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Home My WebLink AboutResolution - 2010-R0069 - Contract 10-021-P-021-NJPA Talon/LPE Backflow Assembly Conversions - 02/09/2010Resolution No. 2010—R0069 February 9, 2010 Item No. 5.13 RESOLUTION 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, Job Order Contract No. 10- 021-P-021-NJPA for parks backflow assembly conversion (Install RPZ) per National Joint Powers Alliance (NJPA), Indefinite Quality Construction Contract, by and between the City of Lubbock and Talon/LPE of Amarillo, 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 on February 9, 2010 TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT `n n colt Snider. Assistant City Manager Community Development APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Talon LPE January 27, 2010 Resolution No. 2010—R0069 City of Lubbock Job Order This .lob Order is go\ erned b) all terms and conditions of the Contract referenced below which is hereby incorporated b) reference. O\aner: Wesle) EN Brett. Director ol' Facilities Management for Parks & Recreation MPA Contract Number: TX04-1161908-TAL, National Joint Powers Alliance (NJPA), Indefinite Quantity Construction Contract. Contract .lob Order Number: 10 -021 -P -021 -NJ PA Contractor: Talon/LPF. Date of Contract: September 25, 2008 .lob Order Date: Januar.) 22, 2010 SU111mar) and Description oI Statement oI VA'oi-k attached hereto: Parks Backflow Assembly Conversion (Install RPZ) "halon .lob Order NUmbcr: 009471.01 and Insurance requirements per Exhibit A. hereto attached. Value ohpre-priced \Nork: S 988,437.74 Value 01'11011 -pre -priced work: $469,865.21 Payment and Perlormance Bonds: S 37,392.38 I otal Fized Price stipulated sum for this .lob Order (.lob Order Su111): $ 1,495,695.33 Notice to Proceed Date I'or this .lob Order: To be issued after City Council approval Expected Completion Date for this .lob Order: To be determined after Citv Council approval Liquiclated Damages (if different than as set forth in Agreement): $100 per day • • 0 By: PRINTED NAME: BRI DGER I TOWARD I ITLE: PRO.IECT MANAGER COMPIT"l-F. ADDIZESS: Company: I alo1ULPE Address: 921 N. Bivins Street City. State. Zip: Amarillo. Texas 79107 V'.�b or�_ - Wesley Everett. Directorol'Facilitics CITY OF LUBBOCK, TEXAS (OWNER) Tont Martin, Mayor ATTEST: AQ Rebec -a Garza. City Secretary APPROVED S TO CONTENT: Owner'�prese latlV hector APPI D AS TO FORM: 4,4 City Attorney Resolution No. 2010-R0069 IQC Detailed Scope of Work C:( .0 To: Select a Contractor Project Manager in People Date Printed: January 21, 2010 Work Order Number: 009471.01 Work Order Title: Lubbock- Parks & rec Install RPZ Brief Scope: From: Select a TGG Project Manager in People The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Detailed Scope: SOW: This proposal is for the installation of RPZ assemblies and all necessary work in order to complete the project per the information provided to Talon/LPE. A more detailed SOW can be provided once the scope has been finalized by Craig Wuenche with the City of Lubbock. Proposal has been revised to eliminate the following sites: Civic Center Rock Detroit Median Indiana Median (5 locations) Leftwich (West) Mun. Blvd. Ave N Parking Quincy Median Silent Wings University Median (5 Locations) Detailed Scope of Work Page 1 of 1 EZ/QC - Southwest 1/21/2010 Page 1 of 11 of Proposal - CSI Contractor's Price Proposal Summary - CSI Print ate: January 22, 2U1U Contract Number: TX04-061908-TAL Work Order Number: 009471.01 Work Order Title: Lubbock- Parks & rec Install RPZ Contractor: Talon/LPE Proposal Value: $ 1,495,695.33 Proposal Name: Parks & Rec RPZ Irrigation Resolution No. 2010-R0069 C IQC :I Subtotal for Section -01: $198,932.26 Subtotal for Section -02: $236,434.15 Subtotal for Section -03: $23,726.55 Subtotal for Section -15: $328,897.81 Subtotal for Section -16: $237,838.65 Subtotal for Section -20: $469,865.91 Proposal Total $1,495,695.33 This proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding of the line totals and sub -totals. The Percentage of NPP on this Proposal: 31.4145% Price Proposal Summary - CSI Paqe 1 of 11 EZ/QC - Southwest 1/22/2010 Page 2 of 11 of Proposal - CSI 4- QC00 Contractor's Price Proposal Detail - CSI Print Date: January 22, 2010 Contract Number: TX04-061908-TAL Work Order Numbe 009471.01 Work Order Title: Lubbock- Parks & rec Install RPZ Contractor: Talon/LPE Proposal Value: $ 1,495,695.33 Proposal Name: Parks & Rec RPZ Irrigation Record Section -Item ModiufierUOM Description Line Total Section -01 1 01352-0029 HR Sprinkler Installer,Note: Line items in the CTC include appropriate costs to cover $2,352.23 labor. These items will be requested specifically by the owner for miscellaneous -work not covered in the CTC. Quantity Unit Price Factor - Total Installation 40.00 x $45.48 x 1.2930 = $2,352.23 Perform 15 Tie-ins after water meter is removed 2 01352-0029 HR Sprinkler Installer,Note: Line items in the CTC include appropriate costs to cover $14,701.41 labor. These items will be requested specifically by the owner for miscellaneous work not covered in the CTC. Quantity Unit Price Factor Total Installation 250.00 x $45.48 x 1.2930 = $14,701.41 Controller Installation for (5) Owner Provided Controllers 3 01352-0029 HR Sprinkler Installer,Note: Line items in the CTC include appropriate costs to cover $17,818.11 labor. These items will be requested specifically by the owner for miscellaneous work not covered in the CTC. Quantity Unit Price Factor Total Installation 303.00 x $45.48 x 1.2930 = $17,818.11 Systems Checks 4 01352-0029 HR Sprinkler Installer,Note: Line items in the CTC include appropriate costs to cover $62,510.40 labor. These items will be requested specifically by the owner for miscellaneous work not covered in the CTC. Quantity Unit Price Factor Total Installation 1,063.00 x $45.48 x 1.2930 = $62,510.40 Irrigation Labor 5 01352-0029 HR Sprinkler Installer,Note: Line items in the CTC include appropriate costs to cover $1,646.56 labor. These items will be requested specifically by the owner for miscellaneous work not covered in the CTC. Quantity Unit Price Factor Total Installation 28.00 x $45.48 x 1.2930 = $1,646.56 2 men 2 days in order to convert from Hydraulic to Electric system 6 01352-0039 HR Laborer,Note: Line items in the CTC include appropriate costs to cover labor. $9,830.47 These items will be requested specifically by the owner for miscellaneous work not covered in the CTC. Quantity Unit Price _ Factor Total Installation 441.00 x $17.24 x 1.2930 = $9,830.47 Misc. Hand Excavation at each site for RPZ Installation, approximately 3 hours per site 7 01510-0014 EA 30 CY Dumpster (4Ton Capacity) "Construction Debris"Note: Price Includes $417.61 Service To Deliver And Pick-up Of Dumpster, Hauling Of Debris, Rental Of Dum ster And Dis osal Fee. Quantity Unit Price Factor Total Installation 1.00 x $322.98 x 1.2930 = $417.61 Haul Off Building at Crowe Price Proposal Detail - CSI Pape 2 of 11 EZ/QC - Southwest 1/22/2010 Page 3 of 11 of Proposal - CSI tfAIQC 4 00 Record Section - Item ModiufierUOM Description Line Total Section -01 8 01590-0296 DAY 1/2 To 5/8 CY, 65 HP, Loader -Backhoe, With Full -Time Operator $555.83 Quantity Unit Price Factor Total Installation 1.00 x $429.88 x 1.2930 = $555.83 Backhoe for Crowe Building Demolition 9 01590-0297 WK 1/2 To 5/8 CY, 65 HP, Loader -Backhoe, With Full -Time Operator $4,127.36 Quantity Unit Price Factor Total Installation 2.00 x $1,596.04 x 1.2930 = $4,127.36 Remove Vaults, Load Debris 10 01590-0400 MO Trencher, To 4' Deep With Full-time Operator $80,205.44 Quantity Unit Price Factor Total Installation 10.00 x $6,203.05 x 1.2930 = $80,205.44 Trenching will require movement to 160 locations through out the duration of the project 11 01590-0818 EA Backhoe, Dozer Or Roller Up To 250 HP Delivery/Mob/DemobNote: Use for $433.35 backhoe, dozer, roller, loader, excavator or similar sized equipment Includes delivery fee delivery, setup and return. Quantity Unit Price Factor Total Installation 1.00 x $335.15 x 1.2930 = $433.35 Building Demolition at Crowe 12 01590-0818 EA Backhoe, Dozer Or Roller Up To 250 HP Delivery/Mob/DemobNote: Use for $4,333.49 backhoe, dozer, roller, loader, excavator or similar sized equipment Includes delivery fee, delivery, set -u and return. Quantity Unit Price Factor Total Installation 10.00 x $335.15 x 1.2930 = $4,333.49 Once Per Day to mobilize to each park Subtotal for Section -01: $198,932.26 Section -02 13 02111-0015 CCF Demo Masonry Building With Bulldozer/Excavator Remove Building $272.69 Quantity Unit Price Factor Total Installation 15.00 x $14.06 x 1.2930 = $272.69 14 02112-0023 SY Break-up And Remove >3" To 6" Thick Concrete, Without Reinforcing $57.02 Quantity Unit Price Factor Total Installation 6.00 x $7.35 x 1.2930 = $57.02 Concrete sidewalk removal 15 02112-0091 SF Demo Concrete Foundation Wall 4" To 5" Thick $8,590.69 Quantity Unit Price Factor Total Installation 4,400.00 x $1.51 x 1.2930 = $8,590.69 100 SF each (44) total - Vault Demolition 16 02119-0004 CY Drop -Off Concrete At Re -Cycling Center $606.16 Quantity Unit Price Factor Total Installation 80.00 x $5.86 x 1.2930 = $606.16 17 02205-0007 CY Spreading, Shaping, and Rough Grading Imported or Stockpiled Material for Bulk $2,417.91 Excavation b Machine Quantity Unit Price Factor Total Installation 1,000.00 x $1.87 x 1.2930 = $2,417.91 Price Proposal Detail - CSI Paqe 3 of 11 EZ/QC - Southwest 1/22/2010 Page 4 of 11 of Proposal - CSI JQC CIA( Record Section - Item ModiufierUOM Description Line Total Section-02 18 02213-0004 CY Native Soil/Dirt - Common $17,080.53 Quantity Unit Price Factor Total Installation 1,000.00 x $13.21 x 1.2930 = $17,080.53 19 02215-0002 CY 12" Wide or Less, Excavation for Trenching by Machine in Soil $6,489.24 Quantity Unit Price Factor Total Installation 1,375.00 x $3.65 x 1.2930 = $6,489.24 Irrigation 20 02215-0002 CY 12" Wide or Less, Excavation for Trenching by Machine in Soil $11,189.82 Quantity Unit Price Factor Total Installation 2,371.00 x $3.65 x 1.2930 = $11,189.82 Electrician 21 02215-0010 CY Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials $1,538.67 by Machine Quantity Unit Price Factor Total Installation 1,000.00 x $1.19 x 1.2930 = $1,538.67 22 02215-0010 CY Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials $3,648.19 by Machine Quantity Unit Price Factor Total Installation 2,371.00 x $1.19 x 1.2930 = $3,648.19 Electrician 23 02215-0010 CY Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials $2,115.67 by Machine Quantity Unit Price Factor Total Installation 1,375.00 x $1.19 x 1.2930 = $2,115.67 Irrigation 24 02224-0049 LF Directional Boring For 2" (50 mm) Diameter Pipe, Horizontal, Underground $15,565.65 Quantity Unit Price Factor Total Installation 576.00 x $20.90 x 1.2930 = $15,565.65 25 02224-0049 LF Directional Boring For 2" (50 mm) Diameter Pipe, Horizontal, Underground $29,726.07 Quantity Unit Price Factor Total Installation 1,100.00 x $20.90 x 1.2930 = $29,726.07 Misc. Boring under sidewalks through out the park projects 26 02224-0052 LF Directional Boring For 4" (10 cm) Diameter Pipe, Horizontal, Underground $26,378.39 Quantity Unit Price Factor Total Installation 818.00 x $24.94 x 1.2930 = $26,378.39 27 02224-0054 LF Directional Boring For 6" (15 cm) Diameter Pipe, Horizontal, Underground $8,633.23 Quantity Unit Price Factor Total Installation 230.00 x $29.03 x 1.2930 = $8,633.23 28 02441-0060 EA 1" (25mm) Electric Valve, Plastic Construction Operating Range Flow: 5 To 30 $1,162.61 GPM Operating Range Pressure: 15 To 125 PSI Quantity Unit Price Factor Total Installation 12.00 x $74.93 x 1.2930 = $1,162.61 29 02441-0063 EA 1-1/2" (38mm) Electric Valve, Plastic Construction Operating Range Flow: 25 To $898.44 200 GPM Operating Rama Pressure. 20 To 20.0 PSI Quantity Unit Price Factor Total Installation 5.00 x $138.97 x 1.2930 = $898.44 Price Proposal Detail - CSI Paqe 4 of 11 EZ/QC - Southwest 1/22/2010 Page 5 of 11 of Proposal - CSI r 00 Record Section - Item ModiufierUOM Description Line Total Section-02 30 02441-0064 EA 2" (50mm) Electric Valve, Plastic Construction Operating Range Flow: 25 To 200 $5,167.15 GPM Operating Range. Pressure: 20 To 200 PSI Quantity Unit Price Factor Total Installation 23.00 x $173.75 x 1.2930 = $5,167.15 31 02441-0080 EA 3" (76mm) Electric Valve, Brass Construction With Flow Control Operating Range $9,448.47 Flow: 5 To 200 GPM Operating Range Pressure: 15 To 200 PSI Quantity Unit Price Factor Total Installation 15.00 x $487.16 x 1.2930 = $9,448.47 32 02441-0089 EA 12" (30cm) Square Controller Valve Boxes $4,161.04 Quantity Unit Price Factor Total Installation 0.00 x $77.87 x 1.2930 = $0.00 Demolition 137.00 x $23.49 x 1.2930 = $4,161.04 Valve Box Demolition 33 02441-0143 LF 2" (50mm) Schedule 200 PVC Pipe With Fittings $24,999.64 Quantity Unit Price Factor Total Installation 6,980.00 x $2.77 x 1.2930 = $24,999.64 34 02441-0152 LF 1" (25mm) Poly Pipe, 80 PSI, NSF $546.94 Quantity Unit Price Factor Total Installation 300.00 x $1.41 x 1.2930 = $546.94 35 02441-0154 LF 1-1/2" (38mm) Poly Pipe, 80 PSI, NSF $2,116.38 Quantity Unit Price Factor Total Installation 660.00 x $2.48 x 1.2930 = $2,116.38 36 02441-0155 LF 2" (50mm) Poly Pipe, 80 PSI, NSF $170.83 Quantity Unit Price Factor Total Installation 36.00 x $3.67 x 1.2930 = $170.83 37 02614-0013 SF 4!'(10 cm) Thick Slab On Grade, 3000 PSI, Includes Forms, Wire Mesh And $160.33 Reinforcing Rods, Vapor Barrier, Concrete, Curing, Expansion And Construction Joints And Finish. Excavation And Earthwork Not Included. Quantity Unit Price Factor Total Installation 50.00 x $2.48 x 1.2930 = $160.33 Sidewalk replacement 38 02953-0006 LF Up To 4" Diameter Pipe Line Cleaning, Hydro Jetting Method, Light Cleaning - 3 $53,292.39 Passes Quantity Unit Price Factor Total Installation 40,808.00 x $1.01 x 1.2930 = $53,292.39 Water Jetting Trenching at Each Location during Backfill Operations Subtotal for Section-02: $236,434.15 Section-03 39 03311-0091 EA Delivery Fee For Short Load Concrete Purchases $12,671.40 Quantity Unit Price Factor Total Installation 140.00 x $70.00 x 1.2930 = $12,671.40 40 03311-0091 EA Delivery Fee For Short Load Concrete Purchases $90.51 Quantity Unit Price Factor Total Installation 1.00 x $70.00 x 1.2930 = $90.51 Pour Back Removed Sidewalk Price Proposal Detail - CSI Pape 5 of 11 EZ/QC - Southwest 1/22/2010 Page 6 of 11 of Proposal - CSI , I CA( C Record Section - Item ModiufierUOM Description Line Total Section-03 41 03311-0096 SF 6" Equipment Pad With Rebar $10,964.64 Quantity Unit Price Factor Total Installation 1,000.00 x $8.48 x 1.2930 = $10,964.64 Subtotal for Section-03: $23,726.55 Section-15 42 15043-0045 EA Water Balancing, Backflow Preventer Or Reduced Pressure Zone Valves $0.00 Quantity Unit Price - Factor Total Installation 0.00 x $25.49 x 1.2930 = $0.00 43 15064-0336 LF 3/4" Pipe Schedule 40 PVC Socket Weld $21,090.90 Quantity Unit Price Fa Or Total Installation 7,880,00 x $2.07 x 1.2930 = $21,090.90 44 15064-0337 LF 1" Pipe Schedule 40 PVC Socket Weld $20,741.59 Quantity Unit Price Factor Total Installation 7,005.00 x $2.29 x 1.2930 = $20,741.59 45 15064-0338 LF 1-1/4" Pipe Schedule 40 PVC Socket Weld $24,003.25 Quantity Unit Price Factor Total Installation 7,280.00 x $2.55 x 1.2930 = $24,003.25 46 15064-0349 EA 3/4" 90 Degree Elbow, PVC Schedule 40 Socket Weld $1,448.81 Quantity Unit Price Factor Total Installation 150.00 x $7.47 x 1.2930 = $1,448.81 47 15064-0350 EA 1" 90 Degree Elbow, PVC Schedule 40 Socket Weld $507.76 Quantity Unit Price Factor _ Total Installation 42.00 x $9.35 x 1.2930 = $507.76 48 15064-0351 EA 1-1/4" 90 Degree Elbow, PVC Schedule 40 Socket Weld $414.59 Quantity Unit Price Factor Total Installation 24.00 x $13.36 x 1.2930 = $414.59 49 15064-0423 EA 3/4" Male Adapter, PVC Schedule 40 Socket Weld X Male Thread $1,481.78 Quantity Unit Price Factor Total Installation 150.00 x $7.64 x 1.2930 = $1,481.78 50 15064-0424 EA 1" Male Adapter, PVC Schedule 40 Socket Weld X Male Thread $517.54 Quantity Unit Price Factor Total Installation 42.00 x $9.53 x 1.2930 = $517.54 51 15064-0425 EA 1-1/4" Male Adapter, PVC Schedule 40 Socket Weld X Male Thread $415.52 Quantity Unit Price Factor Total Installation 24.00 x $13.39 x 1.2930 = $415.52 52 15064-0445 EA 3/4" Coupling, PVC Schedule 40 Socket Weld $7,654.56 Quantity Unit Price Factor Total Installation 800.00 x $7.40 x 1.2930 = $7,654.56 53 15064-0446 EA 1" Coupling, PVC Schedule 40 Socket Weld $8,354.07 Quantity Unit Price Factor Total Installation 700.00 x $9.23 x 1.2930 = $8,354.07 54 15064-0447 EA 1-1/4" Coupling, PVC Schedule 40 Socket Weld $12,284.02 Quantity Unit Price Factor Total Installation 728.00 x $13.05 x 1.2930 = $12,284.02 Price Proposal Detail - CSI Pape 6 of 11 EZ/QC - Southwest 1/22/2010 Page 7 of 11 of Proposal - CSI Record Section - Item ModiufierUOM Description QQ C J Line Total 55 15064-0586 EA 1" Male Adapter Schedule 80 PVC Socket Weld x Male Thread $755.19 Quantity Unit Price Factor Total Installation 53.00 x $11.02 x 1.2930 = $755.19 56 15064-0588 EA 1-1/2" Male Adapter Schedule 80 PVC Socket Weld x Male Thread $1,492,64 Quantity Unit Price Factor _ Total Installation 65.00 x $17.76 x 1.2930 = $1,492.64 57 15064-0589 EA 2" Male Adapter Schedule 80 PVC Socket Weld x Male Thread $1,495.59 T Quantity Unit Price Factor Total Installation 51.00 x $22.68 x 1.2930 = $1,495.59 58 15112-0019 EA 2-1/2" Flanged Double Check Valve Assembly With NRS Shut -offs (Watts 007 $14,433.45 NRS) Quantity Unit Price Factor Total Installation 0.00 x $954.26 x 1.2930 = $0.00 Demolition 137.00 x $81.48 x 1.2930 = $14,433.45 Demolition of Double Check Assemblies 59 15112-0108 EA 1" Threaded Reduced Pressure Zone Assembly With Quarter Turn Shut -offs And $8,531.24 Strainer Watts 009 QT -S series, Quantity Unit Price Factor Total Installation 26.00 x $253.77 x 1.2930 = $8,531.24 60 15112-0110 EA 1-1/2" Threaded Reduced Pressure Zone Assembly With Quarter Turn Shut -offs $23,453.73 And Strainer (Watts 009 IT -S series) _ Quantity Unit Price Factor Total Installation 44.00 x $412.25 x 1.2930 = $23,453.73 61 15112-0111 EA 2" Threaded Reduced Pressure Zone Assembly With Quarter Turn Shut -offs And $2,575.66 Strainer (Watts 009 QT -S series) Quantity Unit Price l Factor Total Installation 4.00 x $498.00 x 1.2930 = $2,575.66 62 15112-0165 EA 2 1/2" Flanged Reduced Pressure Zone Assembly With NRS Shut -offs And $58,158.60 Strainer Strainer (Watts 909 NRS -S series T Quantity Unit Price Factor Total Installation 29.00 x $1,551.02 x 1.2930 = $58,158.60 63 15112-0166 EA 3" Flanged Reduced Pressure Zone Assembly With NRS Shut -offs And Strainer $68,082.66 (Watts 909 NRS -S series) Quantity Unit Price Factor Total Installation 30.00 x $1,755.16 x 1.2930 = $68,082.66 64 15112-0167 EA 4" Flanged Reduced Pressure Zone Assembly With NRS Shut -offs And Strainer $11,724.04 Watts 909 NRS -S series) Quantity Unit Price Factor Total Installation 4.00 x $2,266.83 x 1.2930 = $11,724.04 65 15173-0017 EA 0.5 - 25% Accuracy Read Out Meter For Use With Portable Water Balancing Valve $39,280.62 Quantity Unit Price Factor Total Installation 56.00 x $542.49 x 1.2930 = $39,280.62 66 15910-0071 EA Install And Wire Flow Sensor $0.00 Quantity Unit Price Factor Total Installation 0.00 x $163.48 x 1.2930 = $0.00 Subtotal for Section -15: $328,897.81 Section -16 Price Proposal Detail - CSI Pape 7 of 11 EZ/QC - Southwest 1/22/2010 Page 8 of 11 of Proposal - CSI Record Section - Item ModiufierUOM Description t IQC CA( j Line Total Section -16 67 16115-0027 EA Single Receptacle Cover Add -On $2,164.28 Q- - - �- uantiry Unit -Price- Factor Total Installation 122.00 x $13.72 x 1.2930 = $2,164.28 68 16120-0004 MLF #12 AWG Cable - Type THHN-THWN, 600 V Copper, Single Solid, Placed In $3,503.42 Conduit tity Unit Price Factor Total Installation 7.50 x $361.27 x 1.2930 = $3,503.42 69 16120-0005 MLF #10 AWG Cable - Type THHN-THWN, 600 V Copper, Single Solid, Placed In $7,489.25 Conduit Quantity _ Unit Price Factor Total Installation 12,12 x $477.90 x 1.2930 = $7,489.25 70 16120-0238 MLF #8 AWG Cable - Type THHN-THWN 600 V Copper, Single Stranded, Placed In $5,340.86 Conduit _ -__ Quantity Unit Price-Factor __ Total Installation 4.80 x $860.54 x 1.2930 = $5,340.86 71 16120-0239 MLF #6 AWG Cable - Type THHN-THWN 600 V Copper, Single Stranded, Placed In $7,470.46 Conduit _ _ Quantity Unit -Pricea for Total Installation 4.46 x $1,295.43 x 1.2930 = $7,470.46 72 16120-0240 MLF #4 AWG Cable - Type THHN-THWN 600 V Copper, Single Stranded, Placed In $32,319.20 Conduit Quantity Unit Price Factor Total Installation 13.39 x $1,866.73 x 1.2930 = $32,319.20 73 16120-0241 MLF #3 AWG Cable - Type THHN-THWN 600 V Copper, Single Stranded, Placed In $2,954.47 Conduit Quantity Unit Price , _.. ___ Factor Total Installation 1.00 x $2,284.97 x 1.2930 = $2,954.47 74 16120-0242 MLF #2 AWG Cable - Type THHN-THWN 600 V Copper, Single Stranded, Placed In $34,252.62 Conduit _ Quantity Unit Price Factor Total Installation 9.38 x $2,824.18 x 1.2930 = $34,252.62 75 16120-0243 MLF #1 AWG Cable - Type THHN-THWN 600 V Copper, Single Stranded, Placed In $11,731.10 Conduit Quantity Unit Price Factor Total Installation 2.60 x $3,489.53 x 1.2930 = $11,731.10 76 16120-1024 MLF #6 AWG 1/c Bare Solid Copper Cable, Installed On Poles $464.11 Quantity Unit Price Factor Total Installation 0.38 x $944.58 x 1.2930 = $464.11 77 16120-1059 MLF 2/c #20 AWG, Shielded, Stranded Copper Conductors, Microphone $6,981.55 Quantity Unit Price Factor Total Installation 12.52 x $431.27 x 1.2930 = $6,981.55 78 16120-1069 CLF Red Teflon 1 -Pair #18 Gauge, Twisted Shielded Solid CU $12,636.97 Quantity Unit Price Factor Total Installation 113.00 x $86.49 x 1.2930 = $12,636.97 79 16120-1075 CLF Red Teflon 1 -Pair #14 Gauge, Twisted Shielded Solid CU $32,333.99 Quantity Unit Price Factor Total Installation 183.00 x $136.65 x 1.2930 = $32,333.99 80 16120-1077 CLF Red Teflon 2 -Pair #16 Gauge, Twisted Shielded Solid CU $8,176.87 QuantityUnit Price Factor Total Installation 35.65 x $177.39 x 1.2930 = $8,176.87 Price Proposal Detail - CSI Page 8 of 11 EZ/QC - Southwest 1/22/2010 Page 9 of 11 of Proposal - CSI Record Section - item ModiufierUOM Description LSection-16 81 16120-1131 EA 1-1/4" Weatherproof Conduit Hubs Quantity Unit Price Factor Installation 38.00 x $38.32 x 1.2930 = C Line Total $1,882.81 Total $1,882.81 82 16120-1131 EA 1-1/4" Weatherproof Conduit Hubs $1,882,81 Quantity Unit Price Factor Total Installation 38.00 x $38.32 x 1.2930 = $1.882.81 83 16120-1141 EA 1-1/4" Galvanized Weatherhead For #4 Thru #2 AWG Cable Service Entrance $2,004.18 Threaded Weatherhead Quantity Unit Price Factor Total Installation 38.00 x $40.79 x 1.2930 = $2,004.18 84 16121-0024 EA #3/0 AWG Compression Lugs, 1 Hole, Wrapped, Low Voltage, To 600 Volts $392.43 Quantity Unit Price Factor Total Installation 10.00 x $30.35 x 1.2930 = $392.43 85 16121-0052 EA Terminal Block, 12 Pt, Wire Size #22410 SCW Type, No Labor Wire Termination, $22,043.43 600 V Quantity Unit Price Factor Total Installation 122.00 x $139.74 x 1.2930 = $22,043.43 86 16131-0329 EA 1-1/2" Junction Box With Cast Iron Cover, GUAB, GUAC, GUAL, GUAN, RGS $1,569.99 PVC Coated, Urethane Lined Quantity Unit Price Factor Total Installation 6.00 x $202.37 x 1.2930 = $1,569.99 87 16131-0777 EA RGS 3/4" Threaded Hubs, Rain Tight, Die Cast Zinc $1,661.07 Quantity Unit Price Factor Total Installation 122.00 x $10.53 x 1.2930 = $1,661.07 88 16131-0865 LF 1/2" EMT Conduit, Mounted Exposed On Flat Wall $437.29 Quantityni-C! `t Pnce Factor _T05-1- otal-Installation Installation190.00 x $1.78 x 1.2930 = $437.29 89 16131-0868 LF 1-1/4" EMT Conduit, Mounted Exposed On Flat Wall $5,011.67 Quantity Ur tPrice Factor Total Installation 1,140.00 x $3.40 x 1.2930 = $5,011.67 90 16131-0901 EA 1-1/4" EMT Compression Coupling, Mounted Exposed On Flat Wall $256.97 Quantity Unit Price Factor l Tota Installation 38.00 x $5.23 x 1.2930 = $256.97 91 16131-0934 EA 1-1/4" EMT Box Connector, Compression $934.53 Quantity Unit Price Factor Total Installation 76.00 x $9.51 x 1.2930 = $934.53 92 16190-0003 EA One Hole Steel Conduit Strap, 1/2" $51.10 Quantity Unit Price Factor Total Installation 76.00 x $0.52 x 1.2930 = $51.10 93 16190-0006 EA One Hole Steel Conduit Strap, 1-1/4" $129,71 Quantity Unit Price Factor Total Installation 114.00 x $0.88 x 1.2930 = $129.71 94 16330-0019 EA 5 KVA, 240 x 480 V - 120/240 V Transformer, 1 Phase, 60 Hz, General Purpose, $504.65 Dry Quantity Unit Price Factor Total Installation 1.00 x $390.29 x 1.2930 = $504.64 Price Proposal Detail - CSI Pape 9 of 11 EZ/QC - Southwest 1/22/2010 Page 10 of 11 of Proposal - CSI A.IQC Record Section - Item ModiufierUOM Description Line Total Section -16 95 16430-0003 EA 100 A, 1 Phase, 3 Wire, 4 Terminal Meter Socket With Bypass, Exposed On Wood $5,308.93 Quantity Unit Price Factor Total Installation 38.00 x $108.05 x 1.2930 = $5,308.93 96 16452-0004 EA 3/4" Diameter x 10' Long Copper -Clad Ground Rods $53,250.91 Total $53,250.91 $2,871.39 $11,064.30 Quantity Unit Price Factor Total Factor Installation 38.00 x $58.44 x 1.2930 = $2,871.39 97 16453-0004 EA 3/4" Ground Rod Clamp $11,064.30 $500.68 Factor Quantity Unit Price Factor Total Section -20 Installation 38.00 x $10.19 x 1.2930 = $500.68 98 16471-0393 EA 1 Pole, 120/240 Volt, 15-60 A, Branch Circuit Breaker, 22,000 Amp Interrupting $7,373.20 Capacity $23,467.95 NPP Task Quantity Quantity Unit Price Factor Total Installation 81.00 x $70.40 x 1.2930 = $7,373.20 99 16471-0503 EA 30 A, 2 Circuit, Main Lug Load Center Panelboard, 3 Wire, 120/240 V, Single $3,197.64 Phase, $3,898.40 NPP TaskQuantity Unassembled Factor Total Quantity Unit Price Factor Total $3,898.40 Installation 38.00 x $65.08 x 1.2930 = $3,197.64 100 16471-0517 EA 60 A, 3 Circuit, Main Lug Load Center Panelboard, 3 Phase 4 Wire, 208 Y/120 V $940.72 AC, 3 Phase 4 Wire 240/120 V AC Delta, 3 Phase 3 Wire 240 V AC Delta, Rainproof, Unassembled Quantity Unit Price Factor Total Installation 5.00 x $145.51 x 1.2930 = $940.72 101 16820-0051 EA Duplex GFI Receptacle $53,250.91 Total $53,250.91 105 2000010 HB3000 Enclosure $11,064.30 $274,074.62 Quantity Unit Price Factor Total 1.2930 = Installation 122.00 x $70.14 x 1.2930 = $11,064.30 Subtotal for Section -16: Factor Total Installation 58.00 x $387.08 x $237,838.65 Section -20 102 2000007 HBI Enclosure $23,467.95 NPP Task Quantity Unit Price Factor Total Installation 25.00 x $726.00 x 1.2930 $23,467.95 103 2000008 HB2 Enclosure $3,898.40 NPP TaskQuantity Unit Price Factor Total Installation 3.00 x $1,005.00 x 1.2930 = $3,898.40 104 2000009 1-161.5 Enclosure NPP Task Quantity Unit Price Installation 44.00 x $936.00 x Factor 1.2930 = $53,250.91 Total $53,250.91 105 2000010 HB3000 Enclosure $274,074.62 NPP TaskQuantity Unit Price Factor - - Total Installation 64.00 x $3,312.00 x 1.2930 = $274,074.62 106 2000011 2.5 Valve Setting Elbow Flanged $29,028.68 NPP Task Quantity Unit Price Factor Total Installation 58.00 x $387.08 x 1.2930 = $29,028.68 Price Proposal Detail - CSI Paqe 10 of 11 EZ/QC - Southwest 1/22/2010 Page 11 of 11 of Proposal - CSI JQCC14(r Record Section - Item ModiufierUOM Description Line Total Section -20 107 2000012 3" Valve Setting Elbow Flanged $31,297.32 NPP Task Quantity Unit Price Factor Tota€^ Installation 60.00 x $403.42 x 1.2930 a $31,297.32 108 2000013 4" Valve Setting Elbow Flanged $4,989.95 r -- NPP Task Quantity Unit Price Factor Total Installation 8,00 x $482.40 x 1.2930 $4,989.95 109 2000014 Spool $49,858.08 NPP Task Quantity Unit Price Factor Total Installation 128.00 x $301.25 x 1.2930 $49,858.08 Subtotal for Section -20: $469,865.91 Proposal Total $1,495,695.33 This proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding of the line totals and sub -totals. The Percent of NPP on this Proposal: 31.41455% Subcontractor Listing Pape 11 of 11 EZ/QC - Southwest 1/22/2010 Resolution No. 2010-R0069 N ichael D. Williams William.l. Nemec President Pke Presider! --- Michael C. Pecard �. Eyel-011. Alawl"er �- -= INC. NORTH AMERICAN CONSTRUCTION SERVICES, INC. ESCRONV AGREES IENT #2223386158 $1,495,695.33 1 -1 -IIS ESCRO\V AGREEMENT is made the. 15'I' clay of February, 2010, by incl 21111011'! Talon LPE ("Contractor"), Talon LPE and MVD Prescott Management, LLC and NVilliam David PI'escolt 11 2ind Kellie Prescott and NNIlliam David Prescott and Teresa Prescott and Terry Wayne Prescott and Jeanne Prescott aIle Richard Alan Prescott (indiviclually and/or collectively, "Inclenlllltor"), NOR'hH AMERICAN CONSTRUCTION SERVICES, INC., a NlinneSota corporation ("NACS"), and Ullico Casualty Ca111pan)l ("Surety"). \\/I IEREAS, Contractor has entered into mi wreement (tile "Contract") \vith City of Lubbock (whether one or more collectively, "Obligee") whereby Contactor mireed to 11CI•t01•Ill CCI•tillll CO11Stl-LICt011 wort: (the "Work") related to TY04-061908-TAL, National Joint Powers Alliance (NJPA), Indefinite Quantity Construction Conr1•act, Parlcs Backflow Assembly Conversion (Install RPZ) (the "Project"), \VIIEREAS, each Inclenlnitor 1s a party to the Agreement of Iudenlnity (as delined bolo\\) and has a Substantial material direct or indirect beneficial interest in the contractor, the subiect of the Contract Bonds (as defined belov\) andior this A-!-' nCnt. ilnd,or the undertakings Of the C011trL1CtOl-; \\/I IEREAS, to induce Surety to issue one or more bonds o11 behalf OE Conh•actor and in livor of Obligec (the "Bonds") in connection with the Project and to prutcct Surely Irom any loss or expense due to the issuancC Of the Bonds, Contractor and lll(ICillilitOl• e\CCLIted that certain Agreement of Indemnity dMed October 20"', 2009 (tile urcenlent of Illclemillty"), for the benefit Of Surety ; \VHL-ELAS, Contractor and Surety have cnRan,ed NAG'S. as the funds control a_ent. to act len their behall' to administer the Escro\\ Account (,IS delined herein): NO\\% TI-II--I:EFORE in consideration of the 1orCI7oing and Othcr good and Valuable consideration, the receipt and adequacy of which is hereby acl:no\vledyed. the p2n•tics agree as ti�llO\vs: I. Upon Surety issuin2, the Bonds for IIIc Project, the followin�� controls \vile be placed upon the collection and dlSbLll"5CIllCllt 01 Funds (as dCi�ined beio\v): (a) Promptly on its initial receipt ol• I'uncls from Oblh�,ee or Contractor. MACS shall establish a separate iccoLlilt (tile "1'-:s('r0\V ACCOIint) for the PrU.iect Lit Wells Fargo Bank National Association, 1221 Nicollet Mall. 1710 N. Douglas Dr. • Suite 109 • Golden Valley, Minnesoja 55422 • Phone (763) 546-1784 • Fax (763) 546-1822 Minneapolis, MN 55403 (the "Bank"). The Escrow Account will be used solely for the deposit of all such lands and any other funds delivered to the Bank 111 connection with the Project (the "FUnds") and the payment by NACS ole Contractor's obligations a1'ISillo OLIt Of the Project which, II' not paid, may become obligations of the Surety under the Bonds or as otherwise expressly provided herein or in the Addendum (as defined in Section 17). (b) Contractor shall instruct Obligee to send all payments due under the Contract directly t0 the Bank and that all SLICII payments Sllall be Ill the form of ACI -I's, checks or wire transfers payable to the Bank for deposit into the Escrow Account. Such instructions from Contractor to Obligee shall be irrevocable, subject only to change requested by Surety in writings. Such IllStl-LICtIOlIS shall be pursuant to the Exhibit I attached hereto. Obligee's written agreement to dCliwer the bunds to the Bank is 'Cl condition precedent to NACS' obligations under this Agreement. Not\wltllstandino ally provision Ill this A,,reement, NACS Shall have no liability or responsibility for Obligee's failure to deposit any Funds into the Escrow Account. (C) If Contractor or Indemnitor receive, directly or indirectly, any funds for the Project, Contractor and/or Indemnitor shall immediately deliver all Such fiends to the Bank for deposit into the Escrow Account. The failure of Contractor or Indemnitor to deliver Such funds to the Bank shall be grounds for the immediate termination ol7this Agreement and the deliver) to Surety of all Funds held in the Escrow Account. Additional expenses to Contractor may result if funds are not immediately delivered to the Bane: for deposit into the Escrow Account. (d) Prior t0 C011"lle11Celllent Of work on the Project and before ally FLIIICIS are disbursed frons the Escrow Account, Contractor will provide NACS for review, a sworn construction Statement and/or a job cost breakdown on a form provided by NACS identifying all 1<11o\v11 Subcontractors, Suppliers, persons or entities who will perform work or provide materials, labor or services on the Project, excluding all direct labor provided b) Contractor to whom payments shall be made (the "Vendors") and the anticipated tlllllll- Of SLICII payment(s). The s\\'01 -I1 COIIStl-LICl1on statement and Or a job COSI breakdown shall 111CIUde the a111OLlilt OI CaCII SUbcontract, I)LIICha;)c order or other commitment t0 each Venclor, Plus CopiCS to NACS of all I)Llrchase orders, SUbcontracts and pre -lien notices, 5110\ylllg Orlglllal C'011traCt all101.1I1tS, and also Lipdated notices or Contracts retlectillU CUrrenl Challge orders. The sworn C011StrLICt1011 statement and/or a job cost breakdown shall be promptly updated by the Contractor and provided to NACS for review as changes occur. NACS shall have no liability to Surety or any other party to this Agreement for 111151'e1)I'eSC Iltat1011S in, On11SSI011S fl'011l 01- IrilLldulent Changes to ally Sw01-17 COnSIRIC110n Slate'illCllt, lob cost breakdown, clra\\ request pay regLICSt or other doCLI111ent II1f0rillat ill Or statement provided Or made Or not made to NACS 111 Connection with the pertOrmance Of Its ClUtleS herein. {e} As Work on the Project progresses and obligations of the Contractor relating to the Project costs arise, Contractor Shall: ( I) provide NAGS upon each draw, a copy of C011traCtOl•'S dra\\ request to Obligee identifying the elate and allIOLIIltS Of HIC prior payments by Obli-ce to Contractor and provide NAGS folk executed vouchers, On such lorm as agreed to by the parties. certifyin`T that all SLICII Costs and aI11ClLII1tS are valid obligations ul Contractor relating to the Pr 'cc( and are properly IIICILICICCI wlthill the Project costs, and (2) authorize the direct payment of each draw to the Vendors entitled to receive payment for labor, materials, egLlll)lllcilt and services which contributed to the work relatimz to the Project. Each voucher shall: (i) Identify the Vendor to be paid; (ii) State the aIllOLlllt to be paid from the Escrow Account to each Vendor; (iii) Provide a detailed up to date breakdown by line item of total payments made by Contractor to each Vendor; (iv) Be accompanied by appropriate supporting documentation, IIICILIding but IIOt limited to invoices, statements, receipts. lien waivers. delivery and/or load tickets, along with properly executed and stoned draw request copies between the Contractor and Obligee Or any Other CIOCLI111eiltatioll reasonably requested by NACS. The Project description must be displayed on all invoices; and (v) A pay request to NACS, identifying the current COntl-act amount, Current approved payment, and any approved change orders, and (3) provide to NACS such Other CIOCLIments and inlormation relatin�� to the Project as NACS shall request. (i 1 Based upon NACS' review of the voucher requests fi-om the Contractor for payment to the Vendors: (I) NACS sllall Cletcrillllle If SLICII pay requcStS are properly included in the Project costs based upon the Sworn Coll StrLICtloll statement Or job cost breakdown provided by Contractor to NACS; and (II) that SLICII Costs relate to Work that has been completed and which has been approved by Obligee or its representative based upon written statements of the Obligee or its representative supplied to NACS. If NACS approves a voucher. NACS will, to the extent Funds are available in the Escrow Account. issue checks drawn on the Escro\\ Account payable to the Vendors in Such order as is provided by the Contractor and will forward such checks to Contractor for delivery or malling by Contractor to the respective Vendors. Contractor Shall receive and hold these Checks III ti-LISt for delivery to the Vendors. (u) If a default has occurred on the Project or a claim has been made against the Bonds, and NACS has been advised of such default or Claim, then NACS \will not issue any additional checks drawn against the Escrow Account \without the express \vrittcn consent of Surety. NACS shall provide written notifiCat.1011 to Surety immediately upon beC011lillg a\varc Of any Clallll, SLllt, SItUation Or CIrCLIIl1Stance, which COLIld. Ill NACS's reasonable opinion, Live rise t0 a Clallll 01- Stilt agalllSt the SLII-etv 01 Contractor arising out of the Project. Contractor and Surety Shall provide written notification to NIACS immediately upon becoming aware of ani claim, SUIt. SItUah011 01- CII-CLIlllstance wIIICII COLIld. 111 the Contractor's or Surety's opinion, give rise to a Clainl Or Suit against the Surety or Contractor arising out of the Project or any other project (past or present) with respect to which NACS is then acting or has acted as a funds control agent. Nothing herein shall be deemed to obligate NACS to take any Steps t0 investigate Or discover possible claims. NACS Shall have no Obligation to verify that all or any part of the Work has been Completed or materials Supplied beyond NACS's examination of written Statements or approvals of the Obligee or the Contractor or either of their respective representatives that are provided to NACS. (h) NACS agrees to promptly provide Surety written notification that there is, or, to NACS' knowledge, is about to be a shortfall or lack of Funds in the Escrow Account to satisfy or pay vouchers that have been received by NACS. Contractor and Indenmitor acknowledge and agree that, upon receipt of written notice frons Surety or NACS of either an expected or an actual shortfall or lack of Funds in the Escrow Account, COI1tractor aI1d/Or Indenlnitor(s) will immediately Cause to be deposited into Escro\\ Account ftlnds sufficient to make up any such Shortfall. Any failure or refusal by Contractor Or Indemnitor t0 make Such a deposit shall, upon written notice from NACS, i-eSLIIt ill the termination Of this A-reelllent and NACS shall, upon request of Surety, deliver to Surety any and all FLII1dS remaining Ill the Escrow Account. (I) NOtwitllStand111g anything herein t0 the C011trai-y, the COI1Stl-LICtion contract FLInds Or other money Or property that are regUil-CCI hel-eUllder t0 be deposited into the Escrow Agreement shall be delivered by the Obligee Or the Contractor to the Bank and not to NACS. �. Contractor and Indemnitor are jointly and Severally liable to pay NACS: (a) a lee (tile "Ser\ Ice Fee") egLlal t0 S�o 017 the 0I-Ig111al COntl-aCt ai110llllt, OI- filial C011traCt ,111101.1111. \Vhil'lle\ el IS gfeatel, pl'Ovlded that the Service Fee Shall 111 no event. be less than One Thousand Dollars ($1,000.00). Upon Contractor's execution of this Agreement. Contractor shall make an initial $250 deposit (the "Initial Deposit") into the Escro\\ ,Account. The Service Fee shall be due and pad able and Shall be paid out of the Escro\\ Account upon receipt of the first draw from the Obligee. The Service Fee shall increase based upon approved change orders and any increase of the Service Fee shall be paid to NACS out of the Escrow Account upon receipt of a draw request covering SUCII change order. At all times during the terns ol' this Agreement; Contractor shall maintain a balance Ill the Escrow Account of at least $250. I. Contractor and IIIdeninitor ackiio\\'Ied e that they are also responsible for all reasonable incidental Costs and exl)eI1SCS. illClUdino monthly bank online Charges and attorneys' Iees. costs and disbursements, charged by the Bank and NAGS In the preparation. administration and defense of this Agreement and 111 collnection with the Escrow Account. All Such fees, incidental costs and expenses will be itemized by NAGS anis billed to Contractor. If Sufficient Funds are in the Escrow Account, COI1traCtol- hereby authorizes NACS to pay these costs directly from the Escrow Account or to I-Cinlburse NAGS for such Costs frons the Escrow ACCOLInt. If there are not Sul'licient Funds in the Escrow Account, Contractor shall promptly pay these char`es to NACS. Should Contractor and/or Indemnitor breach this Agreement by lailinp to pay for Such CharUeS. Surety will. upon written notice, pay such amounts that are over ninety (90) days old. 'f. At the Completion and acceptance by the Oblipee of the Project; Contractor will provide Surety with Rich dOCUlllentation as Surety may reasonably demand t0 evidence the fact that all obligations Of Contractor arising from the Project have been satisfied and all liabilities Of Surety have been extl11gL11Shed. Contractor may then issue a written request to NACS and, upon Surety's written Consent, executed by a corporate officer or Attorney -In -Fact of the Surety, NACS shall issue a check on the Escrow Account payable to Contractor in an amount equal to all FLInds remaining in the Escrow Account. NACS shall prepare and issue to Contractor and Surety a inial aCCOLII1tIllg showing all costs and disbursements for the Project. Thereafter, NACS will instruct the Bank to close the Escrow Account. >. Upon written demand by Surety or, upon the occurrence of an Event Of Default 01- receipt rreceipt by NACS of a notice Of default, either voluntary or involuntary, by Contractor or Indemnitor, NACS play instruct the Bank to immediately deliver to Surety any and all FUndS then held In the Escrow Account Or which may thereafter come t0 be deposited 111 the Escrow Account. An Event of Default may include but is not limited to the breach by Contractor and/or Indemnitor of their obligations under any Of the f011owill": (a) their respective obligations under this Agreement, (b) the Bonds, (c) the Agreement Of Indemnity, (d) the Contract, or (e) any Other agreement between OI- anio11g Contractor, Indemnitor and Surety, or the filing by Contractor Or Indemnitor Of ally petition in Unitcd Slates Bankruptcy Court which IS IIOt CIISIl11SSCCI Widllil thirty (30) days. 6. Either the Surety or NACS may tcrimnate this Agreement on thirty (30) dais written notice. In addition, the Surety may upon written notice, terminate this Agreement il' (a) NACS fails to perform any material obligations hCl-Cllilder for any reason. or (b) NACS becomes a debtor in a bankruptcy Case which Case IS not dismissed wlthlll thirty (30) days after filing. Upon any SLICII termination, NACS shall have no further CILItIes, or obligations to Surety, Contractor Or Indemnitor under this Agreement; provided, however, NACS Shall, Subject to the other provisions Of this Agreement, remain liable to Surety. Contractor and/or Illdeninitor for Its breach of this Agreement, if any. OCCurrin�1 prior to the date Of SLICII tel-IllIIlat 1011. 7. In (lie event there is a remaining balance in the Escrow ACCOLint alld thele are no requests for final disbursements received by NACS for a period of six months. NAGS may declare the Escrow- Account to be dormant. NACS Shall be paicl a maintenance fee Of S50.00 per 111011th for maintaining and administering any dormant Escrow ACCOLInt which maintenance fee Shall be pald f-om the Escrows ACCOUIlt if there are SLIfflClellt ILlnds In the Escrow ACCOUIlt. OthelAVISe SLICII fee shall be paid directly by Contractor (o NACS. 8. If NACS, Surety and/or Contractor lime entered into Escrow Agreements for more than 011e project 101' which Contractor 1S performing. has performed or will perforin work.. NACS play not, without Surety's consent, utilize 1=LIIICIS in any Escrow Account applicable to a given project to pay Obligations On ally Other pro'ect Ior which an escrow account has been established. NACS, Contractor and Indeninitor expressly consent to this cross -application Of FLIIICIS between projects, where approved by Surety, and agree that Such cross -application will not prejudice any Of Surety's rights under this Agreement, the Agreement of Indemnity Or ally Other escrow agreement Or indemnity agreement. 9. Surety, Contractor and Indemnitor hereby waive and release NACS from all) claims, demands, losses, and liabilities which Surety, Contractor or Indemnitor may now or hereafter have against NACS arising Out of, Or in connection with this Agreement Or NACS' performance hereunder, including ally claims arising out of NACS' actions or inaction, except for gross negligence Or willful misconduct. NACS shall have no liability Por any action taken or omittcd in reliance upon any LllstrUment, including any written statement or affidavit provided for in this Agreement, that NACS shall believe to be iTenuine. NACS will not be liable or responsible Ior forgeries, fraud, impersonations, or determining the scope of any agent's authority. NACS is not responsible for determining or verifying the authority of any person acting Or purporting to act on behalf of any party t0 MIS Agreement. Contractor and Indelllllltor hereby knowingly and intentionally walVC an_y Such present and/or future claims. 10. In no event shall NACS have any liability to Surety, Contractor Or Indemnitor For any claims or losses in connection with (i) any performance bonds issued by Surely regardless of the cause 01. the loss, Or (ii) any payment bonds issued by the Surety, unless arisin`7 Out OI' the gross negligence Or willful I111SCOIICILICt of NACS, its employees or a��ents. 11. The parties agree that in no event shall any liability of NACS to any other party Arising under Or relating to this Agreement exceed the amount of fees paid by Contractor under Section ? hereof. 12. Notwlthstandino anything contained in this Agreement t0 the contrary, Contractor and Illclemnitor Shall .Jointly and Severally clef"end, Indemnify and hold harmless NACS and the Surety 1r0111 ally and all claims, demands, losses, liabilities and costs (IIICILICI1112 attorneys' Iees and COLirt Costs) Sustained by any Of thein in connection with this Aorcement or the Project. 13. If required by Surety, C011tl'aC(OI" shall procure and maintain commercial general liability insurance; builder's risk insurance, errors alld OIIIISS1011S InSLirance and employee theft Ior the benefit of NACS and Surety from a carrier with a policy and coverage f, reasonably acceptable to NACS and Surety with limits as required by Surety. Such commercial general liability insurance policy Shall name NACS and Surety as additional insureds and provide at least 30 clays advance \vritten notice to NACS and Surety before Cancellation, termination or non -renewal. Such builder's risk insurance, errors and onlissions insurance and employee theft policies shall name NACS and Surety as loss payees and provide at least 30 days advance written notice to NACS and Surety before cancellation, termination or non -renewal. Contractor shall provide evidence of said inSuranCC policies to NACS and Surety prior to the clisbursenlent of the first draw request and. at the request of NACS and Surety, prior to any draw request thereafter. 14. All notices, requests, demands and other Conllllunications hereunder shall be in writing and shall be deemed to have been given: (1) upon receipt, 117 personally delivered or sent by overnight delivery service, (ii) two (2) business clays after dispatch if mailed lust class, registered or certified, postage prepaid, or (iii) the next business day alter transmission. if transmitted by facsimile provided that the sending party receives a transmission report generated by the machine From which the facsimile was sent shop\ inu, the addressee's I'ICS IIll Ile I1Umber and that the transmission was completed. Notices Shall be addressed to the respective party at the following addresses 01- to SLICII otllCr addl-CSs as any party may advise the other party in writing: If to NACS: North American Const-uction Services, Inc. 1710 North Douglas Drive, Suite 109 Golden Valley, Minnesota 55422 Attn: Michael Williams Facsimile: (763) 546-1822 If to Contractor: Talon LPE 921 N. Bivins Amarillo, TX 79107 Attn: William David Prescott 11 Facsimile: 806-467-0622 Ifto Inclenulitor: Talon LPE 921 N. Bivins Amarillo, TX 79107 Attn: William David Prescott 11 Facsimile: 806-467-0622 Ifto Surety: UlliCO Casualty Company 1625 Eye Street, N.V. Washington, D.C. 20006 Facsimile: 763-543-6993 I5. This Agreement shall be governed and Const-ued in accordance with the laws of the state of Minnesota and the parties agree that any litigation arising out of this A`-rcenlent shall be vCnuCcl in Hennepin County. Minnesota District Court and the parties consent to the exclusive jurisdiction of said court. Contractor and Indemnitor are jointly andeverally liable Ior all attorneys lees, court costs and witness fees incurred by NACS in connection \vith the preparation, negotiation, enforcement, collection and/or litigation al-ISIM) OUt of this A-reemelnt. 7 I 6. This Agreement shall not be amended or modified except by a writing signed by all parties hereto. This Agreement, the II1SIRICtlon to Obligee, in the form attached hereto as Exhibit I. the Addendum to Escrow Agreement among the parties hereto of even date herewith (the "Addendum") and the A-reement of Indemnity contain the entire a�-ireenlent among the parties relating to matters referred to herein. 1n the event of ani conflict or inconsistency between the Addendum affil this Agreement, the terms of' the Addendum shall control. All prior agreements, discussions, statements, understandings and representatIoils whether written or oral, are nler�led herein and superseded by this Agreement. If any provision in this Agreement shall be deemed void or unenforceable, this A�.zreenlcnt Sllall not be Fold or vitiated thereby, but shall be construed and enforced with the sante effect as though such provision or provisions were omitted. 17. NAGS, Contractor and Indemnitor shall execute Such other clocunlents as Surety may reasonably require, provided that if there is any conflict between the terms of this Agreement and such other documents, the terms of this Areenlent shall govern. 18. Contractor and Indemnitor acknowledge and agree that the execution of this Escrow Agreement does not in any way replace, amend, release, waive or otherwise affect Surety's, Contractor's or Indemilltor's rights or obligations under the Agreement of Indemnity. 19. Each party to this Agreement shall be and hereby is deemed an "independent contractor" and they shall not be deemed all employee of any other party to this A�cireenlent. The parties acknowledge that as independent contractors, none of them are covered by worker's compensation, unemployment compensation, social security. insurance or other programs or benefits provided by any of the other parties to their respective employees. Nothing in this Agreement shall be construed as creating a relationship of employer and employee, franchisor and fi-anchisee or joint venturers bete een the parties. No party shall have nor exercise any control or direction over the methods by which any other party performs Services under this Agreement or the tinges that such party performs services under this Agreement. ?U. No waiver, modification or anlendnlent of any terns, condition or provision of this Agreement shall be valid or of any effect unless made in writing, signed by the party to be bound or its duly authorized representative and specifying with particularity the nature and extent of such waiver, modification or anlendnlent. Any waiver by any party of any default of any other party shall not affect, or impair any right arising from, and subsequent default or the default of any other party. Nothing herein shall limit the rights and remedies of' the parties hereto Under and pursuant to this Agreement, except as hereinbel'ore set lorth. 1. This Aureement shall be construed as a whole, according to its fair meaning, and not in 111\01- of o- against any party. By way of example and not by way of limitation. this Agreement Shall not be construed against the party responsible for any language in this Agreement. The headings of the paragraphs hereof are inserted for conveilleilce only. and they do not constitute part of and shall not be used to interpret this Agreement. This Agreement may be executed in any number Of counterparts, each of which, when executed and delivered, shall be an orkiinal, but such counterparts Shall together constitute one and the same agreement. ?2. No party to this Agreement nlay assign its rights or obligations hereunder \vithout the prior \vritten consent of the other parties, except that the consent of Contractor and Indemnitor shall not be required in connection with an assi-nment by NACS 01- Surety. 23. This A4�rcement is solely for the benefit the parties hereto and does not confer any rights to any other person or business entity as a third party beneficiary or otherwise. 24. Each of the parties hereto ackno\vledUcs that such party has read and understands this Agreement and each Exhibit -ind the AddendU111 Ilei -e10, has had full opportunity to discuss this Agreement With counsel 01 1115, 1101. 01- Its 0\\'11 ch00sing and has voluntarily and knowinuk entered into this Agreement. IN WITNESS WHEREOF, the parties have eXecuted this Escro\\ Agreement as ol'thc date lust above \vritten. CONTI 'TOR: Talon LP William David Prescott II, Managing Member of NN'D Prescott Management, LLC, its General Partner SURETY: Ullico Casualty Company By Its NORTH AMERICAN CONSTRUCTION SERVICES, INC. By Its anne Prescott, Individually INDENINIT� Talon LPr / N\'illiam David Prescott 11, Managing Member of NVD Prescott Management, LLC, its General Partner !�'D Pr sco Management, LLC William David Prescott II, ]Managing ]Member INDEM ITO INDIVIDUALLY: Will'am David Prescott 11, IndividualIN Kellie-escott, Individt WilJ,4 m David PrescoM Individually Terre I 'an y idually rescott, Individually Resolution No. 2010—R0069 EXHIBIT I Instructions to Owner #2223386158 Date: 2/15/10 Owner: City of Lubbock Project• Tz04-061908-TAL, National Joint Powers Alliance (NJPA), Indefinite Quantity Construction Contract, Parks Backfloii Assembly Conversion (Install RP7) Contractor: Talon LPE Surety: Ullico Casualty Company To: City of Lubbock The undersigned Contractor hereby irrevocably requests and directs that all pad -meats duL2 or to become clue on account of the above referenced Project between Obligee and the undersigned be issued in the form of ACH's, Wire Transfers, or Checks as follows: ACH's are payable as follows: ACH to: Wells Fargo Bank, National Association Bank Routine Number: 091000019 Account Name: Talon LPE, Escrow Account # 2223386158 Account Number: 2223386158 Wire Transfers are payable as follows: Wire to: Wells Fargo Bank, National Association, San Francisco, CA Bank Routine Number: 121000248 Account Name: Talon LPE, Escrow Account # 2223386158 Account Number: 2223386158 Checks are to be made payable to: "Talon LPE, Escrow Account # 2223386158" and sent to the following acich-ess: North American Construction Services, Inc. 1710 Douglas Drive N. Suite 109 Golden Valley; MN 55422 Ullico Casualty Company, as surety on Performance and Labor and for Matenal Payment Bonds (the "Boncls") issued in connection with the aforesaid Project has required the establishment of an Escrow Agreement with Wells Fano Bank; National Association (tile "Bank") anti Talon LPE These instructions, which are coupled with an interest, may not be modified, changed or rescindecl without the written authorization and consent of an ofliccr or Attorney -In -I -act in ol- the Surety. Unintentional failure of Owner to deliver Funds to the Bank uncles the 1.5cro\\ Agreement will not be Qrounds for voiclin- or otherwise reducinU the Surely obllL,ations to the Obli'ee uncles the Bonds unle.�5 the SUI-el) Can clemonsU-ate actual prejudice and then only to the extent of the anwunt of the Funds not delivered to the Bank. Sincerer, Talon L13E _7:�L NVitliam Daviel Prescott 11, Managing 1lembei- of «'D Prescott Management, LLC, its General Partner ACCEPTIYD AND AGREED BY OWNFR: City of Lubbock Name: TOM MARTIN Title: Mayor Date: March 12, 2010 Telephone: 806.775.2665 E -Mail Address: Uuensche@mylubbock.us ATTEST: Becky Garza, City SeAr�-tary HIGH IMPORTANCE (FOR OBLIGEE USE ONLY) The expected date of first payment on the above referenced project is ***NACS understands that an actual date may not be realistic, but please include a date range if possible (2 weeks, 15-30 days, etc.). Verilied Date (This line i'or use b'v NACS onh?) Time I3y/initiak DATED February 11-55"',2010 AMONG Talon LPI: ("Contractor"), Talon LPE and MVD Prescott Management, LLC and William David Prescott II and Kellie Prescott and \Villiam David Prescott and Teresa Prescott and Terry NVayne Prescott and .Jeanne Prescott and Richard Alan Prescott ("Indemnitor"), NORTH AMERICAN CONSTRUCTION SERVICES, INC. ("NACS"), and Ullieo Casualty Company ("Surety"). THIS ADDENDUM TO ESCROW AGREEMENT ("Addendum") is made and entered into this 1511i day of February, 2010, by and between Contractor, Indemnitor. NACS and Surety. WHEREAS, the parties executed an Escrow Agreement dated of even date herc\.vith (the "Escrow Agreement"); WHEREAS, the parties desire to amend the Escrow Agreement and pursuant to the terllis contained in this Addendum; and NOW. THEREFORE, in consideration of the premises and the promises contained herein and in the Escrow Agreement, the parties agree as follows: I. The Escrow Agreement is incorporated herein by reference and made a pall hereof and, if not otherwise indicated herein, the terms contained in this Addendum that are defined in the Escrow Agreement have the meaning ascribed to such terms as in the Escrow Agreement. 2. If there is a conflict or inconsistency between the terms of this Addendum and the terns of the Escrow Agreement, the terms of this Addendum shall control. 3. In addition to the Initial Dcposit required under Section 2 of the Escro\\ Agreement, Contractor shall, upon COMMCIOCS cxccution of the Escrow Agreement, make a payment to Wells Fargo Bank National Association (the "Bank") in the amount ol' Zero Dollars and 00/100's ($0.00) which will be held from the first payment and deposited in the Escrow Account, and allocated as follows: (a) Zero Dollars and 00/100's ($0.00) will be retained in the Escrow Account at all tinges, subject only to reduction upon 11111 and final completion of the Work and acceptance thereof by Obligee or \\ ith the express written consent of the Surety. (b) Zero Dollars and 00/100's ($0.00) will be available to pay the costs and expenses of the Project identified in Paragraphs 5 and 6 below. 4. All funds payable by Obligee to Contractor shall be deposited from each draw in the Escrow Account in accordance with the Escrow Agreement, and allocated as follows: (a) Zero percent (00/o) of each draw will be retained in the Escrow ACCollnl at all tinges, subject only to reduction upon 11111 and final completion of the 11) Work and acceptance thereof by Obligee or with the express written consent of the Surety. (b) One Flun(Ired percent (100'1,) of each draw will be available to pa) the costs and expenses of the Project identified in Paragraphs 5. 6, and 7 below. 5. NACS shall, subject to the other provisions of this Addendum and the Escrow Agreement. issue checks from time to time on the Escrow Account payable to Vendors in such order as requested by Contractor to pay amounts owed by contractor to Vendors and to reimburse the Contractor for amounts previously paid in advance by Contractor to such Vendors subject to NACS's receipt and review of proper doCllmCntatl0n of such adrance payment, including, but not limited to, cancelled checks and lien waivers, specifically related to the Project referred to in the Escrow Agreement. 6. To the extent Funds remaining in the Escrow Account permit atter payment ol'the amounts referred to in Paragraph 5, NACS will, subject to the other provisions of this Addendum and the Escrow Agreement, issue checks from time to time drawn against the Escrow Account payable to Contractor to reimburse Contractor for amounts expended for its own direct labor, excluding any supervisory labor, plus a reasonable burden percenta-e of said direct labor of the percent allocated to the Project to coy cr payroll taxes and insurance on aforementioned direct labor. 7. To the extent Funds remaining in the Escrow Account permit after payment of the amounts referred to in Paragraphs 5 and 6, NACS will, subject to the other provisions of this Addendum and the Escrow Agreement, issue checks from time to time drawn on the Escrow Account payable to Contractor in the amount of the unpaid portion of the original estimated profit, overhead, supervisory, miscellaneous costs, materials out of inventory, and equipment expenses for the Project earned to the date of the pay request on the overall portion of the Work that has been completed as reflected in Contractor's most recent sworn construction statement or job cost breakdown and calculated by the percentage of completion method. S. Except to the extent modified in this Addendum; the provisions of the Escrow A-reement shall remain in full force and effect as written. 9. The provisions of this Addendum shall be binding upon and inure to the benefit ol- Ihe parties hereto and their respective successors and assigns. Remaimler ol'P(we haentionalh• Blunk I; IN WITNESS WHEREOF, the parties Ila\re erecutecl this Addendum as ol' the elate and year lust above written. CONTRACTOR: Talon LPE ��'illiam David Prescott 11, Managing Member of WD Prescott Management, LLC, its General Partner SURETY: Ullico Casualt.• Company By Its NORTII AMERICAN CONSTRUCTION SFRVICES, INC. By_ Its INDEMNITO Taloii LPr William DnN id Presl�F11, )Managing Nlember of M'D Prescott Management. LLC, its General Partner NN'D Pre. ott Mai Bement, LLC William DaNid Prescott 11, Managing Member INDE NITO INDIVIDUALLY: Will'am David Prescott ll, Individually Kelp rescott, Individually am David Prescot Individually sa Prescott�-i`tTt?i�idually Teri y Yayea Presto t,IndividuaII Oeann�Xrescott, Individt"11Y Richard Alan Prescott, Individilally CONDITIONS SET BY THE SURETY SURETY SETS PARAMETERS FOR THE AGRE MENT AND ADDENDUM SigWOUIC Page to Ackbidum 14