Loading...
HomeMy WebLinkAboutResolution - 3514 - Contract - Hi Plains Drilling Inc - Remedial Action Program - 12/13/1990 (4)Resolution # 3514 December 13, 1990 Item #32 BID #10939 HW : j s 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 by and between the City of Lubbock and Hi Plains Drilling, Inc. for Drill/Develop Wells for Remedial Action Program, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of neite uoya, LIty Sec APPROVED AS TO CONTENT: ene Ea s, Purc asi g anager APPROVED AS TO FORM: --yK Harold ar , Assistant City Attorney December . 1990. c . B. C. McMINN, MAYOR CITY OF LUBBOCK SPECIFICATIONS FOR DRILL/DEVELOP WELLS FOR REMEDIAL ACTION PROGRAM BID # 10939 CITY OF LUBBOCK Lubbock, Texa !42",5Aoc � MAILED TO VENDOR: November 12,.1990 CLOSE: November 27, 1990 @ 2:00 p.m. BID # 10939 - Drill Wells for Remedial Action Program. ADDENDUM # 1 PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS AS FOLLOWS: 1. Item # 3 on Exhibit A should read: Furnish and install 12 3/4" screen with openings 50/1000 of an inch approximately 65 feet per well, as herein specified for the unit price of: .... 2. Enclosed are one page of drawings for the well house design, and one page site location plan. THA K YOU, Ron -Shuffie d CITY OF LUBBOCK PURCHASING DEPARTMENT PLEASE RETURN ONE COPY WITH YOUR BID CITY OF LUBBOCK SPECIFICATIONS for TITLE: DRILL/DEVELOV WELLS FOR REMEDIAL ACTION PROGRAM ADDRESS: 19th Street to 50th Street on Sales Road BID NUMBER: 10939 PROJECT NUMBER: 2133-533103-9558 CONTRACT PREPARED BY: Purchasing Department (THIS PAGE LEFT BLANK INTENTIONALLY) E ' 33� 3 INDEX PAGE 1. NOTICE TO BIDDERS..........................................................................................3 2. GENERAL INSTRUCTIONS TO BIDDERS .............. .........................................................4 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS..................................................I...............10 4. PAYMENT BOND...................................................................................... ......13 5. PERFORMANCE BOND..........................................................................................16 6. CERTIFICATE OF INSURANCE..................................................................................19 7. CONTRACT....................................................................................... .........21 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23 9. CURRENT WAGE DETERMINATIONS...............................................................................41 10. SPECIFICATIONS.........................................................................................42 11. SPECIAL CONDITIONS................................•........................................................43 12. NOTICE OF ACCEPTANCE......................................................................................45 -2- (THIS PAGE LEFT BLANK INTENTIONALLY) NOTICE TO BIDDERS NOTICE TO BIDDERS 81D # 10939 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 27th day of November, 1990 or as changed by the issuance of formal addenda to all pianholders, to furnish all labor and materials and perform all work for the construction of the following described project: DRILUDEVELOP WELLS FOR REMEDIAL ACTION PROGRAM After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City Council will consider the bids on the 13th day of December, 1990, at Municipal Bldg., 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 and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. it shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work -is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bider is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann— Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There wilt be a pre -bid conference on 9th day of November 1990 at 10:00 o'clock a.m., Committee Room #E103, Municipal Building, 1625 13th Street. r e CITY OF LUBBOCK BY: Gene Eads, C.P.M. A� Purchasing Manager ADVERTISEMENT FOR BIDS 'BID # 10939 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1525 13th Street, Room L-04, Lubbock, Texas 79401 until 3:00 o'clock P.m. on _the_27th day of November, 1990, 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: DRILUDEVELOP WELLS FOR REMEDIAL ACTION PROGRAM After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem pages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. 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, or national origin in consideration for an award. There will be a prebid conference on 9th day of November, 1990. at 10:00 o'clock a.m., Committe Room 103, Municipal Building, 1525 13th Street. BY: Gene Eads, C.P.M. / PURCHASING MANAGER (THIS PAGE LEFT BLANK INTENTIONALLY) (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL INSTRUCTIONS TO BIDDERS -4- (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL INSTRUCTIONS TO BIDDERS 9. SCOPE OF IIOR[C The work to be done under the contract documents shall consist of the following: To reduce the level and improve the quality of groundwater at the city -owned Land Application site: 19th Street to 50th Street on Bales Road. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. 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. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that ail 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 of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The'construction covered by the contract documents shall be fully completed within 180 (ONE HUNDRED EIGHTY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 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 sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. b. 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. -5- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade wilt be furnished. The fact that the specifications may fail to be sufficiently complete in some detail wilt not relieve the Contractor of full responsibility for providing materials of high quality and for pro- tecting 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 provi- sion. 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. a. GUARANTEES All equipment and materials incorporated in the project and all construction shalt be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shalt 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). 4. 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 wilt only be furnished di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, toots, apparatus, accessories, facilities, and all means of construc- tion, and any and atl parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City re- serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and alt work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX 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. The Contractor must obtain a limited sales, excise and use tax permit which shalt enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. .6_ 12. 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 construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground tines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. ALL such under- ground 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. 13. BARRICADES AND SAFETY MEASURES The contractor shalt, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, and shalt 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 tights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and tights shalt not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractors from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shalt assume futL responsibility for all damage which may occur as a direct or indirect result of the blast- ing. ..In addition, in all cases where explosives are authorized to be used, the Contractor shalt use utmost care so as not to endanger life or property and the Contractor shalt further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shalt 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 Mork 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, shalt not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shalt be required to have a responsible local representative available at all times white the work is in progress under this contract. The successful bidder shalt 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. 16. 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 -7- 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 subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, 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. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (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. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 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. 18. 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 deduc- tions (except as shown) have been made, or wilt 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. -8- 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. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. ALL blank spaces in the form shalt be correctly fitted in and the bidder shalt state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shalt be written in ink, dis- tinctly 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. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent.' If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. if the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duty authorized agent. Powers of attorney authorizing agents or others to sign proposals must be property certified and must be in writing and submitted with the proposal. The proposal shalt be executed in ink. Each proposal shall be enclosed in a seated envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the gnvelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- towing: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidderos Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (9) Special Conditions (if any). (h) Specifications. 0 ) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. -9- (THIS PAGE LEFT BLANK INTENTIONALLY) BID PROPOSAL -10- (THIS PAGE LEFT BLANK INTENTIONALLY) BID PROPOSAL BID FOR UNIT PRICE PLACE: C i r y of I U h_h_n r. k DATE: 11 /77/4f1 PROJECT NO: 7 1 3 3— 5 3 31,jj3„_ g5 5 8 Proposal of Hi Plains Drillin Inc. (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 for bids for the construction of, drilling / action 12rogram having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all tabor, 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 prices stated in Exhibit "A". The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 180 ONE HUNDRED EIGHTY consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby pay q 9 Fifty dollars) for each further agrees to the owner as liquidated damages the sum of E250.00 (Two Hundred',__,.._ consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with Instruction No. 20 of the General Instructions to Bidder. 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. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sure of 5 o G.A.B. Dollars (S ) which it is agreed shall be collected and retained by the owner as liquidated damages in the event the proposal fs accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand. 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.' Hi Plains'Drilling. Inc. Contractor (Seal if Bidder is a Corporation) ATTEST: Secretary EXHIBIT A, PAGE 1 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount ------------------------------------------------------------------------ 2. 0 1. 265 V.F. Drill 2 production wells 20 inches in diameter, approximately 130 feet in depth, as herein specified for the unit price of; twenty-seven DOLLARS fifty CENTS ($27.50 )PER FOOT $ 7,287.50 135 V.F. Furnish and install 12 3/4-inch low carbon steel casing approximately 65 feet per well, as herein specified for the unit price of; twelvetwp.lve DOLLARS fifty CENTS ($12.50__ )PER FOOT $ 1,687.50 130 V.F. Furnish and install 16-inch screen with openings 50/10OO of an inch approximately 65 feet per well, as herein specified for the unit price of; -forty-one_ DOLLARS thirty-five CENTS ($4I.35 )PER FOOT $ 5,375.50 EXHIBIT A, PAGE 2 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount ------------------------------------------------------------------------ 4. 5. 6. 12 C.Y. Furnish and install gravel, approx- imately 6 cubic yards per well, as herein specified for the unit price of; two hundred sixty-seven DOLLARS zero CENTS ($_2,67,_00 )PER C.Y. $ 3,204.00•a 1.0 C.Y. Furnish and install concrete seal, approximately 0.5 cubic yards per well, as herein specified for the unit price of; eighty DOLLARS two hundred,iht ,..... .._._�.... zero CENTS ($280.©0 )PER C.Y. 24 V.F. Furnish and install three-inch gravel feed pipe, 12 feet per well; as herein specified for the unit price of; six DOLLARS zero CENTS ($s.ao )PER EACH $ 280.00 EXHIBIT A, PAGE 3 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount ------------------------------------------------------------------------ 7. 8 HRS. Development of 2 production wells with High velocity Jetting tool approximately 4 hrs. per well as herein specified for the unit price bid; one hundred twenty-five DOLLARS —zeroCENTS ($_1.25,00 )PER HOUR $ 1000._oo 8. 72 HRS. Development of 6 wells with Test Pump, including furnishing, installing and operating the Test Pump and submitting a complete set of records. Approximately 12 hours per well as herein specified for the unit price of; —sixty DOLLARS zero CENTS ($6a.00 )PER HOUR $ 4,320.00 9. 8 EA. Furnish and install concrete floors and pumps bases, approximately 0.75 cubic yards concrete, wire mesh, # 4 bar, 4" 45 deg bend and 4" D.I. flanged pipe approximately 4 feet long as shown on plans for the unit price bid; one thousand seven hundred ninety-five DOLLARS zero CENTS ($ 1,795.00 )PER EACH $ 14,360.00. EXHIBIT A, PAGE 4 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount ------------------------------------------------------------------------ 10. 8 EA. Furnish and deliver steel well houses, one for each well site as herein specified for the unit price of; seVC0 hundred seventy DOLLARS zero CENTS ($'770.00 PER EACH $6,160.00 11. 6 EA. Remove existing concrete structures, level sites, haul away trash and debris at existing well sites as herein specified for the unit price of; _ spsteil__hundred fifty DOLLARS zero CENTS ($750.00 )PER EACH $----4,500.00 TOTAL BID EXHIBIT "A" (Items 1 through 11) $ 4a,318.50 EXHIBIT B, PAGE 1 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount --------------------------------------------------------------------------- 1. 8380 V.F. Drill sixty four (64) wells 8 1/2" in diameter as herein specified for the unit price of; eight DOLLARS CENTS )PER FOOT 2. 3340 V.F. Furnish and install 4" sch. 40 PVC casing as herein specified for the unit price of; _three DOLLARS forty CENTS ($3,40 )PER FOOT 3. 5040 V.F. Furnish and install 4" sch. 40 PVC screen with openings 40/1000 of an inch as herein specified for the unit price of; five DOLLARS twenty-two CENTS ($5.22 )PER FOOT $ 70,056.80 $ 26 308.80 EXHIBIT B, PAGE 2 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount --------------------------------------------------------------------------- 4. 5. 21 64 C.Y. Furnish and install gravel, approx- imately 1 cubic yard per well, as herein specified for the unit price of; - -❑up_hundrwd sixty DOLLARS CENTS ($ )PER C.Y. 64 WELLS Furnish and install concrete seal, and surface pad approximately .20 cubic yards per well,, as herein specified for the unit price of; DOLLARS CENTS ($ )PER EACH 64 Furnish and install a section of 8 5/8-inch schedule 40 steel pipe about 4 feet long with locking cap to prevent intrusion into the well casing; sixty-five DOLLARS zero CENTS ($ 65.00 )PER EACH $ 10,240.00 $ 9,600.00 $ 4,160.00 i 7 7i EXHIBIT B, PAGE 3 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Total No. & Units Description of Item & Unit Price Amount ---------------------------------------------------------------------------- 7. 128 HRS. High volume air lift pup.approx- imately 2 hours per well as herein specified for the unit price of; one hunduA--ten DOLLARS CENTS )PER HOUR TOTAL BID EXHIBIT "B" (Items 1 through 7) $ 14,080.00 $ 145 801.60 EXHIBIT C BID PROPOSAL FURNISH AND DELIVER SUBMERSIBLE PUMPS AND MOTORS PUMPS 2 EACH MOTORS 2 EACH Capacity 40 gpm Total Dynamic (lead 80 feet Number of stages I_ Column Pipe 150 foot length of 1 1/4" polyethylene gas line, coupled as specified on one end Horsepower 1 1/2 Phase single Volts 230 WIRE SIZE 12-3' WIRE LENGTH 150 feet FURNISH AND DELIVER AS HEREIN SPECIFIED FOR THE UNIT PRICE BID OF; TOTAL AMOUNT PUMPS 2 EACH four huadred, dinety+fiive- DOLLARS zero CENTS (per each) $99©.0© MOTORS three hundred 2 EACH seventy- fiye DOLLARS CENTS (per each) $ 751.00 TOTAL BID EXHIBIT "C" 1,741.00 BID SUMMARY TOTAL BID EXHIBIT "A" TOTAL BID EXHIBIT "B" TOTAL BID EXHIBIT "C" TOTAL CONTRACT BID $ 48,318.50 $ 145.801.60 $ 1,741.00 $ 195,861.10 (THIS PAGE LEFT BLANK INTENTIONALLY) i-8.0 13 ISONNNIS COO 10 7%% .&ml 6000 N. LAMAR• SUITE 200 • AUSTIN, TEXAS 78752-4447 BID BOND Know a I I men by these presents: Tha Hi Plains Drilling, Inc. (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Dep Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to The City of Lubbock, Texas (hereinafter called the Obligee) in the full and just sum of ($ 5 % of G.A. B. Five Percent of G.A.B. Dollars good and lawful moneyof the United States of America, to the payments ,__..um of nts of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this . day of November 19 90 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for drilling 2 water supply wells and 64 water sampling wells according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: -Hi P T,* n s Drilling, T n c. k Attest: j M CHA TS BONDING PAN (Mutual) '"f c No Text MERCHANT,; BONDING CORMQY(Mutual) DES MORAES, !C)VNVAA POWER OF ATTORNEY M we Sow (A hmauw 10.0 Q pmME;? di to; CAV CA Dw MMMV Gn"y Uf Pn n SNUO I" AM IsM nqPQ g)`n"Upo aww*A m"J l."y 7�k"r' Marbon Sanford. Doug! -as Sw4w, Da"ah Mum or jwnn Shwan <A Lubbock roo Nine 0, Texas An boy WN &M AMIso a FmA M No my aam" "my Sq Nwd a a nmrk aNR so OWN M MMME &NW&MAY) anq d0ow- v AS nahl as yjqm"� Any and Wl bwAs or uAnWh,T pmdclod 5M no bwd w urAnAlg eM(mMol uMs M, aWNhy dwil exomod m amum Bm smi of ONE MfLLION ($1,C,00 000,00) DOLLAnS wo wmu aw "�()=Ny PAMW" MUN&I q� W mg M M Sunp cy"N: as K no -ow bows 1410004ab"A so -no by Me Ti y inolvV000we"Awn MAK—Mov and 0 P­ mu A N w: M-ny :�NnjT, p,2y. Fho Flwor u�ANyrwy s qonw ors ypipwo i pj�=K 1, w-1 ow �Wno" & vo 4 am o % IA 1 M SIAIE (40117YUPOLK ........ . z9 S492 i M_ � V cc Modroy of to AKRGI ONTS BW HAG COMIP�V','Y J'0�_h 0ppryi o a NY! on! n .!J W I A n-h Mom Km'nd ;"Wj SONJG-�' Loo 27th November 90 . mffi All o'­December 311991Thfspryer of anrw,� x,),S No Text PAYMENT BOND 0 (THIS PAGE LEFT BLANK INTENTIONALLY) STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES Or TEXAS AS AMENDED BY BONDCHECK ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, BEST RATING 1959 KNOW ALL HEN BY THESE PRESENTS, that Hi plains Drilling, Principat(s), and Merchants Bonding Company Mutual LICENSE IN TEXAS DATE 8 Inc - (hereinafter called the Principal(s), as (hereinafter tatted the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter tatted the obligee), in the amount of *****195,861.10*********** 195861.1 DolEars (SQ taw#ut money of the United States for the payment whereof, the said Principat and Surety bind themselves, and their heirs, adminis- trators, executors, successors end assigns, jointly and severally, firmty by these presents. WHEREAS, the Principal has entered into a certain Written contract with the Obligee, dated the 1 3 t h day of December 19 9Q to Bid #10939-Drill/Develop Wells for Remedial Action Program and said Principal under the tau 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 some extent as if copied at length herein. NOW, THEREFORE, THE COHDITIOU OF THIS OBLIGATION IS SUCH, that if the said Principal shatt pay all claimants supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con- tract, then, this obligation shatt be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Articte 5160 of the Revised Civit Statutes of Texas as amended by Acts of the 56th legislature, Regular Session, 1959, and all liabilities on this bond shalt be determined in accordance with the provisions of said Article to the same extent as if it were copied at tength herein. •14- No Text STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOB ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the obligee), in the mount of Dollars (S ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 19 , to 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 sub -contractor in the prosecution of the work provided for in said con- tract, 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 Article 5160$of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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 day of 19— Surety Principal *By: (Title) By: (Title) By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des- ignates 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. Surety *By: Approved as to form: City of Lubbock By: (Title) City Attorney *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. -15-,: IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and seated this instrument this 4th day of January _ is 91. . Principal Hi Plains Drilling Inc. By- (Tittl By: By: (Title} (Title) Merchants Bonding Co Mutual Surety ... _az'l Attorney Vitt Pact The undersigned surety company represents that it is duty qualified to do business in Texas, and hereby des- ignates The $ a of g rd A q e *hjhgent 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. Approved as to form: City of Lubbock Y: City Attorney Merchants Bonding Co Mutual Surety {Title) Attorney in Fact *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. -15- No Text S . .1 BONING (001AFANY (Mutual) IDES 10VVA �Annsnvw POT 1 �V-q QMMW"p— Ww" FMI lwj—�o Amov", Almrva "Iq K �,W `J,}:�on Sm!ud, Dvig!as S2r"fo',4 C z�ji I atum or jkmpn Stewart LOW& A- 1 fly- v Texas in NX ?": �n� Myma YN ov nu W;Ww'! Any and aH toms or urdelakmgs, prcv=0 MM no bond w =Q13mg it of 4th January 91 December 31, 1992 No Text PERFORMANCE BOND -t6- (THIS PAGE LEFT BLANK INTENTIONALLY) STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160BGNB CHECK OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY BEST RATING ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 LICENSED IN TEXAS DATE $Y KNOWALL MEN SY THESE PRESENTS, thatHi Plains Drilling, I nc. (hereinafter called the Principa!(s), as PrincipaIts), and Merchants Bonding CompanyTuTual (hereinafter called the Surety(s), as Suret (s) are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of *********195,861.10****** 195861.1 � Dollars (S lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra- tors, executors, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Princi t has entered into a certain written contract with the Obligee, dated the 13 day of December 19 90 to Bid #10939-Drill/Develop Wells for Remedial Action Program and said principal under the taw 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 shalt faithfully per- form the work in accordance with the plans, specifications and contract documents, then this obtigation shalt be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and sit 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 seated this instrument this 4 th day of January . 19 91 — Merchants Bonding Co Mutual surety (Tit) Attorney in Fact Hi Plains Drilling, Inc. Principal BY: � r Tt e By: (Title) By: (Titte) -17- No Text STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra- tors, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ,_,,,,, day of , 19,-,,,,, to 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 per- form 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, H0WEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, 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 day of , 19� Surety Principal *By. By: (Title) (Title) By: (Title) By: (Title) 13 -17- The undersigned surety company represents that it is duly qualified to do business in Texas. and hereby designates 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. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney *Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy of power of attorney for our files. l 3 t -78- No Text The urxkrsip�rsur da t designates The $dn"y company represents that it is duty qualified to do business in Texas, and hereby gVINYresident in Lubbock Count to whom any y requisite notices may be delivered and an Whom service of process may be had in matters arising out of such suretyship. Merchants Bonding Co Mutual Surety tTitle) Approved as to Forsp Attorney in Fact City of Lubbock SCity Attorney 'Mote: If signed by an officer of the Surety Company, there must be on file a certified extract from the by -taus showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy of power of attorney for our files. i -18- CERTIFICATE OF INSURANCE -19- (THIS PAGE LEFT BLANK INTENTIONALLY) ISSUE DATE (MMiOD1YY) PROouGeR' THIS CERTkFICATE IS ISSUED AS A kIAATTER OF INFOR . k A CONFERS NO RIGHTS UPON -THE CERTIFICATE HOLDER. THIS CERTIFICATE TX WaR�cER' fi CaMP.ENSATION DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ASSIONED RISK. POOL POLICIES RELOW , C/O TRAVELERS-P.O. BOX 'f60452 COMPANIES AFFORDING COVERAGE DALLAS,.;TX 75266-0452 COMPANY A THE TRAVELERS INDEMNITY LETTER LET COMPANIV CIE MODE 15:1,AND COMPANY B IMIlifUREa - _ _ _ LETTER - =D HI .PLAINS DRILLING, ' INC.. LETTER C P , ©• Box 730 COMPANY D- ABERNATHY, TX 79311 LETTER . - - -. COMPANY E LETTER , t S 16 TO CER-nIFY THAT THE'POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T}IE POLICY PERIOD INDICATED; NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CE,RTIFICA'tE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ CO TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIODlYY) POLICY EXPIRATION DATE (MMlODIYY) LIMITS GENERAL LIABILITY BODILY INJURY OCC. S JCOtiAPREHENSNE FOAM BODILY INJURY AGG. i RREME$ES/OPERATION8 PROPERTY DAMAGE OCC. $ UOEROROUND PLOSION & HAZARD PROPERTY DAMAGE AGG. S i .COLLAPSE PROOUCTSICOMPLt TEO OPER. BI & PD COMBINED OCC. $ J CONTRACTUAL BI & PD COMBINED AGG. S 1NDEPENOENT CONTRACTORS PERSONAL INJURY AGG. i ~ BROAD FORM PROPERTY DAMAGE :. PERSONAL INJURY ::.: .... " AUTOII{OBILE LIABILITY - BODILY INJURY $ ANY. AUTO (Per person) ALL OWNED AUTOS ( P(ly. PaeS. } BODILY INJURY ALL OWNED AUTOS [ Other Tha)" (Per accident) 5 Prhr. Psss.n H[RED AUTOS PROPERTY DAMAGE S" NOWOWNEO AUTOS - GARAGE LIABILITY .. BODILY INJURY A - PROPERTY -DAMA13E $ COMBINED EIirJEB$. EIASILIIY , . - - _ .. - - EACH OCCURRENCE S 1 UMBRELLA FORM AGGREGATE i OTHER THAN UMBRELLA FORM WOR(SER'S COMPENBATIOH STATUTORY LIMITS EACH ACCIDENT 5 AND EE-UB-864J585-0-9 06I01/9 06I01I9 .DISEASE ---POLICY LIMIT $ EmpLOYERS'LIABILITY. DISEASE EMPLOYEE S Soo nna ETHER. Dl AcRwTiOH Of-OPERAt10t 81�btATIONMEHMLES/SPECbX ITEM§ t' ' TEXAS • HOULD ANY OF THE A$OVE DESCRIBED POLICIES BE CANCELLED BEFORE THE XPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK (11 3 3) AIL .__-.--UDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE jAUTHqR4jYVPRESENVTlVE EFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. BOX 2 OO U IABILITY A Y KIND UPON THE C MPANY, 17 AGENTS OR EPRESENTATIVES. J LURB0CK o TX 79457 L� + ' • • / • ' f • • • ' • • / 3 yIt malvu €ggµ F XM -sow PM €§/ .-, , y ... i r <4r Z s t X �, ��4 s ALI . '�°'�r,..e, ?"y'Z,`,.+k.- .., .s <..z'".'.; ., e� %•"- .-' .., 9',".,<-.. -. `=ii"eSY^.- �� p� i.:.'- '""i „ .`,T'<.% .. J a tr i RTIFMATP, CITY OF L;.MCCT: P. 0. BC4 ZU00 LUBBC)CE . '1'\ 79457 INSURED ill PI A.i NS DRILLING. I NC . P. 0. KE E 30 -AB,r RN.-kT6i1 z . TN 19311 01/03/91 ISSUED AT m TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX © TEXAS EMPLOYERS' INDEMNITY CO. • DALLAS, TX EMPLOYERS CASUALTY COMPANY • DALLAS, TX Ifl EMPLOYERS NATIONAL INSURANCE CO. DALLAS, TX 0 EMPLOYERS CASUALTY CORPORATION DALLAS, TX ® EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX E EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX Authorized prpjkaontative A CARL A. LLC1iENBAC14. DIST. MGR. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITH— STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREI.4 !S SUBJECT TO ALL THE TERMS, EXCLUSIONS, AN:; CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE CO. POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN T14OUSANDS NO. DATE (MMfDD/YY) DATE (MMIOD/YY) STATUTORY >''.��-'?S:c<<:>:> WORKERS' COMPENSATION ;»::........:::.... AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE -EACH EMPLOYEE) (DISEASE: • POLICY LIMIT) GENERAL LIABILITY CC)MMERCIAL GENERAL LLB t9Y CLAMS 1:1 C RCE 0W RS s CLM'TRACTGRS PrtMCTIVE �:� Y. + 06/vi�`9 i ; . 06Aii..il GENERAL AGGREGATE $ PRODUCTS-COMPIOPS AGGREGATE $ ,;i PERSONAL 6 ADVERTISING INJURY $ — EACH OCCURRENCE $ - FIRE DAMAGE (ANY ONE FIRE) $ 7z 1, MEDICAL EXPENSE (ANYONE PERSON) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 2 4412698 06/01/.�G (6 01/91 CSL $-:s BODILY INJURY PER PERSON) $ BODILY INJURY (PER ACCIDENT) $ PROPERTY DAMAGE $ EXCESSUASIUTY OTHER THAN UMBRELLA FORM >` EACH OCCURRENCE $ AGGREGATE✓: $ fig OTHER TECO 17993—C (3-90) No Text CONTRACT -2i- (THIS PAGE LEFT BLANK INTENTIONALLY) Kel!iV.Toi i STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th daX of December, 1990, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and HI PLAINS DRILLING INC of the City of ABERNATHY, County of HALE 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 CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- lows: BID #10939-DRILL/DEVELOP YELLS FOR REMEDIAL ACTION PROGRAM IN THE AMOUNT OF $195,861.100 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (ar their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, + labor, insurance and other accessories and services necessary to complete the said construction in accordance with _. the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposat submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Secretary APPR70,AVIOFONTENT: APPROVED AS TO FORM ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) By: MAYOR HI PLAINS DRILLING INC. CONTRACTOR By: TITLE: - COMPLETE ADDRESS: P.O. BOX 730 Abernathy, TX 79311 -22- (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL CONDITIONS OF THE AGREEMENT -23- (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con- tract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, 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 perfom the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to WILFORD WATSON, CHIEF ENGINEER, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who wilt inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said owner to act in any par- ticular under this agreement. Engineers, supervisor or inspectors wilt act for the Owner under the direction of owner's Representative, but shalt not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated,'€ "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shalt 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. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shalt be decided by the Owner's Representative, and said work shalt be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. b. 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 shalt have no re- sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will took exclusively to Contractor for any payments due Subcontractor. .24- 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 him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shalt provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, tight, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract docu- ments, finless otherwise specified, all materials shall be new and both workmanship and materials shalt 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 welt 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. 4. SUBSTANTIALLY COMPLETED The term "Substantiatly Completed" is meant that the structure or project contemplated by the contract docu- ments 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 wilt check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shalt be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he 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 of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract docu- ments. He wilt not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, nor wilt he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts wilt be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract docu- ments, but he wilt not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his on -site observations, he will keep the owner informed of the progress of the work and wilt endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. -25- 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by• these contract documents. Whenever necessary, Contractor shalt suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension wilt be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. Atl stakes, marks, etc., shalt be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shalt be replaced by the Owner's Representa- tive at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shalt review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shalt, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shalt determine all questions in rotation -to said work and the construction thereof, and shalt, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shalt be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shalt, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fait to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 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 Con- tractor shalt 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 shalt 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 six (6) days make written appeal to the Owner's Representative for his decision. -26- 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shalt 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 his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shalt be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shalt be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shalt be borne by the Contractor, The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his 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 himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skittfuL 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 him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shalt be discharged from the work and shalt not again be emptoyed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor s hall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that Owner shalt fur- nish same, and it is also understood that Owner sh6LL not be held responsible for the care, preservation, conservation, or protection of any materials, toots, 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 shalt direct, and the sanitary conditions of the grounds in or about such structure shalt 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, property secluded from public ob- servation, 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 shalt be strictly enforced. -27- 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. if any work should be covered without approval or consent of the owner, it must, if requested by owner or Owner's Repre- sentative, 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 Representa- tive 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 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 Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shalt be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shalt be considered defective. Such defective work 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 this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work so that it shalt be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shalt 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 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 shalt not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. if they in- crease 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 shalt be paid for as provided under Extra work. In -28- case the owner shall make such changes or alterations as shall make useless any work already done or mate- rial already furnished or used in said work, then the owner shall recompense the Contractor for any material or tabor so used, and for any actual loss occasioned by such change, due to 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, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shalt perform alt extra work under the direction of the owner's Representa- tive 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 (8) - By agreed lump sun; or Method (C) - If neither Method (A) or Method (a) be agreed upon before the extra work is com- menced, then the Contractor shalt be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shalt 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 workmen's 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 shalt 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 mat- ters shalt be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery and equipment shall be determined by using 100%, Mess 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 shalt be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shalt cover and com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments 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 shalt 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 he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative for a written order authorising 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 in- sists upon its performance, the Contractor.shalt proceed with the work after making written request for written order and shalt keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. -29- 25. DISCREPANCIES AND'OMISSTONS It is further agreed that it is the intent of this contract -that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shalt be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with.these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five 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 shalt comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, the Contractor shall, if so ordered in writing, increase his 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 The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the state of Texas. The Contractor shalt at all times exercise reasonable precaution for the safety of employees and others on or near the work and shalt comply with all applicable provisions of federal, state and municipal laws and building and construction codes. AU 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, his sureties and insurance carriers shalt defend, indem- nify and save harmless the owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shalt be the sole responsibility of the Contractor, in his 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 pro- gresses, are intended as reminders to the Contractor of his duty and shalt not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. -30- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shalt be carried with an insurance company au- thorized to transact business in the State of Texas and shalt 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. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shalt obtain an owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not Less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additionaL insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Bui(der's Risk policy in the amount of 0 00% of poten- U tial loss) naming the City of Lubbock as insured. -31- E. Excess or Umbrella Liability Insurance The Contractor shalt have Excess or Umbrella Liability insurance in the amount of -A ($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shalt 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 in- sured at the address shown in the bid specifications. - (b) 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) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. "- 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES - The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, atl suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then owner may, during the period for which such indebtedness -32- shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor.shalt pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten— tee or Owner thereof. The Contractor shalt defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such toss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shalt indemnify and save Owner harm- less from any toss on account thereof. If the material or process specified or required by Owner is an in- fringement, the Contractor shalt be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local taws, ordinances and regulations, which in any manner effect,the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. if the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such taws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shalt 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, in- sofar 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. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his 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, shalt not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR 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 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 shalt be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $250.00 (TWO HUNDRED FIFTY DOLLARS) PER DAY, not as a penalty, but as Liquidated -33- 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 judgment of the Owner's Representative that is caused by such stoppage shalt be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind wilt 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 for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. 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 shalt be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shalt 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 he shalt be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all tabor required for the aforesaid work, also, for all expenses incurred by him 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. 40. 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 shalt any certificate or payment be considered as acceptance of de- fective 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 Contractors total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shalt satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against owner's premises by reason of any work under the con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. -35- damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this Local- ity. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION it is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his 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 contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the owners 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 proposes 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 sev- erat parts. 35. EXTENSION of TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his 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, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of F time, such disagreement shalt be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge -34- 41. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shalt submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shalt review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial 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; said statement shalt also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. The owner shalt 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 Mount thereof, which 5% shalt 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 this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the port of the Contractor, the Owner may upon written recommendation of owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. 42. FINAL COMPLETION -AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially compteted, the Owner's Representative and the owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shalt issue to the Owner and Contractor his certificate of completion, and thereupon it shalt be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shalt proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shalt certify same to the owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shalt become due in any event upon said performance by the Contractor. Neither the certificate.of acceptance nor the final payment, nor any provisions in the contract documents shalt relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shalt promptty remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shalt at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shalt 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. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shalt appear within a period of one (1) year from the -36- date of substantial completion. The Owner or the Owner's Representative shalt give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the owner, which will protect the owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. TIME OF FILING CLAIMS 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) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. in case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The -parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District ,fudge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall Lapse, and the de- cision of the owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, at seq., Vernon's Annotated CIVIL Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. -37- The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shalt fix their own compensation, unless otherwise provided by agreement, and shalt assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shalt not be open to objection on account of the form of proceedings or award. 49. ABANDONRENT BY CONTRACTOR In case the Contractor should abandon and fait or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to compty with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shalt be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shalt 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 shalt 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 wilt ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fait to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide 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 sup- plies as said owner may deem necessary to complete the work and charge the expense of such tabor, machinery, equipment, toots, materials and supplies to said Contractor, and the expense so charged shalt 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 ender this contract, if the same had been com- pleted 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 com- pleted by said Contractor, then the Contractor and/or his 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 newspa- per 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 ender this contract, such increase shalt be charged to the Contractor and the Surety shall be and remain bound therefore. However, 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. When the work shalt have been substantially completed, the.Contractor and his Surety shalt be so notified and certificates of comptetion and acceptance, as provided in paragraph 42 hereinabove set forth, shalt 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, whereon the Contractor or his Surety, or the Owner as the case may be, shalt pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. -38- 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 shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, toots, materials or supplies left on the site of the work shalt be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fait to pay the amount due the owner within the time designated hereinabove, and there remains any machinery, equipment, toots, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shalt be mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however,,that - actual written notice given in any mariner will satisfy this condition. After mailing, or other giving of such notice, such property shall be hetd at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (151 days from the date of said notice the owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sate, with or without notice, as the Owner may elect. The owner shall release any machin- ery, equipment, toots, materiats, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 5o. ABANDONMENT BY OWNER In case the Owner shalt fait to comply with the terms of this contract, and should fait or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, toots, and equipment, and ail materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the Owner's Representative shalt make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the con- tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shalt then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. Ali bonds, if required, 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. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shalt control. -39- 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all toss 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 and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. _INDEPENDENT CONTRACTOR Contractor is, and shalt remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the owner or Owner's Representative shalt have the right to ob- serve Contractor's work during his 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 shalt not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractors own employees or to any other person, firm, or corporation. 55. 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 he shalt remove all such debris and also his toots, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shalt be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. -40- (THIS PAGE LEFT BLANK INTENTIONALLY) CURRENT WAGE DETERMINATIONS -41- (THIS PAGE LEFT BLANK INTENTIONALLY) Resolution #2502 January 8, 1987 Agenda Item #18 1 DGV:da DCCAI 11TTAM WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock :in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates'shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987_ • :131. TTE • . • Ranette,Boyd, City Secretary v APPROVED T ONTENT: Bi 1 P yne, 0 rector of Building Services 24-7 e ` b/ B.C. MCMINN, MAYOR - APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment. Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourly Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 EXHIBIT 8 Paving and Highway Construction Prevailing gage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy ourl Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series ' 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.1 1/2 times base rate. '.3 (THIS PAGE LEFT BLANK INTENTIONALLY) SPECIFICATIONS il -42- (THIS PAGE LEFT BLANK INTENTIONALLY) SPECIFICATIONS FOR MATERIALS PRODUCTION WELLS 1. GRAVEL The gravel for gravel packing shall be silicate particles of rock, as obtained from sources near Brady, Texas, referred to as Brady 8-12 or an approved equal. Any other well rock shall be subject to the approval of the ENGINEER prior to bidding. Gravel specifications: 100% passing No. 6 screen '40% retained on No. 8 screen 80% retained on No. 10 screen 95% retained on No. 12 screen crushed rock not acceptable less than 5% soluble in HCL 2. PRODUCTION CASING Production casing shall be new 12 3/4 inch electric fusion -welded, straight seam or spiral seam, 0.188 inch minimum wall thickness low carbon steel pipe. Joints shall be welded and strapped with four one inch steel straps spaced evenly around the circumference of the casing. 3. SCREEN The screen shall be " AGRI-SCREEN " manufactured by Johnson Division, Signal Environmental Systems, Inc., P.O. Box 64118, St. Paul, Minnesota 55164, or an approved equal. If the bidder proposes to furnish any other screen other than specified, a sample shall be submitted to the ENGINEER five calendar days before the bid is submitted. The screen shall be manufactured with coated low carbon mild steel wire and have an outside diameter equal to the diameter of the _ production casing. The screen shall have openings of fifty thousandths ( 50/1000 ) inch. The ends shall be equipped with welding rings for welding to casing or for welding together several sections of screen. The screen settings in each well shall be determined by the ENGINEER. 4. CONCRETE Approximately 0.5 'cubic yards of Class B concrete shall be required for each well house floor and footing. Approximately 0.25 cubic yards of Class B concrete shall be required for each pump base. The cement shall conform to Standard Specifications and tests for Portland Cement, "A.S.T.M." Serial Designation C-150-41, and C77-40. Class B concrete shall contain not more than 7 gallons of water per sack of cement. The concrete mix shall contain not less than 4-1/2 sacks of cement per cubic yard of mix and shall have a minimum 28 day compressive strength of 2500 P.S.I. Maximum f additional water of 1-1/2 gallons per cubic yard of mix will be allowed with the approval of the ENGINEER. Concrete aggregates for class B concrete shall consist of natural clean washed sand and gravel. The aggregates shall be well graded form coarse to fine and the maximum size of the coarse aggregate shall not exceed 3/4 inch. The aggregate shall be free from injurious amounts of clay, soft ar flaky materials, loam or organic impurities. 5. GRAVEL FEED PIPE The gravel feed pipe to be installed in production wells shall consist of three (3) inch schedule 40 T&C steel pipe extending from ten feet below the surface to two (2) feet above the ground surface and threaded on the ground surface end. The threaded end shall be capped with a 3 inch cap. 6. STEEL Reinforcing steel used in concrete well house floors shall conform to A.S.T.M. " Standard Specifications for Billet -Steel Concrete Reinforcement Bars, Intermediate Grade" or " Rail Steel," latest " edition. Wire mesh for each concrete well house floors shall be 6 x 6 x 10. Steel plate for well houses shall be (12) gauge mild steel plate. 7. PAINT AND PRIMER The primer for the well houses shall be red iron oxide and shall be Pittsburg Paints Inhibitive Red Primer No. 6-203, or approved equal. The paint for the well houses shall be exterior -interior aluminum, Pittsburg Paints General Purpose No. 6-230, or an approved equal. SPECIFICATIONS FOR CONSTRUCTION PRODUCTION WELLS 1. GENERAL The price bid on each,and every item shall include the furnishing of all equipment, materials, power, labor, tools, fuel and transportation necessary or incidental to completing and fulfilling the terms of this contract. 2. DRILLING The slush pits shall be dug by the contractor and shall have the following minimum dimensions: Length - 30 ft. Width - 8 ft. Depth 4 ft. Slush pits shall be filled and leveled by the CONTRACTOR during final cleanup. The drilling shall be done with a reverse rotary drilling rig. No bentonite mud additives shall be used by the contractor. The OWNER will furnish water for this project from existing wells and pipelines. The well shall be drilled 20 inches in diameter, from the surface to 5 feet below the top of the Pre-pliocene "redbed" strata. An accurate log of the changes in the formation shall be kept by the driller and presented to the ENGINEER after the well is drilled. 3. INSTALL ING..PRODUCTION CASING Before the production casing is installed, the hole shall be clear of sand and cuttings at least to the depth of the top of the redbed or to the depth to which the production casing shall be set as determined by the ENGINEER. The casing shall be centered by attaching guides at the bottom and at 60 feet below the surface. Approximately five (5) feet of blank casing shall be installed below the bottom screen. The well screen shall be attached to the production casing by welding in the intervals selected by the ENGINEER. 4. GRAVEL PACKING The wells shall be gravel packed immediately after the production casing and screen have been set in place. A tremie pipe shall be lowered into the annular space to a point within 10 feet of the bottom of the drilled hole. The drill stem, without the drill. bit shall be lowered into the casing to a point within 5 feet of the bottom of the screen, and the air line shall be lowered into the drill stem to a point sufficiently deep enough to pump by air lift from the bottom of the screen. After the tremie pipe and the drill stem are set in place, the gravel shall be pumped into the annular space through the tremie pipe. The gravel may be mixed in a hopper to form a " slurry ". This slurry will then be pumped under pressure into the tremie pipe for placement into the well. The tremie pipe will be raised as the annular space fills with gravel. During the placement of the gravel shall be pumped from the interior pit through the drill stem acting operation shall continue until the gravel to a point thirteen 13 feet 5. CONCRETE FOR SURFACE SEAL pack, water, mud, and sand of the screen and into the slush as air lift pump. This annular space is filled with below the surface. The annular space between the production casing and the wall of the hole shall be open from the ground surface to a depth of 13 feet. A 3 inch gravel feed pipe shall be placed in the annular space between the production casing and the wall of the hole to a depth of 10 feet. A 3 foot layer of clean (formation) sand shall be placed on top of the gravel pack. The concrete shall be placed into the annular space slowly through a pipe extending from the top of the production casing. The pipe shall be withdrawn as the annular space fills with concrete. The space shall be filled to the land surface. 6. DEVELOPMENT Development shall consist of high velocity jetting with a special jetting tool, and overpumping and surging with a test pump. Jetting shall be done with a special jetting tool consisting of 4 jetting nozzles of 1/4 inch orifice size and an exit velocity of jetting fluid at a minimum of 150 feet per second. The jetting process shall -proceed from the top of the screened interval to the bottom. The jetting tool shall be rotated slowly and raised and lowered as far as possible as each connection is made. After the first jetting pass is complete the tool will raised to the top of the first jetting pass and another pass made throughout the entire screened section. This process shall continue until the gravel has ceased slipping and return fluid is free of sand and other fines. Overpumping shall be the final development procedure. A vertical turbine pump capable of "overpumping" (producing more water than the well can yield) shall be set 3 to 5 feet off of the bottom of the well. The well shall be pumped at high rates and backwashed until the gravel ceases to move and the discharge is clear. When the gravel is stable and the discharge is clear the pump shall be set at a rate that will cause the well to break suction. At this point the pumping rate shall be decreased at certain intervals until the pumping level shows to be stable for a period of three hours. Records of the entire test pumping procedure including all measurements shall be submitted to the ENGINEER following the completion of.the well. The top of the gravel pack shall be maintained at a point 10 to 15 feet below the land surface during all development work. 7. CONCRETE FLOOR AND PUMP BASES Forming for concrete work shall be approved by the ENGINEER prior to making any concrete pour. Electrical conduits will be set by the OWNER prior to pouring the concrete floor. Expansion joint material shall be used between the pump block and the floor slab. A four inch flanged nipple fourteen inches long, a four inch short body flanged 45 degree bend coupled to a four inch flanged one end piece of D.I. pipe about four feet long shall be set during construction of the forms as shown on the plans. Alignment of the pipe and bend shall -be at the direction of the ENGINEER. Six existing well sites shall have existing concrete structures broken up and hauled away, the site leveled, trash and debris removed from the site and the casing extended to approximately 2 feet above the surface. Any loose dirt shall be removed or hand tamped to prevent failure of the floor slab. These six sites shall then be furnished with the above mentioned floor and pump bases. 8. WELL NOOSES 8 (eight) Steel well houses shall be constructed as per attached plans and delivered to each well site. The surfaces of the steel shall be free of all dirt, grease, rust and mill scale prior to painting. Inside and outside surfaces of the well shall be painted with 2 two coats of primer and 2 two coats of aluminum paint. The first coat of primer shall be allowed to dry for 12 twelve hours before the second coat of primer is applied. The second coat of primer shall be allowed to dry for 12 twelve hours before the first coat of aluminum paint is applied. The first coat of aluminum paint shall be allowed to dry for 12 twelve hours before application of the second coat of aluminum paint is applied. 9. CLEAN UP During all phases of construction the work sites shall remain free of construction debris, boxes, paper, plastics, bottles and cans. The CONTRACTOR shall provide a receptacle at each work site and no debris shall be placed in the slush pits. 10. SPECIAL INFORMATION The CONTRACTOR shall be especially cautious regarding fires. No firearms and no hunting shall be allowed on the project. All losses, injuries, damages and claims for the same that result from activities of the CONTRACTOR shall be the responsibility of the CONTRACTOR. SPECIFICATIONS FOR CONSTRUCTION OF MONITOR WELLS GRAVEL MATERIALS 1. The gravel for gravel packing shall be silicate particles of rock, as obtained from sources near Brady, Texas, referred to as Brady 8-16 or an approved equal. Any other well rock shall be subject to the approval of the ENGINEER prior to bidding. Gravel Specifications 100% passing No. 6 screen 4% retained on No. 8 screen 65% retained on NO.. 12 screen 25% retained on No. 14 screen 4% retained on No. 16 screen crushed rock not acceptable less than 5% soluble in HCL 2. PRODUCTION CASING Production casing shall be 4 inch schedule 40 flush threaded joint PVC well casing as manufactured by Titan Industries Inc., or an approved equal. Casing centralizers shall be spaced on approximately 40 foot intervals throughout the well. A four inch slip on cap shall be provided on the bottom section of casing or screen. 3. SCREEN The screen shall be " Easy-flo " screen as manufactured by Titan industries, Inc., or an approved equal. The screen shall be 4 inch schedule 40 flush .threaded joint PVC well screen. The screen shall have the same outside diameter as the production casing and shall have openings on 40/1000 forty thousandths inch. Open area per liner foot of screen shall be a minimum of 13.94 sq. in. Screen setting in each well shall be determined by the ENGINEER. 4. CONCRETE Approximately 0.25 cubic yards of class B concrete shall be required for each concrete surface seal and well pad. The cement shall conform to Standard Specifications and tests for Portland Cement, "A.S.T.M." Serial Designation C-150-41, and C77-40. Class B concrete shall contain not more than 7 gallons of water per sack of cement. The concrete mix shall contain not less than 4-1/2 sacks of cement per cubic yard of mix and shall have a minimum 28 day compressive strength of 2500 P.S.I. Maximum additional water of 1-1/2 gallons per cubic yard of mix will be allowed with the approval of the ENGINEER. Concrete aggregates for class B concrete shall consist of natural clean washed sand and gravel. The aggregates shall be well graded form coarse to fine and the maximum size of the coarse aggregate shall not exceed 3/4.inch. The aggregate shall be free from injurious amounts of clay, soft ar flaky materials, loam or organic impurities. 5. VANDAL PROOF PIPE This pipe shall be 8 5/8 inch schedule 40 steel pipe 4 feet in length, with one end equipped with a locking cap. This pipe will be installed over the production casing and allowed to extend 2 feet above the ground. The lock for the locking cap will be provided by the OWNER. SPECIFICATIONS FOR MONITOR WELLS CONSTRUCTION I. GENERAL The price bid on each and every item shall include the furnishing of all equipment, materials, power, labor, tools, fuel and transportation necessary or incidental to completing and fulfilling the terms of this contract. 2. DRILLING The use of slush pit or portable mud boxes will be CONTRACTORS choice The slush pits shall be dug by the contractor and shall have the following minimum dimensions: Length - 30 ft. Width - 8 ft. Depth - 4 ft. Slush pits shall be filled and leveled by the CONTRACTOR during final cleanup. The drilling shall be standard rotary drilling, bentonite mud additives shall be used sparingly. OWNER will furnish water from existing wells or pipelines The well shall be drilled a minimum of eight and one half inches in diameter from the surface through the water bearing formation 5 feet into the pre-pliocene (redbed) strata. An accurate log showing the changes in the formation shall be kept by the driller and presented to the ENGINEER after completion of the well. Drilling equipment and tools shall be steam cleaned before beginning work on each new well. 3. INSTALLING PRODUCTION CASING Before the production casing is installed, the hole shall be clear of sand and cuttings at least to the depth of the top of the redbed of to the depth to which the production casing shall be set as determined by the ENGINEER. The casing shall be centered by attaching guides at approximately 40 foot intervals. Approximately five (5) feet of blank casing shall be installed below the bottom screen. 4. GRAVEL PACKING The wells shall be gravel packed immediately after the production casing and screen have been set in place. The drill stem, without the drill bit, shall be lowered into the casing and screen to a point a maximum of 5 feet from the bottom of the screen. Gravel shall then be placed slowly into the annular space from the surface, taking precautions against mixing the gravel with drill cuttings or other debris at the surface near the well. After placement of the gravel pack, water, mud and sand shall be pumped from the interior of the screen and into the slush pit or mud box through the drill stem acting as.an air lift pump. As the discharge clears the gravel level shall be checked and maintained at a point 5 feet above the top of the uppermost screened section. 5. CONCRETE FOR SURFACE SEAL AND WELL PAD The annular space between the production casing and the wall of the hole shall be open from the surface to a depth of 10 feet. Bentonite pellets may be used to fill the annular space from the top of the gravel pack to 10 feet below the surface. The concrete seal shall then be poured from the surface to a depth of 10 feet and a 2 foot by 2 foot by 4 inch well pad shall be poured at the surface as the vandal proof pipe is being set. 6. DEVELOPMENT Development of each monitor well shall consist of high volume air flow through the drill stem adjacent to the screen throughout the screened section. The volume of air shall be sufficient. enough to separate sand, mud, silt and drilling mud from the gravel pack. This procedure should begin at the top of the screened section and proceed slowly to the bottom of the screened section. This procedure shall be repeated until the gravel level is stable at 5 feet above the uppermost screened section and the discharge is clear. 7. CLEAN UP During all phases of construction the work sites shall remain free of construction debris, boxes, paper, plastics, bottles and cans. The CONTRACTOR shall provide a receptacle at each work site and no debris shall be placed in the slush pits. 8. SPECIAL INFORMATION The CONTRACTOR shall be especially cautious regarding fires. No firearms and no hunting shall be allowed on the project. All losses, injuries, damages and claims for the same that result from activities of the CONTRACTOR shall be the responsibility of the CONTRACTOR. 1. 2. 0 4. 5. SPECIFICATIONS FOR SUBMERSIBLE SAMPLING PUMP GENERAL: All materials and equipment furnished by the Contractor under this contract shall be first class in every respect, shall be constructed and finished in a workman like manner, shall be modern in design, and shall not have been in service at any time prior to delivery except as testing requires. The pump bowl and motor assemblies and the power cable shall be crated to prevent damage during shipment. The pump and motor assemblies are the responsibility of the Contractor until accepted by the Owner. Submersible pumps and motors shall be model no. 12S3008 as manufactured by Simmons Pump Corp. 2705 Ave U Lubbock, Texas or an approved equal. Each unit should be capable of producing 40 gallons per minute against 80 feet of total dynamic head from a 4 inch casing. SUBMERSIBLE MOTORS: The submersible motors delivered under this contract shall be" NEMA Standard" submersible electric motors constructed in accordance with the standards of the A.I.E.E. and N.E.M.A. The motors shall operate on 60-cycle, single phase alternating current, and 230 volts at a speed of 3450 R.P.M. SUBMERSIBLE PUMPS The pump shall have the capacity and total head as described in the proposal. The pump shall be the multistage type with plastic impellers. The bowls shall be first quality, plastic bowels with bronze end bells and a stainless steel outer case The bowl shaft shall be AISI 416 stainless steel. COLUMN „PIPE The column pipe for each pumping unit shall be a 150 foot length of rolled, 1 1/4 inch polyethylene gas line. Each length of gas line shall be equipped on one end with a 1 1/4 inch BUTT FUSSION by MIP (male iron pipe) transition coupler and a 1 1/4" by 1 1/2" screwed hex bushing for coupling the gas line to the pumping unit. POWER CABLE The power cable furnished under these specifications shall be 12 gauge 3 conductor standard copper, 600 volt, flat profile submersible pump cable. 150 feet of cable shall be delivered with each pump assembly. MEASUREMENT AND PAYMENT 1. GENERAL The unit bid price on each item, as stated in the proposals, shall include furnishing all labor, superintendence, machinery, equipment and materials, except material specifically specified to be furnished by others, necessary or incidental to complete various items of work in accordance with the plans and specifications. Costs of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. 2. DRILLING Drilling of the water wells shall be paid for at the unit price bid per foot of depth of full diameter hole to a point 5 feet below the top of the pre-pliocene redbed. The unit price bid shall be complete compensation for drilling of the holes and shall include any and all incidental work not otherwise included on the bid items or otherwise provided for in the specifications. 3. PRODUCTION CASING Furnishing and installing production casing described in the plans and specifications shall be paid for at the unit price bid per foot of casing. The unit price bid shall be complete compensation for furnishing and installing the casing complete in place including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications. 4. SCREENS Furnishing and installing screens as described in the plans and specifications shall be paid for at the unit price per foot of screen. The unit price bid shall be complete compensation for furnishing and installing the screens complete in place including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications. 5. 91 1. -*J GRAVEL PACKING Furnishing and placing the gravel in wells as called for in.the plans and specifications shall be paid for at the unit price bid per cubic yard of gravel pack and shall be complete compensation for furnishing and placing gravel in place, including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications. GRAVEL FEED PIPE FOR PRODUCTION WELLS Furnishing and installing the gravel feed pipe on the two new production wells shall be paid for at the unit price bid price bid per installation complete in place, including all labor, materials, tools and other incidentals necessary including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications CONCRETE FOR SURFACE SEAL Furnishing and installing concrete for surface seal shall be paid for at the unit price bid per cubic yard for production wells and per each on the monitor wells. The unit price bid shall be complete compensation for furnishing and installing concrete for surface seal complete in place, including any and all incidental work or materials not otherwise included in the bid items or otherwise provided for in the specifications. WELL DEVELOPMENT Well development by high velocity jetting tool and test pumping for production wells and high volume air flow on the monitor wells shall be paid for at the unit price bid per hour of development. The unit price bid shall be complete compensation for development including all labor, tools, equipment and incidentals not otherwise included in the bid items or other otherwise provided for in the specifications. 9. CONCRETE FLOORS AND PUMP BASES Concrete floors and pump bases on production wells shall be -paid for at the unit price bid per well site. The unit price bid shall be complete compensation for furnishing and installing the concrete floors and pump bases complete in place, including 4 inch pipe stubs and all other tools, labor, materials and other incidentals not otherwise included in the bid items or otherwise provided for in the specifications. 10. WELL HOUSES Steel well houses shall be paid for at the unit price bid per each well house. The unit price bid shall be complete compensation for furnishing and delivering the well houses to each production well site complete, including all tools, materials and other incidentals not otherwise included in the bid items or otherwise provided for in the specifications. 11. VANDAL PROOF PIPE FOR MONITOR WELLS Vandal proof pipes shall be paid for at the unit price bid per each installation. The unit price bid shall be complete compensation for furnishing and installing the pipe complete and in place, including all tools, materials and equipment and other incidentals not otherwise included in the bid items or otherwise provided for in the specifications. 12. SUBMERSIBLE PUMP The submersible pump, motor and cable shall be paid for at the unit price bid per complete unit, delivered to the City of Lubbock Water Treatment plant at 6001 N. Guava and shall include any incidentals not otherwise included in the bid proposal or specifications. 13. EXISTING SITE PREPARATION Preparation of existing well sites for pump bases and floor slabs shall be paid for at the unit price bid for preparing each well site as outlined in previous paragraphs and shall include any incidental work or equipment not previously included in the bid items or provided for in the specifications. 6 :11fElwalonolifUlm -43- i SPECIAL CONDITIONS Drilling of production or monitor wells on sect. 12 of the land application site may be delayed untill the end of the job to prevent a conflict between this contract and the contractor on the Terminal Storage reservoir. Mork in this area shall be cordinated by the ENGINEER. (THIS PAGE LEFT BLANK INTENTIONALLY) 01"INam �V Offlee of �.- Purchasing City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 606-767--2167 December 28, 1990 Hi Plains Drilling Inc. P.O. Box 730 Attn: Gary D. Grant Abernathy, TX 79311 SUBJECT: Drill/Develop Wells The City of Lubbock, having considered the proposals submitted and opened on the 27th day of November, 1990, for work to be done and materials to be furnished in and for: City of Lubbock Bid # 10939 Drill/Develop Wells for Remedial Action Program as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the December 13, 1990, at the bid price contained therein, subject to the execution of and furnishing of all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Ll 6 Gene Eads, C.P.M. Purchasing Manager (THIS PAGE LEFT BLANK INTENTIONALLY) MAIN FILE SEE RESOLUTION No Text