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HomeMy WebLinkAboutResolution - 2005-R0394 - Contract - Hi Plains Drilling Inc.- Irrigation Wells For Parks - 08_25_2005Resolution No. 2005-RO394 August 25, 2005 Item 38 RESOLUTION BE; IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for irrigation wells for various parks, by and between the City of Lubbock and Hi Plains Drilling, Inc. of Lubbock, 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 25th day of August, 2005. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Sherry Stephens Interim Director of Water Utilities APPROVED AS TO FORM: gslccdocs/res-Contract-Hi Plains Drilling Inc August 17, 2005 I UGAL, MAYOR CITY OF LUBBOCK SPECIFICATIONS FOR IRRIGATION WELLS FOR VARIOUS PARKS ITB #05-092-BM Plans & Specifications may be obtained, at the bidder's expense, from THE REPRODUCTION COMPANY http://yr.thereproductioncoml) Phone: (806) 763-7770 "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas -"3 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us rM #05.092-BM, Addendum #1 ADDENDUM #1 ITB #05-092-BM Irrigation Wells for Various Parks DATE ISSUED: July 26, 2005 OLD CLOSE DATE: July 27, 2005 @ 3:00 P.M. NEW CLOSE DATE: August 3, 2005 @ 1:00 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. Bid due date and time are CHANGED from July 27, 2005 @ 3:00 P.M. to August 3, 2005 @ 1:00 P.M. 2. Attachment B, Well Profile is attached. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@)mylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's resvonsibility to advise the Citv of Lubbock Purchasing Manager if anv language. requirements. etc.. or anv combinations thereof, inadvertenty 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 Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-092-BMAdl I ATTACHMENT B WELL PROFILE rM#05-092-BMAdl rrB #05-092-BK Addendum #1 ITB #05-092-BK Addendum #1 Ze 45> N1 or-Y w 0� 4.41 4---- 4-4-1---4 ITB#05-092-BMAdl City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock-tK.us ITB #05-092-BM, Addendum #2 ADDENDUM #2 ITB #05-092-BM Irrigation Wells for Various Parks DATE ISSUED: July 29, 2005 OLD CLOSE DATE: August 3, 2005 @ 1:00 P.M. NEW CLOSE DATE: August 5, 2005 @ 1:00 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. Bid due date and time are CHANGED from August 3, 2005 @ 1:00 P.M. to August 5, 2005 @ 1:00 P.M. 2. Bidder's attention is invited to the following questions / concerns and their respective responses: QUESTION: Who is responsible for fixing sprinkler lines? ANSWER: The driller/contractor is responsible for repair of any damaged irrigation system components (Section 1500, 1.9.C.). QUESTION: In Specifications, Section 02525, 2A.B. please clarify if three-inch gravel line is correct. RESPONSE: In Section 02525, 2A.B. Reduce the size of the gravel feed line to 2.5 inches nominal diameter with a Schedule 40 pressure rating. QUESTION: In Specifications, Section 02525, 3.5. A., please clarify bailer dimensions. RESPONSE: In Section 02525, 3.5.A., please change the bailer nominal diameter to 6-inches. QUESTION: In Specifications, Section 02525, please clarify differences between paragraphs 3.2.B, and 3.3.B. RESPONSE: In Section 02525, 3.2.B. and 3.3.B. The intent of these two requirements is to drill the borehole approximately 10-feet into the "red bed" and to install at least 15-feet of steel casing into this hole for a sediment sump and to have approximately 5-feet of casing above the "red bed". QUESTION: Please clarify how much cement is to be used. Is the surface cement to be at least 20-feet below the pitless adapter outlet? RESPONSE: Section 02525, 3.5.B. is CHANGED to read, "... the gravel elevation shall be maintained within 25-feet of the ground surface." Section 02525, 3.6.E. is also CHANGED to require the gravel pack to be maintained to within 25-feet of the surface. CONCERN: Specifications, Section 02525, 3.2.B., states 14-inch bit. A 14-inch bit is non-standard, however, 14-3/4 —inch is standard and is readily available. Please clarify. RESPONSE: In Section 02525, 3.2.B. Throughout this section, the borehole size is referred to as "nominal" or "minimum" with the implication that it would be 14-3/4 inches or larger. Therefore, the minimum borehole diameter is 14-3/4 inches. QUESTION: What is the time for developing and testing? ANSWER: In Section 02525, 3.6. The only set time for the test pumping is the 3-hour steady state pumping rate (3.6.D.). Since each well may have a different time to achieve the steady state condition, it will be a field decision on the test duration. rTB#05-092-BMAd2 No Text r1B #05-092-BM, Addendum #2 QUESTION: Where does the contractor put the water while testing? ANSWER: See Section 02525, 3.6.13. for water disposal during the pump test. QUESTION: Does the pipe go to the bottom of the hole before gravel packing? ANSWER: See Section 02525, 3.4.13. for direction on specified installation of the gravel feed pipe. QUESTION: In Specifications page 02525-3, 2.3 Screen, paragraph E. Minimum open area per linear foot of pipe is 115 square inches. What amount of pipe area is not available with 0.050 slot in 8 5/8 screen? ANSWER: Section 02525, 2.3.E. It has been confirmed with the manufacturer of the product specified that 8 inch nominal diameter well screen with 50 mil slot size is available with an open area of 117 square inches per liner foot of screen. Therefore, this product is available as specified. CONCERN: In Specifications page 025254, C. Internal Adapter, D, we are not aware of a pitless adapter with a nut that allows a full casing opening or is a weld on unit. Please advise. RESPONSE: This specification is not for a weld on pitless adaptor as was intended. DELETE paragraph 2.5 in Section 02525 in its entirety and replace it with the following: 112.5 PITLESS ADAPTOR A. General a. Furnish each well with a pitless adaptor unit constructed of cast steel that is welded onto the well casing. b. Pitless adaptor will allow removal of the submersible pump and pipe column from the surface leaving a full well casing diameter opening with no obstructions restricting access to the full well casing length. c. Provide a watertight well cap for each unit constructed from carbon steel. d. Cap will be capable of being secured to the housing using stainless steel bolts and nuts with a minimum diameter of 5/8 inch. e. Well cap will have a flat neoprene gasket to provide a watertight seal. f. Furnish cap with an air vent opening with a 16-mesh size stainless steel screen. g. Well cap will have an integral "weather head" type electrical junction box suitable for two (2) inch electrical conduit. B. Internal Adaptor a. Construct of brass with a lead content less than one percent. b. Provide a three (3) inch nominal diameter discharge outlet with male NPT threads. c. Adaptor ell will have female pipe threads on top and bottom suitable for connecting to the drop pipe and removal from the surface. Removal of adaptor ell will leave an unobstructed full pipe opening for easy access to the well casing. d. Adaptor ell outlet will have a machined surface with a Buna-N O ring seal that will seat against a receiver unit and locked in place by stainless steel pins. e. Receiver unit will be made from the same material as the ell." 3. In Specifications, Section 01300, 1.1 Coordination and Project Conditions: ADD the following: "I. Coordinate location of existing irrigation system components with the Parks Dept. prior to accessing the site with any equipment. J. Coordinate schedule of drilling with the Owner's Representative so existing irrigation sequences may modified to accommodate the Work." rM#05-092-BMAd2 2 rrB #05-092 BM, Addendum 42 4. In Specifications, Section 02525, 3.2.A. Slush Pit. DELETE lower case paragraphs a, b & c and REPLACE them with the following: a. Contractor will use rectangular roll off type solid waste container for the on site slush pit. Container will have a minimum useable volume of 30 cubic yards. b. Contractor will obtain approval from the Owner's Representative for the location of the roll off container." 5. In Specifications, Section 02525, 3.3.B. Please CHANGE to read, "Approximately ten (10) feet of blank casing shall be installed below the bottom of the screen." 6. In Specifications, Section 02525, 3.6.B. ADD the following to the end of that paragraph: "Coordinate the direction of overflow water discharged onto the ground with the Owner's Representative." 7. In Specifications, Section 02525, 3.7.C. Please modify to read, "Contractor shall level any surfaces disturbed during the Work using sand to as near pre-existing conditions as possible." All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to BmacnairCamvlubbock.us CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's resnonsibility to advise the Citv of Lubbock Purchasine Manager if anv laneusee. requirements, etc.. or anv combinations thereof. inadvertently restricts or limits the reauirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 1TB#05-092-BMAd2 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ei.lubbock.tK.us TTB #05-092-BM, Addendum # 3 ADDENDUM #3 IM #05-092-BM Irrigation Wells for Various Parks DATE ISSUED: August 3, 2005 OLD CLOSE DATE: August 5, 2005 @ 1:00 P.M. NEW CLOSE DATE: August 11, 2005 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (TTB). Where any item called for in the TTB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bid due date and time are CHANGED from August 5, 2005 @ 1:00 P.M. to August 11, 2005 @ 1:00 P.M. 2. In Specifications, Section 02525, 3.4.A. CHANGE to read as follows, "Place gravel in the well annular space using a tremie or other similar method as approved by the Owner's Representative." All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@mvlubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's resaonsibihty to advise the Citv of Lubbock Purchasing Manager if anv language. requirements. etc.. or anv combinations thereof, inadvertently restricts or limits the reauirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. TTB#05-092-BMAd3 1 i i,..a City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tr.us ITB #05-092-BM, Addendum # 4 ADDENDUM #4 ITB #05-092-BM Irrigation Wells for Various Parks DATE ISSUED: August 8, 2005 OLD CLOSE DATE: August 11, 2005 @ 1:00 P.M. NEW CLOSE DATE: August 16, 2005 @ 1:00 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. Bid due date and time are CHANGED from August 11, 2005 @ 1:00 P.M. to August 16, 2005 @ 1:00 P.M. 2. All bidders are notified that the following qualification statement must be completed and submitted with their bid: The Contractor shall show that he has experience with similar irrigation well projects that require the Contractor to plan his work efforts and equipment needs with American Water Works Association (AWWA) drilling fluid specifications in mind. The Contractor must submit a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment that will be used to perform work on this project in compliance with City of Lubbock specifications, AWWA drilling fluid specifications and AWWA testing specifications. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair(a)mylubbock.us THANK YOU, CITY OF LUBBOCK R400060F i Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Citv of Lubbock Purchasing Manager if anv language, requirements, etc., or anv combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. TTB#05-092-BMAd4 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ei.lubbock.tx.us ADDENDUM #S M #05-092-BM Irrigation Wells for Various Parks DATE ISSUED: August 10, 2005 CLOSE DATE: August 16, 2005 @ 1:00 P.M. #5 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. Bidders MUST submit the ***REVISED*** Bid Submittal Unit Price Bid Contract (attached), in lieu of pages one through four of the original bid submittal. All additional originally required pages remain the same. 2. Item # 1, 14-inch nominal diameter bore hole QUANTITY is CHANGED from 3,740 FT to 3,410 FT. 3. Item # 2, 8-inch nominal diameter casing QUANTITY is CHANGED from 2,200 FT to 1,870 FT. 4. Bidders attention is invited to the following questions and their respective responses: QUESTION: Addendum number one is showing a well pad for the well there is not a spot on the bid to put the well pad but there is a spot to put the well seal. Item number five is in cubic yards, do we need to put these two together? ANSWER: Yes, the well pad is to be included in item #5. QUESTION: There is not a spot for the development of the well are we supposed to put the testing and the development of the well together on bid item #7? ' ANSWER: Yes, include the development in bid item #7. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@Mylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing_ Manager if go langua ems, requirements, etc., or any combinations thereof, inadvertently restricts or limits the r requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-092-BMAd5 1 *** REVISED *** BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: PROJECT NUMBER: #05-092-BM - IRRIGATION WELLS FOR VARIOUS PARKS Bid of rrB #05-092 BM, Addendum # 5 (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a IRRIGATION WELLS FOR VARIOUS PARKS 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. Approx. Item Quantity No. & Unit Description of Item Total Amount 1 3,410 FT 14-inch nominal diameter well bore hole MATERIALS: $ /FT ( ) $ /FT( TOTAL BID ITEM #1: $ /FT( (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 2 1,870 FT 8-inch nominal diameter steel well casing, installed MATERIALS: $ /FT ( ) LABOR: $ /FT( ) TOTAL BID ITEM #2: $ /FT( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder's Initials rrB#05-092-13MAd5 2 M #05-092-BM, Addendum # 5 Approx Item Quantity No. & Unit Description of Item Total Amount 3 1,540 FT 8-inch nominal diameter steel well screen, installed MATERIALS: $ /FT ( ) LABOR: $ /FT( ) rl TOTAL BID ITEM #3: $ /FT( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 4 88 CY Well gravel pack, installed MATERIALS: $ /CY( ) LABOR: $ /CY( ) TOTAL BID ITEM #4: $ /CY( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 5 12 CY Concrete well seal, installed MATERIALS: $ /CY LABOR: $ /CY( ) TOTAL BID ITEM #5: $ /CY( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 6 22 EA Furnish and install pitless adapter MATERIALS: $ /EA( ) LABOR: $ /EA( ) TOTAL BID ITEM #6: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder's Initial rM#05-092-BMAd5 3 rM #05-092-BM, Addendum # 5 Approx Item Quantity No. & Unit Description of Item Total Amount 7 22 EA Test pump for each well MATERIALS: $ /EA( ) LABOR: $ /EA( ) BID ITEM #7: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8 22 EA Demobilization, cleanup, turf repair, site safety & superintendence and other miscellaneous items to complete work MATERIALS: $ /EA( ) LABOR: $ /EA( ) TOTAL BID ITEM #8: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL BID ITEMS 1 — 8: MATERIALS: LABOR: $ ( ) TOTAL BID ITEMS 1 -8: $ ( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100 (ONE HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder's Initials rIB#05-092-BMAd5 rM #05-092-BM, Addendum # 5 Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Telephone: - Fax: - Zip Code M/WBE Firm: Woman Black American Native American Hispanic American I I Asian Pacific American Other (Specify) rrB#05-092-BMAdS CITY OF LUBBOCK i INVITATION TO BID FOR TITLE: IRRIGATION WELLS FOR VARIOUS PARKS ADDRESS: LUBBOCK, TEXAS v ITB NUMBER: 05-092-BM �a. PROJECT NUMBER: 90357.8302.10000 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT s 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO BIDDERS. I NOTICE TO BIDDERS ITB #05-092-BM Sealed bids addressed to Victor Kilman, Purchasing & Contract Manager, City of Lubbock, Texas, will be received in the office of the Purchasing & Contract Manager, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 27th day of July, 2005, 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: "IRRIGATION WELLS FOR VARIOUS PARKS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing & Contract 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 & Contract Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clock p.m. on the 27th day of Julv, 2005, and the City of Lubbock City Council will consider the bids on the 25th clay of August, 2005, 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 subnut 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. 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 21st day of July, 2005 at 10:00 o'clock a.m., in MUNICIPAL BUILDING, 1625 13TH STREET, 1 COMMITTEE ROOM 103, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE BIDDER'S EXPENSE, FROM THE REPRODUCTION COMPANY, bqp://pr.theroroductioncompany.com/, Phone: (806) 763-7770. 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 & Contract Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775- 2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK ,4 £ ;AV r,� VICTOR KH-!t4AN PURCHASING & CONTRACT MANAGER iI GENERAL INSTRUCTIONS TO BIDDERS GENERAL, INSTRUCTIONS TO BIDDERS m 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish IRRIGATION WELLS FOR VARIOUS PARKS per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, the 27th day of July, 2005 at the office listed below. Any bid :r 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 #05-092-BM, IRRIGATION WELLS FOR VARIOUS PARKS" 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 & Contract Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing & Contract Management 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., July 21st, 2005 in MUNICIPAL BUILDING, 1625 13TH STREET, COMMITTEE ROOM 103 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 mandatoiy. 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 M are made by ADDENDA information available over the Internet at http://www.RFPde op t.coni. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any 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 & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Department will be available over the Internet at hM://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. 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 & Contract Management 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 & Contract Management 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. r 3 4.2 Before submitting a bid, each bidder shall be responsible for malting 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 & Contract Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing & Contract 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 & Contract 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 1TB 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. u 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 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST ' 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice 'to Bidders. !, 12 BIDDER INOUIRIES AND CLARIFICATION OF REOUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing & Contract 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 & Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO "BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13t' Street Lubbock, Texas 79401 _ ., z Fax: (806) 775-2164 Email: BMacnair@mylubbock.us RFPDepot: http://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within NINTTY (90) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. -' 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and v, warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware - ; failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be A 1- - delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, 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 L 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: f (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by L- < 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. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and _3 replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. i 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. A: 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS ' 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem .. wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil - 6 Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on 3 weekends or holidays will be made by the Owner's Representative. r 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must .. classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If 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. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS 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. G) Insurance Certificates for Contractor and all Sub -Contractors. (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 incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of 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 bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: fi (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. 8 (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 8 plus the sum of any Alternate Bids the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 9 r. ., '��,�.� k��� � � � s�,�d F , � ... �; ° � � � i Hi Plains Drilling, Inc. Telephones: (806) 298-2571 (800) 775-2571 Fax (806) 298-2555 • P.O. Box 730 • Abernathy, Texas 79311 August 16, 2005 City of Lubbock Victor Kilman, Purchasing and Contract Manager 1625 13`h Street, Room 204 Lubbock, TX 79401 RE: ITB #05-092-BM Dear Victor: Hi Plains Drilling, Inc. began using low solids and low water loss drilling fluids in 1987 at Cannon A.F.B. where we drilled two new water supply wells for the base. At Cannon, the mud specifications were from the Army Corp of Engineers and are stricter than AWWA specifications. We have used this system on many other projects since then, in municipal wells, irrigation wells for Texas Tech, and artesian wells in New Mexico. We have used this system in low yielding Santa Rosa wells and have had very good results. In 2002, Ken Grant attended the Baroid drilling fluid school to learn more about the proper use of drilling mud additives in the drilling fluid system, and how to test their properties. The following equipment and materials will be used on the above referenced project: SD55 Gardner Denver drilling rig with 4" X 5" centrifical mud pump 8" drill collars and 5.5" full hole drill pipe Portable low solids mud system, 9000 gallon two compartment tanks, two 4' X 5' shale shakers (500 GPM each), twelve cone desilter (1200 GPM), mud agitator in suction compartment, mud mixer and Fisher pickup pump (1000 GPM) Aqua gel, soda ash, Pac-R or Pac-1 will be used to control water loss Walker -Neer B-43 high speed bailing unit with 6 5/8" X 38' bailer The well will be circulated with clear water before the drill string is removed and the casing is placed in the well. Clear water will be used to pump the gravel in place. The drilling fluid properties set forth in the AWWA standards will be measured and recorded. The supervisors Hi Plains Drilling, Inc. will have on this project are Ken Grant, Texas water well drillers license number 2506; Carlos Gorostiza, Texas water well drillers j license number 2171; and LeeRoy Trevino, Texas water well drillers license number 54667. Mr. Trevino has worked in the water well industry for fourteen years and has been a licensed water well driller for four years. Mr. Grant has worked in the water well industry for twenty-seven years and has been a licensed water well driller for approximately twenty years. Mr. Gorostiza has worked in the water well industry for thirty-seven years and has been a licensed water well driller for approximately twenty- five years. The following projects have been completed in the last three years using equipment similar to the equipment that will be used on this project: City of Lubbock, Richard Lopez Park, Dan Ruland, Lubbock, Texas Norris and Son, Ronald Norris, Hagerman, New Mexico Earl Grassie, Dexter, New Mexico Quinton Rogers, Artesia, New Mexico Riverside Rural Water, JDL Construction, Jim Landfair, Riverside, New Mexico Riverstone Park Apartments, Bill Malloy, Lubbock, Texas Bureau of Reclamation, Wes Abel, Artesia, New Mexico City of Lubbock, Barnard Construction, Mike Jones, Lubbock, Texas Mack Chase, Artesia, New Mexico Berry Land and Cattle, Jim Berry, Dexter, New Mexico Goulds Pumps, ITT Industries, Randy Swearingen, Lubbock, Texas Artesia Rural Water Coop, Chad Maxwell, Artesia, New Mexico Southwind Dairy, Al Squires, Artesia, New Mexico Curtis Griffith, Lubbock, Texas Lubbock National Bank, Lubbock, Texas City Bank, Curtis Griffith, Lubbock, Texas Sam Faddoul, Lubbock, Texas Tim Pridmore, Lubbock, Texas Beth Nickels, Lubbock, Texas Don Nickels, Lubbock, Texas The Fountains Apartments, Patti Farmer, Lubbock, Texas Hawthorne Suites Hotel, Lubbock, Texas Savannah Oaks Apartments, Lubbock, Texas Stonegate Apartments, Patti Farmer, Lubbock, Texas Willow Hill Apartments, Lubbock, Texas Hi Plains Drilling appreciates the opportunity to bid on this project. If you have further questions, please let me know. Sincerely, HI PLAINS DRILLING, INC. Gary D. Grant President ITB 405-092-13M, Addendum # 5 *** REVISED * * * BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: August 15, 2005 PROJECT NUMBER: #05-092-BM - IRRIGATION WELLS FOR VARIOUS PARKS Bid of Hi Plains Drilling, in.e (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a IRRIGATION WELLS FOR VARIOUS PARKS 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. Approx Item Quantity No. & Unit Description of Item Total Amount 3,410 FT 14-inch nominal diameter well bore hole MATERIALS: two dollars and ninety—nine cents $ 2.99 /FT(10195.90 ) LABOR: twenty—four dollars and seventy—nin _ rents $ 24-79 /FT( 8453.1 90 ) TOTAL BID ITEM #1: twenty—seven dollars and seventy —el €t $ 2aT7� /FT(94729.80 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 1,870 FT 8-inch nominal diameter steel well casing, installed MATERIALS: fourteen dollars and eighty—nine cents $14.89 /FT(27844.30 ) LABOR: three dollars and seventy-four cents $'3-74 /FT(6993-Rn ) TOTAL eighteen dollars and sixty-three cents 18.63 34838.10 BID ITEM #2: g y— $ /FT( ) (Unit Price Amounts shall be shown in both words and numerals. In case ofdiscrepancy, the amount shown in words shall govern.) IL&- Bidder's Initials IT13405-092-13MA0 ITB #05-092-BM, Addendum # 5 Approx Item Quantity No. & Unit Description of Item Total Amount 1,540 FT 8-inch nominal diameter steel well screen, installed MATERIALS: twenty—nine dollars and eighty—four cents$29.84 /FT(45953.60 ) LABOR: one dollar and thirty—seven rents $1 _ 3Z /FT(2109 80 ) TOTAL BID ITEM #3: thirty—one dollars and twenty—one cents $31.21 /FT(48063.40 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 4 88 CY Well gravel pack, installed one hundred eighty—two dollars MATERIALS: and fifty—three cents $182.53 /CY(16062.64 ) three hundred eighteen dollars and LABOR: eighty—four cents $418-84 /CY08057 92 ) TOTAL five hundred one dollars BIDITEM #4: and thirty—seven cents $501.37 /Cy(44120.56 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 12 CY Concrete well seal, installed MATERIALS:eighty—two dollars and forty cents $82.40 /CY(988.80 ) five hundred five dollars LABOR: and ten cents $ 505 In /CY(606 - 20 ) TOTAL five hundred eighty—seven dollars BID ITEM #5: and fifty cents $587.50 /CY(7050.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 22 EA Furnish and install pitless adapter five hundred eighty—five dollars MATERIALS. and seventy—nine cents $585.79 /EA(12887.38 ) o —one LABOR: dollars and sixty—three cents $1161.63 /EA(25555.86 ) one ousan seven hundred forty—seven TOTAL dollars and forty—two cents 1747.42 38443.24 BID ITEM #6: $ /EA( ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) I&Bidder's Initial ITB#05-092-BMAd5 ITB #05-092-BM, Addendum # 5 Approx Item Quantity No. & Unit Description of Item Total Amount 7 22 EA Test pump for each well one hundred eighty-six MATERIALS: dollars and ten cents $ 186.10 /EA(4094.20 ) two thousand six hundred eight LABOR: dollars and forty cents $ 2608.40/EA(57384.80 ) TOTAL two thousand seven hundred ninety-four ' BID ITEM #7: dollars and fifty cents $ 2794.50/EA( 61479.00 ) _..; (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 22 EA Demobilization, cleanup, turf repair, site safety & superintendence and other miscellaneous items to complete work MATERIALS: eight hundred seventy dollars $ 870.00 /EA(19140.00 ) one thousand one hundred six LABOR: dollars 1 1$ 1106.00/EA(24332.00 ) TOTAL one thousand nine hundred BID ITEM #8: seventy-six dollars $ 1976.00/EA( 43472.00 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL BID ITEMS I - 8: one hundred thirty-seven thousand one hundred MATERIALS: sixty-six dollars and eighty-two cents _$ (137166.82 ) two hundred thirty-five thousand twenty-nine LABOR: dollars and twenty-eight cents $ (235029.28 ) TOTAL three hundred seventy-two thousand one hundred BID ITEMS I -8: ninety-six dollars and ten cents $ ( 372196. 10 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100 (ONE HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. I-, Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with F instruction number 28 of the General Instructions to Bidders. .� Bidder's Initials ITB#05-092-BMAd5 1T13 #05-092-13M, Addendum # 5 Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or -1 certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 57 Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. "I _ Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date 7 / 2 6 / 05 Addenda No. --T— Date 7 29 05 Addenda No. 3 Date 8 3 05 Addenda No. 4 Date 8/3/05 Addenda No. 5 Date 8/10/05 Date: August 15, 2005 uthori Signa ure Gary D. Grant (Printed or Typed Name) Hi Plains Drilling, Inc. Company P. 0. Box 730 Address Abernathy Lubbock City, County Texas 79311 State Zip Code Telephone: 906 - 228-9571 Fax: R06 - 248=2=555 M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) ITB#05-092-BMAd5 LIST OF SUBCONTRACTORS Minority Owned •- Yes No 1. none ❑ ❑ 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ r va THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB —CONTRACTOR PURSUANT TO — SECTION 28G OF THE GENERAL CONDITIONS. L, 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 ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. -s Contra or (Si re) Gary D. Grant Contractor (Print) CONTRACTOR'S FIRM NAME: Hi Plains Drilling, Inc. (Print or Type ) CONTRACTOR'S FIRM ADDRESS: r P. 0. Box 730 Abernathy, TX 79311 Name of Agent/Broker: Rrenhn1 tz Tnglinnno E Address of Agent/Broker: 5219 City Bank Parkway, Suite 200 City/State/Zip: Lubbock, TX 79407 Agent/Broker Telephone Number: ( Rnh ) 771_436st Date: 8/5/05 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 & Contract Manager for the City of Lubbock at (806) 775-2165. BID #05-092-BM - IRRIGATION WELLS FOR VARIOUS PARKS 6 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: =QUESTION ONE -Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? - YES NOA_ ,[f the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid _submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty ssessed. I QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE m� Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO� If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. J, a THE STATE OF TEXAS 3 COUNTY OF LUBBOCK ACKNOWLEDGEMENT I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. -111 zol"ew," gna President Title 8 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or 'making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are ,suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. - I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. " ` COMPANY NAME: Signature of Company Official: G Date Signed: 8/5/05 Printed name of company official signing above: Gary D. Grant UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 (A Stock Company) BID BOND KNOW ALL BY THESE PRESENTS, that HI PLAINS DRILLING, INC. as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF LUBBOCK as Obligee, hereinafter called Oblige in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ---------------------------------------------------------------- Dollars ($--------------------5%---------------------- ) 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 ITB #05-092-13M IRRIGATION WELLS FOR VARIOUS PARKS Now, Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, 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. Signed and sealed this 16TH day of AUGUST A.D. , 2005 . In the presence oF. (Witness) &' rZ fitness) CONT 00010798 HIP AINS DRILLING INC. (Seat) (Pripd1 ems' itle) UNITED FIRE & CASUALTY COMPANY (Seal) By1%-'�.� (Attorney -in -Fact) UNITED FIRE & CASUALTY COMPANY its true and IawfUk Attorneys) In Fact with power and authority hereby conferred to sign, seal and execute m its: behalf all lawful bonds; undertakings and other obligatory instruments of similar nature as fallows: Any. and All Bonds and to band UNITED FIFE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby 7 givemare hereby ratified and confirmed. The Authority hereby granted is contihU..ous and shall remain in full force and effect until revolted by UNITED FIRE & CASUALTY COMPANY Thls power of Attorney is made and executed pursuant to and by authority 0f the following Ey=Law duiy adopted by Board of Directors of the Company on April 18, 19T3 "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies Q insurances gonds,:uridertakings and other obligatory instruments of like nature. The signature of any; officer authorized_hereby, and the Corporate:::8eal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of ..either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature: of suokt officerand the original seal of the Company, to be valid and binding upon the Company with the same force and effect as ~' though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective: certificates of authority; shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all ewer and authority previouslygiven to any attorne in fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these resents to be signed by its vice president and its corporate seal to be hereto affixed this 26th day of: July, 2004- r . � COUOtAT UNITED FIRE & CASUALTY COMPANY, By i Vine President State of;l"w , County of Linn, ss: 00 260: day of' J:uly", 2004, before me personally came Randy A. Ramlo -to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State'of Iowa; that he Is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation;.that the seal affixed,to the said instrument is such corporate seal; that it was so affixed pursuant to: authority given by the Board. of Directors. of said corporation and that he signed h" me thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. F� PATTI WAtiDELL tart' U 1 coririisdioN rwMSER 713274 My. commission expires: 10/26/2007 • MY COMIMISSION EXPIRES OW I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY; do hereby certifythat I have.compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set. forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the: some are correct transcripts thereof, and of the whole of the said originals, and that the saidP..o`Ner.of Attorney has not been.. revoked and is now in full force and effect. Isn't"% In testimonyy whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 16th day of August . 20 05 '` t01t0AAiE w�'►�, µw,pr Secretary' 01 BOND0019 0802 L. PAYMENT BOND STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) BOND NO. 5 4 —14 6 6 42 HI PLAINS DRILLING, INC. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and UNITED FIRE & CASUALTY COMPANY (hereinafter called the Surety �Su��l f6 h � t��u�Git61gfiL'f reinafter called the Obligee), in the amount of NINETY SIX AND 10/100------- o ars ($ awful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the2 5 TH day of AUGUST , 20 05 , to BID #05-092—BM IRRIGATION WELLS FOR VARIOUS PARKS and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 29TH day of AUGUST 20 05. UNITED FIRE & CASUALTY COMPANY HI PLAINS DRILLING, INC. Surety (Company Name) *By: _ (Title) DEEDEE BRINKER ATTORNEY -IN -FACT By:GARY D McKENZIE (Printed Name) (Si ) VICE PRESIDENT (Title) 1 r- The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates DEEDEE BRINKER 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. UNITED FIRE & CASUALTY COMPANY Surety (Title) DEEDEE BRINKER ATTORNEY —IN —FACT Approved as to form: City of Lubbock By: City Attorne * 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. z United Fire Group Fidelity & Surety Department POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You should know that, effective November 26, 2002, any losses sustained by the surety caused by certified acts of terrorism would be partially. reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. HOME OFFICE: I I8second Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425 No Text PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) BOND NO. 5 4 —14 6 6 4-2 KNOW ALL MEN BY THESE PRESENTS, that HI PLAINS(hDRnakINalled the 1rincipal(s), as Principal(s), and UNITED FIRE & CASUALTY COMPANY (hereinafter called the Surety(, ur � heAc it Tn W ty of Lubbock hereinafter called the Obligee), in the amount of NINETY STX ANfl 1 Q/1 00---___ 17ars��&ful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the25THiay of AUGUST ,2005to BID #05-092—BM IRRIGATION WELLS FOR VARIOUS PARKS and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, 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 29T1 day of AUGUST , 20 05 . UNITED FIRE & CASUALTY COMPANY Surety *By: (Title) DEEDEE BRINKER ATTORNEY —IN —FACT HI PLAINS DRILLING% INC. (Company Name) By.GARY D. McKENZIE (Printed Name) VICE PRESIDENT (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates DEEDEE BRIN &�ent 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. UNITED FIRE & CASUALTY COMPANY Surety *By— - (Title) DEEDEE BRINKER ATTORNEY —IN —FACT Approved as to Form Y. City of Lubbock By. City Attorne * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 c u(I United Fire Group Fidelity & Surety Department POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You should know that, effective November 26, 2002, any losses sustained by the surety caused by certified acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. HOME OFFICE: I I8'Second Ave. SE, PO Box 73909, Cedar Rapids, [A 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425 United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers & Managers, Inc. American Indemnity Companies IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT - You may call United Fire Group's toll free telephone number for information or to make a complaint at: I J 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Bond Department s 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICETO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 No Text CERTIFICATE OF INSURANCE DATE ACORD CERTIFICATE OF LIABILITY INSURANCE 1 08/26/2005) PROD,VCER (06) 771-4368 FAX (806) 771-4382 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Windmark & Associates/Brenhol tz Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5219 City Bank Parkway Ste 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR y y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock, TX 79407 INSURERS AFFORDING COVERAGE NAIC # INSURED Hi Plains Drilling, Inc. INSURERA: United Fire P.O. Box 730 INSURERS: Texas Mutual Insurance Co. Abernathy, TX 79311 INSURER C: 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, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR fkDD'L NSRDATE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION (MMIDDfYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR 85-034183 06/61/2005 06/01/2006 EACH OCCURRENCE $ 1,000,001 DAMAGE TO RENTED $ 100,001 MED EXP (Any one person) _. $ 5 OOI 5 PERSONAL & ADV INJURY ..— $ 1,000,001 GENERAL AGGREGATE $ 2,000,001 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,001 A 1 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 12-019927 06/01/2005 06/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,001 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ 11 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ I A EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 85-034183 06/01/2005 06/01/2006 EACH OCCURRENCE $ AGGREGATE $ 2 , 000 , 00, $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below TSF0001118874 06/01/2005 06/01/2006 X I WCSTATU- OT (- ;L4BY.J.IM FR E.L. EACH ACCIDENT $ 500, 00, E.L. DISEASE - EA EMPLOYE $ 500 , 00, E.L. DISEASE - POLICY LIMIT $ 500 , 00, OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS [, e: ITB #05-092-BM - Contract #6165 ertificate holder: City of Lubbock, its officers, agents and employees are named additional insured In General Liability & Auto Liability policies as respects to ITB #05-092-BM, Endorsement #CG7087. aiver of Subrogation in favor of Certificate Holder on GL, Auto and WC policies. City of Lubbock c/o City of Lubbock Purchasing Department 1625 13th Street, Room L04 Lubbock, TX 79401 [ '\CORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PFURER, ITS AGENTS ORRYPRESENTATIVES. AUTHORIZED REPRESENT I ° _ a� ©ACORD CORPORATION 198 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 'ACORD 25 (2001/08) CG 70 87 09 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional .insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2 "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ..9 CG 70 87 09 04 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ji * 15 0 4 6 2 3 0 * I I��II� (IIII I�1I) IIIf� I1IIIIIII IIII' (�I1I IIII tl�l TO: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 CERTIFICATE OF INSURANCE 117VYOF TYPE OF PROJECT: - THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the 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. '1 a i TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIl\'IITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER SRISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATIONFLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of hisurer) ,..,, MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. _: 1 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends ' during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 0A "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT CONTRACT #6165 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 25th day of August, 2005 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 ffi PLAINS DRILLING INC of the CITY OF ABERNATRY COUNTY OF LUBBOCK 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: -J BID #05-092-BM - IRRIGATION WELLS FOR VARIOUS PARKS - $372,196.10 j and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own I 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. III PLAINS DRILLING, INC's bid dated August 15, 2005 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the 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 W1 Texas in the year and _T CITY OF LUB OCR T By: R AT ST: .2 City S retary the parties to these presents have executed this agreement in Lubbock, Lubbock County, above written. (OWNER): APPROVED ASS FORM. e I' - i City Attorney CONTRACTOR: ffi PLAINS DRILLING, INC. .. IN r t:. • J if r COMPLETE ADDRESS: Hi Plains, Drilling, Inc. PO Box 730 Abernathy, TX 79311 ATTEST: Corporate Secretary GENERAL CONDITIONS OF THE AGREEMENT 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 HI PLAINS DRILLING, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE ,7 w, 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 CHES CARTHEL CHIEF ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or Li 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 Certificates, 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. 1 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE t 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 j 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 t 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 `l 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. -1 18. CHARACTER OF WORKERS ' The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the ' Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. . 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the .' time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has _y 4 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. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the E ' specifications; plans and other contract documents, is to be done for the prices quoted by the Contractor and that 6 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 F ' 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, 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. [1 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor L, and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL } PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Heavy Equipment Products & Completed Operations Hazard Contractual Liability Fire Damage (Any one Fire) t Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. 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 (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section ❑406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (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 .y 10 (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 3 whom they are providing services. 91 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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; 11 (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 512/804- 4000(http.11www.twcc.state.tx.us/tfvcccontacts.html) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: 12 "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES ..' Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in t. 13 any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of .alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 "h 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. _y 14 {t{ 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 I- 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 $100 (ONE HUNDRED) PER DAB', 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 TIlAE 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 when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission s' 15 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 R 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. _W Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. L40 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. 16 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 t"a 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 i 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. i_ .' 17 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. _ax (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right -; under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's } Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR P In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall t„ 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. 18 After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, . t shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. a 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 l 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 r �..., 19 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 t' the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. 49 50 51. 52. 53 t 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. 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. 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. 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. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 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 20 effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the - City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts k... 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. 21 CURRENT WAGE DETERMINATIONS r RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer i Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter-Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer f Glazier 1 Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker r Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 I EXHIBIT B Paving and Highway Construction Prevailing Wage Rates r Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter Form Setter -Helper 8.00 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators X Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 2 C 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. r- EXHIBIT D Prevailing Wage Rates Legal Holiday Rate -F' The rate for legal holidays shall be as required by the Fair Labor Standards Act. t — i is J fifigg� g^: 3 SPECIFICATIONS DRILL PARK IRRIGATION WELLS TECHNICAL SPECIFICATIONS TABLE OF CONTENTS SECTION DIVISION 1 — GENERAL REQUIREMENTS 01010 Summary of Work 01300 Administrative Requirements 01500 Temporary Facilities and Controls 01770 Contract Closeout DIVISION 2 —SITE CONSTRUCTION 02525 Irrigation Wells ATTACHMENTS A. Site Locations B. Well Profile C. Test Hole Logs D. Screen Schedule PAGES 2 2 2 2 2 Park Ini.-ation — Phase I TOC- 1 June 2005 DRILL PARK IRRIGATION WELLS TECHNICAL SPECIFICATIONS TABLE OF CONTENTS SECTION DIVISION 1— GENERAL REQUIREMENTS 01010 Summary of Work 01300 Administrative Requirements 01500 Temporary Facilities and Controls 01770 Contract Closeout DIVISION 2 — SITE CONSTRUCTION 02525 Irrigation Wells ATTACHMENTS A. Site Locations B. Well Profile C. Test Hole Logs D. Screen Schedule PAGES 2 2 2 2 0 Park In•igation — Phase 1 TOC- 1 June 2005 SECTION 01010 SUMMARY OF WORD PART 1 GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS A. The work of this contract consists of drilling municipal irrigation wells at the following city parks: 1. Remington: 70t1i Place & Bangor Three wells 2. Phil Hoel: 9002 Chicago Three wells 3. Kastman: 3401 S. Loop 289 Three wells 4. George Mahon: 3208 Chicago One well 5. O.W. Ribble: 6003 Ave. U Two wells 6. Rodgers: 3202 Amherst Two wells 7. Preston Smith: 1504 Chicago One well S. Jack Stevens: 5203 75th Two wells 9. Duran: 26th & Kewanee Two wells 10. Leroy Elmore: 66th & Quaker Three wells B. The wells will be drilled at specific locations within each park as directed by the Owner's Representative. C. CONTRACTOR responsibilities include, but are not limited to, the following: 1. Drilling, geological logging, and completion of the well in accordance with these specifications for each well. 2. Compliance with rules and regulations of the High Plains Underground Water Conservation District No. 1 and the State of Texas Well Drillers Board each well. 3. Preparation and clean up of site according to plans and specifications. 4. Contacting the State One Call Utility Location provider to locate all utilities in the affected area at least 48 hours prior to drilling. 5. Coordination with City of Lubbock personnel and other affected utilities. 6. Site security and safety. 7. Project superintendence. 8. Other items necessary to complete the work. D. Contractor will furnish all materials, equipment, supplies, and appurtenances; provide all construction equipment and tools; and perform all necessary labor and supervision. E. Contractor will be responsible for obtaining necessary permits for execution of the Work. The City of Lubbock will secure well permits from the High Plains Underground Water Conservation District No. 1. F. Contractor will be responsible for obtaining temporary utilities to facilitate operations. G. Contractor will coordinate the progress of the work including coordination between trades, subcontractor, suppliers, public utilities and Owner to ensure progress of Work. Park In•igation — Phase 1 01010 — 1 June 2005 I. It is the intent of this contract that work proceeds in the most expeditious manner possible. 1.2 CONTRACTS A. Construct the work under a unit price contract. B. Contract time for the work to be performed will be 90 calendar days from the date specified within the Notice to Proceed. The Liquidated damages will be $250.00 per day. C. Contract time may be adjusted by the Owner's Representative to accommodate delays due to natural causes or circumstances beyond the Contractor's control. 1.3 CONTRACTOR USE OF SITE A. Limit use of site to allow: 1. Owner access. 2. Contractor B. Coordinate use of site under direction of Owner's Representative. C. Execute Work in a coordinated manner to avoid conflicts with Owner's operations or other Contractors. D. Assume full responsibility for the protection and safekeeping of products furnished under this contract, stored on or off the site. 1.4 WORK SEQUENCE A. Construct work to accommodate Owner's occupancy requirements during the construction period. Coordinate construction schedule and operations with Owner's Representative. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Park Irrigation — Phase I 01010 — 2 June 2005 SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.1 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and work of the various sections of the Project to ensure efficient and orderly sequence of interdependent construction elements. B. Verify utility requirements and characteristics of operating equipment are compatible with site utilities. C. Coordinate completion and cleanup of Work of separate sections in preparation for Substantial Completion. D. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with contract documents, to minimize disruption of Owner's activities. E. The Public Works Department shall be notified 48 hours before the planned construction is to continence. F. Each bidder shall submit a Construction Schedule with their bid indicating the sequence of all construction activities to be performed. The scheduled completion date for this project shall be 30 calendar days from date specified within the Notice to Proceed. G. Upon award of the contract, the Construction Schedule will become part of the Contract Documents. H. The Contractor shall be issued a Notice to Proceed following approval of City Council execution of Contract Documents, and completion of pre -construction meeting. 1.2 PRE -CONSTRUCTION MEETING A. Owner's Representative will schedule a pre -construction meeting after award of contract. B. Attendance Required: Owner's Representative and Contractor. Park In-igation — Phase 1 01300-1 May 2005 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, water, and sanitary facilities. B. Temporary Controls: Barriers, protection of the work, and water control. 1.2 TEMPORARY ELECTRICITY A. Electricity not provided. Contractor must provide own electricity if required. B. Contractor shall provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. C. Contractor shall provide adequate distribution equipment, wiring, and outlets to provide single-phase branch circuits for power and lighting. 1.3 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES A. Provide and maintain sufficient lighting to meet the work needed. B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Maintain lighting and provide routine repairs. D. Permanent building lighting may not be utilized during construction. 1.4 WATER SERVICE A. The contractor shall provide his own water or obtain a temporary Fire Hydrant Meter by contacting Lubbock Power & Light at (806) 775-2509. A refundable deposit fee of $1500.00 is required for obtaining the Fire Hydrant Meter, available at the Water Utilities Shop. Owner will pay for water used. 1.5 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service at time of project mobilization. 1.6 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. City sanitary sewer is not available at site locations. Contractor to provide and maintain required facilities and enclosures for use by personnel. 1'.1'' Park In-igation — Phase 1 01500 - 1 May 2005 No Text SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.1 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and work of the various sections of the Project to ensure efficient and orderly sequence of interdependent construction elements. B. Verify utility requirements and characteristics of operating equipment are compatible with site utilities. C. Coordinate completion and cleanup of Work of separate sections in preparation for Substantial Completion. D. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with contract documents, to minimize disruption of Owner's activities. E. The Public Works Department shall be notified 48 hours before the planned construction is to commence. F. Each bidder shall submit a Construction Schedule with their bid indicating the sequence of all construction activities to be performed. The scheduled completion date for this project shall be 30 calendar days from date specified within the Notice to Proceed. G. Upon award of the contract, the Construction Schedule will become part of the Contract Documents. H. The Contractor shall be issued a Notice to Proceed following approval of City Council execution of Contract Documents, and completion of pre -construction meeting. 1.2 PRE -CONSTRUCTION MEETING A. Owner's Representative will schedule a pre -construction meeting after award of contract. B. Attendance Required: Owner's Representative and Contractor. Park In-igation — Phase I 01300-1 May 2005 C. Agenda: 1. Designation of personnel representing the parties in Contract. 2. Scheduling. 3. Notice to Proceed. 4. Emergency telephone contacts for Owner and Contractor. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract close-out procedures. 6. Submission of a. List of subcontractors b. List of products c. Progress Schedule. 1.3 SUBMITTAL PROCEDURES A. Drilling Procedures: 1. The Contractor will submit two (2) sets of the proposed drilling procedures for review and approval by the Owner's Representative. 1.4 CONTRACT CLOSEOUT A. The Contractor shall submit well logs and reports to the Owner's Representative. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Park hTi,gation — Phase I 01300-2 May 2005 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS J PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, water, and sanitary facilities. B. Temporary Controls: Barriers, protection of the work, and water control. s 1.2 TEMPORARY ELECTRICITY A. Electricity not provided. Contractor must provide own electricity if required. B. Contractor shall provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. - C. Contractor shall provide adequate distribution equipment, wiring, and outlets to provide single-phase branch circuits for power and lighting. 1.3 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES A. Provide and maintain sufficient lighting to meet the work needed. B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Maintain lighting and provide routine repairs. D. Permanent building lighting may not be utilized during construction. 1.4 WATER SERVICE A. The contractor shall provide his own water or obtain a temporary Fire Hydrant Meter by contacting Lubbock Power & Light at (806) 775-2509. A refundable deposit fee of $1500.00 is required for obtaining the Fire Hydrant Meter, available at the Water Utilities Shop. Owner will pay for water used. 1.5 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service at time of project mobilization. j 1.6 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. City sanitary sewer is not available at site locations. Contractor to provide and maintain required facilities and enclosures for use by personnel. Park Inigation — Phase 1 01500 - 1 May 2005 1.7 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas. 1.8 SECURITY A. Coordinate with Owner's security program. 1.9 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, and materials, prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Park ItTigation—Phase 1 01500 - 2 May 2005 1.7 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas. 1.8 SECURITY A. Coordinate with Owner's security program. 1.9 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, and materials, prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Park Irrigation — Phase 1 01500 - 2 May 2005 SECTION 01770 CONTRACT CLOSEOUT PART I GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. 1.2 RELATED SECTIONS A. Division I — General Requirements 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that work is complete in accordance with Contract Documents and ready for Owner's Representative review. B. Owner's Representative will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Owner's Representative consider that the work is incomplete or defective. 1. Owner's Representative will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Owner's Representative that the Work is complete. 3. Owner's Representative will re -inspect the work. C. Provide submittals to Owner's Representative that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final project assessment. . ; Park Inigation — Phase 1 01770 — 1 May 2005 B. Restore appearance, quality, and condition of finished surface to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. D. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Drillers Log 6. State Well Reports 7. Test Pumping Results B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract drawings. F. Submit documents to Owner's Representative with claim for final Application for Payment. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION I", Park In-ieation — Phase 1 01770 — 2 May 2005 SECTION 02525 IRRGATION WELLS PART 1 GENERAL 1.1 SUMMARY A. Summary. This section covers specifications for the drilling of irrigation wells; installation of casing, screen, gravel packing and other well components; completion and development of the irrigation well; site cleanup and other activities related to a complete well installation. B. Section Includes. This section includes the following major work items: 1. Drilling of nominal 14-inch diameter bore hole. 2. Installation of nominal 8-inch diameter well casing and screen. 3. Installation of gravel pack. 4. Completion of well surface. 5. Clean up, reporting, and site safety and security. C. Unit Prices. Work under this section shall be paid for at the unit prices submitted in the Contractor's bid. D. Measurement Procedures. Measurements to be used for payment will based on unit values listed in the bid fonn. 1. Well bore depth measured in feet from surface to bottom of drill hole. 2. Casing length measured in feet of actual casing installed. 3. Well screen length measure in feet of actual screen installed. 4. Gravel pack measured in cubic yards of actual gravel installed. 5. Concrete surface seal measured in cubic yards of actual concrete placed. E. Alternates. The Owner's Representative shall approve any alternate procedures or materials proposed by Contractor. 1.2 REFERENCES A. American Water Works Association (AWWA) Standard A100 for Water Wells. 1.3 DESIGN REQUIREMENTS - A. Performance Requirements. 1. Well Casing: Nominal inside diameter: 8 inches Minimum wall thickness: 1/4 inch 2. Well Screen: Nominal inside diameter: 8 inches Minimum open area per foot: 115 sq. inches Nominal slot opening width: 0.05 inches Minimum wall collapse strength: 115 psi """ Park Irrigation — Phase 1 02525-1 June 2005 3. Gravel pack nominal gradation: Retained on No. 7 sieve: 0% Retained on No. 8 sieve: 2% Retained on No. 10 sieve: 27% Retained on No. 12 sieve: 61 % Retained on No. 14 sieve: 92% Retained on No. 16 sieve: 99% 1.4 SUBMITTALS A. Product Data. Furnish three copies of manufacturer's data for all products supplied under this contract. B. Submit one original copy of manufacturer's product warranty. C. Submit two copies of laboratory test data certifying compliance with specified gravel gradation and performance requirements. D. Submit one copy of Texas State Driller's License with bid. E. Submit two copies of well pump test data. 1.7 QUALITY ASSURANCE A. Qualifications. Driller shall be licensed within the State of Texas in accordance with Title 12, Chapter 1901 of the Texas Administrative Code. 1.8 DELIVERY, STORAGE AND HANDLING A. Contractor is responsible for securing, handling, and proper storage of materials. B. Contractor will not install damage materials. Damaged materials will be replaced by Contractor at no cost to Owner. C. Contractor is responsible for proper disposal of all trash, construction debris, waste materials, drill cuttings, and other items requiring disposal that are associated with the project. 1.9 PROJECT SITE CONDITIONS A. Existing Conditions. Data from the test holes is provided in Attachment C. PART 2 PRODUCTS 2.1 GRAVEL A. The gravel for gravel packing shall be silicate particles of rock referred to as Brady 8- 16 or an approved equal. Crushed rock not acceptable, less than 5% soluble in HCl. B. Gravel will meet the gradation specified in 1.3 of this Section. Park Ini.-ation — Phase 1 02525-2 June 2005 I 2.2 CASING A. Provide production casing made from new 8 inch nominal inside diameter carbon steel pipe with a minimum wall thickness of 0.250 inches. Pipe will be electric fusion welded with straight or spiral seam welds. B. Casing joints will be welded and strapped with four one inch steel straps spaced evenly around the circumference of the casing. 2.3 SCREEN A. Screen will be made from carbon steel and have an outside diameter equal to the diameter of the casing. B. Provide the length of casing in accordance with the Well Screen Schedule in Attachment D. C. Manufacture screen from vee-shaped trapezoidal wire continuously wrapped around equally spaced vertical support rods also made from carbon steel. Each junction of the screen wire and support rod will be resistance welded. D. Provide screen with clear openings of 0.050 inch. E. Minimum open area per liner foot of pipe is 115 square inches. F. Provide welding rings on each end of the screen sections for welding the screen to other screen sections or production casing. 2.4 GRAVEL FEED PIPE A. Gravel feed pipe pipe will be made from threaded carbon steel. B. Feed pipe will be 3 inches nominal diameter with a Schedule 40 pressure rating. 2.5 PITLESS ADAPTOR A. General a. Furnish each well with a pitless adaptor unit constructed of steel with a minimum buiy depth of three (3) feet and extended above the surrounding surface by two (2) feet. b. Provide a pitless adaptor suitable for connection to the casing and for use with submersible pumps. Weld the adaptor unit to the casing. B. Housing a. Construct housing of carbon steel with a minimum equivalent thickness to Schedule 40 pressure rating and an inside diameter equal to that of the well casing. b. The inside of the housing's upper end will have rounded edges to prevent damage to power wires. c. Coat housing with an NSF/FDA approved epoxy coating. Provide charts to Owner's Representative for color selection. d. Provide a three (3) inch nominal diameter discharge outlet with male NPT threads. e. Provide a watertight well cap for each unit constructed fiom carbon steel. £ Cap will be capable of being secured to the housing using stainless steel bolts and nuts with a minimum diameter of 5/8 inch. Park Irrigation — Phase I 02525-3 June2005 g. Well cap will have a flat neoprene gasket to provide a watertight seal. h. Furnish cap with an air vent opening with a 16-mesh size stainless steel screen. i. Well cap will have an integral "weather head" type electrical junction box suitable for two (2) inch electrical conduit. C. Internal Adaptor a. Construct of brass with a lead content less than one percent. b. Adaptor ell will have female pipe threads on top and bottom suitable for connecting to the drop pipe and removal from the surface. Removal of adaptor ell will leave an unobstructed full pipe opening for easy access to the well casing. c. Adaptor ell outlet will have a machined surface with a Buna-N O ring seal that will seat against a receiver unit. d. Receiver unit will be ).Wade from the same material as the ell. It will be mechanically retained on the housing with brass washer and nut. e. The outlet will be nominal 3-inch diameter with pipe threads. 2.6 CONCRETE A. Concrete used for the well construction shall meet or exceed the requirements of Section 4.3.5 of AWWA A100. B. Use a tremie or other approved method to place concrete in the annular well space PART 3 EXECUTION 3.1 GENERAL A. The price bid on each and every item shall include the furnishing of all equipment, materials, power, labor, tools, fuel and transportation necessary or incidental to completing and fulfilling the terms of this contract. B. Contractor is responsible for calling the State of Texas One Call System a minimum of 48 hours prior to beginning any excavation procedures. C. Contractor is responsible for safety at the site. Use adequate barriers to prevent access by the public to the work site and slush pit. upin-IT"VIK910wrall A. Slush Pits a. The slush pits shall be dug by the contractor and shall have the following minimum dimensions: Length - 45 ft. Width - 8 ft. Depth - 6 ft. b. Contractor will obtain approval for the location and dimensions of the slush pit . location from Owner's Representative prior to excavation. c. Slush pits shall be filled and leveled by the CONTRACTOR during final cleanup. B. The well shall be drilled a minimum of fourteen (14) inches in diameter, from the surface to 10 feet below the top of the Pre-pliocene" "redbed" strata. An accurate log of Park Irrigation — Phase 1 02525-4 June 2005 the changes in the formation shall be kept by the driller and presented to the Owner's Representative after the well is drilled. C. Drilling Methods. Acceptable drilling methods include reverse circulation rotary and direct rotary methods. a. Reverse Rotary Circulation. When using this method no bentonite drilling fluid additives will be allowed. b. Direct Rotary Drilling. i. Drilling fluid additives used with this method shall be maintained within the limits set forth in Section 4.7.3 of AWWA A100. ii. Testing in accordance with Section 4.73 of AWWA A100 is required to ensure compliance with these requirements. D. Well plumbness and alignment shall not exceed the limits set forth in Section 4.7.9 of AWWA A100. 3.3 INSTALLING CASING AND PITLESS ADAPTOR A. Before the production casing is installed, the hole shall be clear of sand and cuttings at least to the depth of the top of the redbed or to the depth to which the production casing shall be set as determined by the Owner's Representative. B. Approximately fifteen (15) feet of blank casing shall be installed below the bottom screen. C. Provide casing center guides at the bottom and at approximately 60 feet below the surface. D. Install Pitless Adaptor unit in accordance with the Manufacturer's written instructions. 3.4 INSTALLING GRAVEL PACK A. Place gravel in the well annular space using a tremie, gravel feed pipe or other similar method as approved by the Owner's Representative. B. Install gravel feed pipe to a depth of approximately three (3) feet below the bottom of the concrete annular seal with a minimum extension of two (2) feet above the surface. 3.5 DEVELOPMENT A. Development shall be accomplished by the use of a high-speed bailer with a minimum diameter of 10-3/4 inches. The bailer unit shall be equipped with a power unit capable of bailing with a bailer not less than 35 feet in length at a rate of 900 feet per minute. B. The well shall be bailed to a point even with the red bed strata and clear of mud and cuttings, the gravel elevation shall be maintained with in 10 feet of the ground surface. This process shall continue until the gravel has ceased slipping and return fluid is free of sand and other fines. 3.6 TEST PUMPING A. Over pumping shall be the final development procedure. A vertical turbine pump capable of over pumping (producing more water than the well can yield) shall be set 3 to 5 feet off of the bottom of the well. Park In-igation — Phase 1 02525-5 .tune 2005 B. Water discharged from the test pump shall be directed first to the slush pit to allow sedimentation of large particles. Precautions should be taken by the CONTRACTOR to prevent excessive amounts of solids to leave the slush pit and to minimize erosion beyond the slush pit discharge. C. The well shall be pumped at high rates and backwashed until the gravel ceases to move and the discharge is clear. D. When the gravel is stable and the discharge is clear the pump shall be set at a rate that will cause the pump to break suction. At this point the pumping rate shall be decreased at certain intervals until the pumping level shows to be stable for a period of three hours. Records of the entire test pumping procedure including all measurements shall be submitted to the Owner's Representative following the completion of the well. E. The top of the gravel pack shall be maintained 10 feet from the ground surface during all development and testing work. 3.7 CLEAN UP A. During all phases of construction the work sites shall remain free of construction debris, boxes, paper, plastics, bottles and cans. The CONTRACTOR shall provide a trash receptacle at each work site and no debris shall be placed in the slush pits. B. Any holes not used for the production well will be filled in with a bentonite slurry mixture using the procedures outlined in Section 4.10 of AWWA A100. C. Contractor is required to fill in excavations and slush pit after it has dried sufficiently and level and compact the fill material to as near pre-existing conditions as possible. D. Contractor will be required to repair all turf areas damaged using sod of identical plant material as the surrounding turf. END OF SECTION Park hrigation — Phase 1 ........... 02525-6 June 2005 No Text [i C' ATTACHMENT A WELL SITE LOCATIONS w ITV a 1.1 • 7-7 �� ^'�_'' f^"""'^.:. --�.h i"`"•'w 6 f""*'r�� �,� !'�� 771, IT T 7Lt3 44 1 i ut ( t 1 3 ! N 1 ltog., �- 14 OD OD FRANKFf , ^ �1Yi�x�� }"�:,I{�l71' + - r-��111 +�_r {!4.1,' .1 I �X." fi y 1 �' �'±` ; f•'� co 't6 i SLIDE R } l___��1.. _.F . _.�� 4-r �f ari— ! j — I ! i µ �ly.��� ` .-I i ' — = .01 C.4 �,T. 1 ,-� f i [• �. i S 1 j ` ����"`j,�1E�.A /: �� A.1_t.{. !- a �. IL �,r 1� •r Z rr �, 4 •;"ti. /� j .1.�._.i..�"�j 41 , ` � QUAKER ,� � 1 �• �� �, � u ,�.._-y _.,,3 \ Y r'c NR— X�-;.: I� F f ! 'l• 1 ' f > ._..l• ! `�.• , I INDIANA._ _:��=..l /r 1 �_.. l�41 _ 4�jai ��i�.-- i! U`t f I.,I t: a t. . . . I . . . . I i tZ� �, 1„—,r.-.i•-{--•�'� �i-I! _� pr� �_� ...r...�.1_t^�-�� ,1.1�"...� �. !^��. ,-}' —;^. , i�. S UNIVERS{� .�. mot_._ l��._. �I ������AAAAA]]]]] � E ? �j�� 1.�..i.�..C..L ��C�.f ,�I, �r;^ �I i! ! ' i { 7t 'i �-i' _�"4� •T M j^ • 1 - , .'T, � _...._4� � �- -�P T I t'_•y 1,�.,,.,� +1 iIT1. ,t.4.:.. � �7f1}'�4� �E •� :� �� � �.."jj .'f � as � �"� "T..�I� i ! �, _'� - � �� �_'r{2.rvS'� � �,� � 7 1 ! � � � 4 �i f . t !� , V � ._..rF""_!-'[ . � , i "'i'-""F'C � t' '� r � p"`.`_fi-^�'1 .•____., }...,. �� ( ATTACHMENT B WELL PROFILE ATTACHMENT C TEST HOLE LOGS http://134.125.70.235 - Well Report: Tracking 9:56502 Page 1 of 2 STATE OF TEXAS WELL REPORT for Tracking #56502 Owner: CITY OF LUBBOCK Owner Well #: ROGERS PARK Address: P. O. BOX 2000 Grid #: 23-25-3 LUBBOCK, TX 79457 Well Location: No Data Latitude: 330 35' 58" N Well County: Lubbock Longitude: 101° 53' 08" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 414/2005 Completed: 4/4/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 200 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 200 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 39 ft. below land surface on 4/4/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-200 FEET 25 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. ...... I ....._.._11. 1_e__ —r nn_.nnr I , .n 1• _ _ .i_.__11.,'•"-_rt.,.._.:_,,.y ...,...._._ _..... _.... _._ A/) 1)/1)OO1 http://134.125.70.235 - Well Report: Tracking #:56502 f, Page 2 of 2 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY, TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56502) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL CASING, BLANK PIPE & WELL SCREEN DATA From (ft) To (ft) Description 0 - 4 TOP SOIL 4 -18 CALICHE 18 - 39 SANDSTONE, SANDY CLAY 39 - 51 BROWN CLAY 51 - 80 SANDSTONE, CLAY 80 -100 LOOSE FINE SAND 100 -157 COARSE SAND, GRAVEL 157 -190 LIMEROCK 190 - 200 BLUE Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED http://134.125.70.235 - Well Report: Tracking #:56488 Page 1 of 2 STATE OF TEXAS WELL REPORT for Tracking #56488 Owner: CITY OF LUBBOCK Owner Well #: R. LOPEZ PARK Address: P. O. BOX 2000 Grid #: 23-25-2 LUBBOCK, TX 79457 Well Location: No Data Latitude: 330 36' 04" N Well County: Lubbock Longitude: 1010 55' 51" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 4/4/2005 Completed: 4/4/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 200 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 200 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 71 ft. below land surface on 4/4/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-200 FEET 25 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. http://134.125.70.235 - Well Report: Tracking #:56488 Page 2 of 2 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the reports Tracking number (Tracking #56488) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0 - 3 TOP SOIL 3 - 15 CALICHE 15 - 80 SANDSTONE, CLAY 80 -113 LOOSE FINE SAND 113 -122 BROWN CLAY 122 -135 GREEN CLAY 135 -168 SAND, GRAVEL 168 -190 LIMEROCK 190 - 200 BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting Fromffo PLUGGED AND ABANDONED http://134.125.70.235 - Well Report: Tracking #:56499 STATE OF TEXAS WELL REPORT for Tracking #56499 Page 1 of 2 Owner: CITY OF LUBBOCK Owner Well #: P. SMITH PARK Address: P. O. BOX 2000 Grid #: 23-25-5 LUBBOCK, TX 79457 Well Location: No Data Latitude: 33° 34' 59" N Well County: Lubbock Longitude: 101° 55' 58" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 4/4/2005 Completed: 4/4/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 200 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 200 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 73 ft: below land surface on 4/4/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-200 FEET 25 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. 1-4+.-.lU1A_.1.'1c^7n.'17c.[7.«tt.,...,.._...—,1 .... ,..,--f. 7]... b..,..:....ti--- _. ... ... A112./'Innc.. http://134.125.70.235 - We11 Report: Tracking #:56499 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data Page 2 of 2 IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56499) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0 - 3 TOP SOIL 3 - 21 CALICHE AND CLAY 21 - 62 SANDSTONE, SAND 62 - 113 SAND, GRAVEL 113 -121 GREEN CLAY 121 -172 SAND, GRAVEL 172 -190 LIMEROCK 190 - 200 BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED 7 +t-,1/1')A 1`1C '7n li1C/,7-*n---- ----- http://134.125.70.235 - Well Report: Tracking #:56501 STATE OF TEXAS WELL REPORT for Tracking #56501 Page 1 of 2 Owner: CITY OF LUBBOCK Owner Well #: MAHON PARK Address: P. O. BOX 2000 Grid #: 23-25-5 LUBBOCK , TX 79457 Well Location: No Data Latitude: 330 33' 58" N Well County: Lubbock Longitude: 1010 56' 03" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 4/4/2005 Completed: 4/4/2005 Diameter of Hole: Diameter: 4 314 in From Surface To 160 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 160 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 51 ft. below land surface on 4/4/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-160 FEET 20 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. c.t1.1_..n.J-13.nn_C .......... . ........... ... .. . .................................................................. http://134.125.70.235 - Well Report: Tracking #:56501 Page 2 of 2 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration "! Number: Comments: No Data IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the i{ well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents t of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56501) on your written request. Texas Department of Licensing & Regulation 3 P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0 - 3 TOP SOIL 3 - 21 CALICHE AND CLAY 21 - 73 SANDSTONE, SAND 73 - 94 SANDY CLAY, SAND, SANDSTONE 94 -140 SAND, GRAVEL 140 -145 GREEN CLAY 145 - 160 BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED , r http://134.125.70.235 - Well Report: Tracking #:56497 STATE OF TEXAS WELL REPORT for Tracking #56497 Owner: CITY OF LUBBOCK Owner Well #: DURAN PARK Address: P. O. BOX 2000 Grid #: 23-25-5 LUBBOCK, TX 79457 Well Location: No Data Latitude: 330 34' 07" N Well County: Lubbock Longitude: 101 ° 57' 09" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 4/5/2005 Completed: 4/5/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 200 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 200 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 86 ft. below land surface on 4/5/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-200 FEET 25 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Page 1 of 2 Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. http://134.125.70.235 - Well Report: Tracking #:56497 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data .. .............._ Page 2 of 2 IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56497) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0 - 3 TOP SOIL 3 - 22 CALICHE AND CLAY 22 - 81 SANDSTONE, SAND 81 - 92 SANDSTONE, SAND, GRAVEL 92 - 119 SAND, LARGE GRAVEL 119 -125 SANDY CLAY, SAND 125 - 141 GREEN CLAY 141 -172 COARSE SAND, GRAVEL 172 -178 GREEN STICKY CLAY 178 -190 LIMEROCK 190 - 200 BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED 1.+a.....//9' A In �n n1 �i1 'n 1• . http://134.125.70.235 - Well Report: Tracking 4:56493 STATE OF TEXAS WELL REPORT for Tracking #56493 Owner: CITY OF LUBBOCK Address: P. O. BOX 2000 LUBBOCK, TX 79457 Well Location: No Data Well County: Lubbock Elevation: No Data Type of Work: New Well Page 1 of 2 Owner Well #: REMINGTON PARK Grid #: 23-25-8 Latitude: 330 31' 41" N Longitude: 101 ° 55' 41" W GPS Brand Used: MAGELLAN Proposed Use: Test Well Drilling Date: Started: 4/5/2005 Completed: 4/5/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 145 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 145 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 29 ft. below land surface on 4/5/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-145 FEET 18 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. __.I . n 11. 11 /'l nnc. _.. http://134.125.70.235 - Well Report: Tracking #-:56493 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data Page 2 of 2 1. IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56493) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0 - 6 TOP SOIL 6 - 21 CALICHE AND CLAY 21 - 82 SANDSTONE, SAND 82 - 101 SANDY CLAY, SAND, SANDSTONE 101 -133 SAND, GRAVEL 133 -145 BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED 1-L-.//1-1A In-- -rn nI1G/7..'11_._. /' 11 . 111n I --^I ....... ___.__._.. _..... ..... .. ... . .. ........... ... _.. ... ...... _... .... .. �. .. .. _. .................. .... _. _... ...... ........... ......... .. _._.. .. .. ... .. .. ............... ... .... .. -, http://134.125.70.235 - Well Report: Tracking #:56495 STATE OF TEXAS WELL REPORT for Tracking #56495 Page 1 of 2 Owner: CITY OF LUBBOCK Owner Well #: STEVENS PARK Address: P. O. BOX 2000 Grid #: 23-25-8 LUBBOCK, TX 79457 Well Location: No Data Latitude: 330 31' 32" N Well County: Lubbock Longitude: 1010 55' 31" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 4/5/2005 Completed: 4/5/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 140 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 140 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 27 ft. below land surface on 4/5/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-140 FEET 17 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. http://134.125.70.235 - Well Report: Tracking #:56495 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data Page 2 of 2 IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56495) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0 - 8 TOP SOIL 8 - 22 CALICHE AND CLAY 22 - 101 SANDSTONE, SAND 101 -106 SAND, GRAVEL 106 - 109 CLAY 109 -131 SAND, GRAVEL 131 -140 BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED http://134.125.70.235 - Well Report: Tracking #:56496 Pave 1 of 2 STATE OF TEXAS WELL REPORT for Tracking #56496 Owner: CITY OF LUBBOCK Address: P. O. BOX 2000 LUBBOCK, TX 79457 Well Location: No Data Well County: Lubbock Elevation: No Data Type of Work: New Well 1 Drilling Date: Started: 4/5/2005 y Completed: 4/5/2005 Owner Well #: Grid #: Latitude: Longitude: GPS Brand Used Proposed Use: P. HOEL PARK 23-25-8 33° 30' 36" N 101 ° 55' 52" W MAGE LLAN Test Well Diameter of Hole: Diameter: 4 3/4 in From Surface To 160 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 160 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data r Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 55 ft. below land surface on 4/512005 g Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-160 FEET 20 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data a Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. '1 u.-_,!/1^1._A._.1nC_.^'1_!l.'1^1[_/.1re-..11___,��.s/vr-.,2o._.Z1x.ce.n.a..�--_,.4_..._aa ---- ----------- -... .,......___ _. ._ /1 ��._7 �'�i (�ii �..... ......... t' http://134.125.70.235 - Well Report: Tracking #1:56496 Page 2 of 2 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56496) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL CASING, BLANK PIPE & WELL SCREEN DATA From (ft) To (ft) Description 0-8TOP SOIL 8 - 23 CALICHE AND CLAY 23 - 82 SANDSTONE, SAND 82 -123 SANDY CLAY, SAND, SANDSTONE 123 -125 RED CLAY 125 -150 SAND, GRAVEL 150 -160 BLUE Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED I--.- . l 11 -1 A I -I •^ I� I 1' I I /• ++ ' http://134.125.70.235 - Well Report: Tracking #:56489 r. STATE OF TEXAS WELL REPORT for Tracking #56489 Owner: CITY OF LUBBOCK Address: P. O. BOX 2000 LUBBOCK, TX 79457 Well Location: No Data Well County: Lubbock Elevation: No Data Type of Work: New Well Drilling Date: Started: 4/6/2005 Completed: 4/6/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 140 ft Drilling Method: Mud Rotary Owner Well #: GUY PARK Grid #: 23-25-9 Latitude: 33° 30' 51" N Longitude: 1010 53' 48" W GPS Brand Used: MAGELLAN Proposed Use: Test Well Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 140 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 8 ft. below land surface on 4/6/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From'(ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-140 FEET 17 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Page 1 of 2 Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. t ___tr+_n e _t n� 1.n. nn o r a. •u ...._ __..-_C_. ___.e____ta_.._.__„_..___�__< ....__ _... _.... __.. ___ A (t''T /r1f1l1S.. http://134.125.70.235 - Well Report: Tracking #:56489 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data Page2of2 IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56489) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL CASING, BLANK PIPE & WELL SCREEN DATA From (ft) To (ft) Description 0-6TOP SOIL 6 - 21 CALICHE AND CLAY 21 - 24 SANDSTONE, SAND 24 - 26 HARD SANDSTONE 26 - 90 SANDSTONE, SAND 90 -100 SAND, GRAVEL 100 - 121 LOOSE COARSE SAND, GRAVEL 121 - 140 BLUE Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED i/ 1' A 4' r- I I r f l 'I 1 /' http://l34.125.70.235 - Well Report: Tracking #:56491 ry _t STATE OF TEXAS WELL REPORT for Tracking #56491 Page 1 of 2 Owner: CITY OF LUBBOCK Owner Well #: KASTMAN PARK Address: P. O. BOX 2000 Grid #: 23-25-9 LUBBOCK , TX 79457 Well Location: No Data Latitude: 330 31' 52" N Well County: Lubbock Longitude: 101 ° 53' 35" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 4/6/2005 Completed: 4/6/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 120 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 120 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 14 ft. below land surface on 4/6/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-120 FEET 15 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. http://l34.125.70.235 -Well Report: Tracking #:56491 Company HI PLAINS DRILLING, INC. Information: P. 0. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data Page 2 of 2 IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56491) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0 - 8 TOP SOIL 8 -19 CALICHE AND CLAY 19 - 26 SANDSTONE, SAND 26 - 28 HARD SANDSTONE 28 - 42 SAND, SANDSTONE 42 - 53 LOOSE FINE SAND 53 - 55 HARD ROCK 55 - 78 SANDSTONE, SAND 78 -108 COARSE SAND, GRAVEL 108 -120 BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED i http://134.125.70.235 - Well Report: Tracking #:56490 Page 1 of 2 STATE OF TEXAS WELL REPORT for Tracking #56490 Owner: CITY OF LUBBOCK Owner Well #: DAVIS PARK Address: P. O. BOX 2000 Grid #: 23-25-6 LUBBOCK, TX 79457 Well Location: No Data Latitude: 330 33' 23" N Well County: Lubbock Longitude: 101' 54' 02" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 4/6/2005 Completed: 4/6/2005 Diameter of Hole: Diameter: 4 3/4 in From Surface To 120 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 120 ftwlth CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data - Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 33 ft. below land surface on 4/6/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. . Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-120 FEET 15 CU. FT. Type Of Pump: No Data Well Tests: No Data b Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. d ii i /nnoc_. __. http://134.125.70.235 -Well Report: Tracking #:56490 Page 2 of 2 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56490) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0-9TOP SOIL 9 - 20 CALICHE AND CLAY 20 - 46 SANDSTONE, SAND 46 - 49 HARD CAPROCK 49 - 53 SANDSTONE, ROCK 53 - 57 HARD ROCK 57 - 95 FINE SAND, SANDSTONE, SANDY CLAY 95 - 97 HARD SANDSTONE 97 - 120 GREEN CLAY AND BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED I " http://134.125.70.235 - Well Report: Tracking #:56492 Page 1 of 2 STATE OF TEXAS WELL REPORT for Tracking #56492 Owner: CITY OF LUBBOCK Owner Well #: RIBBLE PARK Address: P. O. BOX 2000 Grid #: 23-26-7 LUBBOCK, TX 79457 Well Location: No Data Latitude: 33" 32' 22" N Well County: Lubbock Longitude: 1010 51' 42" W Elevation: No Data GPS Brand Used: MAGELLAN Type of Work: New Well Proposed Use: Test Well Drilling Date: Started: 4/6/2005 Completed: 4/6/2005 Diameter of Hole: Diameter: 4 314 in From Surface To 140 ft Drilling Method: Mud Rotary Borehole Straight Wall Completion: Annular Seal Data: 1st Interval: From 2 ft to 140 ft with CEMENT (#sacks and material) 2nd Interval: No Data 3rd Interval: No Data Method Used: No Data Cemented By: HI PLAINS DRILLING, INC. Distance to Septic Field or other Concentrated Contamination: No Data Distance to Property Line: No Data Method of Verification: No Data Approved by Variance: No Data Surface No Data Completion: Water Level: Static level: 49 ft. below land surface on 4/6/2005 Artesian flow: No Data Packers: No Data Plugging Info: The well was plugged within 48 hours. Casing left in well: Cement/Bentonite left in well: From (ft) To (ft) From (ft) To (ft) Cem/Bent Sacks Used NO CASING LEFT IN WELL CEMENTED FROM 2-140 FEET 17 CU. FT. Type Of Pump: No Data Well Tests: No Data Water Quality: Type of Water: No Data Depth of Strata: No Data Chemical Analysis Made: No Data Did the driller knowingly penetrate any strata which contained undesirable constituents: No Certification Data: The driller certified that the driller drilled this well (or the well was drilled under the driller's direct supervision) and that each and all of the statements herein are true and correct. The driller understood that failure to complete the required items will result in the log(s) being returned for completion and resubmittal. 1 — I e 1 — --ip..ran - / 1 — 1. , 11 1 t....., I A /'I.n../nnn.r http://134.125.70.235 - Well Report: Tracking 9:56492 Page 2 of 2 Company HI PLAINS DRILLING, INC. Information: P. O. BOX 730 ABERNATHY , TX 79311 Driller License 54667 Number: Licensed Well LEEROY TREVINO Driller Signature: Registered Driller No Data Apprentice Signature: Apprentice No Data Registration Number: Comments: No Data IMPORTANT NOTICE FOR PERSONS HAVING WELLS DRILLED CONCERNING CONFIDENTIALITY TEX. OCC. CODE Title 12, Chapter 1901.251, authorizes the owner (owner or the person for whom the well was drilled) to keep information in Well Reports confidential. The Department shall hold the contents of the well log confidential and not a matter of public record if it receives, by certified mail, a written request to do so from the owner. Please include the report's Tracking number (Tracking #56492) on your written request. Texas Department of Licensing & Regulation P.O. Box 12157 Austin, TX 78711 (512) 463-7880 DESC. & COLOR OF FORMATION MATERIAL From (ft) To (ft) Description 0 - 8 TOP SOIL 8 -19 CALICHE AND CLAY 19 - 25 SANDSTONE, SAND 25 - 29 HARD SANDSTONE 29 - 43 SANDSTONE, SAND 43 - 54 WHITE SANDY CLAY, SANDSTONE 54 - 67 LOOSE SAND, SANDSTONE 67 - 78 TIGHT SANDSTONE, SAND 78 -83 SANDSTONE, SAND, GRAVEL 83 - 93 SAND, GRAVEL 93 -112 COARSE SAND, GRAVEL 112 -128 SANDY CLAY, SAND, GRVL STRKS 128 -130 LIMEROCK 130 -140 BLUE CASING, BLANK PIPE & WELL SCREEN DATA Dia. New/Used Type Setting From/To PLUGGED AND ABANDONED 1.4-.i/1'2/ 1-7nr1'?:/-.1-*11..._._--"'---�------�-'---��-------s.. ..•.< ATTACHMENT D SCREEN SCHEDULE Hi Plains Drilling, Inc. Telephones: (806) 298-2571 (800) 775-2571 Fax (806) 298-2555 P.O. Box 730 • Abernathy, Texas 79311 CITY OF LUBBOCK PARKS Park Proposed Interval Feet For Screen Screen Rogers 77' to 157' 80' Lopez 93' to 113' & 138' to 168' 50' Smith 92' to 172' 80' Mahon 90' to 140' 50' Duran 90' to 120' & 142' to 172' 60' Remington 53' to 133' 80' Stephens 61' to 131' 70' Hoel 60' to 80' & 120' to 150' 50' Guy 21' to 121' 100' Kastman 28' to 108' 80' Davis 75' to 95' 20' Ribble 68' to 128' 60' Estimated GPM 200 200 200+ 200 200 200 200 100 to 150 200+ 200+ 50 to 100 200 APR 2 7 20u,y