HomeMy WebLinkAboutResolution - 2002-R0496 - Contract To Install Bore Under Highway 84 -Jack's Roadboring Pipeline Const. Co. - 11_14_2002Resolution No. 2002-RO496
November 14, 2002
Item No. 38
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract to install a forty-
eight inch bore under State Highway 84 and BNSF Railroad, by and between the City of
Lubbock and Jack's Roadboring Pipeline Construction, Inc. of Snyer, Texas and related
documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 14th daN7 of
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
A, kja
Victor K'111m6i,Purchasing Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
gs/ccdocs/Contract-Jacks Roadboring Pipeline.res
Nov. 1, 2002
November ?nn?
invitation To Bid
-1TB 0242-02/BM
Resolution No. 2002—RO496
November 14, 2002
60,!410 CHECK Item No. 38
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Install Forty-eight Inch Bore Under State Highway 84 and BNSF Railroad
Sealed bids addressed to Victor Vilmon, Purchasing Manager, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Building, 1625 13th Street, Room 1-04, Lubbock, Texas 79401 until 4.00 o'clock P.M, on
the 16th day of October, 2002 or as changed by the issuance of'formal addenda to all planholders, to furnish all labor
and perform all work for the construction of the following described project:
Install Forty-eight Inch Bore Under State Highway 84 and BNSF Railroad
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
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, Texas. Each bidder's
attention Is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore
established by the City of Lubbock.
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 or national origin in consideration for an award.
Nalr
Senior Buyer
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SECTION 01010
SUMMARY OF WORK
PART 1 GENERAL
1.1 WORK COVERED BY CONTRACT DOCUMENTS
A. The Work of this Contract consists of installation and construction of a 48" Steel
encasement under State Highway 84 and B.N.S.F. Rail Road at the intersection of F.M.
835. Located approximately 2 miles southeast of the City Of Lubbock, Texas.
B. The encasement will be installed to hold a 36" SCRC Effluent Sewer Line.
C. The contractor will be responsible for the following:
1. Construction of the bore in accordance to B.N.S.F.
Rail Road and Texas Department of Transportation rules, regulations, and
policies.
2. Installation of a 48" Steel Encasement into the constructed bore.
3. The bore is to be the entire distance across the Rail Road ROW
and SH84 ROW.
D. The City of Lubbock will furnish the Steel Encasement.
E. The following are General Special Provisions provided by the permit for the Encasement
crossing SH 84:
1. Casing for the buried sewer line will be bored beneath the roadway at SH 84
Station 173+68 at a minimum cover of 36" below bottom of ditches and
roadway structures.
2. Marker and/or vents shall be placed at each ROW of the crossing.
F. The following are General Special Provisions provided by the permit for the Encasement
crossing the.BXS.F. Rail Road ROW.
1. Casing for the buried sewer line will be bored beneath the Rail Road at
a minimum cover of 10 feet below the base of the rail to the top of the
encasement.
2. The encasement will be bored with a minimum ground cover of 3 feet
throughout the entire Rail Road ROW.
3. The encasement must be installed by Dry Bore Only.
1.2 CONTRACTS
A. Construct the Work under a per unit cost contract.
B. Contract time for the work to be performed will be 30 calendar days from the date of Notice
to Proceed. Notice to Proceed will be given with the award of the contract. The Liquidated
damages will be $50.00 per day.
Exhibit A
Material List for Pipeline Construction
Item Unit Quantity Description
1 Linear Feet 400 Install a 48" encasement as shown in the
provided plans under State Highway 84 and
BNSF Rail Road at the intersection of FM 835.
BID FORM
UNIT PRICE BID CONTRACT
PROJECT NO.: 0242-02/BM — Install Forty-eight Inch Bore under State Highway 84 and 13NSF Rail Road
Bid of
'I.
called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of:
Install Forty-eight Inch Bore under State Highway 84 and BNSF Rail Road
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of
the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, 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, of which this proposal is to be a part, is as follows:
BiD ITEM DESCRIPTION UNIT PRICE QUANTITY
(PER Linear Foot)
1 Bore and Install an (owner provided) 48-Inch
diameter encasement, of 400 Linear feet,
as shown In the plans under State Highway 84
and BNSF Rail Road at the intersection of c o
FM 835. $ b,>,�T / (LF) 400 LF
2 Available start date: /Ud vt.r)� � G
TOTAL BID: ($__I _4P4c(_ _ )
Amount shall be shown In both wordt an figures. In case of discrepancy, the amount shown in words_ shal'1 govern.
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice
to Proceed" of the Owner and to fully complete the project within 30 (THIRTY) consecutive calendar days thereafter as
stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay Owner as liquidated
damages the sum of $50.00 (FIFTY DOLLARS) for each consecutive day in excess of the time set forth hereinabove for
completion of this project.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work
and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid,
and he further agrees to commence work on or before the date specified in the written notice to proceed, and to
substantially complete the work on which he has bid; as provided In the contract documents.
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S 1.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and Include all contract
documents made available to him for his Inspection in accordance with the Notice to Bidders.
Contractor
BY:
(Seal if Bidder is a Corporation)
AT EST: .
0- �n 4-)1- an
Secretary
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B. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile'Liability Insurance with
limits of not less than;
Bodily Injury/Property. Damage, $1,000,000 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 an additional
insured on this policy for this specific job and copy of the endorsement doing so is
to be attached to the Certificate of Insurance.
C. Excess Liability: Umbrella form per each occurrence 1 000 000.
D. Worker's Compensation and Employers Liability Insurance (STATUTORY)
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.
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
food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
2. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing
services on the project, for the duration of the project.
The Contractor must provide a certificate of coverage to the
governmental entity prior to being awarded the contract.
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 inconformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this
contract, insurance protection as hereinafter specified. Coverage in excess of that
specified herein also shall be acceptable. Such insurance shall be carried with an
insurance company authorized to transact business in the State of Texas and shall cover
all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each
subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted prior to contract execution.
The Certificates of Insurance furnished by the Contractor and Subcontractors shall
name the City of Lubbock as an additional insured. If no subcontractors will be
used, said insurance certificate shall be accompanied by a written statement from
the Contractor stating to the effect that no work on this particular project shall be
subcontracted.
A. General Liability Insurance
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:
Premises and Operations
Explosion & Collapse Hazard,
Heavy Equipment Endorsement
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
Fire Damage (Any one fire)
Medical Expense (Any one Person)
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 14th day of November. 2002 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 JACK'S ROADBORING PIPELINE CONSTRUCTION of the CITY OF
SNYDER, COUNTY OF SCURRY and the STATE OF TEXAS hereinafter termed CONTRACTOR.
W ITNESSETH: 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 #242-02/BM- install Forty-eight Inch Bore under State Highway 84 and BNSF Rail Road - $140,000.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall
have been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above w(tten. .-,?
ATTEST:
Secretary
APP OV AS TENT:
Owner's Representative
APPROVED AS TO FORM:
City Attorney
ATTEST:
Corporate Secretary
CITY OF L BOCK, T WNER)
By
MAYOR
CONTRACTOR:
JACK'S RO BORIN PIP INE CONSTRUCTION
By;
PRINTED NAME:t
TITLE:
COMPLETE ADDRESS:
Jack's Roadboring Pipeline Construction
3518 S. Hwy 208 / PO Box 1273
Snyder, TX 79550-1273
(6) A provision that written notice shall be given to the City ten days prior to
any change in or cancellation of the policies shown on the certificate,
(7) The certificate or certificates shall be on the form (or identical copies
thereof) contained in the job specifications. No substitute of nor
amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to
complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a
project, for the duration of the project based on proper reporting
of classification codes and payroll amounts and filling of any
coverage agreements;
(b) provide a certificate of coverage showing workers' compensation
coverage to the governmental entity prior to beginning work on
the project;
(c) provide the governmental entity, prior to the end of the coverage
period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the Contractor's
current certificate of coverage ends during the duration. of the
project;
(d) obtain from each person providing services on a project, and
provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning
work on the project, so the governmental entity will have
on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor,
a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the
project;
(e) retain all required certificates of coverage on file for the duration
of the project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or
should have known, of any change that materially affects the
provision of coverage of any person providing services on the
project;
(g) post a notice on each project site informing all persons providing
services on the project that they are required to be covered, and
stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's
Compensation Act or other commission rules. This notice must
(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.
F. 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.
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.
6 The Contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified
mail or personal delivery, within 10 days after the Contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
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 Ahe 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
City Of Lubbock
Public Works Engineering
48" Bore under State Highway 84 and BNSF Rail
Road
October 2002
(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.
4. Owners Representative
The Owner's Representative for this project is Chester'Ches' Carthel, Senior Civil
Engineer, City of Lubbock, Lubbock, Texas.
"By signing this contract or providing
or causing to be provided a
certificate of coverage, the person
signing this contract is representing
to the governmental entity that all
employees of the person signing this
contract who will provide services on
the project will be covered by
workers' compensation coverage for
the duration of the project, that the
coverage will be based on proper
reprinting of classification codes and
payroll amounts, and that all
coverage agreements will be filed
with the appropriate insurance carrier
or, in the case of a self -insured, with
the commission's Division of Self -
.Insurance Regulation. Providing
false or misleading information may
subject the Contractor to
administrative penalties, criminal
penalties, civil penalties, or other civil
actions.";
(iv) provide the Contractor, prior to the end
of the coverage period, a new certificate
of coverage showing extension of
coverage, if the coverage period shown
on the current certificate of coverage
ends during the duration of the project;
(v) obtain from each other person with whom it contracts,
and provide to the Contractor:
(1) a. certificate of coverage, prior to the other
person beginning work on the project; and
(2) prior to the end of the coverage period, a new
certificate of coverage showing extension of the
coverage period, if the coverage period shown
on the current certificate of coverage ends
during the duration of the project;
(vi) retain all required certificates of coverage on file for the
duration of the project and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the person
knew or should have known, of any change that
materially affects the provision of coverage of any person
providing services on the project; and
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 to this construction project must
be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering
equipment or materials, or providing labor or transportation
or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at
5121440-3789 to receive information of the legal
requirements for coverage, to verify whether your employer
has provided the required coverage, or to report an
employer's failure to provide coverage;" and
(h) contractually require each person with whom it contracts to
provide services on a project, to:
(i) provide coverage based on proper reporting of
classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to
that person beginning work on the project;
include in all contracts to provide services on the
project the following language:
1.3 CONTRACTOR USE OF SITE "
A. Limit use of site to allow:
1. Owner occupancy.
2. Contractor
B. Coordinate use of site under direction of Owner's Representative, TxDOT, and BNSF
representative.
C. Execute Work in a coordinated manner to avoid conflicts with Owner's operations or
other Contractors.
D. Move any stored products under Contractor's control, which
interfere with operations of Owner.
E. Assume full responsibility for the protection and safekeeping of products furnished
under this contract, stored on or off the site.
1.4 WORK SEQUENCE
A. Construct Work to accommodate Owner's occupancy requirements during the
construction period. Coordinate construction schedule and operations with Owner's
Representative.
1.6 OWNER OCCUPANCY
A. Cooperate with Owner to minimize conflict, and to facilitate Owner's and other
Contractor's operation.
B. Schedule the Work to accommodate this requirement.
PART PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
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PROPOSED
4
6' PICASDvIENT
----------------------------------------------- — —
1G-29-02; 3:59PM;JACK S ROADSCRING
OCT-29-02 12:03 PM BRUCE MACHAIR
i
11
;915 573 9573 # S/ 7
806 775 2275 P_04
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253,021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
Jack's Roadboring
and Pipelin Construe io
KNOW ALL MEN BY TH!_SE PRESENTS, that thereinafter calit0 tie Principal(s), as Pdhcipal(s), and
SURETEC Insurance Company
(hereinafter celled the Surety($), at. re S(sFor th9Td and sfanldy bNOon/ to the ��ofOeb 6 k (hereinafter called the
Obligee), In the amount of lars ($ lawful money of the
United States for the paytrient 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 ibrincipal has entered into a certain written contract with the Obrges, dated theist day of
November ,2Q�to Forty-eitht Inch Bore as part of ITB#242-02%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 sald contract whlch contract Is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFdRE, 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 vold;
otherwise to remain In full force and affect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code', and all Ilabilltiea on this bond shall be determined in accordance with the provisions of said
article to the some 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 i st
day of November , 2002 ,
Jack's Roadboring
SURETEC Insurance Company and Pipeline Construction, Inc.
Sure (Company Name)
• g Q( By. Larry P. Greene
Title) (Printed me)
w 2
Herbert Heard Attorney -In -Fact
5ignat%� ,
(Title)
10-29-02; 3:59PM;JACK S ROADBORINO ;915 573 9573 # S/ 7
,OCT-29-912 12 t93 PM )RUCE MACHAIR £sae, 77S 22TS P. O5.
The undersigned sure company represents that it is duly qualified to do business In Texas, and hereby
designates Herbert Hear agent resident In Lubbock County to whom any requisite notices maybe delivered and on
whom service of process, may be had In matters arising out of such suretyship.
SURETEC Insurance Company
Surety
*By.
Her-%2rt Heard Attorney —In —Fact
Approved as to Form
City of Lubbock
By:
GIty Attomey
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 Attomey In Fact, we must have copy of power of
attorney for our files.
2
t
SureTec
GENERAL POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Herbert Heard, Diana Michalik, Marshall Ruling
of San Angelo, Texas its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its name, place and
stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars ($5,000,000) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by
the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all
that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 20t' of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate'seal to be hereto affixed this 11th day of June, A.D. 2002.
SURETEC INSURANCE COMPANY
Corporate Seal �suNCF
0 By
_- -,-^
State of Texas *' Job ¢x, Jr.,
.0 mxunn lw l^
Coact o� Barris ss: President
On this 11th day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did
depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto
by like order.
0-IN-01
DONNA U.ISAFdEZ ( � ..rNotary Seal mrca^m..wn�,.. onna U. Ibanez, Notary c
DUNE 11, 2000 My commission expires June l 1, 2006
I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and
effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this 1 s t day of
November , 20 02, A.D. ...
Corporate Seal
Me" 9 W Amt1 1
Michael P. Whisenant,
Vice President, Assistant Secretary
10-29-02; 3:59PM;JACK 5 ROADSORING ;915 573 9573 # 3/ 7
OC7-29-02 12:02 PM BRUCE MACNAIR 806 77S 2275 P-02`
i
tTATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
Jack's Roadboring
KNOW ALL MEN BY THESE PRESENTS, that and Pipeline Cons trucioll1hereinafter called the Principal(s), as
Principal(s), and
SURETEC Insuance Company
(hereinafter called the Su`re�(s), as Surety s), are held and firmly bound �Q(o the CNiyf h881 c c (hereinafter called the
Obligee), in the amount of ne Hundred Forty Thousand No/ ars ($ lawful money of the
United States for the payrnent whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors arld assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with th? Olbli dat$$d theis t day or
November , 20 02 , tp Forty—eight Inch Bore as part o TT?142-02 BIT
and sold 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 tame extent as
If copied zt length h®rein.*
NOW, 'THl:R1:F61RE, 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 provlslona of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WAEREOF, the said Principal (s) and Surety (s) have signed and seated this Instrument this
lst dayof November 2002
Jack's Roadboring
_SURETEC Insuranc,_e Company and Pipeline Construction, Inc.
Surety (Company Name)
18e)
H rbert Heard Attorney —In —Fact
By; Larry P. Greene
(printed e�
(Signatur
_I -
(Title)
10-79-02;
3:59PM;JACK
5 ROADBORING
;915 573 9573
# 4/ 7
6CY-29-•02
%2:03 PM
BRUCE MACNAIR
806 775 22T5
P.O. '
The undersigned surety company represents that it is duty qualified to do business In Texas, and hereby
designates Herbert Heard an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had In matters arising out of such suretyship.
SURETEC Insurance Company
Surety 4le)
/1/Hbt Heard Attorne In -Fact
Approved as to form:
Clty of Lub do
7.
ity Attorney
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by -la WSlx ;ice �!
that this person has authority to sign such obligation. If signed by an Attorney In Fact, we must have copy of ptiu�%dr�t+`=; _
attorney for our flies.
2
GENERAL POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Herbert Heard, Diana Michalik, Marshall Huling
of San Angelo, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and
stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars ($5,000,000) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by
the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all
that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 20t1i of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate seal to be hereto affixed this 11 th day of June, A.D. 2002.
Corporate Seal v�+^►cF
�0
wq W
C f ?
State of Texas s "1•...
County of Harris ss:
SURETEC INSURANCE COMPANY
By
Joh yix, Jr.,
President
On this llth day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did
depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto
by like order.
11-Di
DONNA U. IBANEZ i �,
NotmPuMk.8t"OfTem
Notary Seal "►C«^^ b^ onna U. Ibanez, Notary c
JUNE 11, 2006 My commission expires June 11, 2006
I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and
effect; and f irthennore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this 1st day of
November 20 02, A.D. ,.W-
SURANC�
Corporate Seal Qua 5 12 Michael P. Whisenant,
�, k% . 4 �� Vice President, Assistant Secretary
ACORD. CERTIFICATE OF LIABILITY INSURANCE 1DATE 1/01/02D1YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Summit Global Partners of ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Texas, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 1111
San Angelo, TX 76902-0026 INSURERS AFFORDING COVERAGE
INSURED INSURER A: St. Paul Fire & Marine Ins.
Jack's Roadboring & Pipeline INSURER B:
Construction Inc.
INSURER C:
P. O. Box 1273
INSURER D:
Snyder, TX 79550
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/DD/Y
POLICY EXPIRATION
DATE MMIDD/YY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [XI OCCUR
KKO9101539
01/15/02
01/15/03
EACH OCCURRENCE
$1 000 000
FIRE DAMAGE (Any one fire)
$1002000
MED EXP (Any one person)
$10 000
PERSONAL & ADV INJURY
$1 000 000
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIM ITAPPLIES PER:
POLICY X PROJECT[71 LOC
PRODUCTS -COMP/OPAGG
$2,000,000
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
KKO9100271
01/15/02
01/15/03
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
$
$
$
A
1 WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WVK9101797
01/15102
01/15/03
X WC STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
$500,000
E.L. DISEASE - EA EMPLOYEE
$500,000
E.L. DISEASE - POLICY LIMIT
s500,000
OTHER
✓�
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability and Auto Liability provides a Blanket Waiver of Subrogation and Blanket Additional Insured
where required by written contract. Workers Compensation provides a Blanket Waiver of Subrogation as required
by written contract.
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION
City of Lubbock DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3.0__DAYSWRITTEN
P.O. BOX 2000 NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, BUTFAILURE TODOSOSHALL
Lubbock,TX 79457 IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR
AUTHORIZED REPRESENTATIVE ff
7—,&-6wG 4.,j - i� /Vda1C
ef^_ngln 95 c I7/A71 q —4 o nt--RA n ACORn C0RPORGTInN IARR