RFB 26-048 Annual Contract Concrete Curb_ Gutter_ and Flatwork.pdf

PURCHASING DEPARTMENT

Bryan, TX 77803

Phone: (979) 209-5500 ● Fax: (800) 296-4077

REQUEST FOR BID

RFB 26-048 Annual Contract for Concrete Curb, Gutter, and Flatwork

DATE ISSUED: August 6, 2026

SEALED BIDS TO BE SUBMITTED BEFORE:

2:00 PM, August 27, 2026

Bid Opening via Zoom:

https://us02web.zoom.us/j/89907158028?pwd=coABosDswIpqkdRo93cCAj5G4VFjDd.1

Meeting ID: 899 0715 8028

Passcode: 134763 Dial In: 1-346-248-7799

Contractor: _________________________________

TABLE OF CONTENTS

INTRODUCTION

SCHEDULE OF EVENTS

TERMS AND CONDITIONS

PROVISIONS FOR BIDDING

BID SPECIFICATIONS ..................................................................................................... 25-54

BID SHEETS .................................................................................................................... 55-56

METHOD OF PAYMENT

FELONY CONVICTION NOTIFICATION

REFERENCES

CERTIFICATION PAGE…………………………………………………………

STATEMENT OF CONTRACTOR

CONTRACT……………………………………................ …………………………………………63

EXHIBIT C - INSURANCE REQUIREMENTS

INTRODUCTION

The City of Bryan is seeking Bids from qualified Offerors to establish an annual contract for Concrete Curb, Gutter, and Flatwork services as described in the Scope of Work for the City of Bryan.

Non-Mandatory Pre-Bid Meeting to be held via Zoom:

August 18th at 10:00 AM

Link:

https://us02web.zoom.us/j/88090657003?pwd=PM15YrtLGuRwxsdh7rBwDM0ROW9aM4.1

Meeting ID: 880 9065 7003

Passcode: 574217 Dial In: 1-346-248-7799 (US)

In order to ensure a fair and objective RFB process and evaluation, all questions and inquiries related to this Request for Bid shall be addressed in writing via the Brazos Valley e- Marketplace Online Bidding System (https://brazosbid.ionwave.net). The deadline for written questions and inquiries is August 21, 2026 @ 10:00 AM. Contact with any City of Bryan employee or official is prohibited without prior written consent from the Purchasing Department or designee. Offerors contacting any other employee(s) or official(s) without prior written consent risk elimination of their Bid from further consideration.

Electronic response packages/bids, in the format prescribed herein, shall be uploaded to https://brazosbid.ionwave.net (“Bidding Portal”) until 2:00 PM CST, August 27, 2026.

Bidders are solely responsible for ensuring bids are uploaded to the Bidding System prior to the stated deadline. Bids not submitted by the time the Bidding Portal officially closes this RFB, will not be accepted by any other means.

Alternatively, if you choose to submit a hard copy, one (1) original bid response must be returned in a sealed envelope clearly bearing the name and address of the respondent. Sealed bid responses must be received by 2:00 PM CST, August 27, 2026 and shall be delivered to the location noted below:

RFB #26-048

Vicki Harris, Buyer

City of Bryan, Purchasing Department 2811 N Earl Rudder Fwy

Bryan, Texas 77803

Bids will be publicly opened and read aloud immediately following closing via Zoom.

Plans, Specifications and Information for Bidders are online at https://brazosbid.ionwave.net or may be examined at the Purchasing Department Office at 2611 N Earl Rudder Fwy, Bryan, Texas 77803 (979) 209-5505. No Bid may in any way qualify, modify, substitute or change any part of the specifications or contract documents.

The City believes that the data contained in these specifications is sufficient for the preparation of Competitive Sealed Bids. Requests for additional information will be https://us02web.zoom.us/j/88090657003?pwd=PM15YrtLGuRwxsdh7rBwDM0ROW9aM4.1 https://brazosbid.ionwave.net/ https://brazosbid.ionwave.net/ considered depending on the Bid time frame and the availability of the requested information.

Such information will be submitted to all known Bidders simultaneously on the website mentioned above.

Disclosure Requirements Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Bryan, including affiliations and business and financial relationships such persons may have with City of Bryan officers. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the new law are available at:

http://www.bryantx.gov/departments/index.html?name=texas_ethics .

If you are unable to obtain such information online, please contact the City of Bryan Purchasing Department, 2811 Earl Rudder Fwy, Bryan, Texas 77803 or call (979)209-5500.

BY DOING BUSINESS OR SEEKING TO DO BUSINESS WITH THE CITY OF BRYAN,

YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF THE REQUIREMENTS OF

CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE AND THAT YOU ARE

SOLELY RESPONSIBLE FOR COMPLYING WITH THEM.

Disclosure of Interested Parties:

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The process as implemented by the Commission is as follows:

1. A business entity must use the application to enter the required information on Form 1295 and print a copy of the form and a separate certification of filing that will contain a unique certification number.

2. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 and certification of filing must be filed with the city “at the time the business entity submits the signed contract” to the city.

3. The city must notify the Commission, using the Commission’s filing application, of the receipt of the filed Form 1295 and certification of filing not later than the 30th day after the date the contract binds all parties to the contract.

For more information regarding how to file Form 1295, please click on the following link:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm .

http://www.bryantx.gov/departments/index.html?name=texas_ethics http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

SCHEDULE OF EVENTS

• August 6 – Release Bid

• August 18, 2026 at 10:00 AM – Non-Mandatory Pre-Bid Meeting via Zoom:

Meeting ID: 880 9065 7003

Passcode: 574217 Dial In: 1-346-248-7799 (US)

• August 21, 2026 at 10:00 AM – Deadline for written requests for clarifications to the

RFB. All questions related to this Request for Bid shall be addressed in writing, via the Brazos Valley Online Bidding System (https://brazosbid.ionwave.net)

• August 27, 2026 at 2:00 PM – Submit responses addressed as below. Any Bid received on or after 2:00 PM CST will be returned unopened. Failure to properly address the outside of envelope/package may result in late delivery to buyer.

RFB #26-048

Vicki Harris, Buyer

City of Bryan, Purchasing Department 2611 N Earl Rudder Fwy

Bryan, Texas 77803

Public Bid opening via Zoom at 2:00 PM

Meeting ID: 899 0715 8028

Passcode: 134763 Dial In: 1-346-248-7799

• October: Anticipated date of award.

TERMS AND CONDITIONS

Definitions In order to simplify the language throughout this request for Bids, the following definitions shall apply:

CITY - Same as City of Bryan.

CITY COUNCIL - The elected officials of the Cities of Bryan, Texas who have been given the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and laws.

CONTRACT - An agreement between the City and a Contractor to furnish products over a designated period of time during which repeated purchases are made of the commodities specified.

CONTRACTOR - The successful Bidder(s) of this Bid request.

RFB - Request for Bids.

Instructions The following instructions apply to all Bids and become a part of terms and conditions of any Bid submitted to the City of Bryan Purchasing Department, unless otherwise specified elsewhere in this Bid request.

Notification The City of Bryan uses multiple channels for the notification and dissemination of all invitations to Bid. Approved methods of dissemination include: City of Bryan website or the City of Bryan Purchasing office. The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your Bid non-compliant. The City of Bryan accepts no responsibility for the receipt or notifications of solicitations through any other source.

Form SEALED Bids must be submitted on this form only. Bidders are required to submit one (1) original Bid. All Bids submitted must be itemized with prices extended when practical.

Felony Conviction Notification All Bidders must submit with their Bid the Felony Conviction Notification form if contained within this Bid package. Failure to acknowledge and submit the completed Felony Conviction Notification form is sufficient cause for the Bid to be rejected.

Bid Return Bid must be sealed, and to ensure proper recognition upon its arrival, list your Company Name, Bid Name on the outside of your envelope. Bids must be completed and submitted on the forms found within the Specifications.

Late Bids Bids must be received by the Purchasing Department prior to 2:00 PM CST on the date indicated on this form. Late Bids will not be opened and will be returned to the bidder unopened.

Acceptance The City of Bryan reserves the right to accept or reject any or all Bids, to waive any informalities and technicalities, to accept the offer considered most advantageous in order to obtain the best value for the City. Causes for rejection of a Bid may include, but shall not be limited to, the bidder’s current violation of any City ordinance, the bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligations under a contract with the City. Bidders may be disqualified and rejection of Bids may be recommended for any (but not limited to) of the following causes: 1) Failure to use the Bid form furnished by the City; 2) Lack of signature by an authorized representative on the Bid form; 3) Failure to properly complete the Bid; 4) Evidence of collusion among bidders; 5) Omission of uncertified personal or company check as a Bid guarantee (if Bid Bond required); or 6) Unauthorized alteration of Bid form. City reserves the right to waive any minor informality or irregularity.

All Bidders are hereby notified that the City of Bryan shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including, but not limited to the purchase price, the proximity of the bidder as it relates to his ability to perform the contract for the City of Bryan, the delivery date, the reputation of the bidder and the bidder’s goods or services, the quality of the bidder’s goods or services, the bidder’s past performance under contracts with the City of Bryan and the bidder’s compliance with City ordinances.

The City of Bryan, Texas is committed to obtaining its goods, products and services at the lowest price possible which benefits all the citizens of Bryan. Therefore, in order to accomplish this objective/goal, it is not the intention of the City neither to exclude particular Contractors or manufacturers. Names, trade names, brand names, catalog numbers, technical data, etc. used in the specifications are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive. Alternate Bids on similar or comparable products and services of any manufacturer or Contractor equal to the products and services described in the specifications are invited and will be given careful consideration provided the alternate will accomplish the same task. The City of Bryan shall be the sole judge on whether the alternate product and service is similar to, equal to and in compliance with that specified. The decision of the City shall be final.

"In literal compliance" in reference to standards and specifications shall mean the meeting or exceedance of all or nearly all of the said standards and specifications. If the City determines that standards and specifications are in literal compliance where not all standards and specifications have been met or exceeded, the City must base such a determination on its finding that any standards and specifications which have not been met or exceeded do not render the bidder’s product any less usable for the purpose for which it is intended.

Collusion Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of Bids, whether in response to advertising or an informal request for Bids, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void all Bids of that particular Bid solicitation or request.

Irregular Bid Submittals Bids will be considered irregular and may be rejected by the City of Bryan if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate Bids, or irregularities of any kind. However, the City reserves the right to waive any irregularities and to make the award providing the best value to the City.

Award of Contract The Bid award may be based on, but not necessarily limited to, the following factors:

a. Conformity to specifications:

b. the purchase price, including payment discount terms;

c. the reputation of the bidder and of the bidder’s goods or services;

d. the quality of the bidder’s goods or services;

e. the extent to which the goods or services meet the City’s needs;

f. the bidder’s past relationship with the City;

g. delivery terms;

h. payment terms;

i. availability of repair and maintenance parts;

j. financial condition;

k. the total long-term cost to the City to acquire the bidder’s goods or services; and

l. any relevant criteria specifically listed in this request for Bid.

The City prefers to award the entire contract to a single Contractor; although, the City reserves the right to award a primary contract and a secondary contract in an effort to secure a back-up Contractor to be used in emergency situations in the event the primary Contractor is unable to respond as needed.

Financial Condition This contract shall become effective from date of acceptance and approval by the City of Bryan. It shall remain in full force and effect with Contractor fixed Bid prices for a period of twelve (12) months. Contractor must provide audited financial statements, if requested, to the City.

Term of Contract This contract shall become effective from date of acceptance and approval by the City of Bryan. It shall remain in full force and effect with Contractor fixed Bid prices for a period of twelve (12) months.

Extension of Contract The City shall have the option of extending this contract, subject to approval of funding and review of the service provided by the Contractor, for four (4) additional one (1) year terms to be extended one (1) year at a time. Contracts are extended upon mutual agreement of both

Contractor and the City. The City of Bryan will not consider Contract extensions which include any increase in unit Bid prices.

Escalation/De-escalation The parties agree that the supplier has based its proposal on certain pricing assumptions of materials to be incorporated into the work specified herein. However, the market for products that are specified herein is considered by both parties to be volatile, and sudden price increases could occur that are beyond the control of the supplier, despite its best efforts.

Therefore, the parties agree that if there is a bona fide increase to the supplier of the material(s) specified herein (not labor), the supplier may request an equitable adjustment to this contract based on the Producer Price Index for Intermediate Goods, Table B, as it appears in the "Summary Data from the Producer Price Index News Release” as published by the U.S. Department of Labor, Bureau of Labor Statistics. This index shall be referred to as the materials index.

Proposal prices may only be adjusted annually. Supplier(s) are required to give a 30-day written notice before price increases based upon the change in pricing assumptions.

The proposal, as submitted herein, is considered the base price for the materials specified herein as of date of contract award and shall remain in effect for 12 months hereafter called the reference base period. Prices may be adjusted annually in 12 months after contract award and on the anniversary after first 12 months consideration of each year, based upon the percent changes (whether up or down) in the special index specified herein. All calculations for the special index shall be based upon the latest versions of the Producer Price Index data published as of the 12-month interval and anniversary date.

Under no circumstances shall the proposal prices increase, aggregately, more than eight percent (8%) during the course of the agreement and any subsequent renewals.

Any agreement awarded with an escalation clause shall be subject to de-escalation provisions in the same or similar manner in the event of cost reductions.

Assignment of Contract This contract cannot be transferred or assigned to another party without the written consent of the City's Purchasing Agent and may be subject to cancellation if such consent is requested.

Contract Termination The City may terminate this Contract at any time upon thirty (30)-calendar days written notice. Upon the Contractor’s receipt of such notice, the Contractor shall cease work immediately. The Contractor shall be compensated for the services satisfactorily performed prior to the termination date.

If, through any cause, the Contractor fails to fulfill its obligations under this Contract, or if the Contractor violates any of the agreements of this Contract, the City has the right to terminate this Contract by giving the Contractor five (5) calendar days written notice. The Contractor will be compensated for the services satisfactorily performed before the termination date.

Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the Contractor’s name from the bidder’s list for receiving future Bids.

Reimbursements There is no expressed or implied obligation for The City of Bryan to reimburse responding Contractors for any expenses incurred in preparing Bids in response to this Request for Bids and City of Bryan will not reimburse responding Contractors for these expenses, nor will the City of Bryan pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

Certification RFBs must be completed and submitted as required in this document. Certification form must be fully completed. Failure to submit the certification form within the sealed RFB will result in the RFB being rejected as non-responsive.

Minority Owned Businesses Minority business enterprises will be afforded full opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race color, creed, sex, or national origin in consideration for an award.

City Ordinances The City of Bryan also reserves the right to reject the Bid of any bidder who is currently in violation of any City ordinance. The City may, at its option, choose to negotiate a settlement of the ordinance violation as a condition of the Bid award.

Error-Quantity Bids must be submitted on units of quantity specified. In the event of errors in extended prices, the unit price shall govern. Any suggested quantity to secure better prices is welcomed. When discrepancies occur between words and figures, the words shall govern.

Quantities Quantities indicated in the Bid are estimated based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the unit Bid prices.

Variations Any variation from these specifications must be indicated on the Bid sheet(s).

F.O.B.-Damage Bids will not be considered unless Bid F.O.B. delivered Bryan, Texas. If shipping costs are not included in the unit Bid price, bidder must give exact delivery cost, which is to be prepaid or added to the invoice. The City of Bryan assumes no liability of goods delivered in a damaged or unacceptable condition.

Firm Prices Bidders must hold Bid prices Contractor for 90 days after the Bid opening date to allow the City sufficient time to award a contract. Once a Contract is awarded, the successful bidder must hold Bid prices Contractor for the duration of the Contract.

Cooperative Agreements Successful bidder agrees to extend prices and terms to all governmental entities that has entered into, or will enter into, joint purchasing inter-local cooperation agreements with the City of Bryan.

Authorized Signature Bids must show Contractor’s full name and mailing address of bidder and be manually signed by an authorized sales or quotation representative of the bidder. Contractor name and authorized signature should appear on each page of Bid where spaces are provided.

Submission of a signed

Withdrawal-Alteration of Bids Bids cannot be altered after receiving time or opening time. No Bid may be withdrawn after opening time without acceptable reason in writing and with the approval of the purchasing agent.

Lump Sum Bids Lump sum Bids will be considered only if unit prices are quoted also. However, the totals of such quoted unit prices and the lump sum Bids will not be considered if the price quoted also involves prices of commodities requested on an entirely separate Bid request.

All-or-None Bids All-or-none Bids will be considered only if bidder quoted prices on all items requested. If a bidder desires the City to consider an all-or-none Bid, it must be stated on the Bid sheet(s).

All-or-none Bids will not be considered if prices quoted involved prices of items and services requested on an entirely separate Bid request.

Payment of Invoices Invoices must be submitted by the successful bidder in duplicate to the City of Bryan, Finance Department, P.O. Box 1000, Bryan, Texas 77805, (979) 209-5080. All invoices to be paid in full within thirty (30) days after satisfactory delivery and billing, whichever is the later. All invoices shall be submitted in accordance with the Bid unit prices. Invoices shall not contain work that was not satisfactorily completed. Repeated failure on the part of the Contractor to submit accurate invoices shall be sufficient cause to cancel the contract. The City will not be liable for payment of invoices received more than sixty (60) days after delivery of order, or completion of services.

Cash Discounts Bidders may quote additional cash discount terms in the Cash Discount Column. If no discount is shown, prices are to be assumed net. Discount period to be started from the date of completion of entire order or date of receipt of invoice, whichever occurs last regardless of date of invoice.

Bidders offering discounts for prompt payment if invoice is paid within ten (10) days are encouraged.

Taxes The City of Bryan is exempt from Federal Excise, State Sales and Transportation Taxes. TAX MUST NOT BE INCLUDED IN BID. The City upon request will execute Tax Exemption Certificates. The City of Bryan is statutorily exempt from State and Local Sales tax and a permit number is not required.

Delivery Bids must show the number of consecutive calendar days required to deliver the materials, services or equipment under normal conditions. Failure to specify delivery time will be considered reason enough to cause the Bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within ten (10) days after number of days specified on Bid, entire order may be canceled and bidder's name removed from mailing list.

Liability The successful bidder shall be liable for all damages incurred while in the performance of services pursuant to this request.

Material Safety Data Sheets MSDS's must be provided prior to or with receipt of order, and when revised. Containers must be properly labeled and identified in accordance with the OSHA Hazard Communication Standard. Improperly labeled containers will result in refusal of the shipment and possible change in Contractors.

Patents, Franchises, etc.

The successful bidder agrees to protect the City from any claim involving patent right infringements, copyrights or sales franchises.

No Bids If bidder is unable to quote, the Bid form should be returned to the purchasing agent before opening time, and reason given for not proposing if bidder desires to propose on future purchases.

Addenda In the event of a needed change in the published Bid documents, it is understood that all the foregoing terms and conditions and all performance requirements will apply to any published addendum.

All published addenda shall be signed and included with your response package as acknowledgement of the addendum. Bidders are responsible for obtaining all published addenda from the City of Bryan Purchasing office or by downloading these documents from the City of Bryan website. The City assumes no responsibility for the Bidders failure to obtain or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the Bid to be rejected. The City’s decision to accept or reject any particular Bid due to a failure to acknowledge and submit addenda shall be final.

Fiscal Funding All deliveries are to be made to the Purchasing Department located at 2611 N Earl Rudder Fwy, unless otherwise specified in the Bid Request or Purchase Order. Deliveries will be accepted only during normal working hours on normal working days. Unless otherwise indicated, items received must be new and in first-class condition. Types of materials normally packaged for protection and convenience in storage shall be in the proper containers.

The City of Bryan, Texas operates and is funded on a fiscal year basis; accordingly, the City reserves the right to terminate, without liability, any contract for which funding is not available.

Renewal of contract will be in accordance with Local Government Code 271.903 concerning non-appropriation of funds for multi-year contracts. The City reserves the right to rescind the contract at the end of each fiscal year if is determined that there are insufficient funds to extend the contract.

Court Jurisdiction The City of Bryan and the successful Contractor will agree that the contract awarded from this Request for Bid shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in a state court of competent jurisdiction in Brazos County, Texas and further that neither party will seek to remove such litigation to the federal court system by application of conflict of laws or any other removal process to any Federal Court or court not in Texas.

Legislative Acts Pursuant to Texas Government Code 2252.152, contracts with companies engaged in business with Iran, Sudan, or foreign terrorist organizations are prohibited; a governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Government Code Sections 806.051, 807.051, or 2252.153.

Pursuant to Government Code 2270.002, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

Contractor verifies that neither it, nor its parent company, is (1) majority owned or controlled by individuals who are citizens of China, Iran, North Korea, or Russia, or by a company or other entity that is owned or directly controlled by the government of China, Iran, North Korea, Russia; (2) headquartered in any of those countries, as prohibited by Section

2275.0102 of the Texas Government Code.

Basic Safeguarding of Contractor Information Systems

A. The Contractor shall apply basic safeguarding requirements and procedures to protect the Contractor’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204- 21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016).

B. Contractor shall include the substance of this clause in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the sub-provider may have City contract information residing in or transiting through its information system.

In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month-to-month until a new contract is executed.

Insurance Requirements Contractor agrees to have and maintain the policies set forth in Exhibit C, Insurance Requirements, which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. A lapse in any required coverage shall be a breach of this Contract.

PROVISIONS FOR BIDDING TO THE CITY OF BRYAN

1.0 Upon acceptance and approval this bid effects a working contract, for the period designated or until completion of specified job, between the City of Bryan and the successful bidder.

2.0 The Contractor shall act as independent contractor and shall in no sense act as agent or servant of the City of Bryan.

3.0 The Contractor shall furnish and pay for all labor, tools, machinery, materials, insurance, bonds, permits and any other incidentals necessary to perform a turnkey job in compliance with the specified requirements.

4.0 All prices quoted shall include delivery expenses of supplies, materials and equipment and tools to job site including unloading. The Contractor shall be fully responsible for receiving, unloading and storing all deliveries intended for the job. The City will not be liable for any loss or damage to supplies, materials, tools and equipment left on the job unguarded, by the Contractor before, during or after job is performed.

5.0 All work to be performed under the supervision of City of Bryan Streets & Drainage

Supervisor or his/her delegated representative or assistant. Any questions pertaining to the work should be in writing and directed to the buyer listed on page three by the date and time specified.

6.0 All work is to be performed in a professional manner by skilled personnel and proper equipment. The work shall be planned so as not to interfere with or create a hazardous condition to the regular operation of the department or division of the City.

7.0 The Contractor shall at all times take all reasonable precautions for the safety of employees on the work site and of the public, and shall comply with all applicable provisions of Federal, state and municipal safety laws. All equipment and machinery used in performance of this contract shall be in good working order at all times.

8.0 Final Cleanup: Upon completion of the work and before acceptance and final payment will be made, the Contractor shall leave the work site in a neat and orderly condition equal to that which originally existed. No payment will be made for this work, its cost being included in the bid. For water and sewer projects no sodding will be required. For curb and gutter or sidewalk replacements for the transportation department where existing grass was established, it will be the responsibility of the Contractor to use care in the removal and replacement. The Contractor tears up a large portion during the demo then they will need to backfill and install sod. The Contractor shall leave the work site in a neat and orderly condition equal to that which originally existed.

9.0 Examination of Site: Bidders are required, prior to submitting any proposal, to read the specifications carefully, to visit the site of the work, to examine carefully local conditions, to inform themselves by their independent research, test and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion and obtain all information required to make an intelligent proposal. No information given by the City of any official thereof, other than that contained in the specifications shall be binding upon the City. Bidders shall rely exclusively upon their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the proposal may be based. It is mutually agreed that submission of a proposal is evidence that the bidder has made the examination, investigations and tests required herein.

10.0 State and City Sales Taxes: The Contractor's attention is directed to Texas Tax

Code Section 151.311. This amendment provides that by the Contractor entering into a separate contract, the Contractor will become a seller of materials purchased for the project, which will obviate paying taxes on materials incorporated into the project.

As a seller, the Contractor purchases materials and issues a resale certificate in lieu of paying the sales tax at the time of purchase. The City, as an exempt entity, will provide the Contractor with an exemption certificate at the time the "sale" of the materials to the City, thereby precluding the City, and Contractor, from paying the sales tax on the materials.

Services are not tax exempt. The Contractor will be required to pay all appropriate taxes for all services as set forth herein.

11.0 Indemnification: The Contractor shall defend, indemnify and save harmless the City and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description, including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act or omission, neglect or misconduct of the said Contractor, or by or on account of any claims of amounts recovered under the Workmen's Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by the City may be retained for the use of the City, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished the City. Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by the City, its officers, agents or employees.

12.0 Equal Employment Opportunity: During the performance at this agreement: The

Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, to be provided by the agency setting forth the provisions of this nondiscrimination clause.

The Contractor will, in all solicitations or advertisements for the employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

13.0 Contractor shall comply with all federal, state, county, municipal and other laws, ordinances, rules and regulations applicable to the performance of any work under this agreement and shall secure and pay for all governmental licenses, deposits, permits or fees required.

14.0 Contractor shall comply with H.B. 275, The Texas Prompt Payment Act, effective July 1, 1986, which in part, requires the contractor to pay their subcontractors within ten

(10) calendars days after they receive payment from the City of Bryan.

15.0 The Contractor will be required to comply with all provisions of the President's

Executive Order No. 11246 as of September 24, 1965.

16.0 Working Day: A working day is defined as a calendar day, not including Saturdays, Sundays or legal holidays in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than seven (7) hours between 7 a.m. and 6 p.m.

17.0 Contractor’s Responsibility: The Contractor shall give personal attention to the proper execution of the contract and furnish the materials as required by City. The Contractor shall assign to the fulfillment of this Contract a competent superintendent/manager and any necessary assistants, all satisfactory to the City's Representative. The superintendent/manager shall represent the Contractor in its absence and all directions given to him shall be binding as if given to the Contractor.

Adequate supervision by competent and reasonable representatives of the Contractor is essential to the supplying of adequate street materials within the time periods contemplated herein, and lack of such supervision shall be grounds for suspending the operations of the Contractor and determination by the City that the Contractor is in breach of the contract.

It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature, character, quality, and quantity of the materials to be provided to the City, the character of equipment and facilities needed primarily for and during the providing of the materials, and the general and local conditions and all other matters which in any way effect the product under the contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the contract, shall affect or modify any of the terms or obligations hereunder.

The Contractor agrees to employ only orderly and competent men skillful in the performance of this type of contract, and agrees whenever City's Representative shall inform it in writing that any man or men are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from performance of this Contract and shall not again be employed in the performance without the City's Representative's written permission.

18.0 Description of Work: This contract includes work that is located throughout the City of Bryan. Most work requests/orders, on average, are for quantities of work that are less than 10 cubic yards (note that quantities will be paid for as measured by City representatives, and no minimum delivery quantities will be allowed under this contract). Some work requests/orders may be as little as 2 feet of curb while some may be to replace entire sections of a street. Since this contract covers multiple departments for the City of Bryan, several work orders may be generated at one time with locations throughout the city. Most work orders will not be close in proximity to each other so the contractor shall plan on mobilizing continuously and performing the quantity of work on the order of less than 10 cubic yards.

19.0 Driveway Access: It is the Contractor’s responsibility to notify home owners 24 hours prior to commencing work. The Contractor shall provide access for the resident’s if their driveway is being worked on. Contractor needs to ensure that access to resident’s driveway is provided. Contractor needs to schedule work so that the inconvenience to the resident is minimized. Access may be in the form of boards for people to drive across (short distances such as gutters). If whole widths of driveways are being worked on, the Contractor may need to pour the driveway in two sections unless other arrangements are made with the resident.

20.0 Final Grading: Contractor shall adjust all manholes, valve boxes, meter boxes to final grade prior to placing concrete. Contractor shall make sure that valve boxes and other items that may be installed within a driveway or sidewalk are brought to grade prior to pouring concrete. In some cases, a water meter may be in the driveway or sidewalk that needs to be brought to grade. The water meter box will be provided but it needs to be brought flush with the final surface. All other items like manhole risers, valve boxes, etc. will be a separate pay item if the City requests the Contractor to buy and install beyond adjustment. Any and all additional work not applicable to the bid unit pricing must be approved by the City prior to commencing of work.

21.0 Subgrade: Where concrete is removed, and unsuitable subgrade material is encountered (to be determined by the City), the unsuitable material shall be removed to an acceptable depth (to be determined by the City), and replaced with cement stabilized sand. Removal and replacement of unsuitable material shall be paid for by the established unit price.

22.0 Traffic Control: Contractor is responsible for all traffic control and shall use all traffic control devices in accordance with TMUTCD. This includes providing and maintaining the devices. This is not a separate pay item. City of Bryan recognizes there may be times that traffic control assistance may be needed. In the event that contractor requests assistance, the City of Bryan may assist with traffic control by providing advice. This assistance will be at the sole discretion of the Streets & Drainage or Traffic Supervisor or their designees. There will be no additional cost to contractor for assistance provided in these rare occurrences.

23.0 Delivery: The contractor shall bid the maximum number of consecutive calendar days that work shall commence after receipt of work order. All work orders shall be fully complete within ten (10) working days after the commencement of work following the contractor’s specified response time. The work order shall be considered complete by a City of Bryan designated representative after the concrete has been poured.

Proper traffic control shall remain in place until it is determined that the concrete has properly cured and can support traffic. After the City of Bryan designated representative has determined that the concrete has properly cured, the contractor will have one (1) working day for removal of barricades, removal of forms, dispose of trash/ debris, caulk any expansion joints, and perform and necessary backfilling and fine-grading.

Consideration of additional days will be given on any single work order that will exceed

20 cubic yards of concrete or where a unique or extraordinary circumstance exists. A request for consideration of additional days will be made in writing to the City of Bryan in advance of commencement of the work order and within the contractor’s specified response time. The City of Bryan will make fair consideration of such requests and shall respond in writing.

24.0 Delivery Remedies: In case the Contractor should abandon the contract, fail or refuse to deliver materials after phone or written notification from City's Representative or the City, or if the Contractor fails to comply with the orders of City's Representative when such orders are consistent with the contract, then the City shall have the option to secure delivery of the materials from another source exceeding the contract price and the Contractor shall pay the difference in cost.

This action shall take effect immediately after ten (10) working days after the bid time to commence work has elapsed. An invoice for the material cost difference will be sent to the Contractor with reference to this contract term/condition, and payment reimbursement shall be made upon receipt of same by Contractor. Should Contractor fail to execute payment of said invoice, then City shall have the option to deduct invoice amount from any pending/future invoices to the City or terminate contract with Contractor upon five (5) days prior written notice. Contractor shall have no recourse to protest this termination due to this obvious “breach of contract”.

25.0 Damages/Repairs: The Contractor shall be liable and responsible for any damages incurred or repairs made necessary by reason of its delivery of materials and/or caused by its negligence. Repairs of any kind required will be made and charged to the Contractor by the City. The Contractor shall take the necessary precautions to protect any areas adjacent to where it is making deliveries.

The Contractor has the sole obligation to protect or warn any individual(s) of potential hazards created by its performance of the contract set forth herein. The Contractor shall, at its own expense take such precautionary measures for the protection of persons, property, environment and the materials as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual(s) of potential hazards created by the delivery of materials as set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense.

The Contractor shall supply the materials in accordance with applicable laws, codes, ordinances, and regulations of the state of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. The Contractor shall be solely responsible for safety precautions when making deliveries at the delivery site. The Contractor shall indemnify City from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, touching upon the maintenance of a safe and protected working environment in the making of the deliveries, and the safe use and operation of machinery and equipment in the making of deliveries no matter where fault are responsibility lies. Contractor shall supply any and all Material Safety Data Sheets (MSDS) to City Representative at time of materials delivery (if applicable).

The Contractor is solely responsible for handling and use of hazardous materials or waste in its performance of the contract, and informing employees of any such hazardous materials or waste the Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attn:

Assistant Fire Chief". The Contractor shall indemnify and protect the City from the consequences of the City's own negligence, whether that negligence is the sole or concurring cause of the injury, death, or damages.

City's Representative shall have the right, at any reasonable time, to require the testing of the materials supplied or to be supplied. The Contractor shall make necessary arrangements and provide proper facilities and access for such City's Representative to observe testing at any location wherever the materials are located or are in preparation. The Contractor shall ascertain the scope of any observation which may be contemplated by City's Representative and shall give ample notice as to the time each part of the materials will be ready for such observation.

The contract shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas.

The Contractor assumes full responsibility for the performance of its obligations hereunder, and releases, relinquishes and discharges the City, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character including the cost of defense thereof, for any injury to, including death of, person (whether they be third persons, the Contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with the Contractor's materials to be performed hereunder whether or not said claims, demands and causes of action in whole or in part are covered by insurance.

The Contractor shall indemnify and…