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R-90-1413 - 2/8/1990WHEREAS, the City of Round Rock has duly advertised for bids for the development of water wells at the Round Rock golf course, and WHEREAS, J. L. Myers has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of J. L. Myers, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of J. L. Myers is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to execute on behalf of the City a contract with J. L. Myers for the development of water wells at the Round Rock golf course, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 8th day of February, 1990. ATTEST: ANNE LAND, City Secretary CWP- RS02080C RESOLUTION NO. /4/3 R MIKE ROBINSON, Mayor City of Round Rock, Texas 3409 Executive Center Drive Suite 226 Austin, Texas ierd1 5121345-2379 R. W. Harden & Associates, Inc. Consulting Hydrologists and Geologists Mr. Al Wiley City of Round Rock 214 East Main St. Round Rock, TX 78664 February 1, 1990 Re: Golf Course Well(s) - Recommendation for Contract Award Dear Al: MT:dw 192 /NW Enclosure We were as surprised as you that only two bids were submitted for the golf course well(s). Copies of the specifications were requested by seven drilling companies; four statewide and three local. Two of the three local drilling companies contacted us explaining that they were unable to bid due to difficulty in obtaining appropriate bonding. It is very likely that the third local contractor had similar difficulties. Of the four statewide drilling companies, two submitted bids, and we do not know why the other two companies chose not to submit. It is fortunate, however, that of the two bids submitted, one is quite favorable. After reviewing the entire bid proposals, we recommend that J. L. Myers Co. of Dallas, Texas be awarded the contract. The base bid amount submitted by J. L. Myers Co. was $66,708. Adding $2,135 for appropriate performance and payment bonds, which are recommended, brings the total base bid for J. L. Myers Co. to $68,843. This is very close to what we believed the low bid would be. Also, J. L. Meyers Co. is an experienced, quality contractor. A complete bid tabulation is attached. Upon City approval and award, we will send an award letter and obtain complete executed contract documents. If you have any questions, please call. Sincerely, R. W. HARDEN & ASSOCIATES, INC. a Michael Thornhill Location: Round Rock City Council Chambers, 221 East Main St., Round Rock, TX 78664 Item Description 1 Mobil. /Demobil. 2 Prepare test well 3 Drill /Complete production well Total (Items 1 - 3) 4 Add - per test hole 5 Add - prepare test hole 6 Add /Deduct - per ft., 6" hole 7 Add /Deduct - per ft., 12 3/4" casing 8 Add /Deduct - per ft., 11 3/4" hole 9 Add /Deduct - per hr., pull casing 10 Add /Deduct - per hr., jetting 11 Add /Deduct - per hr., development 12 Deduct - acidization 13 Add /Deduct - per 1000 gal., acid 14 Deduct - sterilization /cementing 15 Add - per 20 ft., cement plug 16 Add /Deduct - per hr., rig /crew 17 Add - bonds J. L. Myers $3.648.00 $4.010.00 $59,050.00 $66,708.00 Texas Water Wells 55.950.00 $15,892.00 $73.600.00 $95,442.00 59,665.00 $14,107.00 54,330.00 $11,650.00 $10.00 $18 00 $23.75 565.00 515.00 $27.00 $95.00 $125.00 $95.00 5125.00 595.00 $125.00 54,575.00 $3.500.00 5700.00 $560.00 55,260.00 54,900.00 5765.00 51,200.00 $95.00 5125.00 52,135.00 $2,442.00 I, duly sworn, hereby declare that this tabulation truly and correctly reflects the bids received on subject project. B R.W. Harden & Associates, Inc. 41'' ? NA, CYNTHIA 1_ ORTIZ •I MY COMMISSION EXPIRES �,,..,... • February 2, 1953 City of Round Rock Bids For Drilling A Production Water Well January 30, 1990 - 2:00 P.M. Bid Tabulation Sheet for Sworn before me, a notary public, in the County of Travis, the State of Texas, on this / day of l"P /GlR Bid Amounts Per Contractor A.D. /990 Notary Public, State of Texas Commission Expires : ,(yiutu.} 2 , 199. . R.W. Harden & Associates, Inc. 3409 Executive Center Drive, Suite 226 Austin, TX 78738 (512)- 345 -2379 DATE: February 6, 1990 SUBJECT: City Council Meeting, February 8, 1990 ITEM: 8C. Consider a resolution authorizing the Mayor to enter into a contract with J.M. Myers for water wells at the golf course. STAFF RESOURCE PERSON: STAFF RECOMMENDATION: Jim Nuse On January 30, 1990, 2 bids were received for the construction of water well improvements at the golf course. J.L. Meyers was the lowest bid at $68,843.00. An alternate was also bid for a second well if necessary. Staff requests that the Mayor be authorized to enter this agreement for the first well and to drill a second well if necessary to meet golf course irrigation requirements. The second well will probably be constructed to irrigation standards and therefore several price deductions will occur. SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS FOR DRILLING A PRODUCTION WATER WELL Registration No. 46853 CITY OF ROUND ROCK, TEXAS Prepared by: R. W. HARDEN & ASSOCIATES, INC. Consulting Hydrologists and Geologists Austin, Texas (512) 345 -2379 January 1990 ate /Li CONTENTS I. ADVERTISEMENT FOR BIDS 1 II. NOTICE TO BIDDERS 2 III. BID PROPOSAL 6 IV. BID BOND 11 V. PERFORMANCE BOND 12 VI. PAYMENT BOND 14 VII. AGREEMENT 16 VIII. GENERAL CONDITIONS 19 1. Owner 19 2. Location of Project 19 3. Scope of Work 19 4. Daily Report 19 5. Scheduling of Work 19 6. Drilling Equipment 20 7. Access to Drilling Locations l 20 8. Electric Power 20 9. Water for Drilling and Testing 20 10. Disposal of Waste 20 11. Final Cleanup 20 12. Progress Reports 21 13. Quantities and Measurements 21 14. Examination of Drilling Conditions 21 15. Quality of Work 21 16. Contractor's Duty 22 17. Character of Workmen 22 18. Inspection 22 19. Discrepancies and Omissions 22 20. Assignment, Subletting, and Responsibility of Contractor 22 21. Permits, Certificates, Laws, and Ordinances 23 22. Patents and Royalties 23 23. Protection Against Claims for Labor and Materials 23 24. Losses from Natural Causes 24 25. Safety of Employees 24 26. Indemnity and Insurance 24 27. Independent Contractor 25 28. Equal Employment Opportunity 25 29. Prosecution of Work 25 30. Changes, Alterations, and Extra Work 26 31. Performance and Payment Bonds 2 6 32. Price for Work and Method of Payment 27 33. Right of Owner to Terminate Contract 2 7 34. Guarantee 28 IX. SPECIFICATIONS FOR TEST WELL AND TEST HOLE PREPARATION 2 9 1. General 29 2. Test Well Preparation 2 9 3. Test Hole Preparation 31 X. SPECIFICATIONS FOR PRODUCTION WELL 33 1. General 33 2. Surface Casing. 33 3. Reaming 34 4. Acidization 34 5. Well Development. 34 6. Pumping Tests 35 7. Well Cleaning 37 8. Sterilization 37 9. Suspended Solids Content Guarantee 37 10. Capping 38 11. Well Records 38 12. Completed Well 38 13. Alternate Well Construction 38 14. Drawings 39 ADVERTISEMENT FOR BIDS Sealed proposals addressed to The City Secretary of the City of Round Rock will be received at the office of the City Secretary at 221 East Main Street, Round Rock, Texas 78664 until 2:00 p.m. on January 30, 1990 for drilling, completing and testing of a production water well near the City of Round Rock, all as described in the specifications. The bids will be publicly opened and read aloud in the Round Rock City Council Chambers at the same address following the closing time for bids to be received. These improvements are for the City of Round Rock, Texas, Owner. Copies of the specifications and other contract documents may be secured from the, office of R. W. Harden & Associates, Inc., 3409 Executive Center Dr., #226, Austin, Texas 78731 for a nonrefundable charge of $20.00. The Owner reserves the right to reject any or all bids and to waive formalities. City of Round Rock, Texas By: Joanne Land Assistant City Manager /City Secretary II NOTICE TO BIDDERS 1. Prior to submitting his proposal, the bidder should carefully examine the specifications and other contract documents, visit the site of the work, and fully inform himself as to all conditions and matters which can in any way affect the work or the costs thereof. 2. Should the bidder find discrepancies in, or omissions from, the specifications or other contract documents, or should he be in doubt as to their meaning, he should notify the Owner at once and obtain clarification or an addendum prior to submitting any bid. 3. All lump sum and unit prices must be stated in both script and figures. In case of ambiguity or lack of clearness in stating the prices in the bids, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or "unbalanced ") unit prices will authorize the Owner to reject any bid. 4. The bidder shall furnish with his proposal a Bidder's Qualification Statement on the forms provided immediately following this Notice to Bidders. Failure to enclose the bidder's statement with the proposal will constitute basis for rejection of the proposal. 5. The bidder must submit a Cashier's or Certified Check issued by a bank satisfactory to the Owner, payable without recourse to the order of the City of Round Rock, in an amount that is not less than five percent of the base bid submitted by the bidder for Items 1, 2 and 3 of the proposal, or a Bid Bond in the same amount from a Surety Company acceptable to the Owner, as a guarantee that the bidder will enter into a contract and execute bonds within ten days after notice of award of contract to him. Any bid without required check or Bid Bond will not be considered. 6. Award of contract will be made within 60 days after bid opening. The City of Round Rock reserves the right to retain the bid bonds of the three lowest bidders until the contract is executed. 2 7. The Contractor is advised that the Owner is exempt from the taxes imposed by the Texas Limited Sales, Excise, and Use Tax Act (Article 20.01, 20.04 -- Comptroller of Public Accounts Ruling No. 95 -0.09, Contractors) and requires that no sales tax be paid on any equipment, materials, or supplies purchased or rented for incorporation into the completed work contemplated by the specifications or otherwise used in fulfilling the contract. Comptroller of Public Accounts Ruling No. 95 -0.07 provides the exemption certificate the Contractor may execute and deliver to his supplier in lieu of paying the tax for which the Owner is exempt. 8. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number, if applicable, and the opening date and time. 9. The bidder agrees if awarded the contract to begin work within 10 days after the date that written notice to commence work has been given by the Owner and to substantially complete the work for any individual well within 50 consecutive calendar days after the date of written notice to commence work for any individual well has been given. Bidder must agree to pay as liquidated damages the sum of $200.00 per day for each consecutive calendar day thereafter the work is not completed as hereinafter provided. BIDDER'S QUALIFICATIONS STATEMENT Submitted by J. L. Myers Company with principal office at Dallas, Texas to City of Round Rock The undersigned certifies that he has been regularly engaged in the drilling and construction of water wells for the past five years and is thoroughly familiar with the construction and development of wells; that he has successfully and satisfactorily constructed and completed at least four wells substantially equivalent to the well being bid in terms of depth, diameter, method of construction and development, and yield; and that the following are the names, 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 locations, and descriptions of four such wells constructed by him: Name of Well Owner City of Round Rock Name of Engineer W. F. Guyton & Associates Date Drilled 1986 Address of Well Location Detailed Description of Well Edwards Name of Well Owner Jonah WSC Name of Engineer Duff Consulting Engineers Date Drilled 1970's and 1980's Address of Well Location 6 wells around Georgetown Detailed Description of Well 10" x 12" Edwards well Name of Well Owner City of Pflugerville Name of Engineer R. W. Harden & Associates Date Drilled 1985 Address of Well Location Detailed Description of Well 16" Edwards 4 Name of Well Owner Name of Engineer Date Drilled Address of Well Location Detailed Description of Well The undersigned certifies that he owns, controls, or has access to all and sundry equipment necessary for the successful execution and completion of the work required by the specifications. In the event that the undersigned is favored with the award of this contract, he will use the following equipment in the execution of this contract: Make of rig Gardner Denver Model and Year 2000 Condition Good Proposed Drilling Method(s) for Project air and mud Present Location of Rig and Equipment East Texas Name of Bidder J. L. Myers Company Address 8325 Forney Road Dallas, TX 75227 5 1 1 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 PROPOSAL OF J. L. Myers Company a corporation organized and existing under the laws of the State of Texas , a partnership consisting of , an individual trading as TO: City Manager 221 East Main Street Round Rock, Texas 78664 The undersigned bidder has carefully examined the notice to bidders, this proposal, the general conditions, and the specifications (bound together herein and known altogether herein as the contract documents) and the area in which the work will be done, and will provide all necessary labor, superintendence, insurance, equipment, tools, materials, and services to perform and complete the work outlined in the proposal, general conditions, and specifications, in accordance with all provisions of these contract documents, at the following prices. Item III BID PROPOSAL PRICES 1. Lump sum price for mobilization and demobilization of rig, equipment, and personnel, including transportation to and from the job site, the amount of Three thousand six hundred forty eight and no /100 $ 3,648.00 2. Lump sum price for preparing an existing test well for production well construction, all as specified, including: a. Deepening of test well from 568 feet to 600 feet. b. Jetting of well. c. Setting of drillable plug at 510 feet in test well. 6 1 1 1 1 1 1 1 1 1 1 1 1 1 i d. Up to 6 hours of effort pulling 6 -inch casing in existing test well. Total for Item 2 complete, the amount of Four thousand ten and no /100 $ 4,010.00 3. Lump sum price for drilling, constructing, and testing of each production well ordered by the Owner, all as specified, including: a. Reaming of hole to a minimum diameter four inches greater than the outside diameter of the surface casing to a base depth of 500 feet, setting surface casing having a minimum outside diameter of 12 -3/4 inches to a base depth of 500 feet, and cementing surface casing. b. Reaming of hole below the surface casing to a minimum diameter of 11 -3/4 inches to a base depth of 555 feet. c. Cleaning 6 -inch hole out to bottom of well. d. Acidizing the well with 5,000 gallons of acid, developing the well with a base development time of 6 hours, and sterilizing the well. e. Furnishing test pump, motor, and equipment and testing the well including a base time for final testing of 36 hours. Total for Item 3 complete, the amount of Fif nine thousand fifty and no /100 $ 59,050,00 4. Add per test hole for drilling, testing, and setting of drillable plug in offset test hole near location of existing test well in the event the 6 -inch casing cannot be pulled, all as specified, including: a. Drilling of 6 -inch minimum diameter hole to a base depth of 600 feet. b. Jet testing of hole. c. Setting of drillable plug at 510 feet in test hole. Total for Item 4 complete, the amount of Nine thousand six hundred sixty five & no /100 $ 9,665.00 1 1 1 1 i i 1 1 1 1 1 - 1 I 4 4 4 4 4 I 5. Add for preparing an existing test hole for production well construction, all as specified, including: a. Cleaning out existing test hole to a base depth of 600 feet. b. Jet testing of hole. c. Setting of drillable plug at 510 feet in test hole. Total for Item 5 complete, the amount of Four thousand three hundred thirty and no /100 $ 4,330.00 6. Add or deduct per foot of 6 -inch minimum diameter drilled hole more or less than the base length specified, the amount of Ten & no/100 $ 10.00 7. Add or deduct per foot of 12 -3/4 -inch O.D. steel casing cemented in place more or less than the base length specified, the amount of Twenty three dollars and .75/100 $ 23.75 8. Add or deduct per foot of 11 -3/4 -inch diameter drilled hole more or less than the base length specified, the amount of Fifteen and no /100 $ 15.00 9. Add or deduct per hour for rig and crew to pull casing from existing test well more or less than the base time included in Item 2, all as specified, the amount of Ninety five and no /100 $ 95.00 10. Add or deduct per hour of jetting or jet testing time more or less than the base times specified, the amount of Ninety five and no /100 $ 95.00 11. Add or deduct per hour of operations in the production well during development and /or testing more or less than the base development and testing times specified and included in Item 3, the amount of Ninety five and no /100 $95.00 8 1 1 1 13. Add or deduct per 1,000 gallons of acid used more or less than the base amount of 5,000 gallons, all as specified, the amount of Seven hundred and no /100 $ 700.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12. Deduct per acidization treatment with a base amount of 5,000 gallons of acid, and flushing of well, all as specified, the amount of Four thousand five hundred seventy five and no/ $ 4,575.00 14. Deduct from Item 3 for alternate well construction including eliminating all sterilization procedures, bacteriological sampling and only cementing the top 20 -feet of casing in the hole, all as specified, the amount of Five thousand two hundred sixty and no /10$) 5,260.00 15. Add per 20 -foot cement plug, if required by the Owner in an existing test well or test hole to be abandoned, the amount of Seven hundred sixty five and no /100 $765.00 16. Add or deduct per hour for rig and crew for operations not specified but ordered by the Owner and agreed upon by the Contractor to complete work to satisfaction of Owner, the amount of Ninety five and no /100 $ 95.00 17. Add for performance and payment bonds in the amount of one hundred percent (100 %) of the total price shown for Items 1, 2 and 3 if required by the Owner, the amount of Two thousand one hundred thirty five and no /100 $2,135.00 Upon notice of acceptance of this bid, the Contractor agrees to execute a formal contract within 10 days, and to deliver, if required by Owner, performance and payment bonds for the faithful performance of this contract. It is expressly agreed that the Contractor accepts the guarantees herein specified on the basis of his knowledge of geologic conditions and well design and the Owner has no responsibility for the accuracy or reliability of any data on which the Contractor bases this decision. 9 1 1 1 1 . � , 1 1 1 1 1 1 The undersigned bidder agrees if awarded the contract to begin work within 10 days after the date that written notice to commence work has been given by the Owner and to substantially complete the work for any individual well within 50 consecutive calendar days after the date of written notice to commence work for any individual well has been given. Seal if Bidder is a Corporation Respectfully submitted, By: Address: J. L. Myers Company * Note: 50 days may or may not be adequate based on when work order is written and our rig schedule at that time. (Contractor) W. Dillard, Vice - President 8325 Forney Road Dallas, TX 75227 10 AMERICAN ECONOMY INSURANCE COMPANY INDIANAPOLIS, INDIANA BID OR PROPOSAL BOND That we, J. L. Myers Company Know all Men by these Presents, of Dallas, Texas (hereinafter called the Principal), as Principal, and AMERICAN ECONOMY INSURANCE COMPANY (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Round Rock (hereinafter called the Obligee) in the penal sum of .F .l7 T.pB...ME.GttEATEST �.ELTA Dollars ($ 5 $ ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED and SEALED this .... 31t1?..... day of January 19 90 THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond be required, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Form 39.1027 5.70 AMER AN ECONOMY INSURANCE COMPANY By � } Cheryl Morris Attorney -in -Fact r• these presents make, constitute and appoint 1 1 American tconomy Insurance Lompan}• INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American Economy Insurance Company. Com•-r.+� p.} o -„+n r.e ire •-"item; -r.r., r» Taws of the Slate of Indiana, and having its pnnnpai office In the Gry of Intl,anaoda. Mown, ham rnade. mss -vee arid ecec rw r-r_ *,on �. Its Assistant Secretary and Its corporate seal to be hereto affixed this - JOHN R. POSTON AND CHERYL MORRIS (Jointly or Severally) I of Dallas and State of Texas Its true and lawful Attomey(s) -In -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings I provided, however. that the venal sum of env one such instrument executed hereunder ' shall not exceed TWO MILLION AND NO /100 ( $2,000,000,00) DOLLARS and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)•in•Facl may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Article VI, Section 7 of the By -Laws of the American Economy Insurance Company, which reads as follows: ' The Chairman of the Board, the President or any Vice - President shall have power. by and with the concurrence of the Secretary or any Assistant Secretary of the Corporation, to appoint Resident Vice - Presidents, Resident Assistant Secretaries and Attorneys -In -Fan as the business of the Corporation may require or to authorize any one of such persons to execute, on behalf of the Corporation. any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, American Economy Insurance Company has caused these presents to be signed by its Vice - President, attested by 1 ' A. D. 198_. (SEAL) ATTEST_ ? - ,.-- I STATE OF INDIANA n l re e y COUNTY OF MARION f SS: On this 17th 1 Alanson T. Abel to me known, who being by me duly swom, acknowledged the execution of the above Instrument and did depose and say; that he is a Vice - President of American Economy Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said Instrument Is such corporate seal; that it I was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under Ilke authority. And said Alans on T. Abel further said that he is acquainted with Gilbert Taylor and knows him lobe the Assistrtfet tarynl saidCorppratiof0.andipftexecuted the above instrument. / / I I I Y JAN UARY 10, 1989 / �i?�iJ J(/ 'r C:%., My Communal Expires ery Pubic STATE OF INDIANA ' COUNTY OF MARION } SS: I, Gilbert Taylor the Assistant Secretary of AMERICAN ECONOMY INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN ECONOMY INSURANCE COMPANY, which Is still In lull force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of ARTICLE VII, SECTION 3 of the By -Laws of AMERICAN ECONOMY INSURANCE COMPANY which reads as follows: "Alt policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the president or a vice - president and the secretary or an assistant secretary, whose signatures, it the Instrument is duly countersigned by an authorized representative of the Corporation, may be facsimiles. Such signatures and facsimiles thereof -shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such - officer at the time such policy or other instrument of insurance shall have been actually Issued by the Corporation. , ry / In witness whhereof, I have h ereuntoset my hand and affixed the seal of said Corporation, this i� day of 1 A. D.,19 / (SEAL) ' Fpm 39.14591880) day of March 17th day of March ECONOMY INSU AAN E C pAANY Sealant V,Ce•Pree■ent A D before me personally came •..w..,xx• -J U1 IV 1 V ��UO) F) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that J. L. MYERS COMPANY (hereinafter) called the Principal(s), as Principal(s) and American Economy Insurance Company , having its principal office in the City of, Indianapolis, Indiana , (hereinafter) called the Surety(s), as Surety(s) ' are held and firmly bound unto CITY OF ROUND ROCK (hereinafter) called the Owner, in the amount of Sixty eight thousand eight hundred forty three dollars and no/ Dollars ($ 68,843.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heir, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Prinicpal has entered into a certain written contract with the Owner, dated the 30 day of February , 19 90, to drill a production water well which contract is hereby referred to and made a part thereof as fully and to the same extent as if copies at length herein. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. 12 .I 1 J 1 .1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, HOWEVER, that this bond is subject to the provisions of Article 5160 of the Revised Statutes of Texas, and all amendments thereto. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 20 day of February , 19 9p Witness as to Principal: (If Individual or Firm) (Principal) J.' L. Myers Company 8325 Forney Road Address Dallas, Texas 75227 City, State, Zip Na a Title 41" -Rice AMERICAN ECONCtIY INSURANCE CCSIPA.NY P n Rnx 11400 Address nalla� Toxaa 75731 City, State, Zip 1 t 1 1 1 KNOW ALL MEN BY THESE PRESENTS, that American Economy Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having its pnncipal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint A. D. 1987 (SEAL) ATTEST STATE OF INDIANA 1 S COUNTY OF MARION On this 17th A.D., 19•`9 0 (SEAL) Form 39.1450 (0.80) American Economy Insurance Company INDIANAPOLIS, INDIANA day of —JOHN R. POSTON AND CHERYL MORRIS (Jointly or Severally) of Dallas and State of Texas Its true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings provided. however. that the penal sum of any one such instrument executed hereunder shall not exceed TWO MILLION AND N0 /100 ($2 000 000.00) DOLLARS and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of Attomey is executed and may be revoked pursuant to and by authority granted by Article VI, Section 7 of the By -Laws of the American Economy Insurance Company, which reads as follows: "The Chairman of the Board, the President or any Vice- President shall have power, by and with the concurrence of the Secretary or any Assistant Secretary of the Corporation, to appoint Resident Vice Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Corporation may require or to authorize any one of such persons to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, Amencan Economy Insurance Company has caused these presents to be signed by its Vice - President, attested by Its Assistant Secretary and its corporate seal to be hereto affixed this 17th day of March GENERAL POWER OF ATTORNEY March M C ECONOMY INSURAN E C941. / ANY Assistant V,ca.Pres,dent A D 19_87 before me personally came Alanson T. Abel to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say, that he is a Vice- President of American Economy Insurance Company; That he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Alanson T. Abel further said that he is acquainted with Gilbert Taylor and knows him to be the executed the above instrument. Assist' ✓lY I.UIVIIVIIiS 3IVi tROt et JANUARY 10, 1989 ,4m /j9 Ci/Miy✓�Y , My Commission Expires taut Public STATE OF INDIANA SS: COUNTY OF MARION j" Gilbert Taylor , Assistant Secretary of AMERICAN ECONOMY INSURANCE COMPANY, do hereby certify That the above and foregoing is a true and correc copy of a Power of Attorney, executed by said AMERICAN ECONOMY INSURANCE COMPANY, which is still in full force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of ARTICLE VII, SECTION 3 of the By -Laws of AMERICAN ECONOMY INSURANCE COMPANY which reads as follows. All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the president or a vice-president and the secretary or an assistant secretary, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimiles. Such signatures and facsimiles thereof --` shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." - "In witness Whereof , I have hereunto set my hand and aff ixed the seal of said Corporation this dayol 1 KNOW ALL MEN BY THESE PRESENTS: VI PAYMENT BOND That, J. L. MYERS COMPANY (hereinafter) called the Principal, as Principal, and CITY OF ROUND ROCK a corporation organized and existing under the laws of the State of TX > with its principal office in the City of ROUND ROCK , (hereinafter) called the Owner in the amount of Sixty eight thousand eicrht hundred forty three dollars and no /100 Dollars($68,843.00 ), 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 Owner, dated Q2 day of February , 19 90, to drill a production watar wall which contract is hereby referred to and make a part hereof as fully and to the same extent as if copies at length herein. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and may authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery- equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 14 1 PROVIDED, FURTHER, that the said surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on the BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, HOWEVER, that this bond is subject to the provisions of Article 5160 of the Revised Civil Statutes of Texas, and all amendments thereto. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2,0 day of February 19 90, Witness as to Principal: (If Individual or Firm) • 15 .T T. MyPrg Mmparty (Principal) 8325 Forney Road Address tlalla TPv.aq 75727 City, State, Zip AMERICAN ECCUCYIY INSURANCE CaTANY P n Pny 114n0 Address ru77ac, TPxaa 75231 City, State, Zip 1 1 1 1 A. D. 1917_ (SEAL) yy ATTEST_ O STATE OF INDIANA COUNTY OF MARION On this 17th A. D., 19 (SEAL) Form 39-1459 (8-80) American Economy Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American Economy Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having Its principal office In the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint Dallas and State of Texas its true and lawful Attomey(s) -in -Fad, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings provided, however. that the penal sum of any one such instrument executed hereunder shell not exceed TWO MILLION AND NO /100 ($2.000,000,00) DOLLARS and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Article VI, Section 7 of the By -Laws of the American Economy Insurance Company, which reads as follows: "The Chairman of the Board, the President or any Vice - President shall have power, by and with the concurrence of the Secretary or any Assistant Secretary o1 the Corporation, to appoint Resident Vice- Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Corporation may require or to authorize any one of such persons to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, Amencan Economy Insurance Company has caused these presents to be signed by its Vice - President, attested by its Assistant Secretary and Its corporate seal to be hereto affixed this SS: day of -JOHN R. POSTON AND CHERX7, MORRIS (Jointiv or Severally) March 17th day of GENERAL POWER OF ATTORNEY March 0 ECONOMY INSURANCE Cyr ANY Asuslant V,ce•Pres,dent A D 19 8. ._ before me personally came Alanson T. Abel to me known, who being by me duly swom, acknowledged the execution of the above instrument and did depose and say; that he is a Vice- President of American Economy Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument Is such corporate seal; that It was so affixed by authority of the Board of Directors of said Corporation, and that he signed his name thereto under like authority. And said Alanson T. Abel funher said that heIs acquainted with Gilbert Taylor L h AssistrAt-Set tatS'iU s�id gpin tiotipp tattrt executed the above instrument. i Y I JANUARY VIV IVi My Commission 1 ussn E hC tJ My Commission Expires ry Pudic STATE OF INDIANA 11 COUNTY OF MARION and knows him to be the Gilbert Taylor the Assistant Secretary of AMERICAN ECONOMY INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN ECONOMY INSURANCE COMPANY, which Is still in full force and effect. This Certificate may be signed and sealed by facsimile under and by the authonty of ARTICLE VII, SECTION 3 of the By -Laws of AMERICAN ECONOMY INSURANCE COMPANY which reads as follows. "All policies and other Instruments of insurance Issued by the Corporation shall be signed on behalf of the Corporation by the president or a vice - president and the secretary or an assistant secretary, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimiles. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the tact that any such officer shall have ceased to be such officer at the time such policy or other instrument of Insurance shall have been actually issued by the Corporation:" In witnees whereof, I have hereunto set my hand and affixed the seal of said Corporation, this . day of cn W O) 1 VII AGREEMENT THIS AGREEMENT, made this Zo day of February , 1990 , by and between CITY OF ROUND ROCK , hereinafter called "OWNER" and J. L . MYERS COMPANY doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "CONTRACTOR ". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction of a water well, as shown and specified. 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within 50 calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein at the prices shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: a. ADVERTISEMENT FOR BIDS b. INFORMATION FOR BIDDERS c. BID PROPOSAL d. BID BOND e. AGREEMENT 16 f. GENERAL CONDITIONS g. SUPPLEMENTAL GENERAL CONDITIONS h. PAYMENT BOND i. PERFORMANCE BOND j. NOTICE OF AWARD k. NOTICE TO PROCEED 1. CHANGE ORDER m. DRAWINGS prepared by R. W. Harden and Associates, Inc. numbered 1 through 2, and dated January 4, 1990. n. : SPECIFICATIONS prepared or issued by R. W. Harden and Associates, Inc. and City of Round Rock, Texas dated January, 1990. o. ADDENDA: No. , dated ,19 No. , dated , 19 No. , dated , 19 No. , dated ,19 No. , dated ,19 No. , dated , 19 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in six (6) copies each of which shall be deemed an original on the date first above written. 17 r' (SEAL) Title Orly 56CRETRRy (SEAL) (Please type) A137/ 27,„ 7,„ Name Velma Ashwander (Please type) OWNER: C / T / �F Roc/ By Z� Name M I Kg RO8M15ON (Please type) Title MA yo R CONTRACTOR: AL M ye r ;, pany Name Joe W. Dillard, Vice -Pres. (Please type) Address 83 Forney Road 18 Dallas, TX 75227 VIII GENERAL CONDITIONS 1. Owner. The Owner is the City of Round Rock, Williamson County, Texas, herein referred to as the Owner. 2. Location of Project. The location of the site at which the Work covered by this contract is to be performed will be approximately 4 miles east of the City of Round Rock in Williamson County, Texas. The location of this site is shown in Drawing 1. 3. Scope of Work. It is anticipated that one production well will be constructed in an existing test well. However, the Owner, at its option, may require one additional production well be drilled in an existing test hole. Unless the Owner decides otherwise, the Work to be conducted shall generally consist of deepening of an existing test well, setting of a drillable plug, pulling of existing casing, construction of a production water well, acidization and pump testing of final well. The Work to be done by the Contractor hereunder includes the furnishing of all labor, materials, transportation, insurance, supervision, taxes, permits, tools, supplies, plant, equipment, services, and appurtenances, unless hereinafter specifically excepted, necessary for the satisfactory completion of the Work. All matters and items described in this Section are hereinafter referred to as the "Work". 4. Daily Report. The Contractor's field representative shall report plans and progress to the Owner's designated representatives approximately 48 hours before drilling is to be started and daily thereafter during the course of the Work. If the Owner's representative is on the site, the daily report may be made in person. Otherwise, the daily report is to be made by telephone at the Contractor's expense. 5. Scheduling of Work. The Contractor shall keep a full drilling crew at Work on the drilling rig continuously for at least eight hours per day, at least five days per week, until the Work is completed. 19 6. Drilling Equipment. All drilling operations above a depth of 500 feet below ground level shall be conducted using conventional air rotary, reverse circulation rotary or mud rotary drilling methods. All drilling operations conducted below 500 feet below ground level, including drilling of the plug, shall be conducted using conventional air rotary or reverse circulation rotary methods only. The drilling rig shall be of such size that it is capable of efficiently drilling and conducting all work specified. The Owner will have the right to approve or reject at any time the drilling rig and other equipment used, but approval by the Owner will not remove any part of the Contractor's responsibility to furnish equipment that will efficiently complete all the Work as specified. The Contractor shall provide a description of the rig and other major equipment to be used, when his bid is submitted. 7. Access to Drilling Locations. The Owner shall provide land or rights - of -way for the Work specified in this contract, and make provision for ingress and egress. The Owner also shall provide necessary access roads to the drilling locations, or make other suitable arrangements. 8. Electric Power. Electric power, if needed for the Contractor's operational needs, shall be furnished by the Contractor at the expense of the Contractor. 9. Water for Drilling and Testing. Water for drilling and testing operations shall be furnished by the Contractor at the expense of the Contractor. Water used in the drilling and construction work shall be chlorinated and potable unless otherwise directed by the Owner. 10. Disposal of Waste. Water, mud, and other wastes which result from drilling and other operations of the Contractor shall be disposed of as required and approved by the Owner. The Contractor will be allowed to dispose of non - polluting water to adjacent streams or drainageways. No polluting or toxic wastewaters will be disposed to adjacent streams or drainageways. Disposal of all pollutants will be the responsibility of the Contractor. 11. Final Cleanup. Upon completion of the Work, the Contractor shall at his own expense clear the drilling site of all trash, rubbish, and temporary 20 structures, and fill all slush pits, ditches, and other excavations to the original conditions. Materials from the drilling may be left in the slush pits and covered over with top soil or otherwise disposed of as required by the Owner. 12. Progress Reports. The Owner shall be provided with one copy of each driller's tour report on the Work contained in this contract. These driller's tour reports shall be delivered or mailed to the Owner each day for that day's progress. All data pertaining to drilling progress, such as drilling depth, formation descriptions, tallies of materials set, and development and pumping time, shall be recorded accurately on these reports during each tour. Each tour report shall be prepared by the Contractor's foreman in charge of the tour reporting. A "tour" is defined for the purpose of tour reports as the period of time a driller and crew work continuously without interruption. 13. Ouantities and Measurements. The depths and lengths and the development, pumping, and testing times given herein are estimated and are approximate only. They are used for the purpose of obtaining unit price bids covering these items, but are not necessarily the exact depths and lengths and development, pumping, and testing times that will be required during actual drilling and testing. Deviations from these depths, lengths, and times are covered by the "add or deduct" prices quoted in the Proposal. 14. Examination of Drilling Conditions. Before submitting his Proposal, the Contractor shall make necessary geologic and hydrologic studies insofar as they may affect his Proposal for this Work. No plea of ignorance of conditions that exist or of conditions or difficulties that may be encountered in the execution of the Work under this contract will be accepted as an excuse for any failure or omission of the Contractor to fulfill in every detail all of the requirements of the contract, nor will such be accepted as a basis for any claim whatsoever for extra compensation. 15. Ouality of Work. The Specifications and other contract documents contemplate finished Work of such character and quality as described in them or as may be reasonably inferable from them and the Contractor agrees that, without the addition of any charges not specifically included in his Proposal, he will conform to all these Specifications and other contract documents and he will 21 make his Work complete and operable and in compliance with good practice and workmanship. 16. Contractor's Duty. The Contractor shall give personal attention to the faithful prosecution and completion of this Work and shall be present continually at the site of the Work while it is being performed, either in person or by a field representative authorized to act for him in his absence. 17. Character of Workmen. The Contractor agrees to employ only orderly and competent men, skilled in the performance of the type of Work required under the contract, to do the Work. 18. Inspection. It is agreed by the Contractor that the Owner shall be and is hereby authorized to appoint such representatives as the Owner may deem proper to inspect the materials furnished and Work done under this contract to see that said materials are furnished and said Work is done in accordance with the Specifications and other contract documents therefore. It is further agreed, however, that the Contractor and his representatives shall not accept any order or directions from the Owner or its representatives, whether direct or implied, which is not provided for in these Specifications and other contract documents. 19. Discrepancies and Omissions. It is agreed that it is the intent of this contract that all Work must be furnished in accordance with best practices. In the event of any discrepancy between provisions in the contract documents, the Owner shall define which provision is intended to apply to the Work. In the event of any doubt as to the meaning and intent of any portion of the contract documents, the Owner shall define such meaning and intent. 20. Assignment, Subletting, and Responsibility of Contractor. The Contractor agrees that he will give his personal attention to the fulfillment of this contract and that he will not sublet any portion of the Work without the Owner's prior written approval, but will keep the same under his personal control, and that he will not assign by power of attorney or otherwise any portion of said contract unless by and with the previous written consent of the Owner. All of the Work and items related to this Work (including but not limited to labor, superintendence, insurance, equipment, tools, materials, drilling, 22 construction, testing, and services) shall be and shall remain the sole responsibility of the Contractor, and the Owner shall incur no responsibility for the performance or outcome of any part of the Work or related items as a result of its exercise of the various provisions in these Specifications and other contract documents making various procedures, equipment, materials, and other matters subject to the Owner's specific approval. The Contractor agrees that he will be solely responsible to the Owner at all times for all parts of the Work and related items, whether the Work and related items be performed and /or furnished by the Contractor's own direct employees or by outside services, employed by or subcontracted to the Contractor. For example, the Contractor and not the Owner, shall remain completely responsible for the performance of all outside services, and for any adverse effects on the well occasioned thereby and for any other losses, costs, or time incurred as a result of those services. This shall include but not be limited to cementing services and acidization services. 21. Permits. Certificates. Laws, and Ordinances. The Contractor shall, at his own expense, procure all permits, certificates, and licenses required of him by law for the performance of his Work. He shall comply with all federal, state, and local laws, ordinances, and rules and regulations relating to the performance of his Work. 22. Patents and Royalties. The Contractor shall protect and save harmless the Owner and its representatives from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the Work or materials furnished under this contract, including damages, royalties, or fees on any patented materials, machinery, appliances, process, or inventions specified in this contract. The Contractor shall also protect the Owner from any legal expenses, including attorney's fees, arising from such claims. 23. Protection Against Claims for Labor and Materials. The Contractor agrees that he will indemnify and save the Owner harmless from all claims against the Owner for materials furnished or Work done under this contract, and it is further agreed that the Contractor shall, if so requested, furnish the Owner satisfactory evidence that all persons who have done Work or furnished materials under this contract have been duly paid for such Work or 23 materials. In the case such evidence is requested and is not furnished by the Contractor, payment for the Work covered by this contract may be retained until satisfactory evidence is furnished that all liabilities arising from this contract have been fully discharged. 24. Losses from Natural Causes. Unless otherwise specified, all loss 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 circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the Contractor at his own cost and expense. 25. Safety of Employees. The Contractor, and not the Owner or its representatives, shall be responsible for exercising reasonable precautions for the safety of employees on the Work and complying with any applicable provisions of federal, state, and municipal safety rules and building and construction codes. The Contractor shall promptly report to the Owner all accidents occurring to the Contractor's employees. 26. Indemnity and Insurance. The Contractor specifically obligates itself to the Owner in the following respect, to -wit: (i) To indemnify and defend against and save them, their officials, officers, employees, agents and affiliates (herein the "Indemnified Parties ") harmless from any and all claims, suits, liability, expense or damage for any alleged or actual infringement or violation of any patent or patent right arising out of Contractor's performance under this Contract; (ii) To indemnify and defend against and save the Indemnified Parties harmless from any and all death, and from any other claims, suits or liability on account of any act or omission of the Contractor, or any of its officers, agents, employees or servants; (iii) To pay for all materials furnished and Work and labor performed under this Contract and to satisfy the Owner against and save them and the premises harmless from any and all claims, suits or liens therefor by others than the Contractor; (iv) To obtain and pay for all permits, licenses and official inspections made necessary by the Work, and to comply with all laws, ordinances and regulations applicable to the Work and the conduct thereof. The Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amounts as may be necessary to 24 protect itself and the interest of Owner against all hazards or risks of loss as hereinafter specified. The amounts listed below are the minimum acceptable to Owner and are not intended to represent the maximum loss possible. Failure of the Contractor to maintain full insurance coverage shall not relieve the Contractor of any contractual responsibility or obligation assumed by the Contractor under this contract. The Owner shall be furnished with certificates of insurance prior to beginning Work for each of the following policies, which will be subject to the approval of Owner, both as to coverage and insurer. In addition, the Owner shall be furnished written assurance by each insurance carrier of a 30 -day notice in case of cancellation or change. The certificates of - insurance provided hereunder shall specify waiver of right of subrogation against Owner. Owner shall also be named additional insured on the Comprehensive General Liability Policy. The Contractor shall maintain statutory Worker's Compensation and Employer's Liability with limits of $100,000; Comprehensive General Liability with limits on Bodily Injury of $500,000 and Property Damage of $100,000, this liability coverage must include contractual liability and must delete exclusion for explosion, collapse and damage to underground utilities coverage; Comprehensive Automobile Liability with limits on Bodily Injury of $250,000/$500,000 and Property Damage of $100,000. 27. Independent Contractor. The Contractor is and shall be an independent contractor with respect to the performance of this Agreement, and neither the Contractor nor anyone employed by the Contractor shall be the agent, representative, employee or servant of the Owner in the performance of this Agreement. 28. Equal Employment Opportunity. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or political belief or affiliation. 29. Prosecution of Work. The Owner, on reasonable notice in writing to the Contractor, may stop any portion of the Work if, in its judgement, the weather or other conditions, such as labor troubles, unsatisfactory workmen, poor materials, improper construction methods, or noncompliance with the 25 Specifications or other contract documents, prevent the Work from being done properly. If the Owner does not stop the Work or any portion thereof for any of the reasons given above, however, this shall not be taken to mean approval by the Owner of any portion of the Work which does not fully comply with all the Specifications and other provisions of these contract documents. For delays occasioned by any act, neglect, or default of the Owner or its representatives, the Owner or its representative shall not be held liable for damages on account thereof. 30. Changes. Alterations. and Extra Work. The Contractor agrees that the Owner may make such changes and alterations as the Owner may see fit in the form, dimensions, plans, or materials for the Work herein contemplated or any part thereof, either before or after the beginning of the Work, without affecting the validity of this contract and the accompanying bond. Such changes shall not constitute the basis for a claim for damages of anticipated profits on the contemplated Work that may be dispensed. If they increase the amount of Work and the increased Work can be fairly classified under the contract documents, such increase shall be paid for 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 extra Work. It is agreed that the Contractor shall perform all extra Work directed by the Owner when presented with a written Work order signed by the Owner. It is also agreed that the compensation to be paid the Contractor for performing said extra Work shall be determined by either agreed unit prices or by agreed lump sum; such compensation agreement shall be made before the extra Work is commenced and said compensation method will be stated in the written work order. No claim for extra Work of any kind will be allowed unless ordered in writing by the Owner. 31. Performance and Payment Bonds. The Contractor shall, if required by the Owner, furpish performance and payment bonds in an amount at least equal to 100 percent of the total price shown for Items 1, 2 and 3 in the Bid Proposal, as security for the faithful performance of this contract and for payment of all persons performing labor and furnishing materials in connection with this contract. The form of the bonds and the bonding company shall be approved by the Owner. 26 32. Price for Work and Method of Payment. In consideration of the furnishing of all necessary labor, equipment, and materials and the completion of all Work by the Contractor and upon completion of all Work embraced in this contract in full conformity with the specifications and other contract documents, the Owner agrees to pay the Contractor on the basis of the prices set forth in the proposal hereto attached, with such additions and deductions as shown for the actual quantities, and the Contractor hereby agrees to receive such payment as payment in full for the aforesaid work and for well and truly performing same in the whole thereof in the manner required by these specifications and other contract documents. The Owner will pay the Contractor the prices shown in the Contractor's proposal as follows: After all of the Work for a production well has been completed to the satisfaction of the Owner, payment will be made from an invoice, rendered by the Contractor and approved by the Owner, on the basis of measurements of the extent of the Work done and on the basis of unit prices given in the Contractor's proposal, for 100 percent (100 %) of the completed and accepted Work, provided that the Contractor has established to the satisfaction of the Owner that all claims for labor, materials, and equipment have been paid in full. The Owner shall pay the Contractor's invoice on or before the 30th day after date of invoice or the 20th day after Owner's receipt of invoice, whichever is later. 33. Right of Owner to Terminate Contract. If the Work to be done under this Contract is abandoned by the Contractor, if the Work under this Contract is being unnecessarily delayed, if the Contractor is violating any of the conditions of this Contract, or if the Contractor is adjudged bankrupt, the Owner may serve written notice upon the Contractor and his surety of its intention to terminate the Contract. Unless a satisfactory arrangement is made for continuance within 5 days after the serving of such notice, his Contract shall terminate. In the event of such termination, the surety shall have the right to take over and complete the Work, provided that if the surety does not commence performance within 30 days, the Owner may take over and prosecute the Work to completion, by contract or otherwise. The Contractor and his surety shall be 27 liable to the Owner for all excess costs sustained by the Owner by reason of such prosecution, completion, and delay. 34. Guarantee. The Contractor shall guarantee that the construction performed and materials and equipment furnished under this contract shall be free from defects in workmanship and materials for a period of one year from the date of final acceptance by the Owner. Neither the final acceptance nor final payment nor any provision in the contract documents shall relieve the Contractor of the responsibility for faulty equipment or materials furnished by him or for faulty workmanship, and he shall remedy any defects due thereto to the satisfaction of the Owner which shall appear within this period. The Owner shall give notice of observed defects with reasonable promptness. Failure on the part of the Contractor either to repair or replace such defects immediately upon notice shall entitle the Owner, if it sees fit, to repair or replace the same and recover the reasonable cost of such repair or replacement from the Contractor and /or his sureties. The Contractor shall furnish a one year Warranty Bond in an amount at least equal to 100% of the total price shown for Items 1 and 3 in the Bid Proposal as security of the faithful performance of this contract. The form of the Warranty Bond and the bonding company shall be approved by the Owner. 28 Ix SPECIFICATIONS FOR TEST WELL AND TEST HOLE PREPARATION 1. General. It is planned that a production water well be constructed in an existing test well. The existing test well is constructed as follows: Diameter of Casing Type Depth Interval Bit Used in Drilling and Outside Diameter (feet) (inches) (inches) +2.5 - 393 7 - 7/8 393 - 568 6 -1 /8 Depth Interval Feet Description 0 - 243 243 - 289 289 - 322 322 - 392 392-568 2. Test Well Preparation. 29 Steel - 6-5/8 None - Open Hole The following geologic materials were encountered during drilling of the test well. Soft white marly limestone Dark gray shale Tan and white limestone Blue clay Gray, tan and brown limestone The test well was drilled by conventional air rotary methods. Casing was set to 393 feet. Below 392 feet the formations were consolidated and the hole stood open during drilling operations. Most of the water jetted from the hole during drilling operations was encountered in the Edwards Limestone between 520 and 560 feet below ground level. The approximate depth to water is 200 feet. At the Owner's option, the Owner may also instruct the Contractor to construct an additional production well. The additional production well will be constructed in an existing test hole. a. Deepening of Test Well. The Contractor shall deepen the open hole in the existing test well from 568 feet to 600 feet below ground level. The drilled hole shall have a minimum diameter of 6 inches. Drilling shall be conducted using conventional air rotary drilling methods. After the test well has been deepened to 600 feet the Contractor shall jet the well for 1/2 hour and measure the jetting rate of water from the well. The jetting rate shall be measured by the use of a weir or other method approved by the Owner and providing an equal or better degree of accuracy. b. Plugging of Test Well. A drillable retainer, packer, or plug shall be set in the test well at approximately 510 feet. The method of plugging shall be selected by the Contractor and subject to the approval of the Owner. The drillable retainer, packer, or plug shall be of a strength and design that will prevent downward movement of formation materials, drill cuttings, and cement into the deeper open hole during pulling of the casing, reaming for surface casing, and cementing of surface casing. Filling the existing test well with gravel or other materials will not be allowed. c. Pulling of Test Well Casing. After the test well has been deepened, the well jetted, and the drillable plug set, the Contractor shall attempt to pull the 6 -5/8 inch casing from the existing test well. The methods used shall be selected by the Contractor and approved by the Owner. Attempts to pull the casing shall continue for at least 6 hours, after which time the Owner shall decide whether to require the Contractor to continue to try to pull the casing or to move to another location close to the existing test well, drill a test hole, and if favorable conditions are found complete the production well at the new location selected by the Owner. d. Abandoning of Test Well. If the existing 6 -5/8 inch steel casing cannot be pulled and if requested by the Owner, the test well shall be plugged in accordance with applicable regulations and as approved by the Owner. e. Drilling of Offset Test Hole. If the existing 6 -5/8 inch steel casing cannot be pulled from the test well and if requested by the Owner, an 30 offset hole shall be drilled and tested to•insure tapping the same zone of major openings in the Edwards Limestone. The test hole shall be drilled using conventional air rotary drilling methods. The test hole shall have a minimum diameter of 6 inches and be drilled to a base depth of 600 feet. The Contractor shall keep a detailed driller's log of all formations encountered and water jetting rates during drilling. f. Jet Test. Upon completion of drilling of the offset test hole (if drilled), the Contractor shall conduct a jet test. The jet test shall consist of jetting the hole by setting an air jetting pipe to a depth selected by the Contractor and approved by the Owner and setting a 1 -1/2 -inch diameter steel water -level measuring pipe approximately 30 feet below the bottom of the air jetting pipe. The Contractor shall then jet the hole for one hour taking water -level measurements and accurately measuring the jetting rate by use of a weir or other method approved by the Owner every ten minutes. Jetting shall be conducted with a compressor capable of no less than 150 cfm at 125 psi and the air jetting pipe shall be set to a depth which maximizes the jetting rate. After one hour of jetting, the Contractor shall stop jetting and measure recovery every ten minutes for one hour. The Owner shall determine the suitability of the site for a production well and shall direct the Contractor to construct a production well in the test hole or plug the hole. 3. Test Hole Preparation. If directed by the Owner, the Contractor shall construct an additional production well in an existing test hole. a. Cleaning of Test Hole. The well shall be constructed in an existing 6 -inch diameter test hole. No casing, except for possibly 20 feet of 6- 5/8 inch surface casing will be in the test hole. The Contractor shall prepare the test hole for well construction by cleaning the 6 -inch hole out to total depth. Drilling shall be conducted using conventional air rotary drilling methods. b. Jet Test. Upon completion of cleaning out the test hole, the Contractor shall conduct a jet test. The jet test shall consist of jetting 31 the hole by setting an air jetting pipe to a depth selected by the Contractor and approved by the Owner and setting a 1 -1/2 -inch diameter steel water -level measuring pipe approximately 30 feet below the bottom of the air jetting pipe. The Contractor shall then jet the hole for one hour taking water -level measurements and accurately measuring the jetting rate by use of a weir or other method approved by the Owner every ten minutes. Jetting shall be conducted with a compressor capable of no less than 150 cfm at 125 psi and the air jetting pipe shall be set to a depth which maximizes the jetting rate. After one hour of jetting, the Contractor shall stop jetting and measure recovery every ten minutes for one hour. The Owner shall determine the suitability of the site for a production well and shall direct the Contractor to construct a production well in the test hole or plug the hole. c. Plugging of Test Hole. Prior to reaming of the test hole for the casing a drillable retainer, packer, or plug shall be set in the test hole at approximately 510 feet. The method of plugging shall be selected by the Contractor and subject to the approval of the Owner. The drillable retainer, packer, or plug shall be of a strength and design that will prevent downward movement of formation materials, drill cuttings, and cement into the deeper open hole during pulling of the casing, reaming for surface casing, and cementing of surface casing. Filling the existing test hole with gravel or other materials will not be allowed. Once the plug has been set, the 20 feet of 6 -5/8 -inch surface casing in the test hole shall be pulled. 32 X SPECIFICATIONS FOR PRODUCTION WELL 1. General. Drilling or reaming operations required to set the surface casing and construct the water well from land surface to a depth of 500 feet shall be conducted with conventional mud rotary, air rotary or reverse circulation rotary drilling methods and equipment. Below the bottom of the surface casing, the drilling and reaming operations shall be by conventional air rotary or reverse - circulation methods. The following specifications for production well construction including materials and settings and work to be conducted shall be used as a basis for bidding of the production well. Unit prices shall then be used to adjust the price based on actual materials set and work conducted. 2. Surface Casing. a. Reaming. The hole for the surface casing shall be reamed to a minimum diameter that is 4 inches greater than the outside diameter of the surface casing. b. Casing. The casing shall be set and cemented in one continuous operation. The surface casing which shall be set shall be new steel pipe having a minimum outside diameter of 12 -3/4 inches, a minimum wall thickness of 0.375 inch, and a weight of not less than 49.5 pounds per foot. The casing shall have plain ends bevelled for welding. The surface casing shall be equipped with centralizers, located 10 feet above the bottom of the casing and at approximately 70 -foot intervals to hold the casing in the center of the hole. The top of the casing shall extend two feet above the land surface. The bottom of the casing shall be set at 500 feet below land surface. c. Welding. Welding of the surface casing shall be done in accordance with the American Welding Society Specifications and American Petroleum Institute Specifications. d. Cementing. The surface casing shall be cemented in place with a minimum of two inches of cement grout around the outside of the 33 casing from bottom to top. The cement shall be placed by a standard Halliburton pressure cementing method, involving pumping cement from the bottom of the casing up the outside of the casing. The cement used shall be Portland with eight percent gel additive. The cement and gel shall be mixed with water to have a slurry weight of 13.1 pounds per gallon. A reserve of at least 25 percent over the calculated volume of cement required for the cementing shall be stocked on location as a safety factor to fill any section of the hole which may have become enlarged during drilling. The cement after placement shall be allowed to set for a period of not less than 48 hours, after which the plug at the bottom of the casing may be drilled. In the event cement returns are not obtained at the surface, the balance of the annulus shall be filled with a cement slurry by pumping down a tremie pipe outside the casing. 3. Reaming. The hole below the surface casing shall be reamed to a minimum diameter of 11 -3/4 inches to a depth of 555 feet. The hole from 555 to 600 feet shall be cleaned out and shall not be less than 6- inches in diameter. 4. Acidization. An acid treatment of a 15% solution (by weight) of hydrochloric acid with suitable inhibitor will be administered by the Contractor to the well. The Contractor shall set tubing at a depth selected by the Owner, seal the casing and inject the acid. The acid treatment will be performed by an approved acidizing company which has had prior successful acidizing experience in the Edwards Formation. A base quantity of 5,000 gallons of acid or other amount as determined by the Owner will be applied followed by equal quantities of water. 5. Well Development. a. Methods and Purposes. The well shall be thoroughly developed by bailing and by backwashing and pumping with the test pump equipment specified. Well development must begin within 36 hours from the start of the acidization treatment. The purpose for development is to remove the spent acid and any material that has penetrated the face of the water - bearing formation during drilling and 34 construction operations. The methods and procedures used for development shall be at the option of the Contractor, but subject to approval by the Owner. b. Development Time. A development time of 6 hours is estimated to be required to obtain proper development of the water well. Development of the well shall not be stopped without approval of the Owner. The Owner shall have the option of requiring less than 6 hours of development if the Owner considers the well to be developed. The Owner shall also have the option of requiring more than 6 hours of development. A record of development time shall be maintained by the Contractor during the development phase. Except for the time required for the first installation of the test pump and motor, the time required for installation and operation of development tools and equipment and development tests shall be recorded as development time. Time spent on the first installation of the test pump and motor and on rig, tool, or equipment repairing, or waiting time for tools or equipment, shall not be logged as development time. c. Sterilization. After the test pump is installed, at least 50 pounds of 70 percent granulated calcium hypochlorite shall be poured in the well and the well agitated by turning the pump on and off without discharging water at the surface. d. Development Tests. Water production tests and measurements of the static and pumping water levels shall be made at intervals during the development to evaluate the progress made by the development operations. The production tests shall be made with test pump equipment and at various rates of production. 6. Pumping Tests. a. Test Pump Equipment. The Contractor shall furnish and install and operate a test pump complete with engine or electric motor, airline, water -level measuring pipe, and pipe orifices for measuring 35 pumping rates from 200 gallons per minute to 1,000 gallons per minute. The Contractor shall furnish at least 100 feet of 8 -inch discharge pipe, if necessary, to conduct the water away from the well during development and the pumping tests. The pump and engine shall be in good operating condition. The pump and engine shall have a capacity ranging from not more than 200 gallons per minute with a pumping level no deeper than 250 feet to at least 1,000 gallons per minute with a pumping level of 500 feet. The pump shall be equipped for depths of pump settings as great as 500 feet and shall include a 1 -1/2 inch steel water -level measuring pipe set alongside the pump column. A valve shall be provided on the pump discharge near the pump to assist in regulating the rate of discharge. b. Pumping Test Schedule. Unless otherwise required by the Owner, the pumping test of the well shall be made for a period of 36 hours. However, the Owner shall have the right to change this schedule as it sees fit and to increase or decrease the number of hours of actual pumping time within the base amount of 36 hours of testing time herein specified. c. Step Test. A 12 -hour step test shall be run at rates of production as determined by the Owner. Measurements of the rates of production and the water levels shall be taken at 15- minute intervals during the test. Measurements of the water level shall be made with a steel tape or electric measuring line to the nearest 100th of a foot and checked by means of an airline. d. Continuous Test. After the step test is completed, the well shall be allowed to recover for 6 hours after which the well shall be pumped continuously for 12 hours at a constant rate of production as determined by the Owner. After 12 hours of continuous pumping, the well shall be allowed to recover for 6 hours. Measurements of the rate of production and depth to water level shall be taken at 15- minute intervals during the pumping and recovery periods. 36 e. Chemical Analysis of Water. Two one -gallon water samples shall be collected from the well just prior to the end of the 12 -hour pumping period. Each sample shall be labeled with the well number, date, time of collection, pumping rate, well depth, and name of collector. The Contractor shall promptly have a standard complete analysis made of one sample of the water by a laboratory acceptable to the Owner. The analysis shall include accurate determination of all mineral constituents normally included in a complete analysis, and all others normally included in an analysis of municipal water by the Texas State Department of Health. The results of the analysis shall be furnished to the Owner. The other sample shall be delivered to the Owner for safekeeping. 7. Well Cleaning. After testing of the well is completed and the pump is pulled, the well shall be sounded and if there is any material inside the well above the bottom of the well, this material shall be cleaned out of the well. 8. Sterilization. During the latter stages of development pumping of the well, after at least 150,000 gallons of water have been pumped following any sterilization procedures and there is no chlorine residual in the water sampled, three samples of water shall be collected in sterile containers and tests made for coliform organisms. The samples shall be taken and the tests made by a laboratory approved by the Owner, and the Owner shall be furnished a copy of the laboratory reports prior to completion of the pumping tests. If any coliform organisms are found present in the samples, the Contractor shall resterilize the well and have the water resampled as stated above until such time as no coliform organisms are found present in a water sample collected after at least 150,000 gallons of water have been pumped from the well following sterilization and there is no chlorine residual in the water sampled, or until such time as the Owner becomes convinced that coliform organisms exist naturally in the water - bearing formation and are not present in water produced from the well as a result of the operations of the Contractor. The Contractor shall not move the drilling rig from the well until this provision is met. 9. Suspended Solids Content Guarantee. During the development tests and pumping tests, the suspended solids content of the water from the well shall 37 be measured by the Owner with a four -liter Imhoff cone, catching the water at the lower edge of the discharge orifice. The samples shall be taken after one -half hour of continuous pumping and after three hours of continuous pumping - all at a rate of 400 gallons per minute or at a pumping rate which causes approximately 250 feet of drawdown of the water level in the well after three hours of pumping, whichever is smaller. The water produced from the well shall not contain more than 0.1 milliliter (ml) of suspended solids per four liters of water after one -half hour of continuous pumping at the required rate and 0.05 ml of suspended solids per four liters of water after three hours of continuous pumping at this rate. In case the Owner finds the suspended solids content to exceed either of these limits, the Contractor shall resume development operations at his own expense, with no extra charge to the Owner, until such time as there are no excess suspended solids in the water pumped or the Owner is convinced that suspended solids exist naturally in the formation and are not the result of the operations of the Contractor. All additional pumping tests required to check the well's performance shall be at the Contractor's own expense with no extra charge to the Owner. If the Contractor is unable to meet these conditions, the Owner shall not accept the well and no payment will be due the Contractor for the well. 10. Capping. After testing and after approval of the well by the Owner the well shall be capped in a manner approved by the Owner. Before capping, it shall be sterilized by adding 10 pounds of 70 percent calcium hypochlorite tablets. 11. Well Records. Upon completion of the well, the Contractor shall furnish in triplicate a complete written record of the well showing the type and locations of all material settings, and all other pertinent information required to complete properly detailed records of the well. 12. Completed Well. The completed well shall be left by the Contractor in good condition, meeting all the requirements of these specifications as to the diameter, material settings, and the like. The well will not be accepted nor the Contractor paid by the Owner for the well if any of the well's component parts is left in a damaged condition. 13. Alternate Well Construction. Prior to the start of construction of any production well the Owner may elect to have the well constructed so that the 38 well is suitable only for irrigation purposes. If directed by the Owner, the Contractor shall cement only the top twenty feet of casing in the hole rather than the entire casing string. The cementing method shall be selected by the Contractor and approved by the Owner. In addition, no sterilization procedures, nor bacteriological sampling or requirements regarding water free from coliform organisms will be required of the Contractor. The Owner may elect to construct in this manner any production well drilled under these contract documents. Price adjustment for this alternate well construction will be based on Item 14 of the Bid Proposal. 14. Drawings. The location for the Work to be done under these specifications is shown in Drawing 1. The Work to be done under these specifications is described in part by Drawing 2. RK:dw 192 /NW 39 DRAWING V-, Depths + 2 feet Centralizers Placed At Intervals Specified Bottom of Casing 500 feet Bottom of 11 -3/4 -inch hole -555 feet Total Depth ■- "\`A00 feet i_ ,t 9;T43%,1 A y � ti •- � r RIDGE KAISER_ ° i 46853 . 4 Cit` gersT,r�``.`` .•° Registration No. 46853 R.W. Harden Drawing 2 Well Design City of Round Rock Production Well Round Rock, Texas X Ridge `Kaiser, P.E. Welded Plate Cover Natural Grade 12 3/4 -inch O.D. casing 16 -3/4 -inch minimum diameter hole Cement Grout 11 -3/4 -inch minimum diameter open hole 6 -inch minimum diameter open hole Date /y/.; & Associates, Inc. • Consulting Hydrologists and Geologists • Austin, Texas .CQVERAggS.' ^ Y 4;44, r IZ 3,4 PROPERTY DAMAGE :T; $ iability & and Utilities (OISEASFEACH EMPLOYEE) DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS The City of Round Rock,Tx is Added As Additional Insured With.Respects For Construction of A Water Well Near The City of Round Rock Tx The Company Waives Its Right of Subrogation Against The City CERTIFICATE `HOLDER 2$ »,9'1 i /.5 if CAN CELLATION: ,su3� BOOILY NJURY /PER PERSON) X 1 1 ♦: IF tI a i . � : PRODUCER Peavy Insurance Agency P 0 Box 461348 Garland Texas 75046 -1348 INSURED J L Myers 8325 Forney Rd Dallas Texas 75227 City of Round Rock 214 E Main Round Rock Texas 78664 WA" THIS CERTIFICATE I5 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. COMPANY A COMPANY n LETTER COMPANY `. LETTER COM p LETTER COMPANY LETTER udes Con Damage T COMPANIES AFFORDING COVERAGE C NA PROOUCTS•COMP /OPS AGGREGATE PERSONAL & ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) CSL $ $ $ $ $ 1.000 $ 50 $ B (EACH ACCIDENT) (DISEASE•POLICY LIMIT) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, THE ISSUING COMPANY 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 COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE l y , :✓ • ; ` Peavy Insurance Agenc CO LTR THIS I5 TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAMS MADE 1OCCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE AUTOMOBILE LIABILITY TYPE OF INSURANCE ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRES AUTOS NON OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY TESE Remarks Comprehensive Gen Coverage For Expl POLICY NUMBER 1561141 1561138 1561148 ral Triability Inc sion & Collapse , POLICY EFFECTIVE DATE (MWEIDI Y) 2 -14 -90 2 -14 -90 2 -14 -90 POLICY EXPIRATION DATE (MAVDD/YO 2 -14 -91 2 -14 -91 2 -14 -91 ractual Undergr ALL LIMITS IN THOUSANDS GENERAL AGGREGATE $ EDICAL EXPENSE (ANY ONE PERSON) STATUTORY $ 1,000 $ O�MENCE •ASREO*TE $ 1,000 $1,000 CODE • R- wI_•ecu.rrv•rrx -.0 �r "u'�11 "•. "�t;, I • �� •F� SUBCOOE Myera Company 8325 Forney ad. • ss 75227 . COMMERCIAL GENERAL LIABILITY 7 r: " • ".' CLAMS MMES .. CCCUR, • OWNPFS a CONTRACTOR'S PROM., ate Porter I*•s. ]I'g nej • P:.4. Box . 742915 Dallas, Texas 75374 Attn: J'aaeD Harold Porter 'X 1Jr i ;,0gutlabpsra NA"u %i BilliEMEM i AIM fold ? 1 VaiffirMITMOMASI . , r; egailit1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 7'O THE' INSURED NAMED ABOVE FOR THE POLICY PERIOD • INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTAACT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXPIRATION TYPE OF INSURANCE ... .. .. _... _......_ ............ ..- ___...._— ___. -. -.— __._-- _._.r...- • co r LTfl; POLICY NUMBER I POLICY EFFECTIVE (MM/DO/Yr. I'6ATEtt1MrD0lYY) ALL LIMITS IN THOUSANDS A ..____.___ IITOYOB¢ LIABILITY I. • ANY AUTO 1 ALL OWNED AUTOS SCHEDULED AUTOS • HIF1® AUTOS t NONGWNSD AUTOS I.GARAGE LIABILITY I -... •Y• -- _.....• •..._ _...__ _...._. _ .._._....._ I EXCESS LUABBTIY OTHER THAN UMBRELLA FORM • — • WORKER'S COMPENSATION I -- • C OMPANY LErrEa Ci COMPANY D LETTER � COMPANY E - J' �' .. LETTER kht; STATUTORY I'ii N ^lti''. _•y•,�:, .:S _., . AND '. :. f '• ` - : S . • • 49 poi AC ,.. 'J ii 3 w•7 yI ` -U Vo , #1,4.91 • •i Ns • (DISEASE -POLICY LIMIT) EMPLOYERS• LUVSILRY • i *. . (DISEASE —EACH EMPLOYEE OTHER 1, J. • DESCIBPrIDx of oPERATIOnsA: ocATnxlsnExla •EBmE9TRlc'noxWSPEUaL ITEMS a 4% ISSUE U.IMIU AT D/YV) • I a7 -4o THIS CERTIFICATE )S I, §SVEO'AS A MATTER OF INFORMATION ONLY. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ THIS CERTIFICATE DOES NOT AMEND, , EXTEND OR ALTER "'NB COVERAGE AFFORDED BY THE POLICIES BELOW CQMPANMES AFFORDING COVERAGE WM A LETTER . .. t7 Cos__ COMPANY B LETTER .' .. •'. City of DooDad Dock 214. E. Man • • d lank, 'JEAN 78664 ACDiiD rw 1c . 771 "', v;:X'',1:�4T • 11 iI PT, ;i7, 71 AUf/IORT¢3 HEPRFSENTATWE GENERAL AGSREGATE ( s• PRODUCTBSGABIOPSAOBREOATfl S PERSONAL .I PERSONAL 8 AOYERTISING INJURY: -S EACH OCCURRENCE, I FIRE OAMAGE (Any one Ws) I S I EXPENSE Way one,pammy COMBINED • SINGLE I . 1 . 1.1 . mtr 1. e BODILY . INJURY S '(Per PeROo) BODILY INJURY J i (PST Pcciernl PROPERTY I DAMAGE _ °•"— '"'"• "'� ""•" W • • AGGREGA ..; OCCURRENCE! ' s. h• •rr •�� ,I�, i .g9P51t ��;ll�;�B i ; N `F" nil( Itrai I ? F,�l Ifir, aAU1�WfliJNb l lr!ufr t•!!!I �I,r' IL '11.WRI'9Fi9 Tr. ' snows) ANY QFyHE••AQ1(E B DESCRIBED POLICIES BE CANCELLED BEFO ,RE THE . EXPIRATIONAA.TE` ;:Tig*,F, THE ISSUING .COMPANY WILL ENDEAVOR TO MAI(.;C,DA IVR ITEysNGTCE TO THE C NAMED TO THE LEFT., :SUT FAIWRE, r9, AtL SUCH .NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY.KIND, UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. . ** TOTAL PAGE.002 **