HomeMy WebLinkAboutResolution - 2006-R0523 - PO - Wilson Drilling Company - Bailey County Well Field Test Holes - 10/26/2006Resolution No. 2006--RO523
October 26, 2006
Item No. 5.13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to purchase for and on behalf of the City of Lubbock, a contract for Bailey
County Sandhills Well Field Test Holes, per RFP #06-724-BM, by and between the City
of Lubbock and Wilson Drilling Company of Muleshoe, TX, and any associated
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 26th day of October , 2006.
ATTEST:
ty Secretary
TO CONTENT:
Water Utilities Director
APPROVED AS TO FORM:
ttorney
gs/ccdocs/Wilson Drilling Cores
10/18/06
DAVIDA. MILLER, MAYOR
"A City of Planned Progress "
CITY OF LUBBOCK
Lubbock, Texas
City of Lubbock
PUBLIC WORKS CONTRACTING OFFICE
SUITE 102, MUNICIPAL BUILDING
1625 13Tn STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2163 FAX: (806)775-3326
http://put-chasing.ci.lubbock.tx.us
DATE ISSUED:
CLOSE DATE:
RFP# 06-724-13M, Addendum # 1
ADDENDUM # I
RFP # 06-724-BM
Bailey County Sandhills
Well Field Test Holes
October 6, 2006
October 10, 2006 @ 2:00 P.M.
The following items take precedence over specifications for the above named Request for
Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the
original requirements, not affected by this addendum, shall remain in effect.
1. Offeror's attention is invited to the following clarifications provided by the Engineer:
A. Project Completion Time — A project completion time of 45 days is given in the Bid
Documents. This is only a projected time. Each bidder is asked to submit with his/her
bid the time in which he/she proposes to complete the project. The proposed completion
time will be considered in the evaluation of the proposals. The proposed time of the
successful bidder will become the enforced completion time for the construction contract.
B. State of Texas Water Well Drillers License— Each bidder will be required to submit a
copy of the firm's State of Texas Water Well Drillers License with the bid. Bids not
accompanied by a copy of a valid, current Permit will not be considered.
C. Insurance — The City of Lubbock shall be named as a Primary Additional Insured on the
Contractor's insurance policy. A copy of the policy shall be provided to the City of
Lubbock. Subcontractors shall also be required to provide a Certificate of Insurance, as
specified.
D. Test Hole Diameter — Page 2 of Section 02671 Test Hole of the Technical Specifications
indicates that the test hole shall have a minimum diameter of 8-inches. Correction: The
minimum diameter of the test hole shall be such that all tools necessary to complete the
specified procedures can be accommodated without adversely affecting test results. The
test hole diameter shall also be restricted to minimize adverse affects of the drilling fluid
on the test results.
E. Method of Abandonment of Test Holes — Page 2 of Section 02671 Test Hole of the
Technical Specifications states that "test holes shall be backfilled from total depth to the
ground surface with a mixture of eight (8) percent bentonite, ninety-two (92) percent
Portland cement, and water to create 13 lb/gal slurry mix". Correction: Test holes shall
be backfilled according to the minimum requirements of the Texas Water Well Drillers
Law and the Regulations of the High Plains Underground Water Conservation District.
F. Types of Electronic Logs to be Performed and Reported — Page 3 of Section 02671 Test
Hole of the Technical Specifications indicates which electronic logs will be required to be
produced by the Contractor. Correction: The following logs are to be provided: 1.)
RFP# 06-724-BM
RFP# 06-724-BM, Addendum # I
Spontaneous potential (sp), 2.) Gamma 3.) Single point resistance and 4.) either a.) Short
normal (16") resistivity and long normal (64") resistivity, or b.) 6' Lateral resistivity.
G. Slush Pit Remediation — Page 2 of Section 02671 Test Hole of the Technical
Specifications states that "sand, muck, and other unsuitable materials shall be removed
from the site". Correction: Sand and muck produced during drilling operations is to be
used to fill slush pit upon completion of testing. The slush pit is then to be covered with
excavated material and regarded to approximate original conditions.
2. The test hole locations given for all new and replacement wells on Sheet C1.0 of the Project
Drawings are approximate and intended for use as general reference only. Actual test hole
locations will be staked at such a time that Notice to Proceed is issued to Contractor. Actual
test hole locations will be selected as close to desired well locations as is possible based on
required separation distances, proximity to existing infrastructure, and accessibility. Bidders
should expect to traverse areas of deep sand to reach some test hole sites. However, locations
will be strategically located to avoid difficulties due to extreme relief and to insure that
locations will accommodate drilling equipment and necessary excavations. The City of
Lubbock has agreed to make machinery readily available to the Contractor for assisting in
moving drilling and support vehicles through difficult areas. Operation of that machinery
will be the responsibility of the Contractor.
All requests for additional information or clarification must be submitted in writing and directed
to:
Bruce MacNair, Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock,
Texas 79457
Questions may be faxed to (806)775-3326 or Email to bmacnairamylubbock.us .
THANK YOU,
CITY OF LUBBOCK
Bruce MacNair
Public Works Contracting Officer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's
responsibility to advise the City of Lubbock Interim Public Works Contracting Officer if any language requirements,
etc or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a sing-19
source. Such notification must be submitted in writing and must be received by the Interim Public Works Contracting
Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made.
RFP# 06-724-BM 2
CITY OF LUBBOCK
REQUEST FOR PROPOSALS
•s
TITLE: BAILEY COUNTY SANDHILLS WELL FIELD TEST HOLES
ADDRESS: BAILEY COUNTY, TEXAS
RFP NUMBER: 06-724-BM
PROJECT NUMBER: 91003.8302
CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE
INDEX
1. NOTICE TO OFFERORS
2. GENERAL INSTRUCTIONS TO OFFERORS
3. PROPOSAL SUBMITTAL - PROPOSAL FOR UNIT PRICE CONTRACTS
4. PAYMENT BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
No Text
NOTICE TO OFFERORS
NOTICE TO OFFERORS
RFP #06-724-BM
Sealed proposals addressed to Bruce MacNair, Public Works Contracting Officer, City of Lubbock, Texas, will be
received in the office of the Public Works Contracting Officer, Municipal Building, 1625 13th Street, Suite 102, Lubbock,
74Texas, 79401, until 2:00 P.M. on October 10, 2006, 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:
"BAILEY COUNTY SANDHILLS WELL FIELD TEST HOLES"
After the expiration of the time and date above first written, said sealed proposals will be opened in the office of
the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to ensure that
his proposal is actually in the office of the Public Works Contracting Officer for the City of Lubbock, before the
expiration of the date above first written.
Proposals are due at 2:00 P.M. on October 10, 2006, and the City of Lubbock City Council will consider the
proposals on October 26, 2006, 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 proposals and waive any formalities. The successful
proposer 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
proposer 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.
Offerors 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 proposal 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 proposal
submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten
(10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE
PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE
PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL.
It shall be each proposer's 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 proposal submitted. There will be a non -mandatory pre -
proposal conference on September 27, 2006 at 2:00 P.M., in the Water Treatment Plant Training Room at 6001
North Guava Avenue, Lubbock, Texas.
Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q,
Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S
EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT,
http://pr.thergproductioncompany.com/, Phone: (806) 763-7770. Additional sets of plans and specifications may be
obtained at the proposer's expense.
Attention of each proposer 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 Public Works Contracting Officer of the City of Lubbock,
which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to provision
of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and
-' payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals 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 -proposal
meetings and proposal openings are available to all persons regardless of disability. If you require special assistance,
please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000, Lubbock, Texas
79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
R!�
BRUCE MACNAIR
PUBLIC WORKS CONTRACTING OFFICER
GENERAL INSTRUCTIONS TO OFFERORS
GENERAL INSTRUCTIONS TO OFFERORS
PROPOSAL DELIVERY TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive proposals to furnish Bailey County
Sandhills Well Field Test Holes per the attached specifications and contract documents. Sealed
proposals will be received no later than 2:00 P.M. CST, October 10, 2006 at the office listed below. Any
proposal received after the date and hour specified will be rejected and returned unopened to the proposer.
Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in
the lower left-hand corner: "RFP#06-724-BM, Bailey County Sandhills Well Field Test Holes" and the
proposal opening date and time. Offerors must also include their company name and address on the
outside of the envelope or container. Proposals must be addressed to:
Bruce MacNair, Public Works Contracting Officer
City of Lubbock
1625 13th Street, Suite 102
Lubbock, Texas 79401
1.2 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting
Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If
proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that
provides a receipt.
1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private
courier service. No proposals will be accepted by oral communication, telephone, electronic mail,
telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX
PROPOSALS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an
addendum.
PRE -PROPOSAL MEETING
2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory pre -
proposal meeting will be held at 2.00 P.M., Sotember 27 2006 in the Water Treatment Plant Training
Room at 6001 North Guava Avenue Lubbock Texas. All persons attending the meeting will be asked to
identify themselves and the prospective proposer they represent.
2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory.
The City will not be responsible for providing information discussed at the pre -proposal meeting to
offerors who do not attend the pre -proposal meeting.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over
the Internet at h"://www.RFPdgpot.com. We strongly suggest that you check for any addenda a
._N 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 proposer in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Public Works Contracting Office. At the request of the
proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive,
the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such
addenda issued by the Public Works Contracting Office will be available over the Internet at
http://www.RFPdepot.com and will become part of the proposal package having the same binding effect
as provisions of the original RFP. 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 Public Works Contracting Office no later than five
(5) days before the proposal closing date.
3.13 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 Public Works Contracting Office in writing or in this RFP should be
used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of
this RFP 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 proposal
should be disregarded in preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all
requirements before submitting a proposal to ensure that their proposal meets the intent of these
specifications.
4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the requirements of
this Request for Proposals. Failure to make such investigations and examinations shall not relieve the
proposer from obligation to comply, in every detail, with all provisions and requirements of the Request
for Proposals.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Public Works Contracting Officer and a clarification obtained before the proposals
are received, and if no such notice is received by the Public Works Contracting Officer prior to the
opening of proposals, then it shall be deemed that the proposer fully understands the work to be
included and has provided sufficient sums in its proposal to complete the work in accordance with
these plans and specifications. If proposer does not notify the Public Works Contracting Officer
before offering 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 proposals.
PROPOSAL PREPARATION COSTS
5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a proposal.
5.2 The issuance of this RFP 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 proposal shall be paid by the proposer.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your proposal 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 proposal 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 proposal 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 proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas
Open Records Act.
7 LICENSES PERMITS TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or
may be required to pay.
UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their proposal submittal how they would utilize local resources.
9 CONFLICT OF INTEREST
9.1 The proposer 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 proposal, the proposer certifies and represents to the City the offeror 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 proposal.
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 offerors 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 OFFERORS
It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as
noted in the Notice to Offerors.
12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall
be the offerors responsibility to advise the Public Works Contracting Officer if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in
this RFP to a single source. Such notification must be submitted in writing and must be received by the
City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing
date. A review of such notifications will be made.
12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR
PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5)
CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO:
BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER
City of Lubbock
Public Works Contracting Office
1625 131h Street, Suite 102
Lubbock, Texas 79401
Fax: 806-775-3326 or 806-767-2275
Email: bmacnair(&Mylubbock.us
RFPDepot: http://www.RFPdepot.com
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within FORTY-
FIVE (45) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed
issued by the City of Lubbock to the successful proposer.
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.
u 4 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
�16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately
until incorporated into the project. The presence or absence of a representative of the City on the site will not
relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and
methods set forth in the contract documents provide minimum standards of quality, which the Owner believes
necessary to procure a satisfactory project.
GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within ONE year from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will
be recognized and accommodated and will not, in any way, result in hardware, software or firmware
failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate
the procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related
contract documents for 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 proposals
have been opened and before the contract has been awarded, to require of a proposer the following information:
(a) The experience record of the proposer 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 proposer.
(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
_.. of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
4 location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as maybe
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
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result
of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall
use utmost care so as not to endanger life or property and the Contractor shall further use only such
methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and
such notice shall be given sufficiently in advance to enable the companies to take such steps as they may
deem necessary to protect their property from injury. Such notice, however, shall not relieve the
Contractor of responsibility for any damage resulting from his blasting operations.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful proposer shall be required to furnish the name, address
and telephone number where such local representative may be reached during the time that the work contemplated
by this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
25.2 PROOF OF COVERAGE 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.
• : C :: �1� . IZCti solei PM
i.`l
26.1 Attention of each proposer 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
proposer' 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 proposer's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Construction work under this contract requiring an inspector will not be performed on weekends or
holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a
diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
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
Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered.
29 PREPARATION FOR PROPOSAL
29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall
be correctly filled in and the proposer 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 proposal is submitted by an individual, his name must be signed by him or his duly authorized
agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or
corporate name and business address must be given, and the proposal signed by an official or duly
authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and
endorsed on the outside of the envelope in the following manner:
28.3.1 Proposer's name
28.3.2 Proposal for (description of the project).
29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the
proposals, but no proposal may be withdrawn or altered thereafter.
29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been
opened may not be changed for the purpose of correcting an error in the proposal price.
THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE
PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
30 BOUND COPY OF CONTRACT DOCUMENTS
Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the
following:
(a) Notice to Offerors.
(b) General Instructions to Offerors.
(c) Proposer'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.
All other documents made available to proposer for his inspection in accordance with the Notice to
Offerors.
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.
F 31 QUALIFICATIONS OF OFFERORS
The proposer 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 proposer may also be required to give a past
history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The
City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the
proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this
purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal
may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock
that the proposer is properly qualified to carry out the obligations of the contract and to complete the work
described therein. Evaluation of the proposer's qualifications shall include but not be limited to:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the proposer 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 proposer.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs with
City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar
municipal and similar non -municipal current and completed projects for the past three (3) years for review. This
list shall include the names of supervisors and type of equipment used to perform work on these projects. In
addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work
on this project in compliance with City of Lubbock specifications herein.
32 BASIS OF PROPOSALS AND SELECTION CRITERIA
The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas
Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to
evaluate each proposal will include the following:
32.1 60% Price.
32.2 5% Resume and references of proposed job superintendent. City shall have an opportunity to
interview the job superintendent at a time to be named after receipt of proposals.
32.3 5% List of potential items from proposer that could reduce the cost of work, but result in the same
end product. List shall include suggestions of materials/assemblies, etc.
32.4 5% Insurance claims and litigation during the last three years.
32.5 15% Construction time.
32.6 5% List of subcontractors — DUE WITHIN 48 BUSINESS HOURS AFTER OPENING.
r 32.7 5% Contractor phasing options which may shorten construction time or minimize disruptions to
City operations without increasing proposal amount
The estimated budget for the construction phase of this project is $60,000.
Proposals shall be made using the enclosed Proposal Submittal Form.
33. SELECTION
33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most
advantageous to the City of Lubbock considering the relative importance of evaluation factors included in
this RFP.
33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY
THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.
33.3 The City shall select the offeror that offers the best value for the City based on the published selection
criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected
offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or
time modification and any price change associated with the modification. If the City is unable to negotiate
a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that
offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or
all proposals are rejected.
33.4 In determining best value for the City, the City is not restricted to considering price alone, but may
consider any other factor stated in the selection criteria.
TEXAS LOCAL GOVERNMENT CODE 271.116
SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES
THROUGH COMPETITIVE SEALED PROPOSALS
§ 271.116. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE
SEALED PROPOSALS.
(a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration,
or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a
governmental entity shall follow the procedures prescribed by this section.
(b) The governmental entity shall select or designate an engineer or architect to prepare construction
documents for the project. The selected or designated engineer or architect has full responsibility for complying
with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time
employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis
of demonstrated competence and qualifications as provided by Section 2254.004, Government Code.
(c) The governmental entity shall provide or contract for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services necessary for
acceptance of the facility or project by the governmental entity. The governmental entity shall select those
services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them
in the request for proposals.
(d) The governmental entity shall prepare a request for competitive sealed proposals that includes
construction documents, selection criteria, estimated budget, project scope, schedule, and other information that
contractors may require to respond to the request. The governmental entity shall state in the request for
proposals the selection criteria that will be used in selecting the successful offeror.
(e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if
any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of
opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to
the published selection criteria.
(f) The governmental entity shall select the offeror that offers the best value for the governmental entity
based on the published selection criteria and on its ranking evaluation. The governmental entity shall first
attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect
may discuss with the selected offeror options for a scope or time modification and any price change associated
with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the
governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next
offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.
(g) In determining best value for the governmental entity, the governmental entity is not restricted to
considering price alone, but may consider any other factor stated in the selection criteria.
PROPOSAL SUBMITTAL
PROPOSAL SUBMITTAL
UNIT PRICE PROPOSAL CONTRACT
DATE: October 9, 2006
PROJECT NUMBER: #06 724-BM - BAILEY COUNTY SANDHILLS WELL FIELD TEST HOLES
Proposal of Stanley R. Wilson dba Wilson Drilling Co. (hereinafter called Proposer)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the construction of a BAILEY COUNTY SANDHILLS
WELL FIELD TEST HOLES having carefully examined the plans, specifications, instructions to offerors, notice to
offerors 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 fiunish 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.
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
1. 1 LS Mobilization/Demobilization including insurance, performance bond and move in/move out
related costs, complete, (NOT TO EXCEED 5% of total proposal amount) for the lump sum price of..
MATERIALS: One thousand four hundred do] 1 ars $ 1, 400.00 /LS( 1, 400.00 )
LABOR: $ -0- /LS( -0- )
_ TOTAL ITEM #1: One thousand four hundred do] 1 ars $ 1, 400.00 /LS( 1, 400.00 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern )
2. 232 LF Drilling of test hole 114R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
_.3 at the unit price per linear foot of..
MATERIALS: E] even do] ] ars and sixty cents $ .05 /LF( 11.60 )
Two thousand two hundred fifteen dollars
LABOR: and sixty cents $ 9.55 /LF( 2,215.60 )
Two thousand two hundred twenty
TOTAL ITEM #2: seven do] 1 ars and twenty cents $ 9.60 /LF( 2,227.20
)
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
3jf� Offeror's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
3. 226 LF Drilling of test hole 115R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified at
the unit price per linear foot of:
MATERIALS: Thirteen do] I ars and fifty six cents $ .06 /LF( 13.56 )
Two thousand one hundred fifty eight
LABOR: do] 1 ars and thirty cents $ 9.55 /LF( 2,158.30 )
Two thousand one hundred seventy one
TOTAL ITEM #3: do] ] ars and eighty six cents $ 9.61 /LF( 2,171.86 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
4. 223 LF Drilling of test hole 117R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: Thirteen do] I ars and thirty eight cents $ .06 /LF( 13.38 )
Two thousand one hundred twenty nine
LABOR: dollars and sixty five cents $ 9.55 /LF( 2,129.65 )
Two thousand one hundred forty three
TOTAL ITEM #4: do] I ars and three cents $ 9.61 /LF( 2 ,143.03 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.)
5. 202 LF Drilling of test hole 160R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: Twelve do] ] ars and twelve cents $ .06 /LF( 12.12 )
One thousand nine hundred twenty nine
LABOR: do] I ars and ten cents $ 9.55 /LF( 1,929.10 )
One thousand nine hundred forty one
TOTAL ITEM #5: dol I ars and twenty two cents $ 9. 61 /LF( 1,941.22 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
6. 235 LF Drilling of test hole 213R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of -
MATERIALS: El even do] ] ars and seventy five cents $ .05 /LF( 11.75 )
Two thousand two hundred forty four
LABOR: do] I ars and twenty five cents $ 9.55 /LF( 2,244.25 )
Two thousand two hundred fifty six
TOTAL ITEM #6: dol I ars and no cents $ 9.60 /LF( 2,256.00
)
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Offeror's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
192 LF Drilling of test hole 215R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of. -
MATERIALS: Thirteen do] 1 ars and forty four cents $ .07 /LF( 13.44 }
LABOR: One thousand eight hundred thirty three $ 9.55 /LF( 1, 833.60 )
dollars and six y cen s
TOTAL ITEM #7: One thousand eight hundred forty seven $ 9.62 /LF( 1,847.04 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
dollars and four cents
8. 210 LF Drilling of test hole 259R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: Twelve dollars and sixty cents $ .06 /LF( 12.60 )
LABOR: Two thousand five dollars and fifty cents $ 9.55 /LF( 2,005.50 )
Two thousand eighteen dollars
TOTAL ITEM #8: and ten cents $ 9.61 /LF( 2,018.10 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
9. 195 LF Drilling of test hole 262R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of -
MATERIALS: El even do] 1 ars and seventy cents $ .06 /LF( 11.70 )
One thousand eight hundred sixty two
LABOR: dol l ars and twenty f ive cents $ 9.55/LF( 1,862.25 )
One thousand eight hundred seventy three
TOTAL ITEM #9: do] ] ars and ninety f ive cents $ 9.61 /LF( 1,873.95 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
10. 200 LF Drilling of test hole 263R from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: Twelve dollars and no cents $ .06 /LF( 12.00 )
One thousand nine hundred ten
LABOR: dollars and no cents $ 9.55 /LF( 1, 910. 00 )
One thousand nine hundred twenty two
TOTAL ITEM #10: dollars and no cents $ 9.61 /LF( 1,922.00 )
( Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Sk/ Offeror's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
11. 169 LF Drilling of test hole 268N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified at
the unit price per linear foot of:
MATERIALS: Eleven do] ] ars and eighty three cents $ .07 /LF( 11.83 )
One thousand six hundred thirteen
LABOR: do] 1 ars and ninety five cents $ 9.55 /LF( 1,613.95 )
One thousand six hundred twent five
TOTAL ITEM #11: dol ] ars and seventy eight cents $ 9.62 /LF( 1,625.78 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
l
12. 200 LF Drilling of test hole 269N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of.
MATERIALS: Twelve do] 1 ars and no cents $ . 06 /LF( 12.00 )
One thousand nine hundred ten
LABOR: do] ] ars and no cents $ 9.55 /LF( 1,910.00 }
One thousand nine hundred twenty two
TOTAL ITEM #12: dol 1 ars and no cents $ 9.61 /LF( 1, 922.00 )
(Unit Pride Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
13. 200 LF Drilling of test hole 270N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of
MATERIALS: Twelve dollars and no cents $ .06 /LF( 12.00 )
One -thousand nine hunred ten
LABOR: dol ] ars and no cents $ 9.55 /LF( 1,910.00 )
One thousand nine hundred twenty two
TOTAL ITEM #13: dol 1 ars and no cents . $ 9.61 /LF( 1,922.00 }
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
14. 195 LF Drilling of test hole 260N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of
MATERIALS: El even do] 1 ars and seventy cents $ .06 /LF( 11.70 )
One thousand eight hundred sixty two f
LABOR: do] 1 ars and twenty five cents $ 9.55 /LF( 1,862.25 )
One thousand eight hundred seventy three
TOTAL ITEM #14: do] 1 ars and ninety five cents $ 9.61 /LF( 1,873.95 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern)
•V4-' Offeror's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
15. 185 LF Drilling of test hole 261N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: 'Twelve dollars and ninety five cents $ .07 /LF( 12.95 )
One thousand seven hundred sixty six
LABOR: dol 1 ars and seventy five cents $ 9.55 /LF( 1,766.75 )
One thousand seven hundred seventy nine
TOTAL ITEM #15: dol ] ars and seventy cents $ 9.62 /LF( 1,779.70 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
16. 240 LF Drilling of test hole 244N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of -
MATERIALS: Twelve dollars and no cents $ .05 /LS( 12.00 )
Two thousand two hundred ninety two dollars
LABOR: and no cents $ 9.55 /LS( 2,292.00 )
Two thousand three hundred four dollars
TOTAL ITEM #16: and no cents $ 9.60IS( 2,304.00 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amowt shown in words shall govern.)
17. 230 LF Drilling of test hole 245N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of -
MATERIALS: El even do] ] ars and f ifty cents $ . 05 /LF( 11.50 )
Two thousand one hundred ninety six
LABOR: do] 1 ars and fifty cents $ 9.55/LF( 2,196- 50 )
Two thousand two hundred eight dollars
TOTAL ITEM #17: and no cents $ 9.60 /LF( 2,208.00
)
(Unit Price Amounts shall be shown m both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
18. 240 LF Drilling of test hole 188N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of
MATERIALS: Twelve dollars and no cents $ .05 /LF( 12.00 )
Two thousand two hundred ninety two dollars
LABOR: and no cents $ 9.55 /LF( 2,292.00 )
Two thousand three hundred four dollar
TOTAL ITEM #18: and no cents $� 9.60 /LF( 2, 304.00 }
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
QVX- OfferWs Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
19. 216 LF Drilling of test hole 189N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of.
MATERIALS: Twelve dollars and ninety six cents $ .06 /LF( 12.96
Two thousand sixty two dollars
LABOR: and eighty cents $ 9.55 /LF( 2,062.80 )
Two thousand seventy five dollars
TOTAL ITEM #19: and seventy six cents $ 9.61 /LF( 2,075.76 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.)
20. 202 LF Drilling of test hole 169N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: Twel ve do] l ars and twel ve cents $ .06 /LF( 12.12_)
One thousand nine hundred twenty nine
LABOR: dol 1 ars and ten cents $ 9.55 /LF( 1,929.10 )
One thousand nine hundred forty one
TOTAL ITEM #20: dol 1 ars and twenty two cents $ 9.61 /LF( 1,941.22
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern)
21. 225 LF Drilling of test hole 173N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: 'Thirteen do] I ars and fifty cents $ .06 /LF( 13.50)
Two thousand one hundred forty eight
LABOR: dollars and seventy five cents $ 9.55 /LF( 2,148.75 )
Two thousand one hundred sixty two
TOTAL ITEM #21: dol I ars and twenty five cents $ 9.61 /LF( 2,162.25 )
(Unit Price Amounts shall be shown m both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
22. 185 LF Drilling of test hole 185N from the ground surface to bottom of test hole including slush pit, '-
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of.
MATERIALS: Twelve dollars and ninety five cents $ .07 /LS( 12.95 )
One thousand seven hundred sixty six
LABOR: do] ] ars and seventy five cents $ 9.55 /LS( 1,766.75 )
One thousand seven hundred seventy nine
TOTAL ITEM #22: dol I ars and seventy cents $ 9.62 /LS( 1,779.70 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in worts shall govern.)
A�_ Offeror's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
23. 232 LF Drilling of test hole 206N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of
MATERIALS: Eleven dollars and sixty cents $ .05 /LF( 11- 60 )
Two thousand two hundred fifteen
LABOR: dollars and sixty cents $ 9.55 /LF( 2,215.60 }
Two thousand two hundred twenty seven
TOTAL ITEM #23: dol l ars and twenty cents $ 9.60 /LF( 2,227.20 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
24. 240 LF Drilling of test hole 255N from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: Twelve dol 1 ars and no cents $ .05 /LF( 12.00
Two thousand two hundred ninety two dollars
LABOR: and no cents $ 9.55 /LF( 2, 292.00 )
Two thousand three hundred four dollars
TOTAL ITEM #24: and no cents $ 9.60 /LF( 2 , 304.00 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
25. 190 LF Drilling of test hole B5 from the ground surface to bottom of test hole including slush pit, sample
collection, logging, abandonment, clean-up and all other associated work as specified at the unit
price per linear foot of:
MATERIALS: Thirteen dol 1 ars and thirty cents $ .07 /LF( 13. 30 _ )
One thousand eight hundred fourteen
LABOR: dol 1 ars and fifty cents $ 9.55/LF( 1,814.50 )
One thousand eight hundred twenty seven
TOTAL ITEM #25: dollars and eighty cents $ 9.62 /LF( 1, 827.80 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown m words shall govern.)
26. 190 LF Drilling of test hole B6 from the ground surface to bottom of test hole including slush pit,
sample collection, logging, abandonment, clean-up and all other associated work as specified
at the unit price per linear foot of:
MATERIALS: Thirteen dol 1 ars and thirty cents $ .07 /LF( 13.30 )
One thousand eight hundred fourteen
LABOR: dol 1 ars and fifty cents $ 9.55 /LF( 1, 814.50 )
One thousand eight hundred twenty seven
TOTAL ITEM #26: dollars and eighty cents $ 9.62 /LF( 1,827.80 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
_ Offeror's Initials
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
27. 190 LF Drilling of test hole B7 from the ground surface to bottom of test hole including slush pit, sample
collection, logging, abandonment, clean-up and all other associated work as specified at the unit
price per linear foot of. -
MATERIALS: 'Thirteen do] I ars and thirty cents $ .07 /LF( 13.30 )
One thousand eight hundred fourteen
LABOR: dollars 1 ars and fifty cents $ 9.55 /LF( 1,814.50 )
One thousand eight hundred twenty seven
TOTAL ITEM #27: do] I ars and eightycents $ 9.62 /LF( 1,827.80 )
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
28. 190 LF Drilling of test hole B8 from the ground surface to bottom of test hole including slush pit, sample
collection, logging, abandonment, clean-up and all other associated work as specified at the unit
price per linear foot of:
MATERIALS: Thirteen dollars and thirty cents $ .07 /LF( 13.30)
One thousand eight hundred fourteen
LABOR: do] I ars and fifty cents $ 9. 55/LF( 1,814.50)
One thousand eight hundred twenty seven
TOTAL ITEM #28: dol I ars and eighty cents $ 9.62/LF( 1,827.80)
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.)
TOTAL PROPOSAL, ITEMS #1- #28:
One thousand seven hundred thirty six
MATERIALS: dollars and forty six cents $ 1,736.46
Fifty three thousand eight hundred four
LABOR: do] I ars and seventy cents $ 53, 804.70
TOTAL PROPOSAL Fifty five thousand five hundred forty one
ITEMS #1 - #28: dol 1 ars and sixteen cents $ 55, 541.16
(Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem. )
Proposer hereby agrees to commence the work on the above project on or before a date to be specified in a written
'Notice to Proceed" of the Owner and to substantially complete the project within ( 28 )# Days {Completed by
Contractor) ( Twenty eight )Written Days {Completed by Contractor} consecutive calendar
days thereafter as stipulated in the specifications and other contract documents. Proposer hereby further agrees to pay to
Owner as liquidated damages the sum of $25 (TWENTY-FIVE and 00/100) for each consecutive calendar day in excess
of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Proposer understands and agrees that this proposal submittal shall be completed and submitted in accordance with
instruction number 29 of the General Instructions to Offerors.
Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in
the proposing.
The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled
closing time for receiving proposals.
Offeror's Initials
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has proposed, as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total
amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance
policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid/Proposal Bond in the sum of
Ti.vU 'f'h.�usc ..c1 7Pver� ..�r�dY2
-s �.. �,� nland 5 i X o..+ Dollars ($ �, 7 . o(- ), which it is agreed shall be collected and retained
by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails
to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner
within ten (10) business days after the date of receipt of written notification of acceptance of said proposal;
otherwise, said check or bond shall be returned to the undersigned upon demand.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Offerors.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed proposal that has been opened may not be
changed for the purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE
PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL
SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
(Seal if Offeror is a Corporation)
ATTEST:
Secretary
Offeror acknowledges receipt of the following addenda:
-, Addenda No. 1 Date 10/06/06
!' `3 Addenda No. Date
Addenda No. Date
Addenda No. Date
Date: October 9, 2006
Authorized Sfnature
Stanley R. Wilson
(Printed or Typed Name)
Wilson Dril l ina Co.
Company
P.O. Box 405
Address
Muleshoe Bai 1 ey
City, County
Texas 79347
State
Telephone: 806
Fax: 806
Zip Code
272-5521
272-5522
M/WBE Firm: Woman I I Black American Native American
Hispanic American I I Asian Pacific American Other (Specify)
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Offeror and Agent
And Attached to Proposal Submittal
I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock,
I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid
insurance certificate to the City meeting all of the requirements defined in this proposal.
�znA11&���-� Stanley R. Wilson
Contractor (Signature) Contractor (Print)
CONTRACTOR'S FIRM NAME: Wil son Dril I ing Co.
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: P.O. Box 405
Muleshoe, TX 79347
ddaiof Agent/Broker:
Agent / Broker (Signature)
Address of Agent/Broker
(:� 0 �,,X4
V-1 �a�
City/State/Zip:
Agent/Broker Telephone Number: C121 1�-
Date:'
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the Public
Works Contracting Officer for the City of Lubbock at (806) 775-2163.
PROPOSAL #06-724-BM — BAILEY COUNTY SANDS ILLS WELL FIELD TEST HOLES
10
C__
SAFETY RECORD QUESTIONNAERE
(Must Be Submitted With Proposal 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 proposals 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 proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors 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 proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
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
der and his cr her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
three (3) questions and submit them with their proposals:
QUESTION ONE
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, 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 offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its
proposal 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.
Offeror's Initials
11
QUESTION TWO
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, 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 offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal 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.
VIi *1MTIIM1#:1a3�
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, 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 offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its
proposal 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 proposal to be rejected.
Signature
Owner
Title
12
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or
malting sub -awards under covered transactions to parties that are suspended or debarred or whose principals are
suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of
$25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and
its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals
are not suspended or debarred by a Federal agency.
1, 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: Wilson Dri] ] ing Co.
Signature of Company Official:,,,,,�'l.-
Date Signed: October 9, 2006
Printed name of company official signing above: Stan] ey R. Wi] son
13
'• C• �
Bond No. S-904 0656
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that wilson Drilling Co. (hereinafter called the Principal(s),
as
Principal(s), and
Washington International Insurance Company
(hereinafter called the Surety(, as Suret +(A are held and firmly bTmd unto the City of Lubbock (hereinafter called the
fty Fiv ousan Five Hun re
Obligee), in the amount of Forty One and 16/100---------------- Dollars ($ 55, 541.16 ) 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 2 6 th day of
October ,20 06 ,to Proposal #06-724-BM - Bailey County Sandhills Well Field Test Holes
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 WTI'NESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
2nd day Of November 2006 .
Company
Surety
(Title) xe in / Dunn, Attorney -In -Fact
Wilson Drilling Co.
(Company Name)
By: Stanley R. Wilson
(Printed Name)
XtA� . --
(Signature)
Owner
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Kevin J. Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Washington International
Insurance Company
S1
Approved as to form:
City of Lubbock
By:
i ^ttomey
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
2
0
LJ
t_
IMPORTANT NOTICE
In order to Obtain Information or Make a Complaint:
You may call Washington International Insurance Company and/or North
American Specialty Insurance Company at the following toll -free number:
: j 800/338-0753
or
You may write to them at the following address:
1200 Arlington Heights Road #400
Itasca, IL 60143
You may also .contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800/252-3439
You may write the Texas Department of Insurance at the following address:
P 0 Box 149104
Austin, TX 78714-9104
CERTIFICATE OF INSURANCE
-�� CERTIFICATE OF LIABILITY INSURANCE DATEiMAVDD'WVY;
09/19/2006
PRODUCER (806) 272-4581 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Henry Insurance Agency ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE
I DOES NOT AMEND, EXTEND OR
III West Avenue B ::-,tit, AjgE171cs'c9cs�r ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 563 11/03/06)
-? Muleshoe TX 79347- INSURERS AFFORDING COVERAGE TNAIC II
INsuREo wsuAERA: SAFECO/ANMRICAN STATES ASI
STANLEY W,LSON D13A SOUTHWESTERN GEO-TH RMAL wsuRERB:TEXAS MUTUAL INSURANCE CO
DEA WILSON DRILLING RaVRERC:
PO BOX 405 wSURER D
MULESHOE TX 79347- INSIIAERE:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW KAVE i3EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATEC. NOTWITHSTAmOwC
RZOWREUENT• T ERu OR GZ WDITK)N OF ANY CONTRACT OR OTHER DCk-_L 6Nr TNTh RESTxCT 7-0 wrac . rrIAS I$S:."O ,W �•+• a �
.,c' NS;,AaACc -7 3r T7- POUaES CESCr SED nc-RSN IS SL18jECT TO ALL THE TERmS. EACLUSION5 ANO CCNOITIONS OF Svc
AGGREGATE LWVTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
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DESCRIPTION OF OPERATIONS+LOCATIOASNEMCLESIEXCLUSIONS ADDED BY ENOORSEMENYZPECIAL PROVISIONS
City of Lubbock is named as primary additional insured on general liability and auto i
policies and pro-trided waiver of subrogation in favor of City of Lubbock.
i I
--' CERTIFICATE MOLC
)
C_TY OF LUBBOCK
I PO BOX 2000 SUITE 102
LU880CK T
ACORD 25 (2001108)
�{.-• INS025 micas cs
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE r-Z
EXPIRATION DATE THEREOF. ThE ISSUING INSURER WLL- ENCE.AVOR TO M
5 OAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE .Er e:
FAILURE TO 00 50 SHALL IMPOSE NO OBLIGATION OR LLABIIITY OF ANY KIND VPO- 1,E
9457-
ELECT • NIC LASER FORMS. INC • OSOOy727•05AS
11-03-06P03:10 RCVD
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ACORO --ORPORATION 1988
:'-;. . .
CONTRACTORCHECKLIST
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) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON
THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
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 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;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
K
CONTRACT
CONTRACT #7181
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 261'' day of October, 2006 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 WILSON DRILLING CO. of the City of MULESHOE, County of BAILEY
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:
PROPOSAL #06-724-BM — BAILEY COUNTY SANDHILLS WELL FIELD TEST HOLES-$55,541.16
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. Wilson Drilling Co.'s proposal dated October 9, 2006 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 proposal 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 written.
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GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
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 WH SON DRILLING, CO. who has agreed to perform the work embraced in
this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative BRUCE BLALACK, WATER PRODUCTION AND
TREATMENT SUPERINTENDENT, 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 Offerors, General Instructions to Offerors, Proposal,
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
Offeror for inspection in accordance with the Notice to Offerors. 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.
I
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
or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall
suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension
will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor
shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed.
All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the
Owner's Representative at Contractor's expense.
2
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the
authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the
contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in relation to said
work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
_1 inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of
71 any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are
w: 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
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
-- structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any
location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation
that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each
part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work
found to be defective or not in accordance with the contract documents, regardless of the stage of its completion
or the time or place of discovery of such errors and regardless of whether Owner's Representative has 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.
4
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
_- before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
-, such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
r expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's proposal, 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 proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the proposals are received, and if no such notice is received by the Owner's
Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully
understands the work to be included and has provided sufficient sums in its proposal to complete the work
in accordance with these plans and specifications. If Contractor does not notify Owner's Representative
before offering 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
proposals.
0
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all coverages shall be submitted prior to contract execution.
7
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 $500,000 Combined
Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations
Contractual Liability
Personal Injury & Advertising Injury
B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED.
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, $300,000 Combined Single Limit,
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and
Non -owned Vehicles. The City is to be named as a primary additional insured on this policy for this
specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED.
E. Umbrella Liability Insurance — NOT REQUIRED.
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least 50$ 0,000.
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.
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;
(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 proposal 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;
(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:
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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 8001372-7713 or 5121804-4000
(htto.1www twcc.state.t us/twcccontacts.html) to receive information of the legal
requirements for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage; " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(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:
"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;
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(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees,
harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in
any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men 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 offering.
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 proposingding and any necessary changes shall be adjusted as provided in the contract for changes
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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 there from.
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. 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 $25 (TEWNTY-FIVE DOLLARS
AND 00/100) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every working day that the Contractor shall be in default after the time stipulated for
substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is
expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the proposal; 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.
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The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly
agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its
work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God
or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same
setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty
(20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to
affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall
be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for
extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
- fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
_ securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the sole judgment of the 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 proposals 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,
15
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses
incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of ,the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall
prepare a certificate for partial payment showing as completely as practical the total value of the work done by the
Contractor up to and including the last day of the preceding month. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
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the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of
final completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st 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
J or warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
-- on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
v. 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
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
17
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
ni 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
A 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
I
upplies 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 proposals, 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,
18
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 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.
F-3 The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
-- business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
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52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project 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.
All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock
20
for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the
then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at
any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City
shall not be obligated under this contract beyond the date of termination.
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
1
Hourly Rate
11.50
12.00
7.50
9.00
12.50
12.50
7.00
11.00
7.00
9.00
11.00
15.00
8.00
10.00
9.00
18.00
10.00
9.50
10.50
10.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
9.00
Asphalt Shoveler
7.50
Concrete Finisher
9.00
Concrete Finisher -Helper
7.50
Electrical Repairer -Equipment
12.50
Flagger
6.50
Form Setter
8.00
Form Setter -Helper
6.50
Laborer -General
6.00
Laborer -Utility
6.75
Mechanic
9.00
Mechanic -Helper
7.00
Power Equipment Operators
Asphalt Paving Machine
9.00
Bulldozer
9.00
Concrete Paving Machine
9.00
Front End Loader
9.00
Heavy Equipment Operator
9.00
Light Equipment Operator
8.00
Motor Grader Operator
10.25
Roller
7.00
Scraper
7.50
Tractor -Trailer
8.50
Truck Driver -Heavy
8.00
Truck Driver -Light
7.00
4
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.
EXHIBIT D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
3
SPECIFICATIONS
i
J Project Manual
City of Lubbock, Texas
Sandhills Well Field Test Holes
Bailey County, Texas
August 2006
PSC Project #: 01274905
10,
Parkhill, Smith & Cooper, Inc.
Engineers a Architects ■ Planners
No Text
TABLE OF CONTENTS
DIVISION 0 - BIDDING REQUIREMENTS AND CONTRACT INFORMATION
00300 Proposal.......................................................................................................................................
DIVISION 1 - GENERAL REQUIREMENTS
01010
Summary of Work..................................................................................................................... 2
01019
Contract Considerations............................................................................................................ 2
01025
Measurement and Payment........................................................................................................ 2
01040
Coordination and Meetings....................................................................................................... 2
01300
Submittals...........................................................................:...................................................... 3
01400
Quality Control.......................................................................................................................... 2
01500
Construction Facilities and Temporary Controls...................................................................... 2
01700
Contract Closeout...................................................................................................................... 2
DIVISION 2 - SITE WORK
02671 Test Hole................................................................................................................................... 3
DIVISIONS 3 - 16
Not Used
01274905 TABLE OF CONTENTS PAGE - 1
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SECTION 01010
SUMMARY OF WORK
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Work covered by Contract Documents
B. Contractor use of site.
C. Owner occupancy.
1.2 RELATED SECTIONS
A. General Conditions.
B. Section 01300 - Submittals: Schedules of Values.
1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. Identification: Sandhills Well Field Test Holes.
1. Location: Bailey County, Texas (Refer to location map.)
2. Owner: City of Lubbock, Texas.
B. Verbal Summary: Without force or effect on requirements of the Contract Documents a brief
description of the Project is as follows:
The project consists of the drilling of 27 test holes.
1.4 CONTRACTOR USE OF PREMISES
A. General: During the construction period the Contractor shall have full use of the premises for
construction operations, including use of the site. The Contractor's use of the premises is
limited only by the Owner's right to perform work or to retain other contractors on portions of
the Project.
B. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to
areas within contract limits indicated. Do not disturb portions of the site beyond the areas in
which the Work is indicated.
1. Owner Occupancy: Allow for Owner occupancy.
2. Driveways and Entrances: Keep entrances serving the premises clear and available to
the Owner, the Owner's employees, and emergency vehicles at all times.
PART 2 - PRODUCTS
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01274905 SUMMARY OF WORK 01010 - 1
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PART 3 - EXECUTION
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END OF SECTION
SUMMARY OF WORK
01010-2
SECTION 01019
CONTRACT CONSIDERATIONS
PART 1-GENERAL
1.1 SECTION INCLUDES
A. Application for Payment.
B. Change procedures.
1.2 RELATED SECTIONS
A. General Conditions.
B. Section 01300 - Submittals.
1.3 APPLICATIONS FOR PAYMENT
A. Submit four copies of each application.
B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment.
C. Payment Period: As defined in Owner -Contractor agreement.
D. Waiver of liens from subcontractor.
1.4 CHANGE PROCEDURES
A. The Engineer will advise of minor changes in the Work not involving an adjustment to
Contract Sum/Price or Contract Time as authorized by EJCDC 1910-8, 1990 Edition, Article
10 by issuing a work directive change on EJCDC 1910-8-F.
B. The Engineer may issue a Proposal Request which includes a detailed description of a
proposed change with supplementary or revised Drawings and specifications, a change in
Contract Time for executing the change. Contractor will prepare and submit an estimate within
7 days.
C. The Contractor may propose a change by submitting request for change to the Engineer,
describing the proposed change and its full effect on the Work. Include a statement describing
the reason for the change, and the effect on the Contract Sum/Price and Contract Time with
full documentation and a statement describing the effect on Work by separate or other
contractors. Document any requested substitutions in accordance with Section 01600.
D. Stipulated Sum/Price Change Order: Based on Proposal Request and Contractor's fixed price
quotation or Contractor's request for a Change Order as approved by Engineer.
E. Construction Change Authorization: Engineer may issue a directive on EJCDC Form 1910-8-
F, Work Directive Change, signed by the Owner, instructing the Contractor to proceed with a
change in the Work, for subsequent inclusion in a Change Order. Document will describe
changes in the Work, and designate method of detennining any change in Contract Sum/Price
or Contract Time. Promptly execute the change.
F. Time and Material Change Order: Submit itemized account and supporting data after
completion of change, within time limits indicated in the Conditions of the Contract. Engineer
will determine the change allowable in Contract Sum/Price and Contract Time as provided in
the Contract Documents.
01274905 CONTRACT CONSIDERATIONS 01019 - 1
08/06
G. Maintain detailed records of work done on Time and Material basis. Provide full information
required for evaluation of proposed changes, and to substantiate costs for changes in the Work.
H. Change Order Forms: EJCDC 1910-8-13.
I. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as
provided in the General Conditions of the Contract.
PART 2 - PRODUCTS
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PART 3 - EXECUTION
Not Used
END OF SECTION
01274905 CONTRACT CONSIDERATIONS 01019 - 2
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SECTION 01025
MEASUREMENT AND PAYMENT
PART 1-GENERAL
1.1 PRICE
The unit price or lump sum price bid on each item, as stated in the proposal, shall include furnishing
all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete
the various items of work in accordance with the plans and specifications. The quantities listed in the
Bid Sheet are estimated for the purpose of comparing bids. Payment for each item will be made for
actual measured field quantities. Cost of work or materials shown on the plans or called for in the
specifications and for which no separate payment is made shall be included in the bid prices on the
various items for which payment is provided.
1.2 MOBILIZATION
Mobilization shall include costs associated with move -in related equipments and labor, bid bond,
performance and construction bonds and insurance required for this project. Total mobilization cost
allowed in the bid proposal shall be limited to five (5) percent of the total bid price.
1.3 DRILLING TEST HOLE
The total depth of test hole as authorized by Engineer, from ground surface to the bottom of hole will
be measured. Payment will be made for the measured depth at the contract unit price per linear foot.
This price shall include all cost of drilling the hole through whatever materials are encountered to the
depth directed by the Engineer.
1.4 GEOPHYSICAL LOGGING
Log the test hole using an Engineer accepted electrical logging system from the ground surface to the
bottom of the hole. Payment for geophysical logging is included within the contract unit price per
linear foot for drilling of the test holes. No separate payment for geophysical logging will be made.
That price shall include all cost including set-up, recording and providing copies of the results.
1.5 FINAL CLEANUP
A. The Contractor shall make a final cleanup of all test hole locations before final acceptance of
the work by the Owner. This cleanup shall include, among other things, removing all
construction materials, final grading and restoration of the construction sites, and in general
preparing the site of the work in an orderly manner.
B. The cost of cleanup shall be included as a part of the cost of the various items of work
involved and no direct compensation will be made for this work.
PART 2-PRODUCTS
Not Used
01274905 MEASUREMENT AND PAYMENT 01025 - 1
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7
7-1
PART 3 - EXECUTION
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01274905
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END OF SECTION
MEASUREMENT AND PAYMENT
01025-2
SECTION 01040
COORDINATION AND MEETINGS
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Coordination
B. Field Engineering
C. Preconstruction Conference
1.2 COORDINATION
A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to
assure efficient and orderly sequence of installation of interdependent construction elements
with provisions for accommodating items installed later.
B. Verify that utility requirement characteristics of equipment and materials to be incorporated
into the project are compatible. Coordinate work of various Sections having interdependent
responsibilities for installing, connecting to, and placing in service, such equipment and
materials.
C. Coordinate completion and clean up of Work.
1.3 PRECONSTRUCTION CONFERENCE
A. Engineer will schedule a conference after Notice to Proceed.
B. Attendance Required: Owner, Engineer and Contractor and major subcontractors.
C. Agenda:
I . Execution of Owner -Contractor Agreement.
2. Submission of executed bonds and insurance certificates.
3. Distribution of Contract Documents.
4. Submission of list of Subcontractors, list of products, Schedule of Values, and progress
schedule.
5. Designation of personnel representing the parties in Contract and the Engineer.
6. Procedures and processing of field decisions, submittals, substitutions, applications for
payments, proposal request, Change Orders and Contract closeout procedures.
7. Scheduling.
8. Use of premises by Owner and Contractor.
9. Owner's requirements.
10. Construction facilities and controls provided by Owner.
11. Temporary utilities provided by Contractor.
12. Survey layout.
13. Security and housekeeping procedures.
14. Schedules.
15. Procedures for testing.
16. Procedures for maintaining record documents.
17. Requirements for start-up of equipment.
18. Inspection and acceptance of equipment put into service during construction period.
01274905 COORDINATION AND MEETINGS 01040 - 1
08/06
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.1 EXAMINATION
Verify that existing site conditions and substrate surfaces are acceptable for subsequent work.
Beginning new work means acceptance of existing conditions.
END OF SECTION
01274905 COORDINATION AND MEETINGS 01040 - 2
08/06
SECTION 01300
SUBMITTALS
PART1-GENERAL
1.1 SECTION INCLUDES
A.
Submittal procedures.
B.
Resubmittal requirements.
C.
Proposed products list.
D.
Shop drawings.
E.
Product data.
F.
Samples.
G.
Manufacturers' instructions.
H.
Manufacturers' certificates.
1.2 RELATED SECTIONS
A.
General Conditions.
B.
Section 01019 - Contract Considerations.
C.
Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates and closeout
submittals.
1.3 SUBMITTAL PROCEDURES
A.
Transmit each submittal with Contractor's standard transmittal letter including Contractor's
name, address and phone number.
B.
Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail
number(s), and specification Section number, as appropriate.
C.
Apply Contractor's stamp, signed or initialed certifying that review, verification of Products
required, field dimensions, adjacent construction Work, and coordination of information, is in
accordance with the requirements of the Work and Contract Documents.
D.
Schedule submittals to expedite the Project, and deliver to Engineer at his business address.
Coordinate submission of related items.
L
E.
Identify variations from Contract Documents and Product or system limitations which may be
detrimental to successful performance of the completed Work.
F.
Provide space for Contractor and Engineer review stamps.
G.
Revise and resubmit submittals as required, identify all changes made since previous
submittal.
H.
Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly
report any inability to comply with provisions.
I.
Submit initial submittal schedule within fifteen (15) days after receipt of Notice to Proceed.
1.4 RESUBMITTAL REQUIREMENTS
A. Revise initial submittal as required and resubmit to meet requirements as specified.
B. Mark as RESUBMITTAL.
01274905 SUBMITTALS 01300 - 1
08/06
1.5 PROPOSED PRODUCTS LIST
A. Within 15 days after date of Notice to Proceed, submit complete list of major products
proposed for use, with name of manufacturer, trade name, and model number of each product.
B. For products specified only by reference standards, give manufacturer, trade name, model or
catalog designation, and reference standards.
1.6 SHOP DRAWINGS
A. Submit in reproducible form.
B. Drawing size shall be minimum 8 1 /2 x I 1 inches and maximum of 30 x 42 inches.
-' 1.7 PRODUCT DATA
A. Submit the number of copies which the Contractor requires, plus four copies which will be
retained by the Engineer.
B. Mark each copy to identify applicable products, models, options, and other data.
C. Include recommendations for application and use, compliance with specified standards oftrade
associations and testing agencies.
D. Include notation of special coordination requirements for interfacing with adjacent work.
E. After review, distribute in accordance with Article on Procedures above and provide copies for
Record Documents described in Section 01700 - Contract Closeout.
1.8 SAMPLES
A. Samples of materials may be requested at any time by the Owner or Engineer.
1.9 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specification Sections, submit manufacturers' printed instructions
for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities
specified for Product Data.
B. Identify conflicts between manufacturers' instructions and Contract Documents.
1.10 MANUFACTURER'S CERTIFICATES
A. When specified in individual specification Sections, submit manufacturers' certificate to
Engineer for review, in quantities specified for Product Data.
B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting
reference date, affidavits, and certifications as appropriate.
C. Certificates may be recent or previous test results on material or Product, but must be
acceptable to Engineer.
PART 2 - PRODUCTS
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01274905 SUBMITTALS 01300 - 2
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PART 3 - EXECUTION
Not Used
END OF SECTION
01274905 SUBMITTALS 01300 - 3
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SECTION 01400
QUALITY CONTROL
PART1-GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, General Contract Provisions, Special Provisions and Division 1 - General
Requirements apply to the work of this Section.
1.2 SECTION INCLUDES
A. Quality assurance and control of installation.
B. Tolerances.
C. References.
D. Inspection and testing laboratory services.
1.3 RELATED SECTIONS
A. Section 01300 - Submittals: Submission of Manufacturers' Instructions and Certificates.
1.4 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and
workmanship, to produce Work of specified quality.
B. Comply fully with manufacturers' instructions, including each step in sequence.
C. Should manufacturers' instructions conflict with Contract Documents, request clarification
from Engineer before proceeding.
D. Comply with specified standards as a minimum quality for the Work except when more
stringent tolerances, codes, or specified requirements indicate higher standards or more precise
workmanship.
E. Perform work by persons qualified to produce workmanship of specified quality.
1.5 TOLERANCES
A. Monitor tolerance control of installed Products to produce acceptable Work. Do not permit
tolerances to accumulate.
B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with
Contract Documents, request clarification from Engineer before proceeding.
C. Adjust Products to appropriate dimensions; position before securing Products in place.
1.6 REFERENCES
A. Conform to reference standard by date of issue current on date of Contract Documents, except
where a specific date is established by code.
B. Obtain copies of standards when required by Contract Documents.
01274905 QUALITY CONTROL 01400 - 1
08/06
C. The contractual relationship duties and responsibilities of the parties in Contract nor those of
the Engineer shall not be altered from the Contract Documents by mention or inference
otherwise in any reference document.
1.7 INSPECTION AND TESTING LABORATORY SERVICES
A. If necessary, an independent firm will perform any additional inspections, tests, and other
services required by the Engineer.
B. Reports will be submitted by the independent firm to the Engineer, in triplicate, indicating
observations and results of tests and indicating compliance or non-compliance with Contract
Documents.
C. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools,
storage, safe access, and assistance by incidental labor as requested.
I . Notify Engineer and independent firm 48 hours prior to expected time for operations
requiring services.
2. Make arrangements with independent firm and pay for additional samples and tests
required for Contractor's use.
D. Testing or inspecting does not relieve contractor from performing Work to contract
requirements.
E. Retesting required because of non-conformance to specified requirements shall be performed
by the same independent firm on instructions by the Engineer. Payment for retesting will be
paid by the Contractor.
PART 2 - PRODUCTS
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PART 3 - EXECUTION
Not Used
END OF SECTION
01274905 QUALITY CONTROL 01400 - 2
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SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Temporary Utilities: Electricity, lighting, ventilation, water, and sanitary facilities.
B. Temporary Controls: Barriers, fencing, protection of the Work, and water control.
C. Construction Facilities: Access roads, parking, progress cleaning, and project signage.
1.2 RELATED SECTIONS
A. General Conditions.
B. Section 01700 - Contract Closeout: Final cleaning.
1.3 TEMPORARY ELECTRICITY
A. Provide temporary electric service as required.
1.4 TEMPORARY WATER SERVICE
A. Contractor shall be responsible for transporting water for construction purposes and potable
water for construction personnel.
B. Construction water will be available in the well field at well locations identified by City
personnel at no cost to the Contractor. Exercise measures to conserve water.
1.5 TEMPORARY SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures.
B. Permanent building facilities shall not be used during construction operations. Maintain daily
in clean and sanitary condition.
1.6 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use
of site, and to protect existing facilities and adjacent properties from damage from construction
operations and demolition.
B. Provide protection for plant life designated to remain.
C. Protect non -owned vehicular traffic, stored materials, site and structures from damage.
1.7 WATER CONTROL
A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain
pumping equipment.
B. Protect site from puddling or running water. Provide water barriers as required to protect site
from soil erosion.
01274905 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 1
08/06
1.8
PROTECTION OF INSTALLED WORK
A.
Protect installed Work and provide special protection where specified in individual
specification Sections.
B.
Provide temporary and removable protection for installed Products. Control activity in
immediate work area to minimize damage.
1.9
SECURITY
A.
Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft.
1.10
ACCESS ROADS
A.
Construct and maintain temporary roads as necessary to serve construction area.
B.
Extend and relocate as Work progress requires. Provide detours necessary for unimpeded
traffic flow.
C.
Designated existing on -site roads may be used for construction traffic.
1.11
PROGRESS CLEANING
A.
Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly
condition.
B.
Remove waste materials, debris, and rubbish from site and dispose off -site at intervals as
required to maintain clean site.
1.12
REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A.
Remove temporary above grade or buried utilities, equipment, facilities and materials as soon
as permanent facilities can be utilized.
B.
Remove underground installations to a minimum depth of 2 feet. Grade site as indicated.
C.
Clean and repair damage caused by installation or use of temporary work.
D.
Restore existing facilities used during construction to original condition. Restore permanent
facilities used during construction to specified condition.
PART 2-PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION
01274905 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 2
08/06
SECTION 01700
CONTRACT CLOSEOUT
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Closeout procedures.
B. Final cleaning.
C. Adjusting.
D. Project. record documents.
1.2 RELATED SECTIONS
A. General Conditions.
1.3 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has been
inspected, and that Work is complete in accordance with Contract Documents and ready for
Engineer's inspection.
B. Provide submittals to Engineer that are required by governing or other authorities.
C. Submit final Application for Payment identifying total adjusted Contract Sum, previous
payments, and sum remaining due.
1.4 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Remove temporary labels, stains and foreign substances.
C. Clean equipment.
D. Clean site.
E. Remove waste and surplus materials, rubbish, and construction facilities from the site.
F. Repair, patch and touch-up marred surfaces to match adjacent finishes.
1.5 PROJECT RECORD DOCUMENTS
A. Maintain on site, one set of the following record documents; record actual revisions to the
Work:
1. Contract Drawings.
2. Specifications.
3. Addenda.
4. Change Orders and other Modifications to the Contract.
5. Reviewed shop drawings, product data, and samples.
B. Store Record Documents separate from documents used for construction.
C. Record information concurrent with construction progress.
D. Specifications: Legibly mark and record at each Product section description of actual Products
installed, including the following:
1. Manufacturer's name and product model and number.
01274905 CONTRACT CLOSEOUT 01700 - 1
08/06
2. Product substitutions or alternates utilized.
3. Changes made by Addenda and Modifications.
E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction
including:
1. Measured horizontal and vertical locations of underground utilities and appurtenances,
referenced to permanent surface improvements.
2. Measured locations of internal utilities and appurtenances concealed in construction,
referenced to visible and accessible features of the Work.
3. Field changes of dimension and detail.
4. Details not on original Contract Drawings.
5. Changes made by addenda and modification.
F. Submit documents to Engineer with claim for final Application for Payment.
PART 2 - PRODUCTS
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PART 3 - EXECUTION
Not Used
END OF SECTION
01274905 CONTRACT CLOSEOUT 01700 - 2
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SECTION 02671
TEST HOLE
PART 1 - GENERAL
1.1 REFERENCES
A. The publications listed below form a part of this specification to the extent referenced. The
publications are referred to in the text by basic designation only.
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) (Latest Version)
ASTM A 48
Grey Iron Castings
ASTM A 53
Pipe, Steel, Black and Hot -Dipped, Zinc -Coated Welded and Seamless
ASTM B 124
Copper and Copper -Alloy Forging Rod, Bar, and Shapes
ASTM C 150
Portland Cement
AMERICAN WATER WORKS ASSOCIATION (AWWA)
AWWA-01 Standard Methods for the Examination of Water and Wastewater
AWWA A100
Water Wells
AWWA B300
Hypochlorites
AWWA B301
Liquid Chlorine
AWWA C200
Steel Water Pipe — 6 In. (150 mm) and Larger
AWWA C206
Field Welding of Steel Water Pipe
1.2 SUBMITTALS
A. The following shall be submitted in accordance with Section 01300 SUBMITTAL
PROCEDURES:
1. Reports
a. Tests: Reports shall be made within 48 hours following the conclusion of each
test.
2. Records
a. Permits: A copy of all permits, licenses, or other requirements necessary for
execution of the work.
b. Boring Log: During the drilling of the well, an accurate log shall be
maintained. As a minimum, the log shall include depths, elevations, and
descriptions of all formations encountered; identification of each stratum
according to the Unified Soil Classification System; or standard rock
nomenclature, as necessary, soil sample locations and number, and depths at
which groundwater is encountered. Soil samples shall be taken from each
different material encountered or at least from each 10 feet. The contractor
will carefully preserve a true and representative sample of the material. At
least one pint of the material shall be collected for each sample and placed in
a suitable container. The container shall be labeled with the well number and
depth from surface to the point from which the sample was obtained. These
samples shall be preserved by the contractor and shall be the property of the
Owner. The Contractor shall furnish the containers for the samples. The
01274905 TEST HOLE 02671 - 1
08/06
Contractor shall prepare a graphic boring log to scale showing the required
details. Five copies of the boring log drawing shall be submitted. This
drawings shall be used for determining the well design, design of the gravel
filter, well screen location and screen openings.
C. Certification to assure test holes are plugged in accordance with state
standards.
1.3 ENVIRONMENTAL PROTECTION
A. The Contractor shall take all precautions as may be required to prevent contaminated water
or water having undesirable physical or chemical characteristics from entering the water
supply stratum through the well bore or by seepage from the ground surface. The
Contractor also shall take all precautions necessary to prevent contamination of the ground
surface or surface waters resulting from drilling of the well.
PART 2 - PRODUCTS
2.1 DRILLING FLUID
A. Use a drilling fluid which facilitates the removal of formation cuttings and stabilizes
drilling and completion operations. One (1) of the following types of drilling fluids may be
used: fresh water -based drilling fluid or natural drilling fluids with at least 0.5 mg/1 of
chlorine residual.
B. Additives may be used at the discretion of the Contractor upon Engineer approval. Drilling
fluid properties shall be maintained within limits that will allow their complete removal
from the well and will not damage the potential capacity, efficiency or quality of the well.
Any additives used shall be logged.
PART 3 - EXECUTION
3.1 CONSTRUCTION
A. General Requirements
1. The Contractor shall provide the necessary slush pits and drainage ditches. Slush pits
and drainage ditches shall be excavated as required and, after completion of the well,
the slush pits and drainage ditches shall be filled and all sand, muck and other
unsuitable materials shall be removed from the site and entire area regarded to
approximately its original condition. Slush pits shall be located to cause the
minimum damage to the adjacent area.
B. Test Hole
1. The Contractor shall drill a test hole not less than eight (8) inches in diameter to red
bed. Upon completion of activities, test holes shall be backfilled from total depth to
the ground surface with a mixture of eight (8) percent bentonite, ninety-two (92)
percent Portland cement, and water to create 13 lb/gal slurry mix. The driller shall
keep an accurate log of all formations encountered, which shall be recorded in a
driller's log book. This log book shall be kept at the drill site during all periods of
drilling operation and shall be available for inspection by the Engineer or Engineer's
representative. A description of formation samples shall be recorded in the log book
in ten (10)-foot increments or at any formation change. Formation samples are to be
01274905 TEST HOLE 02671 - 2
08/06
collected at ten (10)-foot intervals and retained in properly labeled and identified
cloth sample bags through any zones of sand in the test hole which may be potential
water bearing strata. Three sets of these samples shall be collected: one for the
Engineer, one for laboratory analysis, and one for the Contractor. The Contractor
shall, at his own expense, have the samples analyzed by a commercial firm or screen
manufacturer in order to determine selection of screen slot openings and proper
gravel pack size. This analysis shall be reported on a standard sand sieve analysis
graph as cumulative percent retained. The contractor shall also supply a spontaneous
potential (sp), gamma, resistivity and 6 ft. lateral log for each of the test holes.
3.2 CLEANUP
A. Upon completion of the well construction and other incidentals, all debris and surplus
materials resulting from the work shall be removed from the jobsite.
END OF SECTION
01274905 TEST HOLE
08/06
02671 - 3
TEST HOLE LOCATIONS
AUGUST 2006
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