HomeMy WebLinkAboutResolution - 2002-R0205 - Contract For Land Application Site - Acosta Drilling Company - 05_23_2002Resolution No. 2002-RO205
May 23, 2002
Item No. 38
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for Lubbock
Land Application Site submersible pumping equipment, by and between the City of
Lubbock and Acosta Drilling Company 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 May �,, „ , 2002.
C MCDOVGAL, MAYOR
ATTEST:
Qa,'�Q�
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
V\
Victor Kilman, P4jchasing Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
GsAcdocs/Contract-Acosta Drilling Cores
April 13, 2002
POND CHECK l
REST RATIN
LICENSE'DD IN TEXAS,
DATE 01 /BY �s
CITY OF LUBBOCK
SPECIFICATIONS FOR
LUBBOCK LAND APPLICATION SITE SUBMERSIBLE PUMPING
EQUIPMENT
ITB #084-02/BM
"A City Of Planned Progress"
CITY OF LUBBOCK
Lubbock, Texas
ITB # 084-02/BM. Addendum # 1
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13'" 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 # 084-02/BM
Lubbock Land Application Site
Submersible Pumping Equipment
May 3, 2002
May 7, 2002 @ 2:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any
item called for in the ITB documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. The following is provided in response to questions received:
A. The five year operating cost will be calculated as outlined in the specifications, this operating cost, the
initial material cost in the bid and the labor cost in the bid will be added together. This calculation will
determine the total cost to the city to buy, install and operate these pumping systems for five years.
B. We are not asking for any controls, therefore none are specified.
C. The TDH for each well was calculated based on pumping levels, friction losses and tank elevations. The
TDH as specified is what is required to operate the systems effectively.
D. The distance between the top of the 10-inch casing and the top of the interior 8-inch casing varies between
3 to 5 inches. Several of the wells on LLAS are already using this well seal configuration. Two of these
wells #23 will probably have a 2-inch discharge rather than 4-inch and well #33 has 12-inch casing (and no
interior casing) rather than 10-inch.
E. We are asking for a measuring tube hole and a power cable hole. The measuring tube will be constructed
with a "T" above and below the casing seal to provide for casing ventilation.
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to:
or Email to:
Bruce MacNair, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2164
bmacnair@mail.ci.lubbock.tx.us
THANK YOU,
CITY OF LUBBOCK
ruce MacNair
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
ITB #084-02/BM ad1
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: LUBBOCK LAND APPLICATION SITE SUBMERSIBLE PUMPING EQUIPMENT
ADDRESS: LUBBOCK, TEXAS
ITB NUMBER: 084-02IBM
PROJECT NUMBER: 8437.9251.50000
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
n�e�nnia►ins onr,�n
6.
CERTIFICATE OF INSURANCE
j
7.
CONTRACT
,I
8.
GENERAL CONDITIONS OF THE AGREEMENT
j
9.
CURRENT WAGE DETERMINATIONS
ram-
10.
SPECIFICATIONS
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ITB #084-02/13M
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 162513th Street, Room L-04, Lubbock, Texas, 79401, until 2:00
'clock a.m. on the 7th day of May, 2002 or as changed by the issuance of formal addenda to all planholders, toMmish
all labor and materials and perform all work for the construction of the following described project:
"LUBBOCK LAND APPLICATION SITE SUBMERSIBLE PUMPING EQUIPMENT"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 2:00 o'clock D.m. on the 7th dav of May. 2002.and the City of Lubbock City Council will consider
the bids on the 23rd daiof May.at the Munick)al Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter
as may be reasona y convenient, su Ject to the right to reject any or all bids and waive any formalities. The successful
bidder will be required to fumish a pertormance bond in accordance with Chapter 2253, Government Code, in the amount
of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be
required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a
company carrying a current Best Rgft 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 30th day of April. 2002 at 10:00 o'clock a.m., in the Planning Conference Room 107, Lubbock, Texas.
Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13"' Street, Lubbock,
Tgas, Purchasing Department, Room L-04. Plans and specifications may be obtained from City of Lubbock, 1625
13 Street, Room L04, Lubbock, Texas 79413, 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
f 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.
i 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 u require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-
2281 at least 48 hours In advance of the meeting.
CITY OF LUBBOCK
vc,e-�LVICTOR KIL
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 LUBBOCK LAND
APPLICATION SITE SUBMERSIBLE PUMPING EQUIPMENT per the attached specifications and
contract documents. Sealed bids will be received no later than 2,00 p.m. CST, the 7th day of May, 2002
at the office listed below. Any bid received after the date and hour specked 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 comer: "ITB #084.02IBM, LUBBOCK LAND
APPLICATION SITE SUBMERSIBLE PUMPING EQUIPMENT" 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.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory are -bid meeting
will be held at 10:00 a.m.. April 30th. 2002 in Planning Conference Room 107 Lubbock. Texas. Ali
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
preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with
any individuals, employees, or representatives of the City and any information that may have been read in
any news media or seen or heard in any communication facility regarding this bid should be disregarded in
preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions In these plans, specifications, or contract documents,
shall be given to the Purchasing Manager and a clarification obtained before the bids are received,
and 1f 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.
N 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 CON FIDENTIAUPROPRIETARY 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 CONFLICT OF INTEREST
8.1 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.
8.2 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.
2
1
9 CONTRACT DOCUMENTS
9.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
9.2 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.
10 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.
11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the
bidder's responsibility to advise the Purchasing_ Manager if any language. requirements, etc., or any
combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source.
Such notification must be submitted In writing and must be received by the City of Lubbock Purchasing
Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be
made.
BRUCE MACNAIR, SENIOR BUYER
City of Lubbock
1625 le Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: BMacnair@maii.ci.lubbock.tx.us
12 TIME AND ORDER FOR COMPLETION
12.1 The construction covered by the contract documents shall be fully 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.
12.2 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.
13 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
14 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute
an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements
contemplated by the contract documents have been paid in full and that there are no claims pending, of which the
Contractor has been notified.
15 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.
16 GUARANTEES
16.1 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).
16.2 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.
16.3 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.
16.4 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 speed in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
17 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.
18 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
19 TEXAS STATE SALES TAX
19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
j of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
19.2 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.
20 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
j 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.
21 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 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.
22 EXPLOSIVES
22.1 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.
22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
22.3 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.
23 CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
24 INSURANCE
24.1 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
1 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
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.
24.2 The Insurance certificates fumished shall name the City as an additional Insured, 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.
25 LABOR AND WORKING HOURS
25.1 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.
25.2 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.
25.3 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 worts, 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.
26 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 al 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, swom, legible copy of such payroll. This shall contain the name of each employee, his
classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the
copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made,
or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which
schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on
whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each
calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
27 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.
28 PREPARATION FOR BID
28.1 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.
j 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a
bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If
the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
28.3 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).
28.4 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.
28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error In the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
29 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(a) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
G) 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
1 incorporated by reference into the aforementioned contract documents.
30 QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations
deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall
furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock
reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the
City of Lubbock that the bidder is properly qualified to cant' out the obligations of the contract and to complete the
work described therein. Evaluation of the bidder's qualifications shall include:
J (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
7
(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.
31 BID AWARD
31.1 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 8.
31.2 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.
31.3 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.
31.4 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.
31.5 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.
31.6 NO INDMDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY ANDIOR
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.
8
No Text
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE: ct-I/ { O 7 , �, (- (o
PROJECT NUMBER: #084-021BM • LUBBOCK LAND APPLICATION SITE SUBMERSIBLE PUMPING EQUIPMENT
Bid of H- r ft J) f , l 1 ru t . (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
1 Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of a LUBBOCK LAND APPLICATION SITE
SUBMERSIBLE PUMPING EQUIPMENT 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.
BID ITEM #1 Furnish and install pump, submersible motor, column pipe, well casing seal, PVC measuring tube,
electrical junction box and pump cable, compete in place as one unit, including all tools and equipment for
a complete installation. Refer to Exhibit "A" for well dimensions and pumping parameters for well #1
Comply with Section 01300 submittal requirements for this item. �e`�}5
4
MATERIAll. Timex %its �;Li :5e�c� t'��. 6.eC 4,SQL,co ���� 1- f (s')-t %77 ' y )
SERVICE Aree F,�,/ Thfee-- q 3 • C,U 1
TOTAL BID ITEM #1:�ree j' � , c� otiE Y,.;�: ed a-- j ozry f+/ .f- F Fl,r u� r-r:sts. ($ � 1 �U
---T
BID ITEM # 2 Furnish and install pump; submersible motor, column pipe, well casing seal, PVC measuring tube,
electrical junction box and pump cable, compete in place as one unit, including all tools and equipment for
a complete installation. Refer to Exhibit "A" for well dimensions and pumping parameters for well # 7.
Comply with Section 01300 submittal requirements for this Item.
MATERIAL. CS2vC� Y
l
SERVICE I Mee- f �.Ndlec �L -Fy l_l�rP 5— ($
TOTAL BID ITEM #2;V(er 7%d,,-%v tie e,' f .r cCA.;Fs! ($ 3 3O • %%
BID ITEM #3 Furnish and install pump, submersible motor, column pipe, well casing seal, PVC measuring tube,
electrical junction box and pump cable, compete in place as one unit, including all tools and equipment for
a complete installation. Refer to Exhibit "A" for well dimensions and pumping parameters for well #11.
Comply with Section 01300 submittal requirements for this item.
MATERIAL / -5;'x 4-t= F4) F-,'ve c—As. ($ 7�, SS )
SERVICE %Airesc>iju(5, ($ .�j�/3
TOTAL BID ITEM ♦{ uti � + d N ; r:zTrr t l'-'e Cn'i5�$ ?I . j S •5 1
BID ITEM #4 Furnish and install pump, submersible motor, column pipe, well casing seal, PVC measuring tube,
electrical junction box and pump cable, compete in place as one unit, including all tools and equipment for
a complete installation. Refer to Exhibit "A" for well dimensions and pumping parameters for well # 12.
Comply with Section 01300 submittal requirements for this Item.
MATERIAL 7hw A— T,,,ev.)-� Z cllars a- ?4S• (S C-Rc �% )
e
SERVICE 71rer__ ($ y 3
TOTAL BID ITEM #4: &ee J,'4y Inree 4- Tw L, ($ 3 b J' • �% )
BID ITEM #5 Furnish and install pump, submersible motor, column pipe, well casing seal, PVC measuring tube,
electrical junction box and pump cable, compete in place as one unit, including all tools and equipment for
a complete installation. Refer to Exhibit "A° for well dimensions and pumping parameters for well # 14.
Comply with Section 01300 submittal requirements for this item.
MATERIAL .J1,fe✓ Aoasgd,, ( oJUE }iNwc�rtiC PotlorS u,�� 2+`ytti � tCr S(s 3 6C% �� )
SERVICE Pew 4 -Fo4/ 71,or e- 114 +s . ($ 3 `% 3 U U )
TOTAL BID ITEM #5;1.( x. ic.r un.clfc�,� k. {r'_ �c�LShTi�oY1t rears. ($ 3� G/ 1-13 • -,td
BID, ITEM #6 Furnish and install pump, submersible motor, column pipe, well casing seal, PVC measuring tube,
electrical junction box and pump cable, compete in place as one unit, including all tools and equipment for
a complete installation. Refer to Exhibit "A" for well dimensions and pumping parameters for well # 23.
Comply with Section 01300 submittal requirements for this item.
n 7 G
MATERIAL /hits- I%touso&,j � AL Nt,&)4-Y A 'Pe Uwj.r� 4-(l;,`r,�� y cc S. (� 3 ; G C!
SERVICE
4- F�o-y-+X
Tl+r-te-
6oi1ar j • ($
3`-1 3 �� 1
TOTAL BID ITEM #60/
ee A 'cFur
J-F.; 4Y
j wC d ti ''w �.� 5 ($
.90 1
2
BID ITEM #7 Furnish and install pump, submersible motor, column pipe, well casing seal, PVC measuring tube,
alectrical 1unction box and complete installation. pp
tP Po Exhibit A" forte in placedimensions
one unit, including all tools and equipment for
and pumping parameters for well # 33.
Comply with Section 01300 submittal requirements for this item. �1
MATERIAL 7l,rz�- io s�,-c� r ur�'�� d f wr?4'� S, Xer, 7 e.vfs (s
SERVICE -aftg- il"i'JX-4
'-P--C+y
T`hvlt
3g3 . cc; �
TOTAL BID REM #7:71t<e Tif,.scwc'
Sevciu }lu+.j4ft-4
ii-Six�y
l� vet 5 i�tke� yells
7�y 5 1 % )
BID ITEM #8 Furnish all materials, tools, equipment and labor to perform 10 hours of bailing to remove sand from the
well casing in order to and install pump at specified setting..
MATERIAL bNC {-), Kid r t d 0c) ltc- r5 . (S A)£> O� )
SERVICE Jzuc„= 44 �+� ,t� Fu; c/ j�r-e_e t�c ($ -7`13 - uc)
TOTAL BID ITEM #8: ,' ��-t fkx N Y t ro r !/ .� r f e 0c l l ✓ 5 . ($ 8q3,00 )
TOTAL BID ITEMS #1 through #8:
MATERIAL /�.�e v T�� !�o ,s��c' 1'�c t4�.,�: ra N;i {k(�/ �� ac i- Se we / 4%�J,pz
SERVICE tee GATE i 0c 1c,`4. (s 3 I % �y dU )
2
TOTAL BID ITEMS #1 through #8:7w=:t4 F,.- 'TA. �,.r 14�PA._�-�
(Amount 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 specked in a written
"Notice to Proceed" of the Owner and to fully complete the project within 30 (THIRTY) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
as liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of
the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 28 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
1 plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
3
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him.
Enclosed with this bid is a Cashiers Check or Certified Check for oVE 'Tti� -.x..wd Ti x
Dollars ($ % X T I - 4 3 1 or a Bid Bond In the sum of Dollars
($_/ ;L--7 1- y-3� J, 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 falls to execute the necessary contract documents,
Insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of
receipt of 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 Govemment Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error In the bid
price. THEREFORE, ANY CORRECTIONS TO THE BID
PRICE MUST BE MADE ON THE BID SUBMITTAL FORM
PRIOR TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. _L_ Date S- 3
Addenda No. Date
w Addenda No. Date
Addenda No. Date
MNVBE Firm:
Date: S ^ %"
Authorized Signature
d!�r- ;4t Ar-,
(Printed or Typed Name)
AC057`4 �Cr ��r Na
• � �-'
Company
.A c -
Address
/Z,Ae.S'C'
City,
County
i Qxr. s
yy 3'31
State
Zip Code
Telephone: 56 - 571
- 5rr5o
Fax: :E� o - N -7
X & k- IV
LIST OF SUBCONTRACTORS
}
Minority Owned
Yes No
2.
D D
3.
❑ ❑
4.
❑ D
5.
❑ ❑
6.
D 0
7.
❑ ❑
8.
❑ ❑
10.
❑ D
�.f
--J
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
j -II Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock,
• Yi furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
ntracto (Signature)
� ,Jr- 4A
Contractor (Print)
CONTRACTOR'S FIRM NAME: &o s'Tl4 Drd tf'w
(Print or Type )
CONTRACTOR'S FIRM ADDRESS: P o , 66x I I ?/ &,m -- s c.- , 7-,ex,, s
Zy331
Name of Agent/Broker: ZL- 'M b ie- - - c,-+ i e r p
Address of Agent/Broker. P- 0 /3O X OILY $0
City/State/Zip: Jcw i exa5
Agent/Broker Telephone Number:( 916 ) 65 3 6 -7 3 3
Date: 5 — 7 -- a '2—
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 #084-02/13M - LUBBOCK LAND APPLICATION SITE SUBMERSIBLE PUMPING EQUIPMENT
C0'
PAYMENT BObID
Swum PAYMENT 80ND PURSUANT TO SECTION 2253.o2i (a)
OF THE TEXAS GOVERNMENT CODI
(CONTRACTS MORE THAN $26,000)
KN0WAI_LMENaYTHESEPRESF_NTS,UW Acosta Drilling (hereinafter called the PM*al(s), as
and
SureTec Insurance Company, 50
(hereinafter called the Surety(s), as Surety(s), are held and flrmhr bound unto the City of Lubbock (hereinafter called the
1gee). in the amount of _Twangy. f ; v hoUs and four * * _Dollars ($_2j , dL) lawful money of the
1nited States for the payment whereof, the said Principal and Surety bind Memselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
Ma WHEREAS, the Pft
20 o
Pumpmng Equipment
d has entered into a certain written contract with the Obligee. dSftd the 2.. 3 rd day of
Bid #084-02/BM -Lubbock Land AP*Ucati•on Site Submersible_
TX 7874E
and said Principal under the law is required before commencing the work provided fear in said co nh-A t to execute a bond in
the amount of said contract which contract is hereby referred to and made apart hereof as fully and to the some extent as
if copied at length herein.
J NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION iS SUCH, that if the said Principal shall pay all
claimants supplying kdxw and material to him or a subiactor in the prosecution of the work provided for in said
contract then. this obligation shall be void, otherwise to remain In full force and effect
PROVIDED, HOWEVER that this bond is eo=Aed pursuant to the provisions of Section 2263-021(a) of the
Texas Gave mment Code. and all Ilabildes on this bond shell be determined in accordance with the provisions of sald
Article to the same extent as N It were copied at WV M herein.
IN WITNESS WHEREOF, the sold Principal (s) and Surety (s) have signed and sued this instrument brit
4t� ..pf June 20 02.
Sur✓Te_c� Irist,re Company__i Acosta Drilling
Su,"- , - _ (Canpany Name)
t. 9LK
gY a t o �
'EY~ ��oc A s r
I ,ebx, Attorney-tn-fact (Pdnted Neale)
` ** twenty-eight dollars and 79/100s (Si�attxe)
ZIA -A t t'
The undersigned surety company represents that A Is duly qualified to do business in Texas, and hereby
�eSlgnat@8 Crockett National* an agent resident In Lubbock County to whom any requisite notices may be delivered
end on whom service of process may be had in matters arlsing out of such suretyship.
1* Insurance Agency, Inc. Surejec Insurance gom
Surety -
iTifWnx, ,,0rhey'441-fact
approved as to form:
City of Lubbock
'
By. Attorney
* Note: If signed by an offiver of the Surety Company thers must be on fife a celled extract from the by-laws showing
ithat this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
2
SureTec
Bond No: 4341177
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
April Cox
of Austin, Texas its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million dollars ($5,000,000) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by
the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all
that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 200' 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 4th day of June, A.D. 2002.
Corporate Seal
State of Texas
County of Harris
su�'no
X �y;
4 t
SS.
SURETEC INSURANCE COMPANY
By
Joh n x, Jr.,
Preside
On this 4th 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.
OOt�lA UTTTEAM EMM �'�`�
Notary Seal EO
avcommsstmUP s D na U. Ibanez, Notary P c
&mi1,2002 My commission expires June 1, 2002-- awasaQ00=1
1, 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 Wl rebf; � �ivy; idreunto set my hand and affixed the seal of said Company at Houston, Texas this 4th day of June, 2002,
A.D. �S RANCJ
CF �/�•C�OQ ��!'""""t�e�l
~
Corporate Michael P. Whisenant,
/•:y. s' W
Vice President, Assistant Secretary
... ;,�"
CERTIFICATE OF INSURANCE
uate: wuluz V4:4o rlvl
oerlaerS. raX w. zoi0-oDJ-40DJ I rlmme rawc I ul I
Ao� CERTIFICATE OF LIABILITY INSURANCE OPID
W�^"06/
......_ . ACOST 2
05 06 02
PRODUCER
TH13 CERTIFICATE IS 13SUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Trimble-Batjer Ins . Assoc. LLP
P O Box 2 480
HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
San Angelo TX 76902-2480
Phone: 913-633-6733 Fax:91--633-3154
NSURm
INSUPERA, National American Ins Co
INSLIPE R E
INSURERC
Acosta Drilling
P . 0. Box 1181
Lamesa TX 79331
INSURER D:
INSUREP E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT Tb WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
LTR
TYPE OF INBURWiCE
PODGY HUTAIER
POLICY EFFECTnIE
DATE
POIJCY EXPNATIOH LIMIT!
DAT DR'Y
A
OENERAL LILGILITY
I COMME3RCIALGENERALUASTY
CLAMS MADE ® OCCUR
Z **SEE SPECIAL
MP2924442E
05/08/02
05/08/03
EACH OCCtRPENCE
S 1,000,000
FII�DAAV� V4Ymnrel
$100,000
LIED EYP (MY one p0mr.)
t 5, 000
PERSONAL LADY PWRY
S1,000,000
PROVISIONS
GENERALAGGREGATE
s2,000,000
GENLAGGRErytTE LMIT APPLIES PER.
z PAC„ r—' PRJECd LOC
PRODUCTS- COLPIOP AGG
t2, OOO,OOO
A
AUTOMOBILE
WLBLNTY
AWAIJ7o
ALL OWNEO AurOS
SGIEDULED AUTOS i
HBRED AUTOS
NON-OWhFM t. 703
**SEE SPECIAL
AU1397742E
05/08/02
I
I
05/08/03
COMBINEDSiJGLE LMT
(Ea acUdvp
$ 1 , 000 , 000
Y
BODILv INJ137Y
(mr Pc1Pan)
S
PlODILY RUJiY
(pw mcmeno
t
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nonpny, 10), addl insd (except we) a waiver of subro in fabor of any person
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AUTH P JTA.TM{
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1 A CONTRACTOR SHALL:
CONTRACTOR CHECKLIST
(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:
1 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
(11) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, If the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten)10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.[]
k]
FOR, wv.77
Fim F`'
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 23rd day of May, 2002 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and ACOSTA DRILLING COMPANY of the City of Lamesa, County of Dawson and
the State Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #084-02/BM - LUBBOCK LAND APPLICATION SITE SUBMERSIBLE
PUMPING EQUIPMENT - $25,428.79
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,
i
Texas in the year and day first above written. A
ATTEST:
City Se6retary
APP V AS O C7n,NT: ',/
Owner's Representative
I
APPROV D AS TO FORM:
City Attorney
l ATTEST:
JCorporate Secretary
CITY
By:,
MA
(OWNER)
CONTRACTOR:
By:
PRINTEDNAME:
TITLE: &-�Nt
COMPLETE ADDRESS:
Acosta Drilling Company
PO Box 1181
Lamesa, TX 79331
GENERAL CONDITIONS OF THE AGREEMENT
- J.
IGENERAL 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 COMPANY who has agreed to perform the work embraced
in this contract, or their legal representative.
I3. 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 CHESTER CARTHEL SENIOR CIVIL ENGINEER, so
designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or
inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers,
R 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
1 for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
Vl 5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
6. SUBCONTRACTOR
j The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
J 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
„t 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
�_� t
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)
2
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 bome bytheContractor.
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 bome 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
l work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be pennitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at
any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any
observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the
time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any
such work found to be defective or not in accordance with the contract documents, regardless of the stage of its
completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has
previously accepted the work through oversight or otherwise. If any such work should be covered without approval
or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination
at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owners Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to fumish
Owner or Owners Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owners Representative, it must, if requested by the Owner or Owners Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractors expense.
Neither observations by the Owner or Owners Representative, nor inspections, tests, or approvals made by
Owner, Owners Representative, or other persons authorized under the contract documents to make such
Inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owners Representative as unsuitable or not
in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be In full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
J If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
l said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
�The term 'extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
x=
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by
a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
-' Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
1 (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit,
overhead, general superintendence and field office expense, and all other elements of cost and expense not
embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office
must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or Instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of
any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, Is to be done for the prices quoted by the Contractor and that
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 EOUIPMENT
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, attomeys' 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 cant' at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to'transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor,
or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
The Certificates of Insurance furnished by the Contractor and Subcontractors shall name the City of
Lubbock as an additional insured. If no subcontractors will be used, said Insurance certificate shall be
accompanied by a written statement from the Contractor stating to the effect that no work on this
particular project shall be subcontracted.
f A. General Liability Insurance
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, $0.00 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $300.000 Combined Single Limit,
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and
Non -owned Vehicles. The City is to be named as 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 Disk 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
The Contractor shall have Umbrella Liability Insurance in the amount of Lon all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Workers Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00.
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
Contractors/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section [3406.096, 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 f imishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
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.
S. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of Its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor.
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
_� 9
G.
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 bome by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome 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;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter,
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(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' COMPENSATIOM 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' Compensaflon 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 contractor 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
J 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 Seif4nsumnce Regulation.
Providing false or misleading information may subject the
chri(penaltles, or other c
Contractor to administrative penalties, criminal penalties,
civil actions.";
Qv) 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 govemmental 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){vltl), with the certificate of coverage to be provided to
the person for whom they are providing services.
29. DISABLED EMPLOYEES
0
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.
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 fumishers 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.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, in addition to any statutory retainage rights It may have, withhold from the unpaid portion of this contract, a
sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such
indebtedness.
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
12
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances within
said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or
local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
4 -
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillmenttof this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
i in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as --
provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
f sG
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,
22'
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
may withhold permanently from Contractor's total compensation, the sum of $100.00 (ONE HUNDRED
DOLLARS PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
i forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially
I 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.
13
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may
direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and
has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission 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.
14
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining properly or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without
limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of
Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of -the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
1 work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
J Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall
prepare a certificate for partial payment showing as completely as practical the total value of the work done by the
Contractor up to and including the last day of the preceding month. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
15
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
If the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 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 pp p () 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) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) 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
16
acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and
constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's
Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety
on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be
delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no
further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of'such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners: :
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, -
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as'may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the
sum which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion of
the work under substantially the same terms and conditions which are provided in this contract. In case of
any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. Should the cost to complete any such new contract prove to be less than that which
would have been the cost to complete the work under this contract, the Contractor or his Surety shall be
credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
{ have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract,
} or when the Contractor and/or his Surety'if applicable, shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over
17
to the Contractor and/or his Surety, If applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and
his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said
notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public
or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery,
equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
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 fumish 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
fumished.
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 bome by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
18
` effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the matenaisand shall leave the workroom clleraemoove�ali uivalentbThand also its tools, scaffolding, and surplus
completionsuch
eq a 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.
l55. 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.
1 In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
J 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
RE: RESOLUTION NO.6262, ITEM NO.39, APRIL 8, 1999
EXHIBIT A
-�
City of Lubbock
Building Construction Trades
Prevailing Rates
Graft
Hourly Rate
Acoustical Ceiling Installer
11.50
Air Conditioner Installer
12.50
Air Conditioner Installer -Helper
6.25
Asbestos Worker
9.00
Asbestos Supervisor
12.50
Bricklayer
12.50
Bricklayer -Helper
7.00
Carpenter
11.00
Carpenter -Helper
7.00
Cement Finisher
8.00
Drywall Hanger
11.00
Electrician
13.75
Electrician -Helper
7.00
Equipment Operator -Heavy
9.50
Equipment Operator -Light
8.50
Floor Installer
9.50
Glazier
10.50
Insulator-Piping/Boiler
11.50
Insulator -Helper
7.00
Iron Worker
11.00
Laborer -General
Mortar Mixer
6.00
6.00
Painter
9.50
Plumber
12.50
Plumber -Helper
7.00
Roofer
9.00
Roofer -Helper
7.00
Sheet Metal Worker
10.00
Sheet Metal Worker -Helper
7.00
J
Welder -Certified
11.00
..�1
1
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
9.00
Asphalt Shoveler
6.00
Concrete Finisher
8.00
Concrete Finisher -Helper
7.00
Electrician
12.00
Flagger
6.00
Form Setter
7.00
Form Setter -Helper
6.25
Laborer -General
6.00
Laborer -Utility
6.75
Mechanic
8.00
Mechanic -Helper
7.00
Power Equipment Operators
Asphalt Paving Machine
7.75
Bulldozer
8.00
Concrete Paving Machine
7.75
Front End Loader
7.25
Heavy Equipment Operator
8.00
Light Equipment Operator
7.25
Motor Grader Operator
9.50
Roller
6.75
Scraper
7.25
Tractor
7.25
Truck Driver -Light
6.50
Truck Driver -Heavy
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.
1z
SPECIFICATIONS
t
City of Lubbock
Public Works Engineering
Submersible Pumping Equipment
For the Lubbock Land Application Site.
Technical Specifications:
Seal:
1 Section 01300
Submittal Requirements
For bids to be evaluated, the attached bid proposal under Section 00100 must be accompanied with the
following information.
A. A pump curve derived from the manufacture certified testing of the pumping unit. This curve must
clearly define the following minimum information:
1. The well number as related to the bid item.
2. The actual testing conditions (ie; temperature, fluid viscosity...)
3. The actual duty point.
4. An efficiency curve.
5. A brake horsepower curve.
6. Pump model number.
7. Pump bowl diameter.
8. Impeller diameter.
B. A pump data sheet stating the following minimum information as derived from the certified test.
1. Gpm at the actual duty point.
2. Head at the actual duty point
3. Pumping efficiency at the actual duty point.
4. Brake horsepower at the actual duty point.
5. Shutoff head
6. Best efficiency point.
C. A motor data sheet from the manufacturer detailing the following minimum information.
1. Rated RPM
2. Voltage required to operate
3. Service Factor
4. Motor efficiency at full load
The above information will be used to assist in the evaluation of the bid proposals. Any bid proposal
submitted without this information will not be considered.
Warranty information and manufacturers suggested maintenance information shall be submitted with the
equipment upon delivery.
Section 11200
SPECIFICATIONS FOR
SUBMERSIBLE PUMPING EQUIPMENT
1. GENERAL:
The submersible pumps and motors described in these specifications shall consist of
the following items:
(1) Bowl assembly and motor completely assembled;
(2) A metal or plastic shroud, which shall cause all the water entering the
pump to flow past the motor;
(3) Column pipe;
(4) Power cable, clamps, flex conduit and splices;
(5) Discharge assembly as herein described;
All materials and equipment furnished by the Contractor under this contract shall be
first class in every respect, shall be constructed and finished in a workmanlike
manner, shall be modern in design, and shall not have been in service at any time
prior to delivery except as required by tests. Each component of this pumping system
must be NSF approved. The pump bowl, motor assemblies and cable shall be
adequately crated to prevent damage in shipment and shall be delivered to the well
site only on the day that the equipment will be installed in each well. Column pipe
and fittings may be delivered to each well site prior to the day each pump is installed;
however, the material and equipment is the responsibility of the Contractor until it is
installed and accepted by the Owner.
The head loss for each pump, as shown in the Proposal, does not include head losses
in pump column or each pump unit. A work sheet showing the calculations of the
characteristic of each pump and the head -capacity curves for each pump shall be
included in each bid.
The seven (7) submersible pump units as listed in the bid proposal shall be furnished
and installed complete including finnishing any materials and equipment needed for
to complete installation.
2. SUBMERSIBLE MOTORS:
The submersible motors furnished and installed under this contract shall be "NEMA
Standard" submersible electric motors constructed in accordance with the Standards
of the A.I.E.E. and N.E.M.A. The motors shall operate on 60-cycle, 3 phase
alternating current, and 460 volts at a speed of 3500 R.P.M. Each motor shall have a
11200-1
horsepower rating equal to or in excess of the maximum load, which it will be
required to handle, and shall have a 1.15 service factor on the output horsepower.
i A metal or plastic shroud shall be attached above the intake of each pump in such a
manner that all water entering the pump shall flow past the motor from the bottom to
the top.
3. SUBMERSIBLE PUMP:
Each pump shall have the capacity, setting, and total head as described in the
Proposal. The pump shall be the multi -stage type. The bowls shall be first quality,
class 30 or better cast iron from a superior quality of iron remelted in a cupola, air, or
electric furnace which will produce a metal that is tough and of uniform fine grains,
without chilled surfaces, and which can be readily machined. All casting shall be
clean, sound and without defects of any kind, which would impair the strength of the
machine. No plugging, welding, or other repairing of defects will be permitted. The
inside of the bowls shall be lined with vitra glass or baked porcelain enamel for wear
resistance and efficiency.
The bowl shaft shall be ASTM A582 416 stainless steel. The shaft shall be ground
and polished to provide a smooth bearing surface.
Bowl bearings and impellers shall be ASTM B 584 silicon bronze. The impellers may
be semi -open or closed -type and shall be locked securely to the shaft with a stainless
steel tapered collet. The impellers shall be properly machined, balanced and filed for
optimum performance and shall be free of vibration.
The pumping unit shall include a check valve to prevent the reverse rotation of the
equipment as the column pipe drains at pump shut down.
4. COLUMN PIPE:
E
Column pipe shall consist of Schedule 40, Standard weight, T & C, random length,
black steel pipe. The diameter of the column pipe for each well shall be 4 inch, the
overall length shall satisfy the pump setting requirement as listed in exhibit "A".
5. POWER CABLE:
There shall be furnished under these specifications a sufficient amount of power cable
1 of proper size and voltage to reach from the motor terminal connection cable and
shall extend into the junction box on the discharge head assembly. The cable shall be
four -conductor standard copper, 600 volt, type THW. The wire shall be sized to
adequately to carry the maximum load at which the pumping unit will operate. Each
conductor to be encased in a moisture resistant plastic insulation. The conductors
shall be assembled in parallel in a flat thermoplastic jacket, impervious to oil and
water. The cable in the well from the junction box to the motor leads shall be attached
11200-2
I at 20-foot intervals with flat plastic ties or a minimum of 5 rounds of black electrical
tape. After the setting operation is complete, the cable shall be tested with a megger.
Flex conduit shall be included with this project extending from the junction box to the
I rigid conduit stubbed in the concrete floor.
6. EVALUATION OF BIDS:
Bids will be evaluated by the City on basis of the following formula:
.000189 x THD x GPM x .0U X 24hrs. x 365 days x 5 Yrs.
Pump efficiency X Motor efficiency.
The cost of operation will be added to the bid price and the total will be the evaluated
bid. The TDH and GPM used in this calculation will be the actual test reported
numbers taken from the submittal for the actual duty point. The pump efficiency will
be the rated efficiency at the actual duty point and the motor efficiency will be the
manufactures rated efficiency stated in the submittal.
7. WELL -SEAL ASSEMBLY:
The wellhead assembly shall consist of an appropriately sized mechanical well casing
seal, an electrical junction box with flex conduit and a PVC measuring tube.
The well seal shall be made with two plates of high strength steel coated with a
durable corrosion resistant finish. The plates shall be bolted together with zinc coated
bolts and washers. The plates shall have a 1 I/4 inch hole to provide for power cable
entry into the well from the junction box and'a hole of adequate size to allow for the
installation of a Iinch PVC tube. This tube will be used as a measuring tube and shall
be adapted to provide casing ventilation. These well casing seals shall be "WellSteel"
as made by Cotey Chemical of Lubbock Texas or an approved equal. The casing size
for each well site is listed in exhibit "A".
The measuring tube shall extend from the top of the pump unit to a tee adjacent to the
bottom steel plate of the well seal, through the well seal to a tee six inches above the
upper steel plate. The run of this upper tee shall be in the vertical position and
plugged water tight, the branch of this tee shall have a PVC nipple and a 90 elbow
turned to the downward position. The open end of the elbow shall be covered with a
416 wire screen mesh. The tee adjacent to the bottom steel plate shall have the
branch open so as to provide ventilation to the casing. All PVC pipe and fittings shall
be schedule 40 with threaded joints and connections.
The column pipe shall extend trough the casing seal four inches and shall terminate
with a 4 inch by 4 inch tee. The vertical run of the tee shall be equipped with an air
and vacuum release valve that operates effectively in a pressure range of 2 —110 psi.
The branch of the tee shall be facing the existing discharge piping.
11200-3
8. BAILING:
j Well number 11 will require about 30 feet of material to be removed in order to
j install the pumping equipment at the desired setting. The interior casing and screen is
eight inch ID PVC material. The well shall be bailed cautiously until the sand is 5
feet below the proposed pump setting.
9. SPECIAL INFORMATION:
1. LOCATION OF WELLS:
The wells in which these submersible pumps shall be installed are situated on
the Lubbock Land Application Site, approximately 2 miles East of East Loop
289 between 19t' and 50t' Streets. A map locating these well sites is included
with this document.
2. CAUTIONS:
The project is situated on City of Lubbock property. The Contractor shall take
precautions to protect his personnel and the property. Any claims for
damages or losses as a result of the Contractor's activities, or those working
on behalf of the Contractor, shall be at the expense of the Contractor.
No Runs and no hunting shall be allowed on this project.
11200-4
Exhibit "A"
Well #
Casing
Size
Pump Setting
Pump Capacity
TDH
1
10.25"
ID
95 feet
140 gpm
75
7
10.25"
ID
130 feet
300 gpm
89.5
11
10.25"
ID
150 feet
250 gpm
91'
12
10.25"
ID
120 feet
200 gpm
100'
14
10.25"
ID
110 feet
240 gpm
132.6'
23
10.25"
ID
110 feet
70 gpm
112.4'
33
12.25"
ID
130 feet
120 gpm
180'
LUBBOCK LAND APPLICATION SITE
48 1 LEGEND
1 2 3 L23
W
49 MV0 Mo52 i CWELL LOCATIONS
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M01 T CL 12 C °13 FARM SHOW 2
CLe 14 19 DRIP 17
Moo
Mozo BS
CL 10 1 35 m CL°15 CL"34 S
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FAST TH STRfgT 27
18 19 22 Mo, 26 23
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