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T.B. Penick & Sons, Inc. January 9, 2025 Santa Ana Zoo Improvements Project- Lithocrete/Lithomosaic Page 2 of 3 SITE CONCRETE Site Concrete Terms & Conditions: 1. CONCRETE PRICES: The concrete material pricing is based on all known concrete material cost increases thru 06/30/2025. Any increases beyond this date will be billed as an extra to the base bid on the actual material cost increases from our suppliers. (Backup letters from suppliers will be provided.) These extra costs will be based on the actual material left to be shipped to the job. 2. BID DAY ISSUES: This proposal is valid for 30 days. T.B. Penick & Sons, Inc. is a non -union, non - MBE company. Prevailing wage rates included. Waivers of Subrogation, Broad Form and Type I Indemnification at a rate of 1 % is not included in this price. T.B. Penick & Sons is unable to offer a Waivers of Subrogation, Broad Form or Type I Indemnification on projects under $50,000.00. Price based on Project No. 22-2764 Santa Ana Zoo Walkways Improvements -Phase 1, 14 Sheets Rebid #2 set. 3. CONTRACT ISSUES: If a contract between the General Contractor and TBP has not been fully executed prior to the start of any work, then this proposal in its entirely shall become the Agreement and only Agreement between the General. Contractor and TBP. Builder's Risk insurance to be provided by contractor or owner. Work performed on a Time & Material basis will be issued a change order within 30 days of T.B. Penick invoice. Provision of safe legal concrete washout area to be provided by others. T.B. Penick may elect not to perform any work outside of TBP's scope described herein 4. PAYMENT TERMS: 1) T.B. Penick & Sons will submit monthly progress invoices (an invoice upon completion). Payment is due upon receipt of invoice. 2) All sums not paid after 45 days when due, shall bear interest at the rate of 1 1/2% interest per month or the maximum legal rate permitted by law, whichever is less. 3) For all sums not paid within 30 days of completion of work by T.B. Penick & Sons, Inc., T.B. Penick & Sons, Inc. shall be entitled to all costs relating to unpaid sums including collection costs and attorneys' fees 5. MOVE -INS: One move in to complete all work. Additional move -ins will be charged at $4,500 each. 6. WORKING HOURS: All work to be performed during normal working hours. Requested overtime, weekend or shift work will be charged at cost plus 15%. 7. STAKING REQUIREMENTS: Staking (furnished by others) for site concrete to be as follows: Sidewalk/Pavin: corner, ridgelines and flow lines. 8. WARRANTY: A one (1) year warranty will be issued upon completion of the T.B. Penick & Sons' work. Warranty is contingent upon using recommended products and following T.B. Penick & Sons, Inc.'s maintenance manual. Failure to comply with the T.B. Penick & Sons maintenance manual will result in warranty becoming null and void. Cracks are inherent in all concrete products, T.B. Penick & Sons does not warrantee against cracks. 9. EFFLORESCENCE: Efflorescence are deposits of water soluble mineral such as salt on the concrete surface. Efflorescence is a naturally occurring phenomenon inherent with all concrete products. T.B. Penick does not warranty against the appearance of efflorescence or against their affects on any sealer applied to the concrete surface. 10. SUBGRADE CONDITIONS: Subgrade for flatwork to be provided by others to within. P to balance and at compaction. In the case of retaining walls the subgrade is to be left by others to within .l' of the lowest adjacent finish subgrade for the entire width of the footing. Rough grading by others to provide proper clearance for forms. 11. CONCRETE SEALER: T.B. Penick & Sons protects our concrete with a clear sealer. This sealer needs to be maintained periodically as it is worn off the surface. The need for this maintenance coating will be greater in heavy traffic areas or in areas that are frequently or aggressively cleaned. Refer to your T.B. Penick & Sons maintenance manual for recommended procedures. Concrete sealers can fail at hydrostatic pressure greater than 5 pounds per 1000 square feet per 24 hours. The end user shall determine the suitability of all sealers or concrete coatings for the intended use and assumes all risks and liability in connection therewith. 3 INNOVATIVE CONCRETE SYSTEMS • LITHOCRETE • SrF + oomANITE + NTMA TERRAZZO • GRASSCRETE 09 r.