request for contractor’s bids 2017 bountiful well ......2.3.4 video recording of well casing and...

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REQUEST FOR CONTRACTOR’S BIDS 2017 Bountiful Well Deep Well Pump Condition Assessment and Repair Project ISSUE DATE: January 5, 2017 ISSUED BY: Weber Basin Water Conservancy District PROJECT: 2016 Bountiful Well Deep Well Pump Condition Assessment and Repair Project OWNER: Weber Basin Water Conservancy District 2837 East Highway 193 Layton, UT 84040 Telephone: (801) 771-1677 1.0 RECEIPT OF CONTRACTOR’S BIDS 1.1 Deadline: Bids will be accepted from Well Drillers (Contractors) that are licensed in conformance with Utah Administrative Code R655-4-3 and wish to provide services generally consisting of the removal, inspection, repair, reinstallation, and start-up of the deep well pump at the District’s Bountiful Well (the Work) until 2:00 p.m., on Monday, January 23, 2017, at which time responsive bids will be opened and read aloud. Bids received after the stated deadline will not be opened or considered. 1.2 Format: Bids shall include a copy of the Contractor’s current Utah license to perform the specified work, and a completed Bid Sheet, found in Attachment A. The envelope enclosing the Bid shall be addressed and submitted to the Weber Basin Water Conservancy District, Attention: Riley J. Olsen, by the stated deadline. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the Contractor, and shall bear the words “Bid for the Bountiful Well Deep Well Pump Assessment and Repair Project”. 1.3 Delivery: Bids may be delivered via courier service (i.e. U.S. Mail, UPS, etc.) or delivered by hand to the following address: Weber Basin Water Conservancy District Attn.: Riley J. Olsen 2837 East Highway 193 Layton, UT 84040 Phone: (801) 771-1677 Electronic submissions will not be considered.

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Page 1: REQUEST FOR CONTRACTOR’S BIDS 2017 Bountiful Well ......2.3.4 Video Recording of Well Casing and Perforations: The Bountiful Well was completed to a finished depth of 822 FBS, with

REQUEST FOR CONTRACTOR’S BIDS 2017 Bountiful Well Deep Well Pump Condition

Assessment and Repair Project ISSUE DATE: January 5, 2017

ISSUED BY: Weber Basin Water Conservancy District PROJECT: 2016 Bountiful Well Deep Well Pump Condition Assessment and

Repair Project OWNER: Weber Basin Water Conservancy District 2837 East Highway 193 Layton, UT 84040 Telephone: (801) 771-1677 1.0 RECEIPT OF CONTRACTOR’S BIDS

1.1 Deadline: Bids will be accepted from Well Drillers (Contractors) that are licensed in conformance with Utah Administrative Code R655-4-3 and wish to provide services generally consisting of the removal, inspection, repair, reinstallation, and start-up of the deep well pump at the District’s Bountiful Well (the Work) until 2:00 p.m., on Monday, January 23, 2017, at which time responsive bids will be opened and read aloud. Bids received after the stated deadline will not be opened or considered. 1.2 Format: Bids shall include a copy of the Contractor’s current Utah license to perform the specified work, and a completed Bid Sheet, found in Attachment A.

The envelope enclosing the Bid shall be addressed and submitted to the Weber Basin Water Conservancy District, Attention: Riley J. Olsen, by the stated deadline. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the Contractor, and shall bear the words “Bid for the Bountiful Well Deep Well Pump Assessment and Repair Project”. 1.3 Delivery: Bids may be delivered via courier service (i.e. U.S. Mail, UPS, etc.) or delivered by hand to the following address:

Weber Basin Water Conservancy District Attn.: Riley J. Olsen 2837 East Highway 193 Layton, UT 84040 Phone: (801) 771-1677

Electronic submissions will not be considered.

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2.0 DESCRIPTION OF WORK 2.1 Background: The Bountiful Well is located at approximately 1250 South 500 West in Bountiful, Utah. It was originally constructed in 1961, and had repairs and upgrades performed in the early 1990s. The well is equipped with an oil lubricated Aurora vertical turbine pump. During recent operations, excessive wobbling of the line shaft has been noticed, and is believed to be caused by worn or faulty bearings, or insufficient lubrication of the line shafting. A map showing the location of the Bountiful Well is included as Attachment B. 2.2 Purpose of Project: The purpose of this project is to remove, inspect, repair or replace any worn or damaged parts, and reinstall the deep well pump along with a new 1-1/4” sounder/transducer pipe at the Bountiful Well. Because removal of the pump also provides the opportunity to inspect the well and perform well maintenance, these tasks will also be completed, at the District’s option, under this contract.

2.3 Contractor’s Scope of Work: The Work shall generally consist of but is not necessarily limited to the following:

2.3.1 All Necessary Permitting: All permitting required with the State or other local

agencies for the work outlined below will be the responsibility of the contractor. Permitting costs shall be included in the “Mobilization” bid item of the bid form.

2.3.2 Removal of Existing Pump and Ancillary Equipment: The Bountiful Well is

equipped with an oil lubricated 14-inch vertical turbine 9 stage pump set at a depth of 350 feet below surface (FBS). Please refer to Attachment C for the well specifications, drawing, and parts list for the existing well piping. The equipment to be removed shall include a 500 hp motor, discharge head and shaft assembly, oil tank and feed line, a combination of 10-inch flanged and threaded column pipe, 3-inch inner column pipe, line shaft bearings, pump (bowls, impellers, etc.), cone strainer, and 1-1/4” sounder tube. The District will remove all power leads and monitoring equipment prior to the Contractor removing the motor. The Contractor shall provide sufficient wooden blocking to set the electric motor in a secure, level, vertical position outside of the pump station, clear of the working area. Care shall be taken to avoid spilling any oil while moving the motor. Once the motor is set aside, the contractor shall supply tarps to cover it with. While removing the pump column, inner column, and line shaft, the Contractor shall take reasonable care to avoid contamination of the well or down-hole pump equipment with dirt, grease, oil, or any other debris, and shall provide new, clean wooden blocking to set the pump column and line shaft upon outside of the pump station to allow for District inspection. Following inspection but prior to

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reinstallation, the contractor shall cover the pump column, inner column, and line shafting with a clean, unused tarp that is securely strapped. At no time are down-hole pump components to be placed directly upon the ground.

2.3.3 Removal of Oil From Well Casing: A layer of oil is currently floating on top of the water in the casing of the well. This layer of oil shall be removed from the well and properly disposed of prior to any down-hole work being performed.

2.3.4 Video Recording of Well Casing and Perforations: The Bountiful Well was completed to a finished depth of 822 FBS, with mills perforations at 435 to 550 FBS, 550 to 657 FBS, 685 to 720 FBS, 728 to 768 FBS, and 780 to 800 FBS. Please refer to Attachment D for the original well drillers report from 1961, the well driller’s report from 1991 when modifications and upgrades were performed, and the well soil log. Following removal of the pump, the Contractor shall perform a video survey to record the environment and conditions through the entire depth of the well on digital media. The camera used shall have side scan capability and produce video imagery with automatic depth indication. The video survey will be made in three dimensions, shall be in color, and shall be marked to show depth below ground surface. Tools used to video survey the well shall be cleaned, disinfected, and free of contamination prior to placement in the well. The recording of the video shall be done in the presence of the District personnel. Two (2) copies of the video recording shall be provided to the District on compact disc or other approved media storage device. The video must be provided in a format that does not require licensed software to view or upload.

2.3.5 Brush, Bail, and Video Recording of Well Casing and Screens (at District's Option):

At the direction of the District, which will be based upon the findings of the initial video recording of the well as described above and the Contractor’s recommendations, the Contractor shall thoroughly brush and bail the well, and re-record video of the well casing and screens to verify and document the level of success of the brushing/bailing effort.

2.3.6 Replacement of Damaged and/or Worn Components: Following inspection and documentation of all damaged and/or worn components, items that are determined to be unfit for continued service will be replaced by the Contractor as directed by the District with items of like size and material and at the unit price provided in the Contractor’s bid. For the purpose of bid pricing, the number of each item to be replaced has been assumed. Actual quantities will be determined following inspection.

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2.3.7 Installation of a New 1-1/4” Flush Threaded PVC Sounder Tube: The District would like a new 1-1/4” flush threaded PVC sounder tube installed to a depth of 350 FBS to be used for a transducer (the existing sounder tube will also be reinstalled with the pump).

2.3.8 Reinstallation of Pump: The Contractor shall reinstall the pump and all other

equipment, and assist the District with Start-Up and recalibration of telemetry equipment.

Although District staff will likely be periodically present throughout the duration of the Work, it will be the responsibility of the Contractor to insure that the jobsite is locked and secure at all times throughout the work, including while no one is present at the site. The Contractor shall take reasonable and sufficient care to avoid damaging any equipment, structures, or asphalt, whether owned by the District or others, at and around the site at all times. In the event that damage to District or other property is sustained, the Contractor will be responsible for repairing said damage to original or better condition. The Contractor shall at all times use proper tools, approved methods, and shall exercise due care so as not to damage the well or aquifer. All aspects of the Work shall be performed in conformance with the standard set forth in Utah Administrative Code R655-4.

3.0 SCHEDULE

The District anticipates finalizing an agreement for the Work by not later than February 1, 2017, and the Work shall commence not later than February 6, 2017, and will be substantially complete by March 17, 2016. By submitting a bid, the Contractor acknowledges and accepts the schedule as specified herein.

4.0 CONTRACTOR’S QUALIFICATIONS The Owner will consider only those Contractors that are licensed to perform the specified services in the state of Utah.

5.0 CONTRACTOR SELECTION The responsive Contractor submitting the lowest bid price, based on estimated quantities in the bid sheet, will be selected as the successful bidder.

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6.0 PAYMENT Payment will be made based upon the actual quantities of items used and at the unit prices provided in the Bid Sheet. The District reserves the right to pay for services described herein in monthly installments, commencing the first month after the Work begins, and continuing throughout the duration of the Work. See Attachment E for a draft copy of the agreement.

7.0 PROJECT ADMINISTRATION

Any questions related to obtaining and preparing a bid for the project shall be directed to the District’s Project Manager: WEBER BASIN WATER CONSERVANCY DISTRICT Attention: Riley J. Olsen 2837 East Highway 193 Layton, Utah 84040 Telephone: (801) 771-1677 e-mail: [email protected]

8.0 OWNER'S RIGHTS RESERVED

The Owner reserves the right to request a Contractor to clarify any part of their Bid. Response(s) to such requests must be made in writing and will become part of the Bid. Unsolicited supplementary information and materials received after the deadline will not be considered in the evaluation. The Owner reserves the right to reject any or all Bid submittals, to waive any formality in the request for qualifications, and to make selection and prequalify Contractors and to modify the schedule and scope of this project as it may best serve the interest of the Owner.

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Attachment A: Contractor’s Bid Sheet

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Item No. Work Element Quantity Unit Unit Price Total Price

1 Mobilization, demobilization, temporary facilities, and administrative items

1 LS $ $

2 Removal of Existing Pump and Ancillary Equipment

1 LS $ $

3 Removal of Oil From Well Casing 1 LS $ $

4 Video Recording of Well Casing and Screens

822 LF $ $

5 Brush and Bail of Well Casing and Screens (Only as directed by Owner)

822 LF $ $

6 Video Recording of Well Casing and Screens (Only as directed by Owner)

822 LF $ $

7 Replace Line Shaft Bearings 40 EA $ $

8 Replace Oil Lube Tubing Section 10 EA $ $

9 Replace Oil Lube Rubber Centering Retainer

10 EA $ $

10 Replace Line Shaft Section (20’) 17 EA $ $

11 Replace Line Shaft Section (10’) 1 EA $ $

12 Replace Line Shaft Coupling 17 EA $ $

13 Replace Discharge Column Section – Flanged (Epoxy Lines)

5 EA $ $

14 Replace Discharge Column Flange Bolts 16 EA $ $

15 Replace Discharge Column Section - Threaded (Epoxy Lined)

5 EA $ $

16 Replace Discharge Column Coupling 5 EA $ $

17 Install New 1-1/4” PVC Sounder Tube (Flush Thread)

350 LF $ $

18 Reinstallation of Pump, Original Sounder Tube, and Ancillary Equipment

1 LS $ $

19 Start-Up 1 LS $ $

Total Cost $

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Attachment B: Project Location Map

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Bountiful Well

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Attachment C: Well Specifications and Piping

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Attachment C: Well Specifications and Piping

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Attachment C: Well Specifications and Piping

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Attachment C: Well Specifications and Piping

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Attachment D: Well Driller’s Reports and Soil Log

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Attachment D: Well Driller’s Reports and Soil Log

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Attachment D: Well Driller’s Reports and Soil Log

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Attachment D: Well Driller’s Reports and Soil Log

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Attachment D: Well Driller’s Reports and Soil Log

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Attachment D: Well Driller’s Reports and Soil Log

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Attachment E: Sample Form of Agreement

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AGREEMENT FOR PROFESSIONAL WELL DRILLING AND PUMP

INSTALLATION SERVICES BETWEEN WEBER BASIN WATER CONSERVANCY DISTRICT AND

_______________________________________________________ FOR

BOUNTIFUL WELL DEEP WELL PUMP CONDITION ASSESSMENT AND REPAIR PROJECT

This Agreement, made and entered into this day of , 20___, by and between WEBER BASIN WATER CONSERVANCY DISTRICT, a water conservancy district organized under the laws of the State of Utah (hereinafter referred to as the "OWNER" or “DISTRICT”), and (hereinafter referred to as the "CONTRACTOR"), WITNESSETH:

WHEREAS, the OWNER desires to obtain professional well drilling and/or pump installation services for the BOUNTIFUL WELL DEEP WELL PUMP CONDITION ASSESSMENT AND REPAIR PROJECT, (hereinafter referred to as the “Project”); and WHEREAS, the CONTRACTOR has represented to the OWNER that it possesses the qualifications necessary to perform the construction services which are desired by the OWNER and which are required for successful completion of the project; and WHEREAS, the OWNER has selected the CONTRACTOR’s proposal submitted in response to the OWNER'S request, and upon the terms and conditions hereafter set forth; NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, the OWNER and the CONTRACTOR agree as follows: SECTION ONE SERVICES OF CONTRACTOR 1. ENGAGEMENT OF CONTRACTOR: The OWNER hereby engages the CONTRACTOR

as an independent contractor and the CONTRACTOR hereby agrees to provide the OWNER

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Attachment E: Sample Form of Agreement

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with construction services, as more particularly described in paragraph 2 below, for the design of the PROJECT.

2. SCOPE OF CONTRACTOR'S SERVICES: CONTRACTOR shall provide to the OWNER

construction services in all phases of the Project to which this Agreement applies. Such services are itemized in Attachment “A” entitled “Detailed Scope of Work,” which by reference is incorporated into and made part of this Agreement.

The DISTRICT reserves the right to reduce the CONTRACTOR’s scope of work as

determined by the DISTRICT according to the CONTRACTOR’s itemized cost breakdown which is outlined in Attachment “B”, entitled “Not to Exceed Fee Proposal” attached hereto and by this reference incorporated herein.

The relationship of the CONTRACTOR to the OWNER is that of an independent contractor and

nothing in this AGREEMENT, or the attachments hereto, creates any other relationship. As an independent contractor, the CONTRACTOR shall have the sole responsibility for paying taxes, workers compensation, employee benefits (if any), and all similar obligations.

SECTION TWO

PAYMENT AND FEES 1. FEES: The DISTRICT will pay to the CONTRACTOR for the construction services

performed pursuant to this Agreement, including all Attachments hereto, an amount not to exceed, without prior written approval, ($ ). This amount shall be distributed among tasks as outlined in Attachment “B”, entitled “Not to Exceed Fee Proposal” attached hereto and by this reference incorporated herein. In the event of a change in the Project Scope, the CONTRACTOR's compensation shall be equitably adjusted, as mutually agreed by the CONTRACTOR and the DISTRICT.

2. PAYMENT OF FEES: The CONTRACTOR shall bill the DISTRICT monthly by submitting

invoices which indicate thereon the services performed and the cost of said services. The DISTRICT will have ten (10) days to accept or reject submitted invoices, and payment on accepted invoices shall be made within 30 days of acceptance.

SECTION THREE CONTRACTOR’S RESPONSIBILITIES 1. The CONTRACTOR agrees that the scope of services for the Project, as described herein, is

adequate and includes the services necessary and incidental to completion of the Project, and that it will perform all services set forth herein;

2. The CONTRACTOR shall provide to the OWNER professionally acceptable services in

conformance with this Agreement and all Attachments hereto;

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Attachment E: Sample Form of Agreement

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3. The standard of care applicable to the CONTRACTOR's services shall be the degree of skill and diligence normally employed by professional CONTRACTORS performing the same or similar services.

4. The CONTRACTOR shall maintain throughout the term of this Project, at its own expense, the following insurance: Worker’s Compensation and Employer’s Liability, Commercial General Liability, and Motor Vehicle (Auto, where applicable). Said insurance shall protect the CONTRACTOR from claims which may arise out of or result from the performance of the CONTRACTOR's services under this Agreement. Limits on said insurance shall be at or above limits reasonably required by contractors performing the same or similar services and shall be subject to approval by the DISTRICT. Prior to commencing work hereunder, the CONTRACTOR shall furnish the DISTRICT with certificates of insurance showing insurance in force for the above-listed coverages.

a. Worker's Compensation and Employer's Liability Insurance as required by the state

or province where the work is performed.

b. Comprehensive Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, non-owned, or hired vehicles, with $1,000,000.00 combined single limits.

c. Commercial General Liability Insurance covering claims for injuries to members of

the public or damage to property of others arising out of any covered negligent act of omission of the CONTRACTOR or any of its employees, agents or subcontractors, with $1,000,000.00 combined single limits.

DISTRICT will be named as an additional insured with respect to CONTRACTOR’s liabilities hereunder in insurance coverages identified in items b. and c. above, and CONTRACTOR waives subrogation against DISTRICT as to item a. above.

SECTION FOUR

DISTRICT'S RESPONSIBILITIES 1. The DISTRICT will provide the CONTRACTOR with information concerning the

requirements of the Project and, consistent therewith and upon request of the CONTRACTOR, will make available to the CONTRACTOR for examination and copy, all books, documents, papers and records of the DISTRICT relating to the Project.

2. Insofar as such are presently available to the DISTRICT, location maps, "as built" drawings,

remote site plans, and other drawings or similar documents shall be provided by the DISTRICT.

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Attachment E: Sample Form of Agreement

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3. The DISTRICT will make provision for CONTRACTOR to enter upon public and private lands as may be required to complete its requirements under this Agreement.

4. The DISTRICT will give thorough consideration to all materials presented by CONTRACTOR and inform CONTRACTOR of all decisions in a timely manner, so as not to delay the progress of the Project.

SECTION FIVE

GENERAL PROVISIONS 1. INDEMNIFICATION: The CONTRACTOR agrees to indemnify and hold harmless the

DISTRICT, it’s officers, agents and employees from and against any and all loss, damages, injury, liability, and claims, including claims for personal injury or death and damages to personal or real property, arising out of or resulting from the CONTRACTOR's negligent acts, errors or omissions, and liens of workmen and materialmen hired or subcontracted by the CONTRACTOR, however caused.

2. LIMITATION OF CONTRACTOR'S AUTHORITY: The CONTRACTOR shall be

hereunder an independent contractor, and as such shall have no authorization, express or implied, to bind the DISTRICT to any agreement, settlement, liability or understanding whatsoever, nor to perform any acts as agent for the OWNER except as herein expressly set forth.

3. DOCUMENTS: The CONTRACTOR shall provide to the DISTRICT, at the

CONTRACTOR's expense, those items which are itemized in Attachment “A” entitled “Detailed Scope of Work” and all other documents created by the CONTRACTOR pursuant to this Agreement, including, but not necessarily limited to, drawings, reports, memorandums, estimates, field notes, construction of approved design or compatible work, and other like data. All such documents created by the CONTRACTOR become the property of the DISTRICT. In consideration of which, the DISTRICT agrees to hold harmless and indemnify the CONTRACTOR against all claims for damages arising out of or resulting from any OWNER re-use of said documents on any other project.

4. GOVERNING LAW: This Agreement shall be enforced, governed and interpreted according

to the laws of the State of Utah. 5. TERMINATION: This Agreement shall terminate (a) upon the completion of the Project and

the DISTRICT’S acceptance (which acceptance shall not be unreasonably withheld or delayed) of all work approved for performance pursuant to this Agreement, or (b) for cause or bad-faith performance by any party if such party fails substantially to perform through no fault of the other and does not commence correction of such non-performance within five (5) days of written notice and does not diligently complete the correction thereafter. In the event of termination prior to completion of the Project, an equitable settlement will be negotiated to compensate the CONTRACTOR for actual costs incurred; provided, however, that in no

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Attachment E: Sample Form of Agreement

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event shall such compensation exceed the maximum cost set forth in Section Two above (exclusive of additional compensation for changes in the Project scope), which maximums shall be reduced by the reasonable cost to finish the work if the DISTRICT terminates this Agreement for cause or bad faith performance by the CONTRACTOR. If the DISTRICT’s reasonable cost to finish the work exceeds the maximum amount set forth in Section Two, the CONTRACTOR shall pay the difference to the DISTRICT, if DISTRICT terminates this Agreement for cause or bad faith performance by the CONTRACTOR.

6. PERIOD OF PERFORMANCE: The CONTRACTOR shall commence work on the first

working day following the date of execution of this Agreement, and shall continue to provide professional services as set forth herein until the project is completed and the OWNER accepts all work performed pursuant to this Agreement (which acceptance shall not be unreasonably withheld or delayed).

7. ENTIRE AGREEMENT: This Agreement, including Attachments incorporated herein by

reference, represents the entire agreement and understanding between the parties. Any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement, addendum or amendment to this Agreement, to be effective, shall be in writing and signed by the DISTRICT and the CONTRACTOR.

8. NOTICES: Any notice required or implied herein shall be accomplished in writing by first-

class mail, postage prepaid, to the last-known address of the party to whom notice is required. Designation of addressee or address may be changed in this same manner.

9. SUCCESSORS AND ASSIGNS: Each party to this Agreement binds himself and his

partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Neither party shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer, director, agent, or employee of any public body which maybe party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the parties to this Agreement.

10. EXPENSES OF ENFORCEMENT: The parties agree that should either party default in any

of the covenants or agreements contained herein, the defaulting party shall pay all costs and expenses, including a reasonable attorney's fee, which may arise or accrue from enforcing or terminating this Agreement or in pursuing any remedy provided hereunder or by applicable law, whether such remedy is pursued by filing suit or otherwise, and regardless of whether such costs, fees and/or expenses are incurred in connection with any bankruptcy proceeding.

11. SEVERABILITY: If any provisions of this Agreement or the application thereof to any

person or circumstance shall be invalid or unenforceable to any extent, the remainder of this

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Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the extent permitted by applicable law.

12. WAIVER: A waiver of any breach of any of the terms or conditions of this Agreement shall

not operate or be construed as a waiver of any subsequent breach thereof.

SECTION SIX SPECIAL PROVISIONS

1. COMPLIANCE WITH ANTI-DISCRIMINATION LAWS: In performance of the work

under this Agreement, the CONTRACTOR shall comply with the provisions of the Utah Anti-Discrimination Act of 1965, and hereby agrees as follows:

a. The CONTRACTOR will not discriminate against any employee or applicant for

employment because of race, color, sex, religion, ancestry, or national origin;

b. In all solicitations or advertisements for employees, the CONTRACTOR will state that all qualified applicants will receive consideration without regard to race, color, sex, religion, ancestry, or national origin;

c. The CONTRACTOR will send to each labor union or workers' representative, where

applicable, notices to be provided, stating the CONTRACTOR'S responsibilities under the statute;

d. The CONTRACTOR will furnish such information and reports as requested by the

OWNER for the purpose of determining compliance with the statute;

e. Failure of the CONTRACTOR to substantially comply with the statute, the rules and regulations, promulgated there under and this nondiscrimination clause shall be deemed a breach of contract and the same may be canceled, terminated, or suspended in whole or in part;

The CONTRACTOR will include the provision of subparts a. through e., above, in every subcontract or purchase order (unless exempted under the statute or rules and regulations) so that such provisions will be binding upon such subcontractor or vendor.

2. MEDIATION: In an effort to resolve all disputes arising out of or relating to this Agreement or CONTRACTORS's services provided to the Project prior to the commencement of litigation, the OWNER and CONTRACTOR agree that all such disputes shall be first submitted to non-binding mediation by a mediator selected by the parties (and in absence of such agreement, by a court of competent jurisdiction upon petition by any party). The costs of the mediator and mediation facilities shall be borne equally by the parties to the dispute.

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3. SUMMARY OF ATTACHMENTS: The following Attachments are incorporated into this Agreement:

ATTACHMENT A – DETAILED SCOPE OF WORK ATTACHMENT B – NOT TO EXCEED FEE PROPOSAL Any other attachment, supplement, addendum, or amendment to this Agreement must

conform to the requirements set forth in Subpart 7 of Section Five above. IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective as of the date first herein above written. _________________________________

WEBER BASIN WATER CONSERVANCY DISTRICT

By:

By:

Title:

Title: Tage I. Flint, General Manager/CEO

Date

Date: