2006-210
ORDINANCE NO. 200(7- -Z /0
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
INDEFINITE QUANTITY PUBLIC WORKS CONTRACT FOR THE PURCHASE OF
MISCELLANEOUS CONCRETE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516- ANNUAL CONTRACT
FOR CONCRETE WORK AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE
ESTIMATED AMOUNT OF $1,200,000).
WHEREAS, the City has solicited, received and tabulated competItIve bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
3516
CONTRACTOR
Floyd Smith Concrete, Inc.
AMOUNT
$1,200,000
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved; until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constructiop of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval ofthe above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ,2 iJd day of 9/.I~ ,2006.
&. YYlmJJ
. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY'
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDE ITY TTORNEY
BY:
3-0RD-Bid 3S 16
810 #3516
DATE:07!06/2006
ANNUAL CONTRACT FOR CONCRETE WORK
EXHIBIT A
...... VENDOR
FloydSmilh
Concretrelnc.
Principal Place of Business Denton, TX
1 DOWEL-ON INTEGRAL (WITH ONE 318" STEEL BAR) 1 IF $7.50
2 CONCRETE CURB & GUTTER {WITH FIBERS)
A 0'T0250' 2876 IF $12.50
8 251'TO 1000' 1162 IF $12.50
C 1001'-5000' 5000 IF $12.00
D 5001 .UP 5000 IF $11.50
3 30' SURMOUNT ABLE CURB/FIBERS 100 LF $18.00
4 5" CONCRETE SIDEWALK (WITH STEEL) 100 SY $37.00
5 4" CONCRETE SIDEWALK/FIBERS ~
A 0-505Q. yas 100 SY $34.00
8 51 TO 100 SQ, yas 100 SY $34.00
C 101 TO 500 SO yas I 50 SY $34.00
501 TO 1000 SQ. YQS , SY $33.00
D 50
, CONCRETE MEDIANS PATTERNED 1 SY $75.00
7 CONCRETE STEPS 10 SF $25.00
, CONCRETE RIP-RAP AND DRAINAGE FLUMES 6" 5000 SY $40,00
A CONCRETE FLUMES 6" - 6' WlDE W/6" CURBS 500 LF $46.25
8 CONCRETE FLUMES 6" -10' WlDE W/6" CURBS 500 LF $63,88
. SAW CUT (EXISTING ASPHALT) 500 LF $175
10 SAW CUT (EXISTING CONCRETE) 625 LF $3,00
11 STRUCTURAL CONCRETE ......}.........................................
A (CLASS A) 5-SACK 500 CY $395.00
8 (CLASS C) 5112 SACK 500 CY $399.00
C (CLASS S) 6-SACK . 500 CY $405.00
12 CONCRETE FOR LIGHT STANDARD BASES 0_50 CY $400.00
13 CONCRETE FOR TRAFFIC CONTROLLER BOX 2 EA $460.00
14 WATER SERVICE ADJUSTMENTS 10 EA $250,00
15 MISC. SPRINKLER SYSTEM ADJUSTMENTS 10 LS $250,00
16 RING & COVER (INLETS 24" LOCKING 124C) 25 EA $200,00
m REMOVE CONCRETE PAVEMENT 180 SY $25.00
178 REMOVE CONCRETE CURB & GUTTER 1000 LF $7.00
17C REMOVE CONCRETE DRIVEWAY & SIDEWALK 1000 SY $22.50
16 UNCLASSIFIED EXCAVATION 500 CY $17.50
19 COMPACTED FILUEMBANKMENT 500 CY $27.50
20 SOD 500 SY $8,00
BID #3516
OATE:07106l2006
ANNUAL CONTRACT FOR CONCRETE WORK
EXHIBIT A
........ VENDOR
Floyd Smith
Concretrelnc.
Prlnctpal Place of Business Denton, TX
21 2" ASPHALT PAVE {TYPE D PATCH MATERIAL) 500 SY $17.50
A OTO 100SQ, YDS 1000 SY $17.50
22 4" CONCRETE FlATWORK (COlOREDfTEXTURED) ii i..
A o TO 100 sa, YDS 559 SY $71.00
8 101 TO 500 SO YOS 1000 SY $70,00
C 501 TO UP sa, YDS 1000 SY $69.00
23 6" CONCRETE PAVEMENT {RADIUS, ETC) WlTH 318" STEEL ON 18" CENTERS ....i....................................
A o TO 50 sa, YDS. 1000 SY $36,00
8 51 TO 100 sa. YDS 1000 SY $36,00
C 101 T0500S0.YDS 1490 SY $35.00
D 500 TO 1000 so, YDS. 2500 SY $34,00
" 8" CONCRETE PAVEMENT (RADIUS, ETC) WITH 318" STEEL ON 18" CENTERS i080
A o TO 50 SQ. YDS. 10 SY $41.80
8 51 TO 100 so. Y~S 10 SY $41.80
C 101 TO 500 sa. YDS. 500 SY $40,80
25 10" CONCRETE PAVEMENT (RADIUS, ETC,) WITH 3/8" STEEL ON 18" CENTERS i G
A o TO 50 SQ. YDS. 10 SY $48.00
8 51 TO 100 so. YDS 10 SY $48.00
C 101 TO 500 so, YDS. 500 SY $47,00
26 12" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS I...................................................
A o TO 50 so. YDS 10 SY $56.00
8 51 TO 100 so. YDS 10 SY $5600
C 101 TO SOO so, YDS 500 SY $54,00
27 ONE SACK CONCRETE BACKFill 0-500 CY $80.00
" ADJUST MANHOLE 8. INLETS 10 EA $600.00
,.. TYPE A HEADWAllS (15"10 36" PER PIPE) 10 lS $2,200,00
298 TYPE A HEADWAllS (39' TO 72" PER PIP~) 10 lS $4,000.00
3DA TYPE B HEADWAllS (15" TO 36" PER PIPE) 10 lS $2,200.00
3DB TYPE B HEADWAllS (39" TO 72" PER PIPE) 10 lS $4.000,00
31A 4'ID MANHOLE (0 TO 6' DEPTH) 10 EA $1,800,00
318 EXTRA DEPTH 1 VF $200,00
32A 5' X 5" JUNCTION BOX (0' TO 6' DEPTH) 20 EA $1,900.00
328 EXTRA DEPTH 1 VF $150.00
32C 4' X 4' JUNCTION BOX (0' TO 6' DEPTH) 10 EA $1,700,00
32D EXTRA DEPTH 1 VF $125.00
32E 6' X 6' JUNCTION BOX (0' TO 6' DEPTH) 10 EA $1,900.00
32F EXTRA DEPTH 1 VF $150,00
BID #3516
DATE: 0710612006
ANNUAL CONTRACT FOR CONCRETE WORK
EXHIBIT A
........ VENDOR
Floyd Smith
Concretrelnc
Principal Piau of Business Denton, TX
33A S'INLET (0' TO 6' DEPTH) 8 eA $1,700.00
33. EXTRA DEPTH 1 VF $100.00
33C 8'INLET (0' TO 6' OEPTH} 8 EA $2,100.00
330 EXTRA DEPTH 1 VF $150.00
33E 10'INLET (0' TO 6' DEPTH) 10 EA $2.300,00
33F EXTRA DEPTH 1 VF $175,00
33G 12'INLET (0' TO 6' DEPTH) 8 EA $2,600,00
33H EXTRA DEPTH 1 VF $225,00
"A 15'INLET (0' TO 6' DEPTH) 10 EA $3,300.00
". EXTRA DEPTH 1 VF $250,00
"C 20'INLET (0' TO 6' DEPTH) 8 EA $4,400.00
340 EXTRA DEPTH 1 VF $300.00
,
35 RECESSED INLET I....................................i......
A 10' RECESSED INLET 6 EA $2,600.00
. 12'RECESSEDINLET 6 EA $2,80000
36 "Y"INLET (INCLUDES APRON, RING & COVER) 8 EA $1,850.00
37 REBUILT INLET (REMOVE 8. REPLACE TOP) I..................................i.....
A 4'INLET 10 EA $900,00
. 6'INLET 5 eA $900.00
C 8'INLET 5 EA $1,000,00
0 10' INLET 1 EA $1,200,00
38 BARRICADES, WARNING SIGNS 8. DETOURS 43 LS $288.75
" TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRiCK INSERTS) ...............................................
A 5' TYPE I WHEEL CHAIR RAMP 1 eA $1,005.00
. 8' TYPE I WHEEL CHAIR RAMP 1 EA $1,320,00
C 10' TYPE I WHEEL CHAIR RAMP 1 EA $1,470.00
0 4' TYPE I WHEel CHAIR RAMP 1 EA $900.00
40 TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) ................................................
A 5' TYPE II WHEEL CHAIR RAMP 1 EA $2,025.00
. 8' TYPE II WHEEL CHAIR RAMP 1 eA $2,550.00
C 10' TYPE II WHEEL CHAIR RAMP 1 EA $2,850,00
0 4' TYPE II WHEEL CHAIR RAMP 1 EA $1,800,00
41 TYPE III WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) I~
A 5' TYPE III WHEEL CHAIR RAMP 1 EA $2,025,00
. 8' TYPE III WHEEL CHAIR RAMP 1 EA $2,500.00
C 10' TYPE III WHEEL CHAIR RAMP 1 EA $2,850.00
0 4' TYPE III WHEEL CHAIR RAMP 1 EA $1,800,00
ADDENDUM #1 yo<
ADDENDUM #2 yo<
BID BOND yo<
CONTRACT AGREEMENT
ST A TE OF TEXAS ~
COUNTY OF DENTON 9
THIS AGREEMENT. made and entered into this ~ day oi ~A.D.. 2006.
by and between
City of Demon of the County of Denton and State of Texas, acting
through
Howard Martin
thereW1to duly authorized so to
do, hereinafter tenned "OWNER," and
Floyd Smith Concrete, Ioc.
PO Box 1781
Denton. TX 76202
of the City of Denton, County of Denton and State of
Texas
, hereinafter tenned
"CONTRACTOR"
Bid 3516 - Concrete Work not to exceed $500.000.00 aggregate at any time.
WITNESSETH: That for and in considerdtion of the payments and agreements hereinafter
mentioned, to be made and perfonned by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
perfonnance of the work specified in eaL:h delivery order and all extra work in connection therewith,
under the tenns as stated in the Gereral Conditions of the agreement; and at his (or their) own
proper cost and expense to fLUTllSh all materials, supplies, machinery, equipment, tools,
superintenderx.:e, labor, insurance, and other accessories and services necessary to complete the work
specified above, in accordance with the conditions and prices stated in the Proposal and the
Perfomlarx.:e and Payment Bonds, attached hereto, and in accordance with all the General Conditiom
of the Agreement, the Special Conditiom. the Notice to Bidders (Advertisement for Bids), and
Irl~trl\(.:tions [0 Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in
accordance with the plans. which irdudes all maps, plats, blueprints, and other drawings and printed
or written explanatory matter thereof, and the Specifications therefore, as prepared by:
City of Denton Staff
all of which are referenced herein and made a part hereof and collectively evidence and COll'\titute the
entire contract.
CA~1
INDEPENDENT STATUS
It is mutually understood and agreed by and between City and Contractor that Contractor is
an indepLndent contractor and shall not be deemed to be or con<.;idered an employee of the City of
Demon. Texas, for the purposes of iocome tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit. City shall not have
supervision and control of Contractor or any employee of Contractor. and it is expressly Lllders[ood
thal Comrat:tor shall perform the services hereunder ac<.:ording to the attached specifil:atioIl..'i at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
INDEMI\1FICATlON
,
Comral;;tor covenants and agrees to and does hereby indemnify, hold hannless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for propeny loss or damage and/or personal injury, including death, [Q any and all person<!, of
whatsoever kind or character, whether real or asserted, arising au[ of the Work and services to be
perfom1ed hereunder by Contractor, its officers, agents, employees, subcomractors, licensees or
invitees. whether or nm caused, in whole or in part. by the alleged ~gligence of the oftlcers,
servants, employees, of me Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold hannless Owner during the perfonnarce of any of the tenns and conditions of
this Contract. whether arising out of in whole or in part, any and all alleged acts or omissions of
officers. servanl"l, or employees of Owner. The provision"! of this paragraph are solely for the
benefit of the parties hereto and not intended [Q 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
cOfmruction and enforcement shall lie in the COUTts of Demon County, Texas.
The CONTRACTOR hereby agrees to commeoce work on or after the date established for
the start of work as set forth in written notice to commerce 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 fonns a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and
day first above written.
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ATTEST, :J
(l flM4r.- ~ MWV'--'"
6Cb1hOAa/ JI~~
APPRO
TOF
Y ATTORNEY
~~
OWNER I '
BY;
(SEAL)
Fl 0 ~ 5 ~ ~-k,. (l /hill r e+e rf\<!.- .
CONTRACTOR
P./). ~oy:. 118/
_t,Qv\+lMA IV- 1fr-,.:Lo.;J.
MAILING ADDRESS
Cf'-f.o - -S-bS- - 0/14-
PHONE NUMBER
q'fO - 5(.. s- - 0 I I L/
BY: \ft;l44i
TITL e .
FlojJS'M'+h - r~SldelL+-
PRINTED NAME
(SEAL)
CA - 3
Bond# 4354134
PERFORMANCE BOND
ST A TE OF TEXAS ~
COUNTY OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS: That Floyd Smith Concrete, Ire,/'
whose address is, POBox 1781, De)1ton, TX 76202 hereinafter called Priocipal, and,
SureTec Insurance CompanyV' a corporation organized and existing
under the laws of the State of Texas , and fully authorized to transact business in the
State of Texas, as Siller)', are held and fim11y bound unto the City of Denton, a municipal
corporation organized and existing W1der the laws of the State of Texas, hereinaftey.-Called Owneyin
the penal swn of One Million Two Hundred Thotl,and and 0/100 DOLLARS~1 ,200,000l'6f the
stated penal swn as an additional swn of money representing additional court expemes, attorneys'
fees, arxi liquidated damages arising out of or comrcted with the below identiticd Contract, in lawful
money of the United States, to be paid in Denton County, Texas, for the payment of which sum well
and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors,
and assigIlli, jointly and severally, fimlly by these presents.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinan<.:e NLUnb;s..2006-21O , with the City of Denton,
the Owner, dated the 2yl, day of July A.D. ~a <.:opy of which is hereto attached and
made a part hereof, for Bid #3516- Concrete Work ~ .
This bid is for an annual price agreement for <.:oncrete. No one job is expected to go above
$500,000. If it does, the successful vendor will be responsible for acquiring additional bonding if
aggregate jobs are in excess of S500,000. Upon receipt of notice of acceptance of this bid, within
thiny (30) days of the date of this proposal, the successful vendor agrees to execute the formal
contract wltllin fifteen (IS) days thereafter, and to deliver an INSURANCE certiftcate, a SURETY
BOND in tlle amount of 51,200,000 (One Million Two HWldred Thousand Dollars) for faithful
perfonllance of the contract and a STATUTORY PA YMENT BOND for 51,200,000 (One Million
Two Hundred Thousand Dollars).
NOW, THEREFORE, if the Principal shall well, truly and faithfully perfoml and fulfill all of the
undertakings, covenants, tenns, conditiorl'l and agreements of said Contract in accordance with the
Plam, Spedficatiom and Contract DOClunents during the original term thereof and. any extension
thereof which may be granted by the Owrer, with or without notice to the Surety, and during the life
of any guaranty or warranty required under this Contract, and shall also well and truly perfonl1 and
fulfill all the undenakings, covenant'i, tenns, conditions and agreements of any and all duly
authorized moditkation'i of said Contract that may hereafter be made, notice of which modifications
to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to
faulty materials and workmanship that appear within a period of one (1) year from the date of final
l:ompletion and fimI acceptance of the Work by the Owner; and, if the Principal shall fully
indenmify and save han111ess the Owner from all costs and damages which Owrer may suffer by
reason of failure to so perfolln herein and shall fully reimburse and repay Owner all outlay and
expense which the Owner may incur in making good any default or deficiency, then this obligation
shall be void; otherwise, it shall remain in full force and effect.
PB-l
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in
Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extemion of time, alteration or addition to the tenns of the Contract, or to the
Work to be perfonned thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the tem1s of the Contract, or to the Work [0 be:
perfonned thereunder, or to the Plans, Specifications. Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Demon County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Armotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrwllent is executed in ----"-- copies, eachyre of which
shall be deemed an original, this the 25th day of July , 2006.,r
ATTEST:
PRINCIPAL
~
r -
BY:
SECRETARY
Fr 0 lj.d 5r'1t,-th C O'<\eret-e L-c..
~/
BY
ATT[) rw
BY' I wL 1-______
SURETY
BY:
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME:
Jeff King of Ramey & King Insurance Agency
STREET ADDRESS: 510 N, 1-35 East, Denton, TX 76205
(NOTE' Date of Pelformance Bond mllSt be dale a/Commcr, I/Resident Agent is not a corporation, give a person's
name,)
/
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POA#,4354134
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men hy These Presents, That SURETEC INSURANCE COMPANY~ "Company"), a Corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint ./
Jeff King V
of Denton , Texas its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or otber instruments or contracts
of suretyship to include waivers to the conditions of contracts and consents of surety for:
Principal: Floyd Smith Concrete, 1nc...,..r
Obligee: City of Denton, Tex;lS ./
Amount: S I ,200,000.00 V
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confinning all that the said Attorney-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be if Resolved. {hat the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
nOlices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating Ihereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2r1" of April,
/999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
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On this 20th day of June, AD. 2005 before me personally came 8.1. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC fNSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; thai it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
Stale of Texas
COUr!IY or Harris
ss:
/
SURETEC INS
By:
Michelle Dennv
NotCllV PublIo
Slate 01 rextll
Mv Commission Ellplms
August 27. 2008
Y'l11u!i1fli 0, ~~
Michelle Denny, Notary P he
My commission expires August 27,2008
I. M Gecnt !lcaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certifY that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effer.:t; and furthermore, the resolutions of the Board of Directors, set
OUI in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this
25th day of July .,20 06 , A.D.
V.~1~_:
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812.0800 any business day between 8:00 am and 5:00 pm CST.
~~
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a
complaint at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department oflnsurance to obtain information on companies, coverage, rights or complaints at 1-800-252-
3439. You may write the Texas Department ofTnsurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premimu or about a claim, you should contact the
Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for,
losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be
liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their
related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental
spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the
performance of the bonded obligations, of the occurrence, existence, or appearance thereof.
Warranty Limitation Rider
I n no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty five
months after the date on which Subcontractor either substantially completed its work or breached the Subcontract,
whichever is the first to occur.
Texas Rider 010106
PB-2
Bond# 4354134
PA YMENT BOND
STATE OF TEXAS *
COUNTY OF DENTON *
KNOW ALL MEN BY THESE PRESENTS: That, Floyd Smith Concrete, Inc/'
whose address is. PO Box 1781, D~on, IX 76202 hereinafter called Priocipal, and
Suretec Insurance Company ~ , a corporation organized and existing
under the laws of the State of Texas , am fully authorized to transact bU'liness in the
State of Texas, as Surety, are held and firmly bound unto the City of Demon, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called Owner,
and unto all persom, finns, arxl {;orporations who may furnish materials for, or pafonll labor upon,
the building or improvements herei~r referred j9< in the penal sum of One Million Two Hundred
Thousand and 0/100 DOLLARS-1$1,200,000)AfJ lawful money of the United States, to be paid in
Demon, County, Texas, for the payment of which SWll well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents. This Bond shall automatically be increased by the anlOWlt of any Change Order
or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order
or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance NLllllber? 06-210, with the City of Denton,
the Owner, dated the ~ day of July A.D. 2006 copy of whJJ:.h is hereto attached and
made a pan hereof, for Bid #3516-Annual Contract for Concrete Work."""""'"
This bid is for all annual price agreement for concrete. No Ol~ job is expected to go above
$500,000. If it does, the successful vendor must increase his bond to that an10unt. Upon receipt of
notice of acceptarx:e of this bid, within thirty (30) days of the date of this proposal, the successful
vendor agrees to execute the fonnal contract within fifteen (15) days thereafter, and to deliver an
INSURANCE certificate, a SURETY BOND in the amount of $1,200,000 (One Million Two
Hundred Thousand Dollars) for faithful perfonnam:e of the contract and a STATUTORY
PAYMENT BOND for $1,200,000 (One Million Two Hundred Thousand Dollars),
NOW, THEREFORE, if the Principal shall well, truly and faithfully perfonn its duties and
make prompt pay11lent to all perSall';, finns, subcontractors, corporations arK! claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modificatiorn to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, dtat if any legal action be filed on this Bond, exclll,ive venue shall
lie in Denton County, Texas.
PB-3
AND PROVIDED FURTHER, tffit the said Surety, for value received, hereby stipulates and
agrees that no change, extemion of time, alteration or addition to the tcnns of the Comract, or to the
Work to be perfonned thereunder, or to the Plam. Specifications. Drawings, etc.. accompanying the
same, shall in anywise affect il'i obligation on this Bond. and it does hereby waive notice of any such
change. extension of time, alteration or addition to the tem1S of the Contract, or to the Work to be
perfonned therelU1der, or to the Plans. Specificatiom. Drawings. etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as
amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agem is hereby designated by the Surety herein as the Resident
Agent in Denton County to whom any requisite notices may be deli vered and on whom service of
process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the
Insurd.nce Code. Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instnunent is executed in ~ copies, eachyre of which
shall be deemed an original, this the 25th day of July , 2006 V
PRINCIPAL
EU2~"'~ ~~~e+e rV\~
By~7
PRESID NT
BY
SECRFT^RY
ATTEST:
SURETY
l3y:cf)lwt !-xOPV--
The Resident Agent of the Surety in Demon County, Texas for delivery of notice and service of the
process is:
/
ck
~~
NAME: Jeff King of Ramey & King Insurance Agency
STREET ADDRESS: 510 N. 1-35 East, Denton, TX 76205
(NOTh:: Dme of Payment Bond mus! be dale of Contract. ff Resident Agent is not a corporalion. give a
person's name.)
PB-4
CITY OF DENTONl_ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to tire insurance requirements below. It is lu'glrly recommended that
bidders cOllfer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorsemems as prescribed and provided
herein. If all apparent low bidder fails to comply strictly with the insurance requiremellts. that
bidder may be disqualified from award of the colltract. Upou bid award, all il/sural/ce
requirements shall become cOlllractual obligations. which the successful bidder shall have a duty
to maillla;lI throughout the course afthis COJltract.
STANDARD PROVISIONS:
Without limiting llllY of the mile,. obligations or liabilities of the Contractor, the Culllractor shaff
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum imurance coverage as j,uJicated hereinafter.
As soon as practicable ({fier lzot{fication of bid award, Contractor shall file with the Purchasing
Departmem satisftfclOI)' ('ertijicates of insurance, cOl1failling the bid number and title of the project.
Contractor may, upon Hwittell request to the Purchasing Department, ask for clnqfication of allY
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requiremems may nO! be modified or waived after
bid opening unless a written exception has been submilled with the bid. COlltractor shall/JOt
commence allY work or deli~'er allY materiallllllil he or she receives Ilotification that the co/ltract
lias beell accepted, approved, alld siglled by the City of DeIllOIl.
Ail insurance policies proposed or obtained in satisfaction of these requirements Shilll comply with
tlw following generaL spec/jleatiolls, and shall be maintained in compliance with these general
specificatiom throughout the duration of the Comract, or longer, if so noted:
. Each policy shall be issued by a company authorized to do busiress in the State of Texas
with an A.M. Best Company rating of at least A .
. Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volW1teers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigatiom, claim administration and de feme expenses.
. Liability policies shall be endorsed to provide the following:
.. Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
.. That such insurance is primary to any other insurance available to the additional
inliilled with respect to claims covered under the policy and that this insura:rx:e
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than ore insured shall not operate to increase the iUliurer's
limit of liability.
. All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED".
. Should any of the required insurance be provided under a claims-made foml, Contractor
shall maintain such coverage cominuou.<;ly throughout the tenn of this contract and,
without lapse, for a period of three yeaDi 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 insuraoce be provided under a fonn of coverage that iocludes
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 tenl1 , 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, temlinate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[Xj A. General Liability Insurance:
General Liability insurarre with combined single limits of not less than $1,000,000
shall be provided arll:l. maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and Wllbrella
or excess policies.
If the Commercial Gereral Liability fonn (ISO Fonn CG 0001 current edition) is used:
. Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad fonn property damage coverage.
. Coverage B shall include personal injury.
. Coverage C, medical payments, is not required.
If the Comprehen'iive Gereral Liability fom1 (ISO Form GL 0002 Current Edition and
ISO Fonn GL 0404) is used, it shall include at least
. Bodily injury and Property Damage Liability for premises, operatiom, products
and completed operatioIl'i, independent contractors and property damage
resulting from explosion, collapse or lll1derground (XCU) exposures.
. Broad fom1 contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad fonn property damage liability.
IXJ Automobile Liability Insurance:
Contractor shall provide COllunercial Automobile Liability in.'iuraoce with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of
basil,; and wnbrella 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 ll'ied in conjlll1l.:tion with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
.
any auto, or
.
all owned, hired and non-owned autos.
[XI \Vorkers Compensation Insurance
Contractor shall purchase and maintain Worker's Compen'iation in'iurance which, in addition
to meeting the minimum statutory requirements for issuaoce 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 perfonned for
the City by the Named Insured. For building or comtruction projects, the Contractor shall
comply with the provisiom of Attachment 1 in accordance with ~406.096 of the Texas Labor
Code and rule 28T AC 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 OW1~r's and Contractor's Protective Liability insuraoce 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 lll1der this contract. Coverage shall be on
all "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability imurance. Policy limits will be at least
combined bodily injury and propeny damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad fonn General Liability is not provided or is unavailable to the
comrdctor or if a contmctor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ I Professional Liability Insurance
Professional liability insurance with limits not less than
to negligent acts, errors or omission'! in connection with
Wlder this Agreement,
per claim with respect
professional services is required
r 1 Builders' Risk Insurance
Builders' Risk IIl'urance, on an All-Risk form for l()()% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ I Additional IlIsurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
[Xl \Vorker1s Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Defmitions:
Certificate of coverage ("cenificate")-A copy of a certificate of insuraoce, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
in''iUrance t:overage for tire person's or emity's employees providing services on a
project, for the duration of the project.
DUrdtion of the project - includes the time from the beginning of the work on the project
until the comractor's/person's work on the project has been completed and accepted by
the governmental emity.
Persons providing services on the project ("subcontractor" in *406.096) - iocludes all
~TSOns or entities perfomling all or part of the services the contractor has undertaken (Q
perfonn 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,
owocr-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a projecL "Services" does not include
activities lUlfelated to the project, such as food/beverage vendors, office supply
ddiveries, and delivery of portable toilet'!.
B. The contractor shall provide coverage, based on proper reponing of dassification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Lahor 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 cenificate 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 l:ontmctor must, prior to the end of the coverage
period, file a rew 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 govemmental entity:
(I) 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 person~ 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 covemge ends during the duration of the project.
F. The contractor shall retain all required certificates of (,;overage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, fonn and manner
prescribed by the Texas Workers' Compemation Commission, infonning all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
l. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on thl:: project, for thl:: duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of cov~rJ.ge, prior to the other p~rson beginning work on the
project; and
(b) a rew certificate of covemge showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(6) notify the goverrnnemal entity in writing by certitied mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materiallyaffecl<;; the provision of coverage of any person providing services on the
project; and
(7) contrdctually require each person with whom it comracl<;;, to perfonn as required
by paragraphs (I) ~ (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
1. By signing this comract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmemal 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 arnoW1ts, am that all coverage
agreemenl<;; will be filed with the appropriate insurarce carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading infonnation 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 comractor which entitles the governmental emity to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the govermnental entity.
~C_QBQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYVY)
08/07/2006
PROOUGER (940) 382-9691 FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ramey & King Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
510 North r-35 E ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW.
Denton, TX 76205
Nicole Green /' INSURERS AFFORDING COVERAGE NAIC#
INSURED Floyd Smith Concrete, rnc ,/ o-L. !)~ INSURER A: Trinity Universal 19887
P. O. Box 1781 INSURER B: Texas Mutual Ins. Co. TXMUT
Denton, TX 76202-1781 ~\",\\1 ~ INSURER c: Unitrin 29351
lb ~ INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDJTlONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DO' TYPE OF INSU~E POLICY NUMBER POll Y EFFECTIVE POLICY EXPIRATION ./' LIMITS
GENERAL LIABILITY ./ CAPOO06970 1'09/28/2005 09/28/2006- EACH OCCURRENCE I 1,000,000
X COMMERCIAL GENERAL LIABILITY V DAMAGE TO RENTED I 100,000
-p CLAIMS MADE 00 OCCUR MED EXP (Anyone person) I 5,000
A PERSONAL & AOV INJURY I 1,000,000
-
GENERAL AGGREGATE I 2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG I 2,000,000
I .nPRO. II
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- I
ANY AUTO (Eaaccidenl)
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) I
SCHEDULED AUTOS
-
HI REO AUTOS BODILY INJURY
- (Peraccidenl) I
NON.QWNED AUTOS
-
- PROPERTY DAMAGE I
(Peraccidenl)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I
=1 ANY AUTO OTHER THAN EAACC I
AUTO ONLY: AGG I
~~ESSlUMBRELLA LIABILITY EACH OCCURRENCE I
_I OCCUR 0 CLAIMS MADE AGGREGATE I
I
l DEDUCTIBLE I
RETENTION I / /' ./ I
WORKERS COMPENSATION AND /' TSFOOOI082227 09/28/2005 09/28/2006" I ~9,~T ~;~~ I I OJ~-
EMPLOYERS' LIABILITY 100,000
B ANY PROPRIETORJPARTNERIEXECUllVE EL. EACH ACCIDENT I
OFFICER/MEMBER EXCLUOED? E,L. DISEASE - EA EMPLOYE I 500,000 /
tfyes, describe under E.L. DISEASE - POLICY LIMIT I 100,000
SPECIAL PROVISIONS belOw
OTHER CAPOO04264 07/23/2006 07/23/2007 $ 50K/Item $100K/Occurrence
C $500.00 Deductible
pDrESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCir ADQED BY ENDORSEMENT iYECIAL PROVISIONS non renewed or materially
roject: Bid #3516 - Concrete Work - Sa,d policy sha not be cancelled,
changed without 30 days advanced written notice being given to the owner (city) except when the policy ...-
's being cancelled for non-payment of premium in which case 10 days advanced written notice is required~
(ertifira+p hnlnpr is listed as an Additional insured with respects to the General liability coverage~
there is a Waiver of Subrogation in favor of City of Denton on the Workers Compensation Policy.~
./"
--
/""
--
City of Denton/'
901 B Texas Street
Denton, TX 76201
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATlO~TE THEREOF, THE ISSUING INSURER WILL ~ MAIL
30 """f)AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
IilIJtXf(_X1XJ(X_~X~XX.
_~JOl(I'IlI(M ~_XXXXXXXX.
CERTIFICATE HOLDER
ACORD 25(2001/08) FAX: (940)349-7302
James
@ACORDCORPORATION 1988
,..1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Aue: 11 06 09:30a
Holt Ae:encl1
940 566 5942
NO. 5638
p.1
AUG. 10.2006 5:54PM
~
Allstate.
_......- /'
ALLSTAte INSURANCE COMPANY .. NOR'I'H8ROOK.IL v
TlilSCERTlFlCATE 18ISS1J1!OASAMAl1J;:R OF INFORMA1ION OI'4l.Y AND ........~ NO RIGHTS UPON THE c:eRl1I'ICATE HCll.DER. THIS
Cl!RTIFlCATE DOEll Nar AMiND.1!XTEND MAllER THE CO\/ERAGE ~ 8YllIE POl.IaES BE\.DW.
P. 1
CERTIFICATE OF INSURANCE- COMMERCIAl
INTERESTED PARTYTYPE: CERTJFICA'IE IIOLDSl
COh.m-cb:
CER1IfICA1Ji HIlUlI!Il IWIEIIIN8URED
-.__oI-...WhomIl1ll II ......, ---..- /'
ClTYOf'DENTON SID 3518" , POBOX178t ;V
801 S TElCASSTIlEET ~tp
DENTON 'IX 7\1201 DI!NTON'IX 7Il2D2 1781
~"IOCOI\II1Nl ____ _....._ _ _subjocIlO.............___.
poICIe
_....dIng "'I1lIIpIIntmonl, ..... or ......... of..., _ ..._ dllCMIIIN willi NSJllld'" _l1li- ....,.... - or ""'l'
perlaI/L The_ oflunled.., "'" po1IcIo5 ,*"",",,_Itoubjoc:tla oIlIIe_ - . ... and_llI_ poIicioo.
TYPE Of INSIIIWlC& AND LMTS
-... Doflt
--
L1nllI
AOOREG\TI!UMlfIOlher _.
PRDOUCTS. CONPLliT'ED OPERATIONSAGGREGATE UMIT
PI!RSONAI.AND ADYERTl9ING INJURY' UIltlT
EADt RR!Na: UMlT
P'IiYS1CAL DAMAGE UNIT
MEDlCALElCPENSE UMIT
AUl'OMOIlI/.E
~4... Q8
-
GDlER-U LJABtUTY
PI<< Al1TO
P -
-
o OWNED AUTO&
5
$
$
$
$
$
EIaoIIft Dam 1
11-
IlIilED IdJfOS
1!!I5PEClF1l!DAU1'OS/ I!!lNON-OWNED
EACIf
ACCIDENT
$
ACClIIENl'
GI!NI!IW.
DIIlt ~A
PRODUCTS - OPERATIONS AGGRE~
,
,
Palil:r
-
Data
~dUI_
Data
Moo.._....."""""'I~...M~~.........~.., ,..-...;......',........: -. .,J.,,',.. .'
...~~":"!...~~.~~~.,......J~.. ...~.. _ _.._ ~._...., .J.!.'iiII'Mt_i~!I'.~j.o,(~.~~~-,....;...~;':,"i::"" ..,:-:':
: :~t :'. ~:...~~~
IT ISAGRESl THAT lIE INllURANCEPMh""".....tw.-..:u_lERMIHATE. THli ISSUJNeCOMPANYWIU.__
10 MAD.. NC7T1CE OF SUCI1 T..-noNWITllIN 151lA'(S FOR THE FOLLOWIN9I1",::-..'TEO PART1E8: MORl'GAGEE. lIENHOlDER,
All[lI'II(Wo\l. AIlD ADIl111OIlAlINTERESTEO PARtY.
Co~
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8/f00lll/
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~
COI10442l.W11llTV l8lOS)
.
CONTRACT AGREEMENT
STATE OF TEXAS ~
COUNTY OF DENTON ~
THIS AGREEMENT, made and entered into. this 25th day af Julv A.D., 2006,
by and between Citv afDentan aftbe Caunty af Dentan and State afTexas, acting
tbraugb
Haward Martin
thereunto. duly autharized sa to.
do., hereinafter termed "OWNER," and
Flavd Smitb Cancrete. Inc.
POBax 1781
Dentan. TX 76202
afthe City afDentan, Caunty afDentan and State af
Texas
, hereinafter termed
"CONTRACTOR."
Bid 3516 - Cancrete Wark nat to. exceed $500.000.00 aggregate at anv time.
WITNESSETH: That far and in cansideratian af tbe payments and agreements hereinafter
mentianed, to. be made and perf armed by OWNER, and under the canditians expressed in the bands
attached hereto., CONTRACTOR hereby agrees witb OWNER to. cammence and camplete
perfarmance af the wark specified in each delivery arder and all extra wark in cannectian tberewitb,
under the terms as stated in the General Canditians af the agreement; and at his (ar their) awn proper
cast and expense to. furnish all materials, supplies, machinery, equipment, taals, superintendence,
labar, insurance, and ather accessaries and services necessary to. camplete the wark specified abave, in
accardance witb tbe canditians and prices stated in tbe Prapasal and tbe Perfarmance and Payment
Bands, attached hereto., and in accordance with all the General Canditians af the Agreement, tbe
Special Canditians, tbe Natice to. Bidders (Advertisement for Bids), and Instmctians to. Bidders, as
referenced herein and an file in the affice af the Purchasing Agent, and in accardance with tbe plans,
which includes all maps, plats, blueprints, and other drawings and printed ar written explanatary
matter thereaf, and the Specificatians therefore, as prepared by:
Citv afDentan Staff
all af which are referenced herein and made a part hereaf and callectively evidence and canstitute the
entire cantract.
CA-I
INDEPENDENT STATUS
It is mutually understood and agreed by and between City and Contractor that Contractor is an
independent contractor and shall not be deemed to be or considered an employee of the City of Denton,
Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave
benefits, worker's compensation, or any other City employee benefit. City shall not have supervision
and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor
shall perform the services hereunder according to the attached specifications at the general direction of
the City Manager of the City of Denton, Texas, or his designee under this agreement.
INDEMNIFICA nON
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its
own expense, Owner, its officers, servants and employees, from and against any and all claims or suits
for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants,
employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify
and hold harmless Owner during the performance of any of the terms and conditions of this Contract,
whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or
employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto
and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
CHOICE OF LAW AND VENUE
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for the
start of work as set forth in written notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are provided by the General and Special
Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in
the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and
day first above written.
ATTEST:
OWNER
BY:
(SEAL)
ATTEST:
~cl. SrVl'\-k ~ O>'\c.re+e 1flc.
CONTRACTOR
P. 0. ts oK t7 g/
j)ef\+of\., T'I 1 fc,Aod-.
MAILING ADDRESS
CILlO - !;;b5: -O//Lj
PHONE NUMBER
APPROVED AS TO FORM:
QlfO- 5h5-0(/<j.
FAXrfUMBER
BY, t!ff~
F{o~d 5M'-!t, - res;d~j!)t
PRINTED NAME
(SEAL)
CITY ATTORNEY
CA-3
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That Floyd Smith Concrete, Inc.
whose address is, POBox 1781, Denton, TX 76202 hereinafter called Principal, and,
a corporation organized and existing under
the laws of the State of , and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum
of Five Hundred Thousand and 0/100 DOLLARS ($ 500,000) of the stated penal sum as an additional
sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising
out of or connected with the below identified Contract, in lawful money of the United States, to be paid
in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by
these presents.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006-210, with the City of Denton,
the Owner, dated the ~ day of July A.D. 2006, a copy of which is hereto attached and made
a part hereof, for Bid #3516- Concrete Work not to exceed $500,000 per specification.
This bid is for an annual price agreement for concrete. No one job is expected to go above $500,000.
If it does, the successful vendor will be responsible for acquiring additional bonding if aggregate jobs
are in excess of $500,000. Upon receipt of notice of acceptance of this bid, within thirty (30) days of
the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15)
days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of
$500,000 (Five Hundred Thousand Dollars) for faithful performance of the contract and a
STATUTORY PAYMENT BOND for $500,000 (Five Hundred Thousand Dollars).
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all ofthe
undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the
Plans, Specifications and Contract Documents during the original term thereof and any extension
thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of
any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill
all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized
modifications of said Contract that may hereafter be made, notice of which modifications to the Surety
being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials
and workmanship that appear within a period of one (I) year from the date of final
completion and final acceptance of the Work by the Owner; and, if the Principal shall fully
indemnify and save harmless the Owner from all costs and damages which Owner may suffer by
reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and
expense which the Owner may incur in making good any default or deficiency, then this obligation
shall be void; otherwise, it shall remain in full force and effect.
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in
Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code,
as amended, and any other applicable statutes ofthe State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident
Agent in Denton County to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in -L copies, each one of which shall
be deemed an original, this the _day of
ATTEST:
PRINCIPAL
BY:
SECRETARY
BY:
PRESIDENT
ATTEST:
SURETY
BY:
BY:
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process IS:
NAME:
STREET ADDRESS:
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's
name.)
PB-2
PAYMENT BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That, Flovd Smith Concrete, Inc.
whose address is, PO Box 1781, Denton, TX 76202 hereinafter called Principal, and
, a corporation organized and eXlstmg
under the laws ofthe State of , and fully authorized to transact business in the State
of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all
persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or
improvements hereinafter referred to, in the penal sum of Five Hundred Thousand and 0/100
DOLLARS ($500,000) in lawful money of the United States, to be paid in Denton, County, Texas, for
the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement which
increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006-210, with the City of Denton,
the Owner, dated the 25th day of Julv A.D. 2006, a copy of which is hereto attached and made
a part hereof, for Bid #35l6-Annual Contract for Concrete Work.
This bid is for an annual price agreement for concrete. No one job is expected to go above
$500,000. If it does, the successful vendor must increase his bond to that amount. Upon receipt of
notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful
vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an
INSURANCE certificate, a SURETY BOND in the amount of $500,000 (Five Hundred Thousand
Dollars) for faithful performance ofthe contract and a STATUTORY PAYMENT BOND for $500,000
(Five Hundred Thousand Dollars).
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor
and/or material in the prosecution of the Work provided for in said Contract and any and all duly
authorized modifications of said Contract that may hereafter be made, notice of which modifications to
the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain
in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie
in Denton County, Texas.
PB-3
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as
amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent
in Denton County to whom any requisite notices may be delivered and on whom service of process
may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance
Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in ~ copies, each one of which shall
be deemed an original, this the _ day of
ATTEST:
PRINClP AL
BY:
SECRETARY
BY:
PRESIDENT
ATTEST:
SURETY
BY:
BY:
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process IS:
NAME:
STREET ADDRESS:
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.) .
PB-4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorsements as prescribed and provided
herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements
shall become contractual obligations, which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such requests
prior to bid opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall not commence
any work or deliver any material until he or she receives notification that the contract has been
accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the
following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
. Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A.
. Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
. Liability policies shall be endorsed to provide the following:
.. Name as additional insured the City of Denton, its Officials, Agents, Employees and
volunteers.
.. That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit ofliability.
. All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY.
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED".
. Should any of the required insurance be provided under a claims-made form, Contractor
shall. maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
. Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to
be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
. Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction ofthis Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, ifso noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1.000.000 shall
be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and umbrella or
excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
. Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
. Coverage B shall include personal injury.
. Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO
Form GL 0404) is used, it shall include at least:
. Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage resulting
from explosion, collapse or underground (XCD) exposures.
. Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500.000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
.
any auto, or
.
all owned, hired and non-owned autos. .
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease. The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured. For building or construction projects, the Contractor shall comply with the provisions
of Attachment I in accordance with 9406.096 of the Texas Labor Code and rule 28TAC
110.110 ofthe Texas Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least combined
bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% ofthe completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract, that
requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-8l,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by the
governmental entity.
Persons providing services on the project ("subcontractor" in 9406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor, transportation,
or other service related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file
a new certificate of coverage with the goverrunental entity showing that coverage has been
extended.
E. The contractor shall obtain from each person providing services on a project, and provide
to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change
that materially affects the provision of coverage of any person providing services on the
proj ect.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the proj ect, a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
proj ect; 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 proj ect;
(5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the proj ect, 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 cornmission'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.
On~ ; V\ 0... \
Purchasing Department
901-8 Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasinQ.com
ADDENDUM #2
Bid #3516
Annual Contract For
Concrete Work
BIDS DUE: July 6, 2006
2:00 P.M.
Bid submitted by:
F ( 0 cya 5rn 'i-/-t.. (l M (lJ e -/--p Tt\G.. .
Company Name
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
ADDENDUM #2
Addendum #2 to be returned with Bid Proposal
The following are changes to the bid specifications:
The attached pages 2 - 10 replace the Bid Tabulation pages included in Addendum
#1.
PAGE 1 OF BID #3516
Bidder's Initials.~ .
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
ITEM DESCRIPTION QTY UNIT
1 Dowel-On Integral With One 3/8" Steel Bar) 1 LF
Unit Price in Words: Seven ",,;cl >19/,,~o "DDC(Q,.-S
2 Concrete Curb & Gutter With Fibers)
A 0' to 250'
Unit Price in Words: Twe (\Ie CI."d '5:0/,DO D" I I des
B 251' to 1000'
UnifPrice in Words: I we! v'e <tAd '5oj,ooJ)o{(ars
C 1001' to 5000' .
Unit Price in Words: Twe(v€. I/-lltL "~>jIOt> J)"lla:rs
D
Unit Price in Words: E"leve II QVl.t 5D/,oo Do/la.rs
3 30" Surmountable Curb/Fibers
Unit Price in Words: E" ,.,+ee 11 a",,d 00;'00 bo (I ar 5
4 5" Concrete Sidewalk
Unit Price in Words: Tn.r1l SeoJerJ <l!it4
5 4" Concrete Sidewalk/Fibers
A 0 to 50 S . Yds
Unit Price in Words: "Th,'C+'j .fOlL r a;"d.
B 51 to 100 Sq. Yds.
Unit Price in Words: 1h;d .(?o<J.-r /LAd.. 0&>/'''0 Do lIa.rs
C 101 to 500 Sq. Yds.
Unit Price in Words: 11, ',rt +,,,,,, r (L/\,!.
D 501 to 1000 Sq. Yds. $
Unit Price in Words: Iv-. ;C+ +hree a/\d. OOj,ooJ)clt4rS
PAGE 2 OF BID #3516
UNIT PRICE TOTAL AMOUNT
$ 1~LF $ 15"0
$
/,;I.5E/LF $ 3!:QSO D
$
25: 00
$
I;J.""/LF $
00
60 ()OfJ -
II~/LF $ 51 CooeD
$
00
goo -
$
37o.!? /SY $
cO
3100-
$
$
00
33 -/SY $
I ?:SO
Bidder's Initials L
ANNUAL CONTRACT FOR CONCRETE WORK.
ADDENDUM #2
ITEM DESCRIPTION
QTY
UNIT
6 Concrete Medians Patterned
1
SY $
Unit Price in Words: Sev e.r1- +I~e. "",-4 Ol!>j 100 Po liars
7 Concrete Steps
Unit Price in Words; 1W ell-t t.v'e a."d. 0.1,00 Do 114'(S
8
.UnitPriceinWords: Fo(+ a"L "'0/'00
A Concrete Flumes 6" - 6 Fl. Wide with 6" Curbs
Unit Price in Words: ~/i,r f s; X tl."ct "''1(00 Co Ita...,,"
B Concrete Flumes 6" - 10 Fl. Wide with 6" Curbs
Unit Price in Words: 5,'",+ +h ree a",{
9 Saw Cut (Existin Asphalt)
Unit Price in Words: 0" e Cl"a '1'7,00
10
Unit Price in Words: Th (ee tU\..{, volt" /)
11 Structural Concrete
iP 00
500 CY $ 3'15 -ICY $ 1'1150.9-
+\If€- ci(lJ. 0"/'1'0 botttlfs
A Class A) 5-Sack
Unit Price in Words: Tn fee hu,I\{~l'e&. f\,~et
B
r..ll-dl'eA. 1';, (Ie+'
$
Dbl,oD
C (Class S) 6-Sack
Unit Price in Words: Fol.L( nlLMred .f,ve av'd. DO/,N 00 liars
UNIT PRICE TOTAL AMOUNT
'S~ ISY $
f{C!2.
$
.z;t,!3./SY $
;( 5"0 c!:
$
00 00
</-0 - ISY $ .2.00 000 -
o
;;L5
$
8'lSO.E
$
~"
3- ILF $
co
{ ~15-
()O
3"1'1 - ICY $
b",Ual's
$
12 Concrete for Light Standard Bases
Unit Price in Words: fo /1..( hlL {ldre.4. an.,L
PAGE 3 OF BID #3516
"'"
;;'0 OiPo
Bidder's Initials ~
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
ITEM DESCRIPTION
15
QTY UNIT UNIT PRICE TOTAL AMOUNT
2 EA $ bO~/EA$ q.)o~
191100 DD Ha:,(S
13 Concrete for Traffic Controller Box
Unit Price in Words: Four h....ttt!fed :rilG-/-;
14 Water Service Ad"ustments
Unit Price in Words: -c, 0 htL"Jr-ed +,,#
_ tP
~OO......
WOO
Unit Price in Words: ItVo hr.e. t'ldreA +',.('f-
16 Ring & Cover inlets 24" Locking 124C
Unit Price inWards: Two hlJ--M,ed and.
17A Remove Concrete Pavement
Unit Price in Words: TtVe o-h .Life. <lOrd.
17B Remove Concrete Curb & Gutter
Unit Price in Words: Se (e. (\ a.,,& VD/ '''0
17C Remove Concrete Drivewa & Sidewalk
Unit Price in Words: lWe,..-/- -f-wo
$
,>>.2/SY $
18 Unclassified Excavation
Unit Price inWards: 5e"e"feet1 a.i\d-
,pO
1~D-
~.
19 Com acted Fill/Embankment ,27 - ICY $
Unit Price in Words: TZueo+ SB,fell .and
20 Sod $
Unit Price in Words: E,jh+ a."d. {Jry,,>o
PAGE 4 OF BID #3516
Bidder's Initial~
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
ITEM DESCRIPTION QTY UNIT
21 2" Asphalt Pave (Type D Patch Material) 500 SY $
A Otol00S .Yds. 1000 SY $
Unit Price in Words: SeveVl teeVl <<-"'-d '5"01/80:0 D tlar s
22 4" Concrete Flatwork ColoredlTextured
A 0 to 100 S . Yds
Unit Price in Words: :::)evt'l\+ ol\e a",d. 0'1'00 Colla:fS
B 101 to 500 Sq. Yds.
Unit Price in Words: Seven+ wt'\c( (Jolleo Dollars
C
Unit Price in Words: 5", ~ f; (I. (\ e.. <l;\lt
23 6" Concrete Pavement (Raqius, Etc.) with 3/8" Steel on 18" Centers
. UNIT PRICE TOTAL AMOUNT
11~O ISY $ '>'0.0
/ 'I 'iF ISY$ /1 5'!t)~
$
~::
$
$
foq~SY $
oJ>
A o to 50 S . Yds $ 3/"- ISY $
Unit Price in Words: lh, ~ {- Sly-' 6: ",0-
$ 3600 3 b 00.
B -/SY $
Unit Price in Words: /h""-+' '51)C. ar-&
:::;00
C 101 to 500 S . Yds. $ '3 -/SY $
Unit Price in Words: -F I {-e Il!It d. 601/00 bo tlaJ5
D 500 to 1000 Sq. Yds. $ 34-'!.:? ISY $ '?5: Ol9tJ 0
Unit Price in Words: lh;r+ {OU-f a,f'4,
24
A o to 50 Sq. Yds ~
Unit Price in Words: For-/; one MId
B 51 to 100 Sq. Yds. $ gOO
rO(~ I:>lIe I[.",d.
PAGE 5 OF BID #3516
Bidder's Initials!1tl--
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
ITEM DESCRIPTION
QTY
C 101 to 500 Sq. Yds.
Unit Price in Words: fori
500
a,nd gDj/fJO :Dollars
UNIT UNIT PRICE TOTAL AMOUNT
SY $ (/ fl!!-/SY $ :JC oC .,0
00
A o to 50 S . Yds. 0-
Unit Price in Words: (JO/(tJD :bollars
B $
Unit Price in Words: ~VI.L e%oo
11~/SY $ ;(5500 "
C 101 to 500 S . Yds. $
Unit Price in Words: H, f+ S911el1 tend
25 10" Concrete Pavement (Radius, etc. with 3/8" Steel on 18" Centers
26 12" Concrete Pavement Radius, etc. with 3/8" Steel on 18" Centers
B
A 0 to 50 S . Yds.
Unit Price in Words: 1=;+'+ Sry.. a."d, OfJ/,oo
SJ~ (int! eOI/~o Dolltt.S
C
+'0", ( a.1\-'1.
27 One Sack Concrete Backfill
Unit Price in Words: E " ht atLtL oOiJoo
28 Adjust Manhole and Inlets $
Unit Price in Words: 5'1-' h",-"Jrett cu"",d oej,o 0 j::)", II a.fS
29A T pe A Headwalls (15" to 36" per ipe)
Unit Price in Words: rWV -/-I'D"-51V\.d.
t><Z"
$ cJ. .10& ILS $ :<. c1. 00(9 <>
+0>0 hILo-<.(reJ C>ttl. 00/100 po Ill1.rs
5/,,.,.!2ISY $
[;bo -
&(){}~EA $
t, IJC/!) ~
29B Type A Headwalls (39" to 72" per pipe)
Unit Price in Words: Fou,r tJ.,.ou..~ a.Nt a..uL DO/PO
PAGE 6 OF BID #3516
Bidder's Initials ~
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
30A
lP 00
10 LS $ ~ -/LS $ ZI ~CO -
f-. cUl-ctr e.J. Wu-<L #& / J co b ",U 4/5
30B T pe B Headwalls (39" to 72" er pi e
Unit Price in Words: FocU ..J-h~<-'-6(l.N1
10
~OOL''''7>
If{ 000 ~
el5H
1 $
Unit Price inWards: TIUD<. hGt-Mfed ~ fO/rco "bo[/ttrS
.0
':;00 -NF
:200 f)~
-Mo"--s~
3t; OOOt:!!.
$ /5090
Unit Price in Words: 0" e 'h U-vt& r ed -f.-r bo II a r5
co cO
32C 4' xA Junction Box 0' to 6' Depth EA $ 11{X)-/EA Of!)()
Unit Price in Words: D1e +i'\.oILSIir'ld sell e I'l hu.-ub-ed a.,...d IYO/'Ot) 'Pc> tLa.r5
j-"u.-Mr-ed +t,<JM-h
I~t)o
32E 6' x 6' Junction Box (0' to 6' De th)
Unit Price in Words: One +It 6 U SMd.
10
(I"MP IW.t\d re.tL
,pO
otJO -
32F Extra Depth
Unit Price in Words: 01\<< /I<<.I'-cl. re.t:I .{';.[f,
ISO p~
33A 5' Inlet (0' to 6' De th)
Unit Price in Words: On e #0 "-5 a..v0
/!)O
/3 f.,{)(!)-
33B Extra Depth
Unit Price in Words:
00
Dne hlLV\d.re.cL C/.II.tL
PAGE 7 OF BID #3516
Bidder's InitialL
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
ITEM DESCRIPTION
QTY
UNIT
UNITPRICE TOTAL AMOUNT
.;( W..,o/EA 00 D!
DDII4r-S
33C 8' Inlet O' to 6' Depth 8
Unit Price in Words: Two +f,.OlLS.....tL "ne h-u-n4red
EA $
,;v,.tl D()/ "JO
330 Extra Depth 1
Unit Price in Words: One hu,Nire-c! ..(?,~ tU<.tt Wi//oo
~OD!
Unit Price in Words: One. h""",trd
1
seve-~+~ +,"~
$ ';;300~EA $
wI/eo D.llars
Do
$ 115-NF$
00(100 Del[ars
OOf!/'-
10
t-h te.e ~~cL a,...d..
'is-if!.
8
Unit Price in Words: TW 0 +r-.otLs.uui SI y:.. h cu,?lred..
t)O 0
EA $ cZ&:,OO lEA $ ;J(J goo~-
cv.c.d- 00/100 Do Uars .
33H Extra Depth
Unit Price in Words: -rz;; 0 h c..Lj/\ J red
$
~NF$
botlll.rS
:l;l~O~
hcJ. ".:lred -.f,{i-~
1 VF $
~ ""/Ieo bolLars
$ t./-tfOtl1EA
~ /NYlot> D9' (arS
,,0 .,0
3goD/EA 33 om-
fN/It)O bo liars
,,0
cJ5/) -NF
;25l)
+vtre<?
~/ .0
.=b. OloO
340 Extra Depth
Unit Price in Words: 1hre" hu.l\tlretl tLM WI,oD
3cot'O
35 Recessed inlet
B 12' Recessed Inlet $
Unit Price in Words: Tw" +"OtL~a.--d. e, t-+ ~t.tAtlreJ. Ci.<...d..
/ !:. 10&0 0';.
A 10' Recessed Inlet
Unit Price in Words: ''''' 0 -I-h 0'-' 5 ~ 5. Y
~.
0-:-
36 "Y" Inlet Includes Apron, Ring & Cover) 8 EA
Unit Price In Words: On..e. +/-0"-5 v-d. e I . IJ- hu.Ntred -f,.{4,
qoO""
PAGE 8 OF BID #3516
Bidder's Initials L
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
ITEM DESCRIPTION
UNIT PRICE
37 Rebuilt Inlet Remove and Replace To
C 8' Inlet
Unit Price in Words: Dl\e +hm.<-S/W.& tW.d..
$
q of) rg/EA $
0<>
tJtJtJ -
A .4' Inlet
Unit Price in Words: M~e hUnd red M\t!
B 6' Inlet
Unit Price in Words: II t ~e 1\t.L1ld- I'd a....J-
$
(J(J/IO't) 'bottaI' 5
.t:. oo&<e
D 10' Inlet 1 EA $
Unit Price in Words: {Jr.€- fh..,v.-5~ -hoo At4v:tred aNI. OD/IDD
. l :)(;O~
38 Barricades, Warnin Signs & Detours
Unit Price in Words: Two hU-f\etred. el
39 Tel Wheel Chair Ram (All with ADA Brick Inserts
A
5' Tel Wheel Chair Ram
UnitPrice in Words: One +~\ o U.SIl. 0'\ &.
1
+1 ve- a....ci
D
4' T pe I Wheel Chair Ram
Unit Price in Words: Mr.e hu.-Mre.d
EA $ IO~EA $ te
oOf,oo Do liars
~ tP . pO
1:020 -lEA $ / 3~0-
.(J.,,,,,t/.- ~f>/({)O Po ll~r5
eO
$ 1'f70iEA $
a.....d. V%oo po tl.a.rs
1tJO"!./EA $
B
C
CULd.
40 Tell Wheel Chair Ram All with ADA Brick Inserts
B 8' Tell Wheel Chair Ram
Unit Price in Words: TWD+h DlL5tud
A 5' Tell Wheel Chair Ramp
Unit Price in Words: -riVo -&t.LSo.,v..d.
PAGE 9 OF BID #3516
Bidder's Initials 4-
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
ITEM DESCRIPTION
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
$ c2g5D~EA $ :l g<;l)"~
o{;"" b" IIaJ5
C 10' Tell Wheel Chair Ram
Unit Price in Words: TWo -IADlLsMv1
D 4' Type II Wheel Chair Ramp
Unit Price in Words: Dt'\€. +l-.~~ el kt
- 0
goo "-
41 T e III Wheel Chair Ram All with ADA Brick Inserts
A 5' T pe III Wheel Chair Ramp
Unit Price in Words: Tw D -/-h,D l.L5 tJM.d
1
Tb.Je".+'j-f.....e
d. O"J.~~
D 4' T pe III Wheel Chair Ramp
Unit Price in Words: Dl/le +~Dl.LSO-M.tt e lj'''+
"-"c.l
EA $ :(5'00 D't/EA $ ;) 500 <>!!-
~ ~~" bol/tlr5
$ :liSf)~/EA $ 01 g5ZJ~
a.w eD/fOO Do tla.rs
18oo.9!!-/EA $ / 8()()"l.-
D"/IDO DDIIa.r-;;
B 8' T e III Wheel Chair Ram
Unit Price in Words: "(.V 0 #"tJ-Sa.u:! .c;I(e- ~vtttl'ed
C 1
Unit Price in Words: TlVoth ot)."Mt.tt el' ~I+ V-c.l.v\.J. red
. ~s-
TOTAL $ c:<) 1;;).9) ,;(33. -
AWARD OF THIS BID WILL BE BASED ON BIDS OF TOTAL ESTIMATED QUANTITIES
Shipment can be made in _ days from receipt of order.
'Prices shall be bid F.O.B. Denton
"In case of calculation error, unit pricing shall prevail.
1teLJPO ~
Date .
F~jd ~(\1'I+c.. tonMe:/-{? Tne...
Company Name
PAGE 10 OF BID #3516
Bidder's Initials r11--
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #2
NO OTHER CHANGES AT THIS TIME.
This form shal/be signed and returned with your bid.
N.~, FI~
Signature: J
Company' - fI
'. . F\<l)~tl $"",-tJ-,. \...:.lMMe-~<:. .
TItle: P"d +-
(<'-51 eVl.
Date: '71 ~I 0 b
PAGE 11 OF BID #3516
ANNUAL CONTRACT FOR
CONCRETE WORK
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening,
The undersigned affirms he has familiarized himself with the local conditions under which the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and
that the contents of this bid have not been communicated to any other bidder or to any employee
of the City of Denton prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws ofthe United States, 15 USCA Section 1 et sea., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01, et sea.
The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMPANY:
F"lo~A :?m~fJ., (Jonetefe IYl~
/.0. fJo'X. 11 g I .
'Defl+VII, T'JC- 'lfo,ftJ:L
AUTHORIZED REP~rHENT ATIVE:
Signature ~~
Date 1/ t.'/ () &,
Name PI () ~d 5ml~
Title f(e~;d el1+
Fax No. q If () - 51oS" - tJ 1/ 'I
Email.
Tel. No. q t./o - 5/05"- f) 1/ t./
COMPANY IS:
Business included in a Corporate Income Tax Return? ./ YES NO
./ Corporation organized & existing under the laws of the State of T e )C.a. 5
Partnership consisting of
Individual trading as
Principal offices are in the city of
PAGE 11 OF BID #3516
Bidder's Inilial~
. Purchasing Department
901-8 Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
ADDENDUM #1
Bid #3516
Annual Contract For
Concrete Work
BIDS DUE: July 6, 2006
2:00 P.M.
Bid submitted by:
Company Name
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
ADDENDUM #1
Addendum #1 to be returned with Bid Proposal
The following are changes to the bid specifications:
The attached pages 2 - 10 replace the original Bid Tabulation pages.
PAGE 1 OF BID #3516
. Bidder's Initials
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
ITEM DESCRIPTION
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
1 Dowel-On Integral (With One 3/8" Steel Bar)
Unit Price in Words:
LF $
ILF $
2 Concrete Curb & Gutter (With One 3/8" Steel Bar
$
ILF $
A 0' to 250'
Unit Price in Words:
B 251'to 1000'
ILF $
Unit Price in Words:
C 1001'to 5000'
Unit Price in Words:
$
ILF $
D
ILF $
Unit Price in Words:
3 30" Sunnountable Curb/Fibers
Unit Price in Words:
$
ILF $
4
$
ISY $
Unit Price in Words:
5 4" Concrete Sidewalk/Fibers
$
ISY $
A 0 to 50 S . Yds
Unit Price in Words:
B
$
ISY $
Unit Price in Words:
C 101 to 500 Sq. Yds.
Unit Price in Words:
$
ISY $
D 501 to 1000 S . Yds.
$
ISY $
Unit Price in Words:
PAGE 2 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT
6 . Concrete Medians Patterned 1 SY $ ISY $
Unit Price in Words:
7 Concrete Ste s $ ISY $
Unit Price in Words:
8 e Flumes 6" ISY $
Unit Price in Words:
A Concrete Flumes 6" - 6 Fl. Wide with 6" Curbs ILF $
Unit Price in Words:
B Concrete Flumes 6" - 10 Fl. Wide with 6" Curbs $ ILF $
Unit Price in Words:
9 Saw Cut (Existing As halt) ILF $
Unit Price in Words:
10 $ ILF $
11 Structural Concrete
A (Class A 5-Sack $ ICY $
Unit Price in Words:
B (Class C) 5 1/2-Sack $ ICY $
Unit Price in Words:
C Class S) 6-Sack $ ICY $
Unit Price in Words:
12 Concrete for Light Standard Bases $ ICY $
Unit Price in Words:
PAGE 3 OF BID #3516
Bidder's Initiais
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
ITEM DESCRIPTION
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
13 Concrete for Traffic Controller Box
Unit Price in Words:
2
EA $
lEA $
14 Water Service Adjustments
Unit Price in Words:
lEA $
15
$
lEA $
Unit Price in Words:
16 Ring & Cover Inlets 24" Locking 124C
Unit Price in Words:
$
lEA $
17 A Remove Concrete Pavement
Unit Price in Words:
$
ISY $
17B .Remove Concrete Curb & Gutter
Unit Price in Words:
$
ILF $
17C Remove Concrete Drivewa & Sidewalk
UnilPrice in Words:
$
ISY $
18 Unclassified Excavation
Unit Price in Words:
$
ICY $
19 Compacted Fiil/Embankment
Unit Price in Words:
$
ICY $
20 Sod
$
ISY $
Unit Price in Words:
PAGE 4 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
ITEM DESCRIPTION
21 2" Asphalt Pave (Type D Patch Material)
A Ot0100S .Yds.
Unit Price in Words:
22 4" Concrete Flatwork Coloredffexlured
A o to 100 S . Yds
Unit Price in Words:
B
Unit Price in Words:
C
Unit Price in Words:
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
500
SY $
SY $
/SY $
/SY $
1000
$
/SY $
$
/SY $
$
/SY $
23 6" Concrete Pavement (Radius. Etc. with 3/8" Steei on 18" Centers
A 0 to 50 S . Yds
UnilPrice in Words:
$
/SY $
B
/SY $
Unit Price in Words:
C
/SY $
Unit Price in Words:
D 500 to 1000 Sq. Yds.
Unit Price in Words:
/SY $
24 8" Concrete Pavement (Radius, Etc.) with 3/8" Steel on 18" Centers
A 0 to 50 Sq. Yds
Unit Price in Words:
$
/SY $
B 51 to 100 Sq. Yds.
$
/SY $
PAGE 5 OF BID #3516
Bidder's Initiais
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT
C 101 to 500 S . Yds. 500 SY $ ISY $
Unit Price in Words:
25
A o to 50 S . Yds. $ ISY $
Unit Price in Words:
B ISY $
Unit Price in Words:
C 101 to 500 S . Yds. ISY $
Unit Price in Words:
26
A o to 50 S . Yds. $ ISY $
Unit Price in Words:
B $ ISY $
Unit Price in Words:
C 101 to 500 S . Yds. $ ISY $
Unit Price in Words:
27 One Sack Concrete Backfill $ ICY $
Unit Price in Words:
28 Adjust Manhole and Inlets $ lEA $
Unit Price in Words:
29A T e A Headwalls (15" to 36" per pi e) $ ILS $
Unit Price in Words:
29B T pe A Headwalls (39" to 72" per pipe) $ ILS $
Unit Price in Words:
PAGE 6 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
30A
15" to 36" per i e)
10
LS $
ILS $
Unit Price in Words:
30B T e B Headwalls (39" to 72"
Unit Price in Words:
$
ILS $
$ lEA $
Unit Price in Words:
$ NF
Unit Price in Words:
lEA
Unit Price in Words:
$ NF
Unit Price in Words:
$ lEA
Unit Price in Words:
$ NF
Unit Price in Words:
32E 6' x 6' Junction Box (0' to 6' De th) $ lEA
Unit Price in Words:
$ NF
Unit Price in Words:
33A 5' Inlet (0' to 6' Depth) $ lEA
Unit Price in Words:
33B Extra Depth $ NF
Unit Price in Words:
PAGE 7 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
^
ITEM DESCRIPTION
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
33C
.Unit Price in Words:
8
EA $
lEA
33D Extra Depth
Unit Price in Words:
$
NF $
$ lEA $
Unit Price in Words:
$ NF $
Unit Price in Words:
$ lEA $
Unit Price in Words:
NF $
Unit Price in Words:
lEA
Unit Price in Words:
NF
Unit Price in Words:
34C 20' inlet (0' to 6' De th) $ lEA
Unit Price in Words:
34D Extra Depth $ NF
Unit Price in Words:
35 Recessed Inlet
A 10' Recessed inlet $ lEA
Unit Price in Words:
B 12' Recessed Iniet $ lEA
Unit Price in Words:
PAGE 8 OF BID #3516
Bidder's Initials
-~
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT
36 "Y" Inlet Includes Apron, Ring & Cover) 8 EA $ lEA $
Unit Price in Words:
37 Rebuilt Inlet (Remove and Replace Top)
A 4' Inlet lEA $
Unit Price in Words:
B 6' Inlet $ lEA $
Unit Price in Words:
C 8'1nlet lEA $
Unit Price in Words:
D 10' Inlet $ lEA $
Unit Price in Words:
38 Barricades, Waming Signs & Detours ILS $
Unit Price in Words:
39 Dowel-On Integral Curb ILF $
Unit Price in Words:
40 Wheel Chair Ramp All with ADA Brick Inserts
A DELETED
B Wheel Chair Ramp Flair lEA $
Unit Price in Words:
C Wheel Chair Ramp Special $ lEA $
Unit Price in Words:
41 T e I Wheel Chair Ramp (All with ADA Brick Inserts)
A 5'T e I Wheel Chair Ram $ lEA $
Unit Price in Words:
PAGE 9 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
ITEM DESCRIPTION
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
B S'T e I Wheel Chair Ram
Unit Pnce in Words:
1
EA $
lEA $
C 10' Type I Wheei Chair Ramp
Unit Pnce in Words:
$
lEA $
42 Tell Wheel Chair Ram All with ADA Bnck Inserts
A S' Tell Wheel Chair Ram
Unit Pnce in Words:
$
lEA $
B S'T e II Wheel Chair Ram
Unit Pnce in Words:
C 10' T pe II Wheel Chair Ramp
Unit Pnce in Words:
43 T e III Wheel Chair Ram
A S'T e III Wheel Chair Ram
Unit?nce in Words:
B S'T e III Wheel Chair Ram
Unit Pnce in Words:
lEA $
lEA $
$
lEA $
$
lEA $
C
$
lEA $
Unit Pnce in Words:
TOTAL $
AWARD OF THIS BID WILL BE BASED ON BIDS OF TOTAL ESTIMATED QUANTITIES
Shipment can be made in _ days from receipt of order.
'Prices shall be bid F.O.B. Denton
"In case of calculation error, unit pricing shall prevail.
Date
Signature of Authorized Representative
Company Name
PAGE 10 OF BID #3516
Bidder's Initials
.
ANNUAL CONTRACT FOR CONCRETE WORK
ADDENDUM #1
NO OTHER CHANGES AT THIS TIME.
This form shall be signed and returned with your bid.
Name:
Signature:
Company:
Title:
Date:
FJ~d 5~,~
~ ~y Wi
Flo <j tt 5 ~~, ~re-+e r flL'- .
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PAGE 11 OF BID #3516
.
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Purchasing Department
901-8 Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
Bid #3516
Annual Contract For
Concrete Work
BIDS DUE: July 6, 2006
2:00 P.M.
Bid submitted by:
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Company Name
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TABLE OF CONTENTS
NOTICE TO BIDDERS .............................................................................................................. 1
PROPOSAL FORMS ......................................................................................................... 2 -11
BID INSTRUCTIONS AND CONDITIONS........................................................................ 12 _ 20
OPENING DATE, TIME,PROCEDURES, CONTACTS....:.:........;................................ 12"
GENERAL CONDITIONS.......................................................................................13 -14
DELIVERY REQUiREMENTS............ ......... ................ ...... ......... ........... ......... ............... 15
EVALUATION CRITERIA.............................................................................................. 15
SPECIAL TERMS AND CONDITIONS .........................................................................17
DISADVANTAGED BUSINESS ENTERPRISES ....................................................................19
VENDOR REFERENCES ....................................:....................k.............................................20
TECHNICAL SPECIFICATIONS ..............................:,........~............................................ 21 _ 54
CERTIFiCATION AFFIDAVIT ................................................................................21 _ 23
BID BOND ..................... ... ....... ........ ...... ......................................................... ............... 24
SUMMARY OF CONTRACT CONDITIONS.................................................................. 25
SPECIAL CONTRACT DEFINITIONS .......................................................................... 26
SUPPLEMENTARY CONDITIONS ....................................................................... 27 _ 49
LABOR STANDARDS AND SCHEDULE OF APPLICABLE WAGE RATE ...........50 _ 54
APPENDIX A ........................................................................................................................... 55
~~~, . .'-
SAFETY RECORD QUESTIONNAIRE ............................................................. 56 _ 58
SAMPi"ECONTRAC'fAGREEMENT .................................................................... 59 _ 61
- ". .
PERFORMANCE & PAYMENT BONDS................................................................ 62 _ 65
INSURANCE REQUIREMENTS ............................................................................66 _ 73
CONFLICT OF INTEREST QUESTIONNAIRE...................................................... 74 -75
This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the
bid package. Bidders are responsible for reading the entire bid package and complying with all
specifications.
ANNUAL CONTRACT FOR
CONCRETE WORK
NOTICE TO BIDDERS
Sealed proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton,
TX 76209 will be received at the office of the Purchasing Agent until 2:00 P.M., July 6, 2006 for the
purchase of construction services as follows per bid instructions and specifications:
BID #3516 - Annual Contract for Concrete Work
The bids will be publicly opened and read. Bids received later than the specified time and date will be
returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council
as soon thereafter as possible.
All bid proposals, as well as Payment and Performance Bonds, must be made on the printed document
forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted
within sixty (60) days from and after the date of the bid opening.
Qualified prospective bidders may obtain copies of the bid invitation with information to bidders, bid
proposals, plans and/or specifications at the Office of the Purchasing Agent, located at 901-B Texas Street,
Denton, Texas, at the Service Center Complex.
Each bid must be accompanied by a cashier's check, certified check or acceptable bid bond payable
without recourse to the City of Denton, Texas In the amount not less than $5,000 of the bid
submitted as a guarantee that the bidder will enter into a contract and execute any required bonds,
and Insurance certificate, within ten (10) days after the notification of the award of the contract to
the bidder.
No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in any contract
with the City of Denton.
Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton,
Texas projects.
CITY OF DENTON
Purchasing Department
901-B Texas Street
Denton, TX 76209
c/o Tom Shaw
Purchasing Agent
PAGE 1 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT
1 Dowel-On Integral (With Fibers 1 LF $ /LF $
Unit Price in Words:
2
A 0' to 250' $ /LF $
Unit Price in Words:
B 251'to 1000' $ /LF $
Unit Price in Words:
C 1001' to 5000' $ /LF $
Unit Price in Words:
D $ /LF $
Unit Price in Words:
3 30" Surmountable Curb/Fibers /LF $
Unit Price in Words:
4 $ /SY $
Unit Price in Words:
5 4" Concrete Sidewalk/Fibers
A o to 50 S . Yds $ /SY $
Unit Price in Words:
B $ /SY $
Unit Price in Words:
C 101 to 500 S . Yds. $ /SY $
Unit Price in Words:
b 501 to 1000S . Yds. $ /SY $ b--'"
Unit Price in Words:
if
~e<t ~~~
PAGE 2 OF BID #3516 Bidder's Initials
ANNUAL CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT
6 Concrete Medians Patterned 1 SY $ ISY $
, Unit Price in Words:
7 Concrete Ste s $ ISY $
Unit Price in Words:
8 $ ISY $
Unit Price in Words:
A Concrete Flumes 6" - 6 Ft. Wide with 6" Curbs $ ILF $
Unit Price in Words:
B Concrete Flumes 6" - 10Ft. Wide with 6" Curbs ILF $
Unit Price In Words:
9 ILF $
Unit Price in Words:
10 $ ILF $
Unit Price in Words:
11 Structural Concrete
A Class A) 5-Sack $ ICY $
Unit Price in Words:
B $ ICY $
Unit Price in Words:
C $ ICY $
Unit Price in Words:
12 Concrete for Light Standard Bases $ ICY $
Unit Price in Words:
PAGE 3 OF BID #3516
Bidder's Inilials
ANNUAL CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
13 Concrete for Traffic Controller Box
Unit Price in Words:
2
EA $
lEA $
14 Water Service Ad'ustments
Unit Price in Words:
$
lEA $
15
$
lEA $
Unit Price in Words:
TOTAL $
$
AWARD OF ITEMS 1 THROUGH 15 WILL BE BASED ON BIDS OF ESTIMATED QUANTITIES
16 Ring & Cover Inlets 24" Lockln
Unit Price in Words:
$
lEA $
17A Remove Concrete Pavement
Unit Price in Words:
ISY $
17B Remove Concrete Curb & Gutter
Unit Price in Words:
$
ILF $
17C Remove Concrete Drivewa & Sidewaik
Unit Price in Words:
ISY $
18 Unclassified Excavation
Unit Price in Words:
ICY $
19 Com acted FiIIlEmbankment
Unit Price In Words:
$
ICY $
Unit Price in Words:
$
ISY $
20 Sod
PAGE 4 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT
21 2" As halt Pave (Type D Patch Material) 500 SY $ ISY $
A 101 to 100 S . Yds. 1000 SY $ ISY $
Unit Price in Words:
22 4" Concrete Flatwork ColoredlTextured
A Oto 100 S . Yds ISY $
Unit Price in Words:
B 101 to 500 S . Yds. $ ISY $
Unit Price in Words:
..... _, fA
C $ ISY $
Unit Price in Words:
23 6" Concrete Pavement
A o to 50 S . Yds $ ISY $
Unit Price in Words:
B ISY $
Unit Price in Words:
C 101 to 500 S . Yds. ISY $
Unit Price in Words:
D 500 to 1000 S . Yds. ISY $
Unit Price in Words:
24 8" Concrete Pavement Radius, Etc.) with Fibers
A o to 50 Sq. Yds $ ISY $
Unit Price in Words:
B 51 to 100 Sq. Yds. $ ISY $
PAGE 5 OF BID #3516
Bidder's I nilials
ANNUAL CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION
QTY
UNIT
UNIT PRICE TOTAL AMOUNT
C 101 to 500 S . Yds.
Unit Price in Words:
500
SY $
ISY $
25 10" Concrete Pavement Radius, etc. with Fibers
A 0 to 50 S . Yds.
Unit Price in Words:
$
ISY $
B
$
ISY $
Unit Price in Words:
C 101 to 500 S . Yds.
Unit Price in Words:
$
ISY $
26 12" Concrete Pavement Radius, etc. with Fibers
A 0 to 50 S . Yds.
Unit Price in Words:
$
ISY $
B
ISY $
Unit Price in Words:
C 101 to 500 S . Yds.
Unit Price in Words:
$
ISY $
27 One Sack Concrete Backfill
Unit Price in Words:
$
ICY $
28 Ad'ust Manhole and Inlets
Unit Price in Words:
$
lEA $
Unit Price in Words:
$
ILS $
29B TeA Headwalls (39" to 72" er pipe)
Unit Price in Words:
$
ILS $
PAGE 6 OF BID #3516
Bidder's Initiais
ANNUAL CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT
30A T e B Headwalls 10 LS $ IL $
Unit Price in Words:
IL $
Unit Price in Words:
IE $
Unit Price in Words:
NF
. Unit Price in Words:
$ lEA
Unit Price in Words:
$ NF
Unit Price in Words:
$ lEA
Unit Price in Words:
$ NF
Unit Price in Words:
lEA
Unit Price in Words:
32F Extra Depth NF
Unit Price in Words:
$ lEA
Unit Price in Words:
33B Extra Depth $ NF
Unit Price in Words:
PAGE 7 OF BID #3516
Bidder's Initials
ANNUAl CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION QTY UNIT UNIT PRICE
33C 8 EA $ lEA
Unit Price in Words:
330 Extra Depth $ N$
Unit Price in Words:
I $
Unn Price in Words:
$ N$
Unit Price in Words;
$ I $
Unit Price in Words:
$ lEA
Unit Price in Words;
NF
Unit Price in Words:
$ lEA
Unit Price in Words:
$ NF
Unit Price in Words:
35 Recessed Inlet
A 10' Recessed Inlet lEA
Unit Price in Words;
B 12' Recessed Inlet $ lEA
Unit Price in Words:
PAGE 8 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT
36 "Y" Inlet Includes A ron, Rin 8 EA $ IE $
Unit Price in Words:
37 Rebuilt Inlet Remove and Replace Top)
A 4'Inlet $ IE $
Unit Price in Words:
B 6' Inlet $ IE $
Unit Price in Words:
C 8' Inlet $ IE $
Unit Price in Words:
D 10' Inlet $ I $
Unit Price in Words:
38 Barricades, Warning Signs & Detours $ IL $
Unit Price in Words:
39 Dowel-On Inte ral Curb IL $
Unit Price in Words:
40 Wheel Chair Ram
A Wheel Chair Ram All with ADA Brick Inserts $ IE $
Unit Price in Words:
B Wheel Chair Ram Flair IE $
Unit Price in Words:
C Wheei Chair Ram S ecial IE $
Unit Price in Words:
41 T pe I Wheel Chair Ramp (All with Brick Inserts)
A 5' T pe I Wheel Chair Ram $ IE $
Unit Price in Words:
PAGE 9 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR
CONCRETE WORK
ITEM DESCRIPTION
B 8'T e I Wheel Chair Ram
Unit Price in Words;
C
Unit Price in Words:
42 T e II Wheel Chair Ram All with Brick Inserts)
A S'T e II Wheel Chair Ram
Unit Price in Words:
B 8' T pe II Wheel Chair Ram
Unit Price in Words:
QTY UNIT UNIT PRICE TOTAL AMOUNT
1 EA $ IE$
IE $
$
I $
I $
C
$
I $
Unit Price in Words:
43 T e III Wheel Chair Ram All with Brick Inserts
Unit Price in Words:
$
I $
Unit Price in Words;
$
IE $
A S'T e IIi Wheel Chair Ram
B 8' T e III Wheel Chair Ram
Unit Price in Words:
$
I $
C
$
IE $
Unit Price In Words:
Shipment can be made In _ days from receipt of order.
'Prices shall be bid F.O.B. Denton
"In case of calculation error, unit pricing shall prevail.
Date
Signature of Authorized Representative
Company Name
PAGE 10 OF BID #3516
Bidder's Initials
ANNUAL CONTRACT FOR
CONCRETE WORK
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and
that the contents of this bid have not been communicated to any other bidder or to any employee
of the City of Denton prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01, et sea.
The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMPANY:
FI OJ r1 ;? m ;-/1-, (J one fet-e In L
/o.ljoK /fJf:/
'De fl+VIl, 1'J{.. 1(P,Jo;L
AUTHORIZED REPRESENTATIVE:
Signature
Date 1/ (pI 0 &,
. , .
Name Flo~d 5ml-l--t.-..
Title Ire~;d en +
Fax No. Cfi.f() ~ 5~S-~ t!1 1/'1
Email.
. Tel. No. qtf.o- !J(o<;" -,,"4-
COMPANY IS:
Business included in a Corporate Income Tax Return? ./' YES NO
./ Corporation organized & existing under the laws of the State of T e )(.a S
Partnership consisting of
Individual trading as
Principal offices are in the city of
~j
W"'I:/Y
I
PAGE 11 OF BID #3516
Bidder's InitialY
ANNUAL CONTRACT FOR
CONCRETE WORK
COMPLETE SeT OF ORIGINAL AND ONE (1) COpy OF EXECUTED BID PROPOSAL
MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-B TEXAS ST, DENTON, TX 76209
ON OR BEFORE JULY 6, 2006 AT 2:00 P.M.
QUESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFICE FIVE
(5) WORKING DAYS PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE WILL NOT BE
CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED.
All questions regarding the bid and purchasing process should be directed to:
TOM SHAW, PURCHASING AGENT Email: Tom.Shaw@cityofdenton.com
Phone: (940) 349-7100 Fax: (940) 349-7302
Directions to the Purchasing Department can be accessed at www.dentonpurchasinQ.com
(Click on "Directions to our Office")
All bids, includinQ a "NO BID". are due in the PurchasinQ Department bv the due date, in
sealed envelopes or boxes. All bids must be clearly marked with the name of the Company
submitting the bid, the Bid Number and Date and Time of opening on the outside of the
envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original
signatures. All proposal pages must be initialed or signed where indicated. All bids will be
publicly opened at the date and time listed above or as soon thereafter as practical. The City of
Denton does not accept faxed bids.
Anv bid received after the date and/or hour set for bid openinQ will be returned unopened.
If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible
for actual delivery of the bid to the Purchasing Department before the advertised date and hourfor
opening of bids. If mail is delayed either in the postal service or in the internal mail system of the
City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be
considered and will be returned unopened.
Bids may be withdrawn at any time prior to the official opening. Alterations made before opening
time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give
information on the contents of this bid with the City of Denton or its representatives prior to award
shall be grounds for disqualification. After the official opening, bids become the property of the
City of Denton and may not be amended, altered or withdrawn withoutthe recommendation ofthe
Purchasing Agent. The approval of the City Council is required for public works projects.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any
submitted article deviating from the specifications must be identified and have full descriptive data
accompanying same, or it will not be considered. Submitted bids shall remain in force for a ninety
(90) day period after opening or until award is made; whichever comes first. In case of default
after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor
liable for any and all resultant increased costs as a penalty for such default. The City of Denton
will award the bid to the lowest responsible bidder while complying with all current state and local
laws.
The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be
included in this bid. IlIII
PAGE12 OF BID #3516 Bidder's Initials 'JJ../l-
ANNUAL CONTRACT FOR
CONCRETE WORK
The City of Denton is requesting bids for ANNUAL CONTRACT FOR CONCRETE WORK. The
City will only accept new products and will reject proposals for used or remanufactured goods. All
bids must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all items.
All bids shall specify terms and conditions of payment, which will be considered as part of, but not
control, the award of bid. City review, inspection, and processing procedures ordinarily require
thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before
thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be
considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing
procedures can be completed as specified.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E
McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment
on completed orders within thirty days after receipt of invoice or items; whichever is later, unless
unusual circumstances arise. Invoices must be fully documented as to labor, materials, and
equipment provided, if applicable, and must reference the City of Denton Purchase Order
Number in order to be processed. No payments shall be made on invoices not listing a
Purchase Order Number.
Continuina non-performance of the vendor in terms of Specifications shall be a basis for the
termination of the contract by the City. The City shall not pay for work, equipment, or supplies that
are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct
the deficiencies. This, however, shall in no way be construed as negating the basis for non-
performance termination.
The contract mav be terminated by the City upon written thirty (30) days notice prior to
cancellation.
Bids will be considered irregular if they show any omissions, alteration of form, additions or
conditions not called for, or irregularities of any kind. However, the City of Denton reserves the
right to waive any irregularities.
The City of Denton reserves the right to accept or reject in part or in whole any bids submitted,
and to waive any technicalities for the best interest of the City. Bids may be rejected, among other
reasons, for any of the following specific reasons:
1. Bids containing any irregularities.
2. Unbalanced value of any items.
3. Bid price cannot be determined based upon information provided, Le. missing
freight charges, or other fees.
PAGE 13 OF BID #3516
Bidder's Initials L
ANNUAL CONTRACT FOR
CONCRETE WORK
Bidders may be disqualified and their bids not considered for any of the following reasons:
1 . Collusion exists among the Bidders.
2. Reasonable grounds for believing that any Bidder is interested in more than one Bid
for the work contemplated.
3. The Bidder being interested in any litigation against the City.
4. The Bidder being in arrears on any existing contract or having defaulted on a
previous contract. .
5. Lack of competency as revealed by a financial statement, experience and
equipment, questionnaires, etc.
6. Uncompleted work, which in the judgment of the City, will prevent or hinder the
prompt completion of additional work, if awarded.
7. Any other unresolved issues with the City.
Due care and diligence has been used in preparation of this information, and it is believed to be
substantially correct. However, the responsibility for determining the full extent of the exposure
and the verification of all information presented herein shall rest solely with the proposer. The City
of Denton and its representatives will not be responsible for any errors or omissions in these
specifications, nor for the failure on the part of the proposer to determine the full extent of the
exposures.
The successful bidder may not assign their rights and duties under an award without the written
consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the
event of default by the assignee.
Prices shall include all charges for freight, or any other applicable charges, F.G.B. inside to
specified delivery location or:
Central Receiving
City of Denton Warehouse
901 B Texas Street
Denton, Texas 76209
Hours of operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding
City of Denton holidays.
Delivery date is important to the City and may be required to be a part of each bid. The City of
Denton considers delivery time to be that period elapsing from the time the individual order is
placed until that order is received by the City at the specified delivery location. The delivery date
indicates a guaranteed delivery to the City of Denton, Texas. Failure of the bidder to meet
guaranteed delivery dates or service performance could affect future City orders.
The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated.
If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City
reserves the right to cancel the order without liability on its part.
PAGE 14 OF BID #3516
Bidder's Initials L
ANNUAL CONTRACT FOR
CONCRETE WORK
Evaluation criteria shall include, but is not limited to the following:
a. Lowest responsible bidder meeting specification
b. Delivery
c. Vendor's past performance record with the City of Denton
d. City of Denton's evaluation of vendor's ability to perform
e. City of Denton's experience with products bid
f. Special needs and requirements of the City of Denton
Award
The City reserves the right to award by line item, section, or by entire bid; whichever is most
advantageous to the City, unless denied by the bidder.
Quantities indicated on the Bid Proposal Forms are estimates based upon the best available
information. The City reserves the right to increase or decrease the quantities to meet its actual
needs without any adjustments in the bid price. Individual purchase orders will be issued on an as
needed basis.
Any cataloa. brand name or manufacturer's reference used is considered to be descriptive __
not restrictive -- and is indicative of the type and quality the City desires to purchase. Bids on
similar items of like quality may be considered if the bid is noted and fully descriptive brochures
are enclosed. If notation of substitution is not made, it is assumed vendor is bidding exact item
specified. Successful vendor will not be allowed to make unauthorized substitutions after award.
A packina list shall accompany each shipment and shall show:
City of Denton Purchase Order Number
Name and address of Vendor
Name and address of receiving department
Description of material shipped, including item numbers, quantity, etc.
Inspection and Acceptance
The City of Denton may reject and refuse any delivery, which falls below the quality designated in
the specifications. The cost of return and/or replacement will be at the vendor's expense.
Contracts & Bonds
The successful awarded vendor will be required to sign the original contract and. submit
performance and payment bonds before work is to commence.
Each proposal must be accompanied by a cashier's check, certified check or acceptable proposal
bond payable without recourse to the City of Denton, Texas in the amount not less than $5,000
submitted as a guarantee that the proposer will enter into a contract and execute any required
bonds, and insurance certificate, within ten (10) days after the notification of the award of the
contract to the proposer. All bids received without the above will be rejected and considered non-
responsive.
PAGE 15 OF BID #3516
Bidder's InitialsL
ANNUAL CONTRACT FOR
CONCRETE WORK
SPECIAL TERMS AND CONDITIONS
Contract Terms
Successful vendor(s) will be awarded a twelve (12) month contract, effective from date of award or
notice to proceed as determined by the City of Denton Purchasing Department. At the City of
Denton's option and approval by the vendor, the contract may be renewed for additional one (1)
year periods, as further explained in Renewal Options.
Renewal Options
The City of Denton reserves the right to exercise an option to renew the contract of the vendor for
additional one (1) year periods, provided such option is stipulated in the Special Conditions and
agreed upon in writing by both parties. If the City exercises the right in writing, the Bidder shall
update and submit any legal documents required during the initial solicitation by no later than
thirty (30) calendar days prior to the commencement of the option period. These documents, if
applicable, will be specified in the Special Conditions and include, but are not limited tO,lnsurance
Certificates and Performance Bonds and must be in force for the full period of the option. If the
updated documents are not submitted by the Bidder in complete form within the time specified,
the City will rescind its option and seek a new bid solicitation.
Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment after the first year. The
escalation will be based upon the U.S Department of Labor, Bureau of Labor Statistics, Producer
Price Index (PPI)* for finished goods less food and energy (WPUSOP3500)
. (htto://www.bls.aov/ooi/home.htm). The price will be increased or decreased based upon the
annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any
individual year. The escalation will be determined annually at theTenewal date. Should the PPI
change exceed a minimum threshold value of +/-1 %, then the stated eligible bid prices shall be
adjusted in accordance with the PPI change not to exceed the 8% limit per year.
Cooperative Purchasing
The City of Denton encourages Cooperative Purchasing efforts among the governmental entities;
therefore it would be in the vendor's best interest to help the City of Denton facilitate this
cooperative effort.
Should other Governmental Entities decide to participate in this contract, would you, the Vendor,
agree that all terms, conditions, specifications, and pricina would apply?
Yes LNo
* Producer Price Index/PPI Is defined by the U.S. Department of Labor:
The Producer Price Index (PPI) is a family of indexes that measures the average Change over time in selling prices
received by domestic producers of goods and services. PPI measures price change from the perspective of the seller. This
contrasts with other measures, such as the Consumer Price Index (CPI), that measure price change from the purchaser's
perspective. Sellers' and purchasers' prices may differ due to government subsidies, sales and excise taxes, and
distribution costs.
PAGE 17 OF BID #3516
Bidder's Initials L-
ANNUAL CONTRACT FOR
CONCRETE WORK
Successful awarded vendor will be required to sign original contract and submit performance
bond for $500,000 on and payment bond for $500,000 before work is to commence. The
vendor will be required to raise the bonds should the annual cumulative total exceed $500,000.
The vendor shall assume all costs in raising the bond limits.
Insurance
Bidder's attention is directed to the insurance requirements as attached on Appendix A. It is
highly recommended that bidders confer with their respective insurance carriers or brokers to
determine in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly
with the insurance requirements, that bidder may be disqualified from award of the contract. Upon
bid award, all insurance requirements shall become contractual obligations, which the successful
bidder shall have a duty to maintain throughout the course of this contract.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived
after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
Su bcontractors
Vendors must disclose all subcontractors and suppliers to be used under this contract prior to
award. The successful awarded vendor must submit all changes to the subcontractor/supplier list
to the Purchasing Department, Attention: TOM SHAW, PURCHASING AGENT, Bid #3516, 901-B
Texas Street, Denton, Texas 76209, for approval before use on the jobsite.
Tax Exemption
The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F)
of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this
contract for the City of Denton may purchase materials and supplies and rent or lease equipment
sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates
must comply with State Comptroller's ruling #95-0.07 and #95-0.09.
PAGE 16 OF BID #3516
Bidder's Initials tI1..-
ANNUAL CONTRACT FOR
CONCRETE WORK
If you, the Vendor, checked yes, the following will apply:
Governmental Entities utilizing Inter-Governmental Contracts with the City of
Denton will be eligible, but not obligated, to purchase materials/services under the
contract(s) awarded as a result of this solicitation. All purchases by Governmental
Entities other than the City of Denton will be billed directly to that Governmental
Entity and paid by that Governmental Entity. The City of Denton will not be
responsible for another Governmental Entity's debts. Each Govemmental Entity will
order its own material/services as needed.
PAGE.18 OF BID #3516
Bidder's Initials L
ANNUAL CONTRACT FOR
CONCRETE WORK
FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY
DisadvantaQed Business Enterprises (DBE) are encouraged to participate in the City of
Denton's bid process. The Purchasing Department will provide additional clarification of
specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures
to those DBEs who request it.
Representatives from DBE companies should identify themselves as such and submit a copy of
the Certification.
The City recognizes the certifications of the State of Texas Building and Procurement Commission
HUB Program. All companies seeking information concerning DBE certification are urged to
contact.
State of Texas HUB Program
Texas Building and Procurement Commission
PO Box 13047
Austin, TX 78711-3047
(512) 463-5872
If your company is already certified, attach a copy of your certification to this form and return with
bid.
COMPANY NAME: II A
REPRESENTATIVE:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE NO.
FAX NO .
Indicate all that apply:
Minority-Owned Business Enterprise
Women-Owned Business Enterprise
Disadvantaged Business Enterprise
PAGE 19 OF BID #3516
Bidder's Initialsl!fL-
ANNUAL CONTRACT FOR
CONCRETE WORK
VENDOR REFERENCES
Please list three (3) Government references, other than the City of Denton, who can verify the
quality of service your company provides. The City prefers customers of similar size and scope of
work to this bid.
GOVERNMENT/COMPANY NAME: /x. DoT
LOCATION: 'De", .h Vi
CONTACT PERSON AND TITLE: (l (au-tit<> (Bu..z:z) Etsom
TELEPHONE NUMBER:'1~tJ - 3g1.:. /'1-1 '-f
SCOPE OF WORK: R I ;.!, a../ ' (i.. urb'" C; uifer, /f-ead ttJ 4. 1/ S
CONTRACT PERIOD:
GOVERNMENT/COMPANY NAME: D 02.";+001\ 00 u....t ~
LOCATION: De v\+D (\
CONTACT PERSON At-m TITLE: Db
TELEPHONE NUMBER: 3 tf q - 3
SCOPE OF WORK: +
CONTRACT PERIOD:
u.~ e.
GOVERNMENT/COMPANY NAME:
LOCATION:
CONTACT PERSON AND TITLE:
TELEPHONE NUMBER:
SCOPE OF WORK:
CONTRACT PERIOD:
PAGE 20 OF BID #3516
Bidder's InitialS~
ANNUAL CONTRACT FOR
CONCRETE WORK
Certification Affidavit
1. Name of Firm Po1d 5'1'11,-11, (I (JI(I,(IJeA-e.. In!!..
2. Mailing Address P.O. dD~ VI Y: / b.eY\+"", , IlL 11oJ-O:L-.
Street Address /5(1 UtilowUJood beYl+Dllr I'lL 1/P;)..OS-
3. Phone q'q()- 5b5"- 0/1'/ Fax q'fO- .5h5-',{)II<I
Contact ~I oljd 5m ;-M Title fJr'f!.s,denf
TaxlDNumber 1!)-.;2fo1t.//o;l..
4. Indicate whether firm is sole proprietorship, partnership, joint venture, corporation or other
business entity (please specify)
Corporah~1I
I
5. How many years has the firm been in.business 5 e !-j eM 5
Date business established under current ownership N () y' e 111 her / q 13
Indicate if: () Partnership (-{Corporation () Sole Owner
. . S"u..b-S
If a partnership, list names and addresses of partners:
If corporation, indicate state in which corporation was organized and is existing:
le~aS
Principal Stockholders: (Name and Address) and authorized to sign contractual
matters:
FI oljd G..$1'I1 .-/1..
It.' ko \}. S'm'l-t4
Iolg V/f!'t!..-
.
(Plf Vlt\'f,.
EuJess. '1'i,1/Po'fO
.
E u{esS, (~ 160'1-0
PAGE 21 OF BID #3516
Bidder's InitialsL
.
ANNUAL CONTRACT FOR
CONCRETE WORK
6. Company, Client References (Company Name, Contact, Person, Street, Address, City,
State, Zip, Telephone)
~joe Pu_bll~ ~1) .j g'tll':) thee/<"
eer b I If i11 ofU5 (!o. JOe SC!.D-ft
qlf-p--.J8'.2 -.25'"8/
fo. DO'/..2r;D .De....+gV\ TIt 1f.Jo.J,
. 9<ft). ,%1, ~S-D'
'3:20pf)'r or.j.I<J. De-n; 11 1t~{)
7. Does your firm share any resource (office facilities, storage space, equipment,personnel
with other firms or individuals)?
Nit
8. Name of Bonding Company, If any:
Bonding Liinit
Sources of Letters of Credit, if any
9. Are you authorized to do business in the State as well as locally, including all business.
licenses? Yes./ No
10. Provide name of licensed individual(s) and type of license, (submit copies oflicense(s) with
application) .
,VA-
PAGE 22 OF BID #3516
Bidder's Initial~
ANNUAL CONTRACT FOR
CONCRETE WORK
.
AFFIDAVIT
"The undersigned swears that the foregoing statements are true and correct and include all
material information necessary to identify .and. explain the operations of
F(o 5;-/-h r2rJ1',(1.re+e ne.:.
(nam of firm) as well as the ownership thereof.
Name: f:/o'1d 5m',-J-.1..
Title: Presid e i} f
SOnoW~ I/J~ ~
Date: /l / b / tJ~
.
Corporate Seal (where appropriate)
Date: /l / (p / 0 to State of: Ie )(45 County of: ben -t-a n
On this & ~ day of h /1 20 0 &, ,before me appeared (Name)
F/o'jd 51'>1 ;+t-.
to me personally know, who being duly sworn, did
execute the forging affidavit, and did state that he or she was properly authorized by (Name of
Firm) FI 0 id 511'1 i-/1.. C Df1C..d-e m{'
and did so as his or her free act deed.
to execute the affidavit
(Seal)
CAROLYN BROWN
NOTARY PUBliC
STATE OF TEXAS
My Corom. Exp. 7-13-2009
Notary Public c.~ 4/I.4M.-M-
Commission expires '7/ /3 / ,;l 0 () C{
, I
PAGE 23 OF BID #3516
Bidder's Initials L
ANNUAL CONTRACT FOR
CONCRETE WORK
BID BOND
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully
examined the Contract Documents pertaining to the work covered by the above bid, and he further
agrees to commence work within ten (10) days after the date of written notice to do so, and to
have 100% of the work on which he has bid complete within consecutive calendar days.
Enclosed with this proposal is a Certified Check in the amount not less than $5,000 or a BID Bond
in the amount of not less than $5,000, which it is agreed shall be collected and retained by the
Owner as liquidated damages in the event this proposal is accepted by the Owner within thirty (30)
days after the bids are received and the undersigned fails to execute the contract and the required
bond for the Owner within ten (10) days after the date said proposal is accepted, otherwise, said
check or bond shall be returned to the undersigned upon request.
Contractor (Firm Name) n o~d SM.'..-!+.. C-oV\U~ +e Lflt!... .
By rI#JvjI,
Title: f res'ld et1 +-
(PresidenWice-President)
Address P.o. f..l 0)(. 1'7 g I
~-h-n, TIC r;t:,.1-0c2
Phone q if 0 - s- (, ~ - 01/ if
Fax '1<fO- 5{,f;-pllL/
Email No(] e
PAGE 24 OF BID #3516
Bidder's Initials~
ANNUAL CONTRACT FOR
CONCRETE WORK
SUMMARY OF CONTRACT CONDITIONS
FIRM FIXED PRICE CONTRACT WITH ESTIMATED QUANTITIES
The undersigned, as bidder, declares that the only person or parties interested in this proposal as
principals are those narned herein, that this proposal is made without collusion with any other
person, firm, or corporation; that he has carefully examined the form of contract, Notice to
Bidders, specifications and the plans therein referred to, and has carefully examined the locations,
conditions, and classes of materials of the proposed work and agrees that he will provide all the
necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will
do all the work and furnish all the materials called for in the contract and specifications in the
manner prescribed herein and according to the requirements of the City as therein set forth.
It is understood that the quantities of work on the Bid Form to be done at unit prices are
approximate only, and are intended principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit prices and material to be furnished may
be increased or diminished as may be considered necessary, in the opinion of the City, to
complete the work fully as planned and contemplated, and that all quantities of work whether,
increased or decreased, are to be performed at the unit prices set forth below except as provided
for in the specifications.
It is further agreed that lump sum prices may be increased to cover additional work ordered by the
City, but not shown on the plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work
so ordered.
SPECIFICATIONS
This project shall be constructed by utilizing the Fourth Edition of the North Texas Council of
Government Standard Specifications for Public Works Construction.
LOCATION OF PROJECT
This improvement project is totally located within the city limits or extra territorial jurisdiction of the
City of Denton, Texas and the City of Denton Transportation Criteria Manual.
PAGE 25 OF BID #3516
Bidder's InitialL
ANNUAL CONTRACT FOR
CONCRETE WORK
SPECIAL CONTRACT DEFINITIONS
AWARD OF ANNUAL MISCELLANEOUS CONCRETE CONTRACT
This bid is intended to be used for smaller and more isolated concrete replacement or new
installations. The limits are set to allow the contractor to work various city departments to replace,
repair, or install new concrete work as needed. This contract will not be used with the annual bid
for street sections, which is a separate bid.
Bonding for this contract will be less than the street section bid where two-year maintenance
bonds are required for all work.
The primary specifications for these items in the bid tabulations include the City of Denton
Transportation Criteria Manual, the Fourth Edition of the Public Works Standard Specifications
from the North Central Texas Council of Governments, the Texas Department of Transportation
Box Culvert Detail Sheets as referenced in the NCTCOG specifications, and as a secondary
reference the Recommended Performance Guidelines for Micro-Surfacing dated May 2000.
This annual bid may be renewed up to two years (for a total of 3 years) if the bidder and the City
of Denton agree to extend each year within 60 days prior of the renewal date to get the renewal
on a City Council agenda.
The City of Denton Street Division crews of the Utility Field Service Group may provide
components of projects such an excavation, removal, barricades at their discretion. Each project
will need to be planned and final determination of responsibilities assigned based on workloads of
city and contractor at the time.
The North Central Texas Council of Governments has recently approved and adopted the Fourth
Edition of the Public Works Construction Standards and Standard Drawings. They are to be
utilized versus the Third Edition and the City of Denton amendments to that Third Edition. The
new Transportation Criteria Manual is available on the City of Denton Web Site for viewing and
downloading. The Fourth Edition of the NCTCOG specifications is available on the web at
DFWSPECS. Com.
Reference the City of Denton Transportation Criteria Manual available on the City Web Site or
from Development Services Dept. at City Hall West, 221 Elm, Denton, TX and the 4th Edition
NCTCOG Specifications and Standard Drawings. These two sources are intended to provide all
specifications and references not covered by these specifications. The City of Denton
Transportation Criteria Manual shall govern as the first reference with the 4th Edition of the
NCTCOG Specs second.
PAGE 26 OF BID #3516
Bidder's Initial~
ANNUAL CONTRACT FOR
CONCRETE WORK
SUPPLEMENTARY CONDITIONS
AMENDMENTS TO GENERAL CONDITIONS OF
THE CONTRACT FOR CONSTRUCTION
The following supplements modify, change, delete from or add to the "Proposal
Requirements and other General Conditions of the North Texas Council of Governments, October
2004 edition." Where any Article of the General Conditions is modified or any Paragraph,
Subparagraph or Clause thereof is modified or deleted by these Supplementary Conditions, the
unaltered provisions ofthat Article, Paragraph, Subparagraph or Clause shall remain in effect. To
any extent that these Supplementary Conditions may conflict with the Owner-Contractor
Agreement, General Conditions or the specifications, these Supplementary Conditions shall
control.
DEFINITIONS
ADD THE FOllOWING DEFINITIONS:
The term "product" as used in this specification includes materials, systems and equipment.
The term "provide" as used in this specification means to furnish and install.
The term Owner's Representative (OR) in this contract means any City Representative or Project
Administrator designated in writing by the Owner I.e., Onsite Inspector, Construction
Representative, who represents the Owner.
The term Government in this contract specifically means City of Denton.
The term MODIFICATION means - (a) Written Amendment, (b) Change Order, (c) Field
Order, (d) Work Change Directive
EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK
Add: Written measurements and dimensions shall be followed at all times. Except where directed
by the Owner dimensions shall not be determined by scale or rule. The Contractor shall verify all
dimensions by measurements at the job site, and shall take any and all other measurements
necessary to verify the Drawings and to properly layout the Work. Any discrepancy affecting the
layout of the Work shall immediately be reported to the Owner's Representative for interpretation.
Add: By signing the proposal sheet, the Contractor represents that he has read and understands
all. plans, specifications, and general design standards involved with this contract.
SURETY BONDS
Add: All bonds must be submitted on City forms. These forms are provided under the Bidding
Documents Section of this contract.
PRIORITY TO CONTRACT DOCUMENTS
Replace: When any portion of the Contract Documents is contradicted by another, the more
specific shall prevail. Upon receiving a written request by the contractor for interpretatio~O the
. PAGE 27 OF BID #3516 Bidder's Initial~
ANNUAL CONTRACT FOR
CONCRETE WORK
Owner shall issue a written clarification for the matter in question. Where any discrepancy or
conflict may occur between the General Conditions and these Supplementary Conditions, these
Supplementary Conditions shall have priority.
CORRELATION AND INTENT OF DOCUMENTS
Add: Standard specifications and manuals of technical societies, organizations or associations, or
statutes and regulations of governmental agencies used as a reference in the Contract
Documents, either by specific statement or implication, shall mean the latest standard
specification, manual, code, statute, or regulation in effect at the time of opening of Bids. No
provision of any such reference used in the Contract Documents shall change or reassign the
duties and responsibilities of the Owner, Contractor, Architect, or any consultants and agents of
any of them from those set forth in the Contract Documents.
Add: During the course ofthe Work, should any discrepancy be found in or between the Drawings
and Specifications, the Contractor, by the fact of submitting Contractor's bid, shall be deemed to
have estimated the more expensive way of completing the Work, unless the Contractor shall have
reported the discrepancy prior to bid opening.
CONTRACT DRAWINGS AND SPECIFICATIONS
Add: All site grade elevations shown on the Drawings shall be checked from established
benchmarks and shall be confirmed by the Contractor. Discrepancies discovered shall be
reported to the Owner for adjustment before any Work begins. The Contractor's commencement
of the Work shall constitute Contractor's acceptance of all existing site grade elevations as correct
or otherwise workable. The Contractor shall not be due additional compensation for grade
variations or discrepancies except by written agreement before construction begins.
ERRORS AND CORRECTION IN DRAWINGS AND SPECIFICATIONS
Add: If the nature of the error, inconsistency or omission is such that it would have reasonably
been discovered by a competent, experienced Contractor, then the Contractor shall be
responsible just as if construction activity were performed with the Contractor's knowledge of the
condition.
Add: Errors, inconsistencies or omissions discovered in the Contract. Documents which are
reported to the Owner seven (7) days or more before the bid opening shall be corrected by
addendum and the Contractor shall not be held responsible. Except for any such reported errors,
inconsistencies or omissions, the Contractor shall signify by the fact of submitting his bid that he
considered that the entire Work can and will be administered, constructed and completed as
described, with interpretation by the Owner where necessary, and that Contractor has
satisfactorily provided for such in his bid.
Add: CONTRACTOR'S Review of Construction Documents: Before undertaking each part of the
Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and
verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall
promptly report in writing to OWNER any conflict, error, ambiguity or discrepancy, which
CONTRACTOR may discover and shall obtain a written interpretation or clarification from the
Owner before proceeding with any work affected thereby. In the event of a conflict in the
Drawings, Specifications, or other portions of the Contract Documents, which were not reported
PAGE 28 OF BID #3516
Bidder's Initials A--
ANNUAL CONTRACT FOR
CONCRETE WORK
prior to the Bidding of the Contract, the CONTRACTOR shall be deemed to have included the
most expensive in his Bid.
EXISTING STRUCTURES
Add: The Contractor shall investigate maps, plans, and records maintained by utility companies to
ascertain the location of all utilities prior to beginning new or alteration work. Locations of utility
lines, whether shown on the Drawings or not, shall be verified and marked prior to start of
construction. Any damage caused to any utility as a result of Work on this Project shall be
promptly repaired or replaced at the sole expense of the Contractor and no additional money will
be paid by the Owner.
PERFORMANCE OF THE WORK
Add: Any failure or neglect on the part of OWNER, PROJECT ADMINISTRATOR, OWNER'S
REPRESENTATIVES or INSPECTORS to enforce provisions herein dealing with supervision,
control, inspection, testing or acceptance and approval of the work shall never operate to relieve
CONTRACTOR from full compliance with the contract documents nor render OWNER liable to
CONTRACTOR for money damages, extensions of time or increased compensation of any kind.
INDEMNIFICA nON
Replace: Contractor does hereby agree to waive all claims, release, indemnify, defend and hold
harmless Owner and all of Owner's officials, officers, agents, employees, in both their public and
private capacities, from and against any and all liability, claims, losses, damages, suits, demands
or causes of action including all expenses of litigation and/or settlement, court costs and attorney
fees which may arise by reason of injury to or death of any person or for loss of, damage to, or
loss of use of property occasioned by error, omission, or negligent act of Contractor, Contractor's
officers, agents, employees, subcontractors, invitees or any other persons, arising out of or in
connection with the performance of this Contract, and Contractor will at Contractor's own cost and
expense defend and protect Owner from any and all such claims and demands.
In any and all claims against any party indemnified hereunder by any employee of Contractor, any
subcontractor, anyone directly or indirectly employed by any ofthem or anyone for whose acts any
of them may be liable, the indemnification obligation herein provided shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under worker's compensation acts or other employee
benefit act.
PROGRESS SCHEDULE
Add: The construction schedule shall be subject to approval of the Owner or his Representatives.
A revised construction schedule shall be submitted at any time the Owner's Representative
determines necessary and at least upon the request of payment or submission of an invoice by
the Contractor.
PAGE 29 OF BID #3516
Bidder's Initia'sL
ANNUAL CONTRACT FOR
CONCRETE WORK
PERFORMANCE OF THE WORK
Add: The following days shall be considered legal holidays:
New Year's Day
Martin Luther King's Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
January 1
3rd Monday in January
Last Monday in May
July4
1st Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 25
A "floating" holiday for Christmas is the date to be determined by the City Manager. If a holiday
falls on a Saturday, it will be observed on the preceding Friday. If a holiday falls on a Sunday, it
will be observed on the following Monday
Add: Unless otherwise specified, where any action, submittal or response falls due on a Saturday,
Sunday or legal holiday, such action, submittal, or response shall be considered due on the next
day which is not a Saturday, Sunday or a legal holiday.
STANDARDS OF CONDUCT GRATUITIES
Add:
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice
and hearing, the City or a designee determines that the Contractor, its agent, or another
representative.
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or
employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a
contract.
(b) If this contract is terminated under paragraph (a) above, the City is entitled to pursue the
same remedies as in a breach of the contract
(c) The rights and remedies of the City provided in this clause shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract
COMPLIANCE WITH LAWS
Add: Unless otherwise provided fees to be secured and paid by the Contractor shall include, but
not be limited to, water taps, sewer taps, water meters, fire hydrants, detector check devices,
temporary sanitary facilities, and the like. Contractor shall comply with the City of Denton's
standard procedures. Contractor shall secure the building permit, but no fee will be required.
Add: It shall be the obligation of the Contractor to review the Contract Documents to determine
and to notify the Owner of any discrepancy between the Contract Documents and bUildi~des
. PAGE 30 OF BID #3516 Bidder's Initial .
ANNUAL CONTRACT FOR
CONCRETE WORK
or regulations of which the Contractor has knowledge or should be reasonably able to determine.
The Contractor shall not violate any zoning, setback or other location requirements of applicable
laws, codes and ordinances, or of any recorded covenants of which the Contractor has
knowledge. If the Contractor observes that portions of the Contract Documents are at variance
with applicable laws, statutes, ordinances, building codes, rules or regulations, the Contractor
shall promptly notify the Owner and Project Administrator in writing, and necessary changes shall
be accomplished by appropriate modification~ .
PROTECTION OF WORK
Add: Any excavation and upper floors shall be kept dry and free from water (from rainfall,
seepage, springs and other causes) at all times, and the Contractor shall be responsible for all
stoppage of sewer lines resulting from this Work.
TRENCH SAFETY
Should trenching be required, a change order including terms and conditions of Section 1 .24.3
must be approved by the owner.
PROTECTION OF WORK AND OF PERSONS AND PROPERTY
Add: Attention is called to the regulations issued by the Secretary of Labor pursuant to Section
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333) entitled "Safety and
Health Regulations for Construction" (29 CFR Part 1926). The Contractor shall be required to
comply with those regulations to the extent that any resulting Contract involves construction.
Explosives shall not be used or delivered to the site without the written approval of the Owner
and issuance of required permits from governmental authorities.
PAYMENT FOR LABOR AND MATERIAL; NO LIENS
Add: The issuance of a Certificate for Payment will constitute a representation by the Owner's
Inspector to the Owner, based on the Inspector's observations at the site and the data comprising
the application for Payment, that the Work has progressed to the point indicated and that, to the
best ofthe Inspector's knowledge, information and belief, quality ofthe Work is in accordance with
the Contract Documents. The foregoing representations are subject to an evaluation of the Work
for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to minor deviations from the Contract Documents correctable
prior to completion and to specific qualifications expressed by the Inspector. The issuance of a
Certificate for Payment will further constitute a representation that the Contractor is entitled to
payment in the amount certified.
The acceptance by the Contractor of the final payment shall operate as and shall be a release to
the Owner from all claims or liabilities under the Contract, for anything done or furnished or
relating to the Work under the Contract or for any act or neglect of the Owner relating to or
connected with the Contract. A Release of Claim will be provided by the Contractor on all
requests for final payment.
Add: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other person or
organization, to the extent practicable, information about amounts paid to CONTRACTOR in
accordance with CONTRACTOR's Application for Payment on account of the particular
Subcontractor's, Supplier's, and other person's or other organization's Work. . M/~
. PAGE 31 OF BID #3516 Bidder's Initials ~
ANNUAL CONTRACT FOR
CONCRETE WORK
CONTRACTOR'S INSURANCE
Before the Owner awards the Contract, or the Contractor commences Work in connection with
this Contract, or before Contractor allows any subcontractor to commence any Work, Contractor
shall purchase insurance with limits as specified within this document under "Insurance
Requirements: Exhibits A, A-1, A-2, and Workers' Compensation". The insurance company shall
have an A.M. Best's rating of no less than A:VI, or A or better, by Standard & Poor.
The Contractor shall comply with the posting requirements ofTexas Workers' Compensation Rule
110.110, Section 0.7, as follows:
1. If there is a field office, staging area, or storage yard, the notice must be posted at
that location.
2. In the absence of the above, the superintendent or foreman must carry a copy in his
vehicle and it must be available to employees.
Certificates of Insurance and endorsements affecting coverage required by this clause shall be
forwarded to:
Tom Shaw
Materials Management - City of Denton
901-B Texas Street
Denton, Texas 76209
Add: Evidence of Insurance: Before any work at the site is started, CONTRACTOR shall deliver
to the OWNER, with copies to each additional identified in the Supplementary Conditions,
certificates of insurance (and other evidence of insurance which OWNER or any additional
insured may reasonably request) which CONTRACTOR is required to purchase and maintain in
accordance with Article 5.
This insurance shall:
1. be written on a Builder's Risk "all risk" or open peril or special causes of loss
policy form that shall at least include insurance for physical loss and damage to
the Work, temporary buildings, false work and Work in transit and shall insure
against at least the following perils; fire lightning, extended coverage, theft,
vandalism and malicious mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and Regulations, water damage,
and such other causes of loss as may be specifically required by the
Supplementary Conditions;
2. include expenses incurred in the repair or replacement of any insured property
(including but not limited to fees and charges of engineers and architects);
3. cover materials and equipment in transit to the Project site, and materials that the
CONTRACTOR has taken possession of whether stored at the Project site;
PAGE 32 OF BID #3516 Bidder's Initials ~
ANNUAL CONTRACT FOR
CONCRETE WORK
4. allow for Partial Utilization of the Work by OWNER;
5. include testing and startup; and
6. be maintained in effect until final payment is made unless otherwise agreed to in
writing by OWNER, CONTRACTOR, and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of insurance has been issued.
Insurance Certificate must be submitted and issued with the City listed as the
certificate holder.
The Cancellation Policy must read as follows:
"Should policy shall not be cancelled, non-renewed or materially change without 30 days
advanced written notice being given to the owner (City) except when the policy is being cancelled
for nonpayment of premium in which case 10 days advance written notice is required.
MATERIALS AND WORKMANSHIP; WARRANTIES AND GUARANTEES
Add: The Contractor shall determine that project requirements expressed in specified procedures,
instructions, manufacturer's recommendations or referenced standards are reasonable and
appropriate. Where the Contractor considers any such requirements to be unreasonable or
inappropriate, the Contractor shall, prior to performing that portion of the Work, identify to the
Owner whether the requirement appears to conflict with accepted construction practice, or will
invalidate any required warranty, or may be acceptably achieved with an alternative procedure or
installation. The Contractor shall propose an alternative procedure or installation only if he
warrants the end result to be equal or superior to the original requirement.
Add: It shall be the Contractor's responsibility to ensure that no building materials containing any
form of asbestos are incorporated into the Work. Any such material shall be removed and
satisfactorily replaced without additional cost to the Owner.
Add: Any failure or neglect on the part of OWNER, PROJECT ADMINISTRATOR or OWNER'S
REPRESENTATIVE to enforce provisions herein dealing with supervision, control, inspection,
testing or acceptance and approval of the work shall never operate to relieve CONTRACTOR from
full compliance with the contract documents nor render OWNER liable to CONTRACTOR for
money damages, extensions of time or increased compensation of any kind.
Add: If any Work is covered contrary to the request of the OWNER'S REPRESENTATIVE, it
must, if requested by THE OWNER'S REPRESENTATIVE, be uncovered for observation and
replaced at CONTRACTOR'S expense.
In circumstances different from paragraph above, if OR considers it necessary or advisable that
covered Work be observed by the OR or inspected or tested by others, CONTRACTOR at OR's
request, shall uncover, expose, or otherwise make available for observation, inspection, or testing
as may require, that portion of the Work in question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
. PAGE 33 OF BID #3516 Bidder's Initial~
ANNUAL CONTRACTFOR
CONCRETE WORK
attorneys and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to such uncovering, exposure, observations, inspection, and testing, and
of satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the
Contract Price.
Add: If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and prior to OR's recommendation of final payment;) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and
determination to accept such defective Work (such costs to be approved by OR as to
reasonableness) and the diminished value of the Work to the extent not otherwise paid by
CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to OR's
recommendation of final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.
Add: All Claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other dispute
resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under
this paragraph 1.27 will be charged against CONTRACTOR, and a Change Order will be issued
incorporating all necessary revisions in the Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the Contract Price or replacement of work
of others destroyed or damaged by correction, removal, qr replacement of CONTRACTOR's
defective Work.
"OR EQUAL CLAUSE"
Add: When the terms "or equal," "approved," "acceptable," "necessary," "suitable," "as directed,"
"good and sufficient" or other such general qualifying terms are used in the Contract, they shall be
. construed as though followed by the words "in the opinion of the Owner through the Owner's
Representative," or "by the Owner through the Owner's Representative," as the case may be.
SPECIAL WARRANTY
Add: In addition to any specific guarantees required by the Contract Documents, Contractor
hereby guarantees to perform the Work in a first-class, workmanlike manner and guarantees all
Work against defects in workmanship for a period of one (1) year after the date of Final
Acceptance of the Work by the Owner. Final Acceptance of the Work shall be established as the
date that. except for adiustments and repairs to be completed under warrantv provisions. the
Work has been fullv accomplished. The Contractor shall repair and make good, without expense
to the Owner, any and all defects in his Work, which may become apparent within that time. Any
such repair, including adjustment or replacement, of Work previously accepted shall be similarly
warranted by the Contractor for an additional year.
SUBCONTRACTORS' AND MANUFACTURERS' WARRANTIES
Add: Specific and special warranties required in the Contract Documents are in addition to, and
not in lieu of, the Contractor's general warranty. The Contractor shall not be relieved of general
warranty obligation by the statement of specific products or procedures. The contracto~ be
PAGE 34 OF BID #3516 Bidder's Initials
ANNUAL CONTRACT FOR
CONCRETE WORK
contacted to resolve any issues with Subcontractors and Manufacturer's warranties and shall be
the City's Representative in these matters to the fullest extent possible.
WARRANTY SERVICE CLAUSE
Add: Under the terms of the warranties which arise from these Contract Documents and/or by the
terms of any applicable special warranties required by the Contract Documents, if any ofthe Work
in accordance with this Contract is found to not be in accordance with the requirements of the
Contract Documents, the Contractor shall correct such Work promptly after receipt of written
notice from the Owner or the Owner's Representative or other entity as the Contract Documents
may provide. This obligation shall survive acceptance of the Work under the Contract and
termination of the Contract. If Contractor fails within a reasonable time after written notice to
correct defective Work or to remove and replace rejected Work, or if Contractor fails to perform
the Work in accordance with the Contract Documents, or if Contractor fails to comply with any
provision in the Contract Documents, either the Owner or its designee may, after seven (7) days'
written notice to Contractor, correct and remedy any such deficiency at the expense of the
Contractor.
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
Add: All Shop Drawings shall be in strict compliance with the Contract Documents. The
CONTRACTOR may seek a deviation by requesting a Modification. All approved Written
Amendments, Change Orders, Field Order and/or Work Change Directives shall be incorporated
into the Shop Drawings. The CONTRACTOR may submit a Shop Drawing or sample that varies
from strict compliance with the Contract Documents providing the submittal is accompanied by a
Shop Drawing Deviation Request form. If the proposed Modification is approved by the OWNER,
the submittal will be considered to be in strict compliance with the Contract Documents and it will
be reviewed in accordance with the Contract Documents. If the proposed Modification is not
approved, the submittal will be returned to the CONTRACTOR with appropriate comments. All
Shop Drawings shall bear a duly executed statement by the CONTRACTOR as set forth
hereinunder.
THIS SHOP DRAWING HAS BEEN REVIEWED AND
DETERMINED TO BE IN
o COMPLIANCE
o COMPLIANCE SUBJECT TO APPROVAL OF
ATTACHED CHANGE ORDER/FIELD ORDER AND
WITH THE CONTRACT DOCUMENTS AS MODIFIED
BY ADDENDA, CHANGE ORDER AND FIELD
ORDER.
CONTRACTOR
BY
DATE
PAGE 35 OF BID #3516
Bidder's Initials L
ANNUAL CONTRACT FOR
CONCRETE WORK
.,
MEANS AND METHODS OF CONSTRUCTION
Add: Where any concrete or asphalt paving occurs outside the property line for any project (e.g.
drive approach, sidewalk, etc.), subgrade shall be prepared in a manner identical to that required
for similar paving within the property lines, unless specifically approved otherwise by the Owner.
STANDARD REFERENCES
Add as a new subparagraph:
(a) All documents and publications (such as, but not limited to, manuals, handbooks, codes,
standards and specifications) cited in this contract for the purpose of establishing
requirements applicable to equipment, materials, orworkmanship under this contract, shall
be deemed to be incorporated herein as fully as if printed and bound with the specifications
of this contract, in accordance with the following:
(1) Wherever reference is made to Interim Federal Specifications, Interim Amendments
to Federal Specifications, Interim Federal Standards, or Interim Amendmenlsto
Federal Standards, the Contractor shall comply with the requirements set out in the
issue or edition identified in this contract.
(2) Wherever reference is made to any such document other than those specified in
subparagraph (1) above, the Contractor shall comply with the requirements set out
in the edition specified in this contract, or if not specified, the latest edition or
revision thereof, as well as the latest amendment or supplement thereto, in effect on
the date of the solicitation on this project, except as modified by, as otherwise
provided, or as limited to type, class or grade, by the specifications of this contract.
(b) Inquiries regarding "Commercial Standards ", "Product Standards", and "Simplified
Practice Recommendations" should be addressed to the Standard Development Service
Section, National Bureau of Standards, Washington, DC, 20234. Publications of
Associations referred to in the specifications may be obtained directly from the
Associations.
(c) Upon request the Contractor shall make available at the job site within a reasonable time, a
copy of each trade manual and standard which is incorporated by reference in this contract
and which governs quality and workmanship.
WORKING AREA; COORDINATION WITH OTHER CONTRACTORS; FINAL CLEANUP
Add: The City at its own discretion can provide, if available, space for a job office. This is only
available upon the written approval of the City. Otherwise, it is the Contractor's responsibility to
establish a small office at his own expense. This should be coordinated at the pre-construction
meeting.
If the facilities need temporary heat, it shall be of a non-smudging type, as approved by the
Owner. The permanent heating system may be used for temporary heat when approved by the
Owner. Upon completion of the construction, and before final acceptance of the Work, the
Contractor shall repair any damage caused by such temporary use. The enclosed building shall
be kept at or above forty degrees (40') Fahrenheit at all times. While painting and interior finishes
are being applied, the temperature shall be kept at or above sixty degrees (600) Fahrenhe)}O
PAGE 36 OF BID #3516. Bidder's Imtlals.c::M..--
'"
ANNUAL CONTRACT FOR
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Contractor shall secure and pay for all temporary light and power required forthe Work, including
any necessary wiring and setting of poles. All Work shall conform to the requirements of the
National Board of Fire Underwriters, whose certificate of approval shall be obtained and filed with
the Owner before the temporary light and power are used.
From the commencement to the completion of the Work, approved sanitary facilities shall be
provided by the Contractor. All sanitary facilities shall be acceptable to the public authorities
having jurisdiction.
OWNER'S RIGHT TO TEMPORARILY SUSPEND WORK
Add as a new subparagraph: Failure of the Contractor to comply with the Owner's order to stop
the Work may be considered a substantial violation of the Contract. When the Owner has
stopped the Work as provided in this subparagraph, the Contractor shall not be entitled to any
extension of the Contract Time, or damages for delay, related to the stoppage.
Add: If, in the opinion of the Owner, there is an emergency for the furnishing of certain material, or
the performance of certain Work, in order to ensure compliance with the terms of the Contract,
and if the Contractor fails to furnish such material or to perform such Work within a reasonable
time fixed by written notice from the Owner to the Contractor, then the Owner shall have the
power to and it may at its election furnish such material and/or perform such Work at the expense
ofthe Contractor and/or Contractor's sureties, who shall be liable therefore. In the determination
of the question whether there has been such non-compliance with the Contract as to warrant its
suspension or the furnishing of material, or the performance of Work by the owner as herein
provided, the decision of the Owner shall be final. The enumeration of the options and privileges
of the Owner as herein before set forth is not and shall never be considered as the only rights,
options or remedies of the Owner, and it is expressly agreed that the Owner may pursue any other
and further option, right and remedy accorded to it at law and in equity.
Add: The Contractor shall suspend such part or parts ofthe Work pursuant to a court order issued
against the Owner and shall not be entitled to additional compensation by virtue of such court
order; neither shall the Contractor be liable to the Owner in the event the Work is suspended by
such court order, unless such suspension is due to the fault or negligence of the Contractor.
NO ADDITIONAL COMPENSATION
Add: Contractor will not be entitled to loss of anticipated profits pursuant to any claim under this
Agreement.
USE OF COMPLETED PORTIONS OF WORK
Add: The temporary or trial usage by the Owner of any mechanical devise, machinery, apparatus,
equipment, or any Work or materials supplied under this Contract before completion and final
acceptance of the Project shall not be construed as an evidence of acceptance of any of these
items by the Owner's Representative. The Owner shall have the privilege of such temporary and
trial usage, for such reasonable length of time as the Owner's Representative shall deem to be
proper for making a complete and thorough test of these items. No claim for damage shall be
made by the Contractor for the injury to or breaking of any parts of such Work which may be
caused by weakness or inadequacy of structural parts or by defective material or workmanship
related to these items. If the Contractor so elects, Contractor may, at Contractor's own expense,
PAGE 37 OF BID #3516 Bidder's Initials ~
ANNUAL CONTRACT FOR
CONCRETE WORK
appoint and place a competentperson or persons, satisfactory to the Owner's Representative, to
make such trial usage, such trial being under the supervision of the Owner's Representative.
When early acceptance of a Substantially Completed portion of the Work is accomplished in the
manner indicated, the correction period for that period of the Work shall commence at the time of
substantial completion of that Work.
DELAYS, EXTENSION OF TIME, LIQUIDATED DAMAGES
Add: The term "unforeseeable cause" shall mean:
1. An act of God in the form of unusually severe weather conditions, including storms,
flood, fire or similar event, that could not have been anticipated or guarded against
and which materially affects the Work site, including access or egress thereto;
2. A riot or war situation actually involving the site or actually preventing the Contractor
from working on the site, but not including any situation involving suppliers off-site
other than those essential suppliers as supplied by the City; or
3. An unanticipated strike involving the forces actually working on the project or
involving the employees of those essential suppliers, but no other labor stoppage.
No event shall be deemed an Unforeseeable Cause for the purposes of this Agreement unless it
actually and directly necessitates a delay in the Work which could not be otherwise remedied by
taking reasonably prudent steps, and the Contractor could not reasonably adjust the schedule of
the remaining Work to deal with, make up for, or otherwise work around the delays resulting from
the Unforeseeable Cause(s).
The notice shall, in writing, specify the Unforeseeable Cause(s) and the anticipated effect it will
have on that Contractor's abilities to perform Contractor's obligations along with a plan to deal with
the effects of such Unforeseeable Causes and proposed amendments to all affected schedules
necessarily resulting there from.
. No adjustment shall be made to the Contract price, and the Contractor shall not be entitled to
claim or receive any additional compensation as a result of or arising out of any delay resulting in
the adjustment of the working time, due to any of the factors outlined within this Section and/or
Item 1.36.
Extensions of time because of "Unusually Severe Weather" will be granted only to the extent that
the numberof days of precipitation (0.01 inch or more) orthe numberof days of freezing weather
(32 degrees F and below) exceeds the mean forthat month, and because such unusually severe
weather prevented the execution of major items of Work on normal working days. The mean
number of days of precipitation and freezing weather shall be as established by the National
Oceanic and Atmospheric Administration for the closest reporting station to the project. It is the
Contractor's responsibility to request within seven (7) days of such occurrence a request for a time
extension and submit all data to substantiate the number of days requested due to such an
occurrence. The decision by the Project Administrator shall be final.
Claims for extension of time must be submitted within seven (7) days after the beginning of the
. PAGE 38 OF BID #3516 Bidder's InitiaI~
ANNUAL CONTRACT FOR
CONCRETE WORK
delay, and shall be in whole- or half-day increments.
Add: Unless specifically stated in another provision(s) of this Contract, whether relating to time of
performance or otherwise, Owner makes no representation or guarantee as to when the
construction site or any part thereof will be available for the performance of the Contract, or as to
whether conditions at the construction site will be such as to permit the Contract to be performed
thereon without interruption or by any particular sequence or method or as to whether the
performance of the Contract can be completed by the time required under this Contract or by any
other time. .
Add: The Contractor shall receive no compensation for delays or hindrances to the Work, except
as otherwise provided herein. No such extension oftime shall release the Contractor or the surety
on Contractor's performance bond from all Contractor's obligations hereunder which shall remain
in full force until the discharge of the Contract.
Add: Wherever in connection with this Contract it is required, expressly or otherwise, that Owner
shall perform any act relating to the Contract, including making available or furnishing any real
property, materials or other things, no guarantee is made by the Owner as to the time of such
performance and the delay of Owner in fulfilling such requirement shall not result in liability of any
kind on the part of Owner except only to the extent, if any, that an extension of time or
compensation may be due as expressly provided for in this Contract.
Add: Written notification shall be required for any party considered to be in breach ofthe Contract.
Such notification shall give at least seven (7) days' written notice of the alleged breach of the
Contract, specifying in what point the Contract has been violated and identifying appropriate
measures for compliance with the Contract. Failure of the notified party to respond within the
specified time may be cause for considering the notified party to be guilty of a substantial breach
of a provision of the Contract Documents.
CHANGE OR MODIFICATION OF CONTRACT
Add: The total origin Contract amount shall not be increased more than twenty-five percent (25%)
of the total award amount.
Add: When the changes in the Work are caused or requested by the Contractor, Contractor
agrees to bear costs of additional architectural services, both direct and indirect, required for
effecting the change, and to make acceptable adjustments in related construction at no additional
cost to Owner and without reduced quality in the Project.
Add: Where these Contract Documents refer to "Change Order," each reference shall be
understood to mean "Change Order, Construction Change, or Supplemental Agreement".
Add: Unilateral Modification: The Project Administrator may issue a unilateral modification at
anytime that a supplemental agreement cannot be reached by either party. In this instance this is
the final decision of the owner. The Contractor must submit in writing within 7 days any
disagreement with this unilateral modification. If this disagreement is not received in writing to the
Owner's Representative within 7 days from the date of the unilateral modification, the Contractor
accepts it, in its entirety, and waives it rights to any claims in regard to this unilateral modification.
This unilateral modification shall address changes in price or in time, if any.
PAGE 39 OF BID #3516 Bidder's Initials d!A--
ANNUAL CONTRACT FOR
CONCRETE WORK
Add: Interpretations and decisions of the Owner's Representative will be consistent with the intent
of and reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Owner's Representative will
endeavor to secure faithful performance by both Owner and Contractor.
Add: The Contract Times (or Milestones) may only be changed by a Change Order or Written
Modification
INCREASED OR DECREASED QUANTITIES OF WORK
Add: The Owner's Representative may authorize minor variations in the Work from the
requirements of the Contract Documents which do not involve an adjustment in the Contract Price
or the Contract Times or a change in scope and are compatible with the design concept of the
completed Project as a functioning whole as indicated by the Contract Documents. These may be
accomplished by a Field Order. The Contractor shall notify the Purchasing Official in writing prior
to beginning any Work addressed in a Field Order if the Contractor does not agree that the Work
involved represents no additional change of scope cost and/or time change in the Contract
Documents.
ALTERATION OF PLANS AND SPECIFICATIONS
Add: When requesting a substitution, the Contractor shall submit a statement of the reason for
the proposed substitution, with such substantiating documents as may be required by the Owner
for review. Proposed substitutions shall be subject to the Owner's final approval.
Add: Substitutions of materials, products, or suppliers constitute changes in the Work and must be
incorporated into the Contract by Change Order. The Contractor may propose substitutions only
. where one or more of the following conditions exist:
1. Specified material or product cannot be provided and incorporated into Work in time
allowed due to conditions beyond control of Contractor, or
2. The substitution is required for compliance with final interpretation of code
requirements or insurance regulations, or
3. Subsequent information reveals that the specified material or product will not
perform properly or fit correctly in the designated space, or
4. The manufacturer or fabricator refuses to certify or guarantee performance of the
specified product as required, or
5. Owner will benefit by improved project or reduced cost. Owner shall receive
appropriate benefit of any cost reductions.
EQUITABLE ADJUSTMENT CLAUSE
Add: The Equitable Adjustment relating to this contract shall be done when adjusting the contract
award amount. Increases in quantities above the lump sum bid and prior to final payment should
be made by modification by the Procuring Official before work is performed by the Contractor. All
funding must be approved before such increases. The Contractor has the obligation to notify the
PAGE 40 OF BID #3516 Bidder's Initial~
ANNUAL CONTRACT FOR
CONCRETE WORK
Owner's Representative if an increase is necessary or needed for the completion. This increase
must be approved before work is performed or materials ordered.
DISPUTED WORK AND CLAIMS FOR ADDITIONAL COMPENSATION
Add: If a Claim has not been resolved after consideration of the foregoing and of further evidence
presented by the parties or requested by the Owner, the Owner will notify the parties in writing that
the Project Administrator's decision will be made within seven (7) days. Upon expiration of such
time period, the Owner's Representative will render to the parties the Owner's written decision
relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there
is a surety and there appears to be a possibility of a Contractor's default, the Owner may, but is
not obligated to, notify the surety and request the surety's assistance in resolving the controversy.
Add: Written notice stating the general nature of the Claim, dispute, or other matter shall be
delivered by the claimant to Owner promptly (but in no even later than 7 days) after the start of the
event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with
supporting data shall be delivered to the Project Administrator within 30 days after the start of
such event (unless Project Administrator allows additional time for claimant to submit additional or
more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the provisions of paragraph 1.37.4 and
1.39 of these supplementary conditions. Each Claim shall be accompanied by claimant's written
statement that the adjustment claimed is the entire adjustment to which the claimant believes it is
entitled as a result of said event.
OWNER'S REPRESENTATIVE'S FINAL DETERMINATION
Add: It is expressly agreed by the Contractor and Contractor's surety that they and each of them
will be fully and completely bound by each and every decision of the Owner or Owner's
Representative in all matters pertaining to this Contract unless the Contractor or Contractor's
surety shall prove by clear, convincing and unmistakable proof that such decision is arbitrary and
not grounded upon any evidence of facts reasonably calculated to support such decisions.
Add: OWNER'S REPRESENTATIVE will be the initial interpreter of the requirements of the
Contract Documents and judge of the acceptabilityofthe Work thereunder. Claims, disputes, and
other matters relating to the acceptability of the Work, the quantities and classifications of Unit
Price Work, the interpretation of the requirements of the Contract Documents pertaining to the
performance of the Work, and Claims seeking changes in the Contract Price or Contract Times
will be referred to the ORDERING OFFICIAL in writing, in accordance with paragraph 1.39 and the
Terms and Conditions with a request for a formal decision. The Project Administrator's formal
decision shall be the Owner's final determination.
The rendering of a decision by the Project Administrator pursuant to this paragraph and with
respect to any such claim, dispute, or other matter (except any which have been waived by the
acceptance of final payments as provided in paragraph 1.51) will be a condition precedentto any
exercise by CONTRACTOR of any rights or remedies it may otherwise have under the Contract
Documents or by Laws or Regulation in respect to any such claim, dispute, or other matter.
INSPECTION AND TESTS
Add: Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
PAGE 41 OF BID #3516 Bidder's InitialsL
ANNUAL CONTRACT FOR
CONCRETE WORK
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall
make arrangements for such tests, inspections and approvals with an independent testing agency
hired by the Owner, or with the appropriate public authority. The Contractor shall give the Owner's
Representative (OR) timely notice of when and where tests and inspections are to be made so
the OR may observe such procedures. Approved inspections of the Work or portions thereof by a
public authority inspecting under a specific construction code shall not be considered final
acceptance of the Work. Final acceptance of the Work shall be under the authority ofthe OR and
the ProjectAdministrator. Unless otherwise provided, the Owner shall bear costs of services of
the independent testing agency when such services are specified by the Contract Documents and
result in evidence that the Work complies with requirements established in the Contract
Documents. The Contractor shall bear costs of all other services of the independent testing
agency, including but not limited to retesting of Work that has failed or been rejected, retesting of
Work not meeting requirements ofthe Contract, and expenses ofthe testing agency related to the
Contractor's mis-coordination of the Work to be observed or tested, and costs thereof deducted
from the Contract Sum.
Amend to read as follows: If the OR determines that any Work requires special inspection,
testing, or approval, the OR will, upon written authorization from the Owner, order such special
inspection, testing or approval. The Contractor shall give notice per this contract. If such special
inspection or testing reveals a failure of the Work to comply with the requirements of the Contract
Documents, the Contractor shall bear all costs thereof, including compensation for the OR's
additional services and any additional engineering or architectural services made necessary by
such failure, and an appropriate Change Order shall be issued. Otherwise, the Owner shall bear
such costs
FINAL INSPECTION
Add: The term "final acceptance" means agreement by the Owner that the Work; or any portion
thereof to which this term is applied, has been satisfactorily completed, providing that any
subsequent failure or other latent defect apparent within the Contractor's warranty period shall
invalidate a previous acceptance.
NO WAIVER OF RIGHTS OR ESTOPPEL
Add: Inspection by the OR; any order, measurement, quantity or certificate by the OR; any order
by the OWNER for payment of money; any payment for or acceptance of any work; or any
extension of time or any possession taken by the OWNER shall not operate as a waiver of any
provisions of the contract or any power therein reserved to the OWNER of any rights or damages
therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any
other or subsequent breach. The OWNER reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to adjust the same to meet the
requirements of the contract documents. The OWNER reserves the right to recover by process of
law sums as may be sufficient to correct any error or make good any deficiency in the work
resulting from such error, dishonesty or collusion by the CONTRACTOR of his agents anq the OR
of his assistants, discovered in the work after the final payment has been made. Neither final
acceptance of the work nor final payment shall relieve the CONTRACTOR of responsibility for
faulty materials or workmanship, and the CONTRACT shall promptly remedy and defects due
thereto and pay for any damage to other work resulting therefrom. Likewise, neither final
acceptance nor final payment, nor partial or entire use or occupancy of the work by the OWNER
shall constitute acceptance of work not done in accordance with the contract documents or relieve
PAGE 42 OF BID #3516 Bidder's 'nitia'sL
ANNUAL CONTRACT FOR
CONCRETE WORK
CONTRACTOR of liability with respect to any expressed or implied warranties or responsibility for
faulty materials or workmanship, whether same be patently or latently defective.
CONTRACTOR DEFAULT, OWNER'S RIGHT TO SUSPEND WORK AND ANNUAL WORK
Add: Upon the suspension of a Contract for furnishing material, machinery, or associated labor,
the Owner may purchase the material or machinery, or associated labor necessary in the opinion
of the Owner to complete the Contract in such manner as the Owner may deem proper, and the
cost and expense thereof may be charged to the Contractor and/or Contractor's surety. Upon
suspension of a Contract for construction or installation, the Owner may, in its discretion, take
possession of all or any part of the machinery, tools, appliances, materials and supplies used on
the Work covered by the Contract, orthat have been shipped or delivered byoron account of the
Contractor for use in connection therewith, and the same may be used either directly by the
Owner, or by other parties for it, for the completion of the Work so suspended; orthe Owner may
employ other parties to perform the Work, or may substitute other machinery or materials,
purchase the material contracted for in such manner as it may deem proper, or hire such parties
and buy such machinery, tools, appliances, materials and supplies, at the Contractor's expense,
as may be necessary in the opinion of the Owner, for the proper conduct and completion of the
Work.
Add: The Contractor-assumes the risk of all suspensions of or delays in performance of the
Contract, regardless of length thereof, arising from all causes whatsoever, whether or not relating
to this Contract, including wrongful acts or omissions of Contractor's subcontractors except only to
the extent, if any, that compensation or an extension of time may be due as expressly provided for
elsewhere in this Contract for such suspension or delays. And subject only to such exception, the
Contractor shall bear the burden of all costs, expenses and liabilities which Contractor may incur
in connection with such suspensions or delays, and all such suspensions, delays, costs, expenses
and liabilities of any nature whatsoever, whether or not provided for in this Contract, shall
conclusively be deemed to have been within the contemplation of the parties.
Add: The written order of the OWNER to the CONTRACTOR shall state the reasons for
suspending the work and the anticipated periods for such suspension. Upon receipt of the
OWNER's written order, the CONTRACTOR shall suspend the work covered by the order and
shall take such means and precautions as may be necessary to properly protect the finished and
partially finished work, the unused materials and uninstalled equipment, including the providing of
suitable drainage about the work and erection of temporary structures where necessary. The
CONTRACTOR shall not suspend the work without written direction from the OR and shall
proceed with the work promptly when notified by the OR to resume operations.
Add: Any cost, damage and expense to the Owner above the Contract price arising out of the
happening of any or all of the contingencies in 1.44 (General Conditions) specified and
contemplated shall be charged to and paid in full by the Contractor and/or Contractor's surety.
Any other loss, of any nature, occasioned to the Owner by reason of default or failure of the
Contractor and/or by any breach of this Contract shall also be borne and paid by the Contractor
and/or Contractor's surety. In the event that the Owner shall suspend the Contract or take over
the Work in whole or in part, such action shall not relieve either the Contractor or Contractor's
surety from any of the covenants, conditions, obligations or liabilities imposed upon them by this
Contract and/or by the Contractor's bond_
PAGE 43 OF BID #3516
Bidder's Initials ~
ANNUAL CONTRACT FOR
CONCRETE WORK
SUBCONTRACTS
Add: The Contractor shall not contract with any person or entity declared ineligible under Federal
laws or regulations from participating in Federally assisted construction projects or to whom the
Owner or the Project Administrator has made reasonable objection under the provisions of this
contract.
Add: The Contractor shall notify the Owner/Project Administrator in writing when the Contractor
proposes to change any subcontractor, person or entity previously selected. Replacement of the
subcontractor shall not provide a basis for an increase or decrease of the Contract amount.
Add: (a) Nothing contained in the contract shall be construed as creating any contractual
relationship between any subcontractor and the City. The divisions or sections of
the specifications are not intended to control the Contractor in dividing the work
among subcontractors, or to limit the work performed by any trade.
(b) The Contractor shall be responsible to the City for acts and omissions of his own
employees and of subcontractors and their employees. He shall also be responsible
for the coordination of the work of the trades, subcontractors and suppliers.
(c) The City will not undertake to settle any differences between or among the
Contractor, subcontractors, or suppliers.
WAGE RATES
Add as a new subparagraph: Contractor and Subcontractors shall comply with V.T.C.A.
(3overnment Code Chapter 2258, as amended, in performing this project. In accordance with
Chapter 2258, as amended, the prevailing wage rates as set forth in the Contract Documents shall
be paid on this project. For overtime work and legal holidays, the hourly rate shall be one and
one-half times the basic hourly rate set forth in Schedule "PV-1", a copy of which is attached
hereto and incorporated herein for all purposes. The City may require an affidavit stating that the
contractor has complied with the prevailing wage rate provision ofthe Contract Documents prior to
acceptance of the project or at any time during or after completion of the contract.
The City reserves the right to conduct interviews with the Contractor's and subcontractors'
employees to insure compliance with V.T.CA Govemment Code Chapter 2258, as amended and
with all applicable local, state and federal laws. Upon written request by City, the Contractor shall
be responsible for submitting payroll information to the City for all employees performing work on
the project, whether employed by the Contractor or a subcontractor. Each submittal shall be
certified by the Contractor as to completeness and accuracy.
A Contractor or subcontractor in violation of Chapter 2258 of the Texas Government Code, as
amended, is liable for a penalty. That Contractor or subcontractor shall pay to the City Sixty and
NO/100 Dollars ($60.00) for each laborer, worker, or mechanic employed for each calendar day,
or portion thereof, that such laborer, worker, or mechanic is paid less than the prevailing wage
rates specified herein for work done under this contract. Nothing herein shall preclude the
Contractor or subcontractor from paying higher wages than specified herein.
If the construction project involves the expenditure of federal funds in excess of Two Thousand
and NO/100 Dollars ($2,000.00), the minimum wages to be paid various classes of laborers and
PAGE 44 OF BID #3516 Bidder's Initials ()~
ANNUAL CONTRACT FOR
CONCRETE WORK
mechanics will be based upon the wages determined by the Secretary of Labor to be prevailing on
a project of a character similar to the contract work in the City of Denton or the Prevailing Wage
Rates, whichever is higher.
A Contractor or Subcontractor violating a requirement of this paragraph may be determined
ineligible to submit future proposals on or to receive any additional work during the calendar year
following the year in which the violation occurred.
MONTHLY ESTIMATE, PARTIAL PAYMENTS, RETAINAGE, FINAL INSPECTION,
ACCEPTANCE AND FINAL PAYMENT
Add: After CONTRACTOR has satisfactorily completed all corrections identified during the final
inspection and has delivered, in accordance with the Contract Documents, all maintenance and
operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance
certificates of inspection, marked-up record documents and other documents, CONTRACTOR
may make application for final payment following the procedure for progress payments.
RETAlNAGE
The amount of retainage with respect to progress payments will be five percent (5%) of the total
amount of completed Work and properly stored materials on hand. In addition to the amount
retained above, the OWNER may retain additional amounts as set forth elsewhere in the Contract
Documents.
The Owner shall not be deemed to be in breach of this Contract by reason of the withholding of
any payment pursuant to any provision of the Contract Documents unless the Work for which
payment is being withheld would have been rejected by any governmental authority, the Owner,
Owner's Representative or Project Administrator.
In no event shall any interest be due and payable by the Owner to the Contractor, any
Subcontractor or any other party on any of the sums payable by the Owner under this Contract,
including, without limitation, the sums which the Owner is authorized to retain pursuant to the
Contract Documents.
FINAL INSPECTION AND ACCEPTANCE
Add: In the event the CONTRACTOR fails to attain Substantial Completion of the Project within
the Contract Time set forth in the Contract Agreement, the OWNER may withhold money
permanently from the CONTRACTOR's total compensation as liquidated damages. In the event
the CONTRACTOR fails to attain Final Completion of the entire Project within the Contract Time,
the OWNER may withhold money permanently from the CONTRACTOR's total compensation, the
amount indicated in the contract per day as liquidated damages. The OWNER will be the sole
judge as to whether the work has been completed within the allotted time. Accordingly, it is
agreed and understood that said amount is to be assessed by the OWNER, not as a penalty, but
as a predetermined and agreed upon liquidated damage. Additionally, assessment of liquidated
damages by the OWNER shall not constitute a waiver of the OWNER's right to sue and collect
additional damages which OWNER may sustain by the failure of the CONTRACTOR to perform in
accordance with the terms of its Contract.
Add: If after Substantial Completion of the Work final completion thereof is materially delayed
though no fault of the CONTRACTOR, and the Owner's Representative so confirms, OWNER,
PAGE 45 OF BID #3516 Bidder's Initials~
ANNUAL CONTRACT FOR
CONCRETE WORK
upon certification by OR, and without terminating the Agreement,. may make payment of all of a
portion of the balance due for that portion of the Work fully completed and accepted. If the
remaining balance for the Work not fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been furnished as required in the contract, the
written consent of the surety to payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by the CONTRACTOR to OR prior to certifications of
such payment. Such payment shall be made under the terms and conditions governing final
payment, except that is shall not constitute a waiver of claims.
The acceptance of final payment by the CONTRACTOR shall constitute a waiver of all claims by
CONTRACTOR against OWNER. Contractor shall provide a release of claims for each final
payment requested. The final payment will be rejected and returned for non-payment if there is
not a duly executed release of claims by the Contractor.
PAYMENT WITHHELD
Add: OWNER may permanently withhold payment from Contract Price for:
· liquidated damages incurred by CONTRACTOR
· costs for tests performed by the OWNER to verify that work previously tested and found to
be defective has been corrected. Verification testing is to be provided at the
CONTRACTOR's expense to verify products or constructed works are in compliance after
corrections have been made.
EQUAL OPPORTUNITY
Add: The Contractor and the Contractor's Subcontractors shall, in all solicitations or
advertisements for employees placed by them or on their behalf, state that all qualified applicants
will receive consideration for employment without regard to race, religion, color, sex, age, disability
or national origin.
. TERMINATION FOR CONVENIENCE BY THE OWNER
Add: This Contract provides for Termination for Convenience. The Contract may be terminated by
the Owner if the need for the completed project is obviated or the funds required to complete the
project are no longer available or for other reasons related to the Owner's needs or convenience.
Such action by the Owner may be taken after the schedule of notification specified in the Contract.
The Owner shall be responsible to the Contractor for payments for all portions of the Work
completed and accepted by the Owner at the time of the notification, including payment for
materials and equipment, which have been purchased by the Contractor for incorporation into the
Work. This amount shall be determined by the Owner based upon Work that has been accepted
and the remaining Work to be completed in accordance with the Contract Documents. Under this
termination, the Owner shall not be responsible to the Contractor for anticipated profits or other
expenses of the project related to the future Work not to be performed.
Add: If, after notice of termination of the employment of the Contractor, it is determined for any
reason that the Contractor was not in default of the Contract, or other specified reason for
termination has been found to be invalid, the rights and obligations of the parties shall be he same
as if the notice of termination had been issued pursuant to Termination for Convenience. The
Contract shall be equitably adjusted to compensate for such termination and the Contract
modified accordingly.
PAGE 46 OF BID #3516
Bidder's InitialsL
ANNUAL CONTRACT FOR
CONCRETE WORK
CONTRACTOR ACTION
Add: After a receipt of a notice of termination, and except as otherwise directed by the Owner, the
CONTRACTOR shall:
1. stop work under the contract on the date and to extent specified in the notice of
termination;
2. place no further order or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion the work under the contract as is not terminated;
3. terminate all orders and subcontract to the extent that they relate to the performance of
work terminated by the notice of termination;
4. transfer title to the OWNER and deliver in the manner, at the times, and to the extent, if
any.
a. the fabricated or unfabricated parts, work in process, completed work, supplies and
other material produced as a part of, or acquired in connection with the performance of, the
work terminated by the notice of termination; and '
b. the completed or partially completed plans, drawings, information and other property
which, if the contract had been completed, would have been required to be fumished to the
OWNER
5. complete performance of such part of the work as shall not have been terminated by the
notice of termination; and
6. take such action as may be necessary, or as the OR may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
CONTRACTOR and in which the OWNER has or may acquire an interest. At a time not
later than 30 days after the termination date specified in the notice of termination, the
CONTRACTOR may submit to the OWNER a list, certified as to the quantity and quality, of
any or all items of termination inventory not previously disposed of, exclusive of items the
disposition of which has been directed or authorized by the Owner's Representative. Not
later than 15 days thereafter, the OWNER shall accept title to such items and remove them
or enter into a storage agreement covering the same, provided that the list submitted shall
be subject to verification by the OWNER upon removal of the items, or, if the items are
stored, within 45 days from the date of submission of the list, and provided that any
necessary adjustments to correct he list as submitted shall be made prior to final
settlement.
Add: Within 60 days after notice of termination, the CONTRACTOR shall submit his termination
claim to the Project Administrator in the form and with the certification prescribed by the Project
Administrator. Unless one or more extension in writing are granted by the Project Administrator
upon request of the CONTRACTOR, made in writing within such 60-day period or authorized
extension thereof, any and all such claims shall be conclusively deemed waived.
Add: Subject to the provisions of this contract, the CONTRACTOR and OWNER may agree upon
the whole or any part of the amount or amounts to be paid to the CONTRACTOR by reason of the
total or partial termination of work pursuant hereto, provided that such agreed amount or amounts
shall never exceed the total contract price as reduced by the amount of payments otherwise made
and as further reduced by the contract price of work not terminated. The contract shall be
PAGE 47 OF BID #3516 Bidder's Initials 4--
ANNUAL CONTRACT FOR
CONCRETE WORK
amended accordingly, and the CONTRACTOR shall be paid the agreed amount. No amount shall
be due for lost or anticipated profits. Nothing in these provisions hereunder, prescribing the
amount to be paid to the CONTRACTOR in the event of failure of the CONTRACTOR and the
OWNER to agree upon the whole amount to be paid to the CONTRACTOR by reason of the
termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise
determine or affect the amount or amounts which may be agreed upon to be paid to the
CONTRACTOR pursuant to this paragraph. .
Add: I n the event of the failure of the CONTRACTOR and the OWNER to agree, as provided in
these provisions, upon the whole amount to be paid to the CONTRACTOR by reason of the
termination of work pursuant to this section, the OWNER shall determine, on the basis of
information available to it, the amount, if any, due to the CONTRACTOR by reason of the
termination and shall pay to the CONTRACTOR the amount determined. No amount shall be due
for lost or anticipated profits.
In arriving at the amount due to the CONTRACTOR under this section, there shall be deducted:
* all unliquidated advance or other payments on account theretofore made to the
CONTRACTOR, applicable to the terminated portion of this contract;
* any claim which the OWNER may have against the CONTRACTOR in connection with
this contract; and
The agreed price hereunder shall be partial prior to the settlement of the terminated portion of this
contract, the CONTRACTOR may file with the Owner's Representative a request in writing for an
equitable adjustment of the price or prices specified in the contract relating to the continued
portion of the contract (the portion not terminated by the notice oftermination), and such equitable
adjustments as may be agreed upon shall be made in such price or prices; nothing contained
herein, however, shall limit the right of the OWNER and the CONTRACTOR to agree upon the
amount or amounts to be paid to the CONTRACTOR for the completion of the continued portion
of the contract when said contract does not contain an established contract price for such
continued portion.
Nothing contained in this section shall limit or alter the rights which the OWNER may have for
termination of this contract under these provisions hereof entitled "CONTRACTOR default;
OWNER's Right to Suspend Work and Annual Contract" or any other right which OWNER may
have for default or breach of contract by CONTRACTOR.
STATE AND LOCAL SALES AND USE TAXES
Add: The Contractor shall be responsible to pursue with the State Comptroller any tax exemption
. for equipment and materials to be incorporated into this project.
SEVERABILITY
Add: If any of terms, paragraphs, sections, provisions, covenants or conditions of the Contract are
held for any reason to be invalid, void or unenforceable, the remainder of the terms, paragraphs,
sections, provisions, covenants or conditions will remain in full force and effect and shall in no way
be affected, impaired or invalidated.
PAGE 48 OF BID #3516
Bidder's Initials ~
ANNUAL CONTRACT FOR
CONCRETE WORK
ENGLISH VERSION
Add New: In the event of inconsistency between any terms of this contract and any translation
thereof into another language. the English language meaning shall control.
END OF SUPPLEMENTARY CONDITIONS
PAGE 49 OF BID #3516
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ANNUAL CONTRACT FOR
CONCRETE WORK
LABOR STANDARDS AND SCHEDULE OF APPLICABLE WAGE RATE
WAGES AND OVERTIME
A. Overtime: Work that the contractor performs on overtime for the contractor's benefit is not billable to
the Owner.
B. Waqe Rates: Requirements
a) Pay not less than the minimum wage scale and benefits indicated on the "Minimum Wage
Schedule" provided herein.
b) Wages listed are minimum rates only.
c) No claims for additional compensation will be considered by the Owner because of
payments of wage rates in excess of the applicable rate contained herein.
1. Aoolicable Statutes: Vemon's Civil Statutes, Section 2 of Article 5159a, which states as
follows:
"...The contractor shall forfeit as a penalty to the State, County, City and County, City, Town,
District or other political subdivision on whose behalf the contract is made or awarded, ten
dollars ($10.00) for each laborer, workman or mechanic, for each working day, or portion
thereof, such laborer, workman or mechanic is paid less than the said stipulated rates for any
work done under said contract, by him, or by any subcontractor under him, and the public body
awarding the contract shall cause to be inserted in the contract a stipulation to this effect..."
2. Pavroll: In compliance with Article 5159a, Sections 2 and 3,of the Revised Civil Statute
referenced above, the Owner reserves the rights as defined by Section 3 which states as
follows:
"Sec. 3. The contractor and each subcontractor shall keep, or cause to be kept, an accurate
record showing the names and occupations of all laborers, workmen and mechanics
employed by him, in connection with the said public work, and showing also the actual per
diem wages paid to each of such workers, which record shall be open at all reasonable
hours to the inspection of the public body awarding the contract, its officers and agents."
3. Minimum WaGe Rates:
a) Pay prevailing basic wage listed, plus any applicable fringe benefits.
PREVAILING WAGE SCALE NOTICE
i. Prevailing wages shall not be construed to prohibit the payment of more than the rates
named. Under no condition shall any laborer, workman or mechanic employed on this
jOb be paid less than the minimum wage scale.
Ii. In execution of this contract, the contractor must comply with all applicable state and
federal laws, including but not limited to laws concerned with labor, equal employment
opportunity, safety, and minimum wage.
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ANNUAL CONTRACT FOR
CONCRETE'WORK
~ "
iii. The following wage rates have been represented to the Owner as being relatively current
and accurate. Anyone knowing these wage rates to be in error shall bring this to the
attention of the Owner's representative so an Addendum can be issued, if the new rates
can be substantiated. The Owner and Owner's representative shall not be held
responsible for errors in these wage rates.
c) Apprentice Pay - All Trades and Crafts: The minimum rate for apprentices shall be in
accordance with the scale determined by an approved apprenticeship program or $1.00 per
hour less than journeyman's rates, whichever is lower. An approved apprenticeship program
is one approved by the U.S. Department of Labor, Bureau of Apprenticeship Training, and
only apprentices enrolled in an approved program may be paid apprenticeship rates.
d) Base Per Diem Rate: Hours worked per day, times base hourly rate.
e) Multipliers for Overtime Rates:
i. Over 40 hours per week: Base hourly rate times 1.5.
ii. Holidays: Base hourly rate times 1.5.
PERMITS
A. The contractor shall obtain all permits required and give all legal notices. All City permits can be
obtained at no cost to the contractors. All other non-city fees are the responsibility of the contractor.
Contractor shall comply with all ordinances and laws. Any and all work done which does not meet
the requirements of any local authorities must be properly redone, and incidental work replaced by
the contractor, without any cost to the Owner.
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Bidder's Initials:i1!l--