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Resolution - 2005-R0428 - Contract - Wallace Sprinkler Inc.- LPSIA MLK Blvd Irrigation Project - 09_08_2005 (2)
Resolution No. 2005-RO428 September 8, 2005 Item 32 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, a Contract for the Lubbock Preston Smith International Airport MLK Blvd irrigation project, by and between the City of Lubbock and Wallace Sprinkler, 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 8th day of September , 2005. Zo -"�/ C WDWGAL, MAYOR ATTEST: Re cca Garza, City Secretary APPROVED AS TO CONTENT: 1 David Jones, Special trojects Coordinator APPROVED AS TO FORM: Linda L. Chamales Senior Attorney/Office Practice gs/cdocs/Contract-Lubbock Preston Airport irrigation Ixnp.res Sept. 8, 2005 CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MILK BLVD IRRIGATION IMPROVEMENT PROJECT ITB #05-089-13M Plans & Specifications may be obtained, at the bidder's expense, from THE REPRODUCTION COMPANY htt-p://i)r.tliere,oroductioncom-pany.com/ Phone: (806) 763-7770 "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT ADDRESS: LUBBOCK, TEXAS PROJECT NUMBER: 9177.8304.10000 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT 1. 2. 3. 3 4. 5 6. 7. f 8. 9. 10 -y 3 INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS r, NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #05-089-BM Sealed bids addressed to Victor Kilman, Purchasing & Contract Manager, City of Lubbock, Texas, will be M1 received in the office of the Purchasing & Contract Manager, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 4th day of August, 2005, 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: "LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing & Contract 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 & Contract Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clock p.m. on the 4th day of August, 2005, and the City of Lubbock City Council will consider the bids on the 25th day of August, 2005, 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 B 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. �... 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 ._ thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 19th day of July, 2005 at 10:00 o'clock a.m., in LUBBOCK PRESTON SMITH INTERNATIONAL t . AIRPORT AMBASSADOR ROOM, 5401 N. MLK BLVD., Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE BIDDER'S EXPENSE, FROM THE REPRODUCTION COMPANY, hgp://pr.thereproductioncompM.com/, Phone: (806) 763-7770. 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 & Contract 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, 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 a 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 VICTOR KILMAN PURCHASING & CONTRACT MANAGER GENERAL INSTRUCTIONS TO BIDDERS t 3 GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, the 4th day of August, 2005 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 #05-089-BM, LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT" 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: Victor Kilman, Purchasing & Contract Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing & Contract Management Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 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. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda 3 as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandatoa pre -bid meeting will be held at 10:00 a.m., July 19th, 2005 in LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT AMBASSADOR ROOM 5401 N. MLK BLVD., 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 3 City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. t , 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdgpot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any 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 & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Department will be available over the Internet at h ://www.RFPde ot.com and will a r r __, become part of the proposal package having the same binding effect as provisions of the original ITB. 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 & Contract Management Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB 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. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 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. 4.2 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. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing & Contract Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing & Contract 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 & Contract 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. 5 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. 6 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 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. ' 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open K. 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. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 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. 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. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. M 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. 11 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. 12 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 & Contract Manager if anlanguage, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this 1TB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: 13 14 15 16 BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13'b Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mylubbock.us RFPDepot: hM2://vcv�,mr.RFPdgpot.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED Tik'ENTY (120) 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 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. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within 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 i failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will 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. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the 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. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of -, acceptance of the project. f 23 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 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. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 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. 24 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. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SMALL 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 A PRIMARY 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 j BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. Co 26 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 Representative 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. 27 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 py 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 au 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. 28 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 _s bidder without being considered. 29 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 30 31 i 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) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) 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 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: 8 11 r: f. (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. (e) The safety record of the Contractor and proposed Sub -Contractors 32 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 plus the sum of any Alternate Bids the City may select. 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 violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder'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. I BED SUBMITTAL 0 ITB #05-089-BM, Addendum #1 *** REVISED *** BID SUBMITTAL LUMP SUM BID — Base Bid UNIT PRICE — Option # 1 DATE: zo PROJECT NUMBER: #05-089-BM - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT' , Bid of AAZ (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 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT 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. BASE BID: Installation of two irrigation systems along the east and west roadsides of Martin Luther King (Lump Sum) Boulevard north from Regis Drive toward the airport terminal. Water meter and backflow prevention devices are currently installed and available for connection, and the new irrigation systems will include all irrigation main lines, boring, trenching, quick couplers,. electronic and manual irrigation valves, control wiring, lateral lines, irrigation spray heads and controllers as shown on the Plans. The City of Lubbock will supply the controllers for the contractor to install and the City of Lubbock will supply to the Contractor all irrigation components described on plan sheet L-101 and verified by the Bidder pursuant to the attached affidavit. Said irrigation components shall be warranted in accordance with Section 02810 (3.8) of the specifications. e74 MATERIALS:4 /�� V . Z�C��• SERVICES: Y 1-vt 4 tic Q Q i t .4 t, t',�-�� 4� S cc 0 BASE BID: TOTAL (�t,'� i'.G �^� I Dtc�civ Lyw Z$ C)!ZM(D (Amount shrill be shown in both words and numerals. In case of discrepancy, the amount shown in wo ds shall govern.) �V Bidder's Initials r M#05-089-BMAdi 2 ITB #05-089-BM, Addendum #1 OPTION #1 Provide all materials, labor, tools, equipment and incidentals for the removal, repair and (Unit Price) installation of specific irrigation system components on the existing systems around Lubbock Preston Smith International Airport. The approximate size and location of the items included in the Work for Bid Option One are shown on the Plans but must be verified on site by the contractor. Historic plans of the irrigation systems will be available for the contractor to review but cannot be verified for accuracy. The removal, repair and installation Work will include irrigation main lines, boring, trenching, electronic irrigation valves, control wiring, lateral lines, irrigation spray heads and controllers as shown on the Plans. Pricing for Bid Option One includes unit prices to allow the City of Lubbock to select a final quantity of units, but the Bid Option will be evaluated for award based on the extended price of the overall total of all the unit prices and units included. Estimated Item Quantity No. & Unit Description of Item Total Amount l l.a. 2 EA Installation of Rainmaster Evolution DX 42 Sta. Controller and stainless steel pedestal, both to be provided by the Owner. Installation will include providing and connecting electrical supply to the controller. MATERIALS: /EA( JG�`'- ) LABOR:�L�l.r�l� $12e�* /EA( i TOTAL OPTION La.: t-euj $ /EA(r1-� (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) l.b. 1 EA Provide and install a 3" Data Industrial Flow Sensor with all wiring, trenching and connections to the specified controllers. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: �/U� ���JL� ,.4y'L'�n�L,-/'.G2iP $ /EA(,%S ) LABOR: P /EA( Z�yc7, ) TOTAL OPTION Lb.: I'Alf" (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, th4mount shown in words shall govem.) Bidder's Initials r 17M#05-089-13MAd1 ITB #05-089-BM, Addendum #1 Estimated Item Quantity No. & Unit Description of Item Total Amount I.C. 7 EA Provide and install a 2.5" electronic irrigation valve in place of an existing electronic irrigation valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. —, MATERIALS: 350 LABOR: I ��Q� �.L�w-.rG1rzC7 car ./�+ _ $ J lEA( ) TOTAL � �fs OPTION 1.c.: �Ls L$iL e' �'MG 7-A( -7 s Sc7 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrcpanclrthiamount shown in words shall govem.) l.d. 11 EA Provide and install a 2" electronic irrigation valve in place of an existing electronic irrigation valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box oer each. $, /EA( 33 TOTAL OPTION l.d.: 'Y ,� 1� �'�' �,v+-�' ?llC�-� $ (C �' �D•lEA( � � Z'c'i; r ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Le. 28 EA Provide and install a l .5" electronic irrigation valve in place of an existing electronic irrigation valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: EA( LABOR: �,,��t�l� G'v+1 $ ��.�/EA( Y a • ) n TOTAL — jj�� / a / OPTION l.e.:�{ rr�At- iic,.�l ���i�o �+.o�b�( $ ka /ai>. !A( b�lo(�• ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials rr'B#05-089-BMAd l 4 FM #05-089-BM, Addendum #1 Estimated Item Quantity No. & Unit Description of Item Total Amount 11 4 EA Provide and install a 1" electronic irrigation valve in place of an existing electronic irrigation valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: sv loci rG � $ .'/EA( OPTION 11: 1� �Gi� $ ,•� �► zz S ;;Z OVD,) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 1.g. 1 EA Provide and install a 3" master electronic irrigation valve in place of an existing 3" gate valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: C 4� Ct' $ f 6-U /EA( LABOR: 1 bob °�'E'"C�1�i �.1L1 $� /EA(�5. OPTION l.g.: G L4,?43-2,F/EA 2 OPTION l.g.: (Unit Price Amounts shall be shown in both words and numerals. In case of disc .c-y, amount shown in words shall govern.) 1.h. 410 EA Provide and install a Rain Bird 1806 6" Pop-up Irrigation Head in place of an existing Pop-up irrigation head. Installation cost shall include the removal and disposal of the Pop-up head to be replaced. Installation shall be complete in place with fittings and swing joints per each. MATERIALS: I b c v TOTAL 0``� / / __ // / OPTION l.h.: �� /,.�GG£trc�G,.� �1 FO-e^ 4- "�� ` f / L%Q� ( 1146 el&V.�) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 11 1 EA Provide and install a 2" master electronic irrigation valve. Installation shall be complete in place r� with fittings, connections and valve box perrJeacch.. MATERIALS: �✓1[L� o(, Iy-�.t �f2ia $ .��� /EA( S 0 /F:A(`� S L� TOTAL / OPTION 11: -i'VVl Lh. $ % /EA( )Z' �� ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) l Bidder's Initials 171713#05-089-13MAdl 5 ITB #05-089-BM. Addendum #1 Estimated Item Quantity No. & Unit Description of Item Total Amount w. 1 j. 1 EA Remove and Relocate Hunter ICC Controller. Relocation shall include providing electrical service and connection as well as placing the controller in an outdoor -rated, j stainless steel, pedestal enclosure. Installation shall be complete in place with fittings, connections and valve box per each. MA LABOR: 41&V /EA( / ) ' /10_9 /EA( TOTAL Va -OPTION I j.: I1r2 $ s M /EA( (Unit Price ArnounV shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) l.k. 10 EA Provide and Install a 12" valve box. MATERIALS: V— $ I /EA( / ••)'O LABOR: $ 3 /EA( TOTAL OPTION 1.k.: � /`� � C�'Z[,�1 $ �9 /EA( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) --, 1.1. 50,000 LF Provide and Install electronic irrigation valve control wire complete and in place including all trenching and backfilling. MATERIALS: C' �o $ �' /LF ( J"O • ` ) 1 L� .._, LABOR: �3vt��-7 $ 1,7_D /LF( 2' _ TOTAL $ � S � OPTION 1.1.: /LF( �_ ) (Unit Price Amounts shall be.beA.4 both words and numerals. In case of discrepancy, the amount shown in words shall govern.) I.M. 550 LF Provide boring with a 3" schedule 40 PVC sleeve located in bore. MATERIALS:�Jc? � 1- /�� �� $ /LF � 7 LABOR: Gvt-t $ % �, L� /LF(2-� L TOTAL >l, OPTION 1.m.: $ / -� /LF( !, 1/ , ) (Unit Price Amoua shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials rM#05-089-BMAd l 6 ITB #05-089-13M, Addendum #1 TOTAL OPTION #1: l.a. — l.m.: _l^ TOTAL _ ;I�V�$ /��� `�% �� O zJ ) OPTION #1: l.a-1.m.: ti � eu-'1 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 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 substantially complete the project within 120 (ONE HUNDRED TWENTY) 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 $100 (ONE HUNDRED) 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. s 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. 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 ten (10) days after notice of -x award of the contract to him. Enclosed with this bid Is a Cashier's Check or Certified Check for Dollars (S or a Bid Bond in the sum of (S _ , which it is agree- shall be collected and retained by the Owner as liquidated es in a event the bid is accepted by the Owner and the undersigned fails to execute the necessa contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. L' " Bidder's Initials n'B#05-089-BMAdl 7 ITB #05-089-BM, Addendum # 1 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 Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. l Date 2 Addenda No. Date G Addenda No. Date Addenda No. Date Date: C)j z—) Authorized A ignature C state(; Fax: <Z06i,-7 q M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Sped - I1B#OS-089-BMAdl 8 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 ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor Signature) --<CONTRACTOR'S FIRM NAME: CONTRACTOR'S FIRM ADDRESS: Name of Agent/Broker: /' , � /iC ' 11� I've) tK C e Contractor (Print) ' Ld, llcee' (Print or Type) T ` Address of Agent/Broker: "/ ' 0 �?L— City/State/Zip: ; _�t,�f�''G}'Q Agent/Broker Telephone Number: Date: 3 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 ontract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing & Contract Manager for the City of Lubbock at (806) 775-2165. ' ED #05-089-BM - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION MPROVEMENT PROJECT s CITY OF LUBBOCK AFFIDAVIT A. Bidder has visited and inspected the entire site of the project and is familiar with the site conditions including the partially -constructed irrigation system on the east side of Martin Luther King Boulevard. Bidder accepts the site i as is and has notified the Owner of any concerns or observations that may affect either the execution or cost of work or bid prior to bidding the process. Yes No B. Bidder is fully aware of the materials previously purchased by the City of Lubbock that are available for their use as owner -provided materials in constructing the irrigation systems. Furthermore, the bidder has verified both the quantity and quality of the materials and accepts them as is. t " Yes No C. Bidder is utilizing the existing materials and an itemized list of the owner -supplied materials used is attached. k Yes No D. Bidder will warranty any and all parts, components and labor for any piece or portion of the existing, partially - constructed system or owner -supplied materials that they will be utilizing in their bid and construction of the irrigation system r ✓ + Yes No COMPANY NAME: Signature of Company Off ci 11-Ge . --- - Date Signed: /i 1~J ~ Printed name of company official signing above: 1 C Q 4 Jc1 41 .�J Subscribed and sworn to before me this _,2�day of /1, 2005 oil r qLf A:�) Notary Pub is in and for the State LON�+A`i'�C®�Kof Texas residing at Notary Public, State of TexasOVA _YJ r(i NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 12 CITY OF LUBBOCK AFFIDAVIT A. Bidder has visited and inspected the entire site of the project and is familiar with the site conditions including the partially -constructed irrigation system on the east side of Martin Luther King Boulevard. Bidder accepts the site i as is and has notified the Owner of any concerns or observations that may affect either the execution or cost of work or bid prior to bidding the process. Yes No B. Bidder is fully aware of the materials previously purchased by the City of Lubbock that are available for their use as owner -provided materials in constructing the irrigation systems. Furthermore, the bidder has verified both the quantity and quality of the materials and accepts them as is. t " Yes No C. Bidder is utilizing the existing materials and an itemized list of the owner -supplied materials used is attached. k Yes No D. Bidder will warranty any and all parts, components and labor for any piece or portion of the existing, partially - constructed system or owner -supplied materials that they will be utilizing in their bid and construction of the irrigation system r ✓ + Yes No COMPANY NAME: Signature of Company Off ci 11-Ge . --- - Date Signed: /i 1~J ~ Printed name of company official signing above: 1 C Q 4 Jc1 41 .�J Subscribed and sworn to before me this _,2�day of /1, 2005 oil r qLf A:�) Notary Pub is in and for the State LON�+A`i'�C®�Kof Texas residing at Notary Public, State of TexasOVA _YJ 12 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: ._3 The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental _J Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), c agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the - bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) 1 questions and submit them with their bids: J QUESTION ONE Has the bidder, or the fr n, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO l/ If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. 10 .-QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, ---�suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and -penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, ;orporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO -% If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid ubmission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty 'ssessed. ACKNOWLEDGEMENT 'HE STATE OF TEXAS 7OUNTY OF LUBBOCK I'certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my otatements and answers to questions. I am aware that the information given by me in this questionnaire will be ivestigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. __a 1 ��"�ignature � 2-2u G' Title s SUSPENSION AND DEBARMENT CERTIFICATION --1 Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. `Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. _ = COMPANY Signature of Company Official: Date Signed: V 1 3 1 V S r Printed name of company official signing above: (k'c- 13 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Wallace Sprinklers, Inc. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Arizona as Surety, are held and f irmly bound unto City of Lubbock, Texas (hereinafter called the Obligee) in the just and full sum of Five Percent of Greatest Amount Bid----------------------------------------------------------------- Dollars ($------- (5%)------------- ) lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the Lubbock Preston Smith International Airport MLK Blvd Irrigation Improvement Project in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 4th day of August 20 05 , WallaceSprinklers, Inc. B WASHINgON INTERNATIONAL Bye—� BDB 600201 KevinJ.Dunp In Fact NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: Kevin J. Dunn, Cara D. Hancock and Harold D. Binggeli jointly or severally Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �u111111rrp S,ounn. not Tcr� �t BY t $ SEAL 61 Pool D. Amstutz, President & Chkr Exeeutive Olncr orwashingtein Intarostioaal Jamrnc Company & � ' RAT j 1073 Vim President or North Americo specialty 1wasaace Compsay � agy A. ry Irp"N'► .�`` ///td11H11NNt BY �thn�r* urN� Steven P. Anderson, Executive Vke Presidoat or Washington international Iwnnnce Company & Vke President or North Amerimn Specialty Imorsaee Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their - , official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 18 day of February 2005 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss' On this 18 day of February 20 O5 , before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. - tnrPlotKtlfK Q - ��"�� r11r1au trAra Yasmin A. Patel, Notary Public woarrw■eswa a►a►ee I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4 th day of August 2005 i Jerum A. Carpenter, Vke Pesident & Assistant Secretary of Washington Internatio-1 Insurance Company & Assistant Secrehry of North American Specialty Insurance Compsoy ;"7 I I PAYMENT BOND 1 Bond No. S-903 5002 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Wallace Sprinkler, Inc. (hereinafter called the Principal(s), as Principal(s), and. Washington International Insurance (hereinafter, called the Surety(Pv , as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the o hundred ninety six nd 890.5t� lawful money of the Obligee), in the amount of iAbt huxrd-red hh-non - & �0 y ----Dollars ($ 296, United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 8 t h day of September ,20 05 ,to Lubbock Preston Smith International Airport MLK Blvd Irrigation Improvement Project and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay I all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; j PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 20th day of September 2005 . j Washington International Insurance Company Surety W i *By: Car altHancock, Attorney -In -Fact 711 f Wallace Sprinkler, Inc. (Company Name) By: C3J (Printe Name) ignature) (Ti le) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J . Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Washington International Insurance Surety ompa y * By: (Title) Cara D. Hancock, Attorney -In - Approved as to form: Fact City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, - Illinois, each does hereby make, constitute and appoint: Kevin J. Dunn, Cara D. Hancock and Harold D. Binggeli jointly or severally Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by J law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." J ro YT 'G S%y __ By _ ITU. Steven P. Anderson,President & Chief Executive officer of Was iz CORPORAIE + hinetoa International Insurance Company & SEAL L s 1v 1973 �j $ Vice President of North American Specialty Insurance Company eD SEA $ By David hr. Layman, Vice President of onon International Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their J official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 9th day of August 2005 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 9th day of August 2005. before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "L 1 FICIA�L' G �� SUSAN r+NSEL Rairy Nor, S1>iAeolill163 Susan Ansel, Notary Public t� Colrlfilissioli 6g1if9S 776J2(M)B I, James A. Carpenter , the duly elected Assistantt ecretary of North American Specialty Insurance'Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this20tWay of September,20 05 . James A. Carpenter, Vice President & Assistant Secretary of Washington international Insurance Company & North American Specialty Insurance Company I PERFORMANCE BOND I STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Wallace Sprinkler, Inc. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Washington International Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the cap }, dredddinetr9�nd_-Dollars ($296, 890.50) lawful money of the Obli_gee), in the amount of ei h£iun re n, n United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, { executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 8th day of September ,20 0$to Lubbock Preston Smith International Airport MLK Blvd Irrigation Improvement Project and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the I Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 20th day of September 32005 . Washington Internationift Insurance Company Surety VJ (* By: (itle) rV -, Cara D. Hancock, Attorney -In -Fact Wallace Sprinkler, Inc. (Company, Name) By: l zaC-e-- (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J . Dunnan agentresident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Washington International Insurance Company SureNeit *By Cara D. Hancock, Attorney —In —Fact Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: Kevin J. Dunn, Cara D. Hancock and Harold D. Binggeli jointly or severally Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 240s of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" JQ\�m%AUTYiqn�iiy �prnwuur,� GAU.TY/,�4.t►1.itorc lii.'!, By �t V ? • SE%iL _ Steven P. Anderson, President & Chief Executive orncer or Washington International Insurance Company & �� EAL its its, 1 973 �Qe,:I a Vice President of North American Specialty Insurance CompanyBy b David W Layman, Vitt President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 9th day of August 2005 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 9th day of August 20 OS , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. 'OPPICIALSEAV' G � Susan ANSI NMry Pofft, Slow d it 43 Susan Ansel, Notary Public 1Ay Gonrnissiorl E>�`as?Jfir1006 I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this2ftltlay of September , 20 05 . James A. Carpenter, Vitt President & Assistant Secretary of Washinglon International Insurance Company & North American Specialty Insurance Company POLICYHOLDER DISCLOSURE -, NOTICE OF TERRORISM INSURANCE COVERAGE ENDORSEMENT Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance JAct of 2002 ("the Act") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is $0. _J I As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassurety.com or you may call our office at 630- 227- 4825. REV: 2/03 agent notice IMPORTANT NOTICE In order to Obtain Information or Make a Complaint: You may call Washington International Insurance Company and/or North American Specialty Insurance Company at the following toll -free number: 800/338-0753 or You may write to them at the following address: 1200 Arlington Heights Road #400 Itasca, IL 60143 You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800/252-3439 You may write the Texas Department of Insurance at the following address: P O Box 149104 Austin, TX 78714-9104 CERTIFICATE OF INSURANCE ACORP. CERTIFICATE OF LIABILITY INSURANCE 09/22/2 0 Y' PRODUCER (806) 798-7979 FAX (806) 798-7888 Butler -Carson Insurance Agency 4505 82nd St , Suite 10 Lubbock, TX 79424 Theresa Walker THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Wallace Sprinkler Systems, Inc. P. 0. Box 53821 Lubbock, TX 79453 INSURERA: America First Lloyds INSURERB: Peerless Insurance Company INSURERc: America First Insurance Co. 1234 INSURERD: Texas Mutual Insurance Company 10051 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDNY) LIMITS GENERAL LIABILITY CBP9836454 04/61/2005 04/01/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO BA9836SS4 04/01/2005 04/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS/UMBRELLA LIABILITY CU98363 S4 04/01/2005 04/01/2006 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ C $ 1,000,000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TSF000112872 5 04/01/2005 04/01/2006 X I WC sTATU- OTH- FR D EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 _ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Primary Additional Insured and Waiver of Subrogation in favor of the certificate holder on the eneral Liability and Auto policies as required by written contract. Waiver of Subrogation in regards to Workers Compensation in favor of the certificate holder as required by written contract. r;=RTIFlrATF Nfl1 nFR f AMf`I=I I ATInId SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Lubbock BUT FAILURE TO MAIL SUCH N ICE SHALL IMPOSE NO OBLIGATIO R LIABILITY P 0 Box 2000 OF ANY KIND UPON THE INSUR , ITS AGENTS REPRESENTAT Lubbock, TX 79457 AUTHORIZED REPRESENTATIVE Gordon ButlerJL ACORD 25 (2001/08) ©ACORD CORPORATION 1988 l �j J CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: I (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on 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 A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION 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. 2 "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." "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 (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) 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: (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 j during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) 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 (H) 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. E I CONTRACT l I 9 7 i f r.� CONTRACT NO. 6141 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of September, 2005 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 Wallace Sprinkler, 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: BID #05-089-BM - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT - $296,890.50 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. Wallace Sprinkler Inc.'s bid dated August 3, 2005 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make -A payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LV4OCK, T4XAS (OWNER): Lo ATT T: i City Seer tary CONTRACTOR: CONTENT: COMPLETE ADDRESS: Wallace Sprinkler, Inc. 9806 Topeka .v9 r Lubbock, Texas 79424 APPROVED AS TO FORM: r f ttorney ATTEST: ' Corporate Secretary GENERAL CONDITIONS OF THE AGREEMENT I 1 5j GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit WALLACE SPRINKLER, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative H. DAVID JONES SPECIAL PROJECTS COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. r 4j 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED J 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. -11 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 The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems j 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 2 suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as 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. hi the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE �..w The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the IJ Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has 4 is 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. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either } before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. ` 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's 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) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; 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." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that 6 v 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. 26. 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. 27. 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 9 any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. 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 ALONG WITH A COPY OF THE ADDITIONAL INSURED 1 ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF t LUBBOCK AS A PRIMARY 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. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)1-1 .. The contractor shall have Comprehensive General Liability Insurance with limits of $600,000 Combined Single Limit in the aggregate and per occurrence to include: [.1 Products & Completed Operations Hazard Contractual Liability Fire Damage (Any one Fire) Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodilyinjuries including accidental death and or roe damage, $0 Combined Single Limit. This J g property rtY g 7� g policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Primary 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, $200,000 Combined Single Limit, 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 a primary 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. D. 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. E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. 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. 1. 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. 2. 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. 4. 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. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all - persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. g 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. 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. 1.. 8. 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 10 G (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. 10. 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 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. 11. 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 policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; I1 (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the ; Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 1 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially , affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other J 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' COMPENSATIONCOVERAGE "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 8001372-7713 or 5121804- 4000(hnn://www.twcc.state.tr-us/twcccontacts.html) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: 1 (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing , services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; ui include in all contracts to provide services on the project the following language: (...} p p J g 12 `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.", - (iv) provide the. Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of 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. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of L such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES .._x 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 13 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. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and 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. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and 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. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 14 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the 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 $100 (ONE HUNDRED) 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. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most 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 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. 36. 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 15 by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the O�xmer's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, uniess 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. 39. PROTECTION OF ADJORflNG PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the mariner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 16 41. PAYMENTS f 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 F' 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 y 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. 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. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 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. ._ 1 45 46 47 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 or substantial completion, nor any pro -vision 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 a the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: j (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a sure bond satisfactory to the Owner, in the P h rY 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. 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. 18 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) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed 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 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 19 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. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $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. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions _u conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. 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. 53. 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 20 F L-j 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. 54. 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. 55. 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 Eli 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. 0 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. 21 CURRENT WAGE DETERMINATIONS t I 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 µ;Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified A a I M 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 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 01 f-1, L EXHIBIT C Prevailing Wage Rates Overtime Rate a The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT B Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 0 r- L SPECIFICATIONS SECTION 02810 IRRIGATION SYSTEMS PART 1 - GENERAL { 1.1 SUMMARY A. This Section includes piping, valves, sprinklers, specialties, controls, and wiring for automatic control irrigation system. 1.2 DEFINITIONS A. Lateral Piping: Downstream from control valves to sprinklers, specialties, and drain valves. Piping is under pressure during flow. B. Irrigation Main Piping: Downstream from point of connection to water distribution piping to, and including, control valves. Piping is under water -distribution -system pressure. 1.3 SUBMITTALS A. Product Data: Include pressure ratings, rated capacities, and settings of selected models for the following: 1. General -duty valves. 2. Specialty valves. 3. Control -valve boxes. 4. Sprinklers. 5. Irrigation specialties. 6. Controllers. B. Operation and maintenance data. 1.4 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, !' and marked for intended use. PART 2-PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, manufacturers specified or equal. 2.2 PIPES, TUBES, AND FITTINGS l A. PVC Pipe: ASTM D 1785, PVC 1120 compound, Schedule 40. 1. PVC Socket Fittings, Schedule 40: ASTM D 2466. 03273204 IRRIGATION SYSTEMS 02810 - 1 04/05 spring to ensure a positive retraction. The seal shall be a single piece injection molded from Santoprene, a synthetic rubber. The sprinkler shall be capable of accepting any one of 21 nozzles. The nozzles shall be color -coded and available in three trajectories. Rotation shall be accomplished by a sealed, oil -packed gear drive assembly isolated from the water supply and driven by a variable stator that maintains a constant speed of rotation with all nozzles. The variable stator shall require no adjustments when changing nozzles. The sprinkler shall employ a modular, interchangeable nozzle technology. Any individual nozzle shall be easily removed, installed and locked if field adjustment is required. A standard pop-up, non-commercial model shall be available with a check valve which shall maintain 10' of elevation change. A lavender effluent water use indicator is available and can be press fit into the nozzle. A 3/4" NPT plug shall be provided with all side inlet models to plug the unused inlet. 1. Commercial Version: The sprinkler shall be of pop-up design with an overall height of 7", a body diameter of 2-3/8" and a pop-up stroke of 3". The sprinkler shall have a standard check valve which shall hold 10' of elevation change. The riser assembly shall be encased in stainless steel for increased vandal resistance and durability. The sprinkler shall be capable of installation at grade level and shall have a 3/4" NPT female inlet. The sprinkler shall be developed and manufactured by an ISO 9001-certified facility. The sprinkler shall be a 5700C Series and shall be manufactured by The Toro Company, Irrigation Division, Riverside, California, USA. B. Rotary Sprinkler: Toro 2001 Series. The full- or part -circle sprinklers shall be a gear -driven rotary type. The sprinkler shall be of a pop-up design with an overall height of 8-1/2", a body diameter of 2-1/2", a cap diameter of 3.38" and having a pop-up stroke of 4". The sprinkler shall be mounted at finished grade and shall have a 1" NPT or BSP female threaded inlet. The sprinkler shall be capable of covering 57 feet radius at 40 pounds per square inch pressure with a discharge rate of 18.3 gallons per minute. Water distribution shall be via two (2) nozzles that thread into a 2" diameter nozzle turret. The dual color -coded nozzles shall elevate 4" when in operation. The body of the sprinkler shall be injection molded form ABS, a non -corrosive, impact - resistant, UV -resistant, heavy-duty plastic material. The cover and nozzle top shall be injection molded from Alcryn, a synthetic rubber, and be capable of providing excellent impact resistance. The sprinkler shall be available with a plastic or stainless -steel riser. The sprinkler shall have a plastic filter screen sized to prevent entry of foreign material into the nozzle. All components shall be removable from the top of the sprinkler case via a snap ring retention method. The sprinkler shall have a single -piece riser/body seal that regulates flushing during pop-up and retraction to clear any debris from around the riser and a heavy-duty stainless -steel spring to ensure positive retraction. Rotation shall be accomplished by a water -lubricated planetary gear -drive assembly driven by a variable reversing stator that maintains a constant speed of rotation with all nozzles. The variable reversing stator shall require no adjustments when changing nozzles. 03273204 IRRIGATION SYSTEMS 02810 - 6 04/05 The sprinkler shall incorporate an anti -vandal arc memory feature that allows the nozzle to be turned beyond its watering borders without incurring any internal damage. If turned beyond its watering borders, the sprinkler shall automatically return to the previously set arc. The sprinkler shall have a standard rubber cover available in black, or lavender for effluent water use applications. The sprinkler shall be developed and manufactured by an ISO 9001-certified facility. The sprinkler shall be a mode number 52001 and shall be manufactured by The Toro Company, Irrigation Division, Riverside, California, USA. C. Pop-up Sprinkler: RainBird 1800 Series. 1. 1804 and 1806 Pop-up Full or Part Circle Spray Sprinkler The sprinkler body, stem, nozzle and screen shall be constructed of heavy-duty, ultraviolet resistant plastic. It shall have a heavyduty stainless steel retract spring for positive pop -down and a ratcheting system for easy alignment of the pattern. The sprinkler shall have a soft elastomer pressure -activated comolded wiper seal for cleaning debris from the pop-up stem as it retracts into the case to prevent the sprinkler from sticking up to minimize "flow -by." The sprinkler shall have a matched precipitation rate (NPR) plastic or brass nozzle with an adjusting screw capable of regulating the radius and flow. The sprinkler shall be capable of housing protective, nonclogging filter screens or pressure compensating screens (PCS) under the nozzle. The screen shall be used in conjunction with the adjusting screw for regulating. The 6" (15 cm) and 12" (30 cm) models shall have both a side and a bottom 1/2" (15/21) (FNPT) inlet for ease of w installation. The sprinkler shall have a Pop-TopTM Flush Plug pre -installed. The plug shall prevent debris from clogging the sprinkler during installation and allow for the system to be flushed before nozzling. The plug shall be bright orange in color and constructed of polypropylene material. 2.6 SPRINKLER SPECIALTIES A. PVC Irrigation Flow Sensor: Data Industrial 1R220P. The flow sensor shall be an in -line type with a non-magnetic, spinning impeller (paddle wheel) as the only moving part. The electronics housing shall be glass -filled PPS. The impeller shall be glass -filled nylon or Tefzel® with a UHMWPE or Tefzel® sleeve bearing. The shaft material shall be tungsten carbide. The electronics housing shall have two ethylene -propylene O-Rings and shall be easily removed from the meter body. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be 2 single conductor 18 AWG leads 48 inches long. Insulation shall be direct burial "UF" type colored red for the positive lead and black for the negative lead. The sensor shall operate in line pressures up to 100 psi and liquid temperatures up to 140' F, and operate in flows of 1 foot per second to 20 feet per second with linearity of 1% and repeatability of t 1%. The meter body shall be fabricated from Schedule 80 PVC Tees, available in 1 ''/2", 2", 3, and 4" with socket end connections. This flow sensor shall be Data Industrial Model IR-220P. 03273204 IRRIGATION SYSTEMS 02810 - 7 04/0- 2.7 AUTOMATIC -CONTROL SYSTEM A. Rainmaster Evolution DX Controller to be supplied by the Owner and installed by the Contractor. Model DX -(number of stations) -SPED Controller mounted in pedestal with DX -Flow, DX -Radio -Kit and EV-ANT-FD-KIT provided by the Owner to be installed on each. B. Exterior Control Enclosures: NEMA 250, Type 4, weatherproof, with locking cover and two matching keys; include provision for grounding. 1. Material: Stainless -steel, sheet metal. 2. Mounting: Freestanding pedestal type for concrete -base mounting. C. Wiring: UL 493, Type OF-B multiconductor, with solid -copper conductors and insulated cable; suitable for direct burial. 1. Feeder -Circuit Cables: No. 12 AWG minimum, between building and controllers. 2. Low -Voltage, Branch -Circuit Cables: No. 14 AWG minimum, between controllers and automatic control valves; color -coded different from feeder -circuit -cable jacket color; with jackets of different colors for multiple -cable installation in same trench. 3. Splicing Materials: Manufacturer's packaged kit consisting of insulating, spring -type connector or crimped joint and epoxy resin moisture seal; suitable for direct burial. PART 3 - EXECUTION 3.1 EARTHWORK A. Install piping and wiring in sleeves under sidewalks, roadways, parking lots, and railroads. B. Provide minimum cover over top of underground piping according to the following: 1. Irrigation Main Piping: Minimum depth of 24 inches below finished grade, or not less than 18 inches below average local frost depth, whichever is deeper. 2. Lateral Piping: 12 inches. 3. Sleeves: 24 inches. 3.2 PIPING APPLICATIONS A. Piping in control -valve boxes and aboveground may be joined with flanges instead of - joints indicated. B. Underground Irrigation Main Piping: Class 200, PVC pipe and socket fittings; and solvent - cemented joints. 1.1 C. Lateral Piping: Class 200, PVC pipe and socket fittings; and solvent -cemented joints. D. Risers to Aboveground Sprinklers and Specialties: Schedule 80, PVC pipe and socket fittings; and solvent -cemented joints. 13 E. Sleeves: Schedule 40, PVC pipe and socket fittings; and solvent -cemented joints. F. Transition Fittings: Use transition fittings for plastic -to -metal pipe connections according to the following: 1. Couplings: a. Underground Piping NPS 1-1/2 and Smaller: Manufactured fitting or coupling. b. Underground Piping NPS 2 and Larger: A)ATVJA transition coupling, 2. Fittings: a. Aboveground Piping: Plastic -to -metal transition fittings. b. Underground Piping: Union with plastic end of same material as plastic l piping. 03273204 IRRIGATION SYSTEMS 02810 - 8 04/05 r, 3.3 VALVE APPLICATIONS A. Aboveground, Shutoff -Duty Valves: 1. NPS 2 and Smaller: Bronze, nonrising or rising -stem gate valve. 2. NPS 2 and Smaller: Bronze or plastic ball valve. B. Underground, Shutoff -Duty Valves: Use the following: 1. NPS 2 and Smaller: Curb stop with tee head, curb -stop service box; and shutoff rod. 2. NPS 3 and Larger: AWWA cast-iron gate valve with elastomeric gaskets and stem nut, valve box, and shutoff rod. C. Underground, Manual Control Valves: Bronze globe valve with control -valve box and valve key. D. Control Valves: Bronze or plastic ball valve. 3.4 INSTALLATION A. Install piping free of sags and bends. B. Install groups of pipes parallel to each other, spaced to permit valve servicing. C. Install fittings for changes in direction and branch connections. D. Install unions adjacent to valves and to final connections to other components. E. Lay piping on solid subbase, uniformly sloped without humps or depressions. F. Underground Gate Valves: Install in valve box with top flush with grade. 1. Install valves and PVC pipe with restrained, gasketed joints. G. Underground Curb Stops: Install in service box with top flush with grade. H. Underground, Manual Control Valves: Install in manual control -valve box. I. Control Valves: Install in control -valve box. J. Flush circuit piping with full head of water and install sprinklers after hydrostatic test is completed. K. Locate part -circle sprinklers to maintain a minimum distance of 4 inches from paved boundaries, unless otherwise indicated. L. Install freestanding controllers on precast concrete bases not less than 36 by 24 by 4 inches thick, and not less than 6 inches greater in each direction than overall dimensions of controller. M. Install control cable in separate trench from irrigation piping and at least 5 feet beside piping. Provide conductors of size not smaller than recommended by controller manufacturer. Install cable in separate sleeve under paved areas if irrigation piping is installed in sleeve. 3.5 LABELING AND IDENTIFYING A. Label all irrigation control wires both in the controller box and at the valve box with each zone number. 3.6 FIELD QUALITY CONTROL A. Perform the following field tests and inspections and prepare test reports: 1. Leak Test: After installation, charge system and test for leaks. Repair leaks and retest until no leaks exist. 2. Operational Test: After electrical circuitry has been energized, operate controllers and automatic control valves to confirm proper system operation. 3. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. 03273204 IRRIGATION SYSTEMS 02810 - 9 04/05 tj B. Remove and replace units and retest as specified above. 3.7 ADJUSTING A. Adjust settings of controllers. B. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. C. Adjust sprinklers so they will be flush with, or not more than 1/2 inch above, finish grade. 3.8 WARRANTY A. All work performed as part of the project shall be warranted for one year form substantial completion of the job. Warranty shall include all parts and labor. Any repairs required during the warranty period must be made by the Contractor within 48 hours of being reported by the Owner. END OF SECTION 02810 03273204 IRRIGATION SYSTEMS 02810 - 10 04/05 ITB t105-089-BM, Addendum N2 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13'" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #2 ITB #05-089-BM Lubbock Preston Smith International Airport MLK BLVD Irrigation Improvement Project DATE ISSUED: July 29, 2005 CLOSE DATE: August 4, 2005 @ 3:00 P.M. 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. 1. Manufacturer's letters (from Toro, Weathermatic, and RainBird) validating product warranty from the date of installation are attached. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair a�mylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer 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 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 Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITBtl05-089-BMAd2 __J Victor Kilman City Of Lubbock 1625 13`h Room 204 Lubbock, TX 79401 Victor, As per the attached written warranty. The 2001 Rotors to be used on the upcoming project will be covered by the Toro Factory Warranty for Five Years from the date of installation. If I can help with any other Questions please feel free to call me direct. Thank You for Your Business! Cody Ray Hobbs CTIA, LI 4510 Distribution Account Manager TX, OK, LA, AR 505 Kelly Place Amarillo, TX 79108 817-680-3375 Cell 806-383-4347 Fax Cc; Ty Sisco 4222 85' Street Lubbock, TX 79423 July 28, 2005 Victor Kilman Purchasing Contract Manager City of Lubbock 1625 13'h St. Room 204 Lubbock, TX 79401 Dear Victor, 3301 W. Kmg4y Road Garland, Texas 750A1-2207 Weafhe4matice 972.27a-6131 Fan: 9*271.5710 WWW.woullwmwk.w1 n I have discussed with Ty Sisco of Parkhill, Smith and Cooper the situation with the delay in installation for the Lubbock Preston Smith Intemational Airport MLK Blvd Irrigation Improvement Project. We are happy that you have chosen the 8200 series for this project. The 8200 series carries a 10-year warranty. Weathermatic will be happy to prorate the year of warranty on this group of 46 brass valves to 2005. This --J means that your warranty will expire in 2015, rather than 2012. Please retain this letter as proof of warranty adjustment. Sincerely, aoumA &#�� Amanda Griffin Customer Care Weathermatic 3301 W. Kingsley Rd, Garland, TX 75041 972-926-2121 aciriffln@.weathermatic.com CC: Ty Sisco Bill Savelie Brodie Bruner The Purely Professional Source" 860-4 THN PRO Jul 29 05 10:48a Brad Waters 972-542-1675 P.2 RAiiv�Bl"o@ July 26, 2005 Mr. Victor Kilman Purchasing and Contract Manager The City of Lubbock 1625 13'h Street, Room 204 Lubbock, TX 79401 Dear Mr. Kilman, I was recently contacted by Mr. Ty Sisco of Parkhill, Smith & Cooper, Inc. In Lubbock, TX. Ty informed me that the City of Lubbock had purchased approximately (180) Rain Bird 1804 serles spray heads several years ago to be installed at the Lubbock Preston Smith International Airport — MLK Blvd. Irrigation Improvement Project. The Rain Bird 1804 series spray head comes with a standard five (5) year trade warranty. The purpose of this letter is to inform you that the Rain Bird Corporation will grant this warranty from the date of installation, rather than from the date of purchase. I simply ask that I receive documentation of the date of Installation for my records. The Rain Bird Corporation and the City of Lubbock have a long standing relationship that we cherish greatly. I am happy to offer this document as verification of our commitment to our product and to one of our most loyal customers. Please feel free to contact me at 817-368-7762 if you have further questions. Sincerely, rad Waters, RLA Rain Bird Corporation (817) 368-7762 cell (972) 529-6472 office (972) 542-1675 fax bwaters@ralnbird.com Cc; Ty Sisco, Parkhill, Smith & Cooper ITB #05-089-BM, Addendum #1 I City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDEND UM #1 ITB #05-089-BM Lubbock Preston Smith International Airport MLK BLVD Irrigation Improvement Project DATE ISSUED: July 28, 2005 CLOSE DATE: August 4, 2005 @ 3:00 P.M. 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. 1. On Plans Sheet L-101, CHANGE GENERAL NOTES: EXISTING CONDITIONS to read as follows: A. Components required to complete the original irrigation system were bid and purchased by the City of Lubbock in 2002, a portion of those materials were used in the partial installation of the system in 2002, 2003, and 2004 on the east side of MLK Boulevard. The components that were not installed are still in the possession of the City of Lubbock and shall be supplied to the Contractor for the installation and completion of the system as designed in these documents. Any and all existing components the Contractor chooses to utilize for the system designed in these documents will be subject to the same stipulated warranties and maintenance requirements and periods set forth in the project specification. Following is an inventory list believed to be the existing components currently stored by the City of Lubbock that will be supplied to the Contractor. This Parts List is provided only as a courtesy and the quantities and quality of the materials are not guaranteed by the City. Each bidding Contractor must, therefore, verify the quantity and quality of each before this bid is made. All stored materials available for the work will be available for verification at the NON -mandatory prebid meeting or by contacting David Jones at 806-775-3128 or by email at diones@Lnylubbock.us. 2. Bidders must submit the REVISED BID SUBMITTAL form attached. 3. Prebid Meeting attendee sign -in sheet is attached. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@mylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer 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 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 Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-089-BMAdI ITB #05-089-BM, Addendum # 1 *** REVISED *** BID SUBMITTAL LUMP SUM BID — Base Bid UNIT PRICE — Option #1 DATE: PROJECT NUMBER: #05-089-11M - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT Bid of (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 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT MLK BLVD IRRIGATION IMPROVEMENT PROJECT 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. BASE BID: Installation of two irrigation systems along the east and west roadsides of Martin Luther King (Lump Sum) Boulevard north from Regis Drive toward the airport terminal. Water meter and backflow prevention devices are currently installed and available for connection, and the new irrigation systems will include all irrigation main lines, boring, trenching, quick couplers, electronic and manual irrigation valves, control wiring, lateral lines, irrigation spray heads and controllers as shown on the Plans. The City of Lubbock will supply the controllers for the contractor to install and the City of Lubbock will supply to the Contractor all irrigation components described on plan sheet L-101 and verified by the Bidder pursuant to the attached affidavit. Said irrigation components shall be warranted in accordance with Section 02810 (3.8) of the specifications. MATERIALS: SERVICES: TOTAL BASE BID: (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials ITB#05-089-BMAd 1 2 ITB #05-089-BM, Addendum #1 OPTION #1 Provide all materials, labor, tools, equipment and incidentals for the removal, repair and (Unit Price) installation of specific irrigation system components on the existing systems around Lubbock Preston Smith International Airport. The approximate size and location of the items included in the Work for Bid Option One are shown on the Plans but must be verified on site by the contractor. Historic plans of the irrigation systems will be available for the contractor to review but cannot be verified for accuracy. The removal, repair and installation Work will include irrigation main lines, boring, trenching, electronic irrigation valves, control wiring, lateral lines, irrigation spray heads and controllers as shown on the Plans. Pricing for Bid Option One includes unit prices to allow the City of Lubbock to select a final quantity of units, but the Bid Option will be evaluated for award based on the extended price of the overall total of all the unit prices and units included. Estimated Item Quantity No. & Unit Description of Item Total Amount La. 2 EA Installation of Rainmaster Evolution DX 42 Sta. Controller and stainless steel pedestal, both to be provided by the Owner. Installation will include providing and connecting electrical supply to the controller. MATERIALS: $ /BAD ) - LABOR: $ /EA( ) TOTAL OPTION l.a.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) l.b. 1 EA Provide and install a 3" Data Industrial Flow Sensor with all wiring, trenching and connections to the specified controllers. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: $ /EA( ) LABOR: $ /EA( ) TOTAL OPTION l.b.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials rrB#05-089-BMAdI ITB #05-089-BM, Addendum # 1 Estimated Item Quantity No. & Unit Description of Item Total Amount I.e. 7 EA Provide and install a 2.5" electronic irrigation valve in place of an existing electronic irrigation valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: $ /EAR ) LABOR: $ /EA( ) TOTAL OPTION Le.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) l.d. 11 EA Provide and install a 2" electronic irrigation valve in place of an existing electronic irrigation valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: $ /EA( ) LABOR: $ /EA( ) _3 TOTAL OPTION IA.: $ /EA(, ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Le. 28 EA Provide and install a 1.5" electronic irrigation valve in place of an existing electronic irrigation valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: $ /EA( ) LABOR: $ /EA( ) TOTAL OPTION Le.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials I71713#05-089-13MAdl rrB #05-089-BM, Addendum #1 Estimated Item Quantity No. & Unit Description of Item Total Amount 11 4 EA Provide and install a I" electronic irrigation valve in place of an existing electronic irrigation valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: $ /EA( ) LABOR: $ /EA( ) TOTAL OPTION IS.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) l .g. 1 EA Provide and install a 3" master electronic irrigation valve in place of an existing 3" gate valve. Installation cost shall include the removal and disposal of the valve to be replaced. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: $ /EA( ) $ BA( ) TOTAL OPTION l.g.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) l.h. 410 EA Provide and install a Rain Bird 1806 6" Pop-up Irrigation Head in place of an existing Pop-up irrigation head. Installation cost shall include the removal and disposal of the Pop-up head to be replaced. Installation shall be complete in place with fittings and swing joints per each. MATERIALS: $ /EA( ) LABOR: $ /EA( ) TOTAL OPTION l.h.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) l.i. 1 EA Provide and install a 2" master electronic irrigation valve. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: $ /EA( ) TOTAL OPTION l.i.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initials rrB#05-089-BMAdi rrB #05-089-BM, Addendum # 1 Estimated Item Quantity -- No. & Unit Description of Item Total Amount l.j. 1 EA Remove and Relocate Hunter ICC Controller. Relocation shall include providing electrical service and connection as well as placing the controller in an outdoor -rated, stainless steel, pedestal enclosure. Installation shall be complete in place with fittings, connections and valve box per each. MATERIALS: $ /EA( ) LABOR: $ /EA( ) TOTAL OPTION l.j.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) l.k. 10 EA Provide and Install a 12" valve box. MATERIALS: $ /BA( ) LABOR: $ /EA( ) TOTAL OPTION l.k.: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 1.1. 50,000 LF Provide and Install electronic irrigation valve control wire complete and in place including all trenching and backfilling. MATERIALS: $ /LF ( ) LABOR: $ /LF( ) TOTAL OPTION 1.1.: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) I.M. 550 LF Provide boring with a 3" schedule 40 PVC sleeve located in bore. MATERIALS: $ /LF ( ) LABOR: $ /LF( ) TOTAL OPTION l.m.: $ /LF( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder's Initials j j TTB#05-089-BMAdi 6 L-I ITB #05-089-13M, Addendum #1 TOTAL OPTION #1: La. — Lin.: I MATERIALS: $ ( ) J LABOR: $ ) TOTAL OPTION #1: La-l.m.: $ ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 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 substantially complete the project within 120 (ONE HUNDRED TWENTY) 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 $100 (ONE HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality l in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner 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 ten (10) business 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's Initials ITB#05-089-BMAdl 1...i ITB #05-089-BM, Addendum # 1 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 Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date __. Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: M/WBE Firm: Woman I I Black American Native American Hispanic American I I Asian Pacific American I I Other (Spec `, ' ITB#05-089-BMAdi 8 Prebid Meeting for TT73 #05-089-BM LUBBOCK PRESTON SHn7H INTYRNAMONAL AIRPORT NILK BLVD IRRTGAT[Ojv UKTROVEXENTS PROJECT CS 00 July 19,2005 @ 10:00,kM C? LUBBOCK PRESTON WITH INTERNATIONAL AIRPORT Afvl[BASSADOR ROOM at PLEASE PRINT TEUMME- OAX "IAFL COMPANY REPRESENTATIVE HAILING ADDRESS mmom NLrkmzR- ADORM P.O. Box 2000 City of Lubbock BRUCE MACNAIR City Lubbock (806)775-2163 (806)775-2164 State, Zip Code: Texas 79457 T -->w(%S Address 15-10, city: ipc;iii; Z?-. +73, 3S-1010 C'jq-'1�5 es Address. 910 1 A). *1411C Me A City: Sbb,, Zip Code: -X(f v Address . .. ..... City: 6, -State 7ipCode --r5< 4- -7 7-','S7 7 7 4,7'?,- SVc V, C, Ro�e Address: 4^11 City: — 2, 14. L i. r .... — — — - C�^t?Jp } 71) fo,44i State, ZipCodc-. -fog,,� 6mTL Address . ........... city. T/05 yL . .... . .. state, Zip C,&: U Address: City; State.. Zip Codw c's a4 Z173 -220C �%% jCSQ II1dUh, t,e e **,n Cvm City: Tw I e (-X ��077 Address. City; __ Stalrzipcoz& -r-5e --7a-ZL4 -cp_peS I ( amj Address: City: n?Ql Zipcods: T-,k- 75107Q Address-, City: State, Zip Code: Address: City: State, Zip Code: 0" 5 W re - "W'% as 7 r, ----i r