unit Price in Words: 40 Wheel Chair Ramp All with ADA Brick Inserts A DELETED B Wheel Chair Ramp Flair Unit Price in Words: C Wheel Chair Ramp Special Unit Price in Words: 41 Type I Wheel Chair Ramp (All with ADA Brick Inserts) A 5'Type I Wheel Chair Ramp EA $ /EA $ Unit Price in Words: PAGE 9 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 ITEM DESCRIPTION QTY I UNIT I UNIT PRICE TOTALAMOUNT B 18'Type I Wheel Chair Ram 1 EA $ /EA $ Unit Price in Words: C I 10' Type I Wheel Chair Ramp 1 1 EA $ /EA $ Unit Price in Words: 42 Type II Wheel Chair Ram All with ADA Brick Inserts A 5'Type II Wheel Chair Ramp 1 1 EA $ /EA $ Unit Price in Words: B 18'Type II Wheel Chair Ramp 1 1 EA $ /EA $ Unit Price in Words: C 1 10' T pe II Wheel Chair Ramp 1 1 EA $ /EA $ Unit Price in Words: 43 Type III Wheel Chair Ram (All with ADA Brick Inserts) A 5'Type III Wheel Chair Ramp 1 1 EA $ /EA $ Unit Price in Words: B 18'Type III Wheel Chair Ramp 1 1 EA $ /EA $ Unit Price in Words: C 1 , 0'Type III Wheel Chair Ramp 1 I EA $ /EA $ Unit Price in Words: TOTAL $ AWARD OF THIS BID WILL BE BASED ON BIDS OF TOTAL ESTIMATED QUANTITIES Shipment can be made in days from receipt of order. 'Prices shall be bid F.O.B. Denton "In case of calculation error, unit pricing shall prevail. Date Signature of Authorized Representative Company Name PAGE 10 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ADDENDUM #1 NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name. - Signature: Company: 1�0- e- e EflC Title: h resl�er�-�' Date: PAGE 11 OF BID #3516 Purchasing Department 901-13 Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com Bid #3516 Annual Contract For Concrete Work BIDS DUE: July 6, 2006 2:00 P.M. Bid submitted by: Company Name TABLE OF CONTENTS NOTICETO BIDDERS..............................................................................................................1 PROPOSALFORMS......................................................................................................... 2 —11 BID INSTRUCTIONS AND CONDITIONS........................................................................12 - 20 OPENING DATE, TIME, PROCEDURES, CONTACTS—::.: ................ .. GENERALCONDITIONS.......................................................................................13 - 14 DELIVERY REQUIREMENTS.......................................................................................15 EVALUATIONCRITERIA..............................................................................................15 SPECIAL TERMS AND CONDITIONS......................................................................... 17 DISADVANTAGED BUSINESS ENTERPRISES....................................................................19 VENDORREFERENCES.........................................................>,............................................20 TECHNICAL SPECIFICATIONS.................................................................................... 21 — 54 CERTIFICATION AFFIDAVIT................................................................................21 - 23 BIDBOND...................................................................................................................24 SUMMARY OF CONTRACT CONDITIONS.................................................................. 25 SPECIAL CONTRACT DEFINITIONS.......................................................................... 26 SUPPLEMENTARY CONDITIONS....................................................................... 27 — 49 LABOR STANDARDS AND SCHEDULE OF APPLICABLE WAGE RATE ........... 50 - 54 APPENDIXA........................................................................................................................... 55 SAFETY RECORD QUESTIONNAIRE.................................................................. 56 - 58 .':�' SAivIPi::E_.CONTRACT,AGREEMENT....................................................................59 - 61 PERFORMANCE & PAYMENT BONDS................................................................62 - 65 INSURANCE REQUIREMENTS............................................................................66 - 73 CONFLICT OF INTEREST QUESTIONNAIRE......................................................74 - 75 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package: Bidders are responsible for reading the entire bid package and complying with all specifications. ANNUAL CONTRACT FOR CONCRETE WORK NOTICE TO BIDDERS Sealed proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, TX 76209 will be received at the office of the Purchasing Agent until 2:00 P.M., July 6, 2006 for the purchase of construction services as follows per bid instructions and specifications: BID #3516 — Annual Contract for Concrete Work The bids will be publicly opened and read. Bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded bythe City Council as soon thereafter as possible. All bid proposals, as well as Payment and Performance Bonds, must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and after the date of the bid opening. . Qualified prospective bidders may obtain copies of the bid invitation with information to bidders, bid proposals, plans and/or specifications at the Office of the Purchasing Agent, located at 901-B Texas Street, Denton, Texas, at the Service Center Complex. Each bid must be accompanied by a cashier's check, certified check or acceptable bid bond payable without recourse to the City of Denton, Texas In the amount not less than $5,000 of the bid submitted as a guarantee that the bidder will enter into a contract and execute any required bonds, and insurance certificate, within ten (10) days after the notification of the award of the contract to the bidder. No officer or employee of the City of Denton shall have a financial interest, director indirect, in any contract with the City of Denton. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton, Texas projects. CITY OF DENTON Purchasing Department 901-B Texas Street Denton, TX 76209 c/o Tom Shaw Purchasing Agent PAGE 1 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK �)ez PAGE 2 OF BID #3516 Bidder's Initials wd 21 ANNUAL CONTRACT FOR CONCRETE WORK ITEM IDESCRIPTION OTY I UNIT I UNIT PRICE ITOTALAMOUNT 6 1 Concrete Medians Patterned 1 I SY $ /SY $ Unit Price in Words: 7 Concrete Steps 10 1 SF $ /SY $ Unit Price in Words: 8 Concrete Rip -Rap and Drainage Flumes 6" 5000 1 SY Is /SY $ Unit Price in Words: A I Concrete Flumes 6" - 6 Ft. Wide with 6" Curbs 500 LF $ /LF $ Unit Price in Words: B Concrete Flumes 6" - 10 Ft. Wide with 6" Curbs 500 LF $ /LF $ Unit Price in Words: 9 Saw Cut Existing Asphalt) 500 1 LF $ /LF $ Unit Price in Words: 10 1 Saw Cut Existing Concrete 625 1 LF $ /LF $ Unit Price in Words: 11 Structural Concrete A Class A) 5-Sack 500 1 CY $ /CY $ Unit Price in Words: B Class C 5 1/2-Sack 500 CY $ /CY $ Unit Price in Words: C I (Class S) 6-Sack 500 CY $ /CY $ Unit Price in Words: 12 Concrete for Light Standard Bases 0-50 CY $ /CY $ Unit Price in Words: PAGE 3 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ITEM 13 DESCRIPTION Concrete for Traffic Controller Box QTY UNIT 2 EA UNIT PRICE $ /EA TOTAL AMOUNT $ Unit Price in Words: 14 Water Service Adjustments 10 1 EA $ /Eq $ Unit Price in Words: 15 1 Misc. Sprinkler System Adjustments 10 1 LS $ /EA $ Unit Price in Words: TOTAL $ $ AWARD OF ITEMS 1 THROUGH 15 WILL BE BASED ON BIDS OF ESTIMATED QUANTITIES 16 1 Ring & Cover Inlets 24" Locking 124C 25 EA $ /EA $ Unit Price in Words: 17A Remove Concrete Pavement 1 180 1 SY $ Sy $ Unit Price in Words: 17B Remove Concrete Curb & Gutter 1000 LF $ /LF $ Unit Price in Words: 17C Remove Concrete Drivewa &Sidewalk I 1000 SY Is /SY $ Unit Price in Words: 18 Unclassified Excavation 1 500 1 Cy $ Unit Price in Words: 19 Compacted Fill/Embankment Unit Price in Words: 20 Sod Unit Price in Words: PAGE 4 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ITEM IDESCRIPTION QTY I UNIT I UNIT PRICE 21 2" Asphalt Pave (Type D Patch Material) 500 1 SY $ /SY A 1 101 to 100 Sq. Yds. 1000 1 SY is /SY Unit Price in Words: 22 4" Concrete Flatwork Colored/Textured A 0 to 100 Sq. Yds 1 559 1 SY $ /SY Unit Price in Words: B 1 101 to 500 Sq. Yds. 1 1000 1 SY Is /SY Unit Price in Words: C 501 to up Sq. Yds. 1 1000 1 SY Is /SY Unit Price in Words: 23 6" Concrete Pavement Radius, Etc. with Fibers A 0 to 50 Sq. Yds 1 1000 1 SY Is /SY Unit Price in Words: B 51 to 100 Sq. Yds. 1 1000 1 SY Is /SY Unit Price in Words: C I 101 to 500 Sq. Yds. 1 1490 1 SY $ /SY Unit Price in Words: D 500 to 1000 Sq. Yds 1 2500 1 SY $ /SY Unit Price in Words: 24 8" Concrete Pavement Radius, Etc.) with Fibers A 0 to 50 Sq. Yds 1 10 1 SY Is /SY Unit Price in Words: B 51 to 100 Sq. Yds. 1 10 1 SY Is /SY PAGE 5 OF BID #3516 Bidder's Initials I ANNUAL CONTRACT FOR CONCRETE WORK ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT C 101 to 500 So. Yds. 500 SY $ /Sy $ Unit Price in Words: A 10 to 50 S . Yds. 10 SY $ /SY $ Unit Price in Words: B 51 to 100 S . Yds. 10 SY $ /SY $ Unit Price in Words: C 1101 to 500 So. Yds. 500 S V $ /SY $ Unit Price in Words: 26 1 12" Concrete Pavement (Radius, etc. with Fibers A 10 to 50 S . Yds. 10 1 Sy Is /SY $ Unit Price in Words: B 51 to 100 S . yds. Unit Price in Words: C 101 to 500 S . Yds. 500 Sy $ Unit Price in Words: 27 1 One Sack Concrete Backfill 0-500 I Cy Is /Cy $ Unit Price in Words: 28 Adjust Manhole and Inlets 10 1 EA $ /EA $ Unit Price in Words: 29A IType A Headwalls 15" to 36" perpipe) 10 1 LS $ /LS $ Unit Price in Words: 29B T e A Headwalls (39" to 72" per pipe) 10 1 LS $ /LS $ Unit Price in Words: PAGE 6 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ITEM IDESCRIPTION I CITY I UNIT I UNIT PRICE ITOTALAMOUNT 30A IType B Headwalls 15" to 36" per pipe) 10 1 LS $ /L $ Unit Price in Words: 30B IType B Headwalls 39" to 72" per pipe) 10 1 LS $ /L $ Unit Price in Words: 31A 4' ID Manhole 0'to 6' De th 10 1 EA 1 $ /E $ Unit Price in Words: 31B I Extra Depth 1 1 VF $ NF Unit Price in Words: Unit Price in Words: 326 I Extra Depth 1 1 VF $ NF Unit Price in Words: 32C 4' x 4 Junction Box 0' to 6' Depth) 10 EA $ /EA Unit Price in Words: 32D I Extra Depth 1 I VF $ NF Unit Price in Words: 32E 6' x 6' Junction Box V to 6' De th 10 EA $ /EA Unit Price in Words: 32F I Extra Depth 1 1 VF $ NF Unit Price in Words: 33A 5' Inlet V to 6' Depth) 1 8 1 EA $ /EA Unit Price in Words: 336 Extra Depth 1 1 VF $ NF Unit Price in Words: PAGE 7 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK PAGE 8 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK PAGE 9 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK -"'v... --• 01- V= 111nae in _ days from receipt of order. *Prices shall be bid F.O.B. Denton **In case of calculation error, unit pricing shall prevail. Date Signature of Authorized Representative Company Name PAGE 10 OF BID #3516 Bidders Initials ANNUAL CONTRACT FOR CONCRETE WORK The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions underwhich the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise underthe antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: Flood 57n„ �onC�"efe D lox I of ` J�eEAD/1 , TY 2&-W2, Tel. No. COMPANY IS: AUTHORIZED REPRESENTATIVE: Signature Date ?/61/06 Name Floc,d 57m,4tA Title ?ryes I d e n + Fax No. _ 9 �F m - SGS-- 6F // Email. Business included in a Corporate Income Tax Return? ✓ YES Corporation organized & existing under the laws of the State of Partnership consisting of Individual trading as Principal offices are in the city of PAGE 11 OF BID #3516 NO !I Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK COMPLETE SET OF ORIGINAL AND ONE (1) COPY OF EXECUTED BID PROPOSAL MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-13 TEXAS ST, DENTON, TX 76209 ON OR BEFORE JULY 6, 2006 AT 2:00 P.M. QUESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFICE FIVE (5) WORKING DAYS PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE WILL NOT BE CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED. All questions regarding the bid and purchasing process should be directed to: TOM SHAW, PURCHASING AGENT Email: Tom.Shaw@cityofdenton.com Phone: (940) 349-7100 Fax: (940) 349-7302 Directions to the Purchasing Department can be accessed at www.dentonpurchasing.com (Click on "Directions to our Office") _.. .�.__ ..._.„„... as „v y,y MEW UUC ill u.e rurcnasm ue artment b the due date, in sealed envelopes or boxes. All bids must be clearly marked with the name of the Company submitting the bid, the Bid Number and Date and Time of opening on the outside of the envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original signatures. All proposal pages must be initialed or signed where indicated. All bids will be publicly opened at the date and time listed above or as soon thereafter as practical. The City of Denton does not accept faxed bids. If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible for actual delivery of the bid to the Purchasing Department before the advertised date and hourfor opening of bids. If mail is delayed either in the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be grounds for disqualification. After the official opening, bids become the property of the City of Denton and may not be amended, altered or withdrawn without the recommendation of the Purchasing Agent. The approval of the City Council is required for public works projects. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. Submitted bids shall remain in force for a ninety (90) day period after opening or until award is made; whichever comes first. In case of default after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. The City of Denton will award the bid to the lowest responsible bidder while complying with all current state and local laws. The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. . PAGE.12 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK The City of Denton is requesting bids for ANNUAL CONTRACT FOR CONCRETE WORK. The City will only accept new products and will reject proposals for used or remanufactured goods. All bids must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all items. All bids shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies that are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for non- performance termination. The contract may be terminated by the City upon written thirty (30) days notice prior to cancellation. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, the City of Denton reserves the right to waive any irregularities. The City of Denton reserves the right to accept or reject in p and to waive any technicalities for the best interest of the City. reasons, for any of the following specific reasons: 1. Bids containing any irregularities. 2. Unbalanced value of any items. 3. Bid price cannot be determined based upon freight charges, or other fees. in or in whole any bids submitted, Bids may be rejected, among other information provided, i.e. missing PAGE 13 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK Bidders may be disqualified and their bids not considered for any of the following reasons: 1. Collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder being interested in any litigation against the City. 4. The Bidder being in arrears on any existing contract or having defaulted on a previous contract. 5. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. 6. Uncompleted work, which in the judgment of the City, will prevent or hinder the prompt completion of additional work, if awarded. 7. Any other unresolved issues with the City. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer. The City of Denton and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Prices shall include all charges for freight, or any other applicable charges, F.O.B. inside to specified delivery location or: Central Receiving City of Denton Warehouse 901 B Texas Street Denton, Texas 76209 Hours of operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding City of Denton holidays. Delivery date is important to the City and may be required to be a part of each bid. The City of Denton considers delivery time to be that period elapsing from the time the individual order is placed until that order is received by the City at the specified delivery location. The delivery date indicates a guaranteed delivery to the City of Denton, Texas. Failure of the bidder to meet guaranteed delivery dates or service performance could affect future City orders. The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without liability on its part. PAGE 14 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK Evaluation criteria shall include, but is not limited to the following: a. Lowest responsible bidder meeting specification b. Delivery C. Vendor's past performance record with the City of Denton d. City of Denton's evaluation of vendor's ability to perform e. City of Denton's experience with products bid f. Special needs and requirements of the City of Denton Award The City reserves the right to award by line item, section, or by entire bid; whichever is most advantageous to the City, unless denied by the bidder. Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Any catalog, brand name or manufacturer's reference used is considered to be descriptive -- not restrictive -- and is indicative of the type and quality the City desires to purchase. Bids on similar items of like quality may be considered if the bid is noted and fully descriptive brochures are enclosed. If notation of substitution is not made, it is assumed vendor is bidding exact item specified. Successful vendor will not be allowed to make unauthorized substitutions after award. A packing list shall accompany each shipment and shall show: City of Denton Purchase Order Number Name and address of Vendor Name and address of receiving department Description of material shipped, including item numbers, quantity, etc. Inspection and Acceptance The City of Denton may reject and refuse any delivery, which falls below the quality designated in the specifications. The cost of return and/or replacement will be at the vendor's expense. Contracts & Bonds The successful awarded vendor will be required to sign the original contract and submit performance and payment bonds before work is to commence. Each proposal must be accompanied by a cashier's check, certified check or acceptable proposal bond payable without recourse to the City of Denton, Texas in the amount not less than $5,000 submitted as a guarantee that the proposer will enter into a contract and execute any required bonds, and insurance certificate, within ten (10) days after the notification of the award of the contract to the proposer. All bids received without the above will be rejected and considered non- responsive. PAGE 15 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK SPECIAL TERMS AND CONDITIONS Contract Terms Successful vendor(s) will be awarded a twelve (12) month contract, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the City of Denton's option and approval by the vendor, the contract may be renewed for additional one (1) year periods, as further explained in Renewal Options. Renewal Options The City of Denton reserves the right to exercise an option to renew the contract of the vendor for additional one (1) year periods, provided such option is stipulated in the Special Conditions and agreed upon in writing by both parties. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, will be specified in the Special Conditions and include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City will rescind its option and seek a new bid solicitation. Price Escalation and De-escalation The City will implement an escalation/de-escalation price adjustment after the first year. The escalation will be based upon the U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI)* for finished goods less food and energy (WPUSOP3500) (hftr)://www.bis.gov/i)l)i/home.htm). The price will be increased or decreased based upon the annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the PPI change exceed a minimum threshold value of +/-1 %, then the stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the 8% limit per year. Cooperative Purchasing The City of Denton encourages Cooperative Purchasing efforts among the governmental entities; therefore it would be in the vendor's best interest to help the City of Denton facilitate this cooperative effort. Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing would apply? Yes __/ No * Producer Price Index/PPI is defined by the U.S. Department of Labor: The Producer Price Index (PPI) is a family of indexes that measures the average change over time in selling prices received by domestic producers of goods and services. PPI measures price change from the perspective of the seller. This contrasts with other measures, such as the Consumer Price Index (CPI), that measure price change from the purchaser's perspective. Sellers' and purchasers' prices may differ due to government subsidies, sales and excise taxes, and distribution costs. PAGE 17 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK Successful awarded vendor will be required to sign original contract and submit performance bond for $500,000 on and payment bond for $500,000 before work is to commence. The vendor will be required to raise the bonds should the annual cumulative total exceed $500,000. The vendor shall assume all costs in raising the bond limits. Insurance Bidder's attention is directed to the insurance requirements as attached on Appendix A. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided. herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. Subcontractors Vendors must disclose all subcontractors and suppliers to be used under this contract prior to award. The successful awarded vendor must submit all changes to the subcontractor/supplier list to the Purchasing Department, Attention: TOM SHAW, PURCHASING AGENT, Bid #3516, 901-B Texas Street, Denton, Texas 76209, for approval before use on the jobsite. Tax Exemption The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. PAGE 16 OF BID #3516 Bidder's Initials-='fk-- ANNUAL CONTRACT FOR CONCRETE WORK If you, the Vendor, checked yes, the following will apply: Governmental Entities utilizing Inter -Governmental Contracts with the City of Denton will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities other than the City of Denton will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Denton will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order its own material/services as needed. PAGE•18 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of Denton's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State of Texas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program Texas Building and Procurement Commission PO Box 13047 Austin, TX 78711-3047 (512)463-5872 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: IV REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. Indicate all that apply: FAX NO. Minority -Owned Business Enterprise Women -Owned Business Enterprise Disadvantaged Business Enterprise PAGE 19 OF BID #3516 Bidder's Initials ll/d ANNUAL CONTRACT FOR CONCRETE WORK VENDOR REFERENCES Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. GOVERNMENT/COMPANY NAME: LOCATION: b 0 n CONTACT PERSON AND TITLE: CI.( tdp RcoZz E(Sorv1 TELEPHONE NUME SCOPE OF WORK: CONTRACT PERIOD: GOVERNMENT/COMPANY NAME: Deh o✓> LOCATION: b e v1+o n CONTACT PERSON AND TITLE: O6 i It TELEPHONE NUMBER: 3 Q� q- 3 V30 SCOPE OF WORK: i n.Tp� (� tt,(h 4 CONTRACT PERIOD: GOVERNMENT/COMPANY NAME LOCATION: CONTACT PERSON AND TITLE: _ TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: PAGE 20 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK Certification Affidavit 1. Name of Firm Floyd sim,411 01)no ce-4-e SnC p- 2. Mailing Address r•0- 80,(- /' � I h en-ian. Street Address 15 / q W1110UoLd OO6/ b Pn+on F T4� 'Ilo aO� 3. Phone qqo-(oS-Ol Fax 94-0- Contact Fl o o d Sm 14 Title Pre sl d"f > Tax ID Number `7S-a (o9`y/oa 4. Indicate whether firm is sole proprietorship, partnership, joint venture, corporation or other business entity (please specify) CD( Pofa-h on 5. How many years has the firm been in business 38 u ear 5 Date business established under current ownership l�Iwlember, 1973 Indicate if: O Partnership (Corporation ( ) Sole Owner If a partnership, list names and addresses of partners: If corporation, indicate state in which corporation was organized and is existing: -re sca S Principal Stockholders: (Name and Address) and authorized to sign contractual matters: F. 1/0D At' y 15rn 14't, 61VI At Etde 55, ry= % 0,;40 PAGE 21 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK 6. Company, Client References (Company Name, Contact, Person, Street, Address, City, State, Zip, Telephone) ublia 6111u Cheek, f0 6 Ik lgy"-,q'S eo./ I;BS,ff 4jOO �l'�o �81-.zSSI 41/D• Skd 7. Does your firm share any resource (office facilities, storage space, equipment, personnel with other firms or individuals)? 8. Name of Bonding Company, If any: Bonding Limit Sources of Letters of Credit, if any 9. Are you authorized to do business in the State as well as locally, including all business licenses? Yes �_ No 10. Provide name of licensed individual(s) and type of license, (submit copies of license(s) with application) /1/ff PAGE 22 OF BID #3516 Bidder's Initial ANNUAL CONTRACT FOR CONCRETE WORK AFFIDAVIT "The undersigned swears that the foregoing statements are true and correct and include all material information necessary to identify and explain the operations of Flo s 4-h Cariare-e ne.. (namd of firm) as well as the ownership thereof. Name: /�FloHd 5mik Title: Presid elf Corporate Seal (where appropriate) Signature: Date: '71 & / o& Date: 17/1,L0(, State of: -:axa5 County of: Den -ion On this 1, Lk day of T 20 D & , before me appeared (Name) Fl oU d Sni A to me personally know, who being duly sworn, did execute the forging affidavit, and did state that he or she was properly authorized by (Name of Firm) F I and did so as his or her free act deed. �vevrt CAROLYN BROWN NOTARY PUBLIC * STATE OF TEXAS (Seal) "ord My Comm.Fxp. 7-13-2009 Notary Public O&A, 620 — Commission expires 17/13 oo9 to execute the affidavit PAGE 23 OF BID #3516 Bidder's Initials I— ANNUAL CONTRACT FOR CONCRETE WORK The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after the date of written notice to do so, and to have 100% of the work on which he has bid complete within consecutive calendar days. Enclosed with this proposal is a Certified Check in the amount not less than $5,000 or a BID Bond in the amount of not less than $5,000, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted bythe Ownerwithin thirty (30) days after the bids are received and the undersigned fails to execute the contract and the required bond for the Owner within ten (10) days after the date said proposal is accepted, otherwise, said check or bond shall be returned to the undersigned upon request. Contractor (Firm Name) F:--jc tf J Sm r-rh M Title:(e5rde/L� (President/Vice-President) Address P.O. Ijoy M1 hk9�+rin --76aoa Phone 17go - S6 S-01154 Fax 9 Fo - SG S - P /i V Email M PAGE 24 OF BID #3516 Bidder's Initialsc ANNUAL CONTRACT FOR CONCRETE WORK SUMMARY OF CONTRACT CONDITIONS FIRM FIXED PRICE CONTRACT WITH ESTIMATED QUANTITIES The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the quantities of work on the Bid Form to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether, increased or decreased, are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. SPECIFICATIONS This project shall be constructed by utilizing the Fourth Edition of the North Texas Council of Government Standard Specifications for Public Works Construction. LOCATION OF PROJECT This improvement project is totally located within the city limits or extra territorial jurisdiction of the City of Denton, Texas and the City of Denton Transportation Criteria Manual. PAGE 25 OF BID #3516 Bidder's Initial ANNUAL CONTRACT FOR CONCRETE WORK SPECIAL CONTRACT DEFINITIONS AWARD OF ANNUAL MISCELLANEOUS CONCRETE CONTRACT This bid is intended to be used for smaller and more isolated concrete replacement or new installations. The limits are set to allow the contractor to work various city departments to replace, repair, or install new concrete work as needed. This contract will not be used with the annual bid for street sections, which is a separate bid. Bonding for this contract will be less than the street section bid where two-year maintenance bonds are required for all work. The primary specifications for these items in the bid tabulations include the City of Denton Transportation Criteria Manual, the Fourth Edition of the Public Works Standard Specifications from the North Central Texas Council of Governments, the Texas Department of Transportation Box Culvert Detail Sheets as referenced in the NCTCOG specifications, and as a secondary reference the Recommended Performance Guidelines for Micro -Surfacing dated May 2000. This annual bid may be renewed up to two years (for a total of 3 years) if the bidder and the City of Denton agree to extend each year within 60 days prior of the renewal date to get the renewal on a City Council agenda. The City of Denton Street Division crews of the Utility Field Service Group may provide components of projects such an excavation, removal, barricades at their discretion. Each project will need to be planned and final determination of responsibilities assigned based on workloads of city and contractor at the time. The North Central Texas Council of Governments has recently approved and adopted the Fourth Edition of the Public Works Construction Standards and Standard Drawings. They are to be utilized versus the Third Edition and the City of Denton amendments to that Third Edition. The new Transportation Criteria Manual is available on the City of Denton Web Site for viewing and downloading. The Fourth Edition of the NCTCOG specifications is available on the web at DFWSPECS. Com. Reference the City of Denton Transportation Criteria Manual available on the City Web Site or from Development Services Dept. at City Hall West, 221 Elm, Denton, TX and the 4t' Edition NCTCOG Specifications and Standard Drawings. These two sources are intended to provide all specifications and references not covered by these specifications. The City of Denton Transportation Criteria Manual shall govern as the first reference with the 4t' Edition of the NCTCOG Specs second. PAGE 26 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK SUPPLEMENTARY CONDITIONS AMENDMENTS TO GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The following supplements modify, change, delete from or add to the "Proposal Requirements and other General Conditions of the North Texas Council of Governments, October 2004 edition." Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect. To any extent that these Supplementary Conditions may conflict with the Owner -Contractor Agreement, General Conditions or the specifications, these Supplementary Conditions shall control. DEFINITIONS ADD THE FOLLOWING DEFINITIONS: The term "product" as used in this specification includes materials, systems and equipment. The term "provide" as used in this specification means to furnish and install. The term Owner's Representative (OR) in this contract means any City Representative or Project Administrator designated in writing by the Owner i.e., Onsite Inspector, Construction Representative, who represents the Owner. The term Government in this contract specifically means City of Denton. The term MODIFICATION means — (a) Written Amendment, (b) Change Order, (c) Field Order, (d) Work Change Directive EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK Add: Written measurements and dimensions shall be followed at all times. Except where directed by the Owner dimensions shall not be determined by scale or rule. The Contractor shall verify all dimensions by measurements at the job site, and shall take any and all other measurements necessary to verify the Drawings and to properly lay out the Work. Any discrepancy affecting the layout of the Work shall immediately be reported to the Owner's Representative for interpretation. Add: By signing the proposal sheet, the Contractor represents that he has read and understands all plans, specifications, and general design standards involved with this contract. SURETY BONDS Add: All bonds must be submitted on City forms. These forms are provided under the Bidding Documents Section of this contract. PRIORITY TO CONTRACT DOCUMENTS Replace: When any portion of the Contract Documents is contradicted by another, the more specific shall prevail. Upon receiving a written request by the contractor for interpretation the PAGE 27 OF BID #3516 Bidder's Initial ANNUAL CONTRACT FOR CONCRETE WORK Owner shall issue a written clarification for the matter in question. Where any discrepancy or conflict may occur between the General Conditions and these Supplementary Conditions, these Supplementary Conditions shall have priority. CORRELATION AND INTENT OF DOCUMENTS Add: Standard specifications and manuals of technical societies, organizations or associations, or statutes and regulations of governmental agencies used as a reference in the Contract Documents, either by specific statement or implication, shall mean the latest standard specification, manual, code, statute, or regulation in effect at the time of opening of Bids. No provision of any such reference used in the Contract Documents shall change or reassign the duties and responsibilities of the Owner, Contractor, Architect, or any consultants and agents of any of them from those set forth in the Contract Documents. Add: During the course of the Work, should any discrepancy be found in or between the Drawings and Specifications, the Contractor, by the fact of submitting Contractor's bid, shall be deemed to have estimated the more expensive way of completing the Work, unless the Contractor shall have reported the discrepancy prior to bid opening. CONTRACT DRAWINGS AND SPECIFICATIONS Add: All site grade elevations shown on the Drawings shall be checked from established benchmarks and shall be confirmed by the Contractor. Discrepancies discovered shall be reported to the Owner for adjustment before any Work begins. The Contractor's commencement of the Work shall constitute Contractors acceptance of all existing site grade elevations as correct or otherwise workable. The Contractor shall not be due additional compensation for grade variations or discrepancies except by written agreement before construction begins. ERRORS AND CORRECTION IN DRAWINGS AND SPECIFICATIONS Add: If the nature of the error, inconsistency or omission is such that it would have reasonably been discovered by a competent, experienced Contractor, then the Contractor shall be responsible just as if construction activity were performed with the Contractors knowledge of the condition. Add: Errors, inconsistencies or omissions discovered in the Contract. Documents which are reported to the Owner seven (7) days or more before the bid opening shall be corrected by addendum and the Contractor shall not be held responsible. Except for any such reported errors, inconsistencies or omissions, the Contractor shall signify by the fact of submitting his bid that he considered that the entire Work can and will be administered, constructed and completed as described, with interpretation by the Owner where necessary, and that Contractor has satisfactorily provided for such in his bid. Add: CONTRACTOR'S Review of Construction Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to OWNER any conflict, error, ambiguity or discrepancy, which CONTRACTOR may discover and shall obtain a written interpretation or clarification from the Owner before proceeding with any work affected thereby. In the event of a conflict in the Drawings, Specifications, or other portions of the Contract Documents, which were not reported PAGE 28 OF BID #3516 Bidders Initials ANNUAL CONTRACT FOR CONCRETE WORK prior to the Bidding of the Contract, the CONTRACTOR shall be deemed to have included the most expensive in his Bid. EXISTING STRUCTURES Add: The Contractor shall investigate maps, plans, and records maintained by utility companies to ascertain the location of all utilities prior to beginning new or alteration work. Locations of utility lines, whether shown on the Drawings or not, shall be verified and marked prior to start of construction. Any damage caused to any utility as a result of Work on this Project shall be promptly repaired or replaced at the sole expense of the Contractor and no additional money will be paid by the Owner. PERFORMANCE OF THE WORK Add: Any failure or neglect on the part of OWNER, PROJECT ADMINISTRATOR, OWNER'S REPRESENTATIVES or INSPECTORS to enforce provisions herein dealing with supervision, control, inspection, testing or acceptance and approval of the work shall never operate to relieve CONTRACTOR from full compliance with the contract documents nor render OWNER liable to CONTRACTOR for money damages, extensions of time or increased compensation of any kind. INDEMNIFICATION Replace: Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless Owner and all of Owner's officials, officers, agents, employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of property occasioned by error, omission, or negligent act of Contractor, Contractor's officers, agents, employees, subcontractors, invitees or any other persons, arising out of or in connection with the performance of this Contract, and Contractor will at Contractor's own cost and expense defend and protect Owner from any and all such claims and demands. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone forwhose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under worker's compensation acts or other employee benefit act. PROGRESS SCHEDULE Add: The construction schedule shall be subject to approval of the Owner or his Representatives. A revised construction schedule shall be submitted at any time the Owner's Representative determines necessary and at least upon the request of payment or submission of an invoice by the Contractor. PAGE 29 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK PERFORMANCE OF THE WORK Add: The following days shall be considered legal holidays: New Year's Day January 1 Martin Luther King's Birthday 3ro Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Thanksgiving Day 4t' Thursday in November Thanksgiving Friday Friday following Thanksgiving Day Christmas Day December 25 A "floating" holiday for Christmas is the date to be determined by the City Manager. If a holiday falls on a Saturday, it will be observed on the preceding Friday. If a holiday falls on a Sunday, it will be observed on the following Monday Add: Unless otherwise specified, where any action, submittal or response falls due on a Saturday, Sunday or legal holiday, such action, submittal, or response shall be considered due on the next day which is not a Saturday, Sunday or a legal holiday. STANDARDS OF CONDUCT GRATUITIES Add : (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the City or a designee determines that the Contractor, its agent, or another representative. (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) If this contract is terminated under paragraph (a) above, the City is entitled to pursue the same remedies as in a breach of the contract (c) The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract COMPLIANCE WITH LAWS Add: Unless otherwise provided fees to be secured and paid by the Contractor shall include, but not be limited to, water taps, sewer taps, water meters, fire hydrants, detector check devices, temporary sanitary facilities, and the like. Contractor shall comply with the City of Denton's standard procedures. Contractor shall secure the building permit, but no fee will be required. Add: It shall be the obligation of the Contractor to review the Contract Documents to determine and to notify the Owner of any discrepancy between the Contract Documents and building c des PAGE 30 OF BID #3516 Bidders Initial ANNUAL CONTRACT FOR CONCRETE WORK or regulations of which the Contractor has knowledge or should be reasonably able to determine. The Contractor shall not violate any zoning, setback or other location requirements of applicable laws, codes and ordinances, or of any recorded covenants of which the Contractor has knowledge. If the Contractor observes that portions of the Contract Documents are at variance with applicable laws, statutes, ordinances, building codes, rules or regulations, the Contractor shall promptly notify the Owner and Project Administrator in writing, and necessary changes shall be accomplished by appropriate modification: PROTECTION OF WORK Add: Any excavation and upper floors shall be kept dry and free from water (from rainfall, seepage, springs and other causes) at all times, and the Contractor shall be responsible for all stoppage of sewer lines resulting from this Work. TRENCH SAFETY Should trenching be required, a change order including terms and conditions of Section 1.24.3 must be approved by the owner. PROTECTION OF WORK AND OF PERSONS AND PROPERTY Add: Attention is called to the regulations issued by the Secretary of Labor pursuant to Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333) entitled "Safety and Health Regulations for Construction" (29 CFR Part 1926). The Contractor shall be required to comply with those regulations to the extent that any resulting Contract involves construction. Explosives shall not be used or delivered to the site without the written approval of the Owner and issuance of required permits from governmental authorities. PAYMENT FOR LABOR AND MATERIAL; NO LIENS Add: The issuance of a Certificate for Payment will constitute a representation by the Owner's Inspector to the Owner, based on the Inspector's observations at the site and the data comprising the application for Payment, that the Work has progressed to the point indicated and that, to the best of the Inspector's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Inspector. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. The acceptance by the Contractor of the final payment shall operate as and shall be a release to the Owner from all claims or liabilities under the Contract, for anything done or furnished or relating to the Work under the Contract or for any act or neglect of the Owner relating to or connected with the Contract. A Release of Claim will be provided by the Contractor on all requests for final payment. Add: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other person or organization, to the extent practicable, information about amounts paid to CONTRACTOR in accordance with CONTRACTOR's Application for Payment on account of the particular Subcontractor's, Supplier's, and other person's or other organization's Work. nn/ PAGE 31 OF BID #3516 Bidder's Initials 4L ANNUAL CONTRACT FOR CONCRETE WORK CONTRACTOR'S INSURANCE Before the Owner awards the Contract, or the Contractor commences Work in connection with this Contract, or before Contractor allows any subcontractor to commence any Work, Contractor shall purchase insurance with limits as specified within this document under "Insurance Requirements: Exhibits A, A-1, A-2, and Workers' Compensation". The insurance company shall have an A.M. Best's rating of no less than A:VI, or A or better, by Standard & Poor. The Contractor shall comply with the posting requirements of Texas Workers' Compensation Rule 110.110, Section 0.7, as follows: If there is a field office, staging area, or storage yard, the notice must be posted at that location. 2. In the absence of the above, the superintendent or foreman must carrya copy in his vehicle and it must be available to employees. Certificates of Insurance and endorsements affecting coverage required by this clause shall be forwarded to: Tom Shaw Materials Management — City of Denton 901-B Texas Street Denton, Texas 76209 Add: Evidence of Insurance: Before any work at the site is started, CONTRACTOR shall deliver to the OWNER, with copies to each additional identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which OWNER or any additional insured may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. This insurance shall: be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and Work in transit and shall insure against at least the following perils; fire lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other causes of loss as may be specifically required by the Supplementary Conditions; include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); cover materials and equipment in transit to the Project site, and materials that the CONTRACTOR has taken possession of whether stored at the Project site; PAGE 32 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK 4. allow for Partial Utilization of the Work by OWNER; 5. include testing and startup; and 6. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEERwith thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. Insurance Certificate must be submitted and issued with the City listed as the certificate holder. The Cancellation Policy must read as follows: "Should policy shall not be cancelled, non -renewed or materially change without 30 days advanced written notice being given to the owner (City) except when the policy is being cancelled for nonpayment of premium in which case 10 days advance written notice is required. MATERIALS AND WORKMANSHIP; WARRANTIES AND GUARANTEES Add: The Contractor shall determine that project requirements expressed in specified procedures, instructions, manufacturer's recommendations or referenced standards are reasonable and appropriate. Where the Contractor considers any such requirements to be unreasonable or inappropriate, the Contractor shall, prior to performing that portion of the Work, identify to the Owner whether the requirement appears to conflict with accepted construction practice, or will invalidate any required warranty, or may be acceptably achieved with an alternative procedure or installation. The Contractor shall propose an alternative procedure or installation only if he warrants the end result to be equal or superior to the original requirement. Add: It shall be the Contractor's responsibility to ensure that no building materials containing any form of asbestos are incorporated into the Work. Any such material shall be removed and satisfactorily replaced without additional cost to the Owner. Add: Any failure or neglect on the part of OWNER, PROJECT ADMINISTRATOR or OWNER'S REPRESENTATIVE to enforce provisions herein dealing with supervision, control, inspection, testing or acceptance and approval of the work shall never operate to relieve CONTRACTOR from full compliance with the contract documents nor render OWNER liable to CONTRACTOR for money damages, extensions of time or increased compensation of any kind. Add: If any Work is covered contrary to the request of the OWNER'S REPRESENTATIVE, it must, if requested by THE OWNER'S REPRESENTATIVE, be uncovered for observation and replaced at CONTRACTOR'S expense. In circumstances different from paragraph above, if OR considers it necessary or advisable that covered Work be observed by the OR or inspected or tested by others, CONTRACTOR at OR's request, shall uncover, expose, or otherwise make available for observation, inspection, ortesting as may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, PAGE 33 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK . attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observations, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. Add: If, instead of requiring correction or removal and replacement of defective Work, OWNER (and prior to OR's recommendation of final payment;) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by OR as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to OR's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. Add: All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 1.27 will be charged against CONTRACTOR, and a Change Order will be issued incorporating all necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. "OR EQUAL CLAUSE" Add: When the terms "or equal," "approved," "acceptable," "necessary," "suitable," "as directed," "good and sufficient" or other such general qualifying terms are used in the Contract, they shall be construed as though followed by the words "in the opinion of the Owner through the Owner's Representative," or"by the Owner through the Owner's Representative," as the case may be. SPECIAL WARRANTY Add: In addition to any specific guarantees required by the Contract Documents, Contractor hereby guarantees to perform the Work in a first-class, workmanlike manner and guarantees all Work against defects in workmanship for a period of one (1) year after the date of Final Acceptance of the Work by the Owner. Final Acceptance of the Work shall be established as the date that, except for adjustments and repairs to be completed under warranty provisions the Work has been fully accomplished The Contractor shall repair and make good, without expense to the Owner, any and all defects in his Work, which may become apparent within that time. Any such repair, including adjustment or replacement, of Work previously accepted shall be similarly warranted by the Contractor for an additional year. SUBCONTRACTORS'AND MAN UFACTU RERS'WARRANTIES Add: Specific and special warranties required in the Contract Documents are in addition to, and not in lieu of, the Contractor's general warranty. The Contractor shall not be relieved of general warranty obligation by the statement of specific products or procedures. The Contractor will be PAGE 34 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK contacted to resolve any issues with Subcontractors and Manufacturer's warranties and shall be the City's Representative in these matters to the fullest extent possible. WARRANTY SERVICE CLAUSE Add: Under the terms of the warranties which arise from these Contract Documents and/or by the terms of any applicable special warranties required by the Contract Documents, if any of the Work in accordance with this Contract is found to not be in accordance with the requirements of the Contract Documents, the Contractor shall correct such Work promptly after receipt of written notice from the Owner or the Owner's Representative or other entity as the Contract Documents may provide. This obligation shall survive acceptance of the Work under the Contract and termination of the Contract. If Contractor fails within a reasonable time after written notice to correct defective Work or to remove and replace rejected Work, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any provision in the Contract Documents, either the Owner or its designee may, after seven (7) days' written notice to Contractor, correct and remedy any such deficiency at the expense of the Contractor. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Add: All Shop Drawings shall be in strict compliance with the Contract Documents. The CONTRACTOR may seek a deviation by requesting a Modification. All approved Written Amendments, Change Orders, Field Order and/or Work Change Directives shall be incorporated into the Shop Drawings. The CONTRACTOR may submit a Shop Drawing or sample that varies from strict compliance with the Contract Documents providing the submittal is accompanied by a Shop Drawing Deviation Request form. If the proposed Modification is approved bythe OWNER, the submittal will be considered to be in strict compliance with the Contract Documents and it will be reviewed in accordance with the Contract Documents. If the proposed Modification is not approved, the submittal will be returned to the CONTRACTOR with appropriate comments. All Shop Drawings shall bear a duly executed statement by the CONTRACTOR as set forth hereinunder. THIS SHOP DRAWING HAS BEEN REVIEWED AND DETERMINED TO BE IN ❑ COMPLIANCE ❑ COMPLIANCE SUBJECT TO APPROVAL OF ATTACHED CHANGE ORDER/FIELD ORDER AND WITH THE CONTRACT DOCUMENTS AS MODIFIED BY ADDENDA, CHANGE ORDER AND FIELD ORDER. CONTRACTOR BY DATE PAGE 35 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK MEANS AND METHODS OF CONSTRUCTION Add: Where any concrete or asphalt paving occurs outside the property line for any project (e.g. drive approach, sidewalk, etc.), subgrade shall be prepared in a manner identical to that required for similar paving within the property lines, unless specifically approved otherwise by the Owner. STANDARD REFERENCES Add as a new subparagraph: (a) All documents and publications (such as, but not limited to, manuals, handbooks, codes, standards and specifications) cited in this contract for the purpose of establishing requirements applicable to equipment, materials, orworkmanship underthis contract, shall be deemed to be incorporated herein as fully as if printed and bound with the specifications of this contract, in accordance with the following: (1) Wherever reference is made to Interim Federal Specifications, Interim Amendments to Federal Specifications, Interim Federal Standards, or Interim Amendmenlsto Federal Standards, the Contractor shall comply with the requirements set out in the issue or edition identified in this contract. (2) Wherever reference is made to any such document other than those specified in subparagraph (1) above, the Contractor shall comply with the requirements set out in the edition specified in this contract, or if not specified, the latest edition or revision thereof, as well as the latest amendment or supplement thereto, in effect on the date of the solicitation on this project, except as modified by, as otherwise provided, or as limited to type, class or grade, by the specifications of this contract. (b) Inquiries regarding "Commercial Standards ", "Product Standards", and "Simplified Practice Recommendations" should be addressed to the Standard Development Service Section, National Bureau of Standards, Washington, DC, 20234. Publications of Associations referred to in the specifications may be obtained directly from the Associations. (c) Upon request the Contractor shall make available at thejob site within a reasonable time, a copy of each trade manual and standard which is incorporated by reference in this contract and which governs quality and workmanship. WORKING AREA; COORDINATION WITH OTHER CONTRACTORS; FINAL CLEANUP Add: The City at its own discretion can provide, if available, space for a job office. This is only available upon the written approval of the City. Otherwise, it is the Contractor's responsibility to establish a small office at his own expense. This should be coordinated at the pre -construction meeting. If the facilities need temporary heat, it shall be of a non -smudging type, as approved by the Owner. The permanent heating system may be used for temporary heat when approved by the Owner. Upon completion of the construction, and before final acceptance of the Work, the Contractor shall repair any damage caused by such temporary use. The enclosed building shall be kept at or above forty degrees (40) Fahrenheit at all times. While painting and interior finishes are being applied, the temperature shall be kept at or above sixty degrees (600) Fahrenheit. PAGE 36 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK Contractor shall secure and pay for all temporary light and power required forthe Work, including any necessary wiring and setting of poles. All Work shall conform to the requirements of the National Board of Fire Underwriters, whose certificate of approval shall be obtained and filed with the Owner before the temporary light and power are used. From the commencement to the completion of the Work, approved sanitary facilities shall be provided by the Contractor. All sanitary facilities shall be acceptable to the public authorities having jurisdiction. OWNER'S RIGHT TO TEMPORARILY SUSPEND WORK Add as a new subparagraph: Failure of the Contractor to comply with the Owner's order to stop the Work may be considered a substantial violation of the Contract. When the Owner has stopped the Work as provided in this subparagraph, the Contractor shall not be entitled to any extension of the Contract Time, or damages for delay, related to the stoppage. Add: If, in the opinion of the Owner, there is an emergency for the furnishing of certain material, or the performance of certain Work, in order to ensure compliance with the terms of the Contract, and if the Contractor fails to furnish such material or to perform such Work within a reasonable time fixed by written notice from the Owner to the Contractor, then the Owner shall have the power to and it may at its election furnish such material and/or perform such Work at the expense of the Contractor and/or Contractor's sureties, who shall be liable therefore. In the determination of the question whether there has been such non-compliance with the Contract as to warrant its suspension or the furnishing of material, or the performance of Work by the owner as herein provided, the decision of the Owner shall be final. The enumeration of the options and privileges of the Owner as herein before set forth is not and shall never be considered as the only rights, options or remedies of the Owner, and it is expressly agreed that the Owner may pursue any other and further option, right and remedy accorded to it at law and in equity. Add: The Contractor shall suspend such part or parts of the Work pursuant to a court order issued against the Owner and shall not be entitled to additional compensation by virtue of such court order; neither shall the Contractor be liable to the Owner in the event the Work is suspended by such court order, unless such suspension is due to the fault or negligence of the Contractor. NO ADDITIONAL COMPENSATION Add: Contractor will not be entitled to loss of anticipated profits pursuant to any claim under this Agreement. USE OF COMPLETED PORTIONS OF WORK Add: The temporary ortrial usage by the Owner of any mechanical devise, machinery, apparatus, equipment, or any Work or materials supplied under this Contract before completion and final acceptance of the Project shall not be construed as an evidence of acceptance of any of these items by the Owner's Representative. The Owner shall have the privilege of such temporary and trial usage, for such reasonable length of time as the Owner's Representative shall deem to be proper for making a complete and thorough test of these items. No claim for damage shall be made by the Contractor for the injury to or breaking of any parts of such Work which may be caused by weakness or inadequacy of structural parts or by defective material or workmanship related to these items. If the Contractor so elects, Contractor may, at Contractor's own expense, PAGE 37 OF BID #3516 Bidder's Initials _ ANNUAL CONTRACT FOR CONCRETE WORK appoint and place a competent person or persons, satisfactory to the Owner's Representative, to make such trial usage, such trial being under the supervision of the Owner's Representative. When early acceptance of a Substantially Completed portion of the Work is accomplished in the manner indicated, the correction period for that period of the Work shall commence at the time of substantial completion of that Work. DELAYS, EXTENSION OF TIME, LIQUIDATED DAMAGES Add: The term "unforeseeable cause" shall mean: An act of God in the form of unusually severe weather conditions, including storms, flood, fire or similar event, that could not have been anticipated or guarded against and which materially affects the Work site, including access or egress thereto; 2. A riot or war situation actually involving the site or actually preventing the Contractor from working on the site, but not including any situation involving suppliers off -site other than those essential suppliers as supplied by the City; or 3. An unanticipated strike involving the forces actually working on the project or involving the employees of those essential suppliers, but no other labor stoppage. No event shall be deemed an Unforeseeable Cause for the purposes of this Agreement unless it actually and directly necessitates a delay in the Work which could not be otherwise remedied by taking reasonably prudent steps, and the Contractor could not reasonably adjust the schedule of the remaining Work to deal with, make up for, or otherwise work around the delays resulting from the Unforeseeable Cause(s). The notice shall, in writing, specify the Unforeseeable Cause(s) and the anticipated effect it will have on that Contractor's abilities to perform Contractor's obligations along with a plan to deal with the effects of such Unforeseeable Causes and proposed amendments to all affected schedules necessarily resulting there from. No adjustment shall be made to the Contract price, and the Contractor shall not be entitled to claim or receive any additional compensation as a result of or arising out of any delay resulting in the adjustment of the working time, due to any of the factors outlined within this Section and/or Item 1.36. Extensions of time because of "Unusually Severe Weather" will be granted only to the extent that the number of days of precipitation (0.01 inch or more) or the number of days of freezing weather (32 degrees F and below) exceeds the mean for that month, and because such unusually severe weather prevented the execution of major items of Work on normal working days. The mean number of days of precipitation and freezing weather shall be as established by the National Oceanic. and Atmospheric Administration for the closest reporting station to the project. It is the Contractor's responsibility to request within seven (7) days of such occurrence a request fora time extension and submit all data to substantiate the number of days requested due to such an occurrence. The decision by the Project Administrator shall be final. Claims for extension of time must be submitted within seven (7) days after the beginning of the PAGE 38 OF BID #3516 Bidder's Initia1sc-4___ ANNUAL CONTRACT FOR CONCRETE WORK delay, and shall be in whole- or half -day increments. Add: Unless specifically stated in another provision(s) of this Contract, whether relating to time of performance or otherwise, Owner makes no representation or guarantee as to when the construction site or any part thereof will be available for the performance of the Contract, or as to whether conditions at the construction site will be such as to permit the Contract to be performed thereon without interruption or by any particular sequence or method or as to whether the performance of the Contract can be completed by the time required under this Contract or by any other time. Add: The Contractor shall receive no compensation for delays or hindrances to the Work, except as otherwise provided herein. No such extension of time shall release the Contractor or the surety on Contractor's performance bond from all Contractor's obligations hereunder which shall remain in full force until the discharge of the Contract. Add: Wherever in connection with this Contract it is required, expressly or otherwise, that Owner shall perform any act relating to the Contract, including making available or furnishing any real property, materials or other things, no guarantee is made by the Owner as to the time of such performance and the delay of Owner in fulfilling such requirement shall not result in liability of any kind on the part of Owner except only to the extent, if any, that an extension of time or compensation may be due as expressly provided for in this Contract. Add: Written notification shall be required for any party considered to be in breach of the Contract. Such notification shall give at least seven (7) days' written notice of the alleged breach of the Contract, specifying in what point the Contract has been violated and identifying appropriate measures for compliance with the Contract. Failure of the notified party to respond within the specified time may be cause for considering the notified party to be guilty of a substantial breach of a provision of the Contract Documents. CHANGE OR MODIFICATION OF CONTRACT Add: The total origin Contract amount shall not be increased more than twenty-five percent (25%) of the total award amount. Add: When the changes in the Work are caused or requested by the Contractor, Contractor agrees to bear costs of additional architectural services, both direct and indirect, required for effecting the change, and to make acceptable adjustments in related construction at no additional cost to Owner and without reduced quality in the Project. Add: Where these Contract Documents refer to "Change Order," each reference shall be understood to mean "Change Order, Construction Change, or Supplemental Agreement". Add: Unilateral Modification: The Project Administrator may issue a unilateral modification at anytime that a supplemental agreement cannot be reached by either party. In this instance this is the final decision of the owner. The Contractor must submit in writing within 7 days any disagreement with this unilateral modification. If this disagreement is not received in writing to the Owner's Representative within 7 days from the date of the unilateral modification, the Contractor accepts it, in its entirety, and waives it rights to any claims in regard to this unilateral modification. This unilateral modification shall address changes in price or in time, if any. PAGE 39 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK Add: Interpretations and decisions of the Owner's Representative will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Owner's Representative will endeavor to secure faithful performance by both Owner and Contractor. Add: The Contract Times (or Milestones) may only be changed by a Change Order or Written Modification INCREASED OR DECREASED QUANTITIES OF WORK Add: The Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times or a change in scope and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order. The Contractor shall notify the Purchasing Official in writing prior to beginning any Work addressed in a Field Order if the Contractor does not agree that the Work involved represents no additional change of scope cost and/or time change in the Contract Documents. ALTERATION OF PLANS AND SPECIFICATIONS Add: When requesting a substitution, the Contractor shall submit a statement of the reason for the proposed substitution, with such substantiating documents as may be required by the Owner for review. Proposed substitutions shall be subject to the Owner's final approval. Add: Substitutions of materials, products, or suppliers constitute changes in the Work and must be incorporated into the Contract by Change Order. The Contractor may propose substitutions only where one or more of the following conditions exist: Specified material or product cannot be provided and incorporated into Work in time allowed due to conditions beyond control of Contractor, or 2. The substitution is required for compliance with final interpretation of code requirements or insurance regulations, or 3. Subsequent information reveals that the specified material or product will not perform properly or fit correctly in the designated space, or 4. The manufacturer or fabricator refuses to certify or guarantee performance of the specified product as required, or 5. Owner will benefit by improved project or reduced cost. Owner shall receive appropriate benefit of any cost reductions. EQUITABLE ADJUSTMENT CLAUSE Add: The Equitable Adjustment relating to this contract shall be done when adjusting the contract award amount. Increases in quantities above the lump sum bid and prior to final payment should be made by modification by the Procuring Official before work is performed by the Contractor. All funding must be approved before such increases. The Contractor has the obligation to notify the PAGE 40 OF BID #3516 Bidder's Initial_ ANNUAL CONTRACT FOR CONCRETE WORK Owner's Representative if an increase is necessary or needed for the completion. This increase must be approved before work is performed or materials ordered. DISPUTED WORK AND CLAIMS FOR ADDITIONAL COMPENSATION Add: If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Owner, the Owner will notify the parties in writing that the Project Administrator's decision will be made within seven (7) days. Upon expiration of such time period, the Owner's Representative will render to the parties the Owner's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. Add: Written notice stating the general nature of the Claim, dispute, or other matter shall be delivered by the claimant to Owner promptly (but in no even later than 7 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the Project Administrator within 30 days after the start of such event (unless Project Administrator allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 1.37.4 and 1.39 of these supplementary conditions. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. OWNER'S REPRESENTATIVE'S FINAL DETERMINATION Add: It is expressly agreed by the Contractor and Contractor's surety that they and each of them will be fully and completely bound by each and every decision of the Owner or Owner's Representative in all matters pertaining to this Contract unless the Contractor or Contractor's surety shall prove by clear, convincing and unmistakable proof that such decision is arbitrary and not grounded upon any evidence of facts reasonably calculated to support such decisions. Add: OWNER'S REPRESENTATIVE will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred to the ORDERING OFFICIAL in writing, in accordance with paragraph 1.39 and the Terms and Conditions with a request for a formal decision. The Project Administrator's formal decision shall be the Owner's final determination. The rendering of a decision by the Project Administrator pursuant to this paragraph and with respect to any such claim, dispute, or other matter (except any which have been waived by the acceptance of final payments as provided in paragraph 1.51) will be a condition precedent to any exercise by CONTRACTOR of any rights or remedies it may otherwise have under the Contract Documents or by Laws or Regulation in respect to any such claim, dispute, or other matter. INSPECTION AND TESTS Add: Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having PAGE 41 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing agency hired by the Owner, or with the appropriate public authority. The Contractor shall give the Owner's Representative (OR) timely notice of when and where tests and inspections are to be made so the OR may observe such procedures. Approved inspections of the Work or portions thereof by a public authority inspecting under a specific construction code shall not be considered final acceptance of the Work. Final acceptance of the Work shall be under the authority of the OR and the Project Administrator. Unless otherwise provided, the Owner shall bear costs of services of the independent testing agency when such services are specified bythe Contract Documents and result in evidence that the Work complies with requirements established in the Contract Documents. The Contractor shall bear costs of all other services of the independent testing agency, including but not limited to retesting of Work that has failed or been rejected, retesting of Work not meeting requirements of the Contract, and expenses of the testing agency related to the Contractor's mis-coordination of the Work to be observed or tested, and costs thereof deducted from the Contract Sum. Amend to read as follows: If the OR determines that any Work requires special inspection, testing, or approval, the OR will, upon written authorization from the Owner, order such special inspection, testing or approval. The Contractor shall give notice per this contract. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, the Contractor shall bear all costs thereof, including compensation for the OR's additional services and any additional engineering or architectural services made necessary by such failure, and an appropriate Change Order shall be issued. Otherwise, the Owner shall bear such costs FINAL INSPECTION Add: The term "final acceptance" means agreement by the Owner that the Work, or any portion thereof to which this term is applied, has been satisfactorily completed, providing that any subsequent failure or other latent defect apparent within the Contractor's warranty period shall invalidate a previous acceptance. NO WAIVER OF RIGHTS OR ESTOPPEL Add: Inspection by the OR; any order, measurement, quantity or certificate by the OR; any order by the OWNER for payment of money; any payment for or acceptance of any work; or any extension of time or any possession taken by the OWNER shall not operate as a waiver of any provisions of the contractor any power therein reserved to the OW NER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other or subsequent breach. The OWNER reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract documents. The OWNER reserves the right to recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion by the CONTRACTOR of his agents and the OR of his assistants, discovered in the work after the final payment has been made. Neither final acceptance of the work nor final payment shall relieve the CONTRACTOR of responsibility for faulty materials or workmanship, and the CONTRACT shall promptly remedy and defects due thereto and pay for any damage to other work resulting therefrom. Likewise, neither final acceptance nor final payment, nor partial or entire use or occupancy of the work by the OWNER shall constitute acceptance of work not done in accordance with the contract documents or relieve PAGE 42 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK CONTRACTOR of liability with respect to any expressed or implied warranties or responsibility for faulty materials or workmanship, whether same be patently or latently defective. CONTRACTOR DEFAULT, OWNER'S RIGHT TO SUSPEND WORK AND ANNUAL WORK Add: Upon the suspension of a Contract for furnishing material, machinery, or associated labor, the Owner may purchase the material or machinery, or associated labor necessary in the opinion of the Owner to complete the Contract in such manner as the Owner may deem proper, and the cost and expense thereof may be charged to the Contractor and/or Contractor's surety. Upon suspension of a Contract for construction or installation, the Owner may, in its discretion, take possession of all or any part of the machinery, tools, appliances, materials and supplies used on the Work covered by the Contract, or that have been shipped or delivered by or on account of the Contractor for use in connection therewith, and the same may be used either directly by the Owner, or by other parties for it, for the completion of the Work so suspended; or the Owner may employ other parties to perform the Work, or may substitute other machinery or materials, purchase the material contracted for in such manner as it may deem proper, or hire such parties and buy such machinery, tools, appliances, materials and supplies, at the Contractor's expense, as may be necessary in the opinion of the Owner, for the proper conduct and completion of the Work. Add: The Contractor assumes the risk of all suspensions of or delays in performance of the Contract, regardless of length thereof, arising from all causes whatsoever, whether or not relating to this Contract, including wrongful acts or omissions of Contractor's subcontractors except only to the extent, if any, that compensation or an extension of time may be due as expressly provided for elsewhere in this Contract for such suspension or delays. And subject only to such exception, the Contractor shall bear the burden of all costs, expenses and liabilities which Contractor may incur in connection with such suspensions or delays, and all such suspensions, delays, costs, expenses and liabilities of any nature whatsoever, whether or not provided for in this Contract, shall conclusively be deemed to have been within the contemplation of the parties. Add: The written order of the OWNER to the CONTRACTOR shall state the reasons for suspending the work and the anticipated periods for such suspension. Upon receipt of the OWNER's written order, the CONTRACTOR shall suspend the work covered by the order and shall take such means and precautions as may be necessary to properly protect the finished and partially finished work, the unused materials and uninstalled equipment, including the providing of suitable drainage about the work and erection of temporary structures where necessary. The CONTRACTOR shall not suspend the work without written direction from the OR and shall proceed with the work promptly when notified by the OR to resume operations. Add: Any cost, damage and expense to the Owner above the Contract price arising out of the happening of any or all of the contingencies in 1.44 (General Conditions) specified and contemplated shall be charged to and paid in full by the Contractor and/or Contractor's surety. Any other loss, of any nature, occasioned to the Owner by reason of default or failure of the Contractor and/or by any breach of this Contract shall also be borne and paid by the Contractor and/or Contractor's surety. In the event that the Owner shall suspend the Contract or take over the Work in whole or in part, such action shall not relieve either the Contractor or Contractor's surety from any of the covenants, conditions, obligations or liabilities imposed upon them by this Contract and/or by the Contractor's bond. PAGE 43 OF BID #3516 Bidder's Initials 4- ANNUAL CONTRACT FOR CONCRETE WORK SUBCONTRACTS Add: The Contractor shall not contract with any person or entity declared ineligible under Federal laws or regulations from participating in Federally assisted construction projects or to whom the Owner or the Project Administrator has made reasonable objection under the provisions of this contract. Add: The Contractor shall notify the Owner/Project Administrator in writing when the Contractor proposes to change any subcontractor, person or entity previously selected. Replacement of the subcontractor shall not provide a basis for an increase or decrease of the Contract amount. Add: (a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the City. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors, or to limit the work performed by any trade. (b) The Contractor shall be responsible to the City for acts and omissions of his own employees and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors and suppliers. (c) The City will not undertake to settle any differences between or among the Contractor, subcontractors, or suppliers. WAGE RATES Add as a new subparagraph: Contractor and Subcontractors shall comply with V.T.C.A. Government Code Chapter 2258, as amended, in performing this project. In accordance with Chapter 2258, as amended, the prevailing wage rates as set forth in the Contract Documents shall be paid on this project. For overtime work and legal holidays, the hourly rate shall be one and one-half times the basic hourly rate set forth in Schedule "PV-1", a copy of which is attached hereto and incorporated herein for all purposes. The City may require an affidavit stating that the contractor has complied with the prevailing wage rate provision of the Contract Documents priorto acceptance of the project or at any time during or after completion of the contract. The City reserves the right to conduct interviews with the Contractor's and subcontractors' employees to insure compliance with V.T.C.A. Government Code Chapter 2258, as amended and with all applicable local, state and federal laws. Upon written request by City, the Contractor shall be responsible for submitting payroll information to the City for all employees performing work on the project, whether employed by the Contractor or a subcontractor. Each submittal shall be certified by the Contractor as to completeness and accuracy. A Contractor or subcontractor in violation of Chapter 2258 of the Texas Government Code, as amended, is liable for a penalty. That Contractor or subcontractor shall pay to the City Sixty and NO/100 Dollars ($60.00) for each laborer, worker, or mechanic employed for each calendar day, or portion thereof, that such laborer, worker, or mechanic is paid less than the prevailing wage rates specified herein for work done under this contract. Nothing herein shall preclude the Contractor or subcontractor from paying higher wages than specified herein. If the construction project involves the expenditure of federal funds in excess of Two Thousand and NO/100 Dollars ($2,000.00), the minimum wages to be paid various classes of laborers and PAGE 44 OF BID #3516 Bidder's Initials 01V_ ANNUAL CONTRACT FOR CONCRETE WORK mechanics will be based upon the wages determined by the Secretary of Labor to be prevailing on a project of a character similar to the contract work in the City of Denton or the Prevailing Wage Rates, whichever is higher. A Contractor. or Subcontractor violating a requirement of this paragraph may be determined ineligible to submit future proposals on or to receive any additional work during the calendar year following the year in which the violation occurred. MONTHLY ESTIMATE, PARTIAL PAYMENTS, RETAINAGE, FINAL INSPECTION, ACCEPTANCE AND FINAL PAYMENT Add: After CONTRACTOR has satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. RETAINAGE The amount of retainage with respect to progress payments will be five percent (5%) of the total amount of completed Work and properly stored materials on hand. In addition to the amount retained above, the OWNER may retain additional amounts as setforth elsewhere in the Contract Documents. The Owner shall not be deemed to be in breach of this Contract by reason of the withholding of any payment pursuant to any provision of the Contract Documents unless the Work for which payment is being withheld would have been rejected by any governmental authority, the Owner, Owner's Representative or Project Administrator. In no event shall any interest be due and payable by the Owner to the Contractor, any Subcontractor or any other party on any of the sums payable by the Owner under this Contract, including, without limitation, the sums which the Owner is authorized to retain pursuant to the Contract Documents. FINAL INSPECTION AND ACCEPTANCE Add: In the event the CONTRACTOR fails to attain Substantial Completion of the Project within the Contract Time set forth in the Contract Agreement, the OWNER may withhold money permanently from the CONTRACTOR's total compensation as liquidated damages. In the event the CONTRACTOR fails to attain Final Completion of the entire Project within the Contract Time, the OWNER may withhold money permanently from the CONTRACTOR's total compensation, the amount indicated in the contract per day as liquidated damages. The OWNER will be the sole judge as to whether the work has been completed within the allotted time. Accordingly, it is agreed and understood that said amount is to be assessed by the OWNER, not as a penalty, but as a predetermined and agreed upon liquidated damage. Additionally, assessment of liquidated damages by the OWNER shall not constitute a waiver of the OWNER's right to sue and collect additional damages which OWNER may sustain by the failure of the CONTRACTOR to perform in accordance with the terms of its Contract. Add: If after Substantial Completion of the Work final completion thereof is materially delayed though no fault of the CONTRACTOR, and the Owner's Representative so confirms, OWNER, PAGE 45 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK upon certification by OR, and without terminating the Agreement, may make payment of all of a Portion of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for the Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in the contract, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to OR priorto certifications of such payment. Such payment shall be made under the terms and conditions governing final payment, except that is shall not constitute a waiver of claims. The acceptance of final payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER. Contractor shall provide a release of claims for each final payment requested. The final payment will be rejected and returned for non-payment if there is not a duly executed release of claims by the Contractor. PAYMENT WITHHELD Add: OWNER may permanently withhold payment from Contract Price for: • liquidated damages incurred by CONTRACTOR • costs for tests performed by the OW NER to verify that work previously tested and found to be defective has been corrected. Verification testing is to be provided at the CONTRACTOR's expense to verify products or constructed works are in compliance after corrections have been made. EQUAL OPPORTUNITY Add: The Contractor and the Contractor's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, disability or national origin. TERMINATION FOR CONVENIENCE BY THE OWNER Add: This Contract provides for Termination for Convenience. The Contract may be terminated by the Owner if the need for the completed project is obviated or the funds required to complete the project are no longer available or for other reasons related to the Owner's needs or convenience. Such action by the Owner may be taken after the schedule of notification specified in the Contract. The Owner shall be responsible to the Contractor for payments for all portions of the Work completed and accepted by the Owner at the time of the notification, including payment for materials and equipment, which have been purchased by the Contractor for incorporation into the Work. This amount shall be determined by the Owner based upon Work that has been accepted and the remaining Work to be completed in accordance with the Contract Documents. Underthis termination, the Owner shall not be responsible to the Contractor for anticipated profits or other expenses of the project related to the future Work not to be performed. Add: If, after notice of termination of the employment of the Contractor, it is determined for any reason that the Contractor was not in default of the Contract, or other specified reason for termination has been found to be invalid, the rights and obligations of the parties shall be he same as if the notice of termination had been issued pursuant to Termination for Convenience. The Contract shall be equitably adjusted to compensate for such termination and the Contract modified accordingly. PAGE 46 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK CONTRACTOR ACTION Add: After a receipt of a notice of termination, and except as otherwise directed by the Owner, the CONTRACTOR shall: 1. stop work under the contract on the date and to extent specified in the notice of termination; 2. place no further order or subcontracts for materials, services or facilities except as may be necessary for completion of such portion the work under the contract as is not terminated; 3. terminate all orders and subcontract to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the OWNER and deliver in the manner, at the times, and to the extent, if any. a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be fumished to the OWNER 5. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the OR may direct, for the protection and preservation of the property related to its contract which is in the possession of the CONTRACTOR and in which the OWNER has or may acquire an interest. At a time not later than 30 days after the termination date specified in the notice of termination, the CONTRACTOR may submitto the OWNER a list, certified as to the quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Owner's Representative. Not later than 15 days thereafter, the OWNER shall accept title to such items and remove them or enter into a storage agreement covering the same, provided that the list submitted shall be subject to verification by the OWNER upon removal of the items, or, if the items are stored, within 45 days from the date of submission of the list, and provided that any necessary adjustments to correct he list as submitted shall be made prior to final settlement. Add: Within 60 days after notice of termination, the CONTRACTOR shall submit his termination claim to the Project Administrator in the form and with the certification prescribed by the Project Administrator. Unless one or more extension in writing are granted by the Project Administrator upon request of the CONTRACTOR, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. Add: Subject to the provisions of this contract, the CONTRACTOR and OWNER may agree upon the whole or any part of the amount or amounts to be paid to the CONTRACTOR by reason of the total or partial termination of work pursuant hereto, provided that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be PAGE 47 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK amended accordingly, and the CONTRACTOR shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in these provisions hereunder, prescribing the amount to be paid to the CONTRACTOR in the event of failure of the CONTRACTOR and the OWNER to agree upon the whole amount to be paid to the CONTRACTOR by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the CONTRACTOR pursuant to this paragraph. Add: In the event of the failure of the CONTRACTOR and the OWNER to agree, as provided in these provisions, upon the whole amount to be paid to the CONTRACTOR by reason of the termination of work pursuant to this section, the OWNER shall determine, on the basis of information available to it, the amount, if any, due to the CONTRACTOR by reason of the termination and shall pay to the CONTRACTOR the amount determined. No amount shall be due for lost or anticipated profits. In arriving at the amount due to the CONTRACTOR under this section, there shall be deducted: * all unliquidated advance or other payments on account theretofore made to the CONTRACTOR, applicable to the terminated portion of this contract; * any claim which the OWNER may have against the CONTRACTOR in connection with this contract; and The agreed price hereunder shall be partial prior to the settlement of the terminated portion of this contract, the CONTRACTOR may file with the Owner's Representative a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), and such equitable adjustments as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the OWNER and the CONTRACTOR to agree upon the amount or amounts to be paid to the CONTRACTOR for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. Nothing contained in this section shall limit or alter the rights which the OWNER may have for termination of this contract under these provisions hereof entitled "CONTRACTOR default; OWNER's Right to Suspend Work and Annual Contract" or any other right which OWNER may have for default or breach of contract by CONTRACTOR. STATE AND LOCAL SALES AND USE TAXES Add: The Contractor shall be responsible to pursue with the State Comptroller any tax exemption for equipment and materials to be incorporated into this project. SEVERABILITY Add: If any of terms, paragraphs, sections, provisions, covenants or conditions of the Contract are held for any reason to be invalid, void or unenforceable, the remainder of the terms, paragraphs, sections, provisions, covenants or conditions will remain in full force and effect and shall in no way be affected, impaired or invalidated. PAGE 48 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK ENGLISH VERSION Add New: In the event of inconsistency between any terms of this contract and any translation thereof into another language, the English language meaning shall control. END OF SUPPLEMENTARY CONDITIONS PAGE 49 OF BID #3516 Bidder's Initials ANNUAL CONTRACT FOR CONCRETE WORK LABOR STANDARDS AND SCHEDULE OF APPLICABLE WAGE RATE WAGES AND OVERTIME A. Overtime: Work that the contractor performs on overtime for the contractor's benefit is not billable to the Owner. B. Wage Rates: Requirements a) Pay not less than the minimum wage scale and benefits indicated on the "Minimum Wage Schedule" provided herein. b) Wages listed are minimum rates only. c) No claims for additional compensation will be considered by the Owner because of payments of wage rates in excess of the applicable rate contained herein. Applicable Statutes: Vernon's Civil Statutes, Section 2 of Article 5159a, which states as follows: "...The contractor shall forfeit as a penalty to the State, County, City and County, City, Town, District or other political subdivision on whose behalf the contract is made or awarded, ten dollars ($10.00) for each laborer, workman or mechanic, for each working day, or portion thereof, such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under said contract, by him, or by any subcontractor under him, and the public body awarding the contract shall cause to be inserted in the contract a stipulation to this effect..." 2. Payroll: In compliance with Article 5159a, Sections 2 and 3, of the Revised Civil Statute referenced above, the Owner reserves the rights as defined by Section 3 which states as follows: "Sec. 3. The contractor and each subcontractor shall keep, or cause to be kept, an accurate record showing the names and occupations of all laborers, workmen and mechanics employed by him, in connection with the said public work, and showing also the actual per diem wages paid to each of such workers, which record shall be open at all reasonable hours to the inspection of the public body awarding the contract, its officers and agents." 3. Minimum Wage Rates: a) Pay prevailing basic wage listed, plus any applicable fringe benefits. PREVAILING WAGE SCALE NOTICE i. Prevailing wages shall not be construed to prohibit the payment of more than the rates named. Under no condition shall any laborer, workman or mechanic employed on this job be paid less than the minimum wage scale. ii. In execution of this contract, the contractor must comply with all applicable state and federal laws, including but not limited to laws concerned with labor, equal employment opportunity, safety, and minimum wage. PAGE 50 OF BID #3516 Bidder's Initials A- ANNUAL CONTRACT FOR CONdll TVtWORK iii. The following wage rates have been represented to the Owner as being relatively current and accurate. Anyone knowing these wage rates to be in error shall bring this to the attention of the Owner's representative so an Addendum can be issued, if the new rates can be substantiated. The Owner and Owner's representative shall not be held responsible for errors in these wage rates. c) Apprentice Pay - All Trades and Crafts: The minimum rate for apprentices shall be in accordance with the scale determined by an approved apprenticeship program or $1.00 per hour less than journeyman's rates, whichever is lower. An approved apprenticeship program is one approved by the U.S. Department of Labor, Bureau of Apprenticeship Training, and only apprentices enrolled in an approved program may be paid apprenticeship rates. d) Base Per Diem Rate: Hours worked per day, times base hourly rate. e) Multipliers for Overtime Rates: Over 40 hours per week: Base hourly rate times 1.5. ii. Holidays: Base hourly rate times 1.5. PERMITS A. The contractor shall obtain all permits required and give all legal notices. All City permits can be obtained at no cost to the contractors. All other non -city fees are the responsibility of the contractor. Contractor shall comply with all ordinances and laws. Any and all work done which does not meet the requirements of any local authorities must be properly redone, and incidental work replaced by the contractor, without any cost to the Owner. PAGE 51 OF BID #3516 Bidder's Initials A-