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HomeMy WebLinkAboutResolution - 2013-R0306 - Contract - Thunder Well Service LLC - Well Plugging Services - 09/26/2013Resolution No. 2013-RO306 September 26, 2013 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11475 for water well plugging services, by and between the City of Lubbock and Thunder Well Service, LLC. of Shallowater, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on September 26, 2013 GLEN 4ROB�2ERKSON, MAYOR ATTEST: '. 0 4Z -e � -5K7 Reb cca Garza, Cit} S-ecretalu APPROVF,D AS TO CONTENT: R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Contract-Thunder Well Service September 3, 2013 Resolution N0. 2013-RO306 City of Lubbock, TX Contract for Water Well Plugging Services Contract 11475 THIS CONTRACT made and entered into this 26th day of September, 2013, by and between the City of Lubbock ("City"), and Thunder Well Service, LLC, of Shallowater, Texas, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Water Well Plugging Services and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Water Well Plugging Services. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Water Well Plugging Services and more specifically referred to as Item One on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of six months said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 30 day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE Commercial General Liability General Aggregate Products Comp/Op AGG Personal & Adv. Injury Contractual Liability Heavy Equipment XCU To Include Products of Complete Operation Endorsements AMOUNT 1,000,000 Automotive Liability 1,000,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts Employer's Liability The City of -Lubbock shall be named as an additional insured on a primary and Non - Contributory basis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 8. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13- 11475 -TF, Specifications, and the Bid Form_ IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF 'B••. Mayor ATTEST: Re ecca Garza, City Secre APPROVED AS TO ONTENT: R. Keith Smith, P.E., Director of Public Works APP V AS O FORM: Chad Weaver, Assistant City Attorney CONTRA O BY g Authorized Re sentative (Gis c 6'rz S Print Name Sys Addrr r Q 7 � G City, State, Zip Code City of Lubbock, TX Water Well Plugging Services ITB 13 -11475 -TF SPECIFICATIONS INTRODUCTION AND OVERVIEW 1.1 The City Of Lubbock owns 17 abandoned public water supply (PWS) wells in the Shallowater well field, two abandoned PWS wells in the Bailey County well field, and one abandoned PWS well in the Lubbock water well field. The City intends to plug these 20 wells in order to comply with the Texas Commission on Environmental Quality (TCEQ) regulations. 1.2 The intent of these specifications is to describe requested water well plugging services to be performed as needed for these City owned public water supply wells in the various well fields. 1.3 Term of contract is to be 6 months for completion. SCOPE OF WORK 2.1 The vendor awarded this contract shall remove an estimated quantity of 19, easily removable, steel well houses. The vendor shall remove all removable column pipe, and all associated surface equipment. The contractor shall also permanently cap the underground discharge piping. There are no pumps in these wells, so removal will not be required. 2.2 All electrical distribution equipment beyond the incoming electrical service will be removed by others prior to the well plugging project and will not be part of this contract. No electrical power associated with the water wells will be present when the plugging project begins. However, all remaining pumping panels, service wiring, or any other electrical apparatus shall be removed under this contract. 2.3 Each well shall be entirely filled with clean bentonite grout via a tremie tube from the bottom of the well up to the land surface. Bentonite grout shall be mixed to a minimum of 9.1 pounds per gallon weight followed by a cement plug extending from land surface to a depth of not less than two feet. 2.4 The contractor shall completely clean the land surface to remove all evidence of the well and return the site to that of the surrounding area as nearly as possible. No trash or rubbish shall be left behind or buried at the well site. These materials must be completely removed and discarded at appropriate waste disposal sites by the contractor. 2.5 A City representative shall inspect the sites after completion of the work to ensure compliance of the entire scope of work. Any areas of non-compliance will be directed to the attention of the contractor and be scheduled for immediate correction. 2.6 Contractor shall complete a plugging report for each well within 30 days of completion. All data included on the form shall be correct and without blanks. A copy of this report shall be submitted by the contractor to the Texas Department of Licensing and Regulation (TDLR). An electronic copy shall be submitted to the City's representative in .pdf format. The contractor shall also keep and maintain a copy of this record. 2.7 All work shall comply with TDLR, TCEQ, and Water Well Drillers and Pump Installer's rules and regulations. CONTRACTOR REQUIREMENTS 3.1 Contractor shall provide all necessary trucks, tools, fuel, equipment, materials, travel expense, per diems, staffmg, and etc. to perform the tasks outlined in this contract. 3.2 Contractor shall exercise diligence to provide a safe working environment for their staff and for City staff. All applicable industry safety standards shall be followed. ATTACHMENT A 16 TAC § 76.104Technical Requirements --Standards for Capping and Plugging of Wells and Plugging Wells that Penetrate Undesirable Water or Constituent Zones ATTACHMENT B 12 TOC § 1901.255 Plugging Water Well ATTACHMENT C TDLR FORM a004WWD ATTACHMENT D Map of 17 wells in Shallowater well field - Two abandoned PWS wells in the Bailey County well field and one abandoned PWS well in the Lubbock water well field (Not Pictured). Texas Administrative Code ATTACHMENT A TITLE 16 ECONOMIC REGULATION PART 4 TEXAS DEPARTMENT OF LICENSING AND REGULATION CHAPTER 76 WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS RULE §76.104 Technical Requirements --Standards for Capping and Plugging of Wells and Plugging Wells that Penetrate Undesirable Water or Constituent Zones (a) All wells which are required to be plugged or capped under Texas Occupations Code, Chapters 1901 and 1902 or this chapter shall be plugged and capped in accordance with the following specifications and in compliance with the local groundwater conservation district rules or incorporated city ordinances: (1) all removable casing shall be removed from the well; (2) any existing surface completion shall be removed; (3) the entire well pressure filled via a tremie pipe with cement from bottom up to the land surface; (4) In lieu of the procedure in paragraph (3), the well shall be pressure filled via a tremie tube with clean bentonite grout of a minimum 9.1 pounds per gallon weight followed by a cement plug extending from land surface to a depth of not less than two (2) feet, or if the well to be plugged has one hundred 100 feet or less of standing water the entire well may be filled with a solid column of 3/8 inch or larger granular sodium bentonite hydrated at frequent intervals while strictly adhering to the manufacturers' recommended rate and method of application. If a bentonite grout is used, the entire well from not less than two (2) feet below land surface may be filled with the bentonite grout. The top two (2) feet above any bentonite grout or granular sodium bentonite shall be filled with cement as an atmospheric barrier. Bentonite grout may not be used if a water zone contains chlorides above 1500 ppm or if hydrocarbons are present. (5) Undesirable water or constituents shall be isolated from the fresh water zone(s) with cement plugs and the remainder of the wellbore filled with neat cement or clean bentonite grout of a minimum 9.1 weight followed by a cement plug extending from land surface to a depth of not less than two (2) feet. (b) Large hand dug and bored wells 36 -inches or greater in diameter to one hundred (100) feet in depth may be plugged by back filling with compacted clay or caliche to surface. All removable debris shall be removed from the well. If the well contains standing water, it shall be chlorinated by adding chlorine bleach at a rate of one (1) gallon of bleach for every five hundred (500) gallons of standing water. The backfill material shall be mounded above the surrounding surface to compensate for settling. (c) Wells which do not encounter groundwater (dry holes) may be plugged by backfilling with drill cuttings from total depth to the surface. The backfill material shall be mounded above the surrounding surface to compensate for settling. (d) A non -deteriorated well which contains casing in good condition and is beneficial to the landowner can be capped with a covering capable of preventing surface pollutants from entering the well and sustaining weight of at least four hundred (400) pounds and constructed in such a way that the covering cannot be easily removed by hand. (e) For the purpose of plugging a well, any licensee or landowner can remove the pump. Source Note: The provisions of this §76.104 adopted to be effective March 1, 2013, 38 TexReg 1142 Texas Occupations Code ATTACHMENT B TITLE 12 PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY CHAPTER 1901 WATER WELL DRILLERS ADMINISTERED BY TEXAS DEPARTMENT OF LICENSING AND REGULATION RULE §1901.255 Plugging Water Well (a) In this section: (1) "Abandoned well' means a well that is not in use. A well is considered to be in use if: (A) the well is not a deteriorated well and contains the casing, pump, and pump column in good condition; (B) the well is not a deteriorated well and has been capped; (C) the water from the well has been put to an authorized beneficial use, as defined by the Water Code; (D) the well is used in the normal course and scope and with the intensity and frequency of other similar users in the general community; or (E) the owner is participating in the Conservation Reserve Program authorized by Sections 1231-1236, Food Security Act of 1985 (16 U.S.C. Sections 3831-3836), or a similar governmental program. (2) 'Deteriorated well' means a well that, because of its condition, will cause or is likely to cause pollution of any water in this state, including groundwater. (b) A driller who knows of -an abandoned or deteriorated well shall notify the landowner or person who possesses the well that the well must be plugged or capped to avoid injury or pollution. (c) Not later than the 180th day after the date a landowner or other person who possesses an abandoned or deteriorated well learns of its condition, the landowner or other person shall have the well plugged or capped under standards and procedures adopted by the commission. (d) Not later than the 30th day after the date the well is plugged, a driller, licensed pump installer, or well owner who plugs an abandoned or deteriorated well shall submit a plugging report to: (1) the board of directors of the groundwater conservation district in which the well is located, if the well is located in the boundaries of a groundwater conservation district; and (2) the executive director. (e) The department or the groundwater conservation district in which the well is located shall furnish plugging report forms on request. The executive director shall prescribe the content of the forms. Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 19.013, eff. Sept. 1, 2003. ATTACHMENT C Texas Department of License and Regulation Water Well DrillerlPump Installer Program This form must be completed P.O. Box 12157 Austin, Texas 78711 (512)463-7880 FAX (512)463-8616 and filed with the department Email address: water.well(u�.license.state.tx.us within 30 days following the PLUGGING REPORT plugging of the well. A. WELL I1DENTIFICATION AND LOCAT10N DATA 1 'Q"ER Name Address City State Zip MW LOC-ALT1074 County Physical Address City State Zip 3 Owner's Well No. Lone. Lat. Grid # 4) Type of Wel[ J Water LJ Monitor LJ Injection LJ De -Watering 5) NT Doll, Pump Installer, or Landowner performing the plugging operations must locate and identify the location of the well within a specific grid on a full scale gndded map available from Texas Natural Resource Information Service. The location of the well should be denoted within the grid by placing a corresponding dot in the square to the right. The legal description is optional. H) HISTORICAL DATA ON WELL TO DE PLUGGED (ifavatilahle) 6) Driller License No. 7) Drilled / / 8) Diameter of hole Inches 9) Total depth of well feet. C. CURRENi<r PLUGGING DATA 10) Date well plugged / / 11) REMOVE ALL REMOVEABLE CASING Please check box beside the method of plugging used Tremmie pipe cement from bottom to top. Tremmie pipe bentonite from bottom to 2 feet from From surface, cement top 2 feet. Pour in 3/8 bentonite chips when standing water in well is less than 100 feet depth, cement top 2 feet. Large diameter well filled with clay material from top to bottom. 12) Name of Driller/Pump Installer or Well Owner performing the plugging License No. 13)CASINGAND'CEmvmNGDATARELATIVETO' HE.PLUGGINGOPERATIONS CASING LEFT 1N. WELL DIAM-ETER inches FROM feet TO feet G EI9TQ4NITEPL9GR j PEE CES IN WEL1, FROM (Fleet) TO (Meet) SACKS R VALIDATION t 1INFORMATIGN INCLUDED IN FORM I certify that I plugged this well (or the well was plugged under my supervision) and that all of the statements herein are true and correct. I understand that failure to complete items 1 through 13 will result in the report(s) being returned for completion and resubmitted. Company or individual's Name (type or print) Address City State Zip r 1 r IISCe� n[IuerlFur�Ep:$ falter gate Apuw Dale TDLRFORM a004WWD White -TDLR Yellow -Owner Pink-Driller/Pump installer nAr. (z) rf E�l 14 2L t 17 Ln Ff It W, 471 Gn 11m, I All jI r7- X"ammk&wr,- owl& PON, EW�Nt;; nin yin HID FORM Water Well Plugging Services City of Lubbock, Texas rM 13 -11475 -TF In compliance with the Invitation to Bid 13 -11475 -TF, the undersigned Bidder having examined the knvitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously ung (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 1311475 -TF is by refamrice incorporated in this contract. The Bid Form mast be completed in blue or black ink or by typewriter. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of Z °i6, net J calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successfiul bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs lata. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or atter the date of acceptance that meets contract requirements, whichever event occurs Iater. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include awry provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or of%r fbr sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(z) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower prices) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 79i, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entitles that might have Interests in this contract sin Frensblp Independent School District, Lubbock Housing Authority, Lubbock County, Labbock County Hospital District, Lubbock Independent School District, South Plasms Association of Governments, City of Tezarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of WolitortIL YES_ NO Q:P=hasdBid D0mV TB 13 -11475 -YF, Wa1v Wdl Ph"i" Swvjm QTY UNIT OF UNIT PRICE BID EXTENDED ITEM MEASURE DESCRIPTION COST L 20 EA Water Well Plugging Services at various locations, as �� �p17 gZOO CI specified herein. Total Cost (Item 1) PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of Z °i6, net J calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successfiul bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs lata. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or atter the date of acceptance that meets contract requirements, whichever event occurs Iater. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include awry provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or of%r fbr sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(z) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower prices) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 79i, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entitles that might have Interests in this contract sin Frensblp Independent School District, Lubbock Housing Authority, Lubbock County, Labbock County Hospital District, Lubbock Independent School District, South Plasms Association of Governments, City of Tezarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of WolitortIL YES_ NO Q:P=hasdBid D0mV TB 13 -11475 -YF, Wa1v Wdl Ph"i" Swvjm If you (the bidder) checked YES, the following will apply: Governmental entities utilizing Lrterlocal Agreements for Cooperative Puffing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts Each governmental entity will order its own matdials/service as needed. TFUS BM IS UBMITPED BY / hvo)lf W)eBcri��a corporation organized under the laws of the State of or a partnership consisting of or individual trading as of the City of ShK �l�aW.� Firm:cr IL1,0 <el[1l44 4.LC City: Bidder acknowledges receipt of the following addenda: Addenda No. / Date / Z Addenda No. Date M/VVBE By v, Stade: _ zip 7 '?.3tS3 Addenda No. Date Addenda No. Date Authorized Relifesentadve - must sign by hand Officer Name and Title: c�i�t�5 CS ®��� Aw e Please Print �Q Business Telephone Number G� ?,eJp tl X06 FAX: F06 F3Z- 0 7e% 7 E-mail Address: u�a�'��'*'!�t—V 9 �`tR.l C-01" FOR CITY USE ONLY Bid Form item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council Obr bids over $50.000): 1 Date P.OJContiact Issued RETURN COMPLETED & SIGNED B® FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS` LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TEMP, AND YOUR COMPANY NAME AND ADDRESS. Q Purctm9dBid Doc&M 13-114754F, Water wait Plugging Services