HomeMy WebLinkAboutResolution - 2005-R0261 - Contract - Westmar Inc - Gas Condensate Removal System, Gas Well Field Expansion - 06/23/2005 (2)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 gas
condensate removal system & gas well field expansion, by and between the City of
Lubbock and Westmar, Inc. of Whitesboro, 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 Citi, Council.
Passed by the City Council this 23rd day of
ATTEST:
- R a"O'e-e 41
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
erry brook
Managing Director of Water Utilities
APPROVED AS TO FORM:
M. Knight, Ass' t City Attorney
gs/ccdocs/res-Contract-Westmar Inc
June 10, 2005
CITY OF LUBBOCK
SPECIFICATIONS FOR
GAS CONDENSATE REMOVAL SYSTEM & GAS WELL
FIELD EXPANSION
ITB #05-056-BM
Plans & Specifications may be obtained, at the bidder's expense, from
THE REPRODUCTION COMPANY
http://pr.thereproductioncompan
Phone: (806) 763-7770
"A City Of Planned Progress"
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
INVITATION TO BID
TITLE: GAS CONDENSATE REMOVAL SYSTEM & GAS WELL FIELD EXPANSION
ADDRESS: LUBBOCK, TEXAS
11 ►( 1►U: C 1N91000.181
PROJECT NUMBER: 243.90393 & 243.8487
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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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
NOTICE TO BIDDERS
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NOTICE TO BIDDERS
ITB #05-056-BM
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00
O'clock p.m. on the 8th day of June, 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:
"GAS CONDENSATE REMOVAL SYSTEM & GAS WELL FIELD EXPANSION"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 2:00 o'clock p.m. on the 8th day of June, 2005, and the City of Lubbock City Council will
consider the bids on the 23rd day of June, 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 fifteen
(15) 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 25th day of Mav, 2005 at 10:00 o'clock a.m., in Solid Waste Conference Room, 208 Municipal Drive,
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, hM://pr.therMroductioncompany.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 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 concerningthe above wage scale and
payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
{ The_ City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response
to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings
and bid openings are available to all persons regardless of disability. If you would lil e 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.
THE r—. K
REPRODOU�ON J
ANY
West Texas Reprographics Headquarters
2102 Ave. Q
Lubbock, TX 79411
_s (806) 763-7770
(888) 889-5978
CITY OF LUBBOCK
VICTOR KILMAN
PURCHASING & CONTRACT MANAGER
GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID DELIVERY TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish GAS CONDENSATE
REMOVAL SYSTEM & GAS WELL FIELD EXPANSION per the attached specifications and
contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 8th day of June,
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 #05-056-BM, GAS CONDENSATE
REMOVAL SYSTEM & GAS WELL FIELD EXPANSION" 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 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 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
as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandatorypre-bid meeting
will be held at 10:00 a.m., May 25th, 2005 in Solid Waste Conference Room, 208 Municipal Drive,
Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the
prospective bidder they represent.
j 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do
t not attend the pre -bid meeting.
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.RFPde op t.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 Department. At the request of the bidder, or in the
event the Purchasing Department deems the interpretation to be substantive, the interpretation will be
made by written addendum issued by the Purchasing Department. Such addenda issued by the Purchasing
Department will be available over the Internet at http://www.RFPdgpot.com and will 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 Department no later than five (5) days before the bid closing date.
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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 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 rIB 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.
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 Manager and a clarification obtained before the bids are received,
and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it
shall be deemed that the bidder fully understands the work to be included and has provided
sufficient sums in its bid to complete the work in accordance with these plans and specifications. If
bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then
it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for
completion of the project. It is further agreed that any request for clarification must be submitted
no later than five (5) calendar days prior to the opening of bids.
BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 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
Records Act. f I
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7 LICENSES PERMITS TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or
may be required to pay.
UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective bidders are strongly encouraged to explore and implement methods for the utilization of 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.
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 INOUI IES AND CLARIFICATION OF REOUIltEMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
the bidder's responsibility to advise the Purchasing Manager if any language requirements, etc., or any
combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single
source. Such notification must be submitted in writing and must be received by the City of Lubbock
Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such
notifications will be made.
12.2
BRUCE MACNAIR, SENIOR BUYER
City of Lubbock
1625 13t` Street
Lubbock, Texas 79401
Fax: (806)775-2164
Email: BMacnair@mylubbock.us
RFPDepot: http://www.RFPde op t.com
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TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within ONE
HUNDRED (100) 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 incurredoin 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.
GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the
Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in
the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such
defects appear within ONE year from date of final acceptance of the work as a result of defective
materials or workmanship, at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will
be recognized and accommodated and will not, in any way, result in hardware, software or firmware
failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate
the procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
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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
i materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
i . 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
.3 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
3 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.
23 EXPLOSIVES
23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
1-1-- Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
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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.
CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of 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 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 AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT
NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL
BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF
OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
LABOR AND WORKING HOURS
26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem
wages included in these contract documents. The wage rate that must be paid on this project shall not be
less than specified in the schedule of general prevailing rates of per diem wages as above mentioned.
The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
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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
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site
of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each
employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit
shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown)
have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must
classify employees according to one of the classifications set forth in the schedule of general prevailing rate of
per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty
to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic
employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the
wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem
wages included in these contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
s Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
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
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
agiven 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
_s
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.
30 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.
31 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:
(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
8
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 for Bid
Items I through 38 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 COM UT 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
Ell
I
I
I
I
I
I
I
BID SUBMITTAL
DATE:
PROJECT NUMBER: #05-056-BM - GAS CONDENSATE REMOVAL SYSTEM & GAS WELL FIELD
EXPANSION
(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 GAS CONDENSATE REMOVAL
SYSTEM & GAS WELL FIELD EXPANSION 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.
Ite Approx Description of Item & Unit Prices Total
No. Units
1. 1 LF Mobilization (not to exceed 3% of bid price):
SERVICES:
TOTAL BID ITEM #1 $ /LF
(Unit Price Amounts shall be shown in both words and numerals. ase of dis ancy, the amount shown in words shall govern.)
2. 9 EA LAPS 201 (or appro d equal) pumping units, including ex ation and installation:
MATERIALS_
SERVICES:
TOTAL BID Ifi #2 ($ /BA)
-- (Unit Pr Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Bidder's Initials
I Approx
Description of Item & Unit Prices Total
No. / Units
3. A
on:
Knock out pots with pneumatic pump, including excavation and instal:A)
MATERIALS:
$
SERVICES:
$ //EA)
TOTAL BID ITEM #3
$ BA
(Unit Price Amounts shall be sho n' both words and numerals. In case of disc/tbet shown in words shall govern.)
4. 1 LS
Air compressor, er, filters, regulator, steeler items related tothe
compressor station.MATERIALS:
/LS
SERVICES:
/LS
TOTAL BID ITEM #4
V /LS
(Unit Price Amounts shall be shown in both words and numerals. cas of discrepancy, the amount shown in words shall govern.)
5. 905 LF
1" HDPE condensate disch ge piping, inc g trenching, testing, fittings,
installation and backfill:
MATERIALS:
$ /LF
SERVICES:
$ /LF
TOTAL BID ITEM #5
$ /LF
(Unit Price Amounts shall be shown i both words and numerals. In case of discrepancy, the amount s wn in words shall govern.)
6. 3,175 LF
1.2 HDPE condensate discharge piping, including trenching, testin fittings,
tallation and backfill:
MATERIALS:
$ /LF
SERVICES:
$ /LF
TOTAL BID IT M #6
/LF
(Unit Priy6 Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern
Bidder's Initials
2
BID SUBMITTAL
UNIT PRICE BID CONTRACT
Item Approx Descrtiption of Item & Unit Prices Total Amount
No. Otv / Units
1. 1 LS Mobilization (not to exceed 3% of bid price):
MATERIALS,504j -nk- O Red Tarr -teen 4 �O�lbo (c�it����—°�S�(
SERVICES:Ru� .O:cnAc.4ry i 3ewn kvAnJaed -j;x6 t °o+!ioc> /LS) (IS,'7b0 3 l
TOTAL BID ITEM #1 �L4Loo hoougd4;uR hwidaeJ ri$hN (sue
(Unit Price Amounts shall be shown in troth wards and numerals. fit case of disaeps�y,Ihe amouunt shown in words shall govern.)
2. 4 EA LAPS 201 (or approved equal) pumping units, including excavation and installation:
MATERIALS S iXIV-fbP-Vr.IlvrlAYLEd CHIbt� 6*397_ _SAI S -
s>iRvlcEs:-Th�a�.I-�iv�e hvndne�l �e t�h�•y wo + °b�loo { 358 a °-�'/EA�
TOTAL BID ITEM #2njne4, Tniy)r hunAo-?cA ei$W-N 4n0jac ($22802!/EA)r139tY20•
(Unit Price Amounts shall be shown in both wads and numerals. In Hse ofdiscrepancy, the amount shown in words shall govern.)
3. 3 EA Knock out pots with pneumatic pump, including excavation and installation:
MATERIALS;-ine41 n'Irnr-6vndrue -A x `1 541I6t7 fSqqti{t.S �A 29, ��i%%oo
t�--�- r�-�- r� � U.
SERVICES:t`t�%I htillc�Qe_�+_r_��L_orll_-i_4to�loo_ ($555)gi' 1( (6 (aSTe)
TOTAL BID ITEM #3f k t r-en`f'houSAnd+p q R hurl4Qed 0jriejs4-8 (S wr ` K6. %EA) (`t' 0,` 1
(Unit Price Amounts shall be shown in both words and numerals. In case of d y,tt%e amount shown in *u* shall govern.)
4. 1 IS Air compressor, dryer, filters, regulator, steel piping, and other items related to the
compressor station:
MATERIAL§--7Cn4-ouspnci Owe hvMw8E R4 s►x -i°t'/n,6 ($10.4 .Il ( la,�S�O•
SERVICE : o usran -Ewtz h�ndne d •�0��-v-�v+�� °��ao�$�e,��%:°il�s) ( 1 D, zy�{.�
TOTAL BID ITEM #4uSAYlciEvt® UYIJw O°/!ob (��o,SOD, 6 ) { .'jOt 500.,
(Unit Price Amounts shall be sh m both words and numerals, in case of discrepancy. the amount shown in words shall govern.)
Bidder's Initials
Addendum I
Item Approx Description of Item & Unit Prices Total Amount
No. Otv 1 units
5. 905 LF t" HAPI~ condensate discharge piping, including trenching, testing, fittings,
c— installation and backfili:
MATERIALS : ro �-� a'f)'e. lttc ce n (S . 4 � [LF) ( .3(O g. bo )
SERVICES: Fo WR.. C 11 A 25 * "19 11 d'o ( /LF) r
TOTAL BID rnEM #5 ve. O 11 p rz s `t 1" io b (S � a /LF) ( 4.10 b
(Unit Price Amounts shall be shown in both wads and numerals. In case of discrepancy, the amount shown in words shall govern.)
6. 3,175 LF 1.25" HDPE condensate discharge piping, including trenching, testing, fittings,
instattationand backfill:
MATERIALS:: J iXt� ! b O C' l�ll`l'`3 ($ ' �e ILF) ( 19 111 60
SERVICES: T� U iL G o � � IF1 I mo ') b y (S y $o /LF) ( 15t --a V o l
TOTAL BH) rrEM #6 t' t \f CQ t I V Z% 4 4 b h oc) M 51 40 AX) ( 17,145 -too)
(Unit Price Amounts shall be shown In both words and numerals. in case of discrepancy, the amount shown in wads shall govern.)
7. 1.,310 LF 1.50" HDPE condensate discharge piping, including trenching, testing, fittings,
installation and backfrii:
MATERIALS-- 1, � '1'r 1Q.e.P- / 1bQ QLOQ-'� (S •83 aY)( 1osb.°'°
t-ou2c�I1A25 4 "1't'Ioca ($,1.-! fl-)( (,�50.°�
SERVICES: )
t
TOTAL BID ITEM #7 F+ye Jo 1 1.at2. S d. oO )too { 5• ) ("t,33� 6-0 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in wads shalt govern.)
8. 700 LF 2" HDPL condensate discharge piping, including trenching, testing, fittings,
installation and backfili:
� ne ��1-O I.I�K-��6o Cl P1'�-S iS '9 /LF)t (o(o
MATERIALS•
nt
ao
sERvrcEs: J t x �o l l iA YL 5 + 9 to l ono (� (.01k
n F) (—
_ TOTALBIDITEMM 'S&Ver) �4t{4125 49D1lbC, ($ 1.9 JLF)(5530.�?
(Unit Price Amounts shalt be shown in loth wads and numerals. M case of discrepancy, the amount shown in words shall govern.)
-• 9. 770 LF 1 S" HDPE air supply piping, including trenching, testing, fittings,
installation and backfi!!:
MATERIALS Y, 2e� �b t' P, a!s 41400 (S 3.1y /LF) ( 24'ao. '
SERVICES:-5,tx of t1gk-.s 4 cropI/bp G Cb 14b104,0o
TOTAL BID ITEM #9 1 `il O f2 o ! d ($ 9.20 /LF)
(Unit Price Amounts dM be shown in Muth words and numerals. In case of discrepancy, the amount shown in words shalt govern.)
��" Bidder's Initials
Addendum I
Item Approx Description of Item & Unit Prices Total Amount
No. MY / Units
10. 2,200 LF 2" HDPE air supply piping, including trenching, testing, fittings,
installation and backfiil:
Y'° '���-1aMATERJALS `$3I �85 �}a.
sERVICEs: Six c►n� r4 rz S -� 6-7I o b lam.°� 133 51, °`
TOTAL BID ITEM # to 1 1 t n e QA K- S + 9 `/1 b tJ (S 1_• 9b _ /LF) (_ a ).-12 O, of
(Unit trice Amounts shall be shown in bath words and numerals_ In case of discrepancy, the amount shown in words shall govern.)
1 I . 1,830 LF 3" HDPE air supply piping, including trenching, testing, fittings,
installation and backfili:
MATERIALS:S!-Ven C�j 14 S 571/L)O (s" Ax)(13,a5j.�)
SERVICES: 141'1� l)D Y�12 5 -73/ /O D (S,3 U)(15 91$ ",
/
TOTAL BID ITEM M Ic _J i 1C�C" n fjo � 114t2-'S d 3b/ / 0b 1— 5;t9
,10
o
(Unit Price Awowtls shalt be shown in lath words and numerals. to case of discrepancy, the amatnt shown in words shall govern.)
12. 1,240 LF 4" HDPE air supply Piping, including trenching, testing, fittings,
i elation and baMiill:
MATERIALS: ILan
SERVICES- E- Qir1`�-4b Y� t2 S dto,`t1b °-0 )
TOTAL BID ITEM #12_�_.1.t YiC'_4en i9,b1- /I_m:( q-3A
(Unit Price Amounts shall be shown in tads words and ratmetais. In rase of diwrepancy, the amount shown in words shall govern.)
13. 5 EEA� Combination air valves and valve boxes, as specifted, fully installed:
MATERIALSS:1 l.rYl i-4 = �undrze o11j� C�i f�12 �- O°'IOb ($ a to °Q /EA) ((�, 505.00
SERVICE&OM0 -HAt-05AnCA iUr-t1j�j t��I14Y1-��.1-- 1106 t$ 1tQ1 a- /EA ( 5,105. ")
TOTAL BlIMEM #13J!) i f-j-y dine hknafte i-t,t nn' j 4toC) ($312,2'eo-/EA) (I'S, (clp,00
(Unit Price Amounts shall be shown in both words and numerals. In case of disc a ,the amour shown in worms shall govern.)
14. € EA Pressure sustaining valve and valve box, as specified, fully installed:
MATERIALS�lVe- kyY\a.�8 SPVel1�..11eiQt' 4- t-0/tup ($it '/EA1j l� aig.OR
SERVICES;�i)C%UnJY1 E 8 bj lily _h l" e `l" $bl/6� (S b99 Lb /EA ( 760 • era
TOTAL BID ITEM #14I �) e-4-e n t lurl ArzetA ' -yeniq @ iqk'} 'I /u�tS i,9lY �- js � q18. °-�
(Unit Price Announts shall be shown in lath words and nutne rals_ in case of dise�the amount shown in wontx shall govern.)
,AV_— Bidder`s Initials
Addendum i
Item Approx Description of Item & Unit Prices
Total Amount
No. Otv / Units
Is. 6 EA Check valves for condensate lines, including valve box complete in place;
MATERIALS: u d -ck ve ")It
(SNei R"
5107• `=0
SERVICES: R.C' 0 CIt2E (? i V (�
��,tti
0 .00
_ TOTAL BID ITEM #15E1!gh� kvaau-Flyjue 4O°ltM
(S$12:!a /EA)(�$1a.°-^)
(Unit Price Amens shall be Mxm in both 9,w& and numerals. to case of discrepancy, the ammmi shown in -wwds shall jovem)
M 3 EA Pneumatic drain valves including valve box, complete in
place:
MATERiALrrS--i'� t t Ve v �Yl� '�i~ t �} {°� !
.? 533, b
i �01•0~
SERVICES:ToUO—Iuname� S\xA-V-rauY(- '1 33/10c>
r—
( 6T.� {
TOTAL BID ITEM #Iq Weniq piple kunA nihCbipit;hl
1E 2!
$tr4• =� )
_ 3 (Unit Price Amounts sham be shown in both wads and natrtetats. In cave of dis arty. the attauut shown in words shall govern.)
17. 5 EA Isolation (ball) valves for the air supply line, including valve box:
MATERIALS 69.,ee-kunJaeA 1 MA-'jeiqi\`%-i421t00
(SMS !EA)(
l..cfa.ehft )
SERVICESTO- of loncx"A -'51k%y 5$� lop
(�NtoO.$= /EA(
A.3t3.00)
TOTAL BID ITEM #17 i_QM V1unA" A tt't'(- n-T---�e `1- �'/ttYb
(Unit Price Armutus shadtnio both wads and tut eels. l n case of discrepancy, the amount shown in words shall govern.)
19. 30 SY 6 inch thick reinforced concrete slab, including prepared
subgrade and base:
MATERIALS: l W e h `i�-� � Q o1 °t 2' lb O
(� o�� 9?. /SY)
( (oaf • � )
SERVICES -TWoyir1U12e 'rn+ �i '� � (C5b
(03.0 O%
t�
TOTAL BID ITEM #18 1 WO
(Unit Price Ammnts shall be shown in both words and numoraa is. 5t case of discrepancy, the ataount shown in words span go%vm.)
--3 19. 1 LS Condensate storage tank, fittings and related items,
items, complete in place:
+j
MA'TERIALS�lX�tt 'T'wo hu11C aect SCltc15
fli-V ['3 75/,rib
($�A11 /IS)
(G. '.03 � k
` SERVICESFIS �t $even hvnclaeJ 4eyep d 2sboD
(s'310-15i:Ls
gr7�1•� )
�" iMa� h l>n d
TOTAL BID ITEM #19 FOUfL�t1 F� = r1jN! RC
°°
($ I�tZoi�,"/LS)
(Unit Price Amounts shall be shown in ¢ottwords and mmmemis. In case of discrepancy, the amount shown to words shall govern)
L° I d M l t crizO
W-46V Bidder's Initials
Addendum I
Item Approx Description of Item & Unit Prices Total Amount
No. ON / Units
20. 1,497 VF Drilling 24" Minimum Diameter Methane Remediation Wells from Ground Surface
to Bottom of Hole including deposition of cuttings on to working face:
MATERIALS: Z e rLo (S '"' NF) f )
SERVICES: `J Ix at 10-o is •�� NF(
TOTAL BID ITEM #20t` 1 'n$ i k is 5l0 •� NF) (M83a
(Unit Price Anuwrus shall be shown in loth words and su ncrals. In case of discrepancy, the amount shown in word% shalt govern.)
21. 545 LF 6-inch well casing, as specified, installed:
�i
MATERIALS: x CIO � igCL S d llbb (S 0l /LE) ( 3r 4"I1.' ° )
SERVICES: c��t tJo11K� YLS Iob {g �r•y= /LFr 3, so�•e�i
_ a TOTAL BID ITEM 421 1 We YL 1 v e do11 iq s ct 1 07U (s I a , so /LF) °� )
(Unit Price Amounts shalt be shown in troth words and numerals. In case of discrepancy, the amount shown in words shall govern.)
22. 929 L.F� ; 6-inch well screen, as specified, installed:
MATERIALS: `, } i ?C� y 5'i %� / 1 O b C't�l l (s • b4' ALF)o0
j�, 3t} 34 a
SERVICES: I t f•1 (L '� n &I I Pia S � � ld o (s 13• ax 0Q.39'5.
TOTAL BID ITEM #22T'O V 9 en 801 4 a yL% `k t-t!/ 0 ($14 -'�a /LF) ( 13, b010 c
(Unit orrice Atnottnts shah be shown in bah word% and n unaah. to case of discreprwc3, rite amount shown in words shaft govern.)
23. 1,067 VF
MATERIALS: f"'t V e-
SERVICES:
Gravel Filter Pack (Quantity based on 24" diameter hole), furnished and
placed in wells:
Ao1114tL% -4 8100 ($ 89 N� (L, a$1.60
i v�o c�1�111f�Y�..S � � 1ao rt �.t� NFfa.��i9•
TOTAL BID ITEM #23 LI !R C 1 � � D � A a-J "{ 6011 t) (s, $ NE) ($ 5 3(0 .
(Unit Pricc Amounts shall be s66v in both words and naeterals. In case of discrepancy, the amount shows: in words shall govern.)
24. 115 VF Hydrated Bentonite (Quantity Based on 24" diameter hole at depth specified),
furnished and placed in wells:
MATERIALS: �fl doff I P VL 5 4 to/to O (s 30 -'"R NF) ( 3t 41'6 cn )
SERVICES i � cOII 12S F(
«'%/aca (s3o °� N3. 450.cotj
TOTAL. BID ITEM #2451 Y,' '14 - a®t I i� J _ "1 Z� �1 aO (s-6-0_ �^�—NF) ( 4,9a3,
(Unit Price Amounts shall tie showtein both words and numuats. to ewe of discrepancy, the amount shown in words shall govern.)
fM47- Bidder's initials
Addendum 1
Item Approx Description of Item & Unit Prices Total Amount
No. Otv / Units
25. 315 VF Soil/Bentonite Mix (Quantity Based on 24" diameter hole at depth specified),
furnished and placed in wells:
MATERIALS. i X 1 t q 12 S d b Q ed
1� tS . o NF) t t g03. ---)
SERVICES �' Y _ CEO I I i4 IC S d 9 b (t�j t� �D 9b NF l 3 4 ✓z• —)
TOTAL BID ITEM #25 �i \)e n'E n 8 d 14YLS 14 6".' % 1tb ( • °= NF) (trJ
3! . `Si
(Unit Price Amounts shall be shown in both wards and nurneaats, in case of discrepancy, the amount shown in words shall govern.)
26. 46 EA Furnish and install wellhead including all piping, valves, hends, and related
appurtenances necessary to complete wellhead and tie well in to feeder piping:
mATERIALsJ;Q i2 kt'sn<A 6�19.35 iq A90•°D
SERVICES: O :_&QWf t o ��
TOTAL BID ITEM #26 t ne I"ltand n� d 1� ($90 o /EA) (41•400- )
(Unit Price Amounts shall be shown in both wards and mtnwals. In case of discrepancy. the amount shown in words shall govern.)
27. 9,360 LF 4" HDPE gas collection pipe, including trenching, fittings, installation and backfill:
MATERIALS: i2-L'e ® L 1 grLt> �' 1 ($s /L.F) r d9, 522
SERVICES: n i ne � OA k lA VL -,j .I C151100 ( h •9� !LF (� 3 0q��
TOTAL BID ITEM #27 111.1 K-�L Y'1 (AD 1114 Y- S 'a , b' 1 0 O (g 13 • )= /fX) t i � al . (Pilo.
(unit Mice Aumm shall be shown in both words and a arms, in case of discrepancy, tht: amount shown in words shah} govern.)
28. 2, 280 LF 1IY' HDPE gas collection pipe, including trenching, fittings, installation and backfill:
MATERIALS: K Ci41(� S o1 f dt} (,,"13 ' o'
sERVICEs �o Yl►2S o t$IQ•a- aj(A3,101.*0
TOTAL BID ITEM #2& N1e nA-ee coo» 1R Y� S a (O� 60 is I-V'`—' AX) t 38,3108 =i
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in wards Shan gown )
29. 570 LF 8" HDPE gas collection pipe, including trenching, fittings, installation and backfill: _`
SEI
TOTAL BID ITT -Ali #29 n4-�4-PAVLfE JOt 14Vt5. of "b ab ($ A3 •l0 /L.F) f
(Unit Pace Amounts shall be shown in both words and nurneWs. in cue of discrepancy, the amount shown in words shall govern.)
Bidder's Initials
Addendum I
Item Approx Description of Item & Unit Prices Total: Amount
No. Otv./ Units
10. 9 IAESA^ 18"knockout pot complete in place:
place: f
MATERLS: VC nkunja.e� ei�yt,-y`1 1Z1/M /$1755.21/�A) ( do CfiI
SERVICED CL �wn due d el�h�y •�v v i�o� 1385.Z-SEA (J2, `ib8-QD--�
TOTAL BID ITEM #_i() 1i 12�t tie h�nclrtt�l sl� n4Ai on_e -4_'Vws 3171-°-/EA) (28.539.1-1
(Unit Price Amounts "I be shown in bah wads and numerals. In case of Aiscagvncy, the amount shown in words shall govem.)
31. 4 EA 4" HDPE isolation valve complete in place:
MATERIALS;!�,ENen hurxayzecl ` '14q n i n r- * t` %hoe (S -139 ° /FA) ( a9 540
SERVICES: _I WO vnclae(A SMCn4-%d�MCIV42
� P—le(° ♦ 6D'�°O ($M3 �� /EA( ICR2.'' )
TOTAL BID ITEM#3t #)ousgr1CL 4 tic IoD s lolZ «'�A)r gDkA-S- = )
(Unit Price Amounts shall be shown in both words and numerals, in case of disettpaney, the amount shown in words shall govern.)
32. 3 EA 6" HDPE isolation valve complete in place:
1utATE>zIALsl IfWn kuf\ � e� �i-`i � 1Oo 11�O.3 /EA) r 34s!•� )
T
SERVICES t,JO kw14 ale t '!5nrrAA t' htZ.e L- 4 bi ) l0 p ($ 2%3.4e /EA ( 82.1- pe—' )
- , TOTAL BID ITEM #321 D U h h unJae ~�wen4ur2 e'°/`co (s 1�4Z�}.o0�A) [ c} a'i a: `� )
(Unit Price Amounts shalt be d wwn in bah words a W twanerals. In case discrepancy, the amount shown in words aha11 govern.)
33. 1 EA: ('-f_ 8" HDPE isolation valve complete in place:
ie
MATERIALS"' RI r ken h WI d rz e d s1 x �V 'I oc // Ob (S 15 . /EA)
SERVICES J 1�_Q k and ae smrn4gAgee t °Of as�/($ 313 Lo %73. S! )
TOTAL BID ITEM #3 en h undl2e d -lh ilely Aft-Mles I83 N183 3 .°�'
(Unit Nice Amounts shall Vshown in bah wards and numerals. In use Stdiscrepancy, the amount shown in wads shall govern.)
34. 50 VF Abandonment Costs. In the event that drilling operation does not exceed a rate of 2
vertical feet per hover, then the Owner may direct the contractor to cease drilling operation
and abandon the well. The well hole will then be filled with clean soil to a depth of three (3)
feet from the surface. The top three (3) feet shall then be filled and compacted in lifts not to
exceed 8-inches to the final surface with a soil/bentonite mixture as specified in the technical
_ specification of this document. The cost to abandon the hole, fill with clean soil and cap:
MATERIALS- ' t'1 d011141z S + //� tS (b.` rvF) (a5�o •� )
SERVICES: 1 6 t2- / 4)11An.S 1F 6° hm re 4b•ob t aaao °
1 E * `� u v 1I R9,11 4- 60 // 00 (p 50. pd 1VF) ( A 500 . CD
TOTAL BIn ITEM #34L
(Unit Price Amounts shalt be shown id botb words and numerals, In cent ofdiscnnpanay. the amount shown in words shall govern.)
t-
,t��w-- Bidder's Enitials
Addendum I
Item Approx
Description of Item & Unit Prices
Total Amount
No. Otv / Units
35. 1 LS
Electrical service, complete in place:
MATERIALal i �
1�hQpe kundke A a °" J/bo ($33oo.°O2s)r
33tao.°6
SERVICES:S1& L
ye �Qr)8a& A 4 °° /tam
6500.S )
TOTAL BID ITEM #35
e i u/lcrrc&d i hab
98rya.°=
9,900. O
(Unit Price Amounts shall be shown A both and numerals. In case of discrepancy, the amount shown in words shall govern.)
36. 5 TONS Handling, hauling and disposing of incidental asbestos containing materials
that are encountered during the drilling of the vents, in accordance with all applicable
federal, state and local regulations:
MATERIALS j (
SERVICES- 5',x 1Aun yzecl "lim rS 4tyU b-2 /TONS( 3000 M )
TOTAL BID ITEM #36J 1 X hUtrig rLe C `1 6O,IoD iS fIf)NSt t 30a0.°� �
(Unit Price Amounts shalt be shown in troth words and numerals. In caw of discrepancy, the amount shown in words $ball go,,",L)
TOTAL BID, ITEMS #1- #36:
MATERIALS: T�1 )aura D� N,� � oN� ri�ous a�� , y wv u N _ c�'u�{ �,is . (g o 9 i. Q 01. .ea �.
SERVICES: r-yu Q WA n, Da.g ?� Fir- n 6 iC� r+T Tt+vas 9+�� , *ux� lz wgd w N "I e 6 se ur v, !$ 9 158, !tq 7.eig
�' )
TOTAL BID ITEMS #1 - #36 5�v2Nu r+Nbicjj Focal N poic +I1ox5owd, Fou4-41-14d/W A-'" /($ 10. q18 . )
(Unit Price AnK mtts shalt be shorn in both words and numerals. to cave of discrepancy, the amount sboown in words shall govern.)
— Bidder's Initials
Addendum I
Item Approx Description of Item & Unit Prices Total Amount
No, Oty I Units
ALTERNATE #1(ADD):
1 LS Install coated steel pipe, as specified, in lieu of polyethylene piping for
the compressed air supply:
MATERIAL
u
SERVICES: ' 6v o k 31 !0 ! 31 710. =�
one In, � � ,
TOTAL ALTERNATE#i (ADD V5} -'SJ ku � 4 �=I / 90 bt�o� O ieoo.
(Unit Price Amounts shall be shown m ball words and numerals. In case of discrmpancy, the amount shown in words shall govern.)
ALTERNATE #2 (ADD):
46 EA Install Accu-Flow wellheads in lieu of the well head included in bid item #26.
MATERIALS-` 1194 hun8 fZL-8 +WCt1`�-u -+ 33 / 10 0 (,$320 3 IEA) ( 14,135
SERVICES: t'o u12 ku ncA "A 5Cyc„p 14;o u 2 + (07 b o a (014. � &&) (,11 835. -7
TOTAL ALTERNATE #2 (ADD)ye n k u n de J n , nejy Tve
(Uni(Price Amounts shaft be shown in troth wtwds and nuntaalsin case of discApancy.Ore amount shown in words shall govern.)
ALTERNATE #3 (ADD):
1 LS Profile existing gas collection lines as specified to determine location of "sags", complete:
MATERIALS•�1)c kuncl �oOco 1000.1a
SERVICES:, ' ink RITU
4.uS yooa S oop.°O
TOTAL ALTERNATE #3 (ADD)1 n e -+ho oSAR8 Si X a 14M07 / Q(o00 1(000. °=
(Unit Price Amounts shag be shown in both words and numerals. in case of discrepancy, the amount shown in words shalt goven.)
ALTERNATE #4 (ADD):
630 LF Adjust grade of existing 4" HDPE pipe to allow condensate drainage, complete in place:
MATERIALS: l>'b � 10 .,L1 An(,3gq,
I-cer� h 13. 43o8 SERVICES: b
TOTAL ALTERNATE 44 (ADD) er) dol I1gliS y' 461/jrr) (S, 5.q, II.F) f i7oa �n
(Unit Price Amounts shelf be shown in bath words and numerals. In case of discrgwwy, the amount shown in words shall govun.)
Bidder's Initials
LA
Addendum I
No Text
Item Approx Description of Item & Unit Prices Total Amount
No. Ot. / Units
ALTERNATE #5 (ADD):
200 LF Adjust grade of existing 6" HDPE pipe to allow condensate drainage, complete in place:
MATERIALS: TWO C40 � 1 a• 43 $ 5.
SERVICES:' UVIA 1 �F 1 U) ' F a.�75.a�c
TOTAL ALTERNATE #5 (ADD) ')iC ° 'ri �) lar.s. -4. 38
� � {s �� •� /AFL 3;z tot). ss�
(Unit Price Amounts shalt be shown in bah words and numerals. In ease of disexpancy, the amount shown in words shall govern.)
ALTERNATE #6 (ADD):
485 LF Adjust grade of existing 8" HDPE pipe to allow condensate drainage, complete in place:
MATERIALS O �. ,i, /L I A - Tn ,
SERVICES: iz. I li I� • F 9'53. b-e~
TOTAL ALTERNATE #k6 (ADD) � IL 11. �= T A 4i5 . t--
(Unit Price Amounts shaft be shown in both words and numerals. In case of disngmicy, the amount shown in wards shall govern.)
ALTERNATE #7 (ADD):
500 LF Adjust grade of existing W HDPE pipe to allow condensate drainage, complete in place:
MATERIALSUI)b dol l
r-
SERVICES: I- ► T 1 r CI i
TGFAL ALTERNATE #7 (ADD
(Unit Price Antxwnts dial! 1te shown in
ALTERNATE #8 (ADDY.
250_ LF__ , Adjust grade of existing 12" HDPE pipe to allow condensate drainage, complete in place:
MATERIALS: h i2. '+' i2 (� 3 . l Z 7 %. me'
SERVICES �wor) l? •Z F 44 47 .
TOTAL ALTERNATE #8 (ADD) gib 5 Z 2 5 • co
(Unit Price Amounts shall be shown in bafi words ind numerals. In case of disetepatey, the amount shown in words shalt govern.)
ff 'rJ"- Bidder's Initials
Addendum I
No Text
16.
SERVICESD Yk' v a
TOTAL ALTERNATE #10 (ADD? c k�Wni r
(Unit Price Amounts shall be shown in both wads and numerals. In cast
Item Approx Description of Item & Unit Prices Total Amount
No. Otv / Units
ALTERNATE" (ADD):
475 L.F Adjust grade of existing 1 G' HDPE Ape to allow condensate drainage, complete in place:
MATERIALS_ 1h tire V 5 ( 3. 55 ILF)G► 87, ee
_----
SERVICES: t
_. TOTAL ALTERNATE #4 (ADD) `� / a 3.80 11,305.
o'
(Unit Price Amounts shall be shown in bot'l elnumerals. In case of discrepancy, the amount shown in words shall govern.)
ALTERNATE #10 (ADD):
10 EA Repair existing 4" HDPE connection, complete in place:
MATERIALS I X �u i"O U V- M1611 R*--% L 4 • Itb /EA) ( 1D4 `t . t b
) 33. 60MA
13 34�
�_ �ald► 194 /EA) (
amount shown in words shall govern.)
ALTERNATE #11(ADD):
5 EA Repair existing G' HDPE connection, complete in place:
MATERIALS Und ire 1 b /EA 8 33 '=
SERVICES: (W O k uni a�.4o ae
TOTAL ALTERNATE#i t (ADD) 1Zec Un i2 ' b / 3(oi •°-'� +�3$,°"
(Unit Price Amounts shaD be shown m both words and numerals. In case of discrepancy, the amount shown in words Awn govern.)
ALTERNATE #12 (ADD):
5 EA Repair existing 8" HDPE connection, w ,
MATERIALS.LIWC• kuy r -� :•
(Unit Price Amounts shall be shown in b&h wards and numerals. In cast of,
in place:
($ 2ro .$O /EA) (
/EA) ( :191(0 .
LWO
9-4� /Em ( 411o. �o
my, the amount shown in words shall govern.)
Bidder's Initials
Addendum i
F�.. -..
- � t
1'.
Item Approx Description of Item & Unit Prices Total Amount
No. _ Otv / Units
ALTERNATE #13 (ADD):
10 EA , Repair existing 10" HDPE connection, complete in place:
IM.
TOTAL ALTERNATE # 13 (ADD�.1gh+ hu Ad Re d -*
(Unit Price Amounts shall be shown in MA words and numeiats. in case of
ALTERNATE #14 (ADD):
3 EA Repair existing 12" HDPE connection,
> 19•8°!EA)( yt98.eyo
fYlV
op.z4btQ,re
6aD�'A� r SaO�.ao,
the amount shown in words shell govern.)
in place:
MATE VCn n u►1d dl
SERVICES
TOTAL ALTERNATE #14 (ADD) i2 hen ne cis h n nee138 °-° A y 16-7- M
(Unit Prior Amounts Shall be shown is both and numerals, In use of repancy, the amount shown in words sha0 govern )
ALTERNATE #15 (ADD):
3 EA Repair existing WHDPE connection, corn lete in place:
MATEWALi1lt°��nc�Nlf° v� i 4-1 01 .33','
SERVICES hurl] `i%83y, Sb�{,
TOTAL ALTERNATE *15(AD ) isf�{.°G 544a.
(Unit Price Amounts shall be ebawtt in wook. an d nemeralS. In case of discrnpency. the amount Shows in words shall govern.)
L.A&W-Tidder's Initials
Addendum i
--rhe 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
glans, 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
._)n 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
-,:ertified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
>ayable 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,
--end execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of S % of Rrealts4 16 id Dollars
$ A I 1�1\o ), 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 fifteen (15) days after the date of receipt of
vritten notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned
-upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
ocuments made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(a), a
Date: June 8, 2005
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.
Authorized Signature
Mark D. Westerman
- `
(Printed or Typed Name)
(Seal if Bidder is a Corporation)
;,TTicST:
WestMar• Inc.
Company
464 Bones Chapel Road
— _
'ecretary
Address
v:
Whitesboro Grayson
Bidder acknowledges receipt of the following addenda:
City, County
Texas 76273
-.Wdenda No. 1 Date 6/1/05
State Zip Code
Addenda No. Date
Telephone: 903 - 564-6302
lddenda No. Date
Fax: 903 _ 564-7367
:V ; ddenda No. Date
fAfWBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other S eci
11
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BURDM
1625 WH STREET
LUBBOCK, TEXAS 79401
PH: (806) 775-2167 FAX: (806) 775-2164
http://purchasing.ei.lubbookt Lus
rM #0"56-BM, Addendum #1
ADDENDUM G
ITB #05-056-BM
Gas Condensate Removal System and
Gas Well Field Expansion
DATE ISSUED: June 4, 2W5
CLOSE DATE: June 8, 2005 @ 2:00 P.1VL
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. Pre -bid conference questions and responses are provided by the Engineers and (attached).
2. Bidders must submit the revised bid submittal form (attached).
3. Fitting Summary table and Plan Sheet Clarifications and revisions are attached.
4. Pre -bid meeting attendee sign -in sheet(s) and planholders lists are attached.
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 lubbockus
THANK YOU,
CITY OF LUBBOCK
Bruce NWNair
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
roWgusibility to advise the City of Lubbock Purchasing MmMr if my km r�gc_aquirements. etc- or any combinations
thereof: inadvertently restricts or limits the requirements stated in this M to a gin We 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.
rM#05-056-BMAdt 1
/W-
ADDENDUM NO.1
TO: All Prospective Bidders / Plan Holders
PROJECT: Gas Condensate Removal System and Gas Well field Expansion
DATE: 06/01/2005
PSC Job No: 01-2682-04
Attention of all Prospective Sidders/P1an Holders is directed to the following modifications to the referenced Plans
and Specifications. This Addendum forms a pan of, and shall be attached to the Contract Documents, and modifies
the original Bidding Documents dated Qja2= as noted below.
PreBid Meeting Questions and Responses:
1. Question regarding handling of asbestos.
Rescpome: During trenching or drilling, any friable asbestos must be properly contained by
the contractor and taken to an approved disposal facility. Nearest asbestos disposal facility
is the BF1 landfill in Canyon, Texas. Contractor to include all handling, transportation,
trip manifests, and disposal fees to the unit price bid per ton of asbestos.
2. Question regarding soil borrow material.
Response: Soil borrow for alf trenching and other earthwork operations may be obtained
from property located on the landfill (Cell V[) and immediately west of the landfill. The
enclosed map slows the locations of these two borrow sites.
I Question regarding surveyors.
Response: Contractors may use any surveyor provided the surveyor is licensed in the State
of Texas. There are several local surveyors in Lubbock and may be found in the local
phone directory.
4. Question regarding reseeding:
Response: All areas disturbed by contractors including but not limited to trenches, drilling
locations, repair locations and haul routes must be reseeded with Buffalograss at a rate of
20 pounds per acre of disturbed area. The seed must have a commercial seed quantity and
labeled to meet the requirements of Texas Seed Law.
S. Question regarding handling of exhumed waste.
Response: City of Lubbock will provide roil off containers near the location of the project.
Contractor will placed all exhumed waste in the rot) off container as work progresses. City
of Lubbock will pick up the container and haul the waste to the disposal area Disposal cost
will not be assessed to the project for normal exhumed waste disposed at the Lubbock
landfill.
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 85th Street, Lubbock, Texas 79423
Phone (8W) 473-2200 Fax (806) 473-3500
Lubbock El Paso Midland Amarillo Odessa
The following questions were received via email.
6. Question: If HDPE DR 9 may be substituted for the Air Pro Compressed Air Piping System?
Response: No, HDPE DR 9 may not be substituted for use in the compressed air piping
system.
7. Question: On Sheet CI.O fitting summary table shows (2) V.—inch fittings on linel6. Should
these be 1 1/2-inch fittings?
Response: We have determined that this question is apparently referring to Node I.D. 1&
Given that, the response is yes. The two fittings referenced for the condensate line should
be 1 %1' x U" Tee and 11iP x 11/a" reducer.
8. Question: Bid Item #17 shows 4 check valves. The fitting summary table shows (2) 1 1/z-inch
check valves, (2) 1 1/cinch check valves and (2) 2-inch check valves for a total of 6 check valves.
Response: The correct quantity for the bid item should be six (6) valves total. Please note
that the Contractor's per each bid price should account for all three sixes based on two of
each check valve shown for sizes 1 1/cinch, I lh-inch and 2-inch. Refer to the modified Bid
Form attached
9. Question: The plans and specifications call for 60-mil HDPE skirts. Will 30-mil PVC be
accepted as an ahernate?
Response: No.
10. Question: Sheet C9 shows a KO on line GP-t that does not show up on the layout sheet. Please
clarify.
Response: KO-1-1 located at Station 2+66A6 on line GP-1 (Sheet C9.0) is correctly shown.
This knockout tank should have been shown on Sheet C&O (Gas Wells Collection system
Layout Sheet) as we1L
11. Question: The AccuFlo wellhead is mentioned as an approved alternative to the wellhead design
that is in the drawings. The mention of the AccuFlo wellhead refers to model number 1200.
Should this be model 200?
Response: Yes. Specification section 02147 "Landfill Gas Wells" (2.7) (B) (1) should read:
"Attu -Flo wellhead (Model 200) by CES L.andTEC or approved equal. "
12. Question: The model 200 Accu-Flo wellhead is a 2-inch wellhead as opposed to the 3-inch
wellhead which is shown on the drawings. Is this reduced size sufficient for the gas production at
�this landfill?
Response: Yes. The published range of acceptable flows (5 to 125 sdm) for the model 200
Accu-Flo wellhead is sufficient for this landfill.
13. Question: Define "Condensate Drain Valve".
Response: Condensate Drain Valves are installed at low points in the compressed air
supply fine and serve to automatically `'drain" any condensate or oil from the line in the
event of a dryerifilter failure. The drain valves are specified in Section 15211 "Compressed -
Air Piping" (2.6) (C). Valve locations are shown on the plan sheets.
PARKHILL, SMITH & COOPER, INC.
Engineers . Architects • Planners
4222 85th Street Lubbock, Texas 79423
Phone (806) 473-2M Fax (806) 473-35W
Lubbock EI Paso
Maw
Midland Amarillo Odessa
14, Question: Please indicate where the borrow site is located on site.
Response: Refer to drawing Al — 5 attached. Two borrow sites are indicated.
15. Question: What will the 18" KO Tanks be constructed of? Sheet C23 shows SS fittings and
Seeification Section 15458 indicates PVC.
Response: We have determined that the question is referring to Section 1S48S "Landfill
Gas liquid Knockout Unit With Pneumatic Pumping system (Submersible Pump Option)"
(23) (C). 17te liquid knockout referred to in this section is a pre -manufactured product
containing the pumping unit to be used speeificapy in the condensate collection system.
This product was specified as the minimum standard and alternate products will be
considered in the submittal phase. The knockout (18") shown on Street C23 of the plans is
referring to the midline knockouts which are part of the gas collection system. These
knockouts wig be installed in -line of the HDPE gas collection pipe. Stainless steel flanged
fittings are required for connecting the pipe to the knockout. Alternative knockouts will be
considered In the submittal phase.
Revisions to Bid Form:
16. Mobilization shall be bid as lump sum. Refer to the modified Bid Form attached.
17. The quantity for well abandonment has changed to 50 V.F. Refer to the modified Bid Form
attached.
18. The scope of the project has been increased to include adjusting grades of existing HDPE
- . gas collection lines ranging in size from flinch, 6-41nch, 8-inch, 10-inch, 12-inch and 16-inch
diameter. Locating the sags in the lines will be bid as a separate additive alternate. The sag
location process requires the Contractor profile all existing collection lines. Acceptable
methods of profiling include bui are not limited to:
a Potholing the collection line at 100-ft intervals (or less if needed) and surveying the top of
pipe to develop a line profile.
• Utilizing a probe attached to a survey rod, penetrate the ground with the probe until the probe
rests on the top of pipe. Survey the top of pipe elevation at 100-ft intervals (or less if needed)
and develop a profile.
Once the profile Is developed, provide a copy to the Engineer and Owner for determining
_., which pipe segments are to be adjusted. Grade adjustments for each pipe sire will also be
bid as an alternate. Price shall include all materials, labor, equipment, superintendence and
_ any other items necessary to adjust the tines to grade.
ra PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 85th Street, Lubbock, Texas 79423 mQw-
Phone (806) 473-2200 Fax (806) 473-35W
` Lubbock El Paso Midland Amarillo Odessa
No Text
19. Also added to the scope of the project is the repair of damaged joints to the existing flinch,
6-inch, 8-inch, Minch, 12-inch and 164nch gas collection pipeline. Specific repair locations
are not know at this time but should be located during the grade adjustment process. The
Contractor is responsible for all materials, equipment, labor, superintendence and all other
items necessary to repair the joint. Acceptable repair methods include:
a. Cutting out the damaged joint and inserting a spool piece: connected by fusion weld.
b. FRIALENO Safety Electrofusion Fittings designed for use with gas piping by Friatec
Incorporated, or approved equal.
c. NOTE: THE CONTRACTOR IS NOT REQUIRED TO EXPOSE ALL EXISTING
JOINTS. RATHER CHECK ANY EXPOSED JOINTS DURING THE GRADE
ADJUSTMENT PROCESS FOR DAMAGFIFAILURE.
20. Mote that Bid teem numbers 9 and 10 from the original bid form were deleted Quantities
for the remaining air piping have been adjusted. See Item No. 21 of this addendum. Also,
several alternate bid items were added.
Revisions to Drawings:
21. Segments of the air supply line shown on sheets CI.O through C 5.0 has been modified in
terms of pipe diameter. Drawings Al — C2.0 through C5.0 have been provided to show
which pipe segments have been modified. Quantities of each air supply line size have been
updated in the Bid Form attached. Modifications to the "Fittings" table are included on
Al- C1A.
22. Drawings Al-1 and A1-2 have been provided to show acceptable means of connecting new
branch tines to existing laterals. Sheet A1-3 summarizes all tapping locations and lists
"existing" and "new" tine diameters at each tapping location.
23. Refer to drawing. A.1-C23.0 for modifications to the wellheads. The size of the wellhead has
been reduced from 3-inch to 2-inch. The reducer is relocated to the downstream side of the
flex those allowing the use of smaller diameter hose. The changes shown apply to both the
"end of tine" and "mid -line" wellheads.
24. The mainline isolation valve detail has been modified to show the required 6-inches of soil
cover above the soil-bentonite mix.
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 65th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (8061473-36M
Lubbock El Paso
I
r►a6-P,
Midland Amarillo Odessa
END OF ADDENDUM NO. i
Respectfully submitted,
PARKHILL, SMITH & COOKER, INC.
By:
By.
Receipt of this addendum shall be acknowledged by the Bidder, below and on the bid Proposak This
entire addendum, or a copy thereof, shall be attached to the bid Proposal submitted.
ACKNOWLEDGED:
V/ &ST AA, Z.lJc.
tit . �.�1�a S 2�t
By
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
Lubbock El Paso
Ak-
Midland Amarillo Odessa
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
ible to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance
»ertificate to the City meeting all of the requirements defined in this bid/proposal.
-ontractor (Signature)
,ONTRACTOR' S FIRM NAME:
WestMar, Inc. — Mark D. Westerman
Contractor (Print)
WestMar, Inc.
(Print or Type )
ONTRACTOR'S FIRM ADDRESS: 464 Bones Chapel Road
Whitesboro, Texas 76273
dame of Agent/Broker: Workers Comp (Accord Human Resources) General Liability (Allen & Hughes)
Address of Agent/Broker:
-amity/State/Zip:
210 Park Ave, Ste 1200
Oklahoma City, OK 73102
913 N. Mill St.
Lewisville, TX 75057
igent/Broker Telephone Number: ( (405) ) 232-9888 (866) 436-4040
Date: Jjune 8, 2005
NOTE TO CONTRACTOR
Lkf the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
'urchasing Manager for the City of Lubbock at (806) 775-2165.
AID #05-056-BM - GAS CONDENSATE REMOVAL
O AL SYSTEM &GAS WELL FIELD EXPANSION
13
AGORA. CERTIFICATE OF LIABILITY INSURANCE M 05/18/2005''
pIWOVP,LR Serial # 101826
LUMIBERMIEN'S UNDERWRITING ALLIANCE
4100 ALPHA ROAD, SURE 610
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEN, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAILS
DALLAS. TX 75244
972-243-1664
INSI/HRFO
ACCORD HUMAN RESOURCES, INC.
INSURER A: LUMSERMEN'S UNDERWRITING ALLIANCE
INSURER 0:
210 PARK AVENUE. SUITE 1200
OKL AHOMA CITY. OK 73102
(406) 232-OM
INetJRr.R r..
INSURER D,
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
MIRY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MR
TYPE OF INSURANCE
POLICY NUMBER
v
IRAT
LJMIT6
6MRIU.IJABIUTY
COMMOICIAL GENERAL LW VrV
EACHOCCURRENCE i
PRM i
CLAIM$ M" mOCCUR
MED EXP oN Peram) S
PERSONAL E AOV INJURY I
GENERAL AGGREGATE S
GENT AGGREGATE LIMIT APPLIES PlUt
PRODUCTS - COMP/OP AGO I
POLICY M M toc
AUTOMOBILE
LIAINUTV
ANY AUTO
COM ooea SINGLE LIMIT I
(Ea atcidlml)
BODILY INJURY
(I>nr pNSe11)
:
ALL OWNEO AVYOR
SCHEDULED AUTOS
SOOILY INJURY
(Per stwontlpA►�A
i
HIRED AUTOS
NOMAYANJEDAUTOS
(PAW Pew Nntl GE
t
GARAGE LUMUTV
AUTO ONLY • EA C5AGG
OTHIER THAN
AUTO ONLY.
ANY AUTO
EXCESSMIBRELIALLUILITY
FICLAWSMADE
EACH OCCURRENCOCCUR
AGGREGATE
i
DEDUCTIBLE
I
RETENTION i
A
MIORKWPSCOMPERSATIOMAM
"PLOVERS' UABHLITv
PROPRIETOOOFFICEERIM MBERPEXCLUDED? ECIJTIVE
Aytc�,dmo WIW1
SPECIAL PROVISIONS
282326
04/01/2005
04/01/2006
X It.
EL EACH ACCIDENT
i 1,000.000
EL EA . EA EMPLOYEE
S 1,000.000
GL DISEAIi •POLICY LIMIT
I 1.000.000
OTHER
DeSCWTIDN OF ON"TIONII&OCATIONSIVEHICLBiIFKCLUSKM ADOEO By ETOOR""NTISPECIAL PROv;jIOt
COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF WESTMAR, INC., CLIENT # 1793.
.09 SITE: GAS CONDENSATE REMOVAL SYSTEM 8 GAS WELL FIELD EXPANSION (CITY OF LUBBOCK LANDFILL).
FAX TO CLIENT Q 903.564-7367.
CERTIFICATE MOLDER CANCELLATION
S140UM ANY OF THE ABOVE DESCRIBED POLICIES OP CANCELLED BEFORE THE EAPIPATION
DATE THEREOF. THE 153U;W3 INSURER VMLL ENDEAVOR TO MAIL 30 DAYS WRITTEN
CITY OF LUBBOCK
NOTICE TO THE CERTIFICATE MOLDER NAMED TO THR' LEFT, BUT FAILURE TO 00 SO SINLL
ATTN: VICTOR KILLMAN
WpOSE No OQUGATONOR L WILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
162613TH STREET ROOM 204
A'U'TIO0II1E1?RS1RESENTATIVE
LUBBOCK, TX 79401
ACORD 26 (2001101)
I�
t
iv
TOTAL P.01
It1 Qw--
L.:
L
ACORD CERTIFICATE OF LIABILITY INSURANCE
E �11 2005
PRODUCER Allen tit. Hughes Insurance
913 N Mill St
Lewisville TX 75057
THIS CERTIFICATE 1S ISSUED AS A MATTER OF WFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLE BELOW.
INSURERS AFFIORMGi COVERAGE
INSU11ED Westmar, Inc.
464 Bones Chapel Rd.
Whibesboro TX 76273
iNsvpmt American International Slxxialty Lines Ins. Co.
INSURER a Progressive
IN8UFMC.
INSURER D:
INSURM E. Essex Inswance Company
rr�vaoarcc
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH VMS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIOMS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NINNIER
POLICY �CTNE
POLICl/W TN>#1
LIIaTS
7EMUABI./TT
UW ALGIINUM LIABIUTY
CLAIMS MADE NIOCCUR
Prop 1354754
08/172004
08/17/2005
CURRFJNCE
3,000,000
F AWQE am be
100,000
1 000
A ACV
3,000,000
GEae TE
3,000,000
L AGORW&TE UMIT APegfS PER:
Y
3 OW 000
B AW
X
{
i
101101MI LIA"u'Y
ANY AUTO
ALL OWNED AUTOS
SCHEDULODAUTOS
HIRED AUTOS
NON OWNER AUTOS
02557912-1
O3/31/2005
03/31/2006
COLIIINED SINGLE LINT
(eeIe
$ 1,000,000
SO L
i
BODILY INJURY
(PoQPrODPWITYDAMAGE
_
(Pwaaold�n0
f
OMAGE LIARRMY
ANY AUTO
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S
OTHER THAN EA ACC
AUTO ONLY:
S
as UAaLRY
OCCUR ❑ CLAIMS MADE
DEDUCTIBLE
RETENTION
W01MCMtaC01WEN611TNMiAND
IMPLOYERS, LIA/InTY
STA OTH.
E
On6R
Cont. Equipment
D4D6348
/2004
09/25/2005
Rented ELIu4mie tt
$250,000 any one item
$500,000 any one disaster
DESCMPTIONOFOPE11ATOMRLOCA7101tlAJEWLEIIEXCLUMONSAD=I ENDORSEIENT/aPEC1ALPROWDONS
Ref: $id#1TB #05-056-BM "Gas Condensate Removal System & Gas Well Field Expansion"
CFLiTIFICATE Mns nvw 1 1 . f]AIMMI I ATN'W
iNOLA.D ANY Or US AW)Va MIaCiMED POUCMB M CMCW D§ffUW Tin UM MUM
City of Lubbock
DATE THB►EOF, THE 111111111110 VON" WILL OMAVCR TO NAIL 0 DAYS WRnTMI
1625 13th SDem Room 204
NOT" TO THE CENWICATE NOUNR NAN TO THE LIFT, Bin' FAa.UIE TO DO 00 MALL
Lubbock TX 79401
NPOU NO OBLOATON OR UAWLMY OF ANY MD UPON TIN O MMR RL AGOM OR
T
MnHcnim pemm NTAT1va Grant Allen
Auvrw 40-0 klivii W AGE ND CORPORATION 1BBe
V►�06-
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
I WeC4!5" kATkOIC- SerOle-i D
2. 0 0
3. D 0
4. D D
5. 0 D
6. D D
7.
8. D 0
9. D D
10. 0 0
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH
INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO
SECTION 28G OF THE GENERAL CONDITIONS.
12
p
- 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:
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.
Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural
Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health
Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB),
agencies of local governments responsible for enforcing environmental protection or worker safety related laws
or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
C. Convictions of 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)
questions and submit them with their bids:
QUESTION ONE
,,
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 OSHA within the past three (3) years?
YES NO X
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.
�.W
tMJ�
7' 14
I
--x 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 X
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,
corporation, 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 X
If the bidder has indicated YES for question number three 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, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected.
Signature Mark D. Westerman
Vice President
Title
15
SUSPENSION AND DEBARMENT CERTIFICATION
Ie
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).
l_ 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.
l., 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 NAME: WestMar, Inc.
Signature of Company Official:
Date Signed: June 8, 2005
Printed name of company official signing above: Mark D. Westerman
W/ku
A
16
Bond No. B060805
Know all Men by these Presents:
THAT WE,
Westmar, Inc.
as principal, and the Travelers Casualty and Surety Company of America, corporation of the State of
Connecticut, having its principal place of business in Dallas, Texas, as surety, are held and firmly bound
unto
City of Lubbock, Texas
as obligee, in the sum of
Five Percent of amount bid ( 5% GAB) in------------------------------------------------------------------
Dollars, lawful money of the United States of America, for the payment of which, well and truly made,
we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
SIGNED, sealed and dated this 8th day of June, 2005.
WHEREAS, the said principal is herewith submitting its proposal for
Gas Condensate Removal System Bid # 05-056-BM
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be
awarded the contract upon said proposal, and shall within the required number of days after the notice of
such award enter into a contract and give bond for the faithful performance of the contract, then this
obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the
difference in money between the amount of bid of the said principal and the lowest amount for which the
obligee may legally contract with another party to perform the said work if the latter amount be in excess
of the former; but in no event shall the surety's liability exceed the penal sum hereof.
Westmar, Inc.
�"MYV
Mark Westerman, President
Travelers Casualty and Surety Company of
America
16). 614�
Ross W. Garrett, Attorney in fact
ml1w
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARAUNGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSO-NS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELLERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Ross W. Garrett, Karen P. Hutcherson, DeeAnna Price, of Euless, Texas, their true and
lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the
United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents
incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized
officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
- Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
- COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
_...r (11-00 Standard)
yNl j)Gu-
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 9th day of April 2002.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
*gyp BllAfnC cgJrVtY AHOASU,y�1
s' HApTF6RM a HARTFORD, < i 1982 O
CONN. g CONN. o
�• �`�� '`b� y �Nya� bey * ��,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
George W. Thompson
Senior Vice President
On this 9th day of April, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this ell-k- day of
�t.vvut.J , 2005.
sow U4611
o gJr`lv AND
SG
((?IHI"AR
*
FFORD a NARTFORD, < c� l 9 8 2 o BY
CONN.� a Kori M. Johanson
Assistant Secretary, Bond
LIC
PAYMENT BOND
0
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that Westmar, Inc. hereinafter called the Princ'
( tpal(s),
as
Principal(s), and
Travelers Casualty and Surety Company of America
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound�u�rotCity of Lubbock (hereinafter called the
Obligee), in the amount of H.JmJ Furl_rv4e*Tk,-i�e*4:9,F t�uwt+ftf Igo l rs ($ 744,668, ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
2005 ,to Install Gas Condensate Removal System & Gas Well
Field Expansion Bid#05-056—BM
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
28th day of June 2005
Travelers Casualty and Surety Company of America Westmar, Inc.
Surety (Company Name)
By; Mark Westerman
(Title) Attorney -in -fact (Printed Name)
(Signature)
S t/, President
(Title)
1
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Kevin 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.
tMcawlers Casualty and Surety agar y cf Pnerica
Surety
*By: 40-s- CU
(Title) Att��rny—ire-fit
Approved as to Form
City of Lubbock `
Y
i 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.
1;
l
L
i
i 2
TRAVELERS CASUALTY AND SIURFTY COMPANY OF AMERICA
TRAVELERS CASUALTY AIND KMETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06.1t13-9062
POWER OF ATTORNEY AND CERTIFICATE O�F AUTHORITY OF ATTORNEY(S)-IN•FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Ross W. Garrett, Karen P. Hutcherson, DeeAnna Price, of Euless, Texas, their true and
lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the
United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents
incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized
officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
0 1-00 Standard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 9th day of April 2002.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
)SS. Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
Hyxm IRx _''VY A
*�S�frY eJP HDSG �CASpUcq�r
y '
HARTFORD, a HARTFORD, < u' * O B
y -
1982 O
��C,rt �b CONN. D�a�*,a George W. Thompson
`y * +`' Senior Vice President
On this 9th day of April, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
-- AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
G.TEt
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this age`' day of
fir,,,^ 19-.' 12005
_� F OSURfO, gJr�tY Ali, CPksu
04
HARThTORE�ja w HARTFORD, < Z 1982 O
CONN. CONN. n
By
KoriM.Johanson
Assistant Secretary, Bond
QNOEI aDwyR auld
4�y
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that Westmar' (hereinafter called the Principal(s), as Principal(s), and
Travelers Casualty and Surety Company of America.
(hereinafter called the Surety(s), as Surety(s), are held and firmly boon ynt Vi of Lubbock (hereinafter called the
Obligee), in the amount 44, 668. ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
,20_,to install Gas Condensate Removal System & Gas We1T
Field Expansion Bid #05-056-BM
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of.said contract which contract is hereby referred to and made a part hereof as fully.and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 28th
day of _ June , 20 05 ,
Travelers Casualty and Surety Company of America
Surety
* By: /��yc/ ✓�G
3 (Title) Attorney -in -fact
1
Westmar, Inc.
(Company Name)
By: Mark Westerman
(Printed Name)
(Signature)
V-President
i
i
i
i
r
i
i
i
i
i
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Kevin 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.
'Aac-less Casualty aryl Sleety C3tfariy of Anarica
Surety
*By: X� 4J-. 44 M�
(Title) Attt�y--in-fact `
Approved as to Form
Ci f Lubbock
By:
C Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
g
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.
i 2
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMING i ON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFCA,TE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Ross W. Garrett, Karen P. Hutcherson, DeeAnna Price, of Euless, Texas, their true and
lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the
United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents
incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized
officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
-- (11-00 Ctnndnrdl
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 9th day of April 2002.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS. Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
!*M O'$rf,C °P JrviY AryG Sp O Go`i�p<
14 G a
F
"�' HAFiiFOFiiI, a'e a HARTFORD, < ��1 1982 O
COM. j CONN. o Z * l
���
By.
George W. Thompson
Senior Vice President
On this 9th day of April, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this .7844` day of
3ttwl., 12005.
0 swrfry SJP_[Y ANps �,ASt/,�4 _
AR."
a O ARTFORD,1 a ¢ HARTFORD, 4 O 1982 O ByCOS CONN. 0 a Kori M. Johanson
yOV� r �`61 *�da� b`y * ��, Assistant Secretary, Bond
CERTIFICATE OF INSURANCE
r -
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is,
at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for
the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG $
0 Occurrence
Personal & Adv. Injury $
❑ Owner's & Contractors Protective
Each Occurrence $
❑
Fire Damage (Any one Fire) $
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
❑ All Owned Autos
Bodily Injury (Per Person) $
❑ Scheduled Autos
Bodily Injury (Per Accident) $
❑ Hired Autos
Property Damage $
0 Non -Owned Autos
0
GARAGE LIABILITY
❑ Any Auto
Auto Only - Each Accident $
❑
Other than Auto Only:
Each Accident $
Aggregate $
0 BUILDER'S RISK
0 100% of the Total Contract Price
$
❑ INSTALLATTONFLOATER
$
EXCESS LIABILITY
0 Umbrella Form
Each Occurrence $
Aggregate $
❑ Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ ❑ Included
Statutory Limits
Partners/Executive ❑ Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer) E
MUST BE SENT TO THE CITY OF LUBBOCK 1
By:
Title: I
The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on
General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock.
Jul 11 2005 16:38
HP LRSERJET FAX
P.1
ACORD CERTIFICATE OF LIABILITY INSURANCE
11/2005
PRODUCER Grant Allen Insurance
913 N Mill St
THIS CERTIFICATE IS ISSUED AS A MATTER OFORMATION
ONLY AND CONFERS NO RIGHTS UPON THEERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEN
JXTEND OR
Lewisville TX 75057
ALTER THE COVERAGE AFFORDED BY THE POES
BELOW.
INSURERS AFFORDING COVERAGE
INSURED Westmar, Inc.
INSURER A: American International Specialty Lines Ins.
Co.
INSURER B: Pr0 essive
464 Bones Chapel Rd.
Whitesboro TX 76273
INSURER C:
INSURER D:
INSURER E' Essex Insurance Company
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOI
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAN
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
VVITHSTANDING
BE ISSUED OR
rIONS OF SUCH
I To MR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LI111T8
EACH OOCURRENCE
S_
3,000,00(
°ENERAL1.1"ILITY
X COMMERCIALGENERAL LIABILITY
CLAIMS MADE a OCCUR
Prop 1354754
08/17/2004
08/17/2005
FIRE DAMAGE (Any one fire
1()0,00(
MED EXP (Any one emon
_
10,00(
PERSONAL NA ADV INJURY
3,000,00(
GENERAL AGGREGATE
S
3,000,00C
GEN'LAGGREGATELIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
S
3,000,00(
POLICY PRO LOC
B
AUTOMOBI.E
UABILrrY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
02557912-1
03/31/2005
03/31/2006
COMBINED SINGLE LIMIT
(Ea aodderQ
;
1,000,00(
BODILY INJURY
(Perpersor)
F
--
X
BODILY INJURY
(Peraccident)
S
HIRED AUTOS
NON-O`WNF�AUTOS
F]
PROPERTY DAMAGE
(Per accident)
5
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
91
OTHER THAN EA ACC
AUTOONLY: AGG
ANY AUTO
•---
EXCESS LIABILITY
OCCUR CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENrON
WORKERS COMPENSATION AND
WC STATU I OTH-
EMPLOYERW UABILITY
E.L EACH ACCIDENT
E.L. DISEASE - EA EMPLOYE
E.L. DISEASE - POU Y LIMIT
E
°
lCo"713quipruent
IMD6348
08/25/2004
08/25/2005
4
$250j000
$500,
ated Bquipmeni
any one iterr
any one disaster
DESCRIPTION OF OPERATIONSILOCATIONSNEHCLESIEXCLU$WNS ADDED BY ENDORSEMENTJSPECIAL PROVISIONS
Waiver of subrogation in favor of the City of Lubbock
City of Lubbock named primary additional insured on General Liability & Auto Liability
CERTIFICATE HOLDER X I ADDITIONAL INSURED R L CANCELLATION
City of Lubbock
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED B
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
ORE THE EXPIRATION
0 DAYS WRITTEN
1625 13th Stmet, Room 204
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAMURE
TO DO SO SHALL
Lubbock TX 79401
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INS )RER,
ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE Grant Allen
Jul 10 05 08:15p WESTMRR INC 9035647367 p.l
WestMar, Inc.
464 Bones Chapel Road
Whitesboro, Texas 76273
(903)564-6302
(903)564-7367 Fax
July 8, 2005
City of Lubbock
PO Box 2000
Lubbock, TX
Gentlemen:
This is our Affidavit stating that WestMar, Inc. will not have any employees onsite. They will be
leased from Accord Human Resources.
Very truly yours,
WestMar, Inc.
x" /). wgt 1�%--
Mark D. Westerman
Vice President
- Jul 11 05 01:26a WESTMRR IMC
9035647367 P.I.
" `w-p L4-cl MEI
LUMBERVS UNDERWRITING
AC W,,, CERTIFICATE OF LIABILITY INUUKAmt;t 9722438275 P.01i01
PRoouCEq 07A 112006
Seri8111 101826 THIS CERTIFICA ISSUED AS A MATTER OF INFORMA
LUAIOl91 MMV UNDERWRITING ALLIANCE ONLY AND CONFERS NO RIOM UPON THE CERTIFICATE
4100 ALPHA ROAD. SUITH sic
HOLDER. THIS CERTIFICATE DINS HOT AMEND, EXTEND OR
. 1 DALLAS. TX 75244
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sr"43-ISU
wauRED
INSURERS AFFORDING COVERAGE NAIC9
ACCORD HUMAN RESOURCES, INC.
siSUMR A: LUMBERIMEN'S UNDERWRITING ALLIANCE
210 PARK AVENUE, SUITE 120D
INSURE" w
OKLAHOMA CITY, OK 73102
wstmER C:
-
(405) 232-9W
rISURER D:
MYSURER E:
C'
7HE POLICIES Of INSURANCE LISTED BELOW NAVE BEEN MGUEO TD THE WWRED NAMED ABOVE FOR THE POLICY PERIOD WOICATED. NOTWFiHSTANDINfi
ANY REQUIREMENT. TERM OR CONDnjom OFANY CONTRACTOR OTHER
DOCUMENT WITH RE$PECTTO WMCN THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFOROGO OV THE POL"S OEBCNBEO HEREIN IS SUBJECT
TO ALL THE TERMS
POUCI6S, AGGREGATE LUTE SHOWN MAY HAVE SEEN ROUCEO BY PAID CLAM. EXCLUSIONS AND CONDITIONS OF SUCH
TYPE OF imIni"N - mac.NLvwR
- '
GOERBL LIA1111L1iY
�
CDMMtRGAL OFNERILL LV18gJ1Y
EACH OCCURRENCE_
CLAMS WADE 13 OCCUR
'+ lER a uonc�s.
we0 EXP IAny onY wmm s
-,
PERSONAL&AOVINJURY i
CENT AGMGATE LIMIT APPLIES PEE
qgNERAL AGGREGATE s
P Y lOC
PRODUCTS • COW)OV AGO i
"-�
AU1oMDSTLE
LV OILITY
AW AUM
SINGLE UNIT i
ALL OWNED AUTOS
S0HEDULEDAWC9
9—IL, WAY i
W IRIAUT0C
NONwOWNEDAUTOS
SODLY INJURY i
v.alid"))
--�
rrpM �ECYpg7U -� i
GARAGE
LN9UTY
ANYAUTO
ONNLY-EAACClnrtkT i
OTHER THAN EAACC S
AUTO ONLY.,
-
FItCEsinnArRlWa YAEILITr
AGG S
OCCUR MCMMSNWDE
EACH URRENCE S •
—t
ACCRE"TE E
OEOUCTIBLE
i
-
RFTiNT10N i
s
A EMIq.OYfRSO LMB fflbhl AM 28282$
s
04101=05 04/01/2006 X T
RiTRIE
CYFlL�RM
L
ELEACHACCIOEW 4 1.000 QOD
UuIIfgqA��/I�ANY
._ B�NI.TPRw10 11bWlr
ELOIS •EA EiNPLO s , OQQ
OTHER
ELWEAgE•POLICY LoET T 000
-- oEel�PnoNaaPeuTlo�alaocA�wrslveHlw�eEausloNSAoao�roiooRe�w►aP�cuLwlawswNs
COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF WESTMRR. INC., CLIENT 111793.
JOB SITE: OAS CONDENSATE REMOVAL SYSTEM dl GAS WELL FIELD EXPANSION
WAIVER OF SUBROGATION APPLIES. -
(CITY OF LUBBOCK LANDFILL). "BLANKET
FAX TO CLIENT ® 803-5e4.7367.
CER nCATE N
NCEI LATIDIV
SHOULDANY OF THE ABOVE 13ESMS M POLICES 96 CANCELLED BEFORE THE EXPIRATION
CITY OF LUBBOCK
DATE THEREOF, THE 4$VMG RGURER WU ENDEAVOR TO M&. 30 DAYS YVRITTFN
ATTN., VICTOR IOLLMAN
NOT" TO THE CERTIFICATE HOMR NAMED TO TE LERT. our FAILURE TO 00 SO SHALL
1625 133TH STREET ROOM 204
IMPOSE NO OOLIGATION OR LIABILITY OF ANY KIND UPON THE UaURER. ITS AGENTS on
LUBBOCK, TX 79401
REPIIESENT TArE9.
AIITI1011ElD REfRESENTATNE
ACORD 2$1m41101)
®ACORD CORPORATION 10"
TOTAL P.01
Jul 08 05 03:55a
WESTMAR INC
9035647367
P. I
CbmpS6u e- abb ffi-ka
The Source for workers campeasat/afi Insurance
AGENCY: MESSER-BOWERS COMPANY
AGEKT -.,,,aOHN
BOWERS..
WESTMAR INC
...464 'BON-ES'.CHAPEL *--Rb'v
-.-wHf!iESB'OR'6_'--TX
AGi:
THIS IS TO'CERTIFY T, T, PO'L_1CY IN" t-NAME CFO:
US
5SAS"advt
..WEDER:SERVICk9 INC!-,
RED
-PO'-BOX1087
R' ESTMERT-ft 11(C-.-
WOODWARD OK 73802 Err; 05/04/05 EXP: 10/01/05
IS IN'FORCE'O'i'THE DATE HEREOF, AS FOLLOWS:
-CERTIFICATE OF INSURANCE APPLIES ONLY TO LOCATIONS AND OPERATIONS
.WITHIN THE STATE OF
ORI
EXTRA
D T36
"A�j OAND EXTRA T ORIAL JURISDICTION.
-POLICY-DOES NOT R
THIS CO,Col R Es
WORK WHILE PERFORMING WORK
A 0
M
HIRED-IN OKLAHOMA AND SPECIFICALLY A ORDED COVERAGE BY ENDORSENEN-T--, -
KIND OF INSURANCE: WORKERS COMPENSATION AND EMPLOYERS LIABFLITY
, r r I , 1
lip .5 ".0 M" F Non j nsif rance
". W1601''EAR LLqgt
POLICY E
PERIOD:
ILE; 1-0 0
E k- P ' IR 'E'S" 1 0 :4T:.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY/AMENDS
EXTENDS OR ALTERS,THE:.0 - G -,-,AFFORDED ..IN THE .9 PESCR�;P]�Q-_, HEREIIJ,,,
LIMITS OF LIABILITY:
WORKERS COMPENSATION INSURANCE: FULLY COMPLIES WITH THE REQUIREMENTS OF
.... . ... .. -E.
_4'TH STIATI - C
EMPLOYERS LIABILITY :' NSU]kANCE:
BODILY INJURY BY ACCIDENT 1,000,000 EACH ACCIDENT
BODILY,:. INJURY -BY, .DISEASE- ,�14001,-000 EACR :EMPLOY ;;
BODILY
E4�. ..... .....
.06, T-1
THE DESCRIBED POLICY IS A STANDARD OKLAHOMA WORKERS COMPENSATION AND EMPLOYERS
'LIABILITY 'POLICY APPROV91�,# tT X rE STA' VtOFt�T
ASUAL
THE EVENT' OF ki�ANY Tkfid Lt_dRANGE i IN i", 3 63 R CAN'PIOf=°-OF sma-vot THE
UNDERSIGNED COMPANY WILL GIVE A 10 DAY WRITTEN NOTICE TO THE PARTY TO WHOM
THIS CERTIFICATE IS- -,.,ISSUED,#... AUT FAI4=. ,TO-G1VE,..SUC If -NOTICE;- SH4LJ,..xIMPOSE NO
OBLIGATION NOR- LIABILTTy'UPON::*THE
CO iFANX SIg"D 06430 AT IT
OKLAHOMA CITY, OKLAHOMA OFFICE.
COMPSOURCE OKLAHOMA
Rz UNDERWRITER.-
SRI
Jul 11 05 03:11a WESTMAR INC 9035647367 p.1
07/11/2005 15:09 5802566997 WEDER SERVICES PAGE 01
Eder Services, Inc.
PO Box 1 087
Woodward, OK 73802
PH (580) 256-9371 Fax (580) 256-6997
To: City of Lutbock, Tx,
From: Weder S:xrvices
7/11/05
All of the Wede, Services employees are based in Oklahoma.
Thank you,
Tommy W. Wec or
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:
(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
4! 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.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"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
() p p j()()
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
during the duration of the project;
rill,
i
I
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter; -i
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 F
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-_f
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services. n
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E i � ��'i �mwt Mvao• :i I`ta.
CONTRACT #5977
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 23RD day of JUNE, 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 WESTMAR, INC. of the City of WHITESBORO, County of GRAYSON 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 #05-056-BM - GAS CONDENSATE REMOVAL SYSTEM & GAS WELL FIELD EXPANSION-$W4, X0
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. WESTMAR, INC.'s bid dated JUNE 8, 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
payment on account thereof as provided therein.
IN WITNESS WHEREOF,
Texas in theyear and day fir/
CITY
LE
0
A T:
City Sec etary
►rties to these presents have executed this agreement in Lubbock, Lubbock County,
written.
(OWNER):
APPROVED AS TO CONTENT:
O 's Repres t ive
Direc or
VED AS T FO
City Attorn y
CONTRACTOR:
WestMar, Inc.
iggy
ON MIR
Bosom
COMPLETE ADDRESS:
WestMar, Inc.
464 Bones Chapel Road
Whitesboro, Texas 76273
ATTEST:
Corporate Secretary
GENERAL CONDITIONS OF THE AGREEMENT
AT
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 WESTMAR, INC. has agreed to perform the work embraced in this contract,
or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative JOHN COBB, LANDFILL MANAGER, 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.
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
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
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
said lines and grades are necessary for the commencement of the work contemplated by these contract documents j
or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall -
2
'f 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.
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
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
L, 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
�- 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
14.
15.
suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension
will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor
shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed.
All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the
Owner's Representative at Contractor's expense.
OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the
authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the
contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in relation to
said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to
the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of
any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are
consistent with the obligations of this Agreement and accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor
may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision
by competent and reasonable representatives of the Contractor is essential to the proper performance of the work
and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
,y 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
a 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.
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
Y 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
t- and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
d 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
j 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
22.
23
FZI
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 home 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 t
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use
in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or
not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of
written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise
remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any
remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount
of work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
EXTRA WORK s
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,
L_1
f-
s
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
wo
27
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 F1211
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.
F11
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. 1-1
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate
t 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
ENDORSEMENT. 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 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)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
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 bodily injuries, including accidental death and or property damage, LO Combined Single Limit. This
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, $500,000 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 ❑406.096, 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 foodibeverage
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.
3. 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.
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.
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.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
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.
G. 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;
f
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after. receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related
s 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 512/804-
4000(http.11www.twcc.state.Mtts/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 rovide services on a project,
,> () Y q P p p j
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
29
30.
E
1
"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.";
F1
(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; U
(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 r ,
(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.
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of
such individual in regard to job application procedures, the hiring, advancement, or discharge of employees,
employee compensation, job training, and other terms, conditions, and privileges of employment.
PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EOUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees,
harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in
11
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.
34
35
36.
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 $200 (TWO 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 fined 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
TMM IS OF THE ESSENCE OF THIS CONTRACT.
TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of
prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance
with this contract, the plans and specifications, and within the time of completion designated in the bid; provided,
also, that when the Owner is having other work done, either by contract or by its own force, the Owner's
Representative may direct the time and manner of constructing work done under this contract so that conflicts
will be avoided and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and
expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except
when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the
Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts,
acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written
request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative
within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's
Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission
1C
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.
F37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage
shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to
be estimates, for the various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their 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 ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and 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.
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
a expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of
Owner's Representative.
41.
Elm
43
44.
1i7ri/iMIM
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall
prepare a certificate for partial payment showing as completely as practical the total value of the work done by
the Contractor up to and including the last day of the preceding month. The determination of the partial payment
by the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said
time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
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.
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45. CORRECTION OF WORK
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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 provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
3 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
3 that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days
after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply
with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the
Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall
be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the
Contractor, no further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work
any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials
and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; 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
1 (1
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
r 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
} 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
1- 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
54.
55
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.
CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any parry, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in
the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion.
If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five
(5) days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible
for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
21
CURRENT WAGE DETERMINATIONS
RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Fire Sprinkler Fitter -Journey
Fire Sprinkler Fitter -Apprentice
Floor Installer
Glazier
Insulator-Piping/Boiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Hourly
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
I
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
.3 Craft Hourly Rate
Asphalt Heaterman
9.00
Asphalt Shoveler
7.50
Concrete Finisher
9.00
F 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
.i Mechanic -Helper
7.00
g_
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
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7.00
EXHIBIT C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
.4. C 1
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
SPECIFICATIONS