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HomeMy WebLinkAboutResolution - 2001-R0355 - Contract For Construction Of Remediation Water Wells - Acosta Drilling Of La Mes - 09/13/2001Resolution No. 2001-RO355 September 13, 2001 Item No. 52 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 construction of remediation monitor/sampling water wells, per ITB #193-01/RS, by and between the City of Lubbock and Acosta Drilling of Lamesa, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilma , Purchasing Manager APPROVED AS TO FORM: William de Haas/" Contract Manager/Attorney gs://ccdocs/Acosta Drilling.res September 4, 2001 day of September —5 2001. WINDY SI ON, MAYOR UNIVERSAL SURETY OF AMERICA P.O. Box 1068 0 Houston, Texas 77251-1068 ,., GENERAL POWER OF ATTORNEY CERTIFIED COPY Agency Information GPA# 4202001 060990795 TRIMBLE-BATJER INSURANCE Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does 'by these presents make, constitute and appoint ANNELLE UNDERWOOD SMITH JOSEPH P 0 CONNOR LISA WELCH FRIEND PAUL'G ADAM ,., PETER S'BATJER RANDALL SAVERANCE r— of SAN ANGELO and State of TEXAS its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory 04 instruments of similar nature - in unlimited amounts - and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the stated limitations, and such authority r• is to continue in force until 06/11/2006 . Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July, 1984. "Be It Resolved, that the President, and any Vice President, 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. "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and !* binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Robert E. Ayo, and its corporate seal to be hereto affixed this 31st day of December, A.D., 1999. SpRETy UNIVERSAL ETY OF A ICA LU 19 84 Z C TEXAS ani Robert E. Ayo J President State of Texas SS County of Harris On this 31st day of December, in the year of 1999, before me Pamela J. Scullion, a notary public, personally appeared Robert E. Ayo, personally known to me to be the person who executed the within instrument as President, on behalf of the corporation herein named and acknowledged to me that the corporation executed it. . - h, PAMELA J. SCULLION MY COMMISSION EXPIRES , July 12, 2003 Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect. 25th September GIVEN under my hand and the seal of said company, at Houston, Texas, this day of , 2001 "^ Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. Form F6092 For verification of the authority of this power you may telephone (713) 722-4600. rl-J, BOND CHECK BEST RATING LICENSED//,,IN- TEXAS DATE CITY OF LUBBOCK SPECIFICATIONS FOR CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS ITB #193-01/RS CITY OF LUBBOCK Lubbock, Texas City ofLubbock Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING own 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http:Hpurchasing. ci.lubbock.tx. us ITB #193-01/RS, Addendum #3 ADDENDUM #3 ITB #193-01 /RS Construction of Remediation Monitoring/Sampling Water Wells .MAILED TO VENDOR: August 9, 2001 CLOSE DATE: August 15, 2001 @ 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. High Plains Underground Water Conservation District No. 1's Hydrologic Atlas for Lubbock County Texas (1995) indicates that the average water table in the area of proposed monitoring wells is approximately 80 ft. below ground level. 2. The Hydrologic Atlas for Lubbock County, Texas also indicates that the average depth to the red bed is approximately 140 ft. below ground level. 3. Numbers provided are for approximation only, some wells may be shallower or deeper depending on final site selection." All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-3338 Or Email to: RShuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUB Ron Shuffield *�^ Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. I; 193-01/RSAdd3 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL' BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hftp://purchasing.ci.lubbock.tx.us ITB #193-01/RS, Addendum #2 ADDENDUM #2 ITB #193-01/RS Construction of Remediation Monitoring/Sampling Water Wells MAILED TO VENDOR: August 9, 2001 CLOSE DATE: August 15, 2001 @ 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. Para 1.3 - Add after the last sentence: "Water bearing formation will be determined during the drilling process prior to installation." Para 2.3 - Delete third paragraph: "After placement of the gravel pack ............ uppermost screened section." All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-3338 Or Email to: rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK na dil o Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 193-01/RS ADD2.doc City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 7H STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #193-01/RS, Addendum #1 ADDENDUM #1 ITB #193-01 /RS Construction of Remediation Monitoring/Sampling Water Wells MAILED TO VENDOR: August 2, 2001 CLOSE DATE: August 15, 2001 @ 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. In the Specifications, Paragraph 1.2 and 1.3 change flush threaded joint in first sentence of both paragraphs to "bell and spigot joint'. Also please add the following sentence: "In addition all joints must be sealed, secured, and locked in place with metal fastener (such as screw)." 2. Please find enclosed Attachment #4. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: RShuffield@mail.ci.lubbock.tx.us 193-01/RSadd1 THANK YOU, CITY OF LUBBOCK RffShueld Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. - EXAMPLE DRAFT ONLY AGREEMENT FOR TEMPORARY USE OF HIGHWAY RIGHT OF WAY DURING GROUNDWATER NITRATE INVESTIGATIONS State of Texas County of Lubbock This Agreement is made by and between the Texas Department of Transportation, hereinafter referred to as the "State" and both hereinafter referred to as the "Contractor(s)" and the City of Lubbock, hereinafter referred to as the "Owner(s)" WITNESSETH WHEREAS, the Contractor(s) and Owner(s) desire to perform/install a flush '^ mount monitoring well within highway right-of-way of F.M. 835 to establish the presence, extent, or absence of nitrates in ground water in connection with the Owner's Land Application site, with a Texas Natural Resource Conservation Commission TPDES Permit No. 10353-002, Agreed Order dated 16 Nov 1989, and the Ground Water �. Remediation Plan. WHEREAS, the Contractor(s) and Owner(s) have requested permission from the State to use East 50`' Street Right-of-way at the southeast corner of the intersection of F.M. 835/FM 1729 just east of existing building in the County of Lubbock, for the purpose of constructing, maintaining, operating, and removing a water quality monitoring well hereinafter referred to as the "Activity" as shown on Exhibit "A" and hereby made a part of this Agreement. AND WHEREAS, the Texas Natural Resource Conservation Commission (TNRCC) has given the State written concurrence that the Contractor(s) and/or Owner(s) may need to access and temporarily use said highway right-of-way for purposes of investigation for nitrates in connection with TPDES Permit No. 10353-002, Agreed Order, and the Groundwater Remediation Plan, and said written concurrence is hereby attached as Exhibit "B' and made part of this Agreement. Attachment 4 Example — 2nd Flush mount Monitoring Well AGREEMENT FOR TEMPORARY USE OF HIGHWAY RIGHT OF WAY DURING GROUNDWATER NITRATE INVESTIGATIONS State of Texas County of Lubbock This Agreement is made by and between the Texas Department of Transportation, hereinafter referred to as the "State" and both hereinafter .• referred to as the "Contractor(s)" and the City of Lubbock, hereinafter referred to as the "Owner(s)". WITNESSETH WHEREAS, the Contractor(s) and Owner(s) desire to perform/install a flush mount monitoring well within highway right-of-way of F.M. 835 to establish the presence, extent, or absence of nitrates in ground water in connection with the Owner's Land Application site, with- a Texas Natural Resource Conservation Commission TPDES Permit No. 10353-002, Agreed Order dated 16 Nov 1989, and the Ground Water Remediation Plan. 0 WHEREAS, the Contractor(s) and Owner(s) have requested permission from the State to use East 50' Street Right-of-way approximately 4800 feet east of F.M. 835/FM 1729 intersection on the south side of the road in the County of Lubbock, for the purpose of constructing, maintaining, operating, and removing a water quality monitoring well hereinafter referred to as the "Activity" as shown on Exhibit "A" and hereby made a part of this Agreement. AND WHEREAS, the Texas Natural Resource Conservation Commission (TNRCC) has given the State written concurrence that the Contractor(s) and/or Owner(s) may need to access and temporarily use said highway right-of-way for purposes of investigation for nitrates in connection with TPDES Permit No. 10353-002, Agreed Order, and the Groundwater Remediation Plan, and said written concurrence is hereby attached as Exhibit "B' and made part of this Agreement. Attachment 4 Page 1A r r AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is hereby agreed as follows: 1 • It is expressly understood that except as set forth herein, the State does Purport hereby to grant any right, claim, title, or easement in or upon th sot highway. 'Furthermore, approval of this Agreement by the State does not constitute approval by any other Texas State Agency. 2• The Activity shall be conducted in compliance with all governing laws and regulations and policies. State 3• The Contractor and Owner shall have the Activity performed in such mannI so as to minimize inconvenience to or interference with highway traffic. Any traffic control devices required by said Activity shall be installed by the Contractor or Owner and shall be in accordance with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. 4. The Contractor and Owner shall provide necessary safeguards to Public during the Activity including adequate insurance for a protect the damages which might result from the Activity, payment of any from damages, to the extent of said insurance coverageandin insofar asave the s tearmless Contractor and Owner can legally do so. 5. The Contractor and Owner agree to indemnify ss the State, agents and employees, from all suits, actions r c a mseand frnd savom all l ab lit its damages for any and all injuries or damages sustained b anY and as a consequence of any neglect in the performance of the Activity and apnryperty related action by the Contractor or Owner and from any claims or los or recovered under the Workers' Compensation Laws -1 arising Vernon's Civil Statutes (Texas Tort Claims Act); or any other laws. of 6. The Contractor and Owner shall further indemnify the State responsibility for all damages or inperty and accept utilities, occurring during the Prosecution of the Activiof ty any anter, including act, g from any omission, neglect or misconduct on the part of the Contractor or Owner in he manner or method of executing the Activity. 7• The Contractor's and Owner's attention is directed to the fact that installations owned by others exist in the right-of-way. The Co t atctor or Owner shall provide adequate notice of the Activity to all utility companies oten impacted by the investigations. p Bally 2 Attachment 4 ii 8. The referenced Activity shall conform to a plan of action with intent to: (a)establish the presence, extent or absence of hazardous materials and/or petroleum products in the soil and/or ground water within the referenced highway right-of-way, (b) determine ground water flow direction, or (c) provide information for proposal of site remediation. 9. Prior to termination of this Agreement, the Contractor and Owner agree to remove the Activity and all of its facilities from the highway right-of-way and restore the right-of-way to its approximate originalcondition, free of any right- of-way damage, including ruts or any other injury to the environment. It is further agreed that the Contractor and Owner shall be liable for and obligated to clean up and remediate any contamination of substances in the right-of-way found to originate from the Owner's property. All liability and obligation shall be borne by the Contractor and Owner until such time as a letter from the Texas Water Commission (TWC) is received'by the State stating that the said site investigation and remediation is complete. Any costs incurred by the State for repairs to the highway facilities, for removal of the Activity, or for any other necessary restoration/remediation work performed by the State will be billed to the Contractor and Owner at cost. 10. The Contractor or Owner has provided the State with a Certificate of Insurance on a Department's standard form covering the below listed insurance limits for the duration of the Activity. Such Certificate of Insurance is attached as Exhibit "C" and is hereby made a part of this Agreement. A. Workers' Compensation Insurance Amount - Statutory Endorsed with a Wavier of Subrogation in favor of the State. B. Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate or Commercial general Liability Insurance Amount $600,000 combined single limit each occurrence and in the aggregate To include Contractual Coverage; and, endorsed with a Wavier of Subrogation in favor of those parties names in paragraph A above, and endorsed with the State as an Additional Insured. C. Comprehensive Automobile Liability 3 I Attachment 4 Amounts - Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence Endorsed with a Wavier of Subrogation in favor of those parties names in paragraph A above, and endorsed with the State as in Additional Insured. 11. Itis mutually agreed and understood that this Agreement shall terminate after a period of not more than ten (10) years from the date of the final execution of this Agreement. 12. The State reserves the right to terminate this Agreement at any time after notifying the Contractor and Owner in writing thirty (30) days in advance of the intended termination. The State also reserves the right to extend the period of this Agreement within thirty (300 days of receipt of a written request from the Owner. The state shall review the Owner's request for time extension and if acceptable, shall execute an amendment to this Agreement. Said amendments to this Agreement shall be executed by rand Owner addressing allclude all supporting documentation from the Contracto proposed revisions to the Activity's limits and period of work. Said amendments shall be attached hereto and shall be made a part of this Agreement. 4 Attachment 4 In Testimony Whereof, the parties hereto have caused these presents to be executed on the dates below stated. OWNER NAME: THE STATE OF TEXAS Certified as being executed for Bv: the purpose and effect of (Signature) Name: (Typed) (Title) Address: Phone: Date: CONTRACTOR NAME; By: (Signature) Name: (Typed) (Title) Address: Phone: Date: CONTRACTOR NAME: (Signature) Name: (Typed) (Title) Address: Phone: Date: W1 activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Department Of Transportation Commission under the authority of Minute Order 82513. District Engineer Lubbock District Date: List of Attached Exhibits A --Site Layout & Proposed Activity B--TNRCC Concurrence C --Certificate of Insurance D -- Attachment 4 CITY OF LUBBOCK .• INVITATION TO BID FOR TITLE: CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 193-01/RS PROJECT NUMBER: 6415.9226 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 7" 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS ,, 10. SPECIFICATIONS No Text NOTICE TO BIDDERS ITB #193-01/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 15th day of August, 2001, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project with a budget amount of $35,000.00: "CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 15th day of August 2001, and the City of Lubbock City Council will consider the bids on the 23rd day of August, 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. 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 8th day of August, 2001 at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, �* Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. •, The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK vt. t a�� VICTOR KILMAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164. X" No Text GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 15th day of Au ust, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #193-01/RS, CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 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 pre-bid meeting will be held at 10:00 a.m. August 8th 2001 in Purchasing Conference Room L04 Lubbock Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in 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 if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. it is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the _ Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST ccept gifts or anything of value nor enter into any business arrangement with 8.1 The bidder shall not offer or a 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 . 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. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER City of Lubbock 162513 1h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: rshuffield@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within FORTY FIVE (45) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful 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 """ 3 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 specified 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 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. 4 �� �� = 0 ER 0 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall bethe Contractor's responsibility to prosecute the work contemplated bvthe contract documents insuch o 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 bythese contract documents. The City ofLubbock agrees that itwill furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor ofhis responsibilities aforementioned. All such underground |inmonrotnuntuneooutordonnagedby Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor tothe satisfaction ofthe City ofLubbock.Texas, at<�on�ochor��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 held responsible for all damage to the work due to failure of barricades, signs, and lights toprotect it, and when damage inincurred, the damaged portion shall beimmediately removed and replaced byContractor athis 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 ofthe project. . . 22 EXPLOSIVES 22.1 The use ofexplosives will not bapermitted unless written permission todoonis 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 responsibilityfor all donnage, which may occur au o direct orindirect 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 ooare currently utilized bypersons, firms, orcorporations mngogedinn|nnUor .peofconstruction 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 tobeused during the construction ofthe project contemplated bvthis contract, itshall bethe duty wfthe 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 boprotect 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 - required hmhave 'ereo-onsib|elocal representative available atall times while the work k;inprogress under this contract. The successful bidder shall berequired bofurnish the name, address and telephone number where such local representative may beraachedduringthetinnmUhetthevvorkonntenmp|otedbv this contract is in progress. 24 INSURANCE 241_The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation =change. All policies shall 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 an insurance company authorized to transact 'businesoinUieStobyofTexooandaho||covmroU- -- operations |nconnection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation ofeach subcontractor. Acertificate ofinsurance specifyingeach and all coverages shall be � submitted before contract execution. ' 24.2 The insurance certificates furnished shall name the City as anadditional insured, orinthe alternative, shall be accompanied by a statement from the Contractor to the effect that no work on 25 this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. LABOR AND WORKING HOURS 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: 25.1 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 work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 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 at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 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. 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). (e) Contract Agreement. „ (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered r” 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 carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 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 Amount. 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 INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. No Text BID SUBMITTAL LUMP SUM BID CONTRACT DATE:y + N-01 PROJECT NUMBER: #193-01/RS - CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS Bid of I (hereinafter called Bidder) v To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. } .1 Qo��«�s MATERIALS: TeN / /��Usc n�t1 d i_wQ l4v,n3cttcd sea er.slV T W ($ �� �� ) SERVICES: J we,a f it Three 716,,5,,,j TL ee 7 0 (,;S5As- i%r�/r„f$ ✓� ) L / / / A$' TOTAL BID: 7- 1 f es( TA re e- c�.j [' a,, F,'-- v w�dre J 4 Sev,h Ard$ 5 7 ) (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 specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 45 (FORTY FIVE) 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 $0 (ZERO DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. 1 No Text Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable .� without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Two Tho 4aar.d F,'o c NjuH rIr ,/ Dollars ($-:P400 , which it is agreed shall be collected and retained by the Owner as liquidated damages in the P event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid Date: price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. . F Authorized igna�ture Y� R (Seal if Bidder is a Corporation) ATTEST: Secretary or ce57- j (Printed or Typed Name) A(d5i/} 0r�` 1Ii'A) Company -p-6. Ai c\ Address A, L.-, .11 � w so nl Bidder acknowledges receipt of the following addenda: City, County A", eXa S 7y3 3/ Addenda No. � Date �- ;1. -� i State Zip Code Addenda No. _� Date f — -- Telephone: �0 4 - 517 �, - 15 sr5 0 Addenda No. '3 Date Ss ^ y- o I Fax: �o (� g-7 ,� �- Addenda No. 'Date - M/wBE Firm: r s■* 2. P�From: Velanie Davis At: Trim ble-Batier Insurance r' ssociates, L.L.P. TO: Acosta Drilling Faxte: (915) 6534883 Date: 8/14/01 03:12 I'M Page 1 of 1 k:. .. . acOR—D. CERTIFICATE OF PRcoueeR Trimble-Batjer Ins. Assoc. LLP P O Box 2480 San Angelo TS 76902-2480 LIABILITY INSURANCE OP ID MD DATE(MWODNY) ACOST 2 08/14/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH73 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 915-653-6733 Fax:915-653-3754 INSURERS AFFORDING COVERAGE WSURED LTR TYPE OF INSURANCE- NsucEaA National American Ins Co INSURER 13 POLICY EXPIRATION LIMITS OCNERAL LYIDILITY Acosta Drilling P. 0. Box 1181 Lamesa TY 79331 INSURER C. IPISURER D: NSURER E CAVRRaBCC 05/08/01 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C-cRTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUCH .- INSR LTR TYPE OF INSURANCE- POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDfYYJ POLICY EXPIRATION LIMITS OCNERAL LYIDILITY EACH OCCURRENCE S1,000,000 A Z COMMERCIAL GENERAL LIABILITY i CLAMS MADE ® OCCUR MP1924442E 05/08/01 05/0x/02 FIR=- DAMAGE V-manefire) x 100,000 MED EXP (Any one pemm) S 5 On l **SEE y SPECIAL PERsoNALeADvrtNIURv S 1, 000,000 PROVISION GENERAL AGGREGATE $2,000,000 LA4IT APPLIES PER: PRCDUCT5-COMPfOP AOG s2,000,000 I1-G-E_N,.AGGREGATE PRG Y PO.1r,Y JECT LOC AUTOMOBILE LIABILITY 1 A % ANYAI.rro AU1397742E 05/08/01 05/08/02 COMBINED SINGLELIAT $1,000,000 (Ea accident) ALL OVMJED ALITOS SCHEDULEDAUTOS7'u' ODIL`/IIWI:RY S (Per'%IS ( � HIRED AUTOS �� NOI60W EDA TOS BODILY INUURY rrerawcent) $ S ***SEE SPECIAL i PRDPERTvDAl ADE PROVISIONS (Per accident) s GARAGE LIABILITY I IAJ70 ONLY - EA ACCIDENTS ANY AUTO OTHER TEA ACC S HM I 12 J1 Z76 ONLY: AGG 3 I EXCESSILMMLITY I A �� occuR CLHMSMADE MB1356542E EACHOCCLRRENCE S 1, GOO, 000 AGGREGATE IS1,000,000 i 05%08/01 � 05/08/02 s ID-11CTIELE S XRE errnoN 10,000 3 WORKERS COMPENSATION -ND WCSTA7 ;J- 0TS B EMPLOYERS' LIABILITY A ( TORY E1'H- ES L. EACH ACCIDENT s500060 IM1312242E 05/08/01 05/08/02 ***SEE SPECIAL PROVISIONS I I EL.DISEASE-EAEMPLOYEE 13500000 E L. DISEASE -POLICY LIMIT $500000 OTHER i t DGCCRIPTION OF OPGRATIONG&OCATIONCMNICLCCICXCLUCIONC ACDCD CY SNOORCCMENTICPCCIAL PROVISIONS' ***SPECIAL PROVISIONS-POl's incl blkt 30 day notice Of eancl/matl chg (except nonpay, 10). addl insd (except we) & waiver Of subro in favor of any Person or organization as required by signed, written contract. CERTIFICATRGAIncD CI TLUTX CNOLI.D ANY OF TMC AEOVG OCCCRIBCD POLICIES GG CANCCLLGD EEFORG TNG EXPRATION City of Lubbock DATE THEREOF, THE ISSUING INSURERWILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Purchasing Dept. NOTIQE TO THE CERYMCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SNALL Room I04 Municipal Bldg. 1625 13th Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Lubbock TY 79401 REPRESENTATIVBs, ACORD 25-S (7/97) ACORD CORPORATION LIST OF SUBCONTRACTORS Minority Owned Yes No 2, 0 ❑ 3. ❑ ❑ 4. ❑ ❑ 5 ❑ ❑ g, ❑ ❑ 7 0 C 8. ❑ O 9• ❑ ❑ 10. ❑ ❑ 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. d - Contractor ( ignature) ' CONTRACTOR'S FIRM NAME: r 111�Aor M /Tco� TA -Sk Contractor (Print) �(Osfi A- tr" 111' (Print or Type ) CONTRACTOR'S FIRM ADDRESS: P-01 60, 7q'3 31 Name of Agent/Broker: / t" m o,'i` I n 'r .Tn> '-'� r CLN c c Address of Agent/Broker: AQ, y C)x 6"-L g r6 v City/State/Zip.: 7 e)(a S % y O Agent/Broker Telephone Number: 653 6733 Date: g- /'-/_v 1 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 #193-01/RS - CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS 4 om: Melanie Davis At: Trimble-Bat}er Insurance E ssoclates, L.L.P. To: Purchasing Dept Faxo: (915) 653-4883 Date: 8/14/01 03:12 PM Page 1 of 1 A*e! m7 _- DATE (MWDONY) ACORo CERTIFICATE OF LIABILITY INSURANCE ACOST 2 08/14/01 THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION RooucER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE iriatble-Batj ex Ins. Assoc. LLP HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR O Box 2480 - ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. an Angelo TE 76902-2480 INSURERS AFFORDING COVERAGE Phone: 915-653-6733 Fax:915-653 3754 VSURED INSURER National American Ins. Co INSURER @: ...... . - Acosta Drilling INSURER C: P. 0. BOX 1161 INSURER D: LameSa T% 79331 INSURER E: COVERAGES THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 'CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OF INSURANCE POLICY NUMBER POLICY GFFGCTIVG DATE MIDOrY POLICY EXPIRATION DATE MIO DIM LIMITS ILITY - MP1924442E 05/08/01 05/08/02 EACH OCCURRENCE IS1,000,000 FIRE DAMAGE (AM one Ore) IS100,000 MED EXP (Any one person) S 5 00 0 CwLGENERALWIBILITY IMS MADE OCCUR rX**SEE PERSONAL aAwINJURY IS 1,000'000 E SPECIAL GENERAL AGGREGATE S 2 000 , 000 ISIONS , PRODUCTS-COMPlOPAGG $2,000,000 ATE UMRAPPUES PER: PRO- LOC AUTOMOBILE LIABILITY 05/08/01 05/08/02 COMBINED SINGLE LIMIT S1,000,000 (Ea accident) 't vro AU1307742E WNED AUTOS BODILY INJURY ,(Per person) S DULED AUTOS AUTOS BODILY INJURY q (Per accident) NON -OW AUTOS SEE SPECIAL PROPER7YDAMAGE S (Per acdoera) JAA VISIONSAUTO ONLY - EA ACCIDENTABILITYUTO EAACC S OTHER THAN AUTO ONLY: AGGEACH OCCURRENCE S1,000,000 ABILITY CLAMS MADE MB1356542E 05/08/01 05/08/02 AGGREGATE IS1,000,000 S UR S DEDUCTIBLE q % RETENTION S lO 000R WORKERS COMPENSATION AND GMPLOVERVLIABILITY NW1312242E 05/08/01 05/08/02 % ORV LIMA'S O E.L. EACH ACCIDENT $ 500000 E.L. DISEASE -EA EMPLOYEE $500000 A ..*SEE SPECIAL PROVISIONS E.L. OISEASE-POLICY LIMIT $500000 OTHER oAI _..--_____._------..—..����.•..n,�bwlw,�lw�AV1O1ffN< - � i DESCRIPTION OF OPERATIO,r ILwb w"wy. ,.......,.�......—•—••------ —• — - ----- ***SPECIAm PROVISIONS -Pal's incl blkt 30 day notlee of cancl/matl chg (except nonpay, 10); addl Insd (except wc) & waiver of subro in favor of any person or organization as required by signed, written contract. CERTIFICATE HOLDER IN I ADDITIONAL INSURED; INSURER LETTEM CANCELLATION `+ITL= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Clty of Lubbock DATE THEREOF, THE ISSUING INSURER YYILL ENDEAVOR TO MAIL 3_ DAYS WRITTEN Purchasing Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Rocas L04 Municlpal Bldg. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 1625 13th Street REPRESENTATIVES. Lubbock T% 79401 iu, — —09UTATWE A /moi I 1988 ACORD P*1+. 1� UNIVERSAL SURETY OF AMERICA UNIVERSAL SURETY OF AMERICA Bond No. 060987789 KNOW ALL MEN BY THESE PRESENTS, that we _-__Acosta_ Drilling _ -- ---P.O.-Box 1811, Lamesa, .-Tx. 79331 as Principal, hereinafter called the Principal, and UNIVERSAL SURETY OF AMERICA, 950 Echo Lane, Suite 250, Houston, Texas 77024, as Surety; hereinafter called the Surety, are held and firmly bound unto _City of Lubbock 1625 13th St., Lubbock, Tx. 79401 Name, Address, City, State. Zip. Phone Number as Obligee, hereinafter called the Obligee, in the sum of ___5_-__ % of the amount of this bid not to exceed Two Thousand Five Hundred and no/100---------_-----_-----_----Dollars ($ 2.500.00_____ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Drilling_ -12 Monitor Wells NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract: if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then. this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this - lith___ day of _ August _2Q0.1__---- --Ac-osta-Drilling---- — (Principal) By: -� --- -- -- --- - — - — — Title: UNIVERS ETY AMERICA By: -- (Attorney -in -Fact) Paul G. Adam UNIVERSAL SURETY OF AMERICA UNIVERSAL SURETY OF AMERICA P.O. Box 1068 • Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Agency Information GPA# 4202001 060987789 TRIMBLE-BATJER INSURANCE Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint ANNELLE UNDERWOOD SMITH JOSEPH P 0 CONNOR LISA WELCH FRIEND PAUL G ADAM PETER S BATJER RANDALL SAVERANCE e�- of SAN ANGELO and State of TEXAS its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - in unlimited amounts - and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the stated limitations, and such authority is to continue in force until 03/14/2006 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July, 1984. "Be It Resolved, that the President, and any Vice President, 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 Attorneys) -in -Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Robert E. Ayo, and its corporate seal to be hereto affixed this 31st day of December, A.D., 1999. a� S�aErr o UNIVERSAL ETY OF A ICA 7 19 84 r 27 TEXAS ani Robert E. Ayo J President ems, State of Texas ss County of Barris On this 31st da of December, in the year of 1999, before me Pamela J. Scullion, a no y y tart' public, personally appeared Robert E. Ayo, personally known to me to be the person who executed the within histrument as President, on behalf of the corporation herein named and acknowledged to me that the corporation executed it. r1►?::f�j�tay f � PAMELA J. SCULLION MY COMMISSION EXPIRES July 12, 2003 Notary Public r I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby furthercertify that the said Power of Attorney is still in effect. GIVEN under my hand and the seal of said company, at Houston, Texas, this 13th day of 'august , 2001 Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. Form F6092 For verification of the authority of this power you may telephone (713) 722-4600. r^ BOND CHECK BEST RATING ..r� _;CENSE !N TEXAS DATE 4jat� BY PAYMENT BOND r-* Bond #060990795 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021{a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Acosta Drillin 2 (hereinafter called the Principal(s), as Principal(s), and .. Universal Surety of America (hereinafter called the Surety(s),' as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the ' Obligee), In the amount Of Thirty Three Thousand Five Hundred Seven Three Dollars ($ 33.573.00 United States for the payment whereof, the said Principal and Surety bind themsellawful money of the ves, and their heirs, administrators, - executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13 September 20 01 to construction of remediation in th day of and said Principal tinder the law Is required before commencing the work provided for in said contract to execute a bond in !* the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said - Article to the same extent as if it were copied at length.herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 25th day of Stem ber 20 Ol , Universal Surety of America Surety "— Acosta Drilling (Company Name) (Title By: r a Joseph F. O'Connor (Priv ed Name) {Signature) S)wNe (Title) 1 n The undersigned surety company represents that it is duty qualified to do business in Texas, and hereby designates Wm. E. Murfee an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Universal Surety of America ' Surety ../JoseDphP. O'Connor, Attorney -In -Fact Approved as to form: City of Lubbock City Attorney " Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of ., attorney for our files. n r7 2 f UNIVERSAL SURETY OF AMERICA P.O. Box 1068 • Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Agency Information GPA# 111 4202001 060990795 rTRIMBLE-BATJER INSURANCE Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint ANNELLE UNDERWOOD SMITH JOSEPH P 0 CONNOR LISA WELCH FRIEND PAUL G ADAM f~ PETER S BATJER RANDALL SAVERANCE of SAN ANGELO and State of TEXAS its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - in unlimited amounts - and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the stated limitations, and such authority is to continue in force until 06/1112006 . Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July, 1984. 'Be It Resolved, that the President, and any Vice President, 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. "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and rei binding upon the corporation. In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Robert E. Ayo, and its corporate seal to be hereto affixed this 31st day of December, A.D., 1999. LyVRETy � ° y UNIVERSAL ETrOF ICA w 1984 m 2� TEXAS � Robert E.o Y President State of Texas ss County of Harris On this 31st day of December, in the year of 1999, before me Pamela J. Scullion, a notary public, personally appeared Robert E. Ayo, personally known to me to be the person who executed the within instrument as President, on behalf of the corporation herein named and acknowledged to me that the corporation executed it. PAMELA J. SCULLION z" �= MY COMMISSION EXPIRES +� July 12, 2003 Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect. GIVEN under my hand and the seal of said company, at Houston, Texas, this 25th day of September 2001 Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. Form F6092 For verification of the authority of this power you may telephone (713) 722-4600. CERTIFICATE OF INSURANCE I ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID MD DATE (MMIDDIYh =oGUCER ACOST-2 09/27/01 W THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION rimble-Batjer Ins. Assoc. LIIP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE O Box 2480 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LpLALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. an Angelo T$ 76902-2480 ?hone. 915-653-6733 Pax:915-653-3754 INSURERS AFFORDING COVERAGE LSURED INSURERA National American Ins Cc INSURER B: Acosta Dmilling INSURER C: P. O. Box 1181 La—sa T$ 79331 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDIT1046F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - `- 4INCR . TR '". TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER POLICY EFFECTIVE DATE MMMWY POLICY EXPIRATION DATE MIDWY LIMITS $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR MP1924442E 05/08/01 05/08/02 EACH OCCURRENCE S 1,000,000 A FIRE DAMAGE (Any one pre) $ 100,000 MED EXP (Arty one person) S5,000 $ **SEE SPECIAL PROVISIONS PERSONAL a ADV INJURY S1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS- COMPIOPAGG $2,000,000 $ POLICY PRO- LOC -JECT., F7 AUTOMOBILE LIABILITY COMBINE[) SINGLE LIMIT (Ea accident) $1,000,000 I A $ ANY AUTO ALLOWNED AUTOS AU1397742E 05/08/01 05/08/02 BODILY INJURY $ (Per person) _ SCHEDULED AUTOS HIRED AUTOS - BODILY INJURY $ (Per accldenq _ Y NON -OWNED AUTOS ***SEE SPECIAL PROVI S I ONS PROPERTY DAMAGE $ (Pet aCCltlen!) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ w,. EXCGCCLWILITY A $ OCCUR � CLAMS MADE ME1356542E 05/08/01 05/08/02 EACH OCCURRENCE $l, 000,000 AGGREGATE s1,000,000 1$ DEDUCTIBLE S F $ RETENTION S lO OOO �� � A WORKERS COMPENSATION AND$ EMPLOYERS- L UIBIUTY NW1312242E w..SBE SPECIAL PROVISIOQS 05/08/01 05/08/02 WC STAT".OTH- $ TORY LIMITS ER E.L. EACH ACCIDENT $ 500000 E.L. DISEASE -EA EMPLOYEE $ 500000 OTHER E.L. DISEASE - POLICY LIMIT $ 500000 f DESCRIPTION OF OPERATI *ONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECULL PROVISIONS **SPECIAL PROVISIONS=Pol's incl blkt 30 day noti-cft OR canal/matl chg (except nonpay, 10); addl insd (except wc) & waiver o£ subro in favor o£ any person or organization as required by signed, written contract. Re: Construction of Remdiation Monitor/Sampling water Well ITS #193-01/RS CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITTUT$[AUTHORZ� OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City OP Lubbock TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL SSL DAYS WRITTEN Purchasing Dept . TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL I P . 0. Box 2000 POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Lubbock T$ 79457 PRESENTATIVES. NTATIVE ACORD 25-S (7197) c ACORD CORPORATION 1988 r�. �1 r TO: i CERTIFICATE OF INSURANCE CITY OF LUBBOCK P.O. BOX 2000 DATE:� LUBBOCK, TX 79457 Acosta Drilling ITB 9193-01/RTYPE OF PROJECT:Construction of THIS IS TO CERTIFY THAT P.O. Box 1181 Lam esa TRemediatx. 79331 ion Mon; trir�Samnr l ;_nom tea i ame and Address of is, the date of this certificate, insured by this Company with respect to the business operations hereinafter described,dfor thet typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. The above policies either in the body thereof orb a yy canceled by the i insurer h less than the legal time requ, edtafterr the insured r ceived written notnot be notice of suchc changed or WA ,cancellation, or to case there is no legal requirement, in less than five days in advance of c ri ten not 9 FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK ame o er By: Title: Partner Trimble -Bat ' er i 1 Insurance Associates, L.L.P. GENERAL LIABILITY DATE DATE — LIMITS � Commercial General Liability MP1924442E 0 Claims Made 5/8/01 5 /8 /Q2 Occurrence 0 General Aggregate $ 2 , 000 000 Products-Comp/Op AGG $ 2 Owner's & Contractors Protectiv Personal & Adv. Injury $1 Each Occurrence $ 1 $ , Fire amage (Any one Fire) 00,000 w $ Med Exp llAn one Person) $5,0 0 - AUTOMOTIVELIABILITY Any Auto AU1397742E ❑ All Owned Autos ❑ 5/8/01 5/8/02 Combined Single Limit $1 000.000 Scheduled Autos Bodily Injury (Per Person) $ ''"' ❑ Hired Autos Bodily Injury (Per Accident) ❑ Non -Owned Autos Property Damage $ GARAGE LIABILITY ❑ Any Auto ❑ Auto Only - Each Accident $ Other than Auto Only: Each Accident $ ❑ BUILDER'S RISK Aggregate $ ❑ 100% of the Total Contract Pri ❑ INSTALLATION FLOATER $ EXCESS LIABILITY $ 0 Umbrella Form ❑ Other Than Umbrella Form Each Occurrence $ Aggregate $ 1 WORKERS COMPENSATION AND EMPLOYERS'LIABILITy NW1312242E 5/8/01 $ 5/8/02 1 The Proprietor/ 0 Included Partners/Executive X7 Excluded Statutory Limits Officers are: Each Accident $ 500 , 000 TH OER Disease PolicyLimit Disease -Each Employee $ .500 ,00() The above policies either in the body thereof orb a yy canceled by the i insurer h less than the legal time requ, edtafterr the insured r ceived written notnot be notice of suchc changed or WA ,cancellation, or to case there is no legal requirement, in less than five days in advance of c ri ten not 9 FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK ame o er By: Title: Partner Trimble -Bat ' er i 1 Insurance Associates, L.L.P. CONTRACTOR CHECKLIST 0 P" 2 A CONTRACTOR SHALL: s on project, filing of any coverage aguration of the peemeagreements;roject based on coverage for its employees providing service ...provide O proper reporting of classification codes and payroll amount (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) od, a new rt ificate of coverage provide the government letiy, shown on end of the coverage phel contractor'securrent ertif cate of to eage 1pthe coveior showing extension of coverage, period coverage ends during the duration of the project; services on a project, and provide to the governmental entity: 4) (q obtain from each person providing on the project, so the governmental a certificate of coverage, prior to that person beginning work O entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and ficate eipt by of coverae showing (g) no later than seven days afterif shown on the currente contractor, a new cicertificate of og a age ends extension of coverage, coverage period n• 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; (g) ys after by certified hangemail notify the governmental entity in thatpmatenally affects the provisional delivery, within ten gof coveragetof knowwritinn, of any contractor knew or should have , services on the project; (7) any person providing ces on the oject that they are post a notice on each may vperifydcugrren cloverage andrrreport failure to provide , anedcsta ng howlng a perlsonrsons he Act or required to be covered, a 9 latgrequ1 rements pmall type,osed by tand sshall beh nrboth coverage. This notice is notice must be printedoin le st 19 point no commission rules. Th text for the notices the worker nguage common tpnoticetlwithoutany additional words English and Spanish and any oiled b shall be the following text pro y the commission on the sampleo orchanges: 0 P" 2 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see , reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. c I-- U a z 0 U CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 30th day of August. 2001, 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 of the City of LAMESA, County of DAWSON and the State of TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #193-01/RS - CONSTRUCTION OF REMEDIATION MONITOR/SAMPLING WATER WELLS -$33,575.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY LUBBOG , TEX OW R) CvA Se retary MAYOR ROVTO CONTENT: wner's Representative APPROVED AS TO FORM: City Attorney CONTRACTOR: ACOSTA D ILLING By: PRINTEDNAME: TITLE: 0 Ai e -r" ATTEST: COMPLETE ADDRESS: !�- Corporate Secretary ACOSTA DRILLING PO BOX 1181 LAMESA, TEXAS 79331 1 No Text GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit ACOSTA DRILLING who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CARRIE DORRANCE ENVIRONMENTAL COMPLIANCE SPECIALIST, so designated who will inspect constructions; onto such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required, "Considered Necessary, "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any. Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of k the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless 1 _otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such _ recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary. to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's. Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall •, furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work, The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any ., and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions ., given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed_ preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations amthe Owner may see fit in ine.grade, fornndinnenmionm.plans ornnateho|afor the vvorhherein oontem/p|atad.orany po�thereo[edh`-r before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. � ' If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, oranticipated profits onthe 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 =alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work aaoriginally planned. 0" 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 bvthe Owner or Owner's Representative to be done bvthe Contractor bzaccomplish any chnnge. � alteration oraddition nothe work asshown on the plans and specifications nrcontract 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 awritten vvorko signed bythe Dvvne�aRepresentative; mubieot.hovvever`bothe right of the Controotortorequire vvdhen�on'---Unofsuch extra vvorkorder bythe Owner. ^|tioalso agreed that the compensation hobmpaid tothe Contractor for performing said extra work shall bedetermined bvthe fnUovv�g methods:^ ^` Method (Al - Bvagreed unit prices; or _~ Method (B) - By agreed lump sum; or . - Method (C) - |fneither Method (A)orMethod /B>beagreed upon before the extra work i'commenced, then the Contractor shall be paidth lesser ofthe following: (1) actual field cost ofthe 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. _defined _ include the cost _ all workmen, such .~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, "="=="ce Bonds, 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 'presentative may direct the form'in which accounts field kept and records ofthese accounts shall bemade available bothe Owner's Reoreoentat�vv �. The Representative may also specif� in vvhUn ' type and kind of Contractor. Unlessotheethod of doing the work and the rwisereed determined--' -- pment shall be determined by using ---'— unless otherwise specified, "' the latest Schedule v/Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for (15%) of the actual field cost "'"= paid °" 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 � nnuatbemaintained primarily on account of such Extra Work, then the cost tP maintain and operate the same shall be included in the "actual field cost." o� 5 No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor_ shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise, reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, 0 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 intheState of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of,any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, .•s 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 insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the .on 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 contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 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 propertydamage, LO 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, $1,000,000.00 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 ^W 7 and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's 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. 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- T 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without Limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each"person with whom it contracts to provide services on the project, to: 10. W (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. 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 .0 Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of _ any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one — year thereafter; 10 La M W (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the cnmmicsinn's Divisinn of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil; penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and 11 (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i) -(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 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 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 12 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as .- the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $0 (ZERO DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution 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 "' 13 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 T has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without 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, 14 UQ IMO 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 work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if *- submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be .* retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding 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 15 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 T completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which — shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) 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 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 16 lia sem+ 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. P" 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 A•, credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, �** however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving 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 .., 17 date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual T obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus 18 lO materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, ,�.. disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. �""' 19 r CURRENT WAGE DETERMINATIONS EQ W oft RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer - Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified s� 1 Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 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 N EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 PFR mm 4 L SPECIFICATIONS I City of Lubbock Monitor Wells in Lubbock County. SCOPE OF WORK: This project shall include the furnishing of all equipment, materials, power, labor, tools, fuel and transportation necessary or incidental to completing approximately 10 monitor/sampling type water wells in Lubbock County. Drawings of the proposed well construction and a general location map are attached to these specifications. All materials used in this project shall be NSF approved. Contractor must have a current State of Texas Well Drillers License. 1.0 Material Specifications: 1.1 Gravel; The gravel for gravel packing shall be silicate particles of rock, as obtained from sources near Brady Texas, referred to as Brady 8-16 or an approved equal. Any other well rock shall be subject to the approval of the ENGINEER prior to bidding. Gravel Specifications 100% passing No. 6 screen 40% retained on No. 8 screen .T 65% retained on NO. 12 screen 25% retained on No. 14 screen 4% retained on No. 16 screen crushed rock not acceptable less than 5% soluble in HCL 1.2 Production Casing: Production casing shall be 5 inch schedule 40 flush threaded joint PVC well casing as manufactured by Eagle or Jet Stream or an approved equal. Casing centralizers shall be spaced on approximately 40 foot intervals throughout the well. A 5 inch slip on cap shall be provided on the bottom section of casing or screen. 1.3 Screen: The screen shall be 5 inch schedule 40 flush threaded joint PVC well screen as manufactured by Eagle or Jet Stream or an approved equal. The screen shall have the same outside diameter as the production casing and shall have openings of .035 inch. Each well shall be screened throughout the water bearing formation. 1.4 Concrete: Class B concrete shall be required for the concrete surface seal and well pad. The cement shall conform to Standard Specifications and tests for Portland Cement, "A.S.T.M." Serial Designation C-150-41, and C77-40. Class B concrete shall contain not more than 7 gallons of water per sack of cement. The concrete mix shall contain not less than 4-1/2 sacks of cement per cubic yard of mix and shall have a minimum 28 day compressive strength of 2500 P.S.I. Maximum additional water of 1-1/2 gallons per cubic yard of mix will be allowed with the approval of the ENGINEER. Concrete aggregates for class B concrete shall consist of natural clean washed sand and gravel. The aggregates shall be well graded form coarse to fine and the maximum size of the coarse aggregate shall not exceed 3/4 inch. The aggregate shall be free from injurious amounts of clay, soft or flaky materials, loam or organic impurities. 1.5 Surface Pipe: The surface pipe shall extend from 2 feet below the surface to 2 feet above the surface. The pipe shall be 8 -inch schedule 40 steel pipe, cleaned and painted with two coats of red primer. The surface pipe shall include a lockable cap. Surface pipe is required for 8 wells (see attachment 1). NOTE: Two of the wells require flush mount completions with manhole cover embedded in concrete for well access (see attachment 2). Manhole cover should be a high load capacity cover with the following specification: Morrison 418XA Limited Access Manhole (or equivalent) Cast Iron, Bolt -Down, Cover Seal, 12" by 12" . 1.5 Casing Seal: The five -inch plastic casing shall terminate 2 feet above the surface and be sealed with a watertight cap. NOTE: Two of the wells are flush mount and require the plastic casing and cap/seal shall terminate just below manhole cover (see drawing). 2.0 CONSTRUCTION SPECIFICATIONS: 2.1 Drilling: The use of slush pit or portable mud boxes will be CONTRACTORS choice The slush pits shall be dug by the contractor and shall be filled and leveled by the CONTRACTOR during final cleanup. Note: Two of the estimated number of wells may be located within road right of ways. The drilling shall be standard rotary drilling or air jetting; bentonite mud additives shall be used sparingly. The well shall be drilled a minimum of 8.75 inches in diameter from the surface through the water bearing logshowing1on the5feet changesnto the in the pormationeshall (redbed) strata. An accurate be kept by the driller and presented to the OWNER after completion of the well. 2.2 Installation of Production Casing; Before the production casing is installed, the hole shall be clear aofsand and cuttings to a point five feet belowp tred bed formation. 40 -foot The casing shall be centered by attaching guides at approximately intervals. Approximately five (5) feet of blank casing shall be installed below the bottom screen. 2.3 Gravel Packing The wells shall be gravel packed immediately after the production casing and screen have been set in place. The drill stem, without the drill bit, shall be lowered into the casing and screen to a point a maximum of 5 feet from the bottom of the screen. Gravel shall then be placed slowly into the annular space from the surface, taking precautions against mixing the gravel with drill cuttings or other debris at the surface near the well. After placement of the gravel pack, water, mud and sand shall be pumped from the interior of the screen and into the slush pit or mud box through the drill stem acting as an air lift pump. As the discharge clears the gravel level shall be checked and maintained at a point 5 feet above the top of the uppermost screened section. 2.4 Concrete for Surface seal and Well Pad: The annular space between the production casing and the wall Bentonite thepelholeetsor shall be open from the surface to a depth of 10 clean sand may be used to fill the annular space from the top of the gravel pack to 10 feet below the surface. The concrete seal shall then be poured from the surface to a depth surface centeredaround the casing. 0feet. 6�bt�y Tnwellpad inch wellpad shall be poured at t shall be reinforced with 6 by 6 mesh wire. NOTE: The two flush mount wells concrete must be sloped in order to allow for a vehicle to drive over it easily (see drawing). The concrete may also conform to the slope of the 2.5 Development Development shall be high volume airflow through the drill stem adjacent to the screen throughout the screened section. The volume of air shall be sufficient enough to proceduree sand, shouldbegdin atlthendtop roflthe screened from thep gravel pack. This p section and proceed slowly to the bottom of the screened section. This procedure shall be repeated until ectionthe agravel the deschargestable clear.5 feet above the eened s "' uppermost scr W 2.7 3.0 Clean Up: During all phases of construction the work site shall remain free of construction debris, boxes, paper, plastics, bottles and cans. The CONTRACTOR shall provide a receptacle at each work site and no debris shall be placed in the slush pits. Reports: The drilling company shall be responsible for filing the State of Texas Well Report. A copy of this report for each well shall be submitted to the OWNER prior to final payment. Special Information• The CONTRACTOR shall be especially cautious regarding fires. No firearms shall be allowed on the project. All losses, injuries, damages and claims for the same that result from activities of the CONTRACTOR shall be the responsibility of the CONTRACTOR. Damage to surface shall be kept to a minimum. Local farm roads provide access to the well sites. Farm roads are unimproved. The OWNER will provide very limited assistance to free vehicles that become stuck. The contractor shall be responsible for all utility locates. The contractor shall enter into agreement with Owner and the Texas Department of Transportation, for installation of two wells on highway right of way (see attachment 4, or equivalent document). Contractor is required to provide sufficient notification of work schedule, so that the owner can notify contract farm owners prior to entering private property. The contract farmers are aware of the project, but require notification before driller's enter the property. Water for drilling will be available in the Lubbock area, i.e. a meter hook- up to a fire hydrant for a $50.00 deposit. The contractor will need to supply self -owned double check back-flow preventer. The exact location of all wells will be designated at a later date. However the attached drawing shows general locations: - Schoppa Contract SE corner monitoring well 1 - Foerster Contract east side monitoring wells 2 & 3 - Jones Contract monitoring wells 5 & 6 - Adams Contract monitoring wells 7 & 8 - Monitorin w 11 10 9 e is SW of plot 27 on the far east of the map - Flush mount monitoring wells 4 & 9 are located east of the intersection of FM 1729 & FM 835, south side of the road on E. 50' Street in State Right-of-way. Item Estimated Quantities 1.) 8 Bid proposal for the Construction of Monitoring Wells in Lubbock Co. Texas Units Description Each The construction of monitoring/sampling type wells including all transportation, materials, equipment, and labor necessary to complete the well from 2 feet above the surface to 5 feet into the impervious redbed. Complete in place as per specifications for the unit price bid of: Materials (per well) - 0 1 Labor (per well) Total (per well) Total bid (8 wells, est.) 2 Each The construction of monitoring/sampling Z•) type wells including all transportation, materials, equipment, and labor necessary to complete the well from flush mount (about 4 inches above grade) to 5 feet into the impervious redbed. Complete in place as per specifications for the unit price bid of: Materials (per well) Labor (per well) Total (per well) Total bid (2 wells, est.) TYPICAL MONITOR WELL CONSTRUCTION /LOCKABLE CAP WATER TIGHT PLUG OR SEAL 11I IIEIII- 6'X 6'X 6" WELL PA (REDBED) 'N8" SCHED 40 SURFACE PIPE -CLASS B CONCRETE SEAL 5" SCHEDULED 40 PVC CASING - WELL BORE 8.75" MIN. CLEAN SAND OR ,---BENTONITE PELLETS 5° GRAVEL PACK �----- 5" PVC SCREEN 0.035 INCH OPENINGS 5' BLANK CASING PVC CAP