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HomeMy WebLinkAboutResolution - 2006-R0201 - Contract - Hi Plains Drilling Inc. - Water Well Facilities - 04/26/2006Resolution No. 2006-R0201 April 26, 2006 Item No. 5.26 RESOLUTION WHEREAS, the City of Lubbock is contemplating construction of water well facilities in certain portions of the City; and WHEREAS, the City of Lubbock has received multiple bids to its Invitation to Bid (406 -018 -BM) regarding such project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, after considering the experience of the bidders, including the previous performance experience of the City of Lubbock with the bidders, finds that the lowest responsible bidder for Invitation to Bid Number 06- 018 -BM is Hi Plains Drilling, Inc. of Abernathy, Texas; 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 the Contract regarding Invitation to Bid Number 06 -018 -BM, by and between the City of Lubbock and Hi Plains Drilling, Inc., and any other related documents. Said Contract is attached hereto as Exhibit "A" and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of April 2006. DAVID A. MILLER, MAYOR ATTEST: R�G-y Secretary APPROVED AS TO CONTENT: Victor Kilman, 'rector of General Services APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney ml/ccdocs/Agrmnt to Hi Plains Drilling.Res May 23, 2006 No Text r City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH:(806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB# 06-018-BM, Addendum # I ADDENDUMV ITB # 06-018-BM Irrigation Well Development at Lubbock Land Application Site DATE ISSUED: March 28, 2006 CLOSE DATE: April 11, 2006 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidder's attention is invited to the following CHANGES /REVISIONS to the Specifications: In Section 02525, page 02525-3; DELETE the entire paragraph 2.5 PITLESS ADAPTOR. In Section 02525, page 02525-5; CHANGE section 3.3 C to read: 'Provide casing center guides every 40-feet. In Section 02525, page 02525-5; DELETE the entire line 3.3 D. 2. REPLACE the existing Attachment E with the attached. This shows the 8-inch casing extended to the top of the well. (DELETE the reference to 10.25-inch exterior casing). 3. On the BID SUBMITTAL UNIT PRICE CONTRACT, Item No. 3. is CHANGED to read: 5011000 rather than 40/1000 for the screen openings. Bidders must submit the REVISED BID SUBMITTAL UNIT PRICE CONTRACT, attached, along with the previously required pages. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to BMacnair@mylubbock.us.. THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's resWnsibility to advise the City of Lubbock Purchasing Manager if any language. requirements etc or any combinations thereof. inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#06-018-BMAd1 �d 2'X2'X2' CONCRETE POWER CABLE ENTRY PUMP BASE AND JUNCTION BOX INTERIOR 8" CASING 4" NPT STEEL TEE. AIR VALVE AS SPECIFIED 1" MEASURING TUBE CASING VENT PLAN VIEW N.T.S. 1" AIR VALVE 1 " TREAD 1" PLUG FOR MEASURING TUBE 4" STEEL TEE JUNCTION BOX 0 1" TEE ' 141"k 4" COLUMN PIPE 90• BEND WITH WIRE MESH WELL SEAL BY COTY CHEMICAL 1" TEE CABLE / CONCRE PUMP BL 8 "CASII NG 0 4 � N. T. S. WELL HEAD ASSEMBLY FOR LLAS IRRIGATION WELLS (TYPICAL) PROFILE VIEW CITY OF LUBBOCK INVITATION TO BID •o TITLE: IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 06-018-BM PROJECT NUMBER: 91083.8302.10000 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT 1 m 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #06-018-BM Sealed bids addressed to Victor Kilman, Director of Purchasing & Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing & Contract Management, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2.00 o'clock D.M. on April 11`h, 2006, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Director of Purchasing & Contract Management and publicly read aloud. It is the sole responsibility of the bidder to --- ensure that his bid is actually in the office of the Director of Purchasing & Contract Management for the City Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on April 111h 2006, and the City of Lubbock City Council will consider the bids on April 261h, 2006, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on March 28th, 2006 at 10:00 o'clock a.m., in Municipal Building, Conference Room 204, 1625 131h Street, Lubbock, Texas. Bidders may view the plans and specifications On -Line at www.RFPDepot.com. BIDDERS MAY OBTAIN PLANS AND SPECIFICATIONS by downloading them from www.RFPDepot.com or by contacting the City of Lubbock Purchasing & Contract Management Department at Phone: (806) 775-2167. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Director of Purchasing & Contract Management of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775- 2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Marta Alvarez MARTA ALVAREZ, INTERIM PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, April 11t6 2006 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #06-018-BM, IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Director of Purchasing & Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing & Contract Management Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If 3 bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandatM pre -bid meeting will be held at 10:00 a.m. March 28"' 2006 in Municipal Building -Conference Room 204 1625 13`h Street, Lubbock Texas All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The _. City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Department will be available over the Internet at http://www.RFPdgpot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of 1 Lubbock Purchasing & Contract Management Department no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing & Contract Management and a clarification obtained before the bids are received, and if no such notice is received by the Director of Purchasing & Contract Management prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Director of Purchasing & Contract Management before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such -= information will be made available to the requester. 2 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUHUES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Director of Purchasing & Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before s the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, INTERIM PUBLIC WORKS CONTRACTING OFFICER City of Lubbock 1625 13'h Street Lubbock, Texas 79401 Fax: (806) 775-3326 Email: BMacnair@mylubbock.us RFPDepot: hgp://www.RFPdgpot.com 13 14 15 16 17 L_ TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the 4 Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or _ 3 any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such 1 methods as are currently utilized by persons, firms, or corporations engaged in similar type of _f construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. v 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 3 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 6 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (9) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. a_3 (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. } (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with t City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid - Items 1 through 4 plus the sum of any Alternate Bids the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 9 BID SUBMITTAL REVISED BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: April 11, 2006 PROJECT NUMBER: #06-018-BM - IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE Bid of Hi Plains Drilling, 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 to Bid for the construction of a IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 525 V.F. Drill 3 irrigation wells 14 3/" in diameter, 170 - 180 feet per well in depth, as herein K specified for the unit price of; MATERIALS: zero $_ NF( ) LABOR: forty—two dollars & forty—two cents $ 42.42 NF(22, 270.50 _ TOTAL BID ITEM #1: forty—two dollars & forty—two cents $ 42.42 NF( 22, 270.50 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) ) 2. 255 V.F. Furnish and install 8-inch low carbon steel casing 80 — 90 feet per well, as herein specified for the unit price of; MATERIALS: twenty—four dollars and three cents $ 24.03 NF(6,127.65 LABOR: $_ NF( ) TOTAL BID ITEM #2: twenty—four dollars and three cents $_24.03 NF( 6 127 E (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) P>A Bidder's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 3. 240 V.F. Furnish and install 8 -inch screen with openings 5011000 of an inch 70 — 90 feet per well, as herein specified for the unit price of, MATERIALS fifty—three dollars and twenty six cent LABOR: $( ) TOTAL BID ITEM #3: fif :y—three dollar and twPnry s; x Pn �$�3.26 NF(t 9,_7R9 _ Cn ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 12 C.Y. Furnish and install gravel, approximately 4 cubic yards per well, as herein specified For the unit price of, MATERIALS: two hundred eight dollars & eighty six cents LABOR: one hundred f if tv dollars $ 150.00 /CY(t , 800 n0 ) TOTAL eighty—six cents BID ITEM #4: three hundred fifty—eight dollars & t 358. g6 /CYI (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern) 5. 180 C.F. Furnish and install neat cement seal, approximately 60 cubic feet per well, as herein specified for the unit price of; MATERIALS: thirty—ohe dollars & sixty—one cents $ 31.61 /CF(5,689.80 LABOR: six dollars and seventy—five cents 6.75 TOTAL BID ITEM #5:thirty—eight dollars & thirty—six cents $ 38.36 /CF(6.904 80 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) ) 6. 210 V.F. Furnish and install three-inch gravel feed pipe, 70 feet per well, as herein specified for the unit price of, MATERIALS: four dollars & ninety—one cents $ /. 91 NF LABOR: $_ NE(_. ) TOTAL BID ITEM #6: four dollars & ninety—one n s $ /gt NF(t nit 10 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) —�$Al-Bidder's Initials 2 Estimated Item Quantity - No. & Unit Description of Item Total Amount 7. 12 HR Development with high speed bailing equipment approximately 4 hours per well as herein specified for the unit price bid; MATERIALS: LABOR: one hundred f if tv dollars TOTAL BID ITEM#7: one hundred fif ty dollars (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 8. 24 HR Testing and development of three wells with test pump, including furnishing, Installing and operating and submitting a complete set of records. Approximately 8- hours per well as herein specified for the unit price of; MATERIALS: $ /H& ) cents LABOR: two hundred thirteen dollars & eighty-nine $213.89 /HR( 5,133 36 TOTAL two hundred thirteen ) BID ITEM #8: dollars and eighty-nine cents $213.89 /HR(5,133 36 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 9. 3 EA Furnish and install concrete floors and pumps bases, approximately 1.5 cubic yards -' of formed concrete, # 4 bar, complete in place including all electrical conduits as shown on plans for the unit price bid; cents nt MATERIALS. five hundred 'one dollars & sP Ve3, G;X $ Snt 7ti /EA(t 505 28 ) LABOR: five hundred forty dollars $540.00 /EA( 1,620 00 TOTAL one thousand forty-one BID ITEM #9: dollars and seventy-six cents $1,041.76/EA( 3.125.28 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 10. 3 EA Furnish and install 150 gpm submersible pump and motor, column pipe, well casing seal, air release valve, PVC measuring tube, electrical junction box, and pump cable, complete in place as one unit, including all tools and equipment for complete installation. six thousand one hundred MATERIALS:_ twenty-two dollars & twenty-eight Cents $�,. t �� � A� R� �tih g4 ) LABOR: one thousand three hundred if ty dollars $t _ 350OWEA( A 00 ) TOTAL seven thousand four hundred BID ITEM#10: seventy-two dolly wen y P;ghr rPnrc,$7 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem. e' 197 Bidder's Initials - . Estimated Item Quantity No. & Unit Description of Item Total Amount TOTAL BID, ITEMS #1- #10: forty-eight thousand nine MATERIALS: dollars and thirty-nine cents $48,009.39 thirty-seven thousand eight hundred LABOR: ai III hty ght rinl 1 r Yj—�-P'-tr Ysis rents TOTAL BID eighty-five thousand eight hundred ninety - ITEMS #1 - #10: eight dollars and twent -five cents Y $ 85.898.25 (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 30 (THIRTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $150 (ONE HUNDRED FIFTY) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may .not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Bidder's Initials 4 Enclosed . with this bid is a Cashier's Check or Certified Check for 5% Dollars ($ ) or a Bid Bond in the sum of GAB Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secreta— ry Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date3/28/06 Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Date: 4 / l1- / 06 E�4;, .ul a NAM,IMMIFein / Gary D. McKenzie, Vice PreRi dent (Printed or Typed Name) Hi Plains Drilling, Inc. Company P. 0. Box 730 Address Abernathy Lubbock City, County Texas 79311 State Zip Code Telephone: 806 _ 298-2571 Fax: 806 298-2555 W 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LIST OF SUBCONTRACTORS Minority Owned Yes No none ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO SECTION 28G OF THE GENERAL CONDITIONS. 6 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. QGary D. McKenzie Contrac r ig ature) Contractor (Print) CONTRACTOR'S FIRM NAME: Hi Plains Drilling, Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: P. 0. Box 730 Abernathy, TX 79311 Name of Agent/Broker: Bill Grisham Address of Agent/Broker: 5219 City Bank Parkway, Suite 200 City/State/Zip: Lubbock, TX 79407 Agent/Broker Telephone Number: (806 ) 771-4368 Date: 4 / 11 / 06 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2165. BID #06-018-BM - IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE VA SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO_ If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO__ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO—.. If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. A411', ,6;�' Signature Vice President Title 9 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Hi Plains Drilling, Inc. Signature of Company Official• Date Signed: 4/11/06 Printed name of company official signing above: Gary D. McKenzie 10 PAYMENTBOND D STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) BOND NO. 54-146652 KNOW ALL MEN BY THESE PRESENTS, that HI PLAINS DRILLING, INC. (hereinafter called the Principal(s), as Principal(s), and UNITED FIRE..&_CASUALTY COMPANY (hereinafter called the Suretyretv(s1Bar het�lrn,t h dAtIh� ity of Lubbock (hereinafter called the Obligee), in the amount of ruv GFiT_&_ht0/1 nnE G o FmFatrs$85, 8�8. 0d lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 4 th day of MAY ..2006 ,to ITB #06-018—BM CONTRACT #6682 IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 11 TH day of MAY 20 06. UNITED FIRE & CASUALTY COMPANY Surety (Title) DEEDEE BRINKER ATTORNEY —IN —FACT HI PLAINS DRILLING,, INC. (Company Name) By: r9,_ — (Printed Name) (Signature) 5 ��— �< r"ec j (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates DEEDEE BRINKER an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Approved as to form: P01�11 rut", Im 'W -Wartan�E0 UNITED FIRE & CASUALTY COMPANY Surety * By: . _N� s (Title)DEEDEE BRINKER 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. } .� 2 No Text STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) BOND NO. 54-146652 KNOW ALL MEN BY THESE PRESENTS, that HI PLAINS (hereinafter called Ne )?rincipal(s), as Principal(s), and UNITED FIRE & CASUALTY COMPANY th (hereinafter called the Surety(��reyj(ar�l�rr�j�I� ity of Lubbock (hereinafter called the Obligee), in the amount ofNTNFTv FTCHT o ars$85 , 898.00 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 4 TH day of MAY ITB #06-018—BM CONTRACT #6682 IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATTON STTF. and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this11 TH day of MAY 20 06. UNITED FIRE & CASUALTY COMPANY Surety *By: (Title)DEEDEE BRINKER ATTORNEY -IN -FACT HI PLAINS DRILLING, INC. (Company Name) By: (Printed ame) (Signature) ec JJ--1 q (Title) I r"'! I I The undersi ed sure company represents that it is duly qualified to do business in Texas, and hereby desi ates DEEDE�BRI gn Went 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 Cityo bbock t By: Ci ttorney UNITED FIRE & CASUALTY COMPANY Surety *By: - " 0-LA- (Title) DEEDEE BRINKER 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. �J u(I UNITED FIRE GROUP IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers & Managers, Inc. American Indemnity Companies You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 No Text CERTIFICATE OF INSURANCE ` %"R ,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY 1 05/11/2006) PRODUCER (806) 771-4368 FAX (806) 771-4382 Windmark & Associates Inc. 5219 City Bank Parkway Ste 200 Y Y Lubbock, TX 79407 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Hi Plains Drilling, Inc. P.O. BOX 730 Abernathy, TX 79311 INSURER A: United Fire INSURERS: Texas Mutual Insurance Co. INSURER C: INSURER D: INSURER E: rnvconr_cc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 85-034183 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE M OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY 12-019927 06/01/2005 06/01/2006 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) A ' HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY 85-034183 06/01/2005 06/01/2006 EACH OCCURRENCE $ AGGREGATE $ 2,000,000 X OCCUR CLAIMS MADE $ A - $ $ ]DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND TSF0001118874 06/01/2005 06/01/2006 U- OTH- X I WC STATIT E.L. EACH ACCIDENT $ 500,000 EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 500,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT I $ 500,00 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS./ VEHICLES I EXCLUSIONS ADDED BY NDORSEMENT / SPECIAL PROVISIONS °ity of Lubbock, its officers, agents and employees are named as primary additional insureds on ;eneral Liability and Automobile Liability policies, as respects to ITB #06-018-BM, Irrigation Well 0 Lubbock Application Site, Endt. #CG70 87 09 04 and TE 99 01 B 03 92. A waiver tevelopment f subrogationis also attached in favor of the City of Lubbock on General Liability, Automobile Aabil ity and Workers' Compensation policies. City of Lubbock c/o City of Lubbock Public Works Contracting Office 1625 13th Street, Suite 102 Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSUR ITS AGENTS OR REPR TATIVES AUTHORIZED REPRESENTATIVE j I' 11 ACORD 25 (2001108) OACORD CORPORATION 1988 6-4 -- ------- -- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) CG 70 87 09 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when ' you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such g person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. Such and advertising injury" arising out of the person or organization is an additional insured only rendering of, or the failure to render, any with respect to your liability for "bodily injury", professional architectural, engineering or "property damage" or "personal and advertising surveying services, including: injury" which may be imputed to that person or organization directly arising out of: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, 1.. Your acts or omissions; or opinions, reports, surveys, field orders, ` change orders or drawings and 2. The acts or omissions of those acting on your specifications; or behalf; in the performance of your ongoing operations for b. Supervisory, inspection, architectural or engineering activities. the additional insured. ..` 2 "Bodily injury" or "property damage" occurring A person's or organization's status as an additional after: insured under this endorsement ends when your a. All work, including materials, parts or operations for that additional insured are equipment furnished in connection with completed. such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Li CG 70 87 09 04 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 *15046230* 1111111111 IN 1111 No Text TO: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 CERTIFICATE OF INSURANCE DATE: TYPE OF PROJECT: THIS I5 TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard uolicv noted hereon_ TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ 11 Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'SRISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. 1 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during --x the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services._ CONTRACT f CONTRACT #6682 STATE OF TEXAS COUNTY OF LUBBOCK Goi� THIS AGREEMENT, made and entered into this 261h day of April, 2006 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Hi Plains Drilling, Inc. of the City of Abernathy, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #06-018-BM - IRRIGATION WELL DEVELOPMENT AT LUBBOCK LAND APPLICATION SITE -$85,898 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Hi Plains Drilling, Inc.'s bid dated April 111', 2006 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: 0 By: PRINTED N R-2 /71 �6��//Z �•P TITLE: if 0 COMPLETE ADDRESS: Company Addr30 City, State, Zip 1, 1 ] II ATTEST: lei Corporate Secretary ATTEST: City S&retary APPROVED AS T...' GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Hi Plains Drilling, Inc. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative WOOD FRANKLIN, CHIEF ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor , shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or "" removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or E Owner's Representative either before or after the execution of this contract, shall affect or modify any of the _ terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution _l and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests F I will be in accordance with the methods prescribed by the American Society for Testing and Materials or such k other applicable organization as may be required by law or the contract documents. 4 If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and -3 approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been -- charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive W compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra -- work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of Li insurance specifying each and all coverages shall be submitted prior to contract execution. 7 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Heavy Equipment Endorsement Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance —NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, 30$ 0,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Umbrella Liability Insurance- NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 9 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor 10 does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: -° (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 11 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000 (http://vww twcc.state.U.us/twcccontacts.html) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 12 (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided --3 to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS _ OF SUBCONTRACTORS, LABORERS. MATERIALMEN FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the 13 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in v this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $150 (ONE HUNDRED FIFTYI PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing us the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. 14 c_ IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which -} the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing 15 their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ -- somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be v; retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. 16 Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said _J partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete -' the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of. (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. ., 17 t When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the - _ amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by -; Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or 18 (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. — 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS �B The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the 19 Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. 20 In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrical Repairer -Equipment Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor -Trailer Truck Driver -Heavy Truck Driver -Light EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Hourly Rate 9.00 7.50 9.00 7.50 12.50 6.50 8.00 6.50 6.00 6.75 9.00 7.00 9.00 9.00 9.00 9.00 9.00 8.00 10.25 7.00 7.50 8.50 8.00 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS DEVELOPMENT OF THREE IRRIGATION WELLS AT LUBBOCK LAND APPLICATION SITE February 2006 U ..............................:.. m TECHNICAL SPECIFICATIONS TABLE OF CONTENTS 00001 Title Page 00010 Table of Contents DIVISION 1— GENERAL REQUIREMENTS 01100 Summary of Work 01300 Administrative Requirements DIVISION 2 — SITE CONSRUCTION 02520 Irrigation Water Supply Wells DIVISION 11—EQUIPMENT 11210 Submersible Pumping Equipment ATTACHMENTS A. Project Location B. Well and Pumping Requirements C. Drillers Log for Monitoring Wells 45, 43, 22 D. Irrigation Well Details (Typical) E. Well Head Configuration (Typical) F. General Land Office Map Development of three Canyon Lakes Irrigation Wells 00010- 1 02/2006 SECTION 01100 SUMMARY OF WORK PART 1 GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS A. The work of this contract is consisting of drilling three municipal irrigation wells --- and furnishing and installing submersible pumps for each well at the Lubbock Land Application Site. B. The wells shall be drilled at specific locations within the Land Application Site, located approximately 2 miles East of the East Loop 289 between 19`h and 50`h Streets, as directed by the Owner's Representative. Each new well shall be located within 50-feet of an existing monitoring well. C. CONTRACTOR's responsibilities include, but are not limited to, the following: a. Drilling, geological logging, and completion of the well in accordance with these specifications for each well. b. Furnishing and installing submersible pump, motor, column pipe, well casing seal, air release valve, PVC sampling tube, electrical junction box and pump cable for each well. c. Compliance with rules and regulations of the High Plains Underground Water Conservation District No. 1 and the State of Texas Well Drillers Board. d. Preparation and clean up of site according to plans and specifications. e. Contacting the State One Call Utility Location provider to locate all utilities in the affected area at least 48 hours prior to drilling. f. Site security and safety. D. Contractor will furnish all materials, equipment, supplies, and appurtenances; provide all construction equipment and tools; and perform all necessary labor and supervision. 1.2 CONTRACTS A. Contract Type: Construct the work under Unit Price contract. B. Contract time for the work to be performed will be 30 calendar days from the date specified within the Notice to Proceed. The Liquidated damages will be $150.00 per day. 1.3 CONTRACTOR USE OF SITE A. Access to Site: Limited to Owner and Contractor only. B. Coordinate use of site under direction of Owner's Representative. Development of three Canyon Lakes Irrigation Wells 01100 = 1 02/2006 PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Development of three Canyon Lakes Irrigation Wells 01100 — 2 02/2006 SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 COORDINATION AND PROJECT CONDITIONS A. Owner's representative shall be notified 48 hours before start of construction. 1.02 PRE -CONSTRUCTION MEETING A. Owner's Representative will schedule a pre -construction meeting after award of contract. B. Attendance Required: Owner's Representative and Contractor. C. Agenda: l . Designation of personnel representing the parties in Contract. 2. Scheduling. 3. Notice to Proceed. 4. Emergency telephone contacts for Owner and Contractor. 5. Procedures and processing of field decision, submittals, substitutions, applications for payments, Change Orders, and Contract close-out procedures. 6. Progress schedule. 1.03 SUBMITTAL REQUIREMENTS For bids to be evaluated, the attached bid proposal must be accompanied with the following information: A. Drilling procedures. 1. The Contractor will submit two (2) sets of the proposed drilling procedures for reviews and approval by the Owner's Representative. B. A pump curve derived from the manufacturer's certified testing of the pumping unit. This curve must clearly define the following information: 1. The actual testing conditions (i..e. temperature, fluid viscosity...) 2. The actual duty point. 3. An efficiency curve. 4. A brake horsepower curve. Development of three Canyon Lakes Irrigation Wells 01300-1 02/2006 5. Pump model number. 6. Pump bowl diameter. 7. Impeller diameter. C. A pump data sheet stating the following minimum information as derived form the certified test. 1. Gpm at the actual duty point. 2. Head at the actual duty point. 3. Pumping efficiency at the actual duty point. 4. Brake horsepower at the actual duty point. 5. Shutoff head. 6. Best efficiency point. D. A motor data sheet from the manufacturer detailing the following minimum information. 1. Rated RPM. 2. Operating Voltage. 3. Service factor. 4. Motor efficiency at full load. E. Transmit each submittal to Owners Representative: Wood Franklin, P.E. Chief Engineer Public Works Engineering City of Lubbock P.O. Box 2000 Lubbock, TX 79457 1.04 CONTRACT CLOSEOUT A. The Contractor shall submit well logs and reports to Owner's Representative. B. Submit manufacturer's product data for pump, motor, all fittings, valves and E piping used. C. Submit product warranties. D. Submit manufacturer's installation instructions. E. Submit manufacturer's operation and maintenance data. F. Contractor shall provide a material and workmanship warranty for one (1) year after the date of final acceptance of the work. Any defects found at the end of the 11 `h month will be repaired at no cost the owner. F_ s PART 2 PRODUCTS Development of three Canyon Lakes Irrigation Wells 01300-2 02/2006 Not Used. PART 3 EXECUTIONS Not Used. END OF SECTION Development of three Canyon Lakes Irrigation Wells 01300-3 02/2006 SECTION 02525 IRRGATION WELLS PART 1 GENERAL 1.1 SUMMARY A. Summary. This section covers specifications for the drilling of irrigation wells; installation of casing, screen, gravel packing and other well components; completion and development of the irrigation well; site cleanup and other activities related to a complete well installation. B. Section Includes. This section includes the following major work items: 1. Drilling of nominal 14 and 3/4-inch diameter bore hole. 2. Installation of nominal 8-inch diameter well casing and screen. 3. Installation of gravel pack. 4. Completion of well surface. 5. Clean up, reporting, and site safety and security. C. Unit Prices. Work under this section shall be paid for at the unit prices submitted in the Contractor's bid. D. Measurement Procedures. Measurements to be used for payment will base on unit values listed in the bid form. 1. Well bore depth measured in feet from surface to bottom of drill hole. 2. Casing length measured in feet of actual casing installed. 3. Well screen length measured in feet of actual screen installed. 4. Gravel pack measured in cubic yards of actual gravel installed. 5. Concrete surface seal measured in cubic yards of actual concrete placed. E. Alternates. Any alternate procedures or materials proposed by Contractor shall be approved by the Owner's Representative. 1.2 REFERENCES A. American Water Works Association (AWWA) Standard A100 for Water Wells. 1.3 DESIGN REQUIREMENTS A. Design Requirements. B. Performance Requirements. 1. Well Casing: Nominal inside diameter: 8 inches Minimum wall thickness: '/4 inch 2. Well Screen: Nominal inside diameter: 8 inches Minimum open area per foot: 115 sq. inches Nominal slot opening width: 0.05 inches Minimum wall collapse strength: 115 psi Development of three Canyon Lakes Irrigation Wells 02525-1 February 2006 3. Gravel pack nominal gradation: Retained on No. 7 sieve: 0% Retained on No. 8 sieve: 2% Retained on No. 10 sieve: 27% Retained on No. 12 sieve: 61 % - Retained on No. 14 sieve: 92% Retained on No. 16 sieve: 99% 1.4 SUBMITTALS A. Product Data. Furnish three copies of manufacturer's data for all products supplied under this contract. B. Submit copies of manufacturer's product warranties. C. Submit laboratory test data certifying compliance with specified gravel gradation and performance requirements. D. Submit one copy of Texas State Driller's License with bid. E. Submit two copies of well pump test data. 1.7 QUALITY ASSURANCE A. Qualifications: Driller shall be licensed within the State of Texas in accordance with Title 12, Chapter 1901 of the Texas Administrative Code. B. 1.8 DELIVERY, STORAGE AND HANDLING A. Contractor is responsible for securing, handling, and proper storage of materials. B. Contractor will not install damaged materials. Damaged materials will be replaced by Contractor at no cost to Owner. C. Contractor shall be responsible for proper disposal of all trash, construction debris, waste materials and other items requiring disposal that are associated with the project. PART 2 PRODUCTS 2.1 GRAVEL A. The gravel for gravel packing shall be silicate particles of rock referred to as Brady 8- 16 or an approved equal. Crushed rock not acceptable, less than 5% soluble in HCI. B. Gravel will meet the gradation specified in 1.3 of this Section. 2.2 CASING Development of three Canyon Lakes 3 Irrigation Wells 02525-2 February 2006 A. All casing material shall be new and shall conform to one of the manufacturing standards listed in Section 4.3, Table 2, A W WA A 100. B. Provide production casing made from new 8 inch nominal inside diameter carbon steel pipe with a minimum wall thickness of 0.250 inches. Pipe will be electric fusion welded with straight or spiral seam welds. C. Casing joints will be welded and strapped with four one inch steel straps spaced evenly around the circumference of the casing. D. Alternative well casing materials shall include high -strength, low alloy steel, stainless steel, and plastic. 2.3 SCREEN A. Screen will be made from carbon steel or approved equivalent and have an outside diameter equal to the diameter of the casing. B. Provide the length of casing for 80 to 90 percent of the thickness of the water bearing sediment. C. Manufacture screen from vee-shaped trapezoidal wire continuously wrapped around equally spaced vertical support rods also made from carbon steel. Each junction of the screen wire and support rod will be resistance welded. D. Provide screen with clear openings of 0.050 inch. E. Minimum open area per liner foot of pipe is 115 square inches. F. Provide welding rings on each end of the screen sections for welding the screen to other screen sections or production casing. 2.4 GRAVEL FEED PIPE A. Gravel feed pipe pipe will be made from threaded carbon steel. B. Feed pipe will be 3 inches nominal diameter with a Schedule 40 pressure rating. 2.5 PITLESS ADAPTOR A. General a. Furnish each well with a pitless adaptor unit constructed of steel with a minimum bury depth of three (3) feet and extended above the surrounding surface by two (2) feet. b. Provide a pitless adaptor suitable for connection to the casing and for use with submersible pumps. Weld the adaptor unit to the casing. B. Housing a. Construct housing of carbon steel with a minimum wall thickness of 0.5 inches and an inside diameter of at least two (2) inches greater than the well casing. b. The inside of the housing's upper end will have rounded edges to prevent damage to power wires. Development of three Canyon Lakes Irrigation Wells 02525-3 February 2006 C c. Coat housing with an NSF/FDA approved epoxy coating. Provide charts to Owner's Representative for color selection. d. Provide a three (3) inch nominal diameter discharge outlet with male NPT threads. e. Provide a watertight well cap for each unit constructed from carbon steel. f. Cap will be capable of being secured to the housing using stainless steel bolts and nuts with a minimum diameter of 5/8 inch. g. Well cap will have a flat neoprene gasket to provide watertight seal. h. Furnish dap with and air vent opening with a 16-mesh size stainless screen. i. Well cap will have an integral "wheater head" type electrical junction box suitable for two (2) inch electrical conduit. C. Internal Adaptor a. Construct spool of brass with lead content less than one percent. b. Adaptor ell will have female pipe threads on top and bottom suitable for connecting to the drop pipe and removal from the surface. Removal of adaptor ell will leave an unobstructed full pipe opening for easy access to the well casing. c. Adaptor ell outlet will have machined surface with a Buna N O-ring type seal that will seat against a receiver unit. d.. Receiver unit will be made from the same material as the ell. It will be mechanically retained on the housing with brass washer and nut. The outlet will be nominal 3-inch diameter with pipe threads. 2.6 CONCRETE A. Concrete used for the well construction shall meet or exceed the requirements of Section 4.3.5 of AWWA A100. B. Use a tremie or other approved method to place concrete in the annular well space PART 3 EXECUTION 3.1 GENERAL A. The price bid on each and every item shall include the furnishing of all equipment, materials, power, labor, tools, fuel and transportation necessary or incidental to completing and fulfilling the terms of this contract. B. Contractor is responsible for calling the State of Texas One Call System a minimum of 48 hours prior to beginning any excavation procedures. C. Contractor is responsible for safety at the site. Use adequate barriers to prevent unauthorized access to the work site and slush pit. 3.2 DRILLING A. Slush Pits a. The slush pits shall be dug by the contractor and shall have the following minimum dimensions: Length - 45 ft. Width - 8 ft. Depth - 6 ft. Development of three Canyon Lakes Irrigation Wells 02525-4 February 2006 b. Contractor will obtain approval for the location and dimensions of the slush pit location from Owner's Representative prior to excavation. c. Slush pits shall be filled and leveled by the CONTRACTOR during final cleanup. B. The well shall be drilled a minimum of 14 %" inches in diameter, from the surface to 10 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 Owner's Representative after the well is drilled. C. Drilling Methods. Acceptable drilling methods include reverse circulation rotary, direct rotary method, and mud rotary method. a. Reverse Rotary Circulation. When using this method no bentonite drilling fluid additives will be allowed. b. Direct (Mud) Rotary Drilling i. Drilling fluid additives used with this method shall be maintained within the limits set forth in Section 4.7.3 of AWWA A100. ii. Testing in accordance with Section 4.73 of AWWA A100 is required to ensure compliance with these requirements. D. Well plumbness and alignment shall not exceed the limits set forth in Section 4.7.9 of AWWA A100. 3.3 INSTALLING CASING AND PITLESS ADAPTOR A. Before the production casing is installed, the hole shall be clear of sand and cuttings at least to the depth of the top of the redbed or to the depth to which the production casing shall be - set as determined by the Owner's Representative. B. Approximately fifteen (15) feet of blank casing shall be installed below the bottom screen. C. Provide casing center guides at the bottom and at approximately 60 feet below the surface. D. Install Pitless Adaptor unit in accordance with the Manufacturer's written instructions. 3.4 INSTALLING GRAVEL PACK A. Place gravel in the well annular space using a tremie, gravel feed pipe or other similar method as approved by the Owner's Representative. B. Install gravel feed pipe to a depth of approximately three (3) feet below the bottom of the concrete annular seal with a minimum extension of two (2) feet above the surface. 3.5 DEVELOPMENT A. Development shall be accomplished by the use of a high-speed bailer that shall be equipped with a power unit capable of bailing with a bailer not less than 35 feet in length at a rate of 900 feet per minute. B. The well shall be bailed to a point even with the red bed strata and clear of mud and cuttings, the gravel elevation shall be maintained with in 10 feet of the ground surface. This process shall continue until the gravel has ceased slipping and return fluid is free L_ of sand and other fines. Development of three Canyon Lakes Irrigation Wells 02525-5 February 2006 1 3.6 TEST PUMPING A. Over pumping shall be the final development procedure. A vertical turbine pump capable of over pumping (producing more water than the well can yield) shall be set 3 to 5 feet off of the bottom of the well. B. Water discharged from the test pump shall be directed first to the slush pit to allow sedimentation of large particles. Precautions should be taken by the Contract to prevent excessive amounts of solids to leave the slush pit and to minimize erosion beyond the slush pit discharge. C. The well shall be pumped at high rates and backwashed until the gravel ceases to move and the discharge is clear. D. When the gravel is stable and the discharge is clear the pump shall be set at a rate that will cause the pump to break suction. At this point the pumping rate shall be decreased at certain intervals until the pumping level shows to be stable for a period of three hours. Records of the entire test pumping procedure including all measurements shall be submitted to the Owner's Representative following the completion of the well. E. The top of the gravel pack shall be maintained 10 feet from the ground surface during all development and testing work. 3.7 CLEAN UP A. During all phases of construction the work sites shall remain free of construction debris, boxes, paper, plastics, bottles and cans. The CONTRACTOR shall provide a trash receptacle at each work site and no debris shall be placed in the slush pits. B. Any holes not used for the production well will be filled in with a bentonite slurry mixture using the procedures outlined in Section 4.10 of AWWA A100. C. Contractor is required to fill in excavations and slush pit after it has dried sufficiently and level and compact the fill material to as near pre-existing conditions as possible. 3.8 SPECIAL INFORMATION A. The CONTRACTOR shall be especially cautious regarding fires. No firearms and no hunting shall be allowed on the project. All losses, injuries, damages and claims for the same that result from activities of the CONTRACTOR shall be the responsibility of the CONTRACTOR END OF SECTION Development of three Canyon Lakes Irrigation Wells 02525-6 February 2006 SECTION 11210 SUBMERSIBLE PUMPING EQUIPMENT PART 1 GENERAL 1.01. Section Includes A. Submersible pump and motor B. Column pipe C. Power cable, clamps, flex conduit and splices 1.02. System Description A. Submersible Motor B. The submersible pump described in these specifications shall consist of the following items: 1. Bowl assembly and motor completely assembled; 2. A metal or plastic shroud, which shall cause all the water entering the pump to flow past the motor; C. Column pipe; D. Power cable, clamps, flex conduit and splices; 1.03. Submittals A. Shop Drawings B. Product Data C. Samples D. Operation and Maintenance 1.04. Quality Assurance A. All materials and equipment furnished by the Contractor under this contract shall be first class in every respect, shall be constructed and finished in a workmanlike manner, shall be modern in design, and shall not have been in service at any time prior to delivery except as required by tests. Each component of this pumping system must be NSF approved. The pump bowl, motor assemblies and cable shall be adequately crated to prevent damage in shipment and shall be delivered to the well site only on the day that the equipment will be installed in each well. Column pipe and fittings may be delivered to each well site prior to the day each pump is installed; however, the material and equipment is the responsibility of the Contractor until it is installed and accepted by the Owner. 1.05. Warranty A. Contractor shall provide a warranty for one (1) year after the date of final acceptance of the work. Development of three Canyon Lakes Irrigation wells 11200-1 02/2006 PART 2 PRODUCTS 2.01. Components A. SUBMERSIBLE MOTOR: 1. The submersible motor furnished and installed under this contract shall be "NEMA Standard" submersible electric motor constructed in accordance with the Standards of the A.I.E.E. and N.E.M.A. The motor shall operate on 60-cycle, 3 phase alternating current, and 460 volts at a speed of 3500 R.P.M. Each motor shall have a horsepower rating equal to or in excess of the maximum load, which it will be required to handle, and shall have a 1.15 service factor on the output horsepower. 2. A metal or plastic shroud shall be attached above the intake of each pump in such a manner that all water entering the pump shall flow past the motor from the bottom to the top. B. SUBMERSIBLE PUMP: 1. The pumps shall have the capacity, setting, and total head as described in the Attachment "B". Each pump shall be the multi -stage type. The bowl shall be first quality, class 30 or better cast iron from a superior quality of iron remelted in a cupola, air, or electric furnace which will produce a metal that is tough and of uniform fine grains, without chilled surfaces, and which can be readily machined. All casting shall be clean, sound and without defects of any kind, which would impair the strength of the machine. No plugging, welding, or other repairing of defects will be permitted. The inside of the bowl shall be lined with vitra glass or baked porcelain enamel for wear resistance and efficiency. 2. The bowl shaft shall be ASTM A582 416 stainless steel. The shaft shall be ground and polished to provide a smooth bearing surface. 3. Bowl bearings and impellers shall be ASTM B 584 silicon bronze. The impellers may be semi -open or closed -type and shall be locked securely to the shaft with a stainless steel tapered collet. The impellers shall be properly machined, balanced and filed for optimum performance and shall be free of vibration. 4. The pumping unit shall include a check valve to prevent the reverse rotation of the equipment as the column pipe drains at pump shut down. C. COLUMN PIPE: 1. Column pipe shall consist of Schedule 40, Standard weight, T & C, random length, black steel pipe. The diameter of the column pipe for the well shall be 4 inch, the overall length shall satisfy the pump setting requirement as listed in exhibit "A". D. POWER CABLE: 1. There shall be furnished under these specifications a sufficient amount of power cable of proper size and voltage to reach from the motor terminal connection cable and shall extend into the junction box on the discharge head assembly. The cable shall be four -conductor standard copper, 600 volt, type THW. The wire shall be sized to adequately to carry the Development of three Canyon Lakes Irrigation wells 11200-2 02/2006 maximum load at which the pumping unit will operate. Each conductor to be encased in a moisture resistant plastic insulation. The conductors shall be assembled in parallel in a flat thermoplastic jacket, impervious to oil and water. The cable in the well from the junction box to the motor leads shall be attached at 20-foot intervals with flat plastic ties or a minimum of 5 rounds of black electrical tape. After the setting operation is complete, the cable shall be tested with a megger. Flex conduit shall be included with this project extending from the junction box to the rigid conduit stubbed in the concrete floor. E. WELL -SEAL ASSEMBLY: 1. The wellhead assembly shall consist of an appropriately sized mechanical well casing seal, an electrical junction box with flex conduit and a PVC measuring tube. 2. The well seal shall be made with two plates of high strength steel coated with a durable corrosion resistant finish. The plates shall be bolted together with zinc coated bolts and washers. The plates shall have a 1 '/a inch hole to provide for power cable entry into the well from the junction box and a hole of adequate size to allow for the installation of a 1 inch PVC tube. This tube will be used as a measuring tube. and shall be adapted to provide casing ventilation. These well casing seals shall be "WellSteel" as made by Cotey Chemical of Lubbock Texas or an approved equal. The casing size for each well site is eight (8) inches. 3. The measuring tube shall extend from the top of the pump unit to a tee adjacent to the bottom steel plate of the well seal, through the well seal to a tee six inches above the upper steel plate. The run of this upper tee shall be in the vertical position and plugged water tight, the branch of this tee shall have a PVC nipple and a 90 elbow turned to the downward position. The open end of the elbow shall be covered with a # 16 wire screen mesh. The tee adjacent to the bottom steel plate shall have the branch open so as to provide ventilation to the casing. All PVC pipe and fittings shall be schedule 40 with threaded joints and connections. 4. The column pipe shall extend trough the casing seal four inches and shall terminate with a 4 inch by 4-inch tee. The vertical run of the tee shall be equipped with an air and vacuum release valve that operates effectively in a pressure range of 2 —110 psi. The branch of the tee shall be facing the existing discharge piping. PART 3 EXECUTION Not Used END OF SECTION Development of three Canyon Lakes Irrigation wells 11200-3 02/2006 ATTACHMENTS I EAST 19TH STREET T EXISTING MO-45 ° PROPOSE �144 EXISTING w _4 MO-43° >. PROPOSED 8 [CL-47 W °ciao N oaU g 2! T pe � ib00 oar ioe0 um aaI P32 CL36 - - Moss ° EXISTINI -22 °a» PROPOSED . ° oCLI CLI — aT o _ ..... °rots Co _ ° as MU3 aa+1 o (+ ° Cm - CL9 o auo CLIP u EAST 50TH STREET Lj -- t - NoiffH APPLLICATIBC ON SITE 1 t T o d � llmT PROJECT LOCATION ATTACHMENT A N.T.S. Well Data for Proposed Irrigation Wells Name Location Bore Hole Canyon Lakes Well # 46 75-feet SW. of Existing MO-22 14 and 3/4-inch Canyon Lakes Well # 47 50-feet E. of Existing MO-43 14 and 3/4-inch Canyon Lakes Well # 48 50-feet E. of Existing MO-45 14 and 3/4-inch Well Data for nearby Existing Monitoring Wells Name Total Depth Depth to Water MO-22 173-feet 70-feet MO-43 170-feet 86-feet MO-45 170-feet 72-feet Pumping Requirements for Proposed Irrigation Wells Casing Size 8-inch 8-inch 8-inch Name Pump Setting Pump Capacity TDH CL46 165'-175' 150-gpm 165-feet CL- 47 165'-175' 150-gpm 180-feet CL-48 165'-175' 150-gpm 165-feet ATTACHMENT B Citr•ai lAbock »QM5.34: P. 4. .... ._ _. (its: Lublaci..............'t,!e• it '��•�.:; _ Mitt to - l;r::t:JA ft:a •`isRl-IESti'1P1J,11l1...._......._....----•--------•--.......... =�E ��'�tNEil !6iiP 0 • ..•t �E-1?c MCP►:-41M dell_.....-' •1i?4??YEG �:E:•1c^,tar ......... :-�PIl:ING 40401- .py. .................. .. ......... _............ - aEl: l:6::: CATER OF HOLE: ENLETION: blieeter Frail to trartt hatkett I1Ne Ortli/s!t a Ii 6,utl Pac1N.. ilve titer+al 3tartM: X;3121 iron :! Ft. to IN Ft. Cospletedt 0211ittt Iraq Ft. to Ft. -. .. M ______••rr__r••• r__r•_r_»_«af_M._____r__«____w_a______r_•rr_«___r___.•_w«___r•-a___-_ aE�iKttAll OE3UUttONi� ail CA31M N RANK PIPE, III! MElt SCAEEN O4% Frm- To. kwiptiai ill& koillsed hocnpties Fret to lago Casing Screen $ 2' 14ila 1 4 e ►last Pvc fr h 3 sail► 4 2 ; callchi 4 A. slatted M. 3- 175 .040 3 6 calidw Ad smo# 4 • btaei It 17S too sc1. 4 #A 12' twt no saute► cl ro and ,,. �� � � s#IMs�As�: etrea f i. •-�.».rw__.»w. so OW. «_.•Y_N _rN__ _ w•.•_r _w»_«__»_»_w __ ««r•_ar _ _w_ w_rr-r _•• N hard samistane atsand. - 41 CEME�flMa DATA 34 et sutf and sandy claw Caseated Fran 0 Ft. to 11 Ft. Ntl. of Sacks Used: _ 61 102 Iooet seed i saelsta» streaks Ft. it Ft. Its. of Sash UsM: 142 1:0 toose sold, ciav t sudstoae Netbod Well: :Iw 164 clan lt4vei ! oudstaee streak Coseatod Nr: Ni Plains Orilliufr tnc. 1M IN loose one i graver tYO tall titlstCsd `' lot. SUWAU CQpmin "• _�...-..}....•... AWoved Alternative Procoe4we Used `4, .f,* N+-•♦_•VM+q _�_wr _rr_r N_•••__ _w_ r•wwa...»«fir»• _ � S _a..r_iii-or____r'1.��f..'.. .-1l•R'�Tl{�y *, ° r.-.c. .�. :'� .+1 v," a .. _ _ - 9t ft t1441 : Ft. hilt 8roundeWel Sate: ' Artedias Flo*:: sm D:tee _. .___.:.ter._...__..._.w.._..._«_.._.._w«------:-»__--•-•:»w_»»_.r»_.__:_____«_._. ------- •___---- 12t PACKEASt Type 9tptb r»_»__........... Depth to Peep: Ft. Tiede 91 eith ft. drWom after tire. la? tIRTFJ alMl.lflt t.pe of. Miter? Deptit of Strata las Cheelcal Onsirsis Nast? a _ W-lid Mllial poutrats any strata cantaseieg v*Mif'bit cetstitvuts? if YES. uM AEM OF UNK31MR9 VAtU Fleits Orilli • » -• ----------_---».----__—_ nlr Inc. NElt 011.101'1 LICENSE Nil. 1171r s For tK ase osIv i 0=531t 0.a. be rh CITY: Alernatbt fTATEtt>1 Ft►: 71311 s ileil s lacated no Pop t hortb+ certify that this all Mae drilled by at tar Weir ev supervisteef =•�=u:s�,:�,,,,�,,,:,n,::„ and that tact ad all of the stitemts herein art true to the lost of sr tnoMlepe and belief. I. usdorstmd that failure to copltte itm I thrs 13 Mill 'Mgt is the lolls) bring retwood for coeplttioe aM rosubeittal. R tSigetll-_.__»___rw_rr_..._..._.__r»»_._._ t3iloMl r»._»__.__..._•_. iliceasei Mill Oriiltr) (AelisterM Ort ATTACHMENT C '1100) -C: t, of Lubbock .. ..-A"WESS: -P. •0. te: ;n�:►_ - .. .... ..:._.._._..-..-.._-- -... -- LX41tbt: JF o L: tcwat.: Lubbock �� NitN la ,-_ -=et,. _,c9.::k- - i6:t-: -- .............__._...---------._..----------._........_.---.._.....•--•.------....-•---•--..._.------•---••-___----••--- . dlrectm •rs;o L-Abxt - 3 Lt:SiL pESJttFTION: t SEE Alta*& MAP m 0 q3 �� i:PE OF MORE: Nett Yali •--1-•iiwi;oEP .. USE:-yaitor- ---------- - • - ---- ------ ----------••-------...-- S! fiAll'cJt,ri "Ei�(!: lk�0-g0!irr ........ _ _...._......------------_._... �+-YEIt l/�1t-/4� . _.----•/LiiEtER /F NOtE:-----------------T.•-i61ELEt10R: bato Mtilinft Oiaejree frivol Pict" t t _u Start": 01i?3N1 In if frivol Picked.. live later•.al CapletN: 04/23191 free b@ Ft. to 1,73 Ft. . - OE40RICAt KSCRIP110N: free Ft. to Ft. -«•-_._—________________•-»--------___NNN__.N.._ *a- tip- /! CADIND, RJM F, AM NELt SC/EEN DATA•- w---- kwittiis i . 2 soil /ii Nwllfsa wars tioi Free To life Casial Scree 4 S t�lid� ee ' N INC tip" 4 N 2 N sch.4 PR Scrom N w r caj ae as spa f, k 11 s clip,/,catiche, tit .040 4 N fR Wank lie 17S sd. acts M tear# saolstow, sib •----»_-N-N__ ""-.•..'."""_.--------N.____. sea, sanlstono tr'xas 9 N _ if f3! sins, sing red clay, _ sandstone Goat" Free ® Ft: To 0 Ft. a. of Sicis Used: 135 coarse_ wfg clay. soul Nethod Us": Ft. To Ft. No. of lids Used: /ravo! is# 172 csiiroo said, di to clay Ceoeoted By: R1 Plains tirillia/, Inc. 112 iM lisestone '_'__---_----••--------------------_-.N:__N r .;. ••---•-••••-------• Approved Altwrative Procowwo User? n - -•..�._/•i_rr.•r_NNNr..—NNNN_N .N_N-------------- - Static Level : Ft. 1NoM Ground Leval Date: Artmdm Fla: 99. late: __«�-•.Ny-__-.-. 12) Pam. Tpoe ------------ — y In TITS P1Nfh NN__�_•______N_____14) CELL TEST. • `•N"`-''-••'-_•'-__--------»M«-_-N»__•» to • • Ft' ON ritA ft. riudpw after hrs. 1S) NATO MITY• •-------------•------_•--»_____N-------•--••---------------»-----------------------_-----•--- - tea 0444t sf �wtar? . NO -•Did Depth of strata Ike Musical Apalvsis IYdet a i N penetrate in/ strati coataioial wdNirsble constituents? if YE9, sow AEPORT w umillmou NAtER --•-•---•------•••_--•-----------•------ WAR MfYfE: Ni Plain/ Q►iliin/, Inc. NELL MILLB-9 LICENSE NR. s"30� s -- T-- use ally ADDRESS: P.O. Dos T3i .._CITY: Abernathy STATE: i;i ZIP: if iti = Nil Ns. ---» - = Lieited an M� __NN___N--•- _ I hereby unify that this cell 1w drilled by if tar undo, oy suparvisiosl___. that fallwo to coapieto itas and that eub as All of the statements herein are true t0 the bat of iy kmml Lj i thro is will reselt in tho lefts) boinf retdrnW far oMlet� l eadrstAnd F (signed) JSifneA) _j ____;ii—pn-ii r-ii �:;li;ri___.___.N »_._ ��i�i�N c:►ii ATTACHMENT C 4,` �iACwtli >IIEil2 i.v�t.::�Eb►:}(i�Eo�: F. o. b, :f City: tubbed Rim f i -a: '145. hltat i� - direc►:on irea tjlEvif - '__.......-------......_._._ LES.�iKKA1P1IOM: ...._.._._._.---••-----...__-...................---......_.....__.. M0q,a A"Am NAP ,. ; .. .. .N.-----..--»-._-_.-.---.-.-----.N•.-.----•----------N-- ,} tYfE W 9w: New Veit PkOFOO USE: Nonitar S! DRIUtNi IIE1i{QZ► - ----------------------- ._ ----- - �/4I�oterti WIL iosi-+s - . _DiNSTP W NME:_..._..__Y.__._. 'iiFEN U cai+ miaili-----...--------._......_....._. Nanter Fro to ira.e! Picked late drilling: t 1:2 o iO3 If SrcrN PackM.. rfiie IntK:al - � 9tartNi diillNt from A Ft. to i:0 Ft. emitted: #3/a/!1 fro, Ft. to Ft. ...».»..»...._ .N»._..NedY-•N •NNN.wNed..•... iE�0i1CAL IEBCNIlfIMk-----_------ed.-r»N_-----------------------»ed_N.» 1) CAVOL RMlt PIfL Ali/ tint SCI o OA T! - ry Fre, t� MicriPtiM No ilsr/Usal Description Fro, is oNY 11a* In 1Cig.n1 Screen i catid,• i R slotted M iF lot, $ea•ir clew 1 cdIc1* 1 , blank P4 lit fit ur. ! !! ' Irk cliff 1 welt c14Y of .._._•"'_.__------- ' ii ' sad oaf s�ote�t•' .:. NNNw..w»_Ned. t• saeton� >I .rag claw •;_....NN_w_NN_N..»N....._»N.�..._..._.N..:N.N»N__N...�_ COWIN Elio 10t sanlstene ti sudst"s struts Canted Pros o Ft. to 2, Ft. IL of Sacks Used: lot III $"toe ad "NO clew • Ft. T, Et. Vs. of Sacks Used: Ili !2t` seed; sodston, t clay Now U:N: . 14 film loft sw � clay . Cs"ked /Yt Vi Plain Drilling, lot. Approved Altwa&tiw Proce"ae &W '���#" ' ' ' �..��,,.��.,�� -its. Vr4 ��! »»•_` - � > r' .. ;� " »3.:7i'' � �4��4•t: . .__.Ned•... ••!�.+.+..w...w.r.� Raflt leYet 1 .' Ft. DNM ll(o ' pia{ mot ..N..N._._....NN Artesia, Floe: 6PN. gate. ..»> .edw•«N.rNNw_w _Ned .M..N•.ed»..,.»_N.» _N__.rN.._NN._r• -t2) PAS type red pth »---N..ed._•---»_N__N.__ •N••N. reded_r.N»N•.w.•edN. i3) rim W.: 141 VEll. tut: «N..............red._..N.•N_...N.•..N_.»..»N.N.ed path to ► e: Ft. Yields DPN with It., kaedaw after Ara l� ........... N___N._ --------- iM..� ._r._.... _.___.r•_._.....•.•_._____Y__N.•_•.._..•••_•---_•••._r.N_N_.__._.•N..•N... -•__�� t t�►y i t+/o of Voter? NO --lid drillingPiItA of Strati Mu Chadic Analysis Nat? MI wesetrato my strata coatainilf up"rarle costiteentst if al seal sis KM . No1ESIAADLE 1AtE! _..- •ed_.•.... r.•....•.r..r.... _.._._.._• • - Eiv� ....•M..r._• CNP ANY NiO: Vi Plaies OritliInc. HELL DIttLLEV'8 LICENSE III. F a Far tie an atr Y----------- ti - •=• "� CITY: STA1E: tl Ill: Ml l :Yell IM. _ _ i l Located en Map—__N-_--_N » . t AKNti certify, that tills wll was /rit1e11r ee tot w►dK a�► sewKvisian) »�w�„s,,,�11""11,,*_;,,� and that eadb and all of tM sta(Iaents Mrein are true to tM best of ew knorle/we ae1 belief. t understand that fall" to codplete ltas 1 thre 13 rill resell in the toiif) being retuned far ca"Ittla ant resrreittal. i DI - w ) �,.N._ed------ _-_ (Sipw) Mimed Vol Driller) ._.». ._..__IRyistered Drill; ATTACHMENT C 6'X6'X4"REINFORCED CONCRETE PUMP BASE W/ #4 REBAR 6"O.C. EACH WAY 2'X2'X2' REINFORCED CONCRETE BLOCK, WITH #4 REBAR 6" O.C. EACH WAY, (r-j / SLOPED AWAY FROM WELL CASING AT 0.25" M 70' -90' TO WATER TABLE TOTAL DEPTH: 170' 180' GROUND SURFACE NEAT CEMENT ,(PRESSURE GROUTED) 143/4' DRILLED HOLE 8' DIAMETER WELL CASING BENTONI TE GRAVEL MUST EXC ff D WATER LEVEL BY 5 'via BRADY GRAVEL OR EQUIVALENT �f. CENTRALIZERS :tomEVERY 401 81 DIAMETER WELL SCREEN .i IRRIGATION WELL CONFIGURATION (TYPICAL) NOT TO SCALE Y Y Igo Y 0*4�I ATTACHMENT D 2'X2'X2' CONCRETE POWER CABLE ENTRY PUMP BASE AND JUNCTION BOX EXTERIOR 10.25' STEEL CASING INTERIOR 8" CASING 0 - 0 DISCHARGE O PIPING 0 0 4' NPT STEEL TEE, AIR VALVE _. AS SPECIFIED WELL SEAL INSTALLED ON OUTER STEEL Ii CASING 1' MEASURING TUBE CASING VENT _1 PLAN VIEW N. T. S. 1" AIR VALVE 1' TREAD 1" PLUG FOR MEASURING TUBE 4' STEEL TEE JUNCTION BOX 0 1' TEE C 4" 90• BEND WITH WIRE MESH WELL SEAL BY COTY CHEMICAL - 1" TEE , 4' COLUMh PIPE EXTERIOR 10.2 ' STEEL CASING , POWER CABLE CONCRE PUMP BL K INTE IOR t t T 8" PVC CASING 4i PROFILE VIEW N.T.S. -WELL HEAD ASSEMBLY FOR LLAS IRRIGATION WELLS (TYPICAL) ATTACHMENT E M 30 R INV Olt ;i�,t�� ����, Imo\ '� '� �i�� ►. %�� a 'IRMlN r�. 1' , l+� Kv `������; ��►r,. ,�� M24 alas 101 820 -,N-44_