2012-261
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FirstAmendmenttoContractKOrdinanceNo.201501902/03/15JR
ORDINANCE NO. 2012-261
AN ORDINANCE ACCEPTING COMPETITNE BIDS AND AWARDING A BEST VALUE,
INITIAL THREE (3) YEAR CONTRACT, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, FOR ASPHALT AND CONCRETE STREET
SECTIONS AND REPAIR SERVICES FOR THE CITY OF DENTON STREET DEPARTMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 4974-AWARDED TO JAGOE-PUBLIC CO. 1N THE ANNUAL
ESTIMATED EXPENDITURE OF $1,500,000 AND A FIVE YEAR ESTIMATED TOTAL OF
$7,500,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the ofiice of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
4974 Jagoe-Public Co. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4974 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ���day of ��'�6�,/1� , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
BY:
APPRO D AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY:
3-ORD- 4
IFB # 4974
Exhibit A
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Item No. Est. Qty. UoM Type of Service Requested Jagoe Public Co.
1 3,500 SY Cut and Remove 4" Concrete Sidewalk - 500 to 2000 SY $28.00
2 3,500 SY Cut and Remove 4" Concrete Sidewalk- 2001 to 5000 SY $22.50
3 3,500 SY Replace 4" Concrete Sidewalk- 500 to 2000 SY $47.00
4 3,500 SY Replace 4" Concrete Sidewalk-2001 to 5000 SY $42.00
5 2,500 SY Cut and Remove 5" Concrete Sidewalk - 500 to 2000 SY $29.00
6 2,500 SY Cut and Remove 5" Concrete Sidewalk- 2001 to 5000 SY $23.50
7 2,500 SY Replace 5" Concrete Sidewalk- 500 to 2000 SY $47.50
8 2,500 SY Replace 5" Concrete Sidewalk-2001 to 5000 SY $43.00
9 1,500 SY Cut and Remove 6" Concrete Pavement-500 to 2000 SY $30.00
10 4,000 SY Cut and Remove 6" Concrete Pavement-2001 to 5000 SY $24.50
11 1,500 SY Replace 6" Concrete Pavement-500 to 2000 SY $48.00
12 4,000 SY Replace 6" Concrete Pavement-2001 to 5000 SY $44.00
13 1,000 SY Cut and Remove 8" Concrete Pavement-500 to 2000 SY $31.00
14 3,500 SY Cut and Remove 8" Concrete Pavement-2001 to 5000 SY $25.50
15 1,000 SY Replace 8" Concrete Pavement-500 to 2000 SY $52.00
16 3,500 SY Replace 8" Concrete Pavement-2001 to 5000 SY $47.00
17 1,500 SY Cut and Remove 10" Concrete Pavement-500 to 2000 SY $31.50
18 4,000 SY Cut and Remove 10" Concrete Pavement-2001 to 5000 SY $26,50
19 1,500 SY Replace 10" Concrete Pavement-500 to 2000 SY $64.00
20 4,000 SY Replace 10" Concrete Pavement-2001 to 5000 SY $61,50
21 4,500 LF Cut and Remove 24" Curb and Gutter-2001 to 5000 LF $9.50
22 1,800 LF Replace 24" Curb and Gutter-500 to 2000 LF $18.50
23 4,500 LF Replace 24" Curb and Gutter-2001 to 5000 LF $17.25
24 2,000 SY Cut and Remove 2" Asphalt-500 to 2000 SY $3.25
25 5,000 SY Cut and Remove 2" Asphalt-2001 to 5000 SY $2.50
26 2,000 SY Replace 2" Asphalt-500 to 2000 SY $8.50
27 5,000 SY Replace 2" Asphalt-2001 to 5000 SY $7.25
28 2,000 SY Cut and Remove 3" Asphalt-500 to 2000 SY $3.25
29 5,000 SY Cut and Remove 3" Asphalt-2001 to 5000 SY $2.65
30 2,000 SY Replace 3" Asphalt-500 to 2000 SY $11.50
31 5,000 SY Replace 3" Asphalt-2001 to 5000 SY $10.20
32 1,500 SY Cut and Remove 4" Asphalt-500 to 2000 SY $3.95
IFB # 4974
Exhibit A
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Item No. Est. Qty. UoM Type of Service Requested Jagoe Public Co.
33 3,500 SY Cut and Remove 4" Asphalt-2001 to 5000 SY $3,25
34 1,500 SY Replace 4" Asphalt-500 to 2000 SY $15.00
35 3,500 SY Replace 4" Asphalt-2001 to 5000 SY $13.25
36 1,500 SY Cut and Remove 5" Asphalt-500 to 2000 SY $3.90
37 3,500 SY Cut and Remove 5" Asphalt-2001 to 5000 SY $3.75
38 1,500 SY Replace 5" Asphalt-500 to 2000 SY $16.75
39 3,500 SY Replace 5" Asphalt-2001 to 5000 SY $15.20
40 1,800 SY Cut and Remove 6" Asphalt-500 to 2000 SY $4,10
41 3,500 SY Cut and Remove 6" Asphalt-2001 to 5000 SY $3.90
42 1,800 SY Replace 6" Asphalt-500 to 2000 SY $19.50
43 3,500 SY Replace 6" Asphalt-2001 to 5000 SY $18.90
44 1,500 SY Cut and Remove 7" Asphalt-500 to 2000 SY $7.00
45 3,500 SY Cut and Remove 7" Asphalt-2001 to 5000 SY $5.50
46 1,500 SY Replace 7" Asphalt-500 to 2000 SY $23.00
47 3,500 SY Replace 7" Asphalt-2001 to 5000 SY $21.20
48 1,500 SY Cut and Remove 8" Asphalt-500 to 2000 SY $7.25
49 3,500 SY Cut and Remove 8" Asphalt-2001 to 5000 SY $5.50
50 7,500 SY Cut and Remove 8" Asphalt-5001 to 8000 SY $5,00
51 1,500 SY Replace 8" Asphalt-500 to 2000 SY $26.50
52 3,500 SY Replace S" Asphalt-2001 to 5000 SY $24.25
53 7,500 SY Replace 8" Asphalt- 5001 to 8000 SY $25.00
54 1,500 SY Cut and Remove 10" Asphalt-500 to 2000 SY $7.75
55 3,500 SY Cut and Remove 10" Asphalt-2001 to 5000 SY $7.00
56 1,500 SY Replace 10" Asphalt-500 to 2000 SY $32.00
57 3,500 SY Replace 10" Asphalt-2001 to 5000 SY $30.00
58 7,500 SY Replace 10" Asphalt-5001 to 8000 Sy $29.20
59 1,800 SY Cut and Remove 12" Asphalt-500 to 2000 SY $8.50
60 4,500 SY Cut and Remove 12" Asphalt-2001 to 5000 SY $8.10
61 7,500 SY Cut and Remove 12" Asphalt- 5001 to 8000 SY $7.75
62 1,800 SY Replace 12" Asphalt-500 to 2000 SY $38.00
63 4,500 SY Replace 12" Asphalt-2001 to 5000 SY $35.50
64 7,500 SY Replace 12" Asphalt-5001 to 8000 SY $34.50
IFB # 4974
Exhibit A
DATE: 7/31/2012
Description: Asphalt and Concrete Section Repair
Item No. Est. Qty. UoM Type of Service Requested Jagoe Public Co.
65 100 EA Adjust Manholes to Finish Grade - All Manholes $365.00
66 100 EA Adjust Valves $275.00
67 2,000 SY Subgrade Stabilization - 6" 500 to 2000 SY $4.90
68 1,000 SY Lime Subgrade Stabilization - 8" 500 to 2000 SY $9.70
69 4,300 SY Lime Subgrade Stabilization - 8" 2001 to 5000 SY $4.50
70 1,000 SY Lime Subgrade Stabilization - 12" 500 to 2000 SY $13.00
71 4,500 SY Lime Subgrade Stabilization - 12" 2001 to 5000 SY $6.00
72 1,000 SY Cement Subgrade Stabilization - 8" 500 to 2000 SY $9.00
73 4,000 SY Cement Subgrade Stabilization - 8" 2001 to 5000 SY $4,50
74 1,000 SY Cement Subgrade Stabilization - 12" 500 to 2000 SY $9.75
75 3,500 SY Cement Subgrade Stabilization - 12" 2001 to 5000 SY $6,00
76 2,000 SY Cem-Lime Subgrade Stabilization 8" 500 to 2000 SY $7.20
77 4,800 SY Cem-Lime Subgrade Stabilization 8" 2001 to 5000 SY $5.00
78 7,500 SY Cem-lime Subgrade Stabilization 8" 5001 to 8000 SY $4,50
79 2,000 SY Cem-Lime Subgrade Stabilization 12" S00 to 2000 SY $7.50
80 4,800 SY Cem-Lime Subgrade Stabilization 12" 2001 to 5000 SY $6.00
81 7,500 SY Cem-lime Subgrade Stabilization 12" 5001 to 8000 SY $5.20
82 1,200 TN Cem-Lime for Stabilization (1 to 1,200 T'N) $161.00
83 200 TN Lime for Subgrade Stabilization - PH Series (1 to 1000 T'N) $158.00
84 200 TN Cement for Stabilization - Atterberg Limits (1 to 1000 TN) $121.00
85 700 LF Erosion Control - Silt Fence - Inlet Protection $3.00
86 750 SY Hydromulch $2.00
87 250 CY Unclassified Excavation-1 to 500 CY $23.00
88 750 CY Unclassiiied Excavation-501 to 999 CY $13.50
89 250 CY Compacted Fill to 95%-100 to 500 CY $27.00
90 750 CY Compacted Fill to 95%-501 to 1000 CY $22.00
91 250 SY Asphalt Base Failure Repair by SY-6"-100 to 500 SY $50,00
92 1,000 SY Asphalt Base Failure Repair by SY-6"-501 to 1500 SY $35,00
93 250 SY Asphalt Base Failure Repair by SY-S"-100 to 500 SY $55.00
94 1,000 SY Asphalt Base Failure Repair by SY-8"-501 to 1501 SY $44.00
95 3,500 SY Emulsified Asphalt for Priming of Subgrade (SS-1) $0.95
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 2 day of October A.D., 2012, by
and between City of Denton of the County of Denton and State of Texas, acting through
Geor�e C. Cam�bell thereunto duly authorized so to do, hereinafter termed
��OWNER,�� aild
Ja�oe-Public Companv
PO BoY 250
Denton, TX 76202
of the City of Denton, Cotuity of Denton and State of Texas , hereina.fter termed
"CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be inade 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 worlt specified below:
Bid 4974-Best Value Bid for Three Year Contract for Asphalt and Street Section and Repair
Services
in the estimated ainount of $7 500 000 with Unit Pricing as shown on E�ibit 1 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 worlc 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 all local, state and federal laws; and plans, which
includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefore, as prepared by:
taff
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
�ndependent Status
It is mutually understood and agreed by and between City and Contractar that Contractor is
an indepenclent 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 sicic
leave benefits, worlter'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 clauns or
suits far 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 Wark and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, wliether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor lilcewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Cont�act, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or einployees of Owner. The provisions of this paragraph axe 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 coininence work on or after the date established for
the start of worlc 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
�pecial Conditions of the Contract.
C�7:�►•1
Right to Audit
The OWNER shall have the right to audit and make copies of the boolcs, records and computations
pertaining to this agreement. The CONTRACTOR sha11 retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed ancl resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all boolcs, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All bool�s and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, inchiding any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failuse to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the
tenns "boolcs" "records" "documents" and "other evidence" as used above sha11 be construed to
> > > ,
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
ATT T�
APPROVED AS TO FORM:
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CA-4
City of Denton
OWNE
BY:
(SEAL)
TQ OQ. ^ iw��� G l.iOt/w�/C'Ai
CONTRACTOR
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MAILING ADDRESS
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PHONE NUMBER
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PRINTED NAME, TITLE
(SEAL)
PERI'O1tMA_NCE BOND
STAT� OF TEXAS §
COUNTY OF DENT�N §
Bond No.46BCSGK1520
�KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Coinpaiiy wliose
address is PO Box 250 Denton, TX 76202 hereinafter called Principal, aa�d
Hartford Fire Insurance Company , a corporation orgazlized and existillg under the
laws of t11e �tate of � Connecticut , an� fi.ally auillorized to trailsact bttsiness i11 tl�e State of
Texas, as Stilrety, are held aizd fmnly Uound u11to the City.of Dentoil, a mu�icipal coiporation
organized aild existizlg urlder the laws of dze �tai:e of Texas, herei��after called Owner, in tlie
penal sum of OiZe Millioii and 0/100 DOLLARS ($1,000,000) plus teii percent of the statecl peiial
sum as an additioilal suin of inoney representing additional cow.�t expenses, attoiueys' fees, a��d
liquidated d�nages azising out of or coiu�ecfed with the below identified Contract, in lavvfi.il
moziey of ille Uni.ted Staies, to be paid in Denton County, Texas, for the payment of wluch sui1�
well az�d truly to be made, we hereby Uind oLU�selves, our I�eirs, executors, adiiiuustrators,
successozs, �a�.d assigns, jou�tly ai�d severally, fi•m.ly Uy these presents. This Bond shall
autoinatically be ii�creased by tlle amoltnt of any Change Order or SLtppleineiital Agreeil�eiZt,
wlucll ii�creases the Contract price, bLlt in no event shall a Cliange Order or Supplemeiltal
Agreemei�t, wluch reduces tlZe Coiitract price, decrease the penal sui� of this Bond.
THE OBLIGATION T� PAY SAME is conditioned as follows: Whereas, tha Principal
eiitered into a ceztaiil Contract, ideiztified by Ordinance Number 2012-261, witli the City of
Deilion, tlie Owner, dated the 2nd day of Ociober A.D. 2012, for Bid #4974 Best Value Bid for
three Year Cont�act As»halt and Concrete Street Sections and Repair Services.
NOW, THEREFORE, if the Principal shall well, truly and faitlifiilly perfoim and fulfll
all of tlie undertaltings, covenants, terms, conditions and agree�ents �f said Contraci u7
accordance wit11 the Plans, Specifications a.nd Contract Documents dui-iug t11e original te1711
tliezeof and az�y extension tllereof whicli may Ue granted by the Owner, witli or without notice to
the Surety, �d duriug tl�.e life of any gtiaranty or warranty required under this Contract, and shall
also well ��d truly perforii� and fiilfill all tlie Luldertalcings, covenants, terms, conditions and
agreernents of auy �and aII duly. authorized modi�cations of said Contract tlZat may Ilereafter be
, made, notice of whicl� modiizcations to the Surety being hereby waived; a�1d, if the Principal
shall repai� aild/or replace all defects due to faulty materials and wozlanaizship that appear wzthin
a period of two (2) years from the date of final coinpleiion and final acceptaalce of the Work by
the Owner; a.��d, if the 1'rinczpal slzall fu11y izademnify aud. save hari�less the Ovv��er from all costs
and damages wluch Owner inay suffer by reason of failure to so perfonn herein and shall fully
reimburse a.ud repay Owiler all outlay and expeilse whicll the Ovvnner inay iucur in nlalcing good
a.iZy default or deficiency, theii this obligatioii s11a11 Ue void; otherwise, it shall reinauz in fiall
foree ai�d effect.
.�
PROVTDED FURTHER, that if a11y lebal action be filed u�on tlus Bond, exclusive venLie
shall lie in Dezitoi� Coui�ty, State of Texas.
AND 1'ROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
aild agrees tl�at no change, e�tension of time, alteration or additioli to ihe terxns of the Coniract,
or to the Work to be performed thereu�der, or to the Plans, Specifications, Dra�vings, etc.,
accompairyii�g tlae sa.rne, shall in a.ilywise affect its obligation oi� tivs .Bond, and it does hereby
waive i�otice of a.ily such change, extension of tune, alteration or addition to the telms of the
Contract, or to the Work to Ue perfoi7ned tllereuilder, or to the Plans, Specifications, Drawings,
etc.
This Bond is giveiz ptusuai�t to the pzovisioi�s oi Chaptei• 2253 of the Texas Govelzunezlt
Code, as ainended, ai�d any other applicaUle statutes of the State oi Texas.
The undersigned and designated agent is hereby designated by tlie Surety herein as the
Resideilt Agent in Deiiton County to wl�om any r.equisite notices may Ue delivered and oz1 whorn
service of process rnay be lzad ui matters arisiilg out of such suretyship, as provided by Article
7,19-1 of the Iilstuance Code, VenZOn's Aunotated Civil Sta�lutes of the State o�Texas,
IN WITNESS WHEREOI', tlus insf�umeizt is executed in four copies, eaclx olle of which
sha11 be deen�ed a.i� original, tlus tl�e 2nd day of October , 2012
ATTEST:
.
BY:
SECRE RY
ATTEST;
BY; ��� 4 , � �
Connie Kregel, Witn s
' �J► ' ��J
Jagoe-Public Company_
BY:
V►c � p�SIDENT
SURETY
Hartford Fire Insurance Com any
BY: � � I�('/��'✓�
A O EY-1N ACT
Jeffrey Todd McIntosh
The Residei�.t Ageilt of the Surety in Deiitoii Coluity, Texas for delivery of notice and service of
tlle process is:
NAIVjE: Jeffrey Todd McIntosh
STREET ADDR.ESS: 2505 N. Plano Road, Suite 2200, Richardson, TX 75082
(NOTE: Dcr.te of Perfor»�cence Bond nzust be dc�te of Con.tract. If Resident.4geni is not a corpo�°ation,
give a perso�z's ncrme,)
I' C
PAYMENT B�ND
STATE OF TEXAS §
COUNTY OF DENTON §
Bond No.46BCSGK1520
KNOW ALL MEN BY THESE PRESENTS: That _Jagoe-Public Company, wlzose
address is PO Box 250 Derlfon, TX 76202 hereinafter called Principal, a�id
Hartford Fire Insurance Company , a corporation organized and existulg tmder the Iaws
of the State of Connecticut , and fully authorized io fraiisact
business in t�1e State of Texas, as SLlrety, �ue held and firrl�ly boLU1d unto tlie City of Denton, a
inurucipal corporation orgaizized and existi�.g Lulder tlie laws of tlie State of Texas, herei�lafter
called Ow�1er, ai�d ui�to all �ersons, firms, a.i1d corporatioiis who inay fumish �naterials for, or
perfornl labor upoil, the building or improvements hereinafter referred to, in the penal sum of
One Nlillio�a and 0/100 DOLLARS ($1,000,000) in lawfi.il moz�ey of the United States, to Ue paid
in Denton, COlilltj�, Texas, for t11e paynlent of wlucl� suin we11 aa�d truly to be made, we laereUy
bind ourselves, our l�eus, executors, adiuiz�istrators, successors, and assigns, joultly a��d
` severally, firnlly Uy tlzese preseiits, This Bond sliall aui:omatically be ulcreased by the aanount of
any Cha.nge Order or Supplemental Agreeiilent which increases the Contract price, but in no
event shall a Change Order or Supplemeiltal Agreemeni wl�ich reduces the Coi�fiaci price
decrease the penal sui� of this Boud.
THE OBLIGATION TO PAY SAME is conditioned as follo-ws: Whereas, the Pru�cipal
eiltered into a certaui Contract, ideiltified Uy Ordinatice NumUer 2012-261, with the City of
De�lton, the Owner, dated tl�e 2"d day of October A.D. 2012, for Bid #4974 Best Value Bid for
tluee Year Contract As�lzalt a�id Concrete Sizeet Sections a.11d Re�air Services
NOW, THEREFORE, if t11e Principal sliall well, truly and faitlifully pei�'onn its duties
aald maice prompt �ayi�zeiZt to all persoiis, firizls, subcontractors, corporatiozis and claimants
supplying Iabor and/or i�aterial ii1 t11e prosecutioil of ihe Worl� provided for in said Coniract and
any and all duly authorized modifications of said Con�tact thai may hereafter be made, notice of
which inodificatioils to the Surety being hereby expressly waived, t1�.en this obligation shail be
void; otherwise it sl�all reinaul in fiill force a.i1d effect.
1'ROVIDED FURTHER, tha-t if aaly legal action Ue filed o11 this Bond, exclusive venue
sliall lie ii1 Dezztoil Cottnty, Texas.
AND PROVIDED FURTHER, that tlle said Sureiy, for value received, hereUy stipulates
and agrees t11at no chailge, extension of time; alteration or addition to the terms of the Coiltract,
or to the Worlc to be performed theretulder, or to ihe Plans, Specificaiiozis, Drawings, eic.,
accoinpailying the saine, shall ul aiiywise affect its obligation oil this Bond, a��d it does hereby
waive iiotice of any suc11 c1za�.ige, exteizsioii of tvne, alteration or addition to the. terms of tl�e
Contract, or to the Worlc to be perfornled thereluzder, or to the Plans, Specifications, Drawings,
etc.
PB-3
Tlus Boncl is give�� pursuant to the provisions of Chaptex 2253 of the Texas Govemment
Code, as a�nezidecl, aiid a�.iy other applicable statt,ttes of the State of Texas.
The Luldersiglled and designated agent is hereby designated Uy the Surety herein as the
Resideilt Agez�t in Deilton CoLtnty to whom ai�y requisite notices may be delivered and on whom
service of process inay be had in inatters axising out of such surety, as provided by Ai-ticle 7.19-1
of the Insluailce Code, Veriion's Aruiotated Civil Statutes of the State oi Texas.
IN WITNESS WHEREOF, tl�is v.lstrunlent is executed in %ur copies, each one of wluch
shall ve dee�lecl an original, this the 2nd day of october , 2012
ATTEST:
,
BY:
SECRET Y
ATTEST:
BY;
Connie Kregel, Witne
. . � �. .
Jagoe-Public Company
BY: ,� �
V cc� p�SIDENT
SURETY
Hartford Fire Insurance Company
� �
o-(G" ji��v
BY:
O Y-IN- ACT .
Jeffrey Todd McIntosh
The Resideilt Agent of the Surety ii1 Denton County, Texas for delivery of ziotice aiid service of
� tlie process is:
NAME; Jeffrey Todd McIntosh
STREET ADDRESS: 2505 N. Plano Road, Suite 2200, Richardson, TX 75082
(NOTE.� Dcr.te of Pc�yT�zent $ond nzisst be dc�te of Contract. If Resident Agent is not a
corpoi°cstion, give a per^so�z's nan2e.)
.� .
Direct Inquiries/Claims to:
POWER OF ATTQRNEY THE HARTFORD
BOND, T-4
One Hartford Plaza
Hartford, Connecticut 06155
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: A ency Code: 46-508071
X� Har'tford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
� Hartford Casualty InSUranCe Company, a corporation duly organized under the laws of the State of Indiana
� HartFord Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
� HartFord Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
� Twin City Fire InsuranCe Company, a corporation duly organized under the laws of the State of Indiana
� Har'tford InsuranCe Company of Illinois, a corporation duly organized under the laws of the State of Illinois
� HartFord Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
� Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home o�ce in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Jeffrey Todd Mclnfosh, Connie Jean Kregel
of
Richardson, TX
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by �, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perFormance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
�.�„
,� Yr7akr ,y'�°°" �ti xF';"�._y.r � `°"r. �.c"""�
4 ��wMr� ��� r ��ca�.i�.feeppt a 1a�r' _�rd�i� � %� ��: �T �oaW
a w�r ,' �"� �j � 1987 .� i � . �ne ��y • -'� f
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t '�'ai;;,::•� "aa.� rR',°o� . „''�uw,s ���eu�'� E i;.�ida`'
�� `�� ���
Wesley W. Cowling, Assistant Secretary
STATE OF CONNECTICUT
� S�, Hartford
COUNTY OF HARTFORD
�/��
M. Ross Fisher, Assistant Vice President
On this 3`d day of November, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose
and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority. ^
�; E. A� / � G�—�/ ^�-�`�
��mY
iL�
� �� * Scott E. Paseka
Notary Public
CERTIFICRTE My Commission Expires October 31, 2012
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 2, 2012 .
Signed and sealed at the City of Hartford.
IYr� �w
7Y f ,�f rs � :v,� �,y �L
,� �/ � �� '7AF�.......'dJ6 � �
6 �1AMr� yr°:d�°�.�e.reei�� s 1a�J" ����c '��i� '�n�.�.sa �� "eo�os"
a �.r -���^' $ j i$67 . � r _o • -=1�' ■ !
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;.� �t � . p� �m ',•:..�� .,�\ s� 2 I979
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t �r:;.:�v� knewaaa rp'�*`�►� . ,;'qqo,5 •�in�l�' \-.�+dd"
� � ' Y v-
1 �.___--___.
Gary W. Stumper, Assistant Vice President
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your agent who is listed on the
Declarations Page of your policy, or on your binder
or certificate of insurance,
You may call The Hartford toll-free telephone
number for information or to make a complaint at
1-800-392-7805
You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P.O. 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 agent or the
company first. If the dispute is not resolved, you
may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
t �
�', :.,
i
4Ci
,�1
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
Puede comunicarse con su agente quien esta
alistado en las Paginas de Declaracion de su poliza,
o en su resguardo provisional, o en el certificado de
seguro.
Usted puede Ilamar al numero de telefono gratis de
The Hartford's para informacion o para someter una
queja al
1-800-392-7805
Puede comunicarse con el Departamento de
Seguros de Texas para conseguir informacion
acerca de companias, coberturas, derechos o
quejas al
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
DISPUTAS SOBRE PRIMAS O RECLAMOS
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el agente o la
compania primero. Si no se resuelve la disputa,
puede entonces comunicarse con el departamento
(TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es
solo para proposito de informacion y no se convierte
en parte o condicion del documento adjunto.
Form G-3116-1 Printed in U.S.A. Page 1 of 1
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bicl�ler's attention is �lirected to the insurance requirements below. It is highly recommended
tlz�ct biclders confer tivitla tlaeir Yespective insurtc�ace carriers or brokers to determine in aclvance
of Bi�l sacbrrcission tlze c�vailability of insurance certific�tes ancl endorsements as prescribe�l
c�ncl provirle�C laerei�z. If ccn czpparent low birl�ler fails to comply strictly with the insurance
rec�acirements, thrct bicl�ler may be �lisc�unli�ed from award of the contract. Upon bid award, all
insacrance recluirerazents slaall become contractual obligations, which the successful bidder
shall Izave a�lccty to naaintain throughoui the coacrse of this contract.
STANDARD PROVISIONS:
Without limiting c�ny of the other obligations or liabilities of the Contractor, the Contractor shall
, provide cincl nzcrintc�in until the contracted wor�k has been completed and accepted by the City of
Denton, OwneN, the nzinimum insicrance coverage as indicated hereinafter.
As soon czs �rcecticable after notification of bid cn-vard, Contractor shall file with the Purchasing
Department sc�tisfacto� y certificates of insurc�nce, containing the bid number and title of the
project. Contrcrctor may, upon written rec�uest to the Ptt�chasing Department, ask for
cla� ificcction of c�ny insurance requirements at c�ny time; however, Contractors are strongly
advised to mc�ke such requests prior to bid opening, since the insurance requir�ements may not be
moclifiecl or vvccived c�fter bid opening unless ct tivritten exception has been submitted with the bid.
Contractor slzall not con2mence any work or deliver any materic�l until he or she receives
notifieatio�z that tlae contrcect hc�s been crccepted, approvecl, c�ncl signecl by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following genercrl specifications, and shall be maintained in compliance with these
generc�l s�ecificcctions throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a eompany authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the inst�rer sha11 reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
voltmteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related 'uivestigations, 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.
CI-9
CITY �F DENTON
INSURANCE REQUIREMENTS FOR CONTRACTO�RS
Bidder's atiention is directed to the insurance requirements below. It is highly recommen�lecl
that bidclers confer with their respeciive insurance carriers or brokers to determine in advance
of Bid srcbmission the availccbility of znsurance certzficates ar�tl endorsements as prescribed
and provided herein. If r�n a�pc�rent low bidcler fails to cnmply strictly with the insurance
requirements, that bidcler may be disqualifzed from awarcl of the contract. Upon bid award, all
insurance requirements shall became contractual obligations, which the successful bic�der
shall have a duty to maintain throughout the coacrse of this contract.
S�TANDARD PROVISIONS:
Withozrt limiting any of the other obligations or liabilities of the Contractor, the Contractor shcrll
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 Pacrchasing
Department satisfactory certi�cates of insurance, containing the bid number anc� title of the
project. Contractor may, upon written request to the Purchasing Department, ask foN
clarafication of any insu�ance requirements at any time; however, Contractors a�e strongly
advised to make such reqicests prior to bid opening, since the insurance requiYerrtenis may not be
modified or waived after bid openzng unless a written exception has been submitted with the bid.
Contractor shall not commence any work or rleliver any material until he or she receives
notification that the contrc�ct has been accepted, approved, ancl signed by the City ofDenton.
All insurance policies proposed or obtained in satisfaction of these requzrements shall comply
tivith the following general specifications, and shall be maintained in compliance with these
gene�al specif cations 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- VII or better.
• 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 ar
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 followi.ng:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
CI-9
• 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 sepa�ately �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.
• Cancellation: The City requires 30 day written notice should any of the
policies describerl on the ce�tificate be cancelled or materially change�l
before the ex�iration date.
� 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.
CI - 10
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfactzorc of thzs Contract shall additionally
comply with the following marked spec�cations, and shall be maintained in compliance with
these aclditional 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 $1,000,000.00
shall be provided and rnaintained 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 cornpleted
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 Forrn 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 cornpleted operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCL� 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 �500,000.00 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
a11 owned, hired and non-owned autos.
CI - 11
[X] Workers' Compensation Insurance
Contractar shall purchase and maintain Worker's Corripensation insurance which, in addition
to meeting the minirnum 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 far the City by the Named Insured. For building or construction projects, the
Contractar shall comply with the provisions of Attachment 1 in accardance 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 cornpany that
carries the Contractor's liability insurance, Policy limits will be at least cornbined bodily
injury and property damage per occurrence with a aggregate.
[ ] Professional Liability Insurance
Professional liability insurance with lirnits 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.
CI - 12
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the preinises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] 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.
CI - 13
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Defuutions:
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), shotiving 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, ar employees of any entity which
fiirnishes persons t� 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 statutary
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:
CI - 14
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
proj ect 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 contractar 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) fox 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, far the duration of the project;
3) provide the contractor, priar to the end of the coverage peri�d, 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 proj ect;
4) obtain from eacli other person with whom it contracts, and provide to the contractor:
a) certificate of coverage, prior to the other person begiru7ing 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;
CI - 1 S
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 ox 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.
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.
CI - 16
, �'
Purchasing Department
901-B Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
I F B # 4974
Best Value Bid for Three Year Contract Asphalt
and Concrete Street Sections and Repair
Services
NIGP CLASS and ITEM
913 50
913 84
The award of this contract will be based upon a"best value" evaluation as allowed by Chapter
252 of the Texas Local Government Code. The criteria for the evaluation is listed in the
invitation to bid documents. Only those items listed can be used to determine "best value".
BIDS DUE: Ju(y 31, 2412
2:00 P.M.
Bid submitted by:
�
,� f �.� Q�. ^ �,,,,� l, c� `^'. �' A ^''�
Company Name
Exhibit 1
IF8 4974 Pricing Sheet for 3 YEAR CONTRACT FOR ASPHALT & CONCRETE STREET SECTIONS AND REPAIRS
The respondent sha/! complete the following section, which directly corresponds ta Section !1- Scope of Services, and Section V, Payment and Performance Requirements.
The contractorshal! not make changes to this format.
services rroposai Nric�ng:
ITEM EST. U011/I Type of Service Requested Unit Price Extended Price
1 3,500 SY Cut and Remove 4" Concrete Sidewalk - 500 to 2000 SY $ 28.00 $ 98,000.00
2 3,500 SY Cut and Remove 4" Concrete Sidewalk- 2001 to 5000 SY $ 22.50 $ 78,750.00
3 3,500 SY Replace 4" Concrete Sidewalk- 500 to 2000 SY $ 47.00 $ 164,500.Oo
4 3,500 SY Replace 4" Concrete Sidewalk-2001 to 5000 SY $ 42.00 $ 147,000.00
5 2,500 SY Cut and Remove 5" Concrete Sidewalk - 500 to 2000 SY $ 29.00 $ 72,500.00
6 2,500 SY Cut and Remove 5" Concrete Sidewalk- 2001 to 5000 SY $ Z3.50 $ 58,750.00
7 2,500 SY Replace 5" Concrete Sidewalk- 500 to 2000 SY $ 47.50 $ 118,750.00
8 2,500 SY Replace 5" Concrete Sidewalk-2001 to 5000 SY $ 43.OD $ 107,500.00
9 1,500 SY Cut and Remove 6" Concrete Pavement-500 to 2000 SY $ 30.00 $ 45,000.00
10 4,000 SY Cut and Remove 6" Concrete Pavement-2001 to 5000 SY $ 24.50 $ 98,000.00
11 1,500 SY Replace 6" Concrete Pavement-500 to 2000 SY $ 48.00 $ 72,000.00
12 4,000 SY Replace 6" Concrete Pavement-2001 to 5000 SY $ 44.00 $ 176,000.00
13 1,000 SY Cut and Remove 8" Concrete Pavement-500 to 2000 SY $ 31.00 $ 31,000.00
14 3,500 SY Cut and Remove 8" Concrete Pavement-2001 to 5000 SY $ 25.50 $ 89,250.00
15 1,000 SY Replace 8" Concrete Pavement-500 to 2000 SY $ 52.00 $ 52,000.00
16 3,500 SY Repiace 8" Concrete Pavement-2001 to 5000 SY $ 47.00 $ 164,500.00
17 1,500 SY Cut and Remove 10" Concrete Pavement-500 to 2000 SY $ 31.50 $ 47,250.00
18 4,000 SY Cut and Remove 10" Concrete Pavement-2001 to 5000 SY $ 26.50 $ 106,000.00
19 1;500 SY Replace 10" Concrete Pavement-500 to 2000 SY $ 64.00 $ 96,000.00
20 4,000 SY Replace 10" Concrete Pa�ement-2001 to 5000 SY $ 61.50 $ 246,000.00
21 4,500 LF Cut and Remove 24" Curb and Gutter-2001 to 5000 LF $ 9.50 $ 4�,750.00
22 1,800 LF Replace 24" Curb and Gutter-500 to 2000 LF $ 18.50 $ 33,300.00
23 4,500 LF Replace 24" Curb and Gutter-2001 to 5000 LF $ 17.25 $ 77,625.00
24 Z,000 SY Cut and Remove 2" Asphalt-500 to 2000 SY $ 3.25 $ 6,500.0�
25 5,000 SY Cut and Remove 2" Asphalt-2001 to 5000 SY $ 2.50 $ 12,500.�0
26 2,000 SY Replace 2" Asphalt-500 to Z000 SY $ 8.50 $ 17,000:00
27 5,000 SY Replace 2" Asphalt-2001 to 5000 SY $ 7.Z5 $ 36,250.00
28 2,000 SY Cut and Remove 3" Asphalt-500 to 2000 SY $ 3.25 $ 6,500.D0
29 5,000 SY Cut and Remove 3" Asphalt-2001 to 5000 SY $ 2:65 $ 13,250.00
Exhibit 1
IFB 4974 Prici�ig Sheet for 3 YEAR COIVTRACT FOR ASPHALT & COfVCRETE STREET SECTIONS AND REPAIRS
The respandent sha!! complete the fo!lowing section, which directly corresponds to Section 11- Scope af Services, and Section V, Payment and Performance Requirements.
The cantractorshall not make changes to this format.
30 2,000 SY Replace 3" Asphalt-500 to 2000 SY $ 11.50 $ 23,000.00
31 5,000 SY Replace 3" Asphalt-2001 to 5000 SY $ 10.20 $ 51,000.0�
32 1,500 SY Cut and Remove 4" Asphalt-500 to 2000 SY $ 3.95 $ 5,925.00
33 3,500 SY Cut and Remove 4" Asphalt-2001 to 5000 SY $ 3.25 $ 11,375.00
34 1,500 SY Replace 4" Asphalt-500 to 2000 SY $ 15.00 $ 22,500.00
35 3,500 SY Replace 4" Asphalt-2001 to 5000 SY $ 13.25 $ 46,375.00
36 1,500 SY Cut and Remove 5" Asphalt-500 to 2000 SY $ 3.90 $ 5,850.00
37 3,500 SY Cut and Remove 5" Asphalt-2001 to 5000 SY $ 3.75 $ 13,125.00
38 1,500 SY Replace 5" Asphalt-500 to 2000 SY $ 16.75 $ 25,125.00
39 3,500 SY Replace 5" Asphal.t-2001 to 5000 SY $ 15.20 $ 53,200.00
40 1,800 SY Cut and Ftemove 6" Asphalt-500 to 2000 SY $ 4.10 $ 7,380.00
41 3,500 SY Cut and Remove 6" Asphalt-2001 to 5000 SY $ 3.90 $ 13,650.00
42 1,800 SY Replace 6" Asphalt-500 to 2000 SY $ 19.50 $ 35,100.0�
43 3,500 SY Replace 6" Asphalt-2001 to 5000 SY $ 18.90 $ 66,150.00
44 1,500 SY Cut and Remove 7" Asphalt-500 to 2000 SY $ 7.00 $ 10,500.00
45 3,500 SY Cut and Remove 7" Asphalt-2001 to 50n0 SY $ 5.50 $ 19,250.00
46 1,500 SY Replace 7" Asphalt-500 to 2000 SY $ 23.00 $ 34,500.00
47 3,500 SY Replace 7" Asphalt-2001 to 5000 SY $ 21.20 $ 74,20�.00
48 1,500 SY Cut and Remove 8" Asphalt-500 to 2000 SY $ 7,25 $ 10,875.00
49 3,500 SY Cut and Remove 8" Asphalt-2001 to 5000 SY $ 5.50 $ 19,250.00
50 7.,500 SY Cut and Remove 8" Asphalt-5001 to 8000 SY $ 5.00 $ 37,500.00
51 1,500 SY Replace 8" Asphalt-500 to 2000 SY $ �6.50 $ 39,750.00
5Z 3,500 SY Replace 8" Asphalt-2001 to 5000 SY $ 24.25 $ 84,875.00
53 7,500 SY Replace 8" Asphalt- 5001 to 8000 SY $ 25.00 $ 187,500.00
54 1,500 SY Cut and Remove 10" Asphalt-500 to 2000 SY $ 7.75 $ 11,625.00
55 3,500 SY Cut and Remove 10" Asphalt-2001 to 5000 SY $ 7.00 $ 24,500.00
56 1,500 SY Replace 10" Asphalt-500 to 2000 SY $ 32.00 $ 48,000.00
57 3,500 SY Replace 10" Asphalt-2001 to 5000 SY $ 30.00 $ 105,000.00
58 7,50� SY Replace 10" Asphalt-5001 to 8000 Sy $ 29.20 $ 219,000.00
59 1,800 SY Cut and Remove 12" Asphalt-50Q to 2000 SY $ 8.50 $ 15,300.00
60 4,500 SY Cut and Remove 12" Asphalt-2001 to 5000 SY $ 8.10 $ 36,450.00
Exhibit 1
IFB 4974 Pricing Sheet for 3 YEAR CONTRACT FOR ASPHALT & CONCRETE STREET SECTIONS AND REPAIRS
The respondent sha!! complete the following section, which directly carresponds to Section !! - Scope of Services, and Section V, Payment and Performance Requirements.
The contractorshall not make changes to this format.
61 7,500 SY Cut and Remove 12" Asphalt- 5001 to 8000 SY $ 7.75 $ 58,125.00
62 1,800 5Y Replace 12" Asphalt-500 to 2000 SY $ 38.00 $ 68,400.00
63 4,500 SY � Replace 12" Asphalt-2001 to 5000 SY $ 35.50 $ 159,750.00
64 7,500 SY Replace 12" Asphalt-5001 to 8000 SY $ 34.50 $ 258,750.00
65 100 EA Adjust Manholes to Finish Grade - All Manholes $ 365.00 $ 36,500.00
66 100 EA Adjust Valves $ 275.00 $ 27,500.00
67 2,000 SY Subgrade Stabilization - 6" 500 to 2000 SY $ 4.90 $ 9,800.00
68 1,000 SY Lime Subgrade Stabilization - 8" 500 to 2000 SY $ 9.70 $ 9,700.00
69 4,300 SY Lime Subgrade Stabilization - 8" 2001 to 5000 SY $ 4.50 $ 19,350.00
70 1,000 SY Lime Subgrade Stabilization - 12" 500 to 2000 SY - $ 13.00 $ 13,OOo.00
71 4,500 SY Lime Subgrade Stabilization - 12" 2001 to 5000 SY $ 6.00 $ 27,000.00
72 1,000 SY Cement Subgrade Stabilization - 8" 500 to 2000 5Y $ 9.00 $ 9,000.00
73 4,000 SY Cement Subgrade Stabilization - 8" 2001 to 5000 SY $ 4.50 $ 18,000.00
74 1,OD0 SY Cement Subgrade Stabilization - 12" 500 to 2000 SY $ 9.75 $ 9,750.00
75 3,500 SY Cement Subgrade Stabilization - 12" 2001 to 5000 5Y $ 6.00 $ 21,000.00
76 2,000 SY Cem-Lime Subgrade Stabilization 8" 500 to 2000 SY $ 7.20 $ 14,400.00
77 4,800 SY Cem-Lime Subgrade Stabilization 8" 2001 to 5000 SY $ 5.00 $ 24,000.00
78 7,500 SY Cem-lime Subgrade Stabilization 8" 5001 to 8000 SY $ 4.50 $ 33,750.00
79 2,000 SY Cem-Lime Subgrade Stabilization 12" 500 to 2000 SY $ 7.50 $ 15,000.00
80 4,800 SY Cem-Lime Subgrade 5tabilization 12" 2001 to 5000 SY $ 6.00 $ 28,800.00
81 7,500 SY Cem-lime Subgrade Stabilization 12" 5001 to 8000 SY $ 5.20 $ 39,000.00
82 1,200 TN Cem-Lime for Stabilization (1 to 1,200 TN) $ 161.00 $ 193,200.00
83 200 TN Lime for Subgrade Stabilization - PH Series (1 to 1000 TN) $ 158.00 $ 31,600.00
84 200 TN Cement for Stabilization - Atterberg Limits (1 to 1000 TN) $ 121.00 $ 24,200.00
85 700 LF Erosion Control - Silt Fence - Inlet Protection $ 3.00 $ 2,100.00
86 750 SY Hydromulch $ 2.00 $ 1,540.00
87 250 CY Unclassified Excavation-1 to 500 CY $ 23.00 $ 5,750.00
88 750 CY Unclassified Excavation-501 to 999 CY $ 13.50 $ 10,125.00
89 250 CY Compacted Fill to 95%-100 to 500 CY $ 27.00 $ 6,750.00
90 750 CY Compacted Fill to 95%-501 to 1000 CY $ 22.00 $ 16,500.00
91 250 SY Asphalt Base Failure Repair by SY-6"-100 to 500 SY $ 50.00 $ 12,500.00
Exhibit 1
IFB 4974 Pricing Sheet for 3 YEAR CONTRACT FOR ASPHALT � C06VCRETE STREET SECTIONS AND REPAiRS
The respondent shall comp/ete the fo!lowing section, which directly corresponds to Section /l - Scope of Services, and Section V, Poyment and Performance Requirements.
The contractor sha!! not make changes to this format.
92 1,000 SY Asphalt Base Failure Repair by SY-6"-501 to 1500 SY $ 35.00 $ 35,000.00
93 250 SY Asphalt Base Failure Repair by SY-8"-100 to 500 SY $ 55.00 $ 13,750.00
94 1,000 SY Asphalt Base Failure Repair by SY-8"-501 to 1501 5Y $ 44.00 $ 44,000.00
95 3,500 SY Emulsified Asphalt for Priming of Subgrade (SS-1) $ 0.95 $ 3,3Z5.00
Service can be performed within 3(THREE) days from receipt of order.
Bid Bond Included? Yes
Total Cost of Services (Annual) $ 4,973,130.00
Payment Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to
� Payment Terms - `. Additional.Discount % .: = '
Invoice Paid in 20 0.00%
Invoice Paid in 15 � 0.00°/o
Invoice Paid in 10 0.00°0
�` ��G � � �`'-�
� ` f � L�
v
CtTY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
ATTACHMENT A
ACKN�WLEDGEMENT
SUPPLEMENTAL FORMS
The undersigned agrees this bid becomes the property of the City of Denton afterthe official opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work is to be
perEormed; satisfied himseSf of the cond"stions of deSivery, hand4'sng and storage of equipment and al1 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 Speciflcations. The period fior
acceptance of this Bid Proposal will be ninety (90) calendar days unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execuie this contract, ti�at this bid has not been prepared
in Collusion with any other Bidder, nor any employee of the Cify 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.
The undersigned agrees that the IFB posted on the website are the official specifications and shal( not alter the
electronic copy of the specifications and/or pricing sheet (Exhibit 1), withaut clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at:
httq://www.citvofdenton.com/index.aspx?paqe=397 to ensure they have downloaded and signed all addendum(s)
required for submission with their praposal.
Should a conflict arise between the PO, supplier terms, or contract; the terms and conditions set forth in this IFB
shall prevail.
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 USGA Section 1 et se ., and which arise under the antitrust laws
of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.
The undersigned affirms that they have read and do understand the specifications and any attachments contained
in this bid package.
NAME AND ADDRESS OF C�MPANY:
� n £. _ ,��... �i /; G [io r�u� a r.► �
� o . ,.�o,c z �-c
%��,.�7'n �/ , £x �-s 76�� �
,
Tel. No. �SLo - 3&'�-- Z5 B/
Emai�. %e�,•s �or����-�oe,�w�l: �.�r.,..
AUTHORIZED REPRESENTATIVE:
Signatur�-�----
Date 71�f f �
Name ,���.'s. rv�-ooa.�.
Title �s �'.�,�a-�°�- ��i�°i � �^--� �-.
Fax No. �'�� - ��z - Q73 2-
COMPANY IS:
Business included in a Corporate Income Tax Retum? JYES NO
�Corporation organized & existing under the laws of the State of �x AS
Partnership consisting of
Individual trading as
✓Principal offices are in the city of '/��✓�N -
PAGE 20 OF IFB �#4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
ATiACHMENT A
SAFETY RECORD QUESTIONNATRF
(Must Be Submitted With Bid Submittal)
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Govermnent Code, a.nd
consider the safety records of potential contractors prior to awarding bids on Cify contracts. Pursuaut to Section
252.0435 of the Local Govemment Code, the Ciiy of Denton has adopted the following svritten definition a.ud
criteria for accurately detennining the safety record of a bidder prior to awarding bids on City contra.cts.
The de�nition and criteria for determ;,,;ng the safety record of a bidder for this consideration shall be:
The City of Dentan shall consider the safety record of the badders in determinang the responsibility thereof.
'I'he City may consider any incidence involving vvorker safety or safety of tbe citizens of the City of Denton,
be it related or caused by environmental, mechanical, operational, supervision or any other cause oi- factor.
Specifically, the City may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review
Comuiission (OSHRC), against the bidder for violations of OSHA regulatio�s within the
pasttbree (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined
below) for violaiions within the past five (5) years. Environmental Protection Agencies
include, but are not necessarily limited to, the U.S. Army Corps of Engineers
(USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection
Agency (EPA), the Texas Comrnission on Environmeutal Quality (TCEQ}, the Texas
Natural Resource Conservation Coirunission (TNRCC) (predecessor to the TCEQ), the
Texas Departinent of Health (TDF�, the Texas Parks and Wildlife Department (TPWD),
the Stiuctura.l Pest Control Board (SPCB), agencies of local governments responsible for
enforcing environmental protection or worker safety related laws or regulations, and
similar regulatory agencies of otlier sta.tes of the United States. Citations include notices
of violation, notices of enforcement, suspension/revocations of state or federal licenses
or registrations, fines assessed, pendiug crimuial complaints, indictments, or
convictions, achrunistrative orders, draft orders, final orders, and judicial final
judgments.
a Convictions of a criminal offense within the past ten (1�) years, which resulted in
bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in
deternuning the responsibilii.y of the bidder and his or her ability ta perform the services
or goods required by the bid documents in a safe environment, both for the workers and
other employees of bidder and the citizens of the Ciiy of Denton.
In order to obtain proper information from bidders so that City of Denton may consider tl�e safety records of
potential contractors prior to awarding bids on City cantracts, City of Denton requires that bidders answer the
following three (3) questions and submit them with their bids:
OUESTION �NE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such firni, carporation, partnership or institution, received citations for violations of �SHA within the past three
(3) years?
PAGE 21 OF IFB #�4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONGRETE STREET SECTIONS AND REPAIR SERVICES
YES NO_�/
If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton; with
its bid submission, the following information with respect to each such citation:
Date of offense, location of esta.blishment inspected, category of offense, final disposition of offense, if any, and
penalty assessed.
()UESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such finn, corpora.tion, partnerslup or institution, received citations for violations of enviroiunental protection
laws or regulations, of any kind or iype, within the past five years? Citations include notice of violation, notice of
enforcement, suspensioi�/revocations of state or federal licenses, or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
YES NO °�
If the bidder has indicated YES for question number 1.wo abo�e, the bidder must provide to City of Denton, �vith
its bid submission, the following infonnation with respect to each such conviction:
Date of offense or occurrence, location where offense occuned, type of offense, final dis�osition of offense, if
any, and penalty assessed. �
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for
such firm, corporation, pariuership, or institution, ever been convicted, withiu the past teu (10) years, of a criminal
offense which resulted in serious bodily injury or death?
YES NO�_
If the bidder has indicated YES for question nunnber three above, the bidder must provide to City of Denton, with
its bid subinission, the following infomiation with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepreserrta_' ns r mi sions may cause my bid to be
rejected.
Sig � re
��_���, DFf� c�
Title �
QAGE 22 O� I�S #4974
JAGOE-P U�LI C" CO.
��
Hot Mix Asphalt Production, Sales & Road Construction _ r a
s
�
...Since 1923... �
___J Ft. Worth Dr. P.O. Box 250 Denton, TX 76202 Main #(940) 382-2581 Fax #(940) 382-9732
REFERENCES:
Texas Department of Transportation
Dallas District
2624 Prairie Street
Denton, Texas 76201
Mr. Chris Behnke, PE - Engineer
Phone: 940-387-1414
Texas Department of Transportation
Fort Worth District
2501 Euless Blvd.
Euless, Texas 76040
Mr. Ricardo Gonzalez PE - Area Engineer
Phone: 817-399-4301
Texas Department of Transportation
Wichita Falls District
26�5 W. US Hwy 82
Gainesville, Texas 76240
Mr. Mike Hallum, P.E. - Area Engineer
940-665-5071
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, SOth Leg., Regular OFFICE USE oNLY
Session.
D�e R�r_eived
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the locai government entity
not later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Governrnent Code.
A person comrnits an offense if the person knowingly violates Section 176.006, Local Go�ernrnent
Code. An offense under this section is a Class C misdemeanor.
1 Name of person who has a business relatlonship wfth local governmetrtal errtity.
2
❑ Check this box 'rf you are filing an update to a previously filed questionnaira_
(fhe law requires that you file an updated completed questionnaire with the appropria#e filing authority not later than the 7`h business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.}
3 Plame of local governmerrt officer wfth whom filer has an employmerrt or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Governmerrt Code. Attach additional pages to this Form CIQ as necessary.
A. ls the local government officer named in this section receiving or I�Cely to receive faxable income, other than investment income, from
the filer of the qu�tionnaire?
� Yes � No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this s�tion AN� the ta�cable income is not received from the local governmenial errtity?
0 Yes 0 No
C. Is the filer of this questionnaire employed by a corpor�ion or other business errtity with respect to which the local government officer
serves as an ofFicer or director, or holds an ownership of 10 percerrt or more?
0 Yes 0 No
D. Describe each affiliation or business relatianship.
4
��
� � �i � �� Zl
Signature of person doing business with the governmental entity Date
PAGE 24 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
ATTACHMENT B
Citv of Denton
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton's solicitation are applicable to
Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or
Buyer and the Seller herein after referred to as the Bidder, Contractor or Supplier. Any deviations
must be in writing and signed by a representative of the City's Procurement Department and the
Supplier. No Terms and Conditions contained in the Sellers Proposal response, Invoice or
Statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the Contract/Purchase Order these written provisions will take
precedence.
By submitting an Offer in response to the Soficitation, the Contractor agrees that the Contract shall
be governed by the following terms and conditions, unless exceptions are duly noted and fully
negotiated. Unless otherwise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36
shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only
to a Solicitation to purchase Services to be performed principally at the City's premises or on public
rig hts-of-way.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables
described in the Solicitation and in the Contractor's Offer in strict accordance with the terms,
covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules,
and regulations.
2. EFFECTIVE DATEITERM. Unless otherwise specified in the Solicitation, this Contract shall be
effective as of the date the contract is signed by the City, and shall continue in efFect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in
accordance with good commercial practice and shall include a packing list showing the description
of each item, the quantity and unit price unless otherwise provided in the Specifications or
Supplemental Terms and Conditions, each shipping container shall be clearly and permanently
marked as follows: (a) The Contractor's name and address, (b) the City's name, address and
purchase order or purchase release number and the price agreement number if applicable, (c)
Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the
container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall
be suitably packed to secure lowest transportation costs and to conform to all the requirements of
common carriers and any applicable specification. The City's count or weight shall be final and
conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the
deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the defiverables shall pass to the City only
when the City actually r�ceives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped
PAGE 25 OF IFB #4974
CITY OF DENT�N
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions.
Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery
and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the
purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law,
including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery
before accepting them, and to reject defective or non-conforming deliverables. If the City has the
right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at
the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or
cause to be furnished, without additional charge, all reasonable facilities and assistance to the City
to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must
fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-
complying tender shall constitute a breach and the Contractor shall no.t have the right to substitute
a conforming tender; provided, where the time for performance has not yet expired, the Contractor
may notify the City of the intention to cure and may then make a conforming tender within the time
allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites
where the Contractor is to perform the services as required in order for the Contractor to perform
the services in a timely and efficient manner, in accordance with and subject to the applicable
security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to
the nature �f the City's service requirements and specifications, the location and essential
characteristics of the work sites, the quality and quantity of materials, equipment, labor and
facilities necessary to perForm the services, and any other condition or state of fact which could in
any way affect performance of the Contractor's obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site, including premises and special defects, or service conditions
differ from expected conditions.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance of
the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements of
the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and
PAGE 26 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
retention of verification forms for any individuals hired on or after November 6, 1986, who will
perForm any labor or services under the Contract and the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The
Contractor, it's Subcontractors, and their respective employees, shall comply fully with all
applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and
regulations in the performance of the services, including but not limited to those promulgated by
the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the
most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City
harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and
liability of every kind arising from the breach of the Contractor's obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order
number and the master agreement number if applicable, the Department's Name, and the
name of the point of contact for the Department. Invoices shall be itemized and transportation
charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when
applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if
applicable, the tax identification number on the invoice must exactly match the information in the
Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the
remittance address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours
actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, #he Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in
Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or
the maximum lawful rate; except, if payment is not timely made for a reason for which the
City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days
after the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial
PAGE 27 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTION5 AND REPAIR SERVICES
shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors, which
is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to cover actual
or liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payrnent withholding.
F. Payment will be made by check or ACH unless the parties mutually agree to payment by credit
card or other 'electronic means such as wire transfer of funds. The Contractor agrees that there
shall be no additional charges, surcharges, or penalties to the City for payments made by credit
card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City's payrnent obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay
the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors,
the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to fhe
Purchasing Manager no later than the 15th calendar day after completion of all work under the
contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance
with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final insp�ction, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any �rvarranty specified her-ein, (4) arising from the Contractor's continuing obligations
under the Contract, including but not limited to indernnity and warranty obligations, or (5) arising
under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other
than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS 8� TEST EQUIPMENT: If the price stated on the Offer includes the cost of
PAGE 28 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The Contractor agrees that the representatives of the Office of the City Auditor or other
authorized representatives of the City shall have access to, and the right to audit, examines, or
reproduces, any and all records of the Contractor related to the performance under this Contract.
The Contractor shall retain all such records for a period of four (4) years after final payment on this
Contract or until all audit and litigation matters that the City has brought to the attention of the
Contractor are resolved, whichever is longer. The Contractor agrees to refund to the City any
overpayments disclosed by any such audit.
B. The Contractor shall include section a. above in all subcontractor agreements entered into in
connection with this Contract.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/V1/BE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar
day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontract�r. The terms of the subcontract may not conflict with the
terms of the Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without
the prior written consent of the City and the Contractor. The City may require, as a condition to
such further subcontracting, that the Subcontractor post a payment bond in form, substance and
amount acceptable t� the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to
enable the Contractor to include same with its invoice or application for payment to the City in
accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their contract,
insurance in the type and amounts specified for the Contractor, with the City being a named
insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Gontractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may ofherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
PAGE 29 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear bf all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables
sold the City under the Contract shall be free from defects in design, workmanship or manufacture,
and conform in all material respects to the specifications, drawings, and descriptions in the
Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of
the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry
codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or
recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied
by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or
replace the non-conforming deliverables with fully conforming deliverables, at the City's option and
at no additional cost to the City. All costs incidental to such repair or replacement, including but not
limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City
shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30)
calendar days of discovery of the breach of warranty, but failure to give timely notice shall not
impair the City's rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer's warrant�y, the Contractor shall transfer and assign such manufacturer's warranty to
the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer's warranty for the benefit of the City.
22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
PAGE 30 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or
regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied
by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shafl be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of
the breach warranty, but failure to give timely notice shall not impair the City's rights under this
section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from ofiher sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of
requiring immediate correction or removal and replacement of defective or non-conforming
deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims,
costs, losses and damages attributable to the City's evaluation of and determination to accept such
defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the
City may deduct such amounts as are necessary to compensate the City for the diminished value
of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such
amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform.� In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the
Contractor is observed perForming in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the �United States or (d) makes a material misrepresentation in
Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the
City.
27. TERMINATION FOR CAUSE: In the event of a default bythe Contractor, the City shall have
the right to terminate the Contract for cause, by written notice effective ten (10) calendar days,
unless otherwise specified, after the date of such notice, unless the Contractor, within such ten
PAGE 31 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
(10) day period, cures such default, or provides evidence sufficient to prove to the City's
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including, without
limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate, Additionally, in the event of a default by the
Contractor, the City may remove the Contractor fr.om the City's vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy
pro�ided by law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in
whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon
receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to
the Contract, with such exceptions, if any, specified� in the notice of terminatiori. The City shall pay
the Contractor, to the extent of funds Appr�priated or otherwise legally available for such purposes,
for all goods delivered and services performed and �bligations incurred prior to the date of
termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any OfFer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amenCitynt to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, .in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31. INtDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable costs
and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, workers'
compensation, loss of services, or loss of income or wages to any person (including but not
PAGE 32 OF IFB #4974
CITY OF DENTON
THREE YEAR GONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
limited to the agents, officers and empioyees of the City, the Contractor, the Contractor's
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND
HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED
OFFICIALS HARMLESS FROM AMD AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY
ARISING OUT OF, INCIDENTAL TO, CONCERNING OR RESULTING FROM THE FAULT OF
THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR
SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS
UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK
CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED
CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Attachment C. The successful firm shall procure and maintain
insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance
shall be written by a company licensed to do business in the State of Texas and satisfactory to the
City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including e�ension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage's and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to provide
the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by
cornpanies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City will
accept workers' cornpensation coverage written by the Texas Workers' Compensation
Insurance Fund.
vi. All endorsements naming the City as Additional Insured, waivers of subrogation, and
notices of cancellation endorsements as well as the Certificate of Insurance shall contain
the solicitation number and the following information:
City of Denton
Materials Management Department
901 B Texas Street
Denton, Texas 76209
PAGE 33 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
vii. The "othe�" insurance clause shall not apply to the City where the City is an Additional
Insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as appficable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make
any reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, the claims history of the industry or financial
condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to
lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor's ability to perForm thereunder, the Contractor shall give written notice thereof to the City
within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall
state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall,
215 East McKinney Street, Denton, Texas 76201.
34, NOTI�ES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Reques#ed. Notices delivered by other means shall be deemed delivered
upon receipt by the addressee. Routine communications may be made by first class mail, telefax,
or other commercially accepted means. Notices to the Contractor shall be sent to the address
specified in the Contractor's Offer, or at such other address as a party may notify the other in
writing. Notices to the City shall be addressed to the City at 901 B Texas Street, Denton, Texas
76209 and marked to the attention of the Purchasing Manager.
PAGE 34 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by
the Contractor to the City shall become property of the City upon receipt. Any portions of such
material claimed by the Contractor to be proprietary must be clearly marked as such.
Determination of the public nature of the material is subject to the Texas Public Information Act,
Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and
warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the
deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that no
claims have been made by any person or entity with respect to the ownership or operation of the
deliverables and the Contractor does not know of any valid basis for any such claims, The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere
in the world of the rights associated with the City's' ownership, and if applicable, license rights, and
its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the
Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In
the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City's behalf. Further, Contractor
agrees that the City's specifications regarding the deliverables shall in no way diminish
Contractor's warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deli�erables will not impact such warranties of
Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require
access to certain of the City's and/or its licensors' confidential information (including inventions,
employee information, trade secrets, confidential know-how, confidential business information, and
other information which the City or its licensors consider confidential) (collectively, "Confidential
Information"). Contractor acknowledges and agrees that the Confidential Information is the
valuable property of the City and/or its licensors and any unauthorized use, disclosure,
dissemination, or other release of the Confidential Information will substantially injure the City
and/or its licensors. The Contractor (including its employees, subcontractors, agents, or
representatives) agrees that it will maintain the Confidential Information in strict confidence and
shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential
Information without the prior written consent of the City or in a manner not expressly permitted
under this Agreement, unless the Confidential Information is required to be disclosed by law or an
order of any court or other governmental authority with proper jurisdiction, provided the Contractor
promptly notifies the City before disclosing such information so as to permit the City reasonable
time to seek an appropriate protective order. The Contractor agrees to use protective measures no
less stringent than the Contractor uses within its own business to protect its own most valuable
information, which protective measures shall under all circumstances be at least reasonable
measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor
agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire
PAGE 35 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
right, title, and interest to specific inventions under such patentable subject matter to the City and
to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any
such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should
by operation of law, such deliverables not be considered works made-for-hire, the Contractor
hereby assigns to the City (and agrees to cause each of its employees providing services to the
City hereunder to execute, acknowledge, and deliver an assignment to the City ofl all worldwide
right, title, and interest in and to such deliverables. With respect to such work made-for-hire, the
Contractor agrees to execute, acknowledge, and deliver and cause each of its employees
providing services to the City hereunder to execute, acknowledge, and deliver a work-made-for-
hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such
deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as
those described in this Paragraph 38 a., b., and c. shall continue after the termination of this
Contract with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should desire
to keep the same secret, the Contractor agrees to treat the same as Confidential Information under
the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract must
be originally developed material unless otherwise specifically provided in the Contract. When
material not originally developed is included in a report in any form, the source shall be identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent,
the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure the Contract upon any agreement or understanding for
commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide
established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
42. GRATUITIE�: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Contractor or any
agent or representative of the Contractor to any officer or employee of the City of Denton with a
view toward securing the Contract or securing favorable treatment with respect to the awarding or
PAGE 36 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
amending or the making of any determinations with respect to the performing of such contract. In
the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled,
in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred
by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee,
independent consultant, or elected official of the City who is involved in the development,
evaluation, or decision-making process of the performance of any solicitation shall have a financial
interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this
section shall constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this provision, with the
knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City.
The Contractor shall complete and submit the City's Conflict of Interest Questionnaire (Attachment
B).
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workers'
compensation, or any other City employee benefit. The City shall not have supervision and control of
the Contractor or any employee of the 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:
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of
the City and the Contractor and their respective successors and assigns, provided however, that
no right or interest in the Contract shall be assigned and no obligation shall be delegated by the
Contractor without the prior written consent of the City. Any attempted assignment or delegation by
the Contractor shall be void unless made in conformity with this paragraph. The Contract is not
intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the
intention of the parties that there are no third party beneficiaries to the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either the
Contractor or the City of any one or more events of default by the other party shall operate as, or
be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both
parties. No pre-printed or similar terrns on any the Contractor invoice, order or other document
shall have any force or effect to change the terms, covenants, and conditions of the Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive
statement of the terms of their agreement. No course of prior dealing between the parties or course
of performance or usage of the trade shall be relevant to supplement or explain any term used in
the Contract. Although the Contract may have been substantially drafted by one party, it is the
intent of the parties that all provisions be construed in a manner to be fair to both parties, reading
no provisions more strictly against one party or the other. Whenever a term defined by the Uniform
PAGE 37 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition
shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may
make a written request for a meeting between representatives of each party within fourteen (14)
calendar days after receipt of the request or such later period as agreed by the parties. Each party
shall include, at a minimum, one (1) senior level individual with decision-making authority regarding
the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to
negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a
contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar
days of initiation of the mediation process, the mediator shal� be selected by the Denton County
Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in
good faith for up to thirty (30) calendar days from the date of the first mediation session. The City
and the Contractor will share the mediator's fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws
of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in
Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to
and apply the substantive law of another state or jurisdiction. All issues arising from this Contract
shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the
exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or
interpreted to limit or restrict the right or abifity of the City to seek and secure injunctive relief from
any competent authority as contemplated herein.
51. INVAL:IDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall
in no .way afFect the validity or enforceability of any other portion or provision of the Contract. Any
void provision shall be deemed severed from the Contract and the balance of the Contract shall be
construed and enforced as if the Contract did not contain the particular portion or provision held to
be void. The parties further agree to reform the Contract to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent this entire Contract from being void should a provision
which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
PAGE 38 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing
obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality
obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal,
State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that
its firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No OfFeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to
discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements)
The following fed�r:.�lly funded requirements are applicable, in addition to the specific federally
funded requirements detailed in Attachment C.
A. Definitions. As used in this paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
PAGE 39 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; �r
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract;
but will consider for appro�al foreign articles as domestic for this product if the articles are on a list
approved by another Governmental Agency. The Offeror shall submit documentation with their
Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only dornestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATIOPV: The City of Denton reserves the right to use any and all information
presented in any response to this solicitation, whether amended or not, except as prohibited by
law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Pro�ided the solicitation requires an awarded contractor or supplier
to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The awarded contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.qov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.qov
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or
� supplier shall cflmply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of the
Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-site
compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the
Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible,for both federal and State unemployment insurance coverage and
standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
PAGE 40 OF IFB #4974
CITY OF DENTON
THREE YEAR CONTRACT FOR ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the
Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, 5ubtitle D; 41 U.S.C. 701 ET
SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amenCitynts to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent
shall be liable for all damages to government-owned, leased, or occupied property and equipment
caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any
delivery or cartage company, in connection with any performance pursuant to the Contract. The
Respondent shall notify the City of Denton Procurement Manager in writing of any such damage
within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for perFormance under the Contract should it be prevented from perFormance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence perforrnance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under
the Contract will not affect the right of such Party to require performance in the future. No delay,
failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the
Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or
remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a
waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of
the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities
from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the City or State Auditor's Office is satisfied that all audit and
litigation matters are resolved, whichever period is longer. The Respondent shall grant access to
all books, records and documents pertinent to the Contract to the City, the State Auditor of Texas,
and any federal governmental entity that has authority to review records due to federal funds being
spent under the Contract.
PAGE 41 OF IFB #4974
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BELOW. TNIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT 8E7WEEN THE ISSUING INSURER(S), AUTHORIZED
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