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HomeMy WebLinkAboutResolution - 2010-R0404 - Contract For Irrigation System - Turfmaster Irrigation And Landscaping, Inc. - 08/26/2010Resolution No. 2010-RO404 August 26, 2010 Item No. 5.26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Unit Price Construction Contract No. 9563 for irrigation system -Clapp Park, by and between the City of Lubbock and Turfrnaster Irrigation and Landscaping, Inc., per RFP 10-085-DD, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 26, 2010 MARTIN, MAYOR ATTEST: R ecc rarza, City Secretary APPROVED AS T CONTENT: 4 Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Weaver, Assistant City Attorney vw: ccdocs/RES.Contract-Turf raster August 11, 2010 No Text CITY OF LUBBOCK SPECIFICATIONS FOR IRRIGATION SYSTEM - CLAPP PARK RFP 10-085-DD Contract # 9563 Capital Improvements Project 92169 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://pr.thereproductioncompany.com/ Phone: (806) 763-7770 k!0* lubb'ock rExas CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank City of Lubbock PURCHASING AND CONTRACT MANAGEMENT SUITE 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2168 FAX: (806)775-2164 http://purchas ing.ci.l ubbock.tx.tis DATE ISSUED: CLOSE DATE: RFP 10-085-DD, Addendum 1 ADDENDUM I RFP 10-085-DD Clapp Park Irrigation System June 24, 2010 June 30, 2010 @ 3:00 PM The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. l . Offerors attention is invited to the Architect's Addendum #1, attached. All requests for additional information or clarification must be submitted in writing and directed to Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to ddoss(a)mvlubbock.us. THANK YOU, CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP 10-085-DDadl Page 18 Section 03 Irrigation IX Commissioning C Guarantee C. Guarantee The Contractor shall: l . Make all needed repairs or replacements due to defective workmanship or materials for exactly two (2) years following date of final acceptance. 2. Be responsible for all expenses necessary for repairs and replacement. 3. Pay all expenses incurred if the Contractor fails to act upon a request from the Owner for repairs to system. If the Contractor fails to do work within ten (10) days after request has been made by the Owner, the Owner will proceed with repairs and charge all expenses to the Contractor. 4. Pay for expenses incurred to project due to vandalism prior to final acceptance. Owner shall pay for all expenses incurred due to vandalism after final acceptance. Page 2 Section 01 Irrigation Competent person means, in addition to the definition in 29 CFR 1926.32 (f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them, as specified in 29 CFR 1926.32 (1): in addition, for Class I and Class 11 work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR 763) for supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92 (a)(2). The above definition of Competent person can be found at the following address along with additional information concerning Asbestos handling; osha �o�in!ti'c�sha��eb%o��rdisl? shop,=document"p. id=10862Rn.table_STAtiDARDS_ City of Lubbock Irrigation System - Clapp Park Paul Nash & Associates, Inc. Addendum #1 June 23, 2010 Project #92169 E City ofLubbock PURCHASING AND CONTRACT MANAGEMENT -- SUITE 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2168 FAX:(806)775-2164 http://purchas i ng.ei.l ubbock.t..us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: RFP 10-085-DD, Addendum 2 ADDENDUM 2 RFP 10-085-DD Clapp Park Irrigation System June 29, 2010 June 30, 2010 @ 3:00 PM July 13, 2010 @ 3:00 PM The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Offeror's attention is invited to the Architect's Plan Sheet and Note, attached. 2. Offeror's attention is invited to the following questions and responses: QUESTION: The Netafim 61EL4IFHP is a part # for a 4" valve. Do you want a 4" master valve to follow all RPA's regardless of RPA size? And yes, the flow sensors specified are insert style. What size service tees or tapping saddles are to be installed for them. There is not much clarity as to size on the plan or details. ANSWER: Yes the master valve is a 4" Netafim valve (Model #: 61EL4IFHP) and yes it should follow all RPZ's regardless of the RPZ size. The flow sensor is a brass insert style with a 2" MIPT model number (IR-220-13). The saddle should be the same size as the pipe that is being tapped to install sensor with a 2" FIPT. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 RFP 10-085-DDad2 RFP 10-085-DD, Addendum 2 Questions may be faxed to (806)775-2164 or Email to ddossna mylubbock.us. THANK YOU, CITY OF LUBBOCK Vwdew DO" Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof. inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP 10-085-DDad2 E S I Note regarding revision cloud 1: The drawing indicates where new 6", 4", and 2" 2001351 PVC pipe is to be added to this area of the irrigation plan located in the SE Corner of Clapp Park. This pipe will be used to supply various existing l ` and new valves and water fountain as indicated on the plan. The pipe is to be tapped before the RPZ at the water meter located in the eastern part of the drawing. rAY'k o + Co • ' %r � fa£Intentionally t£■f Bank 6� \{ � � Ni 9 2tvTj g3a e o Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 10-085-DD Before submitting your proposal, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. L/ Carefully read and understand the plans and specifications and properly complete the PROPOSAL SUBMITTAL form. Proposal Submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. / Ensure ALL criteria are addressed in your submittal. 2. (/ Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety. Failure to provide a proposal surety WILL result in automatic rejection of your / proposal. 1 3. V Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's / signature must be original. 4 V Complete i SAFETY RE All "YES" p ete and sign the SAF CORD QUESTIONNAIRE. A YES responses must be explained in detail and submitted with the questionnaire. ^ 5. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include P firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. ..' 6. Complete and submit the "CONTRACTOR'S STATEMENT OF QUALIFICATIONS". 7. Clearly mark the proposal number, title, due date and time and your company name and j, address on the outside of the envelope or container. 8. Az Ensure your proposal is RECEIVED by the Purchasing Manager Office prior to the / deadline. Late proposals will not be accepted. 9. Complete and submit the LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. (Type or Print Compagy)Name) Page Intentionally Left Blank NOTICE TO OFFERORS RFP 10-085-DD Sealed proposals addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, City Hall, 1625 13th Street, Room 101, Lubbock, Texas, 79401, until 3:00 P.M. June 30, 2010 or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "IRRIGATION SYSTEM - CLAPP PARK" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 3:00 P.M. June 30, 2010 and the City of Lubbock City Council will consider the proposals on July 22, 2010 at City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BOND MUST BE IN A FORM ACCEPTED BY THE CITY ATTORNEY AND MUST BE DATED THE SAME AS THE CONTRACT AWARD DATE. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offeror. FAILURE OF THE OFFEROR TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offeror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference at 9:00 A.M. on June 15th 2010 in the Parks Conference Room,1010-V' Street, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at hgp://pr.thereDroductioncomRany.co ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages (based on a hourly rate time 8 hours per day minimum) included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. i The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing Manager Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Wales Marta Alvarez Purchasing Manager GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive proposals to furnish IRRIGATION SYSTEM - CLAPP PARK per the attached specifications and contract documents. Sealed proposals will be received no later than 3:00 P.M. June 30, 2010 office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the offeror. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 10-085-DD IRRIGATION SYSTEM - CLAPP PARK" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock . 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals are delivered to the Purchasing Manager Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the General Instructions to Offerors will be considered responsive and evaluated or award of a Contract. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory pre -proposal meeting will be held at 9:00 A.M. on June 15th, 2010 in the Parks Conference Room, 1010-9'h Street, Lubbock, Texas. All persons attending the meeting are required to identify themselves and the prospective proposer they represent. 2_2 It is the offerors responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information I available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any offeror in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Manager Office. At the request of the proposer, or in the event the Purchasing Manager Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Manager Office. Such addenda issued by the Purchasing Manager Office will be available over the Internet at http://www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Manager Office no later than five (5) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Manager Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a - proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the RFP. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the proposals are received, and if no such notice is received by the Purchasing Manager prior to the opening of proposals, then it shall be deemed that the offeror fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If offeror does not notify the Purchasing Manager before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. r n 4 7 f LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the - proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal in the List of Subcontractors how they would utilize local resources. 9 CONFLICT OF INTEREST ' 9.1 The offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS f 10.1 All work covered by the contract shall be done in accordance with contract documents t described in the General Conditions of the Agreement. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be .responsible for the satisfactory completion of all work contemplated by said contract documents. I I PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INOUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing Manager Office no later than seven (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO OFFEROR SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN SEVEN (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: City of Lubbock Darlene Doss Buyer 1625 13'h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2168 Email: ddoss(a),mylubbock.us Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The Work covered by the contract documents shall be completed within 285 CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment. and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within two years from date of the Owner's Representative's certification of final completion of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The. Contractor shall then 1 distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales,`excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted before contract execution. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer's attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the Sunday or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of 4 day, to correct or alleviate such condition so that it is no longer dangerous to property or life. `3 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his on -site employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City and all blank spaces in the form shall be correctly filled in, stating the price in numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Offeror's name 29.3.2 Proposal for IRRIGATION SYSTEM - CLAPP PARK. Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 31 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: f, (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (e) Irrigation License (f) Contract Agreement. (g) General Conditions. (h) Special Conditions (if any). (i) Specifications. 0) Insurance Certificates for Contractor and all Sub -Contractors. (k) All other documents made available to offeror for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF OFFERORS The offeror may be required before the award.of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The offeror's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the offeror fails to satisfy the City of Lubbock that the offeror is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the offeror's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the offeror to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the offeror. (d) The quality of performance of previous contracts or services. i (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a_- complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance l with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The total maximum point value is equal to 100 points. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor (60%) = Price Score 32.2 34% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of 30 points allowable. Each evaluator assigns points based upon the responses the Offeror provides in the "Contractor's Statement of Qualifications" and any past experience with the Offeror. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 3% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractor's Experience Modification Ratio. The Offeror shall submit this ratio in the Contractors Statement of Qualifications. Contractors with an Experience Modification Ratio greater than 1 will not be considered. The City may consider any incidents involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators will base their rating primarily upon the type of offense, date of the offense, location where the offense occurred, final disposition of the offense, the penalty assessed, as well as the Experience Modification Ratio. 32.4 3% CONSTRUCTION TIME: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the Offeror provides in the Contractors Statement of Qualifications and any follow-up information obtained from referenced contact persons or organizations. 32.5 EVALUATION PROCESS: Evaluators will independently review and score each proposal. The committee will meet, during which time the Committee Chairperson will total the individual scores. If the individual scores are similar, the Chairperson will average the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson will initiate and moderate discussion to determine the reasons for the differences and ensure that all (. evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. The estimated budget for the construction phase of this project is $956,000 .. Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL, 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the offeror's proposal. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a f A public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Offerors shall use the Davis -Bacon wage rates attached herein for Lubbock County. 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. TEXAS LOCAL GOVERNMENT CODE & 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS r , (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d- 1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBNUTTAL FORM LUMP SUM PROPOSAL CONTRACT DATE: 1— I-�- a C) l O RFP: 10-085-DD - IRRIGATION SYSTEM - CLAPP PARK Proposal of 1 �4mA-44-�r, xfri �a 'i vrcQ Le n kS called Offeror) %J �K� • (hereinafter To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of IRRIGATION SYSTEM - CLAPP PARK, having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Irrigation at Clapp Park will include replacing the existing manual system with centralized automated operation for Clapp Park. The project involves many aspects of site construction to accommodate a new irrigation system. This will include demolition, earthwork and grading, concrete construction, electrical conduit installation, furnish and install two drinking fountains, installation of irrigation system, soil tillage and turf seed installation, surveying, staking and layout, mowing, site maintenance, fencing and safety barricades. MATERIALS: rDV- %1 r S1 Ah - f� 41 kV4 ($ '14 0019. SERVICES: (yG 4-6u-S0%0.4 ($ SD OaD . -- ) TOTAL PROPOSAL: � Ae- k wuQra 5 41,1 ulw +40,kV,^4 ($ 961,000. 00 u,. Offeror hereby agrees to commence the k on the above Droie on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within- @§51--TWH' calendar days thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of 100 ONE HUNDRED) for each day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. I)Lofferor Initials The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a #C� Mer's Check or Certified Check for N4 Dollars ($ r I or a Proposal Bond in the sum of -et -4 low Dollars ($ L! gOO.5, which it is agreed shall be collected and &taihbd by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code . 252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING_ (Seal if Offeror is a Corporation) A ST Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date - N - O Addenda No. ^� Date4 Addenda No. Date Addenda No. Date M/VWBE Firm: (Printed or Typed i,urrnes�c� -Trr 4- Com y &'4' b�8 b . Address Wo 1 fk.,- L�6bo City, County 9 3 X Z State Zip Code Telephone: 9Db - 1. '3'j(o I Fax: 206 - 9 b - L4,�-3 Email: i M#V% - r�.r' -44— en 'X. Lorh FEDE T or SOCIAL SECURITY No. 7 s - a&s$7ag Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) V BID BOND KNOW ALL MEN BY THESE PRESENTS, that we TURFMASTER IRRIGATION AND LANDSCAPING. INC. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto CITY OF LUBBOCK as obligee, hereinafter called the Obligee, in the sum of FIVE Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for IRRIGATION SYSTEM - CLAPP PARK RFP 10-085-DD CONTRACT 9563. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 3& day of JUNE, 2010. TURFMASTER IRRIGATION AND LADSCAPING, INC. (Principal)_ A BY: TITLE: "/ , `I -re BY; HOWARD COWAN, Attorney -in -Fact SureTec Bid Bond Rev 1.1.06 Paze Intentionally Left Blank POA #: 4221000 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "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 Howard Cowan, Marla Hill its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as -if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/12 and is made under and by authority of the following resolutions of the Board ofDirectors- of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -ire -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, recognizanccs, contracts, agreements or inderrmity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'� of April, 1999.) 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 28th day of October, A.D. 2008. SURETEC INS CE COMPANY tts.� By. B.J.1Ki , esident State of Texas ss: 7,�::A" (�i : •' xo County of Harris On this 28h day of October, 2008 before me personally came B.J. 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 INSURANCE 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; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Icy State of Texas (,k) >.�ar,:sota Michelle Denny, Notary P tic My commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEC 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 effect; and furthermore, the resolutions of the Board of Directors, set out 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 30TH day of JUNE 2010 , A.D. L, X�56154 4 V M. Brent)3evaty,-Ass-istatif Secretary 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 tali (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. Pame Intentionally Left Blank r CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a proposal must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of proposal submittal. Failure to submit the following Proposal Evaluation information may result in the OWNER considering the proposal non -responsive and result in rejection of the proposal by the OWNER. Offerors are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as 1 designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a proposal, which in its judgment is the lowest and best proposal, to reject any and all proposals, to waive irregularities in the proposals, or to reject nonconforming, non -responsive, or conditional proposals. In addition, the OWNER reserves the right to reject any proposal where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's proposal on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Turfmaster Irrigation and Landscaping, Inc. Organization Doing Business As. Turfmaster Irrigation and Landscaping, Inc. Business Address of P. O. Box 628 Principle Office: - Wolfforth TX 79382 Main Number. • 806.863.3423 Fax Number. • 806.863.3423 Cell Number. 806.787.3767 Web Site Address or Email jimmyturfmaster@msn.com Form of Business (Check) X A Corporation _ A Partnership _ An Individual Date of Incorporation: July 26, 1996 State of Incorporation: Texas Chief Executive Officer's Name: N/A President's Name: Jimmy Schneider Vice President's Name(s): N/A Secretary's Name: Kathy Schneider Treasurer's Name: N/A Date of Organization: N/A State whether partnership is general or limited. N/A Name: N/A Business Address: N/A None Turfmaster Irrigation and Landscaping, Inc. Average Number of Current Full Time Employees: 8 Average Estimate of Revenue for the Current Year.- $1,700,000.00 Business Address of Regional Office: N/A Name of Regional Office Manager. N/A Telephone Numbers: N/A Main Number., N/A Fax Number. N/A Web Site Address: N/A List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: N/A Names of Organization: N/A List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization: N/A Percent Ownership: N/A r Turfmaster Irrigation and Landscaping, Inc. Years experience in projects similar to the proposed project: 10 years As a General Contractor.- 6 years As a Joint Venture Partner: N/A Current Contractor Experience 15 years Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? No If yes provide full details in a separate attachment. Has this or a predecessor organization been released from a bid or proposal in the past ten years? No If yes provide full details in a separate attachment. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five years? No If yes provide full details in a separate attachment. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No If yes provide full details in a separate attachment. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No If yes provide full details in a separate attachment. Turfmaster Irrigation and Landscaping, Inc. Provide a brief description of the managerial structure of the organization and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart as an attachment to this description. The President, of Turfmaster Irrigation and Landscaping, Inc. Jimmy Schneider manages all the day to day operations of the company. He manages the financial activities, estimating, long term planning, payroll, human resources, and any other duties required to run the company. The company Secretary, Kathy Schneider assists President with managing these office activities. The company currently has 2 Field Superintendents, (Brian Krohn and Ricky Schneider) who manage the daily operations of the project they are currently working on and they report to the company President. The President and the Field Superintendents make decisions about specific project schedules, equipment requirements and labor utilization. The company Field Superintendents and the President also ( coordinate any subcontractors used on the project and are both responsible for 1 quality control of subcontractors and company employees. Chart attached. l _ Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational chart. Include the title and names of proposed key personnel and alternates. Include this chart as an attachment to this description. The President of Turfmaster Irrigation -and Landscaping, Inc., Jimmy Schneider, will manage the financial activities, insurance requirements, and certified payroll reports. The company Secretary, Kathy Schneider will assist the President with managing these office activities. The company Field Superintendents, Ricky Schneider and Brian Krohn, will manage the daily operations of the project with the assistance of the company President. The President and the Field Superintendents make decisions about the project schedules, equipment requirements and labor utilization. The company Field Superintendent and the President will coordinate with subcontractors; (Tracy Wallace, Wallace Sprinklers Systems, Inc. and Bo Jackson, JSL Landscape, Inc.) to coordinate the project schedule and contract requirements. Chart attached. Turfmaster Irrigation & Landscaping, Inc. 4 P. O. Box 628 863-3423 Wolfforth TX 79382 Lic. #5399 Normal Company Management Structure Jimmy Schneider President Kathy Schneider Secretary Brian Krohn Ricky Schneider Field Field Superintendent Superintendent Forman Sub -contractor Employees Turfmaster Irrigation & Landscaping, Inc. A4,& P. O. Box 628 863-3423 Wolfforth TX 79382 Lic. #5399 Proposed Clapp Park Management Structure Brian Krohn and Ricky Schneider Field Jimmy Schneider President Bo Jackson JSL Landscape, Inc. Kathy Schneider Secretary Tracy Wallace Wallace Sprinklers, Inc. Employees Employees Employees Turfmaster Irrigation and Landscaping, Inc. Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. (See Attached) Role Project Manager. Project Superintendent.' Assistant Project Superintendent: Project Safety Officer.• Quality Control Manager - Assistant Quality Control Manager. Primary Candidate Jimmy Schneider Brian Krohn Ricky Schneider Jimmy Schneider Jimmy Schneider Brian Krohn If key personnel are to fufll more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to full each role and the percentage of their time that will be devoted to each role. if the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. (See Attached) 111 Turfmaster Irrigation 4 4 4. & Landscaping, Inc. 41 4 P. O. Box 628 863-3423 AWolfforth TX 79382 Lic. #5399 Jimmy Schneider Summary of July 1996 to Present Qualificadons Presiderrt and Owner of Turfinaster I igatlon and Larxlscaping, Mc. Founded Turfmaster in 1996 as a small irrigation start up company one employee and very few assets. Turfmaster has now grown to a company which employs 6 to 12 people and has annual sales near $2,000,000.00 annually. The company has a solid reputation as one of the best irrigation and landscaping contractor on the South Plains. Education Graduated with Honors from Lamesa High School in 1981. Attained an Irrigators License from the State of Texas in Aug. 1995 Completed Asbestos Awareness (1926.1101(k)(9)(viii) OSHA Certification Training March 2010 Complete at least 8 continuing education hours of training annually since 1995 Complete Backflow Assembly Tester Certification in 20031 Prof sional Held Backftow Preventer Assembly Tesler license 2008 and 2009 Experlenae Professional Member of the Texas Turf Irrigation Association Membershlp Awards received Received the "Good Job" Award from Texas Tech University, Vice Chancellor of Facilities, Planning and Construction, Mike Ellicott for our work on Texas Tech University West Stadium Plaza at the Jones AT&T Stadium and Murray Hall student dormitory. Turfmaster Irrigation & Landscaping, Inc. A 4 P. O. Box 628 863-3423 Wolfforth TX 79382 Lic. #5399 Brian Krohn Summary of August 2001 to Present QualHkmdons Employed by Turknaster Irrigation and Landscaping, Inc. Began work for Turfmaster as part time employee while attending Texas Tech University. He is a major part in the growth and success of Turfmaster and has gained enough experience to oversee any type of irrigation project from start to finish. He is an excellent equipment operator and has experience with all types of installations. He very familiar with most of the new technologies used in today's complex irrigation systems and has previous experience with all the components specified in the Clapp Irrigation Project. Education Graduated from Huntsville High School in 2000. Attained an Irrigators License from the State of Texas in 2006 Complete at least 8 continuing education hours of training annually since 2006 Complete Backflow Assembly Tester Certification in 2010 and is a Licensed BPA Tester in the State of Texas. Turfmaster Irrigation & Landscaping, Inc. 4 P. O. Box 628 863-3423 WOMDrth TX 79382 Lie. #5399 Ricky Schneider Scunny of August 1983 to Jan 2008 Qualifications Feb. 2010 W Present Bnpbyed by Turfm aster Irrigation and Landscaping, Inc. Began working for Turfmaster after 25 years in the Agricultural Industry. His experience in managing and scheduling employee's, along with knowledge in the operation of machinery and equipment has quickly made him a 'vital part of the company. Education Graduated from Lamesa High School in 1983. Turfmaster Irrigation and Landscaping, Inc. Name of Individual: Jimmy Schneider Years of Experience as Project Manager.- 14 years Years of Experience with this Organization: 14 years Number of similar projects as Project Manager. 8 projects Number of similar projects in other positions: 4 - Project Superintendent Current Project Assignments. % of time used Est. Project for this project. Completion Date: Medical Arts Hospital 25% Aug. 2010 Cooper West Elementary 10% July. 2011 Lubbock Business Park 25% Oct. 2011 Standard Sales 10% Jan. 2011 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name: Title/ Position: Organization: Telephone: E-mail. Project: Candidates role on Project. Name: Title/ Position: Organization: Telephone: E-mail. Project: Candidates role on Project. Robert H. (Holly) Holder Sector Director - Public Works Parkhill, Smith & Cooper, Inc. Lubbock, Texas 806.473.2200 hholder@TEAM-PSC.com Remington Park Irrigation and Drainage Project Manager Jason Hodges Landscape Architect / LEED Certified TTU Facilities Planning and Construction 806.742.2116 jason.hodges@ttu.edu TTU Health Sciences Center Clinical Tower Project Manager [ - I Turfmaster Irrigation and Landscaping, Inc. Name of Individual. Brian Krohn Years of Experience as Project Superintendent: 5 years Years of Experience with this Organization: 9 years Number of similar projects as Superintendent: 8 projects Number of similar projects in other positions: 4 - Project Foreman Current Project Assignments: % of time used Est. Project for this project: Completion Date: Medical Arts Hospital 80% Aug_ 2010 { Standard Sales 20% Jan. 2011 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name: Title/ Position: Organization: Telephone: E-mail. Project: Candidates role on Project: Name: Title/ Position: Organization: Telephone: E-mail: Project: Candidates role on Project: Kathy Lust Landscape Architect Parkhill, Smith & Cooper, Inc. Lubbock, Texas 806.473.2200 KLust@team-psc.com Lubbock Business Park Landscape and Irrigation Project Superintendent Jason Hodges Landscape Architect / LEED Certified TTU Facilities Planning and Construction 806.742.2116 jason.hodges@ttu.edu TTU Health Sciences Center Clinical Tower Project Superintendent Turfmaster Irrigation and Landscaping, Inc. Name of Individual. Ricky Schneider Years of Experience as Assistant Superintendent: 6 months Years of Experience with this Organization: 6 months Number of similar projects as Assistant Superintendent: 1 project Number of similar projects in other positions: 1 - Foreman Current Project Assignments: % of time used Est. Project for this project.- Completion Date: Medical Arts Hospital 100% Sept. 2010 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name: Title/ Position: Organization: Telephone: E-mail. Project. - Candidates role on Project: Letha Hughes Director Medical Arts Hospital 806.872.1196 Ihughes@medicalartshospital.org Medical Arts Hospital Landscape and Irrigation Project Assistant Superintendent Turfmaster Irrigation and Landscaping, Inc. Name of Individual: Jimmy Schneider Years of Experience as Project Safety Officer. 14 years Years of Experience with this Organization: 14 years Number of similar projects as Project Safety Officer. • 12 projects Number of similar projects in other positions: 12 projects Current Project Assignments. Medical Arts Hospital Cooper West Elementary Lubbock Business Park Standard Sales % of time used for this project: 5% 5% 5% 5% Est. Project Completion Date: Aug. 2010 July. 2011 Oct. 2011 Jan. 2011 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name: Title/ Position: Organization: Telephone: E-mail: Project: Candidates role on Project. - Name: Title/ Position: Organization: Telephone: E-mail. Project: Candidates role on Project: Robert H. (Holly) Holder Sector Director - Public Works Parkhill, Smith & Cooper, Inc. Lubbock, Texas 806.473.2200 hholder@TEAM-PSC.com Remington Park Irrigation and Drainage Company Safety Officer Jason Hodges Landscape Architect I LEED Certified TTU Facilities Planning and Construction 806.742.2116 jason.hodges@ftu.edu TTU Health Sciences Center Clinical Tower Company Safety Officer Turfmaster Irrigation and Landscaping, Inc. Name of Individual. Jimmy Schneider Years of Experience as Quality Control Manger 14 years Years of Experience with this Organization: 14 years Number of similar projects as Quality Control Manager. 12 projects Number of similar projects in other positions: 12 projects Current Project Assignments: Medical Arts Hospital Cooper West Elementary Lubbock Business Park Standard Sales % of time used for this project: 10% 10% 10% 10% Est. Project Completion Date: Aug. 2010 July. 2011 Oct. 2011 Jan. 2011 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name: Title/ Position: Organization: Telephone: E-mail: Project: Candidates role on Project: Name: Title/ Position: Organization: Telephone: E-mail.- Project: Candidates role on Project: Robert H. (Holly) Holder Sector Director - Public Works Parkhill, Smith & Cooper, Inc. Lubbock, Texas 806.473.2200 hholder@TEAM-PSC.com Remington Park Irrigation and Drainage Quality Control Manager Jason Hodges Landscape Architect I LEED Certified TTU Facilities Planning and Construction 806.742.2116 jason.hodges@ttu.edu TTU Health Sciences Center Clinical Tower Quality Control Manager r Turfmaster Irrigation and Landscaping, Inc. Name of Individual: Brian Krohn Years of Experience as Assistant Quality Control. 5 years Years of Experience with this Organization: 9 years Number of similar projects as Assistant Quality Control 8 projects Number of similar projects in other positions: 4 - Project Foreman Current Project Assignments: % of time used Est. Project for this project: Completion Date: Medical Arts Hospital 15% Aug. 2010 Standard Sales 15% Jan. 2011 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name: Title/ Position: Organization: Telephone: E-mail. Project. Candidates role on Project: Name: Title/ Position: Organization: Telephone: E-mail. Project: Candidates role on Project: Kathy Lust Landscape Architect Parkhill, Smith & Cooper, Inc. Lubbock, Texas 806.473.2200 KLust@team-psc.com Lubbock Business Park Landscape and Irrigation Assistant Quality Control Manager Jason Hodges Landscape Architect / LEED Certified TTU Facilities Planning and Construction 806.742.2116 jason.hodges@ttu.edu TTU Health Sciences Center Clinical Tower Assistant Quality Control Manager Turfmaster Irrigation and Landscaping, Inc. Texas Tech University, 18th Street Irrigation and Landscape Renovations Completed: 8-10-2006 The project irrigation consisted of connecting to an existing water source, boring under walks and driveways, installing valves, pop-up sprinklers, drip irrigation zones with filtration and installation of drip irrigation on newly installed plant material. The landscaping consisted of plant bed preparation, installing top soil for berms, fine grading, decomposed granite paving, tree and shrub installation, granite mulch and sod installation. Project Cost: $94,000.00 2. City of Lubbock, Parks Irrigation Groundwater Conversion Phase I Completed: 12-1-2006 The project consisted of making connections to new irrigation water wells and installing the piping to a new well house. We installed automatic filtration, pressure controls, and backflow prevention equipment in the well house and then connected the well water to existing City park irrigation systems. The final step in completing each park was to return each park to its original condition by fine grading, seeding and/or sodding areas affected during the construction. Project Cost: $571,000.00 3. City of Lubbock, Parks Irrigation Groundwater Conversion Phase II Completed: 5-1-2007 The project consisted of making connections to new irrigation water wells and installing the piping to a new well house. We installed automatic filtration, pressure controls, and backflow prevention equipment in the well house and then connected the well water to existing City park irrigation systems. The final step in completing each park was to return each park to its original condition by fine grading, seeding and/or sodding areas affected during the construction. Project Cost: $346,000.00 4. City of Lubbock, MLK Little League Baseball Complex Completed: 8-10-2007 The project consisted of fine grading and sodding two baseball fields and fine grading and seeding Bermuda grass on all the remaining common areas of the baseball complex. Project Cost: $51,000.00 Turfmaster Irrigation and Landscaping, Inc. 5. Lubbock Cooper ISD, West Elementary School Completed: 10-1-2007 The project irrigation consisted of connecting to an existing water meter, backflow prevention, booster pump, installing sleeves, installing valves, pop-up sprinklers, rotor sprinklers, drip irrigation zones with filtration and installation of drip irrigation on newly installed plant material. The landscaping consisted of plant bed preparation, installing top soil in the planting beds, fine grading, tree and shrub installation, inorganic mulch, over 8 acres of seeding and sod installation. Project Cost: $239,000.00 6. Texas Tech University, Health Sciences Center, Clinical Tower/Research Center Completed: 1-15-2008 The project irrigation consisted of connecting to an existing water meter, backflow prevention, booster pump, installing sleeves, installing valves, pop-up sprinklers, rotor sprinklers, drip irrigation zones with filtration and installation of drip irrigation on newly installed plant material. The landscaping consisted of plant bed preparation, installing top soil in the planting beds, fine grading, decomposed granite paving, tree and shrub installation, granite mulch, seeding and sod installation. Project Cost: $487,000.00 7. Texas Tech University, Health Sciences Center, International Pain Institute Completed: 4-15-08 The project irrigation consisted of connecting to an existing water source, installing sleeves, installing valves, pop-up sprinklers, rotor sprinklers, drip irrigation zones with filtration and installation of drip irrigation on newly installed plant material. The landscaping consisted of plant bed preparation, installing top soil in the planting beds, fine grading, decomposed granite paving, tree and shrub installation, granite mulch, seeding and sod installation. Project Cost: $40,000.00 8. City of Lubbock Youth Sports Complex Completed: 10-15-08 The irrigation consisted of connecting to an existing water meter, backflow prevention, 800 GPM booster pump, installing sleeves, installing valves, 8 irrigation controllers with radio communication and system flow monitoring, rotor sprinklers and drip irrigation zones for future use. Project Cost: $661,000.00 Turfmaster Irrigation and Landscaping, Inc. 9. Roosevelt ISD New Gymnasium Completed: 4-10-09 We provided the landscape and irrigation design including hardscape, retaining walls, plant selection, irrigation components and specifications. The project irrigation consisted of connecting to an existing water source, boring under walk and driveways, sleeves, installing valves, pop-up sprinklers, rotor sprinklers, drip irrigation zones with filtration and installation of drip irrigation on newly installed plant material. The landscaping consisted of plant bed preparation, installing top soil, fine grading, tree and shrub installation, inorganic mulch and sod installation. Project Cost: $49,000.00 10. Lubbock Economic Development Alliance, Lubbock Business Park Phase I Completed: 4-20-2010 The project irrigation consisted of connecting the backflow prevention, booster pump, 5000' of 8" main line, installing sleeves, installing valves, pop-up sprinklers, rotor sprinklers, drip irrigation zones with filtration and installation of drip irrigation on newly installed plant material. The landscaping consisted of plant bed preparation, installing top soil in the planting beds, Pavestone retaining walls, trees, shrubs, Enka -mat erosion control system with Flex-tera hydro -mulch, fine grading and seeding Project Cost: 569,000.00 Turfmaster Irrigation and Landscaping, Inc. Project Owner. Texas Tech University Project Name: 18"' Street Irrigation and ( Landscape Renovations General Description of Project: New irrigation and landscaping for medians in and around the the parking areas at TTU dorms on 18"' street. Name Title/Position Organization Telephone E-mail Owner. Texas Tech University Housing Dept. Designer. Jason Hodges Architect TTU Facilites 742.2116 ason.hod es ttu.edu Construction Manager. Jeremy Brozo Proj. Manager Sandia Const. 745.9450 jeremyO-sandiaconst.com Surety: Unknown Budget History S Amount % of Bid Amount ( Bid. $94,000.00 Change Orders: Owner Enhancements: 0.00 Unforeseen Conditions: 0.00 Design Issues: 0.00 Total. 0.00 ( Final Cost: $94,000.00 I Schedule Performance Date Days Notice to Proceed: 5-20-2006 90 Contract Substantial Completion Date at Notice to Proceed. 8-20-2006 90 Contract Final Completion Date at Notice to Proceed: 8-20-2006 90 Change Order Authorized Substantial Completion Date: 8-20-2006 90 Change Order Authorized Final Completion Date. 8-20-2006 90 Actual /Estimated Substantial Completion Date: 8-10-2006 80 1 Actual / Estimated Final Completion Date: 8-10-2006 80 Project Project Safety Quality Control Manager Superintendent Officer Manager Name: Jimmy Schneider Jimmy Schneider Jimmy Schneider Jimmy Schneider Percentage of Time Devoted to the Project: 100% 100% 100% 100% l Did Individual Start and Complete the Project. Yes Yes Yes Yes If not, who started or completed the project: Reason for Change: I None Turfmaster Irrigation and Landscaping, Inc. Project Owner. City of Lubbock Water Utilities Project Name: Parks Irrigation Groundwater Conversion Phase I General Description of Project., Connecting new irrigation water wells to the existing irrigation systems on city parks. Name Owner. City of Lubbock Designer. Zoltan Fekete Construction Manager. Fred Sultan Surety: Unknown Budget History Title/Position Organization Telephone E-mail Li Water Utilities Engineer Water Utilities zfeketeCaD-mail.ci.lubbock.tx.usl Proj. Manager Craig Wallace Const. 798.7242 fsultan(c)-cwc-Itd.com rr 11 Amount Bid. $550,547.00 Change Orders: Owner Enhancements: $(11,580.00) Unforeseen Conditions: . 0.00 Design Issues. $21,071.00 Total: $9,491.00 Final Cost: $560,038.00 Schedule Performance Notice to Proceed. Contract Substantial Completion Date at Notice to Proceed: Contract Final Completion Date at Notice to Proceed: Change Order Authorized Substantial Completion Date: Change Order Authorized Final Completion Date. Actual / Estimated Substantial Completion Date: Actual /Estimated Final Completion Date: Project Project Manager Superintendent Name. Jimmy Schneider Brian Krohn Percentage of Time Devoted to the Project: 100% 100% Did Individual Start and Complete the Project. Yes Yes If not, who started or completed the project: Reason for Change: None % of Bid Amount 2% 4% 2% Date 10-13-2006 Unknown Unknown 5-13-2007 Unknown 6-1-2007 7-8-2007 Safety Officer Jimmy Schneider 100% Yes Days 180 210 228 266 Quality Control Manager Jimmy Schneider 100% Yes Turfmaster Irrigation and Landscaping, Inc. Project Owner. City of Lubbock Water Utilities Project Name: Parks Irrigation Groundwater Conversion Phase II General Description of Project: Connecting new irrigation water wells to the existing irrigation systems on city parks. Name Title/Position Organization Telephone E-mail Owner. City of Lubbock Water Utilities Designer. Zoltan Fekete Engineer Water Utilities zfekete .mail.ci.lubbock.tx.us Construction Manager. Fred Sultan Proj. Manager Craig Wallace Const. 798.7242 fsultan(cD-cwc-Itd.com Surety: Unknown Budget History Amount Bid. $346,884.00 Change Orders: Owner Enhancements: 0.00 Unforeseen Conditions. 0.00 Design Issues: 0.00 Total: 0.00 Final Cost. $346,884.00 Schedule Performance Notice to Proceed: Contract Substantial Completion Date at Notice to Proceed. Contract Final Completion Date at Notice to Proceed. Change Order Authorized Substantial Completion Date: Change Order Authorized Final Completion Date: Actual / Estimated Substantial Completion Date: Actual / Estimated Final Completion Date: Project Project Manager Superintendent Name: Jimmy Schneider Brian Krohn Percentage of Time Devoted to the Project.- 100% 100% Did Individual Start and Complete the Project.' Yes Yes If not, who started or completed the project. Reason for Change: None % of Bid Amount Date 2-25-2007 Unknown Unknown Unknown Unknown 8-1-2007 10-8-2007 Safety Officer Jimmy Schneider 100% Yes Days 150 150 154 222 Quality Control Manager Jimmy Schneider 100% Yes Turfmaster Irrigation and Landscaping, Inc. Project Owner. City of Lubbock Project Name: MLK Little League Baseball Complex General Description of Project: Installing sod and seed all areas under irrigation at the new MLK Complex Name Title/Position Organization Telephone E-mail Owner. City of Lubbock Parks and Rec. Designer. Craig Wuensche Park Develop. Parks and Rec. Construction Manager Jim Hunter Owner Hunter Const. Surety.- Unknown Budget History Amount Bid: $51, 000.00 Change Orders: Owner Enhancements: 0.00 Unforeseen Conditions., 0.00 Design Issues: 0.00 Total: 0.00 Final Cost. $51, 000.00 Schedule Performance Notice ,to Proceed: Contract Substantial Completion Date at Notice to Proceed. Contract Final Completion Date at Notice to Proceed: Change Order Authorized Substantial Completion Date: Change Order Authorized Final Completion Date: Actual / Estimated Substantial Completion Date: Actual / Estimated Final Completion Date: Project Project Manager Superintendent Name: Jimmy Schneider Jimmy Schneider Percentage of Time Devoted to the Project: 100% 100% Did Individual Start and Complete the Project: Yes Yes If not, who started or completed the project: Reason for Change: None 775.2665 CWuenscheCcilmail.ci.lubbock. ', IL J 799.4319 % of Bid Amount Date Unknown Unknown Unknown Unknown Unknown Unknown Unknown Days Safety Quality Control Officer Manager Jimmy Schneider Jimmy Schneider 100% 100% Yes Yes 11 Turfmaster Irrigation and Landscaping, Inc. Project Owner. Cooper ISD Project Name: Cooper West Elementary School General Description of Project New irrigation system, landscaping, sodding and seeding of a new school at 98"' and Frankford. Nam Title/Position Organization Telephone E-mail Owner Cooper ISD Designers Ty Sisco Architect PSC 473.2200 tsiscoateam-psc.com Construction Manager. Jeremy Brozo Proj_ Manager Sandia Const. 745.9450 jeremyo.sandiaconst.com Surety. Unknown Budget History Amount Bid: $239,000.00 Change Orders: Owner Enhancements: 0.00 Unforeseen Conditions: 0.00 Design Issues: 0.00 Total: 0.00 Final Cost: $239,000.00 Schedule Performance Notice to Proceed. Contract Substantial Completion Date at Notice to Proceed: Contract Final Completion Date at Notice to Proceed: Change Order Authorized Substantial Completion Date: Change Order Authorized Final Completion Date: Actual / Estimated Substantial Completion Date: Actual / Estimated Final Completion Date: Name: Percentage of Time Devoted to the Project. Did Individual Start and Complete the Project. If not, who started or completed the project: Reason for Change: I None Project Project Manager Superintendent Jimmy Schneider Jimmy Schneider 100% 100% Yes Yes % of Bid Amount Date Unknown Unknown Unknown Unknown Unknown 10-01-2007 10-25-2007 Safety Officer Jimmy Schneider 100% Yes Days Quality Control Manager Jimmy Schneider 100% Yes Turfmaster Irrigation and Landscaping, Inc. Project Owner. Texas Tech University Project Name: TTU Health Sciences Center Clinical Tower/Research Center General Description of Project: New irrigation and landscaping for new building and parking lots associated with the Clinical Tower. i Name Title/Position Organization Telephone E-mail Owner. Texas Tech University Health Sciences Designer. Jason Hodges Architect TTU Facilites 742.2116 jason.hodges(uD-ttu.edu Construction Manager David Meadows Proj. Manager Lee Lewis Const. 797.8400 dmeadows leelewis.com Surety: Unknown � Budget History Amount Bid. $438,500.00 Change Orders: Owner Enhancements: $18,500.00 Unforeseen Conditions: 0.00 Design Issues: $30,000.00 Total. $38,500.00 Final Costa $487,000.00 Schedule Performance Notice to Proceed. Contract Substantial Completion Date at Notice to Proceed: Contract Final Completion Date at Notice to Proceed. Change Order Authorized Substantial Completion Date: Change Order Authorized Final Completion Date: Actual / Estimated Substantial Completion Date: Actual / Estimated Final Completion Date: Name: Percentage of Time Devoted to the Project., Did Individual Start and Complete the Project. If not, who started or completed the project: Reason for Change: None Project Manager Jimmy Schneider 100% Yes Project Superintendent Brian Krohn 100% Yes % of Bid Amount Date 8-15-2007 Unknown Unknown Unknown Unknown 12-15-2007 1-15-2008 Safety Officer Jimmy Schneider 100% Yes Days Quality Control Manager Jimmy Schneider 100% Yes Turfmaster Irrigation and Landscaping., Inc. r Project Owner. Texas Tech University Project Name: TTU Health Sciences Center C International Pain Institute General Description of Project: New irrigation and landscaping for new building and parking lots associated with the Pain Institute. Name Title/Position Organization Telephone E-mail Owner. Texas Tech University Health Sciences Designer. Jason Hodges Architect TTU Facilites 742.2116 iason.hodgesQ-ttu.edu Construction Manager. David Meadows Proj. Manager Lee Lewis Const. 797.8400 dmeadowsCcaleelewis.com Surety. Unknown Budget History Amount Bid: $40,000.00 Change Orders: Owner Enhancements: $5,680.00 Unforeseen Conditions: 0.00 Design Issues: 0.00 Total. $5,680.00 Final Cost. $45,680.00 Schedule Performance Notice to Proceed. Contract Substantial Completion Date at Notice to Proceed. Contract Final Completion Date at Notice to Proceed: Change Order Authorized Substantial Completion Date: Change Order Authorized Final Completion Date: Actual / Estimated Substantial Completion Date: Actual / Estimated Final Completion Date: Project Project Manager Superintendent Name: Jimmy Schneider Brian Krohn Percentage of Time Devoted to the Project 100% 100% Did Individual Start and Complete the Project. Yes Yes If not, who started or completed the project: Reason for Change: None % of Bid Amount 14% 14% Date Unknown Unknown Unknown Unknown Unknown 4-15-2008 5-28-2008 Safety Officer Jimmy Schneider 100% Yes Days Quality Control Manager Jimmy Schneider 100% Yes Turfmaster Irrigation and Landscaping, Inc. Project Owner. City of Lubbock Project Name: Lubbock Youth Sports Complex General Description of Project. Installing irrigations system and booster pump for the 16 softball and baseball fields Name Title/Position Owner. City of Lubbock Designer. Craig Wuensche Park Develop. Construction Manager: Brent Wecker Proj. Manager Surety.- Unknown Budget History Organization Telephone E-mail Parks and Rec. �1 Parks and Rec. 775.2665 CWuenscheCcD_mail.ci.lubbock.l 1. _J Lee Lewis Const. 797.8400 bweckarCeDleelewis.com Amount Bid: $841, 552.00 Change Orders: Owner Enhancements: 0.00 Unforeseen Conditions. $20,075.00 Design Issues: 0.00 Total. ($200,302.00) Final Cost: $661,325.00 Schedule Performance Notice to Proceed: Contract Substantial Completion Date at Notice to Proceed. Contract Final Completion Date at Notice to Proceed. Change Order Authorized Substantial Completion Date: Change Order Authorized Final Completion Date: Actual / Estimated Substantial Completion Date: Actual /Estimated Final Completion Date: Project Project Manager Superintendent Name: Jimmy Schneider Brian Krohn Percentage of Time Devoted to the Project: 100% 100% Did Individual Start and Complete the Project: Yes Yes If not, who started or completed the Droiect.• % of Bid Amount 2.5% (24%) Date 12-15-2007 Unknown Unknown Unknown 10-15-2008 3-10-2009 Safety officer Jimmy Schneider 100% Yes Days Quality Control Manager Jimmy Schneider 100% Yes tJ None U Turfmaster Irrigation and Landscaping, Inc. Project Owner. Roosevelt ISD Project Name: New Gymnasium General Description of Project: Design/Build and install a complete irrigation system, trees, shrubs and sod for a new gym. Name Title/Position Organization Telephone E-mail Owner. Roosevelt ISD Maintenance Dir. Roy Turner 535.6102 Designer. Jimmy Schneider Pres, Turfmaster. 863.3423 iimmyturfmaster(-msn,com Construction Manager. Jim Hunter Owner Hunter Const. 799.4319 Surety: Unknown Budget History Amount % of Bid Amount Bid: $49,000.00 Change Orders: Owner Enhancements: 0.00 Unforeseen Conditions: 0.00 Design Issues., 0.00 Total: 0.00 Final Cost: $49,000.00 Schedule Performance Date Days Notice to Proceed. 10-07-2008 Contract Substantial Completion Date at Notice to Proceed. Unknown Contract Final Completion Date at Notice to Proceed: Unknown Change Order Authorized Substantial Completion Date: Unknown Change Order Authorized Final Completion Date: Unknown Actual / Estimated Substantial Completion Date: 5-10-2009 Actual / Estimated Final Completion Date: 5-10-2009 Name: Percentage of Time Devoted to the Project: Did Individual Start and Complete the Project. If not, who started or completed the project: Reason for Change: None Project Project Manager Superintendent Jimmy Schneider Jimmy Schneider 100% 100% Yes Yes Safety Quality Control Officer Manager Jimmy Schneider Jimmy Schneider 100% 100% Yes Yes Turfmaster Irrigation and Landscaping, Inc. Project Owner. Lubbock Economic Development Alliance Project Name: Lubbock Business Park Phase I General Description of Project New irrigation and landscaping for medians in Lubbock Business Park Phase I. Name Owner. LEDA Designer. Kathy Lust Construction Manager. Jimmy Schneider Surety: Suretec Budget History Title/Position Organization Telephone E-mail CFO Jana Johnston 723.8242 jana.johnson0-1ubbockeda. Architect PSC 473.2200 KLust team-psc.com Proj. Manager Turfmaster. 863.3423 jimmyturtmasterCa)_msn.com Howard Cowan 722.2663 [1 Amount % of Bid Amount Bid:,, $568,965.00 Change Orders: Owner Enhancements: 0.00 Unforeseen Conditions: 0.00 Design Issues. 0.00 Total: 0.00 Final Cost: $568,965.00 Schedule Performance Date Days Notice to Proceed: 6-29-2009 120 Contract Substantial Completion Date at Notice to Proceed: 10-29-2009 120 Contract Final Completion Date at Notice to Proceed: 11-29-2009 150 Change Order Authorized Substantial Completion Date: Change Order Authorized Final Completion Date: Actual/Estimated Substantial Completion Date: 3-15-2010 265 Actual / Estimated Final Completion Date: 5-10 2010 320 Project Project Safety Quality Control Manager Superintendent Officer Manager Name: Jimmy Schneider Brian Krohn Jimmy Schneider Brain Krohn Percentage of Time Devoted to the Project: 100% 100% 100% 100% Did Individual Start and Complete the Project: Yes Yes Yes Yes If not, who started or completed the project. - None 11 JSL LANDSCAPING, INC. 3410 98'" Suite 4-130 Lubbock, TX 79423 (806) 445-0321 Irrigation License #7450 BPAT License # 11736 Applicators License #0514359 Profile: JSL Landscaping, Inc has been in business since January z000, running a successful Irrigation and Landscaping Business. Our customers range from residential homeowners, individual business owners to commercial builders. Owner. Bo Jackson from January z000 to present Mission Statement: JSL Landscaping strives to provide superior customer service with attention to detail and maintain look customer satisfaction. We believe it is our responsibility as well as our privilege to utilize environmentally conscious practices through the use of water wise irrigation techniques and plant material. We will conduct business with the highest level of professionalism, integrity, reliability, and of the highest quality. Jobs: City of Lubbock Parks Irrigation Groundwater Conversion, Phase I Contact - City of Lubbock - Zoltan Fekete Architect - Zoltan Fekete - City of Lubbock General Contractor - Craig Wallace Construction Company Beginning Date - 10/13/06 - 6/1/07 Duran Park, Elmore Park, Hoel Park, Kastman Park, Lopez Park, Mahon Park, Remington Park, Ribble Park, Rodgers Park, Smith Park, Stevens Park, Contract Price: $550,547.92 Combined work with Turfmaster City of Lubbock Parks Irrigation Groundwater Conversion, Phase II Contact - City of Lubbock - Zoltan Fekete Architect - Zoltan Fekete - City of Lubbock General Contractor - Craig Wallace Construction Company Beginning Date - 2/25/07 - 8/1/07 Andrews Park, Hood Park, Hueneke Park, McCallister Park, Miller Park, Higginbotham Park, McCoullough Park, Contract Price: $369884.00 Combined work with Turfmaster Irrigation City of Lubbock - South West Little League Baseball Fields Contact - Craig Wuensche - City of Lubbock Architect -Chapman Harvey General Contractor - W.R. Construction Company Beginning Date-12/12/07 - 7/31/o8 Contract Price: $209,518.6o City of Lubbock - Burgess Rushing Tennis Center Contact - Craig Wuensche - City of Lubbock Architect - Parkhill, Smith & Cooper General Contractor - Basic Industries Beginning Date - 2/20o8 - 9/2oo8 Contract Price: $151,828.00 Minnix Commercial - Fire Station #17 Contact - Rad Borg - Minnix Commercial Architect - Parkhill, Smith & Cooper Beginning Date - 3/1/09 - 8/i/o9 Contract Price: $41,700.00 Minnix Commercial - Revamp 3 City Parks Hollins, Woods & Burns Contact - Rad Borg - Mixxin Commercial Beginning Date: 6/25/09-1z/1/o9 Contract Price: $37,245•00 City of Sundown Texas Baseball Field Architect - Parkhill Smith & Cooper General Contractor - Craig Wallace Construction - Rick Denser/Superintendent Beginning Date: 3/19/09 - 9h/09 Contract Price: $213,858.00 In Progress Tommy Klein Construction Contact - Shad Hartman - Klein Construction Beginning Date: 6/21/10 Contract Price: $49,650.00 EM Wallace Sprinkler Inc. Similar Projects f City of Lubbock — Mae Simmons Park Craig Wiensche, Park Development Mgr (806) 775-2665) City of Lubbock — Dupree Park Craig Wiensche, Park Development Mgr (806) 775-2665 The Palms Apartments - Midland TX McDougal Construction Richard (806) 392-1273 ^ Texas Tech United Spirit Arena Texas Tech English / Philosophy Building Lubbock Independent School District — Various schools P.O. Box 53821 • Lubbock, TX 79424 ' (806) 239-9700 '(806) 794-4111 Turfmaster Irrigation and Landscaping, Inc. ' Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration: Turfmaster has completed numerous projects for the City of Lubbock and is very familiar the requirements which must be adhered to with this type of project. We have experience as the "Prime Contractor" as well as being a subcontractor and very confident in our ability to complete this project successfully while following the contract requirements. 2. Management of subcontractor and suppliers: Turfmaster has invested a great deal of time consulting with 2 major local suppliers and 2 of the most experienced, dependable and quality oriented local irrigation contractors. We have all worked together to assemble a plan by which we can provide the City with efficient, high quality project. 3. Time management: Turfmaster has made agreements with both Wallace r Sprinkler, Inc. and JSL Landscaping, Inc. to join us as partners for this project. l We feel that having 3 qualified local contractors working together will give us the ability to have the superintendents and manpower available to complete this project well ahead of schedule. 4. Cost control: Turfmaster, Wallace, and JSL have negotiated the best pricing possible from our suppliers, and we have passed that savings on to the City in our Proposal. We have also reviewed the plans and specification in great detail and we feel that our proposal is accurate, complete and offers the City value for the scope of work. 5. Quality management: We have learned from our past experiences, that the when a project of this size gets behind schedule, the quality will be the first thing to suffer as we rush to get the project complete. Turfmaster, Wallace, and JSL working together will allow us to stay ahead of schedule and therefore have the ability to take the time needed to oversee our employees. We also have crews which are familiar with the specifications used by the City and have experience with the best means and methods to install the equipment. 6. Project site safety: Turfmaster has successfully completed numerous projects for the City of Lubbock, local school districts and Texas Tech University. Site safety for these types of projects is a necessary part of the overall project schedule. We will manage our schedule, manage debrise, and use necessary barricades to reduce on site hazards. Turfmaster Irrigation and Landscaping, Inc. 7. Managing changes to the project: We understand that budget restraints affect all construction projects, and changes can have an adverse effect on the project budget. We will always assist the City in finding the most cost effective means to address and change that may arise. 8. Managing equipment: Turfmaster, JSL and Wallace each have complete fleet of equipment necessary to perform the work specified. What work will the organization complete using its own resources? What work does the organization propose to subcontract on this project? The plan we have produced will have Turfmaster Irrigation, Wallace Sprinkler, and JSL Landscape each be responsible for approximately 1/3 of the project. We each will have a designated area, but we have agreed to assist each other if that becomes necessary. Turfmaster Irrigation and Landscaping, Inc. Supplier Watermaster Irrigation Supply Address: P O Box 64208 Lubbock, TX 79464 Telephone Number. 797-9044 Supplier Ewing Irrigation Address: 5926 — 66th Street Lubbock, TX 79424 Telephone Number 794-9533 Provide a list of major equipment suppliers proposed for use on this project. List one manufacturer only for each item. Attach additional information if necessary. Manufacturer Name Equipment / Material Provided All American Pipe, Inc. Pipe and Conduit Hunter Industries Sprinklers, Bubblers and Valves KBI Swing Joints Rain Bird Sprinkler Nozzles and Quick Couplers Netafim Drip Tubing, Filters and Master Valves Ametek Valve Boxes Febco RPZ's Spears Fittings and Dry Splices CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent Must be submitted with Proposal a I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this Contra to (Original Signature) Contrac (Print) CONTRACTOR'S FIRM NAME: wt'�w��r ,�1"ri� �►� 4s (Print or Type) CONTRACTOR'S FIRM ADDRESS: P- o `Try --A 3a 2 Agent / Broker (Signature) / //_ __ Address of Agent/Broker:�ao I Y t Se-- - . �— City/State/Zip: LLt-66 o de- , 1 4�- Agent/Broker Telephone Number: ("tD k- Date: �- — NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2572. RFP 10-085-DD - IRRIGATION SYSTEM - CLAPP PARK Pate Intentionally Left Blank SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of _ other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of corporate officers and employees of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in � determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? V \ YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice f of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial l final judgments. YES NO 'Ile i If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, 1.4 with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO_JV_ If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR j (� Provide your company's Experience Modification Rate and supporting information: I 1 l ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 1 certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any srepresen lions or omissions may cause my proposal to be rejected. OL AA. U - Title SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-] 10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: ^4 4` i:0V_ 0j, t-1 O4 Lovjf 4 FEDERAL TAX ID or SOC TY No. A Signature of Company Official: M Printed name of company official signin ve: �l �''� �'^ J►' ") - I - ) 0 Date Signed: Page Intentionally Left Blank LIST OF SUB -CONTRACTORS Paee Intentionally Left Blank LIST OF SUB -CONTRACTORS Company Name and City Work Contracted Minority Owned Yes or No / 1.4.dj&CA- 5 —�- I�t1L xrricic.�l'r"U•^ ❑ V( 3. .,a¢G��J t CJ t:6K��/dam i.l,rt . IcJ�r� S ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ 0 IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 10-085-DD - IRRIGATION SYSTEM - CLAPP PARK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SM-CMTRACTORS Company Name and City Work Contracted Minority Owned Yes or No ��,.41G�G�.- �Q�t, i�hL �ir�ci��lr-� ❑ ,/ 1� ESL Lo,--lScc,P'�'�i .Z�e -T7r��k� ❑( ❑ ❑ IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 10-085-DD - IRRIGATION SYSTEM - CLAPP PARK BOND NO. 4375251 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $1003000) TURFMASTER IRRIGATION AND KNOW ALL MEN BY THESE PRESENTS, that LANDSCAPING, INC. (hereinafter called the Principal(s), as Principal(s), and SURETEC INSURANCE COMPANY hereinafter called the Surety(s), as Sur%W,IfNIIR�nIR�YyEi 1HDUSA of Lubbock (hereinafter called the Obligee), in the amount of AND NO I 1 OO----------------------- Dollars ($ 968,000.0 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26eh day of August, 2010, to RFP 10-085—DD — IRRIGATION SYSTEM — CLAPP PARK and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 1 ST day of SEPTEMBER , 2010. SURETEC INSURANCE COMPANY Surety r. By: (Title) khTA HILL ATTORNEY —IN —FACT TURFMASTER IRRIGATION AND LANDSCAPING, INC. (Company Name) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN an agent resident in Lubbock 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. SURETEC INSURANCE COMPANY Surety *By. (Title) MARLA HILL ATTORNEY -IN -FACT Approved as to Form CitAAttomeyy By: * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by- laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, a copy of power of attorney shall be provided to the City of Lubbock. BOND NO. 4375251 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) TURFMASTER IRRIGATION AND KNOW ALL MEN BY THESE PRESENTS, that LANDSCAPING, INC. (hereinafter called the Principal(s), as Principal(s), and SURETEC INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are h�� bo to t e City of Lubbock (hereinafter called the Obligee), in the amount of THOUS �D NS EIHT---------Dollars ($ 968 , 000.Oiplawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26"' day of August, 2010, to RFP 10-085-DD - IRRIGATION SYSTEM - CLAPP PARK ,..4 and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 1 ST day of SEPTEMBER 2010. SURETEC INSURANCE COMPANY Surety C,By: ) (Title) MARLA HILL ATTORNEY —IN —FACT TURFMASTER IRRIGATION AND LANDSCAPING, INC. (Company Name) By: wou � C�`v�► � (V' iritad Name)W (Sijtgke)�C_G., :_ The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN an agent resident in Lubbock 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. SURETEC INSURANCE COMPANY Sure * By:_)14�,4 &I ) � I (Title) MARLA HILL ATTORNEY —IN —FACT Approved as to form: City of L a By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by- laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, a copy of power of attorney shall be provided to the City of Lubbock. r SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 POA #: 4221000 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "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 Howard Cowan, Marla Hill its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(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 notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) h: lritness Whereof,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. hrr' SURETEC AS1JCE COMPANY ;> B.J. ICI , resident S-tateof Texas as: County of Harris ......... Ors Isis 28h day of October, 2008 before me personally came B.J, King, to me known, who, being by me duly sworn, did depose and say, that he resides in leauston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; loathe knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Dirntors of said Company; and that he signed his name thereto by like order. .ew,r.+wv.n MIchelle penny Notary PuhAo State of Texas �hA, ( �,� °F t�cpirss /4,�aa sr, 2ota tv W , ram,° � Michelle Denny, Notary P lic My commission expires August 27, 2012 L, N Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy cf Rower of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set outn the Power of Attorney are in full force and effect. C�x-iitn under my hand and the seal of said Company at Houston, Texas this 1ST day of SEPTEMBER 2010 , A.D. W7 / / / , /� ZI�Dtl M. Brent Beaty, Assis ant Secretary A04�q®nstrument issued in excess of the penalty stated above Is totally void and without any validity. E:- �ewerill cation of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ACb H CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/30/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRES ENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Aycock & Fowler Insurance Agency 9816 Slide Road Suite 302 Lubbock TX 79424 CONTACT Dawn Taylor PHONE . (806) 798-2700 FAX NO: (806) 798-2070 E-MAIL" ADDRESS: y dta for@aandfins.com PRODUCERCUSTOMER to p0000208 INSURERS AFFORDING COVERAGE NAIC 9 INSURED Turfmaster Irrigation, Inc. PO Box 628 Wolfforth TX 79382 INSURER A:Hart ord Insurance Company _ INSURERB:Texas Mutual Insurance Company 22945 INSURERC: INSURER D : INSURER E : INSURERF: i rrnVFRer_-FS rFRTIFIrATF NIIMRFRCL1073001207 RFVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR D POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY _15A TO RENTED PREM SES Ea occurrence) $ 1,000,00o A CLAIMS -MADE OCCUR 46SBAC08497 /11/2010 /11/2011 MEDEXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 E GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 IS X POLICY JEC LOC A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS LUECHF3697 �/11/2010 /11/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ motorist $ 1,000,000 NON -OWNED AUTOS Lnderinsured insured motorist combined $ 1,000,000 A X UMBRELLA LIAR X OCCUR 65BAC08497 /11/2010 /11/2011 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ $ 1 RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N I A TSF0001147343 /26/2010 7/26/2011 WC STATU- OTH- LIMITER E.L. EACH ACCIDENT $ `1 , 000,000 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 !f yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT ; $ 1,000,000 T, DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project Namd: Irrigation System - Clapp Park Certificate holder is named primary additional insured - as required by written contract. Waiver of Subrogation provided in favor of certificate holder. ddoss@mylubbock.us City of Lubbock Attn: Darlene 1625 13th Street Lubbock, TX 79401 ACORD 25 (2009/09) INS025 (200909) L:ANU1ZLLA i IVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Aycock/LG1 ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref # ity Coverage Code POLUT Form No. Edition Date HPollution Limit 1it 1,000,000,000 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description PIP -Basic Coverage Code PIP Form No. Edition Date Limit 1 2,500 Limit 2 Limit 3 Deductible Amount Deductible Type Premium - - Ref # Description Managed Care Option Coverage Code MCARE Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$829.00 Ref # Description Premium discount Coverage Code PDIS Form No. Edition Date Limit 1 Limit 1 Limit 2 Limit 2 T�_ Deductible Amount Deductible Type Premium -$91.00 Ref # Description Schedule Mod Factor 1 Coverage Code SCH01 Form No. _]_Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $137.00 Ref # Description Expense constant Coverage Code EXCNT Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $150.00 Ref # Description Increased employer's liability Coverage Code INEL Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $170.00 Ref # Description Schedule Mod Factor 2 Coverage Code SCH02 Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$363.00 Ref # Description Experience Mod Factor 1 Coverage Code EXP01 Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$1,384.00 Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount I Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium rOFADTLCV Copyright 2001, AMS Services, Inc. CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with H.n ..m.,iei....n nfft— .—A—A ....N,;— .—A 1.,. A;. nn,.,..e«., rt.. f .r t— r.ere:..sAer A--41—A Bvro„ai.,,,e ♦n eta. A —A ....i:,.., ..-+.A r,ore.... TYPE OF INSURANCE POLICY EFFECTIVE EFFECTIVE LIMITS NUMBER DATE DATE GENERAL LIABILITY 0 Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGO $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ 0 Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ 0 BUILDER'SRISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY 0 Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. (Name of Insurer) FIVE COPIES OF THE CERTIFICATE OF INSURANCE M. MUST BE SENT TO THE CITY OF LUBBOCK THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS PRIMARY ADDITIONAL INSUREDS AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. AND THE ADDITIONAL INSUREDS. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PROJECTS AND COMPLETE OPERATIONS. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. / CONTRACTOR INSURANCE CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of / any coverage agreements; V (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) 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 (B) 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; (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 ten (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; (7) post a notice on each project site informing all persons providing services on thb project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19- point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AND THE AS PRIMARY ADDITIONAL INSUREDS AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. AND THE ADDITIONAL INSUREDS. IT SHALL SHALL BE THE CONTRACTOR'S RESPONSIBILITY To PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PROJECTS AND COMPLETE OPERATIONS. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) 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; (D) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 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 (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. Paae Intentionally Left Blank CONTRACT 9563 STATE OF TEXAS 1 ' COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of August, 2010 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Turfmaster Irrigation & Landscaping, Inc. of the City of Wolfforth, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 10-085-DD - Irrigation System - Clapp Park and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Turfmaster Irrigation & Landscaping, Inc's proposal dated July 13, 2010 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER): c MAYOR By. ATTEST: PRINTUPC'ej, AME: TITLE: . -3-K- CT1iy Se etary COMPLETE ADDRESS: ` APPROVED AS O CONTENT: Company �r4 ✓AG-�T� Address V D • VS Dk le,)4 Own 's presen t' e City, State, Zip L Oot -nyi 2 . '� n ATTEST: V v Director APP OV D AS TO FORM: Corporate Secretary City Attorne 3 Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit Successful Offeror Turfmaster Irrigation & Landscaping, Inc., who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CRAIG WUENSCHE PARK DEVELOPMENT MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). g, 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a inember of the firni or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. 9. 10. 11. 12. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents and all licenses shall be submitted. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscdllaneous work and adjustment. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s)) has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with 5 i; I', any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner`s Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform C ' 1 such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - if neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then,the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than seven (7) calendar days prior to the opening of proposals. 26. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 27. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and cant' at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. employees providing services on the project, for the duration of the )jest; )vide to the Contractor, prior to that person beginning work on the )jest, a certificate of coverage showing that coverage is being provided all employees of the person providing services on the project, for the ration of the project; avide the Contractor, prior to the end of the coverage period, a new rtificate of coverage showing extension of coverage, if the coverage riod shown on the current certificate of coverage ends during the duration the project; ,tain from each other person with whom it contracts, and provide to the )ntmctor: a certificate of coverage, prior to the other person beginning work on the project; and a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; tain all required certificates of coverage on file for the duration of the oject and for one year thereafter; ►tify the governmental entity in writing by certified mail or personal :livery, within 10 days after the person knew or should have known, of ty change that materially affects the provision of coverage of any person oviding services on the project; and ►ntractually require each person with whom it contracts to perform as quired by paragraphs (a) - (g), with the certificates of coverage to be -ovided to the person for whom they are providing services. ig this contract or providing or causing to be provided a certificate of the Contractor is representing to the governmental entity that all s of the Contractor who will provide services on the project will be y worker's compensation coverage for the duration of the project, that the will be based on proper reporting of classification codes and payroll and that all coverage agreements will be filed with the appropriate carrier or, in the case of a self -insured, with the commission's Division of ance Regulation. Providing false or misleading information may subject sctor to administrative penalties, criminal penalties, civil penalties, or other ns. tractor's failure to comply with any of these provisions is a breach of )y the Contractor which entitles the governmental entity to declare the void if the Contractor does not remedy the breach within ten days after notice of breach from the governmental entity. its contract is commenced, each Contractor and subcontractor shall submit approval five Certificates of Insurance covering each insurance policy 'ITY OF LUBBOCK IN THE 4( WITH A COPY OF THE ? URANCE CERTIFICATES A PRIMARY ADDITIONAL «v V FAVOR OF THE CITY OF A ,TERNATIVE, SHALL BE ;ACTOR TO THE EFFECT LL BE SUBCONTRACTED. I.' ( TO PROVIDE TO THE )OCUMENTS INCLUDING~ CONTRACTOR. ion Insured (to include products 1 it}' isurance with limits of L­ )ccurrence to include: abrogation Required) vial ity Insurance with limits of not :imit, to include all owned and # P ability Hired and Non -owned 'REQUIRED. nce (Waiver of Subrogation s whether employed by the .ability of at least $500,000. ,y a certificate of insurance, a commission, or a coverage 'WCC-84), showing statutory th )erson's or entity's employees f 1 project. beginning of the work on the . he -oject has been completed and r carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental 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 persons providing services on the project; and (ii) 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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) 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; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19- point nonnal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance- This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000 (www.tdi.state.txusl to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract 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 reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) 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; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning - work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of anchange that materially affects the provision of YY coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, t expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process ` specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract I documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. tj If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding i of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum indicated in the Proposal Submittal Form, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the work. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum indicated in the Proposal Submittal Form, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial g conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Contract; provided, also, that when the Owner is having other. work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative)' may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within thirty (30) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such t stoppage shall be paid by Owner to Contractor. 'E 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations' herein contained, the Owner agrees to pay the Contractor the price set forth in the Contract attached hereto, which has been made a part of this contract, and the Contractor hereby agrees To receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against i Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. s; 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Payment for materials on hand and delivered to the project site will be limited to 90 percent of the material invoice price until actually incorporated into the project. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days or longer if accepted in writing by Owner after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of two (2) years from the date of the Owner's Representative's certification of final completion (also known as the Correction Period). 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of - (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non- compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; 4 and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); F it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. �M The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. THE BONDS MUST M A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 53. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools,- �t scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 54. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible -for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 55. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. Page Intentionally Left Blank DAMS -BACON WAGE DETERMINATIONS Pate Intentionally Left Blank GENERAL DECISION: TX20100181 05/07/2010 TX181 Date: May 7, 2010 General Decision Number: TX20100181 05/07/2010 Superseded General Decision Number: TX20080181 State: Texas Construction Type: Building County: Andrews County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 1 05/07/2010 * ASBE0066-004 03/01/2010 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR ........................$ 18_81 -------------8.33------- BOIL0531-001 07/01/2008 Rates Fringes Boilermaker ....................$ 26.02 13.66 ---------------------------------------------------------------- IRON0263-019 06/01/2008 Rates Fringes Ironworker, reinforcing and structural .......................$ 20.90 4.60 ---------------------------------------------------------------- LABO0154-010 05/01/2008 Rates Fringes Laborers: (Mason Tender - Cement/Concrete).................$ 12.73 3.20 ---------------------------------------------------------------- PLUM0629-002 06/01/2009 Rates Fringes PLUMBER ..........................$ 20.25 SUTX2009-002 04/20/2009 ---6_25 Rates Fringes ACOUSTICAL CEILING MECHANIC ...... $ 14.50 0.00 BRICKLAYER .......................$ 17.76 0.00 CARPENTER, Including Drywall } Hanging (Excluding Acoustical Ceiling Installation) ............ $ 13.46 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 13.27 0.00 4-= ELECTRICIAN ......................$ 15.85 0.00 LABORER: Common or General ...... $ 7.25 0.00 LABORER: Landscape and Irrigation .......................$ 8.50 0.22 LABORER: Mason Tender - Brick ... $ 12.02 0.00 LABORER: Mortar Mixer ........... $ 9.50 0.00 LATHER ...........................$ 12.00 0.00 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 13.75 0.00 T OPERATOR: Bulldozer .............$ 12.80 0.43 OPERATOR: Crane .................$ 21.33 0.00 OPERATOR: Forklift ..............$ 14.58 0.00 OPERATOR: Front End Loader ...... $ 10.54 0.00 PAINTER: Brush, Roller and Spray ............................$ 15.80 0.00 PLASTERER ........................$ 12.00 0.00 ROOFER ...........................$ 15.10 1.29 SHEETMETAL WORKER, Including HVAC Duct Installation ........... $ 18.00 0.00 TILE SETTER ......................$ 15.00 0.00 , TRUCK DRIVER .....................$ ---------------------------------------------------------------- 11.24 0.35 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates <` I �_I ` listed under the identifier do not reflect collectively bargained wage and fringe benefit r_ rates. Other designations indicate unions whose rates have I been determined . to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on _ a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. �9 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION GENERAL DECISION: TX20100028 03/12/2010 TX28 Date: March 12, 2010 General Decision Number: TX20100028 03/12/2010 Superseded General Decision Number: TX20080028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 03/12/2010 * SUTX2004-001 11/09/2004 Rates Fringes Asphalt Distributor Operator ... $ 9.25 0.00 Asphalt Heater Operator ........ $ 11.21 0.00 Asphalt paving machine operator$ 11.16 0.00 Asphalt Raker ..................$ 9.51 0.00 Broom or Sweeper Operator ...... $ 8.57 0.00 Bulldozer operator ...........$ 9.76 0.00 Carpenter ......................$ 12.61 0.00 Concrete Finisher, Paving ...... $ 13.26 0.00 Concrete Finisher, Structures..$ 11.20 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 0.00 Electrician ....................$ 17.00 0.00 Form Builder/Setter, Structures$ 9.26 0.00 Form Setter, Paving & Curb ..... $ 9.82 0.00 Front End Loader Operator ...... $ 10.52 0.00 Laborer, common ................$ 8.51 0.00 Laborer, Utility ...............$ 10.46 0.00 Mechanic .......................$ 16.85 0.00 Motor Grader Operator Rough .... $ 11.75 0.00 Motor Grader Operator, Fine Grade ..........................$ 13.50 0.00 Planer Operator ................$ 13.36 0.00 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 0.00 Scraper Operator ...............$ 8.50 0.00 Servicer .......................$ 8.98 0.00 Slip Form Machine Operator ..... $ 13.64 0.00 Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light ..........................$ 8.08 0.00 [; Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 , Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... $ 8.28 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ----------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 �_. The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Paae Intentionally Left Blank SPECIFICATIONS Pa2e Intentionally Left Blank IRRIGATION SYSTEM Clapp Park CITY OF LUBBOCK PARK DEVELOPMENT TECHNICAL SPECIFICATIONS 17, Section 02810 Irrigation System — Clapp Park Lubbock, TX SECTION 01 SUMMARY OF WORK I. General A. Scope of Project 1. The Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials, equipment, and incidentals necessary to fully and properly perform all work as shown on the plans and described in the specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering and construction practices, including material manufacturer's recommendations for installation and workmanship, for the skill or trade involved. 2. We request that your proposal be made in conformance with the guidelines contained in the specifications and on all plans. The contract shall be awarded to the company with the proposal determined to be the most advantageous to the City of Lubbock (which shall be called owner). B. Work Included: Section 02 - Product Substitution Section 03 - Irri ag t` C. Additional Information 1. All information under General Instructions to Bidder, General Conditions of Agreement, and Special Conditions apply to this section. 2. The Bidder shall be prepared to send the Owner a price breakdown of any and/or all items on which he has bid. Price breakdowns will only be requested after the bid opening has taken place. 3. These plans and specifications were prepared by Nash & Associates, Lubbock, TX (which shall be called architect). The architect shall verify all construction stakes for locations of elements at project sites, and give the architect 48 hours to approve the staking before construction can begin. D. Quality Assurance 1. Contractor's on Site Responsibilities a. The Contractor shall take all precautions necessary to protect all existing landscaping, sidewalks, cross country trail, buildings, vehicles, utilities, etc., in the area where the work is being done or that may be located adjacent to or in -route across city property to the job site. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. b. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site trees and shrubs. The Contractor and employees shall not park on unsurfaced park property and shall not drive vehicles across city land unless it is directly necessary to deliver materials to the job site. c. The Contractor shall take all necessary precautions to ensure the safety of any pedestrians and cross country trail users during the demolition, construction, and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these plans and specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by the owner. d. Any utility and irrigation lines shown on plans are for design and construction information only. The depths of utility lines are not guaranteed. All underground lines are referenced from known surface structures. It is not implied that all existing public utility lines are shown on plan. Park utilities include irrigation systems, and park lighting, all others are public utilities. The Contractor's attention is directed to the fact that other underground utility lines may exist of which the owner is not aware. The owner does not assume any responsibility for any public utilities that are not shown on plans. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's expense. Park development staff will assist in the design and relocation of utility lines. e. The Contractor shall be responsible for the protection of unfinished work and shall be responsible for the safety of individuals using the unfinished equipment. The Contractor shall, at his own expense, furnish and erect such bridges, barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. f. The Contractor shall be responsible for all damage to work due to the failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by the Contractor at his own expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of city's certificate of acceptance of the project. g. The Contractor shall be responsible for removal, hauling, and disposal of all debris and unusable material from proposed construction area and designated sites as shown on plans and in specifications. The owner shall retain the right to any existing materials deemed to have value. h. The Contractor shall be responsible for inspection of site, to verify the completion of all work as described in the specifications and shown on plans. i. The Contractor shall furnish and supply all supervision, equipment, and labor necessary to perform excavation, grading, backfill, compaction, and stock piling of material as specified herein and on the plans. j. Special Guidance Regarding ASBESTOS cement pipe: Contractor will be responsible for complying with applicable federal and state regulations regarding ASBESTOS cement pipe that may be encountered during excavation. Specifically, no ASBESTOS cement pipe may be intentionally disturbed without appropriate training, certification, engineering controls, and worker safety protections. Waste ASBESTOS associated with the disturbance of ASBESTOS cement pipe (whether intentional or unintentional) must be removed from the excavation and disposed of properly (wetted, double bagged in 6 mil poly, and transported to an authorized landfill). k. Procedures to be followed in the event that unexpected asbestos is found or previously non -friable asbestos materials become friable: a) There will be a designated competent person as required by the United States Occupational and Health Administration regulations in 29 CFR, 1926.1101 on site during the entire project. b) All work will stop if unexpected asbestos is found or previously non -friable asbestos becomes friable and the competent person will follow all local, state, and federal regulations. c) If unexpected asbestos is found or previously non -friable asbestos becomes friable the removal process will be paid by CHANGE ORDER. DO NOT INCLUDE ASBESTOS REMOVAL AS PART OF YOUR BID THIS WILL BE PAID BY CHANGE ORDER Irrigation System — Clapp Park 1. The contractor shall be responsible for the Texas Prevention Legislation. The Texas damage prevention law (Utilities Code Title 5, Chapter 251) took effect October 1, 1998. This law requires excavators to call 48 hours before they dig. Texas Excavation Saftey System Inc. (TESS) is a non profit corporation formed by member companies to prevent damage to underground facilities. The service is 100 percent free to excavators by calling 1-800-DIG-TESS (344-8377). in. Any utility and irrigation lines shown on plans are for design and construction information only. The depths of utility lines are not guaranteed. All underground lines are referenced from known surface structures. It is not implied that all existing public utlity lines are shown on plan. Park utilities are not listed with DIG TESS. They include but are not limited to irrigation systems, park lighting and all others are private utilites. The Contractor's attention is directed to the fact that other underground utility lines may exist of public utilities that are not shown on plans. It is the Contractor's obligation to locate and familiarize themselves with all utilities that are not shown on plans. Damage to utilities will be repaired at Contractor's expense. n. All trenching or any excavation shall be a greater distance from the trunk of any plant material than ten (1 Ox) times the diameter of the trunk at twelve (12") inches from the ground. If questions arise, the Contractor shall contact the Owners Representative for clarification. 2. Product Delivery, Storage, and Handling a. Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or vandalism. b. All manufacturers' labels, installation instructions, and shop drawings shall be in included for each item ordered. 3. Equipment Check a. The Contractor shall, one week after installation of equipment, check that all parts are secure and are in good working condition. b. Verify the completion of all work as described in the specifications and shown on plans. 4. Clean-up a. Demolition debris shall be removed from the site prior to commencement of construction work b. Within three (3) days after completion of the site, the Contractor shall clean, remove rubbish and temporary structures from the site. He shall restore adequately all property, to its original integrity both public and private, which has been damaged during the execution of work, and leave the entire site of the work in a neat and presentable condition. The cost of the "cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance by the owner will be considered. c. The Contractor shall clean up and dispose of all construction debris, including excavated ` rock material. The area shall be graded back into existing grade smoothly. d. All spare parts or other pieces of equipment shall be turned over to the Owner following completion of the project. 5. Warranty a. The Contractor shall guarantee all labor, workmanship, and materials supplied by the Contractor for a period of one (1) year from date of acceptance. b. Repairs made necessary due to faulty workmanship shall be made promptly by the Contractor at the Contractor's expense. Irrigation System — Clapp Park i 6. Related Documents a. Drawings and general provisions of the Contract, including General and Supplementary Conditions apply to this Section. b. Description of Work The work that the City of Lubbock desires to be performed is as follows: Remove, save and return to owner the existing valves and sprinkler heads from the areas be irrigated at Clapp Park. Preserve the integrity and operational capacity of the existing irrigation system in the areas of the park which remain un-affected by the construction work. Repair existing system which is damaged by ingress and or egress from the site. Remove, relocate, and/or replace the existing PVC mainline piping that will be affected by the work, as shown on the plan. Install new controller, sleeves, backflow assembles, piping, valves, and irrigation heads as shown on the plan, and integrate the new irrigation system into the existing irrigation system. End -of -Section a Irrigation System — Clapp Park 4 t SECTION 02 PRODUCT SUBSTITUTION I. General A. Work Included: Section 01 - Summary of Work Section 03 — Irrigation II. Substitutions A. Conditions for substitutions (`or approved equal') I. In the event that the clause `or approved equal' is used in the specifications pertaining to materials, the Bidder desiring to -make substitutions for specified equipment shall submit the following: a. Product identification, including manufacturer's name, address, and product literature. b. Product description. c. Product performance and test date. d. Reference standards. e. Manufacturer instructions for maintenance and repairs. 2. Request for substitution shall be included with the overall bid and will be considered before contract is awarded. 3. After the contract is awarded, no substitutions will be considered. It will be the Bidder/Contractor's responsibility to assure the availability of specified product or substitution before the bid date. 4. The Bidder shall provide the same guarantee for substitution as for product or method specified. 5. The Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. 6. The Bidder shall waive all claims for additional costs related to substitution that consequently becomes apparent. 7. The Bidder shall be prepared to send the Owner a price breakdown of any and/or all items on which he has bid. Price breakdowns will only be requested after the bid opening has taken place. B. Substitutions will not be considered if: 1. They are indicated or implied on shop drawings or project data submittals without being formally described in detail as to their differences from what was originally specified. 2. Acceptance will require substantial revision of the original layout of the project. End -of -Section Irrigation System — Clapp Park 5 H SECTION 03 IRRIGATION I. General A. Work Included: Section 01 - Summary of Work Section 02 - Product Substitution B. Qualifications of Bidder -Licensing 1. The Bidder shall supply the name and license number of the licensed irrigator who is responsible for the project with the bid submittal. The licensed irrigator shall be licensed in the state of Texas and must comply with TCEQ and the standards established by Title 30 TAC Chapter 344. A licensed irrigator or installer shall be on the job site at all times when irrigation work is in progress. 2. The Owner reserves the right to reject any bid if bidder is not qualified based on the above given criteria. l C. Codes and Standards The Bidder is to conform to all local, state, and federal codes and ordinances. D. Discrepancies It is the intent of this contract that all work must be completed and all material must be furnished in accordance with the generally accepted practice of the area. In the event of any discrepancies between the plans and specifications or doubts as to the meaning and intent of any portion of the contract, the Owner shall define what is intended to apply to the work. II. Site Conditions A. Examination of Sites Bidder shall visit the project site and compare drawings and specifications to the actual site. Failure to do so will in no way relieve the successful Bidder from the responsibility of completing the project in accordance to project specifications at additional cost to the Owner. B. Utilities 1. The Contractor's attention is directed to the fact that other underground utility lines may exist of which the Owner is not aware. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at the Contractor's expense. 2. Water Supply - Meter or other water source already installed. The Contractor is responsible for hook-up to system from the existing water meter. The connection and RPZ shall be the same size as the irrigation main, unless otherwise specified. 3. Electrical Power Supply - The Contractor will install power connection to the meter box. The Contractor shall set the meter box. The Contractor shall run power to the controller. Contractor must satisfy City of Lubbock electrical codes for hook-up. The Contractor is required to have a licensed electrician provide the electrical hook-ups. 4. Bores / Road crossings - Contractor is responsible for bores and sleeving necessary to go under city streets/utility drives to provide any utility service to the project site. Bored holes shall be of the smallest diameter that will permit installation of encasement pipe. Pipe sleeving under city streets, park roads, and or parking lots shall be 16-gauge smooth steel pipe with a minimum wall thickness of one -quarter (1/4") inch when pipe size is greater than four (4") inch diameter. Irrigation lines crossing sidewalks shall be sleeved with Schedule 40 PVC pipe twice that of the pipe when line is less than six (6") inch diameter. Pipe to be large enough for irrigation pipe Irrigation System — Clapp Park and conduit for electrical control wires (if necessary). Notes shown on plans shall over ride specifications. Sleeves shall extend at least two (2') feet out from under the surface structure. III. Field Quality Control A. Responsibility of Materials The Contractor shall be responsible for all materials furnished by him and shall replace at his own expense all material found to be defective in manufacture or if it has become damaged in handling after shipment. B. Responsibility of Property 1. The Contractor shall be responsible for the protection and preservation of all plant material, monuments, and structures during installation. Any damage shall be repaired or replaced by the Contractor, at his own expense, to the satisfaction of the Owner. 2. All trenching or any excavation is to be no less than six (6) feet from the trunk of any plant material. If questions arise, the Contractor shall contact the Owner for clarification. C. Barricades and Protective Measures 1. The Contractor shall be responsible for the protection of unfinished work. The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals. He shall also take such other precautionary measures for the protection of persons, property, and the work as may be necessary. 2. The Contractor shall be responsible for all damage to the work due to failure of barricades, signs, and lights to protect it. When damage is incurred, the damaged portion shall be immediately removed and replaced by the Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to of City's certificate of acceptance of the project. IV. Submittals A. Shop Drawings Contractor shall submit shop drawings to the Owner before installation of equipment. Shop drawing to include complete layout and detail drawings illustrating the location and type of all heads, valves, piping circuits, controls, and accessories. B. Maintenance Materials At the completion of the job, the Contractor shall furnish spare parts, special tools, and equipment required to operate and maintain the system. C. Maintenance Data The Contractor shall furnish two (2) copies of parts list and repair manuals for controllers, valves, and heads. D. Project Record Document The Contractor shall prepare "as -built" plans of system after final check. Work to be done with legend describing symbols for equipment in a digital format of AutoCAD or "approved equal". "As -built" plans shall be accurate. Inaccurate plans will not be accepted. Final payment will not be made until "as -built" plans are submitted and approved by Park Development staff. V. Products A. Performance of Specified Material 1. All specifications given for materials are based on the performance of the equipment. This is to assure the integrity and proper hydraulics for which the system is designed. If bid material does not conform to given performance specifications, the bid will be rejected by the Owner based Irrigation System — Clapp Park 7 �i on grounds that proper function of system could not be maintained by using equipment that does not meet the performance specifications required. 2. All material to be new, unused, and current. 3. All material must be a standard product of a manufacturer. 4. The Contractor shall provide performance records to verify equipment capabilities. B. Materials 1. PVC Pipe All polyvinyl chloride pipes shall be class 200, SDR 21 un-plasticized polyvinyl chloride, Type I, Grade I. 2. Polyethylene Line All polyethylene line shall be Agricultural Products, Inc.'/" polyethylene, OD = .710, ID = .610, and be made from low density. 3. Fittings a. All pipe must have manufacturer's markings clearly printed on them during installation b. All class 200 pipes must conform to ASTM. D-2241 c. All lateral piping under four (4) inches shall be solvent weld. d. All mainline piping four (4) inches and larger shall use belled ends or belled couplings using rubber gaskets in twenty- (20) foot laying lengths. e. All fittings for four (4) inches or larger mainline shall be 200 psi Gasketed Fittings. f. All fittings shall be pressure rated for 200-psi maximum working pressure. g. Gaskets shall be designed for pressure and vacuum with maximum deflection (ASTM F- 477). h. PVC Fittings (1) Schedule 40 fittings must conform to ASTM D-2466. (2) Schedule 80 fittings must conform to ASTM D-2464. j. Three (3) X Four (4) Reducing Male adapters shall not be used. 4. Swing Joints a. Nipples: Schedule 80 with molded threads on both ends, unless specified otherwise in construction detail. b. Elbows: (90 degree) Schedule 40 FIPT X FIPT. c. Pre -fabricated swing joints are acceptable as specified Sec. 06, C, 5B. d. Lateral line fittings: Schedule 40. 5. Flow Sensor (1) The sensor shall be an in -line type with a non-magnetic, spinning impeller (paddle wheel) as the only moving part. (2) The sensor sleeve shall be brass (or 316 stainless steel) with the sensor housing being PPS. The sensor shall be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. (3) The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be 2 single 18 AWG leads 48 inches long. Insulation shall be direct burial "UF" type colored red for the positive lead and black for the negative lead. (4) Insertion of the sensor into any pope size shall be 1 '/2" from the inside wall to the end of the sensor housing Irrigation System — Clapp Park 8 (5) The sensor shall operate in line pressures up to 400 psi and liquid temperatures up to 220 degrees farenheit, and operate in flows of 1 fps to 30 fps. (6) The flow sensor shall be Data Industrial Model IR-220-B. , 6. Valves a. Manual Control Gate Valve All gate valves shall have resilient seats, iron body, bronze mounted throughout, threaded 3/4", brass or bronze, and shall meet all requirements of AWWAC 509. All valves shall be mechanical joint. All valves shall open by turning to the left, and unless otherwise specified shall have non -rising stem when buried and outside screw and yoke when exposed. Gate valves shall be furnished with a two-inch operating nut when valves are buried and shall be furnished with hand wheels when exposed. Gate valves shall be furnished with O-ring stem packing. b. Quick -coupler Valves (1) Rain Bird # 44-RC, 1", Single lug, 2-piece body, heavy cast bronze with Rubber Cover Lid `or approved equal'. (2) Standard cover. (3) The Contractor shall supply the Owner with two- (2) valve keys for each Quick -coupler type. (4) Installed with minimum ten- (10) inch diameter with a minimum six- (6) inch opening concrete doughnut (for 1" valves). Donuts shall be installed flush with finished ground level and shall not shift when walked upon. c. Section Valve (Hunter ICV Series or `approved equal') (1) Sized according to plan. (2) Direct burial, remote control electric valve normally closed. (3) Solenoid - Waterproof molded epoxy resin construction having no carbon steel components exposed. (4) Actuator - Stainless steel enclosed in a watertight protection capsule with a molded in place rubber exhaust port seal. Spring shall be stainless steel. (5) Diaphragm - Dual ported, made of nylon reinforced nitril rubber (6) Flow adjustment system. (7) Cold water working pressure -200 psi (8) Heavy-duty glass -filled UV resistant nylon with stainless steelstuds and flang brass nuts. d. Backflow Preventor (1) The RPZ valves shall be a Febco series 880 "or approved equal". Size to handle design flow as specified on the irrigation plans. (2) The unit shall have non -rising stem resilient seat gate valves. (3) The unit shall consist of four (4) test cocks with plugs which provide for in -time testing and maintenance. (4) The RPZ valves are to be accessible from the top of the device without removing the check valve body from the line. (5) Stainless steel springs and corrosion resistant materials shall be used throughout. (6) Hot -Box enclosure to be used. (See V. Products, B., 7., Valve boxes, b.) e. Master Valve (1) The body and bonnet shall be cast iron (ASTM A 125 CI.B) with stainless steel nuts bolts, washers, and diaphragm spring. Irrigation System — Clapp Park 9 - (2) Diaphragm material shall be natural rubber (nylon reinforced polyisoprene). ' (3) The iron body shall include a protective polyester coating which is resistant to corrosive elements. Unique design with direct sealing diaphragm allows for a straight flow pattern with low friction loss. (4) Valve shall have two flange connections (ANSI CL-125) (5) Valve shall be model number: 61 ELIF4HP as manufactured by Netafim USA, Fresno, California 7. Valve Boxes a. Valve Box (Ametek "or approved equal"). (1) Supplied by the Contractor (2) To be installed by the Contractor (3) Minimum dimensions: 15" x 21" x 12" deep, molded plastic. Extensions shall be used as necessary to bring valve box to grade and shall be compatible with box to achieve depth required (no bricks shall be used). (4) Bolt -in green lid with cover lift holes (rectangular, lid shall have snap lock tab closure). b. Hot Box Backflow Enclosure (1) The enclosure shall be certified to ASSE 1060 and be a minimum of 1/8" thick thixotropic polyester resin reinforced with fiberglass strand. (2) Enclosure shall utilize a lockable flip top design, for maintenance access through lid without removal of the entire unit. (3) Enclosure shall be anchored to a concrete slab or GLASSPAD from within the enclosure with steel anchors and require a single lock for security purposes. (4) Heat feature will protect the piping and equipment from exterior temperatures to -30 degrees farenheit. Heat source shall be mounted a minimum of 7" above the slab unless it is UL or ETL certified and NEC approved for submersion. (5) Model shall be insulated with heat, number HB4000, as manufactured by Hot Box Enclosures, Jacksonville Florida. 8. Sprinkler Heads. a. Specified Head #1: Hunter Institutional Spray or "approved equal" (1) Body: Shall be Institutional and (or "approved equal') Non -corrosive cycolac and stainless steel construction. (2) Pop-up design with pressure regulation. b. Specified Head #2: Hunter 135 series (Hunter model #: I35 06 SS) with flow rates ranging between 9 and 25 gpm, `or approved equal'. (1) Sprinklers shall be pop-up type with gear drive for full circle and part circle coverage. The final gear drive and bull gear drive shall be made of stainless steel and brass. The nozzle and drive assembly shall also be encased in stainless steel. (2) Sprinklers shall be mounted up to one-half (1/2") inch below finished grade. c. Specified Head #3, Hunter 120 series (Hunter model #: I20 06 SS) with standard nozzle flow rates ranging between three (3) and six (6) gallons per minute `or approved equal'. (1) Sprinklers shall be pop-up type with gear drive for full circle and part circle coverage. The final gear drive and bull gear drive shall be made of stainless steel and brass. The nozzle and drive assembly shall also be encased in stainless steel. (2) Sprinklers shall be mounted up to one-half (1/2") inch below finished grade. 9. Controller: Irrigation System — Clapp Park 10 Rainmaster Evolution DX211m irrigation controller shall be manufactured by Rain Master Irrigation Systems, Inc. Contractor to be responsible for sending the existing 32 station controller to Rain Master Irrigation, Simi Valley, California, for upgrade to 48 station controller per factory specifications. 10. Lightning Arrestors with Grounding Rods (if applicable). a. Arrestor to be installed at controller by Contractor. Lightening rods shall be installed by Contractor. b. Ground Rods -Copper coated steel using copper coated or bronze one-piece clamps. 11. Control Wiring a. All 24 volt wiring to be 14 AWG-annealed copper, Baron UF, 600 volt, PVC coated UL approved direct burial. b. All wire to be single stranded, one wire for each electric valve and a common wire. (1) 12 gauge Common wire (2) 14 gauge Zone wire c. Flow Sensor wire — EV-CAB-SEN or "approved equal" — 2 conduitor direct burial shielded cable for connectiong flow sensors to controllers. Maximum allowable distance is 2000 feet. d. Communication Cable — EV-CAB-COM or "appoved equal" - 2 conductor direct burial shielded cable for connecting controllers. Maximum allowable distance is 2000 feet. e. All control wires to be installed at minimum depth of eighteen (18") inch and directly alongside any pipe if the same ditch is used. f. Add yellow and green 14 gauge spare wires looped in mainline ditch. Contractor shall place a minimum of 18" of each spare wire in each valve box. 12. Miscellaneous Equipment a. Wire Connectors shall be 3M model DBY. b. Provide moisture -proof connection for underground wiring. c. Solvent Cementing (1) Primer- Weld -On P-68 Purple Colored Only (All pipe and fittings) (2) Solvent-'/" then 1 '/2" Weld -On #705; 2" three-10" Weld -On #717. (3) Manufactures Recommendations shall be followed at all times. d. " Thrust Blocks (1) Concrete "ready -mix" - 3,000 PSI. in 28 days with number #3 rebar installed. To be placed at all angles and terminal ends of two and one-half (2 '/2") inch or greater pipe. To be placed at all angles (90's, 45's, tees) and at terminal ends of pipe. (Refer to Thrust Block Detail) Thrust Blocks must be installed against the pipe and extend to twelve (12") inches of an undisturbed vertical wall of the trench. All pipe and fittings to be wrapped in thirty (30) pound felt to protect from movement. e. Fresh water line shall be no less than schedule 40 and have a six (6') foot minimum horizontal separation from all other underground utilities. Tracer wire is requirement of all fresh water lines. f. All pipe to have a one (l') foot minimum vertical separation from all non -like utility lines. F' Irrigation System — Clapp Park �l VI. Execution A. Handling of Materials The Contractor shall exercise care in handling, loading, and unloading of all equipment. All PVC pipe, fittings, and other equipment shall be adequately covered and protected from the elements. Pipe and fittings also shall be transported in such a fashion as to be protected from excessive bending and from external, concentrated load at any point. B. Trenching 1. To have straight, flat bottoms and of sufficient depth for sprinkler head and operable swing joint 2. Trench Size: a. Minimum width: Six (6") inches and/or six (6") inches greater than pipe size b. Minimum cover over installed supply piping: Eighteen (18") inches c. Minimum cover over installed branch piping: Fourteen (14") inches d. Minimum cover over installed outlet piping: Fourteen (14") inches e. Maximum centerline depth main line shall not exceed twenty-four (24") inches at zone valves. f. Maximum centerline depth of zone valves shall not exceed eighteen (18") inches at zone valves 3. Pipe pulling is not acceptable. 4. All trenches and adjoining areas shall be hand raked to leave the grade in as good or better condition than before construction started. 5. All settling and low areas that occur within the first twelve (12) months shall be the responsibility of the Contractor to fill and level. 6. Trench to accommodate grade changes. 7. Maintain trenches free of debris, material, or obstructions that may damage pipe. 8. Where rock or other undesirable materials are encountered trenches are to be over excavated by three (3")inches to allow for a three (3") inch layer of finely graded sand under all piping. After the piping is installed, finely graded sand shall be placed around the piping up to a point three (3") inches above the piping. 9. All trenches are to be inspected and approved by Owner before covering. 10. Trench digging machinery may be used to make trench excavation except in places where operation of same would cause damage to existing structures either above or below ground; in such instances, hand methods shall be employed. 11. The Contractor shall locate all existing underground lines, of which he has been advised whether or not they are shown on the drawings, sufficiently in advance of the trenching to make whatever provision necessary to prevent damage thereto. Extreme care shall be used to prevent such damage and the Contractor shall be fully responsible for damage to any such lines. 12. There will be no classification of, or extra payment for excavated materials and all materials encountered shall be excavated as required. Adjacent structures shall be protected from damage by construction equipment. All excavated material shall be piled in a manner that will not endanger the work or existing structures and which will cause the least obstruction to roadways. 13. The Contractor will be required to locate all known utility lines far enough in advance of the trenching to make proper provision for protecting the lines and to allow for any deviations that may be required from the establishment lines and grades. l Irrigation System — Clapp Park 12 14. Excess trench excavation, not used for backfill, shall be disposed of by the Contractor, and at the Contractor's expense as directed by the Owner. 15. All trench backfill shall be flooded to prevent settling to 95% Standard Proctor Maximum Density. Tamping is required, at road crossings and cross country trails. The material shall be placed in 8-inch layers, moistened if necessary, and thoroughly compacted with mechanical tampers from the bottom of the trench to the finish grade to a density of at least 95% of maximum density at optimum moisture as determined by ASTM D698. 16. It is understood that the piping layout is dynamic and piping shall be routed in such a manner to achieve the intent of the plan. C. Installation 1. Install pipe, valves, controls, and outlets in accordance with manufacturer's instructions. 2. Connect to utilities. 3. Set outlets and box covers at finish grade elevations. 4. Provide for thermal movement of components in system. 5. Swing Joints a. Swing joints shall be used on all rotary gear driven sprinklers and shall be of the same diameter as the inlet opening and shall have a twelve (12") lay length. b. Pre -manufactured swing joints shall be used as manufactured by Spears swing joint schedule 80t, Lasco G132-212, or KBI TSA-1000TT. 6. Use flexible risers on all fixed head pop-up sprinklers. 7. Wiring: a. All wiring shall be Type UF, copper direct bury type made for the irrigation industry. Wiring shall be color -keyed: 12 ga. white for ground, 14 ga. red for operation of equipment, and an eighteen inch (18") loop in each valve box of a 14 ga green and a 14 ga.yellow spare. b. Wire splices will only be allowed within an accessible control box. Inline direct burial splices will not be allowed. Wire splices shall be DBY model as manufactured by 3M Company or approved equal. c. Provide looped slack at valves and turns in trench to allow for contraction of wires. d. All wire passing under existing paving, sidewalk, etc., shall be encased in plastic conduit extending at least twelve (12") inches beyond edges of paving or construction. e. All electrical control wiring shall be wrapped together on 10-feet increments with plastic tape. An electrical wiring schematic shall be furnished with the equipment. f. Tracer wire and warning tape shall be installed with all fresh water piping. Tracer wire 16 Gauge CU. shall have the insulation removed for at least six (6") inches every thirty (30') feet of run. Potable Water Warning tape shall be run at half the depth of the top of the pipe. g. Extra yellow and green wires installed in mainline ditch. 8. After piping is installed, but before outlets are installed and backfill commences, open valves and flush system with full head of water. 9. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. 10. Concrete Thrust Blocks are required at all turns and dead -ends on pipe sizes three (3") inches and over. Pipe of smaller sizes may also require thrust blocks if so directed by the Owner. Concrete shall have a twenty-eight (28) day compressive strength of 3000 psi, minimum. (See Detail) 11. Dripline to be Techline CV, Pressure compensating with check valve. As manufactured by Netafim. Emmitter spaceing to be 12" with .9gph output. Irrigation System — Clapp Park 13 F� 12. Filters to be manufactured by Netafim and installed as shown on plan. D. Laying of PVC Pipe 1. The pipe is to be snaked from side to side of trench bottom to allow for expansion and contraction of the pipe. 2. All foreign matter is to be removed from inside of pipe before joining. Keep clean during laying operations by means of plugs or other approved methods. 3. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe shall have firm, uniform bearing for the entire length of each pipeline to prevent uneven settlement. 4. Do not lay pipe in water, or when trench or weather conditions are unsuitable for work. 5. When work is not in progress, securely close the open ends of pipe fittings so that no trench water, earth, or other substance will enter pipes or fittings. 6. Take up and relay any pipe that has the grade or joint disturbed after laying. 7. Fittings at bends in the pipeline and at ends of lines shall be firmly wedged against the vertical face of the trench, but not against rock. _ 8. Thrust blocks to be used. (See V. Products, B., 12.d., Thrust Blocks) 9. Make joints in all threaded fittings by applying Teflon tape on male threads. Use of Teflon dope is prohibited. 10. Where threaded PVC connections are required, use threaded PVC adapters. 11. There shall be no less than nine (9) inches of pipe between any two fittings, except for close nipples used in swing joints. 12. No cross tees or street ells are to be used at any time. 13. On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and primer and solvent applied as to standard application process. 14. After pipe has been solvent weld, do not apply water pressure for a time less than that of the manufacture's recommendation, considering current weather conditions. 15. All pipe shall be installed so that manufacture's markings are facing in the up position. 16. Excess PVC Solvent shall be removed from joints before drying to prevent pipe weakening. Pipe connections made with excess solvent will not be accepted. 17. Solvent welding will not be permitted if weather conditions prevent joints from remaining free of dirt or moisture, while the joint is being made. Also, if the temperature is below that specified by the pipe or solvent manufacturer's recommendations. 18. The Owner must be given twenty-four (24) hour notice before the pipe trenches are covered so that Owner's representative may be present for inspection. After the pipe system has been inspected and approved, trenches may be closed. 19. All pipe shall have a one (1') foot minimum vertical separation from all utility lines in close proximity. E. Installation of Valves (gate, double check, and section valves). 1. Install all new valves on a level grade with the mainline. Valve boxes shall extend a minimum of three (3") inches below bottom of valve. Valve box extensions shall be used as necessary and shall be compatible with the valve box. 2. RPZ check valves two (2) inches or smaller shall be installed with PVC unions on both sides of the valve assembly. RPZ check valves three (3) inches or larger shall be flange mounted. 3. After installing valves and valve boxes, backfill holes with a three (3") inch minimum washed gravel, three-quarters (3/4") inch size up to bottom of valve. 4. Quick -coupler valve to be installed on swing joint. Top to be flush with finish grade. Irrigation System — Clapp Park 14 F. Sprinkler Heads 1. All sprinkler heads to be installed at spacing indicated on plans. 2. Sprinkler heads installed on swing joint assemblies shall be installed so that the top of head is slightly above ground level to allow for settling. 3. All sprinkler heads to be set to property arc by the Contractor. 4. All sprinkler heads to be installed six (6) inches from existing and/or proposed fence line G. Flushing 1. The mainline and valves will be flushed after installation. Full working pressure must be used to flush all lines. On a loop system the two valves the greatest distance from the water source will be opened. On any other configuration of mainline, the last valve on each mainline will be opened for flushing. The Owner's representatives must be given twenty-four (24) hours notice before flushing begins so they may be present for inspections. After mainlines have been inspected and flushed, the lateral lines may be installed. 2. The lateral lines will be flushed just before head installation. The flushing procedure will consist of pointing all swing joints away from ditch line to prevent contamination. Next, open the valve with full working pressure and begin capping each swing joint with a threaded cap, beginning with the swing joint closest to the valve and ending with the swing joint the greatest distance from the valve. Twenty-four (24) hour notice must be given to Owner's representatives for inspection. 3. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris. H. Leakage Test 1. After pipe is laid, line to be pressurized and all air expelled from line at highest point of each section. 2. Each line to be inspected for leaks. Any joints showing leaks shall be repaired and any cracked or defective pipes or fittings shall be removed and replaced with good material. 1. Backfill 1. Trenches to be backfilled with the excavated earth from trench work. All rocks and debris to be removed and no item larger than one (1) inch diameter to be placed back in the trench. Backfill is to be compacted and flooded to settle trench. The Contractor shall add more backfill if needed to bring trenches to existing grade. J. Controller (if applicable) 1. Contractor to locate controller as indicated on plans. 2. Contractor shall install a concrete slab four (4) inches thick flush to ground. The Contractor shall provide and install a stainless steel rain -tight controller pedestal which is designed for use with the specified controller. Contractor shall install grounding rod through concrete slab inside of the stainless steel rain -tight box. 3. Contractor shall install rigid conduit from edge of slab, ell up through and attach to controller box. One conduit for power source; one conduit for common/section wires. 4. Power wire conduit to be'/" diameter rigid conduit to meet city code. 5. One duplex plug shall be installed in the controller box. K. Wiring 1. Control wires from controller to valves shall be laid in sprinkler line trenches (if applicable - wiring to be installed along wiring route on plan). 2. Control wires to be taped together every twenty (20) feet along trench. Irrigation System — Clapp Park 15 --g 3. Expansion loops shall be made at every tum in the trench and every 50 foot length of wire run by wrapping at least five (5) turns of wire around a one (1) inch rod or pipe. Next, withdraw the rod leaving turns in wire. 4. All wire connections or splicing work shall have moisture proof connectors, and their location - must be denoted on the as -built plan. Contractor shall minimize amount of splices. 5. Common valve wiring shall be white through entire system. 6. Section valve wiring shall be red through entire system. White wire may not be used as section wire. L. Lightning Arrestors and Rod 1. A lightning arrestor and rod shall be installed at each controller. The rod shall be installed by the contractor and placed within the concrete slab below the controller. 2. Rod shall be copper coated steel, minimum 8 feet long, and 5/8" diameter. 3. Rod shall have minimum resistance of twenty-five (25) OHMS or less. 4. Rod to be connected to controller by a copper coated or bronze one piece clamp. 5. Wire used to connect controller to lightning rod shall be 6 gauge solid copper wire or one gauge larger than power wires, whichever is largest. M. Testing and inspection 1. Do not allow any of the work in this section to be covered or enclosed until it has been inspected, tested and approved by the Owner or Owner's Representative. 2. Prior to backfill, the mainline and with control valves in place but before the lateral lines are connected, completely flush and test the main line. 3. Fill the main line with water for a twenty-four (24)-hour period prior to testing. 4. Pressure test main lines with 100 psi for a period of two (2) hours. Allowable leakage shall be as determined by the formula listed in A W WA C600. The Owner will witness and approve all tests. Notify the Owner at least twenty-four (24) hours in advance of all testing. 5. Provide all testing equipment and personnel required to complete the testing procedure. Repeat testing as required. 6. Flush, clean, adjust, and balance all systems. 7. Adjust heads for proper coverage. 8. Potable Water Lines: Hydrostatic test for six (6) hours at 150 psi. There shall be no leaks whatsoever. 9. Backflow preventor shall be tested and certified, and three (3) copies shall be provided; one to the owner, one to the water purveyor and one to remain with the tester as required by local, state, and federal codes and ordinances 10. to the owner as required by local, state, and federal codes and ordinances VII. Inspection/ Acceptance A. Preliminary Inspection 1. When all initial installation is done and all incidentals necessary to the proper function of the system is done, the Contractor shall request the Owner to walk through system and visually check the operation of the system. At this time the Owner and the Contractor will discuss repairs that may need to take place. B. Final Inspection 1. After preliminary inspection has taken place and all corrections and repairs have been ` completed by the Contractor, the Contractor and the Owner will again walk through system to check operation. This procedure will be repeated until system operates to the Owner Irrigation System — Clapp Park 16 satisfaction. At this time the Owner will accept system from the Contractor. An acceptance form will follow from the Owner to the Contractor. VIII. Clean up and Adjusting A. Removal of Site Debris. The Contractor shall: 1. Make final clean up of all parts of work. 2. Remove all construction material and equipment. 3. Prepare the site in an orderly and finished appearance. 4. Remove from site any rock or extra dirt that resulted from this and restore site to its original condition. 5. Flush dirt and debris from piping before installing sprinklers and other devices. 6. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. 7. Carefully adjust lawn sprinklers so they will be flush with, or not more than one-half (1/2") inch below finish grade after completion of landscape work. 8. Adjust settings of controllers and automatic control valves. 9. The Contractor will be required to remove all construction debris from the site. Final clean up by the Contractor must be acceptable to the Owner. IX. Commissioning A. Starting Procedures 1. Follow manufacturer's written procedures. If no specific procedures are prescribed by proceed as follows: a. Verify that specialty valves and their accessories have been installed correctly and operate - correctly. b. Verify that specified tests of piping are complete. c. Check that sprinklers and devices are correct type. d. Check that any damaged emitters, valves and devices have been replaced with new 1 materials. e. Check that potable water supplies have correct type backflow preventers. f. Energize circuits to electrical equipment and devices. g. Adjust operating controls. 2. Operational Testing: Perform operational testing after hydrostatic testing is completed, backfill is in place, and emitters are adjusted to final position. B. Demonstration 1. Demonstrate to the Owner that system meets coverage requirements and that automatic controls function properly. 2. Demonstrate to the Owner's maintenance personnel operation of equipment, sprinklers, specialties, and accessories. Review operating and maintenance information. 3. Provide a seven (7) day written notice in advance of demonstration. C. Guarantee The Contractor shall: 1. Make all needed repairs or replacements due to defective workmanship or materials for exactly one (1) year following date of final acceptance. Irrigation System — Clapp Park 17 E_ i 2. Be responsible for all expenses necessary for repairs and replacement. 3. Pay all expenses incurred if the Contractor fails to act upon a request from the Owner for repairs to system. If the Contractor fails to do work within ten (10) days after request has been made by the Owner, the Owner will proceed with repairs and charge all expenses to the Contractor. 4. Pay for expenses incurred to project due to vandalism prior to final acceptance. 5. Owner shall pay for all expenses incurred due to vandalism after final acceptance. End -of -Section Irrigation in Texas is regulated by the Texas Commission on Environmental Quality P.O. Box 13087, Austin, Texas 78711-3087 Irrigation System — Clapp Park 18 Page Intentionally Left Blank