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Home My WebLink AboutResolution - 2003-R0061 - Contract For Tech Terrace Park, Irrigation - 02_13_2003RESOLUTION Resolution No. 2003-R0061 February 13, 2003 Item No. 34 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for Tech Terrace Park irrigation, by and between the City of Lubbock and Diversified Sub-Surface Irrigation, Inc. of Lubbock, Texas 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 this 13th day of ___ F_eb_rua __ r_y __ , 2003. ATTEST: ~~bd~~-R(; ecca Garza, City Secretary ""'- APPROVED AS TO CONTENT: APPROVED AS TO FORM: gs/ccdocs/Contract-Diversified Sub-Surface Irrigation.res February 3, 2003 n 0 r i ~ I 1 fe > ('k, ~ t)().J -;f t) () 6 / J~I~ 0~6~u CITY OF LUBBOCK SPECIFICATIONS FOR TECH TERRACE PARK IRRIGATION SYSTEM ITB #272-02/RS "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas - - - - - - - - - - - - - - - - - - ITB #272-02/RS, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13 TH STREET ADDENDUM #1 · LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci. lubbock. tx. us MAILED TO VENDOR: CLOSE DATE: ITB #272-02/RS IRRIGATION SYSTEM -TECH TERRACE PARK January 10, 2003 January 21, 2003 @ 2:00 PM The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. ITEM NO. 1: CLARIFICATION OF SPECIFICATION SECTION 3: Part V Products #6 Delete Manual Control Valve (d). ITEM NO. 2: CLARIFICATION OF SPECIFICATION SECTION 3: Part V Products #9 Delete Line Flushing Valves (c), Air/Vacuum Relief Valves (d), and Reduced Pressure Backflow Prevention Units (g). ITEM NO. 3: CLARIFICATION Fourteen ( 14) quick coupler valves shall be installed during construction. The locations shall be determined in the field and verified by owner's representative during installation. ITEM NO. 4: CLARIFICATION The standard cover on a Buckner QB44RC10 1" quick coupler valve is a yellow Tuff Top spring loaded cover. ITEM NO. 5: Sheet L-1, Delete 2 Yz'' from zone tag on zones A1 and A8 and replace with 2". ITEM NO. 6: Sheet L-1, Delete pop-up heads indicated by "X". See attached drawing. ITEM NO. 7: CLARIFICATION OF SPECIFICATION SECTION 3: Part V Products #7 Replace with Valve Box (Ametek Jumbo size or 'approved equal') ITEM NO. 8: CLARIFICATION It is the City's intention to run two (2) zones simultaneously on each controller. This system shall have two (2) controllers, each operating two (2) zones. The design intent is to meet four hundred (400) gallons per minute. Locate controller locations in the field with Owner. - - - - - - - - - - - - - - - - - ( •I ITB #272-02/RS, Addendum #1 ITEM NO. 9: CLARIFICATION All pop-up heads shall be connected to lateral lines with Yi'' flexible PVC pipe. ITEM NO. 10: CLARIFICATION · All Dripline shall have pressure-compensating emitters. ITEM NO. 11: CLARIFICATION The static pressure, at the time the readings were taken, was measured between 57 and 62 psi. The actual pressure at.any time may be more or less. The contractor shall verify the static pressure prior to beginning any work and shall report to the Owner and Landscape lrrigator any variations that would negatively affect the operation and performance of the intended system. · ITEM NO. 12: CLARIFICATION . . -. Mainline shall have a minimum of eighteen (18) inches of cover. Lateral lines shall have a minimum of fourteen (14) inches of cover. ITEM NO. 13 Sheet L-2, CLARIFICATION DETAIL 6 Replace Rainbird ESP-MC with Hunter ICC or 'approved equal'. ITEM NO. 14 CLARIFICATION Contractor shall supply and install one hundred (100) feet of conduit for phone service to controller. Coordinate phone service source with Owner. ITEM NO. 12: CLARIFICATION Location of existing irrigation system determined from surface evidence and/or reported location "Construction As-Built" and may or may not correctly indicate the actual location or existence of those utilities. See attached drawing. All requests for additional information or clarification must be submifa~~ in:WHting ancl clir~ctedlb: Diana Caudillo, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to dcaudillo@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements. etc., or any combination·s thereof, inadvertently restricts or limits the requirements stated in this ITB 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 bid dose date. A review~of such notifications will be made. 272-02Addend1 .doc -~------:--·~-":"-·~·::.::-_·--,._,,,__.., ..... ""."I'.---- - ... -! - ·"""' """" - """' - 1·112" 2" ~ I ~ ~ 1" 2-1/2" 2" 2-112'' r E1 1" 10.B \ j 1-1/4" ..... 1" ):( 1-7/4'' 1" >< Delete Heads With "X" Draw;n For /tern No. 6 - 1 -'~ : iii - fl] - - - - - - -I -l - - - -· - - r:. <0' '-• ' -· ••~-A ,. ' . ~ .. .... ~; ,:::.,~-:; .... ~' " .. ....,_ n l =. . II . ~ I . ,l . . l 1.·n·· 1 I . . I . . . I lir-· .. ·. I n~~--~"~®r-O'iAl!'ilctr•riOO'l~~~~~rtrw~~etuit&tvttt~~t:fn~ .. ·· •!'II~ lie ~tt:t""' '>ctM$\!; My W.-O<'Hlt ~ W»fdlll! Clf>-idt1H11iltl<iiHJl:~•t'otd ~~ ~ ~~11\VM!it.ll'il<l. fl$ii,, ~ ltit.(lty'il. t.uril>od, l""""",.,,. .'l<W ~. ~. t!t~d !MCrtytlf lt.ti»dt, 1'~ ~tbiU«)~,~.OI ~efl<idl~ ._ "~-:,.,._;,,•.•-.~; • llx111~ <>!<¥?.t>rN~.,..tl<m~t~~f4"~ i<M,..:e«~11!""u~~~~~·n~u•1t11if1Cit:~*-ihii· ; . .lldti:aH<••""-""'M-tJtooe..u~. · · ·· · ·· · · ·. ·· · ' .. o.'.":c.;t.:' .. , ... ·· > ' - - - - !""" I - - - CITY OF LUBBOCK SPECIFICATIONS FOR TECH TERRACE PARK IRRIGATION SYSTEM ITB #272-02/RS "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas - -. - - -i - CITY OF LUBBOCK INVITATION TO BID FOR TITLE: TECH TERRACE PARK IRRIGATION SYSTEM ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 272-02/RS PROJECT NUMBER: 5223.8107 CONTRACT PREPARED BY: PURCHASING DEPARTMENT - - -j,\' INDEX - 1. NOTICE TO BIDDERS ~ 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL -BID FOR LUMP SUM CONTRACTS -4. PAYMENT BOND -5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE ,,.... 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT ,-. 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS ,..... - ..... - - ' " - NOTICE TO BIDDERS - NOTICE TO BIDDERS ITB #272-02/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 21st day of January, 2003, 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: "TECH TERRACE PARK IRRIGATION SYSTEM" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 21st day of January, 2003, and the City of Lubbock City Council will consider the bids on the 13th day of February, 2003, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder 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 bidder 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 $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of§ or superior. -Bidders 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 bid 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 bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after -notice of award of the contract to him. /. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been fl""' thoroughly investigated and considered in the preparation of the bid submitted. There will be a non-mandatory pre-bid conference on 8th day of January, 2003 at 9:00 o'clock a.m., in the Training Conference Room L01, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 131h Street, Lubbock, ~ Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from KOC Turner Partners, LLC, 602 Broadway, Ste. B, Lubbock, Texas 79401, Phone: (806) 687-4407. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur ,,,,... shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages 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 bidder's attention is further directed to provision of Article 5159a, t , Vernon's Ann. Civil St., 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. ,....., The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids 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-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at -least 48 hours in advance of the meeting. -CITY OF LUBBOCK v~~ VICTOR KILMAN PURCHASING MANAGER -GENERAL INSTRUCTIONS TO BIDDERS - - - - 1 - - - - 2 II""' 3 ·.-, " ~ """" - GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY. TIME & DA TE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish TECH TERRACE PARK IRRIGATION SYSTEM per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 21st day of January, 2003 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "ITB #272-02/RS, TECH TERRACE PARK IRRIGATION SYSTEM" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: 1.2 1.3 1.4 Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or deli\(ered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITS} documents, a non-mandatory pre-bid meeting will be held at 9:00 a.m .. January 8th. 2003 in Training Conference Room L01. Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. ADDENDA & MODIFICATIONS 3.1 3.2 3.3 3.4 Any changes, additions, or clarifications to the ITB are made by written bid addenda. Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITS) and will become part of the bid package having the same binding effect as provisions of the original bid. 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 Department no later than five (5) days before the bid closing date. All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITS should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITS 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 bid should be disregarded in preparing responses. The City does not assume responsibility for the receipt of any addendum sent to bidders. 1 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS -: 5 ,...._ i' •. - 6 ,... - 7 - 8 9 4.1 4.2 4.3 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 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 bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding 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 bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB 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 bid shall be paid by the bidder. TRADE SECRETS. CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 6.3 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES. PERMITS. TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of focal resources, and to outline in their bid submittal how they would .utilize focal resources. CONFLICT OF INTEREST 9.1 The bidder 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. 2 10 11 12 - . ' -13 - ~ ~ 14 ,.... 15 ,..., · 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder 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 bid. CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders 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. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder'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 ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIPDER.~H,6.LL RE(.}tJESTANYINf=ORMATIONVE:RBALLY. ALLR.E:QUESTS F<:)R ADDITIONAL INf=OR.1\1,6.TlQNPR.'C::L/,R.IFICAfIQN' C,Qf\JCEF{NJf-.J(; n-115 INVrrAtlC)N to ~1[) (lTB) MU$T' BE . . . SUBMITTED INWRltlN'G' Nb LATERTHAf·fFh/E (5) CAL END.AR DAYS PRIOR TO THE BID CLOSING DATE ANO ADDRESSED TO: .... · .. . . . . RON SHUFFIELD, SENIOR BUYER. City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: RShuffield@mail.ci.lubbock.tx.us TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be fully completed within NINETY (90) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 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. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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 3 -• - - ,... • " -r ,..., ,..., - 16 17 18 19 contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 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. 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 ONE year from date of final acceptance 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. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 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 bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder 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 bidder. (c) Equipment schedule. 4 -• - -,. ' - ~ - ~ !"""" -~ 20 21 22 23 ,...., 24 25 - - 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. 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 cut or damaged by Contractor during the pros.ecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 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. · EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of 23.2 23.3 the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder 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. 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 c;:ancelfation or any material change will be provided ten (10) days in advance of cancellation or change. Alf 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 5 - - - -26 - - - 27 - - 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 before contract execution. 25.2 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 AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. 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. LABOR AND WORKING HOURS 26.1 Attention of each bidder 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 bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these 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 weekends 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 weekends or holidays, the Contractor must notify the .Owner's Repr(;lsentative not less than three full working days prior to the weekend 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 weekends 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 day, to correct or alleviate such condition so that it is no longer dangerous to property or life. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his 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, ten 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. 6 -28 29 - - - - 30 31 - PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid 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 bidder without being considered. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and 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 price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for {description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) (b) (c) (d) (e) (f) (g) (h) ~ (i) G) Notice to Bidders. General Instructions to Bidders. Bidder's Submittal. Statutory Bond (if required). Contract Agreement. General Conditions. Special Conditions (if any). Specifications. Insurance Certificates. All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 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 BIDDERS The bidder 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 bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be 7 -32 - - - - deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder 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 bidder. (d) The quality of performance of previous contracts or services. BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Bid Amount. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti-Trust viol~tions. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bi9der's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT 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 INVITATION TO BID. 8 - - BID SUBMITTAL - - - - , -' - -- -- -."" -- -·----i -""I r"I - -BID SUBMITTAL ""'"\ -- -7/ ---- -·- -- -- -- -..., - - - ---DATE: JPt\\l.UAif fl 1 Z.00~ BID SUBMITTAL LUMP SUM BID CONTRACT -PROJECT NUMBER: #272-02/RS -TECH TERRACE PARK IRRIGATION SYSTEM -- -' - -- -- Bid of']), VEL,1 t Fcli.4 (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a TECH TERRACE PARK IRRIGATION SYSTEM having carefully examined the plans, specifications, instructions to bidders, notice to bidders 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. I/.../~ MATERIALS: Mu£7 TH!lu ?Hrua/flt/L1 .~,r llJ1NAAu iJ"u,,.u ? zco ($ __ ~f_5'-7,,~&.-"-"~· _o_c __ _ ~ ,~ SERVICES: /#1~pr Utl!H/U#I M&M ~A Ej!d?j'IJ,,,,.,,.11s 1 ;~$ 341"!80. et:' ) - _ TOTAL BID: av.e K4/AOM 7AJ&ult/4'/NL 7H1H1uv.1 ~,+r,v*""£rrr ($ 1t.9, '/8D.oo / Dlt.c.Adf Al%ou ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) -""'I Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner - _ as liquidated damages the sum of $250 (TWO HUNDRED FIFTY) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. -- -- Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. -The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days -after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the - _ plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. -- -- -1 j . . ! - - - - - - - .- - - -· - Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute. all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him . Enclosed with this bid is a Cashier'.s Check or Certified Check for _____________ _ Dollars ($ or a Bid Bond in the sum of <N£ ""wt>tuu ~ 7.Mw•.1WP Dollars ($ l'(o,00o.oo ), which it is agreed shall be collected and retained bYtMOwner as liquidated damages in the event the bid 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 fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidd~r .; a Corrso~~tion) TIES'r: ·t-t-~- Bidder acknowledges receipt of the following addenda: Addenda No. Date /Uofb3 Addenda No. Date 1 ' Addenda No. Date ___ _ Addenda No. Date ___ _ M/WBE Firm: Woman Black American Date: J.ANuJ(y ZI I 2oa :I Authoriz~nature J)u."'te/C.. Auttu.. (Printed or Typed Name) J)111u,1Ft&I SM· .SkLF6e4 LtctfAl"t-.J Zive:. Company 3'Z ·u. ~w+ nw #AJ I/ Address I L l/44flt!I<- City, T-€K"Al State Telephone: 80• Fax: Bo' County 71«/D.f Zip Code -11/8 $'818 7'1& Slt'l His anic American Asian Pacific American 2 -~ "' ~ ""8i ---LIST OF SUBCONTRACTORS ---. -Minority Owned -Yes No -1. NM , 0 0 -2. 0 0 -3. 0 0 4. 0 0 --5. 0 0 -6. 0 0 -7. 0 0 -8. 0 0 - 9. 0 0 --10. 0 0 -- ---- ------ -..... -3 - -- CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal - - I, the undersigned Bidder, certify that the insurance requirements contained in this bid 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 fifteen (15) 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 bid/proposal. - --Co~ Contractor (Print) -- -- -- -- CONTRACTOR'S FIRM NAME: :J2ivu.'1Fi&D 5JA8-Su1v·11a. :ZICN•H/w Z'u~. (Print or Type ) CONTRACTOR'S FIRM ADDRESS:_3_'1...'-"''l_t,__,~,..c.=A.......,Tb"""1J,.__,_~ ..... w ...... yr----------- W4~~e"-7X 711/o I{ """"' Name of Agent/Broker: -~S""*~'"""t./.....,€ ..... o ...... & .... o,___Z_d_.,~~tt.=14...._'Nt!_e.__..lt~f6M_,,,c..~·--------- ;-Address of Agent/Broker: ---'t..-~=o"-'3=-· __..T=M._..__tJt"-""A.=w"""li.L--__ -c(,....P.~o_._. ----'B-..:.C12e..___.,~l/ ..... 7....,10--+-) __ _ J -City/State/Zip:__._lE.011"'-".6 ..... &LO&..=~'-t<._TX..__._.._,1'--_7.&-1._i.._.t,"'--I{.__ ___________ _ - Agent/Broker Telephone Number: ( 80, )_1~'l~t."'-"'-S'~1'.=-W_.__ _______ _ --Date: / /z/ luo ! ~I -- -; - -- -...., - NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/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) 775-2165. BID #272-02/RS -TECH TERRACE PARK IRRIGATION SYSTEM 4 - - - - - - - - - - - - - - - - - ~ ~ f'Jational American Insurance Company Bond No. CB53436 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.IA DOCUMENT NO. f.-310 (FEB. 1970 ED.} KNOW ALL MEN BY THESE PRESENTS, that we Diversified Sub-Surface Irrigation, Inc. as Principal, hereinafter called the Principal, and the National American Insurance Company Nebraska corporation, as Surety, hereinafter called the Surety, are held and firmly bound unto City Of Lubbock, Lubbock, Texas as Obligee, hereinafter called the Obligee, in the sum of 5% of amount Bid Dollars ($5% of amount bid ,a for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointl'Y' and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Tech Terrace Park Irrigation System NOW THEREFORE, if the Obligee shall accept the bi".l of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in ttie prosecution thereof, or in the event of the failure ofthe Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work CO:-Jered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. ;. Signed and sealed this 21st day of January A.O. 2003 • ·~ jrincipal) ~1versif1\_µ Sub-S (Seal) ation, Inc. (Witness) National American Insurance Company '~ -_· r I r r t - ~ ' . r ' I""' f - - NATIONAL AMERICAN ~URANCE COMF>At.JY CHANDLER, OKLAHOMA ,.-YOWER OF ATTORNEY I 1-21-2003 Diversified Sub-Surface Irrigation, Inc. PRINCIPAL ---------------------,.,.-.,.,.--~ 3232 E. Slaton, Lubbock (STREET ADDRESS) CONTRACT AMOUNT One Hundred forty& 00/100------- 1\ ·~ Tx 79404 (CITY) . . (StATE) . (ZIP CODE) AMOUNT OF BOND$ 140.000 60 POWER NO. CB 53436 KNOW ALL MEN BY THESE PRESENTS: That the National American InsuraJ1Ce Company, a corporation duly organized under the laws of the state of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in- Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with r!(~];!ect to any bond or undertaltj!].g!o which it is attached." National American Insurance Company does hereby make constitute...aIJ.d apn..oint DuoGLAS ::>ANFORD, DIANNAH TATUM, KAREN DEERING, DEE BARTLETT, ' 1't;t:;GY 1:>TICE, LEE MADDOX, SUSAN HANKS Stateof TEXAS ------------its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead to sigri; execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attorney-in-fact to bind the company shall not exceed $1,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Co!Ilpany, and all the acts of said Attorney( s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: NATIONAL AMERICAN INSURANCE COMPANY }Y. 7£J~ W. Brent LaGere, Chairman & Chief Executive Officer On this 8th day of July, A.D. 1987, before me personally came W. Brent La Gere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that:the seal aflhed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: Notary Public My Commission Expires August 31, 2003 I, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.21st January 2003 Signed and Sealed at the City of Chandler. Dated the day of _____ ~----_____ _ (Month) (Year) Winifred E. Mendenhall, Assistant Secretary - - PAYMENT BOND - -· .. -THE AMERICAN INSTITUTE OF ARCHITECTS - - - AJA Document A312 Bond No.: CB53440 -Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. -CONTRACTOR (Name and Address): DIVERSIFIED SUB-SURFACE IRRIGATION, INC 3232 SLATON ROAD SURETY (Name and Principal Place of Business): National American Insurance Company -LUBBOCK, TEXAS 79404 1008 Manvel Avenue Chandler, OK 74834 OWNER (Name and Address): CITY OF LUBBOCK !""" LUBBOCK, TEXAS - - - - - - - CONSTRUCTION CONTRACT Date: FEBRUARY 13, 2003 Amount: $129 980. 00 Description {NJme and Location) TECH TERRACE PARK IRRIGATION BOND Date (Not earlier than Construction Contract Date): Amount: $129,980.00 Modifications to this Bond: D None AIA OOCUMENT A312 PERFORMANCE BOND AND PAYMENT BONO • DECEMBER 1984 ED. • AIA ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 D See Page 6 A3 12-1984 1.,,. - - - - - ""'I - - - - - - 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligtion shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and . 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and . 3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date ( 1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable . 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the adress shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page . 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 5 - - - -~' 1 ! - - - - - - - - - Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for addtional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature:-=""'--------------- Name and Title: Address: SURETY Company: (Corporate Seal) National American Insurance Company Signature:...,...,,,,,.,.,..-----------------Name and Title: Address: AIA OOCUMeNT A312 PERFORMANCE BOND ANO PAYMENT BOND· • DECEMBER 1984 ED. •AIA ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 6 -, .. ~ . ' - - - - CHECK BEST RATING _ _J3 __ +__,_+ __ UCHv~·srn IN TfXA:;)_S () !JPTE , BY ;;)_; .......... __ . PERFORMANCE BOND .. - - - - - - ' ' THE AMERICAN INSTITUTE OF ARCHITECTS • AJA Document A312 Bond No.: CB53440 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): DIVERSIFIED SUB-SURFACE IRRIGATION, INC. 3232 E. SLATON ROAD LUBBOCK,TX 79404 OWNER (Name and Address): CITY OF LUBBOCK LUBBOCK, TEXAS SURETY (Name and Principal Place of Business): National American Insurance Company 1008 Manvel Avenue Chandler, OK 74834 ~ 1· ' CONSTRUCTION CONTRACT - - - Date: F-~l3REJARY 13, 2003 Amount: 129, 980. 00 Description (Name and Location): TECH TERRACE PARK-lRRJGATION BOND Date (Not earlier than Construction Contract Date): 2-21-03 Amount: :.129, 980. 00 Modifications to this Bond: 0 None CONTRACTOR AS PRINCIPAL Cpmpany: -.··:~-<:-~ oi vtRS1lJE5<surr-s u ---,(-\ S!g tiat11re:_~'(J~~~~..l::~~~~::::::::;s:::::::::...L;~'-- . --"' '\. .........__ .... ·/" Name andTitie: ~;\ /~ SURETY Company: National Americat D See Page 3 (A~~-~ddftihn~l·s~hit~res appear on page 3) -... ,.,.·:..,/... ,,.~~~~ ... ~· :::-..-:; ",,,,_; . ' ___ _;___~,;.._ ________________________ -'='-..,,--:-: ~ -, " (FOR INFORf:AA TION ONLY --Name, Address and Telephone) ::. . __ AGENT or BROKER: OWNER'S REPRESENTATIVE (Ar~hitect, ;;ngineer or. SANFORD INSURANCE AGENCY other party): ~;--'_,,...·--._, ___ ,. - ~· .. p. 0. BOX 64 790 -..,~:. / ./ LUBBOCK, TX 79464 AIA DOCUMENT A312 PERFORMANCE BONO ANO PAYMENT BONO·• DECEMBER 1984 ED. •AIA ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, O.C. 20006 THIRD PRINTING •MARCH 1987 A312-1984 1 - - - - - - - - - - - ' ' 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3 .1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Cci!ltract In accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall pro'!lptly a~d at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arran~e for completion, or obtain a new co.ntractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter~ mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty Is obligated without duplication for: 6 .1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. s The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND·• DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 2 - - -' - -'" - - - •, < I I able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for addtional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Namean~d~T=it~le_: ______________ _ Address: SURETY Company: (Corporate Seal) National American Insurance Company Signature:-------------------Name and Title: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND·• DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 r - - - - - - - - - NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY ' . CHANDLER, OKLAHOMA PRINCIPAL DIVERSIFIED SUB-SURFACE IRRIGATION, INC. EFFECTIVE DATE __ .._2=-2 ..... J.i..::-~2 ..... 0...,.0..>-3--- 3232 E. SLATON RD LUBBOCK, TX 79404 (CITY) (STATE) (ZIP CODE) (STREET ADDRESS) CONTRACTAMOUNT $129,980.00 ~~~~~~~~~~~~~~~~~~~~~ AMOUNT OF BOND$ 129, 980. 00 POWERNO. CB 53440 KNOW ALL MEN BY THESE PRESEI\.'TS: That the National American Insurance Company, a corporation duly organized under the laws of the state of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in- Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Con:pany in the futu~e wi1tt500fl%ang~~~d~RH"hfRW~a~Ma~~;a1blf~riffi~£.1ffl~ does hereby make, constitutptOOf P§~fCE LEE MADDOX susim ~s TEVK ' ' .a.tU State of AA::i ~~~~~~~~~~~ its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attorney-in-fact to bind the company shall not exceed $ J ,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: NATIONAL AMERICAN INSURANCE COMPANY }/( &7J~ W. Brent LaGere, Chairman & Chief Executive Officer On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: Notary Public My Commission Expires August 31, 2003 I, the undersigned, Assistant Secr8tary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the __ 2~1~--day of FF B RI IA RV (Month) 2003 (Year) __JI#//.~~ Winifred E. Mendenhall, Assistant Secretary - ,.... t;·' - - -. ' - - CERTIFICATE OF INSURANCE B:l1d.!D~ vcn 111 ,....,,... . -..... -- -PftODUGllll (806)79:£-5564 FAX (806.)792~9344 THIS <."&RTIFICATE I Sanford Tn~ura~ce Agency ONL V AND CONFE MOLD!!!!\. nilS CER 6~01 lndiona ALTER THE COV p.o. aox 64790 LUbbu~k, TX 79%4 INSURERS Af'FORDl · "iiiau11m bwersified SUbsul"face fl'r1gat:1on l~llllKlcl<A: N11tio11a1 !113Z Sl a'ton ~. ~U'RCllB: Lubbock, TX TS 04 INSIJRFRt;: NAIC# HG COVERAGE American _l_n_,._._Co,;;..;;.-.' ---+-- -· IN$Ufl.ERD: IMSUP.Ellf' -cnvi=R!.6.Gl!'S 1111" POUCIE3 or lf.ISUAANCE I l~l:U 86.0W tfAVC: DEEN ISSUED I (I THE INSURED NAMEDABOVI: FO'R Ttli POI.ICY rERIOD INOICATldJ, wcriwrrn~TNIOIN ANY nE!QUIRi;IASNT, Tf:Hl/I Oft CONDITION OF fll.fV CON I HACT 01'\ OTHtn OOCUMEN1' WITH 1-!CSPeC;TTO wtncli THIS CERTll-11".ATE l'MY ae UlCUl!D OR MAY PERTAIN. THe llllSU~CE AFf'OR.OEn HY THE POUCIC:S DESCR!BEC MFRl"JN IS S\JriJl:C1' TO ALL THli TERMS. ,. JCc.w310N3 ANO CONOITIONS OF l.\UCH f'OLIGI!~. AGGRECl\TE LIMITS .!IHOWN MAY HAVC DEEN RiC>UCEU K'f PAID CLAIMO. -· - , .... ...... , TYPE'S INSUICANCie 1'(11 Jr.v NUMBl;I{ ~~. l:l't'Eln1l!E J12!:!5T ~~·IRA • '"~ Lllllmi MP%,4HZ1 12/09/2002 U/09ZOO'l 1:1\GtlO~Cli ·-\i;Elll!ML LIAOIUlY s 1,000,00CI "X COMUFRr.W. (!(;NtNA IJAISILITY JILTI?.Rt.fftCO s 100,00.~ :: 0 cc.AIMG MMC I!] nr.t.UR Mel)t:llt'~vt,.pero;n) • 5.00tl A l'&MONAI. A Al'lll INJURT 11 1.000.000 --GENefW.MGReGA'rE c 2,00U,OCKJ -OQl'L~TP I IM(T APPl.l~:O l'eR: rriooucn: . ceMPn> AGG t 2.000.00~ 11 POI.ICY n rm n i.oc Alll'OMOtll~l:i.~ MJ4l353042.L 12/09/2002 lZ/097.003 COUilNEO SINr..11! LUI I ' -X ANY Al ITO (i:. -"lenl) l 000,,0C! -- - HJ. ovmi:c .wroc DOCllLY INJURY -SC:HEDIJI Fn AllTOi; lf'91'jlGISIU) $ A -HllU:U AUTO:! IJOCll. Y INJURY -s HOii CWNGn Al 110S (P#or aaa:ieric ---PROl'l!lm' DMV\Cl 1P.,.""""'11nl.• a - - GAlllt;E llAlllJ ll AUTO t.N V •EA l\Cl,;1llc=lf1' s R N'('i Ill/TO I--O'lllER.mAN Ill.MC s AllTOONLY: AGIO $ i----M1:1.Ul3442.L l.2/09/200l 12/0!f/1.003 EJCt~WMllMU.ll UUll.m' Elll?I UOVUMeNCC s .L.,000,0llf t!Joccu11 0 tl.A,.,li IMl)E AGGRl»\'lll ' 1.000 00~ /1 ~ ( ~DCDl.ICTllLE $ RETc:!lllill~ • 10,0Dll s ---M11«iM COlllPCHCA110~ AND 1.~.:.51!\!!/.::. I l"i!ir Elll'l.OYEAS' I IABW r( W'/PR~l'Ul"AR'INCl'llCXECUTIVE l:.L El\CHM:CICM • -orncs FXr.1.uuto1 EL l;J'ASt:l\SE •!II eMPLOVtli C ~C:.'AA"~!ll>'>'-~~D~ PCL~YL~rr s cm1c:a - D&&~N OF w;t1Vl'TION5'LOOA'Tll»IG I ll&HICIJ;~ I EJQJJSfiADDED DY 9111.0ltSEUl!tlf 15PEQA~P11Ullllilcm5 ---:- ;:ity o l.D ock is .shnwn a::ri AdClitiollQ Insured wiT.h Waiver o Subrogat1on on <;enel"al liab;lity and -Jusiness Au1:0 11U11cies --e~FIC.b..TF-u,.., ,...,,.. e" "'CF-• • 11. T1n111 . ' ~I IOU\.D /.llY 0# TllF A'llUVt: '1~111eD POCJCIEe a; CANCF.I ' FD ai-ulQl lh~ City of Lubbot.k EXPIAAllON DA'l'I THCU:OF, l'HSO ISSUING INSllKtK WILLtltDUWR TO MlllL Attn: Building In~pection ..JJl_ MVUllijTTllN NDm:t: TO TllC: CERTinCATeHOLllClt il&'llF.D ru tnli Lei'!', - Trina 9UT FNLU!Qi ro Kiili. auon NOTICll.SllALL llllJm;I! "" OIUllATIOM OR LIAllll.lft lG25 13th S't SU1tP. L04 r--. OF AHf IOND UPON TII-' lllL'Wflelf:111 -Ya OR AC:l'~'ftl/f'llil-_ Lubbock, , TX 7940 l AllTHOAl:CDRSPPUENTA~~ A. -~et) .. Doua I as Sa.nfl)rd · Z: ~ ~ • I, c D26 :ZOU'I v I08) IO.IU'.ORD CORPORATION 1988 - ~--.-~- ACORD... CERTIFICATE OF-LIABILITY INSURANCE .. ,..lllWllllm'IYI 03/04/?.003 PAOGUCml -.Tames Little lnsur;ince Jli.qenc:y lll s s~o~y ao~d ·il· !~lnq, Texa$ 75060 · 9·12-s14-0722. • .... -m vu.sir j ttt.r-Ttib~u.t .C;me-Jri:-iq.s t.J nil,'" r.w ] - - - 3132 B Slaton Ro~d I.ubboc:lc::, '?X 79404 806-748_:5818 City o'f" Lul:>bock 1625 l3TH S~&eet, Ste LOl Lubbock., Texas 7"9'101 cefmFlCA IAUl!D A MATI'lfl OI' INrGRIU ONLY ANO CDHFERa NO RJGHTB UPON 1H£ c:EC'l'll'ICATE · ltOLDD. THI& cmntlllCATE DClll!S HOT AMalD, DftMD OR ALTER 111E COtllRAGI! AFW BY 7HE f'OC.ICll!S -.ow. INIU~ AFFORDING COVl!llAG£ _ _,_ . . . ~!,_ ·, .. UAFu '&Comp Xasui:ance . ·.i--· INClmCR-;;-- . -·-- -------·---. IM3tl!U!lt I! ' . -··--·---·-ll'OURER~----- -. $11QUW _,,_ 'l"MI liBOYE ~ l"C'ILicea R CMICIUJ!D 99MI" T1tl! l!XPIMA"OON IMTJS 'lllllU:l:ll', Tiil __-mmlNR VILL mal!AVlll 'ID .._ ~ DllVll Wllll"'ID ~TO,,. ~Ttrl(;AIJll. ttl:lloDl!R liAllM TO 1'C 1.»T, 1NTAIUIRF TO 00 SU lllC&L lll'c:iao NO Oll&JHATlml. N, ~ 'Cll M'F -Ut'W 'ftll:. llllUMlll. US_,,,. OR . ' - - - ,...., CONTRACTOR CHECKLIST A CONTRACTOR SHALL: 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; provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; 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; obtain from each person providing services on a project, and provide to the governmental entity: {A) (B) 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 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) --(7) 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; 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 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 AS AN ~ ) ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATlqN IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT -THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. 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. - r 2 - - - - - - - - - - REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) 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." --(8) "Call the Texas Workers' Compensation Commission at (512)440-3789 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) (B) (C) (D) 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; provide a certificate of coverage to the contractor prior to that person beginning work on the project; include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; 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; (E) obtain from each other person with whom it contracts, and provide to the contractor: (F) (G) (H) (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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 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 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. D 3 - - - - - - -' r I ' CONTRACT - - - - - - - - - - - - ST ATE OF TEXAS COUNTY OF LUBBOCK CONTRACT THIS AGREEMENT, made and entered into this 13TH day of FEBRUARY, 2003 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 DIVERSIFIED SUB-SURFACE IRRIGATION, INC. of the City of LUBBOCK, 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: ITB #272-02/RS -TECH TERRACE PARK IRRIGATION SYSTEM -$129,980.00 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. 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 bid 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 Lub ck, bock County, Texas in the year and day first above written. ATTEST: ~..l.U'-<A ~ CJtYecretari ~ ?VEDAS TO FORM: . tr_~~ //1· > City Attorney CONTRACTOR: V\V~/i.i>IF-,£0 Su.t-'3llltPA~ "L.-Mo,1tn4'J(f Tue. By: ~,eJ.~ PRINTED NAME: ~IC.K.. A-M:r1t~ TITLE: LAtJ{)'5C.AP£ -Z:,,,,.,1t:,M1~ tlfAN.l((f,~ COMPLETE ADDRESS: Diversified Sub-Surface Irrigation, Inc. 3232 Slaton Highway Lubbock, Texas 79404 - - :: .. GENERAL CONDITIONS OF THE AGREEMENT - - - - - ' ' - otherwise specified, all materials shall be new and both work111anship 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. 9. 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 miscellaneous work and adjustment. 10. 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. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY 13. 14. 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. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative 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. · 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 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 contr~ct 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}. 2 -9. ,.., 10. -11. '""',., - 12. - - 13. - ~ 14. - - 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. 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 miscellaneous 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 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. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative 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. 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 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) 2 ,,,.,,. 15. - 16. - - 17. - - 18. - - 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. 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 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. 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 .. 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 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. 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. 3 19. 20. -21. - - - 22. - ( , - 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. 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. 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 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. 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. 4 23. - 24. - - - - - 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. 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 bid, 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) Method (B) Method (C) By agreed unit prices; or By agreed lump sum; or 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; 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. 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." 5 - -25. - 26. 27. - - - - - / 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. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, 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 bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding 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 bids. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 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 officers, 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, 6 -28. - li!lo.•.;.Y - - - 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. 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 carry 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. 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 AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE / CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. 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. A. B. c. General Liability Insurance (Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1 ,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, !Q Combined Single Limit. This · policy shall be submitted prior to contract execution. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, 7 - D. E. F. - - - - - to include all owned and non-owned cars including: Employers Non-ownership Liability Hired and Non-owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of !Q_on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. 2. 3. 4. 5. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0406.096, Texas Labor Code) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: 8 - - """' 6 -· 7. r ' ,_ 8. - P""' 9. - P""' ~ ' - - - - - - -10. !""" (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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate .. of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of 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: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) 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; (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 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 person with whom it contracts to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will 9 -t G. - - - - - 11. provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance p_Qlicy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) (2) The name and address of the insured. 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) (6) (7) (8) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. 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. 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. 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; 10 - -~, ., - - ' , • - (e) (f) (g) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 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; 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 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: REQUIRED WORKERS' COMPENSATION COVERAGE (h) "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 5121440-3789 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 contractually require each person with whom it contracts to provide services on a project, to: (i) (ii) 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; 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: (iv) "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."; 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; 11 - - - -; - - - -< 4 29. 30. 31. (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) (2) a certificate of coverage, prior to the other person beginning work on the project; and 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 1 O 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 (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. 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. 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 all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen 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. 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 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 bidding. 12 32. - 33. 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 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 bidding 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 therefrom. 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. 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. - ,,... 35. 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 contract documents, 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. 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 of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $250 (TWO HUNDRED FIFTY) PER DAY, 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 be in default after the time 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 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. 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 conductive 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 13 ' ' 36. ,... 37. " ' - - ' , -38. 39. - contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's 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. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid 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 twenty (20) 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. 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 stoppage shall be paid by Owner to Contractor. 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 bids 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. 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 Qf 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 any of its officers, agents and employees, 14 - ,,..., 40. 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. 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 bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to ,,,.. ~ I ,,..,, ~ 41. 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. 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 Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. - - - -43. - PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. 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. 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. 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. 15 ~ f'' 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final Ill""! 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, .,.. I' ' - - - - - - - - - -i 45. 46. 47. Owner shall pay to the Contractor on or before the 31st 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. 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 after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion o.r 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 one (1) year from the date of certification of final completion by Owner's Representative. 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) {b) (c) Defective work not remedied and/or work not performed. Claims filed or reasonable evidence indicating possible filing of claims. Damage to another contractor. 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. 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. 16 -~ . ' - - - - - 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; 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); 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) (b) 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 The Owner, under sealed bids, 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 17 -.. - ,,. - - 50. -51. 52. - - 53. - ·- 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. 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. 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. 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 $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company 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. 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. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 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. 18 - - - - - -. ' - - - - - - 54. 55. 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, 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. 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. 19 - - CURRENT WAGE DETERMINATIONS - - - - ' ' - - - - - - -t - RE: RESOLUTION NO. 2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer-Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer-Helper Carpenter Carpenter-Helper Cement Finisher Drywall Hanger Electrician Electrician-Helper Equipment Operator-Heavy Equipment Operator-Light Fire Sprinkler Fitter-Journey Fire Sprinkler Fitter-Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator-Helper Iron Worker Laborer-General Mortar Mixer Painter Plumber Plumber-Helper Roofer Roofer-Helper Sheet Metal Worker Sheet Metal Worker-Helper Welder-Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 - ~· ' - - -. ' . Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher-Helper Electrical Repairer-Equipment """" Flagger Form Setter Form Setter-Helper I""" Laborer-General Laborer-Utility Mechanic -Mechanic-Helper _ Power Equipment Operators Asphalt Paving Machine Bulldozer -Concrete Paving Machine Front End Loader Heavy Equipment Operator -Light Equipment Operator Motor Grader Operator Roller -Scraper L Tractor-Trailer _ Truck Driver-Heavy Truck Driver-Light - - - -• ,,.... ' EXHIBITB Paving and Highway Construction Prevailing Wage Rates Hourly Rate 2 9.00 7.50 9.00 7.50 12.50 6.50 8.00 6.50 6.00 6.75 9.00 7.00 9.00 9.00 9.00 9.00 9.00 8.00 10.25 7.00 7.50 8.50 8.00 7.00 - - - - EXHIBITC Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBITD Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 ; ) - - - SPECIFICATIONS - - - - - - - " ' ' r 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, transported to an authorized landfill). - - - - - - - ~ .. ; - - Tech Terrace Park Irrigation City Of Lubbock KDC Turner Partners LLC Landscape Architecture I Planning I Site Design Lubbock Amarillo Midland Irrigation in Texas is regulated by the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, TX 78711-3087. • - !: ' - - - - -'" -"', .... Irrigation System-Tech Terrace Park 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. B. Work Included: Section 02 -Product Substitution Section 03 -Irrigation Section 04 -Special Conditions 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 the Parks Department (which shall be called Owner). The Owner shall verify all construction stakes for locations of elements at project sites, and give the owner 48 hours to approve the staking before construction can begin. D. Quality Assurance I. Contractor's on Site Responsibilities a. The Contractor shall take all precautions necessary to protect all existing landscaping, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done or that may be located adjacent to or in-route across Cify 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. d. The Contractor shall take all necessary precautions to ensure the safety of any pedestrians 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. 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 -. ' -i - - !lllOll - i ,... ' - -' - - .- - 2. 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 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. g. 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. 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 stoek piling of material as specified herein and on the plans. 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 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. 2 ,,,.,. f - . . . """ ~, -~ """' ,io f r"" 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. End-of-Section 3 - - - - - -' ~ SECTION02 PRODUCT SUBSTITUTION I. General A. Work Included: Section 01 -Summary of Work Section 03 -Irrigation Section 04 -Special Conditions II. Substitutions A. Conditions for substitutions ('or approved equal') 1. 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 descnbed 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 4 - - ..... ~ """"" "'"" - SECTION03 IRRIGATION I. General A. 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 irrigation installer shall be licensed in the state of Texas or from where the Contractor is based. Out of state licensing, shall only be acceptable ifthe licensing state shares reciprocity with Texas. 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. B. Codes and Standards The Bidder is to conform to all local, state, and federal codes and ordinances. C. 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 oneself with all utilities and to provide for their safety. Damage to utilities will be repaired at 2. 3. 4. the Contractor's expense. Water Supply (if applicable) -Meter or other water source already installed. The Contractor is responsible for hook-up to system from the existing water meter. The connection and DCV shall be size as specified. · Electrical Power Supply (if applicable) -The Contractor shall coordinate with the Owner the connection of power to the controller. The Contractor shall provide a plug out of the controller. The Contractor shall run irrigation control wires to the controller as located by the owner. Bores I Road crossings (if applicable) -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 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. 5 ' ' ' - - - - ' ;, - 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 on vellum paper with legend describing symbols for equipment (check with Owner for 3.5" diskette option). "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. 6 ·- - - - - 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 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) 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. 7 "'"'I ,,... l"' : $ ·Ji!IOI - - - - - 5. Flow Meter a. Bermad 91 OWM-P shall be installed at each water source as specified on the irrigation plans. b. Wire not in this Contract c. Valve boxes to be used. (See V. Products, B., 7., Valve boxes, 3.) 6. Valves d. Manual Control Gate Valve All gate valves shall have resilient seats, iron body, bronze mounted throughout, threaded %",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 0-ring stem packing. e. Quick-coupler Valves (1) Buckner by Storm# QB44RCIO, 1 ", Single lug, 2-piece body, heavy cast bronze '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 I" valves). Donuts shall be installed flush with finished ground level and shall not shift when walked upon. f. Section Valve (Rianbird PESB Series or 'approved equal') (1) Pressure Regulating Module PRS-B (required on spray and drip zones). (2) Sized according to plan. (3) Direct burial, remote control electric valve normally closed. ( 4) Solenoid -Waterproof molded epoxy resin construction having no carbon steel components exposed. (5) Actuator -Stainless steel enclosed in a watertight protection capsule with a molded in place rubber exhaust port seal. Spring shall be stainless steel. ( 6) Diaphragm -Dual ported, made of nylon reinforced nitril rubber (7) Flow adjustment system. (8) Cold water working pressure -200 psi (9) Heavy-duty glass-filled UV resistant nylon with stainless steel studs and flange nuts. g. Double Check Valve (1) Verify location of existing backflow preventers. 7. Valve Boxes a. Valve Box (Ametek "or approved equal"). (1) Supplied by the Contractor ·. (2) To be installed by the Contractor 8 - - - - ' ' ·- - (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). 8. Sprinkler Heads. a. Specified Head #1: Rainbird 1800PRS, 15 Series MPR (or "approved equal") (1) Body: Shall be Rainbird 1804 PRS and (or "approved equal') Non-corrosive cycolac and stainless steel construction. · (2) Pop-up design with pressure regulation. (3) 15' radius at 30 psi. with .93 GPM on 90 degree, 1.85 GPM on 180 degree emitter. (4) Precipitation Rate: 1.83"/hr for 90 degree and 180 degree heads. b. Specified Head #2: Hunter I 25 series for flow rates ranging between 9 and 25 gpm, 'and 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 I 20 with short radius nozzle for flow rates ranging between one (1) 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. Dripperline and Integral Dripperline Components: The dripperline shall be Techline pressure compensating dripperline or 'approved equal' l 7mm, 12mm, or 8mm non-pressure compensated dripperline as manufactured by Neta:fim Irrigation, Inc, 'or approved equal'. Dripper flow rate and spacing ahs be as indicated on drawings. a. Techline/Techlite 17mm, 12mm, or 8mm Fittings: All Techline/Techlite connections shall be made with approved Techline/Techlite insert fittings. b. Soil Staples (TLS6): All on-surface/under mulch Techline/Techlite installations shall be held in place with Techline Soil Staples spaced evenly every 3' to 5' on center, and with two staples on each change of location. c. Line Flushing Valves: All Techline/Techlite systems shall be installed with Neta:fim Automatic Line Flushing Valves 'or approved equal' as indicated on qrawings. The Line Flushing Valve shall be constructed of brown molded plastic and shall be a normally open hydraulic valve which flushes based on volumetric quantities of water. Inlet and outlet configurations shall be of one of the following configurations: • Yi" MPT, or • barbed insert fitting with collar The line flushing valve shall be serviceable by removing a threaded cover from a base, exposing the internal components. The internal components of the line flushing valve shall consist of: • a molded diaphragm retainer, - - - -' - - • a high density plastic flush regulator, and • a diaphragm 2" in diameter. The line flushing valve shall be capable of automatically operating during the initial system pressure build-up to discharge approximately one gallon of water. One line flushing valve shall be used for each 15 GPM of zone flow, and be able to operate at 57 PSI maximum, or 1.5 PSI minimum pressure at line ends. d. AirNacuum Relief Valves: Each independent subsurface irrigation zone shall be installed with an AirNacuum Relief Valve at the zone's highest point. Air/vacuum relief valves shall be constructed of grey and/or black plastic with an internal sliding poppet vlave that is capable of venting air or preventing vacuum. The main body shall have a W' male pipe thread (MPT). Operating pressure range for the air/vacuum relief valve shall be 7 PSI minimum to 140 PSI maximum. e. Pressure Regulator: A pressure regulator shall be installed at each zone valve or on the main line to ensure operating pressures do not exceed system requirements. The pressure regulator shall be a Netafim Pressure Regulator, 'or approved equal'. Model number as indicated on drawings. The pressure regulator valve(s) shall be a spring-operated piston type with an externally accessible regulation unit that can be serviced without removing the valve from the system. The valve shall be constructed from molded black plastic with six different colored tops with interchangeable springs denoting different pressure regulation and flow ranges. The regulator shall have a built-in indicator that shows when the proper outlet pressure is reached. Operating ranges for the valves shall be from 15-50 PSI in 5- PSI increments. Inlet and outlet ports of the valves shall be a combination of male/female threads. f. Disc Filter: A disc filter shall be installed at each zone valve or on the main line to ensure proper filtration. The filter shall be a Netafim Disc Filter, 'or approved equal'. Model number and mesh as indicated on drawings. The disc filter body shall be molded of black plastic with male pipe threads (MPT) for both the inlet and outlet ports. A threaded cap on one end of the body shall be capable of periodic servicing by unscrewing the cap or releasing the latched band from the main filter body. On one %" model, a manual shut-off valve shall be co-molded to the opposing end of the removable cap as part of the main body. This device shall be capable of closing off the inlet port so the disc element can be removed when the main line is still pressurized. The filter elements shall be disc-type. The disc-type filter rings shall be color-coded and available in one of four colors denoting filtration of 80, 120, 140, or 200 mesh. g. Reduced Pressure Backflow Prevention Units: Reduced pressure backflow prevention units shall be provided as indicated on drawings and shall be in compliance with local codes. Febco 825Y 'or approved equal'. Dripperline shall be of nominal sized one-half (112") low density, ultra-violet resistant, linear polyethylene tubing with internal pressure-compensating, continuous self-cleaning, integral drippers at a specified interval. The tubing shall be brown in color and shall conform to an outside diameter (0.D.) of 0.66" and and inside diameter (l.D.) of 0.57". The dripperline shall be capable of a discharge rate of0.4, 0.6, or 0.9 gallons per hour (GPH) between operating pressures of 7-70 PSI for each individual dripper. The individual self continuous self-cleaning pressure compensating drippers shall be welded to the inside of the tubing wall. The drippers shall be constructed of three individual pieces: a. A black-colored dripper containing a filtration system on the inlet side, compensation cell, and recessed chamber with a water outlet, b. A hard plastic diaphragm retainer with color denoting discharge rate, with chamfered edges and a recessed groove in the center extending the full length of the diaphragm and, 10 -' - t . ,.... ... 0, """' - - - c. A flexible black elastomer diaphragm that allows pressure to build up within the chamber to purge sediment or other debris that may not have been captured by the disc filter. Dripper spacings shall be available in the following on-center intervals -12'', 18", and 24". 10. Controller (Hunter ICC 'or approved equal'). 11. 12. The controller shall be a 40 station hybrid type, that combines elctro-machanical and microprocessor based circuitry cabable of fully automatic, semi automatic, and manual control irrigation systems. The controller shall be housed in a pedestal, heavy-duty, painted metal, weather resistant cabinet with a key lock door and shall be suitable for outdoor applications. The controller door shall be easily removable once it has been unlocked and opened. The controller's face panel shall be a swing open type and shall be easily removable for installation or maintenance. The controller shall operate on 117 V AC ± 10% at 60Hz and shall be capable of operating up to two 5 .5 VA Z4 V AC electric remote control valves per station plus a master valve or a pump start relay. The controller shall have an electronic diagnostic circuit breaker that shall sense a station with an electrical overload or short circuit and shall bypass the station and shall continue to operate all other stations in the program in sequence. The controller shall utilize an indicator light to alert the operator to the electrical problem and shall also display the problem station until the operator depresses the front-face-panel reset button. Lightning Arrestors with Grounding Rods (if applicable). a. Arrestor to be installed at controller by Contractor. Contractor shall install lightening rods. b. Ground Rods-Copper coated steel using copper coated or bronze one-piece clamps. Control Wiring a. All 24 volt wiring to be## 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. All control wires to be installed at minimum depth of eighteen (18") inch and directly alongside any pipe if the same ditch is used. 13. Miscellaneous Equipment a. Wire Connectors shall be 3M model OBY. 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-Yz" thru 1 Yz'' Weld-On #705; 2" thru 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 Yz") 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. 11 - r - - - - - f. All pipe to have a one (1 ') foot minimum vertical separation from all non-like utility lines. 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 b. c. d. e. Minimum cover over installed supply piping: Eighteen (18") inches Minimum cover over installed branch piping: Fourteen (14") inches Minimum cover over installed outlet piping: Fourteen (14") inches Maximum centerline depth main line shall not exceed twenty-four (24 '') 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 it 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. 12 - - - - - - - - - 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. 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 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 0698. 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. 17. Lateral Dripperline Layout: Veryify existing field dimensions of the area to be irrigated with the irrigation plans for accuracy. Begin dripperline layout 2" away from hard surfaces, i.e., shovel-cut headers, and 4" away from softscape transitions. Mark tubing intervals on the ground with flags, paint, or some other method that can be maintained throughout installation. 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, Lasco G 132-212, or KBI TSA-lOOOTT. c. Swing joints for quick coupling valves shall be made up using Spears brass female thread ell outlets 591-010-8BRA with brass extension nipple. 6. Use flexible risers on all fixed head pop-up sprinklers. 7. Dripperline Installation a. Install all dripperline as indicated on drawings. Use only Teflon tape on all threaded connections. b. Clamp Techlineffechlite fittings with Oetiker clamps when operating pressure exceeds specific dripperline fitting requirements. c. Dripperline can be installed with the water outlets facing up, down, or sideways. In irregular areas, some water outlets could end up too close to fixed improvements and may have to be capped off with a dripper plug ring. d. When installing Techlineffechlite dripperline on-surface, install soil staples as listed below: 1. 11. 111. Sand Soil -One staple every three (3 ') feet and two (2) staples on each change of direction (tee, elbow, or cross). Loam Soil-One staple every four (4') feet and two (2) staples on each change of direction (tee, elbow, or cross). Clay Soil-One staple every five (5') feet and two (2) staples on each change of direction (tee, elbow, or cross). 13 - - - c ' - - - - - - - e. Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place untilremoval is necessary for completion of installation. f Thoroughly flush all water lines before installing valves and other hydrants. 8. Methods of Installing Dripperline i.Dripperline shall be installed by on-grade installation. For on-surface or under mulch installation, place tubing at the lateral spacing indicated on plans and place soil staples on 3 '-5' intervals depending on terrain. Do not install tubing on surface without soil staples. Backfill with mulch or topdressing. 9. 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 a one (1) foot loop in each valve box of a 12 ga green and a 12 ga.yellow spare. b. Wire splices will only be allowed to occur 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 incr~ments with plastic straps. 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. 10. After piping is installed, but before outlets are installed and backfill commences, open valves and flush system with full head of water. 11. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. 12. 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) 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. 14 - - - ,. - - f • - - 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 th~ 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. 20. Thrust blocks to be used. (See V. Products B.,12d. Thrust block) 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. 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. 3. Quick-coupler valve to be installed on swing joint. Top to be flush with finish grade. 4. Line Flushing Valve Install the line flushing valve(s) below grade at the hydraulic termination point(s) in each system, normally at the point .farthest away from the source. Locate in a valve box with the top of the line flushing valve facing horizontally or vertically. Include a minimum of 1 cubic foot of%" gravel in the bottom of the valve box 5. AirNacuum Relief Valve Install the air/vacuum relief valve below grade and at the highest elevation(s) within each zone of subsurface dripperline. Depending on the site conditions and tubing layout, more than one air/vacuum relief valve may be required. Place the valve in a round valve box with a locking cover and a sump of 1 cubic foot of%" gravel as noted on the details. Additional Techline Blank Tubing may be necessary when placing Techline dripperline on mounds or berms with more than a 3' elevation difference. Techline, or Techline Blank Tubing shall be connected perpendicular to the dripperline with barbed tees and crosses from the lowest elevation of dripperline to die highest point of the mound berm where the air/vacuum relief valve is located. 15 - -f l"""I - - - - - - 6. The air/vacuum relieflateral serves to collect and transport trapped air bubbles or relieve vacuum in lower elevation dripperline parallel to the dripperline located at the highest point in the system. Locate an air/vacuum relief lateral for each berm (high point) in the zone. Disc Filter Install the disc filter, horizontally level, below grade, and either before or after the remote control valve as indicated in the installation details. The position of the disc filter in the valve box shall be off-center to allow for removal of the disc element for periodic servicing. Refer to the installation details for the size of the valve box. Include a minimum of 1 cu. ft. of%" gravel in the bottom of the valve box. 7. Pressure Regulators Install a pressure regulator below grade, in-line with, and downstream of the remote control valve. Whenever possible, place the pressure regulator in the same valve box to allow for periodic inspection. Place the regulator with the arrow (molded into the side of the body) pointing in the direction of the flow of water. Provide straight piping on the outlet side of regulator for a dimension not less than three lengths of the overall body dimension. F. Sprinkler Heads 1. All sprinkler heads to be in~lled 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 sp~er 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. I. 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. A warning tape is to be placed approx. 6" above the top of the pipe or 2nd wire for the entire length of the exposed area. Backfill is to be compacted and flooded to settle trench. The Contractor shall add more backfill if needed to bring trenches to existing grade. 16 - - - - -' - J. Controller (if applicable) I. Contractor to locate controller as indicated on plans and verify location with owner. 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. 6. The Owner shall provide a telephone line for the controller. The Contractor shall provide a conduit for the installation of the telephone line into the controller housing. K. Wiring I. 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. 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 main line 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 WW A 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. 17 - - - - - - -r . - 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. Double Check Valves shall be tested and certified, and two (2) copies shall be provided 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 satisfaction. At this time the Owner will accept system frol}l 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. Ifno 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 materials. 18 !"'""' ,... - ,... - ,..,.. ' .. I'"\ . f"'"I ... ,... ,, - - e. f. Check that potable water supplies have correct type backflow preventers. 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. 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 the Owner has made request, 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 19 SECTION04 r' SPECIAL CONDITIONS - - - - - - I. General A. Work Included: Section 01-Summary ofWork Section 02 -Product Substitution Section 03 -Irrigation II. Special Conditions A. Preliminary Inspection B. Final Inspection End-of-Sectio., 20