Loading...
HomeMy WebLinkAboutResolution - 2004-R0157 - Contract For Lopez Park Iirigation Wells - 03_23_2004 (3)Resolution No. 2004—RO157 March 23, 2004 Item No. 46 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Lopez Park irrigation wells, by and between the City of Lubbock and Acosta Drilling of Lamesa, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of Much , 2004. MARC-MCVOUGAL, MAYOR ATTEST: A. i Ifs Secretary APPROVED AS TO CONTENT: VZIA Kpy�gA� Victor KiIrrktn, Purchasing Manager APPROVED AS TO FORM: Mhn M. Knight -,�i Assistant City Attorney gs/ccdocs/Contract-Acosta Drilling.res March 12, 2004 BOND CHECK BEST RATING LICENS 74 4 DATE y� 1° Ter .Lb CITY OF LUBBOCK SPECIFICATIONS FOR LOPEZ PARK IRRIGATION WELLS ITB #015-04/BM k "A City Of .Planned Progress" CITY OF LUBBOCK Lubbock, Texas ITB #015-04/13M, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 1 ITB #015-04/BM Lopez Park Irrigation Wells February 10, 2004 February 26, 2004 @ 1:00 P.M. CST The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidder's attention is invited to the following questions and their respective answers: QUESTION: It is stated in Specification Section 02525, paragraph, 3.2 that the drilling shall be done with reverse rotary drilling. Is Mud Rotary an acceptable method of drilling the wells? ANSWER: Yes, Mud Rotary is an acceptable method. QUESTION: Will the slush pits have to be hauled off to the landfill or can they be cleaned up onsite? ANSWER: The slush pits will not have to be hauled off to the landfill. They do need to be filled and cleaned to pre-existing conditions. Currently Lopez Park does not have any sod or landscape. The installation of an irrigation system along with the sod will follow the installation of these wells. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to bmacnair@mylubbock.us THANK YOU, CITY OF LUBBOCK ruce Mac air Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasine Manager if anv laneuaee. reauirements. etc., or anv combinations thereof, inadvertently restricts or limits the reouirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#015-04/BMAd 1 1 CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LOPEZ PARK IRRIGATION WELLS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 015-04/13M PROJECT NUMBER: 6111.8302.06914 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS li 11 NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #015-04/BM Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 1:00 o'clock p.m. on the 26th day of February, 2004, 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: "LOPEZ PARK IRRIGATION WELLS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 o'clock p.m. on the 26th day of February, 2004, and the City of Lubbock City Council will consider the bids on the 23rd day of March, 2004, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the a successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local ' conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 10th day of February, 2004 at 9:00 o'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained from City of Lubbock, 1625 13th Street, Lubbock, Texas, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included �- in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, - Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KI AN PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LOPEZ PARK IRRIGATION WELLS per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 p.m. CST, the 26th day of February, 2004 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #015-04/BM, LOPEZ PARK IRRIGATION WELLS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 9:00 a.m., February 10th, 2004 in Engineering Conference Room 107, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in j preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in r, any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. , 1 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY 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 bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 2 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. Li i 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasina Manaaer if anv lanauaae, requirements, etc., or anv combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 162513`h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mylubbock.us 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 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 r- , 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. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, ,J supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 4 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and j telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. t 25 INSURANCE j 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 ? 5 i ( _. 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 AN 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. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without 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 b 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, I or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees i 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. it f, ?_ l 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If rj the bid is submitted by a company or corporation, the company or corporate name and business address �j must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been r opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS C_1 Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 6) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of i Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations `? 7 l_ deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 9. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR !' GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. BID SUBMITTAL I BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: #015-04/BM - LOPEZ PARK IRRIGATION WELLS Bid of �;'( 5? f% `� R) ,� G (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a LOPEZ PARK IRRIGATION WELLS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. 340 VF Drill two irrigation wells 17 Y2 inches in diameter, 140-170 feet per well in depth, as herein specified for the unit price of: WG�lr�l�Gl>�� SERVICES: .�1 /iu.s��,�-� �cn Iwid rFc-{-a�N' dollars Lor �Y cents ($_/_%% /VF)_($ ' l �ollars `�!� ,r cents ($ /O )_($�I ��`r ) TOTAL BID ITEM #1:jV , ,,,� �iuusAnsl S, 1,_:� r, .,, rrr NF 2. 160 VF Furnish and install 10 % inch diameter low carbon steel casing 70-90 feet per well, as herein specified for the unit price of: MATERIALS: C'ne—Thcu5en- dollars ZP40 cents ($ ' , /VF)_($ 1660 60 ) SERVICES-:, { 1 "; G�tsFl�t�yen �'lur�lY o4 f*Wridollars Z�',`c; cents ($ + ~ /VF)_($ 37 0) ' ) - - TOTAL BID ITEM #24cur- nr: c a"'-'n luny+,'c dollars 2e C cents 3. 160 VF Furnish and install 10 % inch diameter screen with openings 40/1000 of an inch 70-90 feet per well, as herein specified for the unit price of: MATERIALS =r � ,hc aS ci Fvl- h- nr', tl n dollars cents ($ U6 NF)_($ L i� OCa SERVICES: I� lid=, r?Lurt,c) dollars Zee cents TOTAL BID ITEM #3:F-y _�OLISfi,r( rY ))yrr1fy-rFtL dollaFs 2er,: cents ($ 4. 15 CY Furnish and install gravel, approximately 7.5 cubic yards per well, as herein specified for the unit price of: MATERIALS: c- u r _J 1 c u 5,4n 6 dollars � V e cents ($'� �. .7 /CY)_($14ow. Jam) SERVICES:("'De _Thous Hn j dollars ; i ve cents ($7_/CY)_($Ionn- D �� ) TOTAL BID ITEM #4: . �! V C Rih o �l s �inr� dollars cents ($ 33 3 `3 ;�/CY)_($ J[��_ (� ) 5. 120 CF Furnish and install neat cement seal, approximately 60 cubic feet per well, as herein specified for the unit price of: 4 MATERIALS: t Ile ► i1�F►vtz� h'i rYi rvr dollars 2 e r v cents SERVICES: Vt)e )ou 4- lv' &)NIted dollars Zeri cents ($ I-0- /CF)_($ L' Lo . 00 ) TOTAL BID ITEM #5: d r`) rc e (1 U 5 .a ��� dollars Zer�r cents ($ /CF $ 6. 140 VF Furnish and install three-inch gravel feed pipe, 70 feet per well, as herein specified for the unit price of: MATERIALS:Tf)rP n S 1U 11 Ci r A A- C}/ 1 dollars _2 r; cents ($NF)_($ �G)/- C C� ) SERVICES: 1) re Lt n c 1 1 e- l -a. (Me- dollars Lr," u cents ($Q, 15 NF) s3b I 0 I TOTAL BID ITEM #6:� t"x h UnClr' d -t r i lU-1 O dollars &-- v cents ($ Li 30 NF)_($ 0 Z- 0Q_) 7. 8 HRS Development with high speed bailing equipment approximately 4 hrs per well as herein specified for the unit price of: MATERIALS: �i/ )H hcus dollars v J cents ($ j O /HR)_($�L�C� ) _. ' c 1 r 1 (ty� 1� irc ollars 'Zr'ron cents $1 O-7• 5-Z /HR $ l6� Do SERVICES: �i 1� ��UUSA�-1 -�t � j yY1 ,�I ( )_( ) f s - TOTAL BID ITEM'97%1Vc %),;44 jollars cents ($31). 5�D /HR)_ 0,0D•00 8. 16 HRS Testing and development of two wells with test pump, including furnishing, installing and operating and submitting a complete set of records. Approximately 8 hours per well as herein specified for the unit price of: yy� I MATERIALS: LL)(' � rlo1,151`jed- yt Jiu,,4Ilars cents ($ .77 /HR)_($15. D ) SERVICESL j�f 1/ ��1.(5f}�C� �Ye a nC'i '� et dollars cents (s 'B %• 5 /HR)_($ ) TOTAL BID ITEM #8: 1)rt�►�1�lrSA rc'iiollars Z�"�ii cents ($l���� /HR)_( 2 9. 2 EA Furnish and install concrete floors and pumps bases, approximately 1.5 cubic yards of formed concrete, #4 bar, complete in place including all electrical conduits as shown on plans for the unit price of: MATERIALS:t)l-)C- --J%)G a Sftr,,(� -fuur 1)dollars cents ($�L-bEA)_($�`7f��1,�y ) SERVICES: it1P I G U S ►try _r �tr b u aci tc-,d dollars Z`'yy cents ($AEA)_($ TOTAL BID ITEM#9�1C�� iL��ZAru� lHn7 t_—VAnidollars cents ($ TOTAL BID, ITEMS 1-9: MATERIALS:TWe ; U�Tl�c'ir}�1-Th' c�o ars 7btT1titl .1�, v cents n 4S SERVICES7Wfn4y ruur 7)%aSAnej-5rx hvnclif=c1 -t Sdollars}y -+ i %i z cents ($ o ) . .E.W,v TOTAL BID ITEMS #1 - MA64r mix hv�ss�r,.� E t h t h�rYir*t clo ars 5t°u� „� v cents ($31� (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 30 (THIRTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. 1 Enclosed with this bid is a Cashier's Check or Certified Check for t rr i ,}, -ciac -- nK Dollars ($ jSyl � S ) or a Bid Bond in the sum of ffollars ($ 1, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, _J, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date bz-Ir, uq Addenda No. Date Addenda No. Date Addenda No. Date Date: 0( c�5-' 0)" Authorized Signature VIr .Q/Z, In. PCOfSTP (Printed or Typed Name) �tiD-)7 /teany CT(,7.6nK 1 i Address a G ,!�iv�ar� i cQ�t' i State Zip Code � Telephone: - Lz'�[2i6` C Fax: F-�-7'D - to L4 i M/WBE Firm: woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LIST OF SUBCONTRACTORS Minority Owned Yes No 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ 0 ❑ ❑ ❑ ❑ ❑ 5 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal IJ I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: (Print or Type ) CONTRACTOR'S FIRM ADDRESS: Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #015-04/BM - LOPEZ PARK IRRIGATION WELLS t 6 L PAYMENT BOND SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, Texas 78746 512-732-0099 TEXAS STATUTORY PAYMENT BOND (Public Works) Bond No.:4343396 KNOW ALL MEN BY THESE PRESENTS: THAT, Acosta Drilling (hereinafter called the Principal), as principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto City of Lubbock (hereinafter called the Obligee), in the amount of Thirty-nine thousand six hundred twenty-nine dollars and seventy cents Dollars ( $39,629.70 ) 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 contract with the Obligee, dated the 23rd day of March , 2004 for Lopez Park Irrigation Wells, Bid No. 015-04/BM, which contract is hereinafter referred to as the "Contract." 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 null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30th day of March, 2004. Principal: Acosta Drilling By: Surety: re c Insu ce a y By- aul B. Robinson rney-in-Fact Please refer to Attached Rider for Important Notices and Coverage Information Rev. 11.11.2003 4 SureTec 4343396 GENERAL POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Paul B. Robinson of Austin, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 1 Ith day of June, A.D. 2002. Corporate Seal State of Texas County of Harris SVRAINV cif x q `lo �a WW. 1W Cl 2 ems+. 1 .... ss: .„ ^' SURETEC INSURANCE COMPANY By Job fix, Jr., President On this 1 lth day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. DONNAU.IBANEZ ( d,1y� No"Pubk.8touol Aou Notary Seal `' ��01"'•4ien•� onna U. Ibanez, Notary c JUNE11,Me My commission expires June 11, 2006 I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this 30th day of March, 2004, A.D. FP0 P Corporate Seal cc Cl Michael P. Whisenant, �s 1 Vice President, Assistant Secretary .........• No Text CERTIFICATE OF INSURANCE r-rom: melange caws Nc I rmmeiaager Ineuranoe ASSOC, LL.P Faxl� TrMIDIt Batter Insir To: Acosta DMIling Data: 226r2004 10:35 AM Page: 1 of 1 ACORD_ CERTIFICATE OF LIABILITY INSURANCE OF ID DATE (MY) MMIDff ACOST-2 02/26/04 PROD:JCER THIS CERTIFICATE 18 ISSUED AS A mATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Trimble-Batjer Ins. Assoc. LLP HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O BOX 2480 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Angelo TX 76902-2480 Phone: 325-653-6733 Fax: 325-653-4883 I INSURERS AFFORDING COVERAGE NAIL & WSURED ' I_JS:.AERA. Union Standard Insurance INS',RFR8 Continental Western Ins Cc ' Acosta Drilling ! :.NSIJPER C Union Insurance CoMany P. 0. BOX 1181 Lamesa TX 79331 j FNStPER D 1 INSLPER E: :OVERAGES rE POLICIES OF INSLR4-.10E L ISTED BELO:V KgVE BEE1r iSSLED TO THE INSLRED KAMED ABOOVE FOR THE PCLiCY PEP0.^D IH®IC-TED. ,iC;nVFTHSTAV l[C-. AN'Y REQUIRSAENT, TEAM OR CONDFTICN OF OTI-EF 1DG_INjEf T WITH RESPECT TO WHICH THIS CERTIFICATE t,AY BE ISELEG CP MAY PERTAIR THE INSLIaAtlCF AFFORDED BY THE POLICIES DEbCFI?ED HEPEIiJ IS SI-UJECT TO ALL SUCH FOLIDES. AGGFEGATE LIM7S.SHDV N . MW( HAVE BEEP? FEDLICED BY PAID CFlulr LTR N TYPE OF INSURANCE POLICY NLR BEER OATS r-YMRILYW' I DATE MN197 ! UWTs ' GENERAL LIABILITY j EAC, CCCURRENCE I $ 1, O 0 0 , 00 O A X '-'aMMERCLAL rEJERAL LIA31LITY I CPA411802710 ( 05/24/03 05/24/09 ,?REMiSES(Easccurencp: F 100,000 j t CLAIMS MALE I XI- OC_JJR it I MED EaP [Any vm pe... on) 115,000 --i**s8� SPECIALrPE &ADV1,J,IJRY $1,()0D,000 ! t'—I' PP:OVISIONS ! i i j GENERALAGGREGATE j12,000,000 � + — AGGREGWE LIMIT A?PLIES -ER � � ,,—a-CTS - CGHP/CP AGG i12,000,000 POLICY ! X JEc`�r LOC j AUTONOBILE Lweurr !� i C j X.)IN ALTO + (05/24/03 05/24/04 ; X-McILEDSING'-- LIMIT ',Ea scca) $ 1 000 000 (T411786530 I - ALL OWNED ALTOS EIC-31LI !WURi 5 ! SCIfDII'eC All'TCS i lea Per3on} HIPED Auras i j i---! � ! 16:A1Y iN.1JRY I a tjoN,I D MDAL?OS ! '-... X I ! i t eraocJsntj L_:'...... **SEE SPECIAL { ! 1 PROPERTY DAMAGE � $ PROVISIONS iFerarndantJ LIABILITY ALIT© CdsY - EA ACC06'r $ iGAARAGE •ANY I i F71 j AUTO I EAACC i R THAN 3 I AUTO OULY' B i �EMEBUBRELLLAIT1EkCHCCUPAENCE MADE iAGcAEOCCUR ❑CU`5 !41,000,000 $ 1,000,000 I $ DEDLJCT!ELE X RETe,1TIC41 $ 10 WORKERS COMPENSATION AND I I i LIMIT LIMPS Ek EMPLOYERS' LIABLITY i i j E.L. EACHACCICENF f ANY PROPRIETOWPAF^NERIExECUTIVE - OFF ICERAEM6ER EXCLLIDEDA i i E.L. DISEASE- EA EMPLOYEE! m' � i? vss, tlsscnDs untlsr � j SPECIAL PROVWICfIS eaan I E L GISEASE - POLICY IJIIMIT i OTHER i ! i I I DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS **SPECIAL PROVISIONS-Pol's incl blkt 30 day notice of cancl/matl chg (except aonpay, 10, addl inad & waiver of subro in favor of any person or organisation as required by signed, written contract CERTIFICATE HOLDER CANCELLATION ciTLUT$ SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRAMOH GATE THEREOF, THE MUING INSURER WILL ENCEAVORTO MAIL 30 DAYS WRITTEN NOME TO THE CERTIFICATE HOLDER NAM'cD TO T•-E LEFT, BUT FAILURE TO DO 00 SHALL City Of Lubbock 1625 13th Street IMPOSE NO OBLIGATION OR LIMILITY OF ANY KIND UPON THE NSURER, ITS AGGNTS OR Lubbock TX 79401 REPRESENTAWES. A(.:7KU L7 (1.1.11U7fU51 m AGOKO CORPORATKM 'I WO ACCRD_ CERTIFICATE OF LIABILITY INSURANCE OF; ID lid AICOST-z DATE(M6fQ0MlYY) I 04 05 04 PRODUCER Trimble-Batjer Ins. Assoc. LLP P 0 Box 2490 San Angelo TX 76902-2480 Phone: 325-6S3-6733 >rax: 325-653-4883 THIS CER7IFICATE 18188UED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIACATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. INSURERS AFFORDING COVERAGE NAIL M INSURED Acosta Drill iav T, sa�TX 79331 WSURERA Texas mutual Ins Co. INSURER B: aNSUIIRC INSFa£ao INSURER E: W •TTI d r7 Tel zkl THE POLICIES OF UNSUNANCE LIS fED BELOW HAVE BEEN MAUM TO THE MIIIRED NAMED ABONIE FOR 7FE POLICY PERIOD MICAiED. NOTWITHSTANDING ANY REOU94 ENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HERE W 18 SUBJECT TO ALL THE TERMS, OWLUSIONS AND CONDITIONS OF SULK POLICIES. AGGREGATE L"TS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAJMS. LTt NORE TYPE OF *GU ANCE POLICY NLM ER PDOMP19W WAW LIMITS GENERAL UABIM COM IERCIAL GENERAL LIABILITY CLAIMS MACE F I OCCUR EACH OCCURRENCE i PREMISES(Es oc=mce $ LED OW (ArV om Pw'-m) S PERSONAL 8 ADV KURY $ GENERAL AGGREGATE t GENL AGGREGATE LWT APPLIES PER POLICY ELT LOC PRODUCTS - COMF/OP AGG S AUfOMOBLS LWBt11Y ANY AUTO ALL OWNED AUTOS SCFEDU.ED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea a=deM s BOOZY PN,1lRY (P" Wso^) = BOOZY IiLRY (Per ea~) � PROPERTY DAMAGE (Per eccaert) _ GARAGEMMLRY AWAUTO AUTO ONLY -EAAOCIDENT S OTHERTHAN EAACC AUTO ONLY: AGG S S EXCEBSIU IBRELLA LVAN ITY OCCUR CLAW MACE DEDUCTIBLE RETENTION S i EACH OCCURRENCE $ AGGREGATE S S $ $ A WORN CIO TION AND ��rLboftny ,� � OFyyFFIaIC��ERIAEMBER EXCLUDED? SPECUILPROVISION Won BImzR Rfs OC3AL VR0VnM 04/05/04 04/05/05 X TORY LIMTIS ER EL. EACH $1000_000 E_L. DISEASE - EA EMPLOYEE $1000000 E.L.DISEASE-POLICYLIIT IS1000000 OTHER / ! **BPECXAL PROVISIONS -Policy includes blanket waiver of subrogation in favor of any person or organization as required by signed, written contract r� SHOULD ANY OF THE ABOVE DESCtiIBED POLICES BE CANCELLED ED BEFORE THE E%PBUTON DATE THEREOF, THE t OUM INSURER WLL ENDEAVOR TO UAL 10 DAYS WRITTEN i * NCITICY TO TIE CBRTFICATE HOLDER NAMED TO THE LEFT, BUF FAILURE TO DO 30 SHALL _ City of Lubbockock "'` 1625 13th Street NOSE NO OBLIGATION OR UIBILITY OF ANY FOND UFON THE *AURER, ITS AGENTII OR Zubbock TX 79401 111WRI6ETITATNHG. m.W m W ca TcUU1 rVG f ®ACORD CORPORATION 7888 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 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.❑ CONTRACT I CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 23RD day of March, 2004 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, j hereinafter referred to as OWNER, and Acosta Drilling of the City of Lamesa, County of Dawson and the State of Texas hereinafter termed CONTRACTOR. I WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #015-04/BM - LOPEZ PARK IRRIGATION WELLS - $39,629.70 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and clay first above written. CITY OF LUBJ8O,eK,TE4,5'(OWNER): CONTRACTOR: By: ffe] ATTEST: City cretary APP OVED AS TO C NT: Owner's rese ative L.I APPROVED AS TO F�RM: L1 p City ttorney ACOSTA DRILLING By: E PRINTED NAME:L TITLE: 6,-,�A 1, Qv' COMPLETE ADDRESS: Acosta Drilling PO Box 1221 Lamesa, TX 79331 ATTEST: Corporate Secretary GENERAL CONDITIONS OF THE AGREEMENT I 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 ACOSTA DRILLING 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 L. WOOD FRANKLIN CIVIC ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as mr, may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents 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. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. 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. No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26, RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in 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, 6 are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN 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 (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: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, L0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and 11 1_ Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on j the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 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. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will i G provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (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; i 10 i �_ t (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; "and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (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; (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, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 12 1 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. 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 L_ 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 $500 (FIVE HUNDRED DOLLARS) 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 �... 13 i shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the i construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission 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 bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without i limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the 14 Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS j 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 (I 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, i if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. U111 15 C..- 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 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 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 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. 16 i 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, 17 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. r 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. 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 t 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. 18 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. 19 CURRENT WAGE DETERMINATIONS hi 1 RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 2 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 .,..I 'J SPECIFICATIONS 11 LOPEZ PARK WATER WELL DEVELOPMENT PROJECT DRILL AND DEVELOP TWO MUNICIPAL IRRIGATION WELLS JANUARY 2004 TECHNICAL SPECIFICATIONS U� C. Execute Work in a coordinated manner to avoid conflicts with Owner's operations or other Contractors. D. Assume full responsibility for the protection and safekeeping of products furnished under this contract, stored on or off the site. 1.4 WORK SEQUENCE A. Construct work to accommodate Owner's occupancy requirements during the construction period. Coordinate construction schedule and operations with Owner's Representative. PART 2 PRODUCTS Not Used PART 3 EXECUTION { Not Used END OF SECTION Lopez Park Water Well Development 01010 — 2 01/2004 SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and work of the various sections of the Project to ensure efficient and orderly sequence of interdependent construction elements. B. Verify utility requirements and characteristics of operating equipment are compatible with site utilities. C. Coordinate completion and cleanup of Work of separate sections in preparation for Substantial Completion. D. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with contract documents, to minimize disruption of Owner's activities. E. The Public Works Department shall be notified 48 hours before the planned construction is to commence. F. Each bidder shall submit a Construction Schedule with their bid indicating the sequence of all construction activities to be performed. The scheduled completion date for this project shall be 30 calendar days from date specified within the Notice to Proceed. G. Upon award of the contract, the Construction Schedule will become part of the Contract Documents. H. The Contractor shall be issued a Notice to Proceed following approval of City Council execution of Contract Documents, and completion of pre -construction meeting. 1.02 PRE -CONSTRUCTION MEETING A. Owner's Representative will schedule a pre -construction meeting after award of contract. B. Attendance Required: Owner's Representative and Contractor. Lopez Park Water Well Development 01300-1 01/2004 C. Agenda: 1. Designation of personnel representing the parties in Contract. 2. Scheduling. 3. Notice to Proceed. 4. Emergency telephone contacts for Owner and Contractor. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract close-out procedures. 6. Submission of: a. List of subcontractors b. List of products c. Progress Schedule. 1.03 CONSTRUCTION PROGRESS DOCUMENTATION A. Construction Progress Schedules. 1. Submit initial schedule in duplicate within five (5) days after date of Notice to Proceed. 2. Revise and resubmit as required. 3. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. 1.04 SUBMITTAL PROCEDURES A. Approved Construction Plans: 1. The Contractor shall do construction in accordance with the approved construction plans provided for this project. The design shall comply with all specifications, and standards. B. Submittals for Review. 1. The Contractor shall submit the manufacturer's product data for all materials used in construction of this project. 2. The Contractor shall submit documents certifying test reports and verifying compliance of material for all materials used in the construction of this project. Lopez Park Water Well Development 01300-2 01/2004 3. The Contractor shall review all required components for use in this application to ascertain that all items will function as necessary and as designed. a. Transmit each submittal to Owners Representative: L. Wood Franklin, P.E. Interim Chief Engineer Public Works Engineering City of Lubbock P.O. Box 2000 Lubbock, TX 79457 4. Transmit a minimum of three (3) copies (number of copies which the Contractor requires, plus two (2) copies which will be retained by Owner's Representative) of each submittal unless otherwise specified in the individual sections. 5. Apply Contractor's stamp, signed or initialed certifying that review, approval, 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. 6. Schedule submittals to expedite the Project, and deliver to Owner's Representative at business address. Coordinate submission of related items. 7. For each submittal for review, allow five (5) days excluding delivery time to and from the Owner's Representative. 8. Identify variations from Central Documents and Product or system limitations, which may be detrimental to successful performance of the completed work. 9. When revised for resubmisson, identify all changes made since previous submission. 10. Submittals not requested will not be recognized or processed. 11. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. 12. Indicate conditions requiring special attention and special environmental criteria required for application. Lopez Park Water Well Development 01300-3 01/2004 1.05 CONTRACT CLOSEOUT A. The Contractor shall submit shop drawings indicating the demolition and removal sequence and the location and construction of barricades, fences, and temporary work areas as needed. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Lopez Park Water Well Development 01300-4 01/2004 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, water, and sanitary facilities. B. Temporary Controls: Barriers, protection of the work, and water control. 1.02 TEMPORARY ELECTRICITY A. Electricity not provided. Contractor must provide own electricity if required. B. Contractor shall provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. C. Contractor shall provide adequate distribution equipment, wiring, and outlets to provide single-phase branch circuits for power and lighting. 1.03 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES A. Provide and maintain sufficient lighting to meet the work needed. B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Maintain lighting and provide routine repairs. D. Permanent building lighting may not be utilized during construction. 1.04 WATER SERVICE A. The contractor shall provide his own water or obtain a temporary Fire Hydrant Meter by contacting Lubbock Power & Light at (806) 775-2509. A refundable deposit fee of $1500.00 is required for obtaining the Fire Hydrant Meter, available at the Water Utilities Shop. Contractor will pay for water used. 1.05 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service to field office at time of project mobilization. 1.06 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. City sanitary sewer is not available at site locations. Contractor to provide and maintain required facilities and enclosures. Lopez Park Water Well Development 01500 - 1 01/2004 1.07 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas. 1.08 SECURITY A. Coordinate with Owner's security program. 1.09 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, and materials, prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing and permanent 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 Lopez Park Water Well Development 01500 - 2 01/2004 J SECTION 01770 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. 1.2 RELATED SECTIONS A. Division I — General Requirements 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 Owner's Representative review. B. Owner's Representative will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Owner's Representative consider that the work is incomplete or defective. 1. Owner's Representative will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Owner's Representative that the Work is complete. 3. Owner's Representative will reinspect the work. C. Provide submittals to Owner's Representative that are required by governing or other authorities. D. 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 project assessment. Lopez Park Water Well Development 01770 —1 01/2004 B. Restore appearance, quality, and condition of finished surface to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. D. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Drillers Log 6. State Well Reports 7. Test Pumping Results B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract drawings. F. Submit documents to Owner's Representative with claim for final Application for Payment. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Lopez Park Water Well Development 01770 — 2 01/2004 SECTION 02525 MUNICIPAL IRRIGATION WATER SUPPLY WELLS PART 1 GENERAL 1.1 GENERAL The unit bid price on each item, as stated in the proposals, shall include furnishing all labor, superintendence, machinery, equipment and materials, except material specifically specified to be furnished by others, necessary or incidental to complete various items of work in accordance with the plans and specifications. Costs of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. 1.2 DRILLING Drilling of the water wells shall be paid for at the unit price bid per foot of depth of full diameter hole to a point 5 feet below the top of the pre-pliocene redbed. The unit price bid shall be complete compensation for drilling of the holes and shall include any and all incidental work not otherwise included on the bid items or otherwise provided for in the specifications. 1.3 PRODUCTION CASING Furnishing and installing production casing described in the plans and specifications shall be paid for at the unit price bid per foot of casing. The unit price bid shall be complete compensation for furnishing and installing the casing complete in place including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications. 1.4 SCREENS Furnishing and installing screens as described in the plans and specifications shall be paid for at r' the unit price per foot of screen. The unit price bid shall be complete compensation for furnishing and installing the screens complete in place including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications. 1.5 GRAVEL PACKING Furnishing and placing the gravel in wells as called for in the plans and specifications shall be paid for at the unit price bid per cubic yard of gravel pack and shall be complete compensation for furnishing and placing gravel in place, including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications. 1.6 GRAVEL FEED PIPE Furnishing and installing the gravel feed pipe shall be paid for at the unit price bid price bid per foot of installation complete in place, including all labor, materials, tools and other incidentals necessary including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications g Lopez Park Irrigation Well Development 02525-1 01/2004 1.7 CONCRETE FOR SURFACE SEAL Furnishing and installing concrete for surface seal shall be paid for at the unit price bid per cubic yard for production wells and per each on the monitor wells. The unit price bid shall be complete compensation for furnishing and installing concrete for surface seal complete in place, including any and all incidental work or materials not otherwise included in the bid items or l otherwise provided for in the specifications. 1.8 WELL DEVELOPMENT Well development by high speed bailer and test pumping shall be paid for at the unit price bid per hour of development. The unit price bid shall be complete compensation for development including all labor, tools, equipment and incidentals not otherwise included in the bid items or other otherwise provided for in the specifications. 1.9 CONCRETE FLOORS AND PUMP BASES Concrete floors and pump bases on production wells shall be paid for at the unit price bid per well site. The unit price bid shall be complete compensation for furnishing and installing the concrete floors and pump bases complete in place including all other tools, labor, materials and other incidentals not otherwise included in the bid items or otherwise provided for in the specifications. PART 2 PRODUCTS 2.1 GRAVEL The gravel for gravel packing shall be silicate particles of rock, as obtained from sources near Brady, Texas, referred to as Brady 8-16 or an approved equal. Crushed rock not acceptable, less than 5% soluble in HCL. Gravel specifications: 100% passing No. 7 screen 1.8% retained on No. 8 screen 26.9% retained on No. 10 screen 61.4% retained on No. 12 screen 92.3% retained on No. 14 screen 99.2% retained on No. 16 screen 2.2 PRODUCTION CASING Production casing shall be new 10 3/4 ASTM A-53 Grade B or better and have a minimum weight and thickness of American National Standards Institute schedule 10. Joints shall be welded and strapped with four one inch steel straps spaced evenly around the circumference of the casing. Lopez Park Irrigation Well Development 02525-2 01/2004 i �L00Z-f l- ` L)ID 2.3 SCREEN The screen shall be " Johnson Hi Cap " as manufactured by US Filter, Johnson Division or approved equal. The screen shall be manufactured with coated low carbon mild steel wire and have an outside diameter equal to the diameter of the production casing. The screen shall have openings of forty thousandths (40/1000) inch. The ends shall be equipped with welding rings for welding to casing or for welding together several sections of screen. The screen settings in each well shall be determined by the ENGINEER. 2.4 CONCRETE Approximately 1.5 cubic yards of Class A Fiber reinforced concrete shall be required for each concrete pump base and floor. The cement shall conform to Standard Specifications and tests for Portland Cement, "A.S.T.M." Serial Designation C-150-41, and C77-40. Class A concrete shall have a minimum 28 day compressive strength of 3000 P.S.I. Concrete aggregates for class A concrete shall consist of natural clean washed sand and gravel. The aggregates shall be well graded form coarse to fine and the maximum size of the coarse aggregate shall not exceed 3/4 inch. The aggregate shall be free from injurious amounts of clay, soft or flaky materials, loam or organic impurities. 2.5 GRAVEL FEED PIPE The gravel feed pipe to be installed in production wells shall consist of 4-inch schedule 40 steel pipe extending from two (2) feet above the ground surface to approximately (58) feet below �-, ground surface and threaded on the ground surface end. The threaded end shall be capped with a 2 1/2 inch cap. 2.6 STEEL Reinforcing steel used in concrete well house floors shall conform to A.S.T.M. " Standard Specifications for Billet -Steel Concrete Reinforcement Bars, Intermediate Grade" or " Rail Steel,R latest edition. 2.7 CONDUIT Conduit for electrical shall be rigid steel conduit wrapped with a pipe wrap to prevent corrosion. Conduit shall be placed a minimum of 3 inches from concrete pump block and 2 inch galvanized pole to allow working room PART 3 EXECUTION 3.1 GENERAL The price bid on each and every item shall include the furnishing of all equipment, materials, power, labor, tools, fuel and transportation necessary or incidental to completing and fulfilling the terms of this contract. Lopez Park Irrigation Well Development 02525-3 01/2004 3.2 DRILLING The slush pits shall be dug by the contractor and shall have the following minimum dimensions: Length - 45 ft. Width - 8 ft. Depth - 6 ft. Slush pits shall be filled and leveled by the CONTRACTOR during final cleanup. The drilling shall be done with a reverse rotary drilling rig. No bentonite mud additives shall be used by the contractor. The well shall be drilled 17 1/2 inches in diameter, from the surface to 5 feet below the top of the Pre-pliocene "redbed" strata. An accurate log of the changes in the formation shall be kept by the driller and presented to the ENGINEER after the well is drilled. 3.3 INSTALLING PRODUCTION CASING Before the production casing is installed, the hole shall be clear of sand and cuttings at least to the depth of the top of the redbed or to the depth to which the production casing shall be set as determined by the ENGINEER. The casing shall be centered by attaching guides at the bottom and at 60 feet below the surface. Approximately five (5) feet of blank casing shall be installed below the bottom screen. The well screen shall be attached to the production casing by welding in the intervals selected C by the ENGINEER. 3.4 GRAVEL PACKING The wells shall be gravel packed immediately after the production casing and screen have been set in place. A tremie pipe shall be lowered into the annular space to a point within 10 feet of the bottom of the drilled hole. The gravel shall be pumped into the annular space through the tremie pipe. The gravel may be mixed in a hopper to form a " slurry ". This slurry will then be pumped under pressure into the tremie pipe for placement into the well. The tremie pipe will be 1 raised as the annular space fills with gravel. 3.5 CONCRETE FOR SURFACE SEAL The annular space between the production casing and the wall of the hole shall be open from the ground surface to 50 feet below the surface. A 4-inch gravel feed pipe shall be placed in the annular space between the production casing and the wall of the hole to a depth of approximately 58 feet. A five (5) foot layer of bentonite clay shall be placed on top of the gravel pack. The cement shall be placed into the annular space slowly through a pipe extending from the top of the production casing. The pipe shall be withdrawn as the annular space fills with cement. The space shall be filled to the land surface. 3.6 DEVELOPMENT Development shall be accomplished by the use of a high speed bailer. The bailer unit shall be equipped with a power unit capable of bailing with an 8 5/8 inch diameter bailer not less than 35 feet in length at a rate of 900 feet per minute. The well shall be bailed to a point even with the red bed strata and clear of mud and cuttings, the gravel elevation shall be maintained with in 10 feet of the ground surface. This process shall continue until the gravel has ceased slipping and return fluid is free of sand and other fines. Lopez Park Irrigation Well Development 02525-4 01/2004 1 LUW'_ V-U IO'/ 3.7 TEST PUMPING Overpumping shall be the final development procedure. A vertical turbine pump capable of overpumping (producing more water than the well can yield) shall be set 3 to 5 feet off of the bottom of the well. The well shall be pumped at high rates and backwashed until the gravel ceases to move and the discharge is clear. When the gravel is stable and the discharge is clear the pump shall be set at a rate that will cause the well to break suction. At this point the pumping rate shall be decreased at certain intervals until the pumping level shows to be stable for a period of three hours. Records of the entire test pumping procedure including all measurements shall be submitted to the ENGINEER following the completion of the well. The top of the gravel pack shall be maintained 10 feet from the ground surface during all development and testing work. 3.8 CONCRETE FLOOR AND PUMP BASES Forming for concrete work shall be approved by the ENGINEER prior to making any concrete pour. Electrical conduits shall be set according to the attached plans. 3.9 CLEAN UP During all phases of construction the work sites shall remain free of construction debris, boxes, paper, plastics, bottles and cans. The CONTRACTOR shall provide a receptacle at each work site and no debris shall be placed in the slush pits. 3.10 SPECIAL INFORMATION The CONTRACTOR shall be especially cautious regarding fires. No firearms and no hunting shall be allowed on the project. All losses, injuries, damages and claims for the same that result from activities of the CONTRACTOR shall be the responsibility of the CONTRACTOR END OF SECTION Lopez Park Irrigation Well Development 02525-5 01/2004 ;-ovy - /-/ V/5'/ kin a- 19-0 SEE I 1A &*is] Rom N [119i �- (� 6 �,5 7 INSTALL MUNICIPAL IRRIGATION WELLS TO SERVE RICHARD LOPEZ PARK LOCATION OF CONTROL PANEL 3-2" SCHEDULE 80 (BY OTHERS) — ELECTRICAL CONDUIT STUB -OUT -j ° U `u v • t" b. D D I A 103/4'.' 4" SCHEDULE 40 GRAVEL FEED PIPE o v v 3' , p 6' CONCRETE PUMP 0 BASE ° o . • o • D • 0 6 G 0 3-2" PIPE NIPPLE 4" LONG W/ J BOX AND FLEX CONDUIT CONCRETE PUMP BASE D D D D 4' THICK, #4 REBAR W/ 6" ON CENTER EACH WAY 6' PLAN VIEW OF PUMP BASE PLATE NOT TO SCALE ELECTRICAL CONDUIT STUB OUT 103/4" SHEDULE 40 PIPE 2" PIPE NIPPLE E TO DRAIN 18" MIN 3-B-1543 #4 REINFORCE OFF CENTER j o EACH WAY I CONCRETE PUMP BASE ( 6 #4 REBAR W/ 6" OFF " j o CENTER EACH WAY .. I .. .. .. . . .. .. - 411 .. . .. .. .. .. I 12" ABOVE B.O.0 ELEVATION I I I PROFILE OF DISCHARGE AND BASE PLATE SCALE: 1"= 1' SITE LOCATION No Text INSTALL MUNICIPAL IRRIGATION WELLS TO'SERVE RICHARD LOPEZ PARK LOCATION OF CONTROL PANEL 3-2" SCHEDULE 80 (BY OTHERS) — ELECTRICAL CONDUIT STUB -OUT 1 4rr �Uu V • D "� D I A 103/4' • 4" SCHEDULE 40 GRAVEL FEED PIPE CONCRETE PUMP a BASE n - o• � D Oo � •' o 30 o O O O O L 6' r 6' 3-2" PIPE NIPPLE 4" LONG W/ J BOX AND FLEX CONDUIT CONCRETE PUMP BASE 4' THICK, #4 REBAR W/ 6" ON CENTER EACH WAY PLAN VIEW OF PUMP BASE PLATE NOT TO SCALE 3-B-1543 #4 REINFORCE 103/4" SHEDULE 40 PIPE'-,r' I p I ° EACHFWAYENTER I I ° I CONCRETE PUMP BASE 2" PIPE NIPPLE �i i o I I I 0 0 #4 REBAR W/ 6" OFF 4 I I i I i o CENTER EACH WAY 4" SLOPE TO DRAIN �. .. I .. .. •• 4rr - - I 12" ABOVE B. 0. C 18" MIN ELEVATION I I PROFILE OF DISCHARGE AND BASE PLATE ELECTRICAL CONDUIT SCALE- 1" = V STUB OUT J.O. ftW.W.O. SCALE: 1"- 1' DATE=01/04 ACRES DISTURBED:LESS THAN 1 DESIGNER- PM DRAWN BY: GH REVIEWED BY: WF SITE LOCATION N/A