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HomeMy WebLinkAboutResolution - 2005-R0342 - Contract For Remediation Of Former Police Firing Range - MT, LLC Of Wheat Ridge - 07_28_2005Resolution No. 2005-R( July 281,2005' Item 32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for remediation of former police firing range — 615 Municipal Drive, by and between the City of Lubbock and MT2, LLC of Wheat Ridge, Co., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of July , 2005. MARC MC OUGAL, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: S Dan Dennison Environmental Compliance Manager APPROVED AS TO FORM: Jo M. Knight, Assist ity ttorney gs/ccdocshes-Contract-MTz LLC July 18, 2005 No Text I City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T11 STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ITB # 05-062-MA, Addendum #2 ADDENDUM #2 05-062-MA Remediation Former Police Range - 615 Municipal Drive DATE ISSUED: June 8, 2005 CLOSE DATE: June 15, 2005 @ 3:00 P.M. CST NEW CLOSE TIME: June 15, 2005 @ 4:00 P.M. CST The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. I. Bid Due Time as CHANGED from June 15, 2005 @ 3:00 PM to June 15, 2005 @ 4:00 PM. i THANK YOU, '=M- asta 1=701azez CITY OF LUBBOCK ._. Marta Alvarez Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-062-MAAd2 1 �.J City of Lubbock PURCHASING DEPARTMENT _ ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.4,x.us ITB # 05-062-MA, Addendum #1 ADDENDUM #1 05-062-MA Remediation Former Police Range - 615 Municipal Drive DATE ISSUED: May 24, 2005 I OLD CLOSE DATE: June 1, 2005 @ 3:00 P.M. CST NEW CLOSE DATE: June 15, 2005 @ 3:00 P.M. CST The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bid Due Date as CHANGED from June 1, 2005 @ 3:00 PM to June 15, 2005 @ 3:00 PM. THANK YOU, Aa tta --4f1azsz CITY OF LUBBOCK 3 Marta Alvarez Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-062-MAAd1 1 CITY OF LUBBOCK SPECIFICATIONS FOR REMEDIATION OF FORMER POLICE FIRING RANGE - 615 MUNICIPAL DRIVE ITB #05-062-MA Plans & Specifications may be obtained, at the bidder's expense, from THE REPRODUCTION COMPANY htti)://-Dr.thereproductioncom,ogLny.com/ Phone: (806) 763-7770 "A City Of Planned Progress " CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK INVITATION TO BID [TOM TITLE: REMEDIATION OF FORMER POLICE FIRING RANGE - 615 MUNICIPAL DRIVE ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 05-062-MA PROJECT NUMBER: 8502.8107 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT I NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #05-062-MA Sealed bids addressed to Victor Kilman, Purchasing & Contract Manager, City of Lubbock, Texas, will be received in the office of the Purchasing & Contract Manager, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 1st day of June, 2005, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "REMEDIATION OF FORMER POLICE FUZING RANGE - 615 MUNICIPAL DRIVE" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the ¢ Purchasing & Contract Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing & Contract Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clock p.m. on the 1st day of June, 2005, and the City of Lubbock City Council will consider the bids on the 23rd day of June, 2005, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY t ' WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre bid conference on 24th day of Mav, 2005 at 11:00 o'clock a.m., in TRAINING ROOM L01, Lubbock, Texas. I Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405, PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE BIDDER'S EXPENSE, FROM THE REPRODUCTION COMPANY, hiip://pr.thereproductioncompany.com/, Phone: (806) 763-7770. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing & Contract Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775- 2018 at least 48 hours in advance of the meeting. THE REPRODUCTION COMPANY West Texas Reprographics Headquarters 2102 Ave. Q Lubbock, TX 79411 (806)763.7770 z... (888) 889-5978 kifp://pr.fhereproductioncompany.com CITY OF LUBBOCK VICTOR MAN PURCHASING & CONTRACT MANAGER GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish REMEDIATION OF FORMER POLICE FIRING RANGE - 615 MUNICIPAL DRIVE per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, the 1st day of June, 2005 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #05-062-MA, REMEDIATION OF FORMER POLICE FIRING RANGE - 615 MUNICIPAL DRIVE" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman Purchasing& Contract Manager g City of Lubbock 1625 13th Street, Room 204 ' Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing & Contract Management Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WII.L NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandatM pre -bid meeting -- will be held at 11:00 a.m., May 24th, 2005 in TRAINING ROOM LO 1, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPde op t.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINTKSSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Department will be available over the Internet at http:Hwww.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by L the City of Lubbock Purchasing & Contract Management Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. F", 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to 4 comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing & Contract Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing & Contract Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing & Contract Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under ...., 2 Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS _. It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice ,_. to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing & Contract Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: MARTA ALVAREZ, SENIOR BUYER City of Lubbock 1625 13th Street Lubbock, Texas 79401 A Fax: (806) 775-2164 Email: MAlvarez@mylubbock.us RFPDepot: http://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within FORTY- FIVE (45) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 3' J 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and w warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be _ 4 delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the ' Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR a The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK F The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. r 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting fiom his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT IJ NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil 6 i 3 Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is .° approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 27 28 29 L 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall firrnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's LL qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. I- 8 (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Minimum Qualifications Company Experience — Contract shall indicate the number of years that it has been in business as a going concern and demonstrate that it has offered and performed remediation services during this time. Contractor shall indicate the number of projects that it has successfully completed during the previous five years involving the stabilization of metals. Client references pertaining to the projects shall be included along with general project information regarding size, scope, execution details, etc. Key Personnel — Contractor shall provide resumes for a primary and alternate site superintendent who will execute the project. Indicate the number of years that each superintendent has field supervisory experience, and the number of metals stabilization projects completed by each superintendent. Client references pertaining to the projects shall be included along with general project information regarding size, scope, execution details, etc. Contractor shall also provide resumes for a primary and alternate Project Manager who will be the contractor's prime contact between the Owner and the Owners representative. The Project Manager shall have a B.S. Degree in engineering, enviromnental science, or a similar field and experience as a project manager (indicate number of years experience). Indicate the number of successfully completed metals stabilization projects for each project manager. Client references pertaining to the projects shall be included along with general project information regarding size, scope, execution details, etc. Schedule — The contractor shall submit a draft schedule that meets the requirement for project completion in 30 calendar days from the date of mobilization. Technical Approach — The contractor shall submit a detailed technical approach demonstrating an understanding of the scope of work and the technical aspects of the work. The purpose is to provide the Owner with a thorough understanding of how the contractor proposes to complete the scope of work as specified. The submitted technical approach will serve as the basis for an operational workplan during remediation. The written proposal shall address in detail, at a minimum, the following aspects of the work: Mobilization Site Facilities Site Layout Sequencing Cleaning of adjacent properties Demolition Decontamination/Recycling of concrete Recycling of steel Screening/Recycling of spent bullets Removal of soil from under trough and around wells Health and safety Decontamination Air monitoring Dust control I ; Cross contamination prevention Transportation and disposal Soil management — new range Stabilization Grading Site Restoration/Seeding .,.j 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid amount. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 10 BID SUBMITTAL BID SUBMITTAL LUMP SUM BID CONTRACT DATE: June 14, 2005 PROJECT NUMBER: #05-062-MA — REMEDIATION OF FORMER POLICE FIRING RANGE — 615 MUNICIPAL DRIVE Bid of MT2, LLC (Metals Treatment Technolol;ies) (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a REMEDIATION OF FORMER POLICE FIRING RANGE — 615 MUNICIPAL DRIVE having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: Eleven Thousand Four Hundred Ten Dollars ($ 11,410.00) SERVICES: One Hundred Sixty -One Thousand Two Hundred Thirty Dollars ($161,230.00) TOTAL BID: One Hundred Seventy -Two Thousand Six Hundred Forty Dollars ($172,640.00) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 45 (FORTY-FIVE) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $0 (ZERO) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for _ Dollars ($ ) or a Bid Bond in the sum of 5% of $id TotAhEight asjj hundred Thirty -'Two Dollars ($$,632.00), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) Attest: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date May 24, 2005 Addenda No. 2 Date June 8, 2005 Addenda No. O&A Date thru June 13, 2005 Addenda No. Date MIWBE Firm Date: June 14 2005 thorized Signature James M. Barthel (Printed to Typed Name) MT2. LLC Company 12441 W. 49`h Avenue, Suite 3 Address Wheat Ridge , Jefferson City, County Colorado 80033 State Zip Code Telephone: 303 - 456-6977 Fax: 303 - 456-6998 Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LIST OF SUBCONTRACTORS R & R Drilling — Lubbock, TX Minority Owned Yes No ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO SECTION 28G OF THE GENERAL CONDITIONS. 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. James M. Barthel Con for (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: MT2, LLC (Metals Treatment Technologies) CONTRACTOR'S FIRM ADDRESS: 12441 W. 49A Avenue, Suite 3 Wheat Ridge, CO 80033 Name of Agent/Broker: Acordia Address of Agent/Broker: 5600 S. Ouebec Street, Suite 300A City/State/Zip: Greenwood Village, CO 80111 Agent/Broker Telephone Number: (720) 528-7585 Date: June 14, 2005 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at 806 775-2165. BID #05-062-MA - REMEDIATION OF FORMER POLICE FIRING RANGE - 615 MUNICIPAL DRIVE 4 I SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas National Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: OUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. OUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. President and CEO Title SUSPENSION AND DEBARMENT CERTIFICATION Federal law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. 16165 ',�M AVULTAM Signature of Comp: Date Signed: June 14, 2005 Printed name of company official signing above: James M. Barthel 7 THE AMERICAN INSTITUTE OF ARCHITECTS r- AIA Document A310 Bid Bond BOND # 04262005-1 KNOW ALL MEN BY THESE PRESENTS, that we METALS TREATMENT TECHNOLOGIES 12441 W. 49TH. AVENUE, STE. 3 WHEAT RIDGE, CO 80033 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY P.O. BOX 9271 SEATTLE, WA 98109-0271 a corporation duly organized under the laws of the State of WASHINGTON as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid -Dollars ($ 5%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for REMEDIATION OF FORMER POLICE FIRING RANGE, 615 MUNICIPAL DRIVE, LUBBOCK, TX (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of April. 2005. 4((Witness) ( 1 ess) C RYL M. HUSTED METALS TREATMENT TECHNOLOGIES (P ' cipal) 6 (Seal) (Title) , C e- I oC4 CONTRACTORS BONDING AND INSURANCE COMPANY (Surety (Seal) (Title)DARRELL C.R. OLSON, Attorney -in -Fact AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. No Text PAYMENT BOND f I BOND #KA3144 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) METALS KNOW ALL MEN BY THESE PRESENTS, that as TREATMENT TECHNOLOGIES, LLC (hereinafter called the Principal(s), Principal(s), and CONTRACTORS BONDING AND INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of * Dollars ($ 172 , 640.0))lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. *ONE HUNDRED SEVENTY TWO THOUSAND SIX HUNDRED FORTY AND 00/100** -, WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 20 , to REMEDIATION OF FORMER POLICE FIRING RANGE, 615 MUNICIPAL DRIVE and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 3RD . day of AUGUST 20 05. CONTRACTORS BONDING AND INSURANCE COMPANY METALS TREATMENT TECHNOLOGIES, LLC Surety (Company Name) *gy, (Title) STEVEN L . WALKER ATTORNEY —IN —FACT 1 By: J-imLS IY7 fia,��1P� (Printed Name) (Sigfdure) Pre-(. 4 i* Cf-0 (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates STEVE WALKER an agent x adxkHhbv t]cto whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. CONTRACTORS BONDING AND INSURANCE Surety COMPANY * By: (Title) Approved as to form: STEVEN L. WALKER ATTORNEY —IN —FACT City of Lubbock By: Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. a 2 in No Text BOND #KA3144 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) METALS TREATMENT TECHNOLOGIES, LLC KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and CONTRACTORS BONDING AND INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of * Dollars ($172,640.0 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. *ONE HUNDRED SEVENTY TWO THOUSAND SIX HUNDRED FORTY AND 00/100** WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 20_, to REMEDIATION OF FORMER POLICE FIRING RANGE, 615 MUNICIPAL DRIVE and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 3RD . day of AUGUST , 20 05 . CONTRACTORS BONDING AND INSURANCE COMPANY Surety * By: (Title) STEVEN L. WALKER ATTORNEY —IN —FACT METALS TREATMENT TECHNOLOGIES. LLC (Company Name) ) By: Tamo M �lG�f 41 (Print d Name A ( nature) Aej ty�-1 5r nL-:G1 (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates STEVE WALKER an agentto whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. CONTRACTORS BONDING AND INSURANCE Surety COMPANY *By: (Title) STEVEN L. WALKER Approved as to Form ATTORNEY —IN —FACT City of Lubbock B Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 i i A CERTIFICATE OF INSURANCE ACORN. CERTIFICATE OF LIABILITY INSURANCE 08/02 joy PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia Mountain West, Inc. CO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5600 South Quebec, Suite 3 0 0 -A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. �70528-7600 reenwood Village, CO 80111 INSURERS AFFORDING COVERAGE INSURED —---- Metals Treatment Technologies, L.L.C. INSURERA:HudSOn Insurance Company - -- 1dba MT2 , Inc. INSURERB: Pinnacol Assurance 12441 W. 49th Street, Suite 3 INSURERC: "Wheat Ridge, CO 80033 INSURER D: —�-- I INSURER E: COVERAGES ~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VTR TYPE OF INSURANCE POLICY NUMBER POLICY EY EFFECTIVE P DATE EXPIRATION M/DDD/yy) , LIMITS A GENERAL LIABILITY FEC610 3 0 7 3 0 7/ 2 8/ 0 5 0 7/ 2 8/ 0 6 EACH OCCURRENCE___!! $3 , 0 0 0, Q 00 X 1 COMMERCIAL GENERAL LIABILITY I X CLAIMS MADE EFk OCCUR FIRE DAMAGE (Any one tire) 1 $5 0 10 0 0 MED EXP (Any one person) $ 5 0 0 0 PERSONAL & ADV INJURY $4 , 0 0O000 X ICont r Pollution GENERAL AGGREGATE $4 0 0 0, 0 0 0 1 GEN'L AGGREGATE LIMITAPPLIES PER: L t POLICY PRO, 1 1 LOC I f PRODUCTS -COMP/OP AGG ; $ , 0 0 0- i A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED I SCHEDULED AUTOS FEC 610 3 0 7 3 ( 0 7/ 2 8/ 0 5 I 0 7/ 2 8/ 0 6 COMBINED SINGLE LIMIT (Ea accident) $1 , 0 0 0 , 0 0 0 BODILY INJURY j $ (Per person) _ X HIREDAUTOS X 1 NON -OWNED AUTOS - --- BODILYINJURY $ (Per accident) _ — PROPERTY DAMAGE ' $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGG $ I ANY AUTO _I j EXCESS LIABILITY OCCUR _ CLAIMS MADE ! EACH OCCURRENCE $ _ AGGREGATE _ ;$ I # $ DEDUCTIBLE !$ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4061663 10 / 0 1/ 0 4 110 / 0 1/ 0 5 WCY LIMITS IX iO R _ E.L. EACH ACCIDENT $1 0 0 0, 000 E.L. DISEASE -EA EMPLOYEE $1 , 0 0 0 000 E.L. DISEASE - POLICY LIMIT ( $1 0 0 0 000 I A ;OTHER !Professional FEC6103073 107/28/05 07/28/061$3,000,000 Each Occ. ;Liability 1$4,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS LAC, and its predecessors, affiliates and successors, officers, employees, agents and representatives additional are included as Additional Insureds on all policies except Workers' Compensation. A Waiver of Subrogation applies on all policies. CERTIFICATE HOLDER City of Lubbock PO Box 2000 Lubbock, TX 79457 SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABJATYOFANYKIND UPON THE INORER,ITSAGENTS OR AUTHORIZED ACORD25-S(7/97)1 of 2 #S199487/M199482 BS1 m ACORD CORPORATION 19E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-s(7i97)2 of 2 #S199487/M199482 t 0 HUDSON INSURANCCuv. Metals Treatment Technologies, Endorsement Number: 7 AUTOMATIC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement, effective 07/28/2005 attaches to and forms a part of Policy Number FEC6103073. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. FE I-0104-319-E RUG-03-2005 09:50 SANFORD AGENCY 806 ?92 9344 P.01 ALiL-M M CERTIFICATE OF LIABILITY INSURANCE 08iO3/200S PRo Ea (806) 92-5S64 FAX (806)792-9344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sanford Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6303 Indiana HOLDER. THIS CERTIFICATE DOE$ NOT AMEND, EXTEND OR ALTER THE COVERAGE ORDED BY THE POLICIES BELOW. P.O. Box 64790 Lubbock, TX 79464 INSURERS AFFORDING COVERAGE NAIL 6 NSURED ll—&—Y-fft—C-fiing Nsvwx National American Ins. Co. 4818 Kant Street INSURER B: Lubbock, TX 7941S INSWIRC: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 SUOJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMrrs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO n pB DF p,MBRANCS POLICY NUMBER POLICY EFFECTIVE PO Y EXPIRATION Lown GENERAL LIABILITY EACH OCCLBiRENCE S 1.0001M EFOE 'NTE,°,,, s 100,0�0t N7 COMMERCIAL GENERAL LIABILITY OP12226423 10/25/2004 10/iS/ZOOS CLAIMS MADE a OCCUR MEO EXP (Any one person) _ $ S 001 A PERSONAL A ADV INJURY i 1 0000( GENERAL AGGREGATE $ 2ION,= GENT AGGREGATE LIMIT APPLIES PER: POLICY X jER(',TLl LOC PRODUCTS . COMPIOP AGG S 2 000' 00( AUTOM009.9 LIA BIWTY ANY AUTO OA11775423 10/25/2004 10/25/2005 CONNED SINGLE LIMIT (Ee 9 1000,00( A ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUY03 BODILY INJURY (PerP—) S BODILY INJURY (Per Bement) ; PROPERTY DAMAGE (Per ecmen1) S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT A ANYAUTO OTHERTHAN EAACC S =-•11I-_� AUTO ONLY; AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE : OCCUR CLAIMS MADE AGGREGATE _ S _� �T 5 S DEDUCTIBLE s RETENTION S WORKERS COMPENSATION ANDTATU- EMPLOYERS' UASIUTY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT S ..__.. E.L. DISEASE - EA EMPLOM4 S OFFICER/MEMRr;R EXCLUDED? MAeawbe antler PROVISIONS bdav E.L. DISEASE - POLICY LIMIT I S LOTH ER 7tractorsA Equip OP12116423 10/25/2004 10/25/200S Scheduled equipment $368,000 ERTIFICATPTION OFE HOLDER/ISNAMED AS BLANKETTNAD M INSURED ON AUTO AND GL WYTH A BLANKET WAIVER OF SUBROGATION ON GL & AUTO AS REQUIRED BY WRITTEN CONTRACT. METALS TREATMENT TECHNOLOGIES, LLC 12441 WEST 49TH AVENUE, STE 3 WHEAT RIDGE, CO 80033 ACORD 25 (200110B) FAX: (303)4S6-6998 SWUM ANY OF THE ABOVE DESCRIBED POLK:IES BE CANCELLED BEFORE THE M(PSRTION DATE THEREOF, THE 18811111410 INSURER WILL FNDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAH. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LUMLm OF ANY HIND UPON THE INSURER, ITS AGENTS OR REPRESENTAMES. AUTHORIZED REPRESENTATIVE *1*- AI 1 A /7 1981 AUG-03-2005 09:51 SANFORD AGENCY 806 792 9344 P.02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) AUG-03-2005 09:51 SANFORD AGENCY 606 ?92 9344 P.03 ...>,.Ir4M yIIV.■� s ii 03/01/2005 F%'WDUCER'(906) 79Z-5S64 I AX (806) 792-9344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sanford Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6303 Indiana HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW. P.O. Box 64790 Lubbock, TX 79464 INSURERS AFFORDING COVERAGE NAIC # INeLIRISD R11701tching INSURERA: National American Ins. Co. 481E Kent Street INSURERS: Lubbock, TX 79415 INSURERC: INSURER D; INSURER E COA Haig THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGRE43ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK wal TYPEOFINSURANCE POLICYNUMBER POLICY 9FFWRVE POLICYEXPiRA N LUiT3 aENERAL LIABILITY EACH OCCURRENCE S 1, 000, 01 -Xj COMMERCIAL GENERAL uASILITY OP12116423 10/25/2004 10/2S/2005 DAMAGETOAnrAl i 100.0 CLAIMS MADE a OCCUR MED EKP (Any one person) 3 5 01 A[P7 PERSONAL & ADV INJURY S 1,000,04 GIIERAL AGGREGATE i 2100.0 GEN'L AGGREGATELIIMII..RT APPLES PE PRODUCTS - COMP10P AGG 3 2 000 . 01 POLICY X JEGT M LOC AUTOMOBILE LIABILITY ANY AUTO OA11775423 10/25/2004 10/25/2005 GOMBgVEDSINGLELIMIT (Me eccldent) s 1,000,01 BOMYINJURY (Per P-) i A ALLOWNEDAUTO$ X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) i PROPERTY DAMAGE (Paraccident) 3 GARAGE LJAWJJTY AUTO ONLY - EA ACCIDENT S OTHER THAN GA ACC i ANY AUTO AUTO ONLY: ACGCG S_.. E XCIEMMBRELLA LtMILITY EACH OCCURRENCE s OCCUR CLAIMS MADE AGGREGATE S 3 i DEDUCTIBLE S RETENTION 3 W0MRS COMPENSATION AND FA EMPLOYFRS' UABILI TY ANY PROPRIETORIPARTNERIEXECUTWE I El EACH ACCIDENT S E.L. D18EmE - EA EMPLOYE s OFFICERLMEMBER EXCLUDED? ■yp�� deeu►►O undo SPECIAL PROV1910N3 (1elOW E.L. DISEASE •POLICY LIMIT I i A HER onttractors Equip 0P12116423 10/25/2004 10/25/2005 Scheduled equipment $368,000 DESCRIPTION OF; OPERATIONS I LOCATIONS I VIMLE3I EXCLUSIONS ADDED BY ENDORSELONT I SPECIAL PROVISIONS ERTIFICATE HOLDER IS NAMED AS PRIMARY ADDITIONAL INSURED ON AUTO AND GL WITH A BLANKET WAIVER OF SUBROGATION ON GL & AUTO AS REQUIRED BY WRITTEN CONTRACT. City of Lubbock P.O. BOX 2000 LUBBOCK, TX 79457 ACORD 25 (2001108) FAX., 775-3281 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE IS MW INSURER WILL ENDEAVOR TO MAIL_ 10 DAYS WRITTEN NOTICE YO THE CERTWICATE HOLDER NAMED TO TH! LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY VAND UPON THE INSURER. rM AGENTS OR REPRESENTA ES. .. TION 199 AUG-03-2005 09:51 SANFORD AGENCY 806 792 9344 P.04 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of ouch endorsoment(s). -A If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this tone does not constitute a contract between _ the issuing insurar(s), authorized representative or producer, and the certificate holder, nor does it j affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. { s wf 1 _J ACORD 28 (2001108) TOTAL P.04 MIX121rd H Wea ,7 A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage shoving workers' compensation coverage to the governmental entity { prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing € extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the ' identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the PI legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the proj ect; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.; 3 CONTRACT CONTRACT # 5983 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of July, 2005 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and MTz, LLC of the City of Wheat Ridge, County of Jefferson and the State of Colorado hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #05-062-MA - REMEDIATION OF FORMER POLICE FIRING RANGE - 615 MUNICIPAL DRIVE- $172,640.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. MTz, LLC's bid dated June 14th, 2005 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNEV WHEREOF, th arties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the ar and day first ove written. CITY OF By: MAYOR ATI _. City (OWNER): APP OVED AS TO CONTENT: r O er'Ll entative Director APPROVED AS TO FORM: -C Attorney COMPLETE ADDRESS: MT', LLC 12441 W. 49`h Avenue, Suite 3 Wheat Ridge, CO 80033 ATTEST: Corporate Secretary GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit MT2, LLC who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative STEVE CLAYBROOK ENVIRONMENTAL COMPLIANCE SPECIALIST H, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES I Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. I 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 1 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION t- It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem ` proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate ns engineers, supervisors or inspectors so appointed, when such directions and instructions are � p consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the (? Contractor and all risk in connection therewith shall be borne by the Contractor. !._. 3 The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall ' inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's 1 Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public a observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the 4 time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use i in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS L The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual L; expenses incurred in preparation for the work as originally planned. I L_. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 6 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's T Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. `; 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and 1 " hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. C 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Lead/Abestos Liability Abatement Fire Damage (Any one Fire) Products & Completed Operations Hazard Contractual Liability Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. Not Required C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; L 8 Bodily Injury/Property Damage, $300,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. Not Required E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) Not Required F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0406.096, Texas Labor _ Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a [ project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and Subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form. (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction: project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 512/804- 4000(http✓/www.twcc.state.U.us/twcccontacts.htIn to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; 12 (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; (vi) retain all required certificates of coverage on file for the duration of the project £ and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that -t materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 13 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against an and all claims liabilities losses damages, expenses and causes of action arising out of in g� Y � g p g , any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. ' 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 14 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of r ' this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $0 ZERO PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's L Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and 15 expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative ( within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such j delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. �-, 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the _ ' 16 specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective F, work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's _ agents and employees, which have not theretofore been timely filed as provided in this contract. L 42. PARTIAL PAYMENTS 43 44 On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final 17 completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. Ir 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. L_J 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 18 r 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. 4 19 In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in ., the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual 20 obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and t condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. - 55. HAZARDOUS SUBSTANCES AND ASBESTOS L Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, R.... Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least t twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and eprovide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five �.4 (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. L..; 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper �3 Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker } Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 r Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 t- Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators �3 Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 -Trailer 8.50 xTractor Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 2 EXHIBIT C f Prevailing Wage Rates Overtime Rate - The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS SUMMARY OF WORK CITY OF LUBBOCK REMEDIATION OF FORMER POLICE FIRING RANGE 615 MUNICIPAL DRIVE 1.0 GENERAL Summary of Work The City of Lubbock has operated the firing range on Municipal Drive for over 20 years as part of the City's Police Academy. The Academy has relocated to the former Reese AFB on the west side of town, and the City is currently operating a new firing range and training area just west of Reese AFB. The goal of this project is to close the former firing range in accordance with the Texas Risk Reduction Program. The general scope of work for this project involves the demolition of site features, screening and recycling of spent small - arms ammunition, stabilization of hazardous soils, transportation and disposal, relocation of soils to the new police firing range, and site restoration. Project requirements are detailed in this document. Additionally, the following figures and tables are linked at the following website: pr.thereproductioncompany.com : Tables Figures Figure 1 — Grid Layout Figure 2 — Soil Excavation at Trough Figure 3 — Soil Excavation Plan New Range Location Map New Firing Range Details Table 1 — Summary of Laboratory Data Table 2 — Summary of Geotechnical Data Table 3 — Summary of Soil Disposal Contacts The City of Lubbock is the Owner. The City of Lubbock contact is: Victor Kilman, Purchasing & Contract Manager City of Lubbock 1625 13t' Street Lubbock, Texas 79457 Phone - 806-775-2167 Fax — 806-775-2164 vkilman(a)_mylubbock. us The Contractor will be required to follow all applicable local, state, and federal laws and regulations pertaining to the work specified herein. The Contractor will be responsible for all permits, including but not limited to a general construction stormwater permit ' under the Texas Pollution Discharge Elimination System. The Contractor shall provide the Owner or Owner's Representative with copies of all permits, stormwater plans, and inspection forms. The Contractor will be required to keep and maintain a project file for the duration of the work. Records shall be provided to the Owner or Owner's representative daily during the work. In general, records that will be required to be delivered to the Owner's representative include but are not limited to the following: • Daily Logs • Waste Profiles • Product Data • Manifests and Weight Tickets • Material Delivery Tickets • Air Monitoring Results • Health and Safety Records • Analytical Results • Recycling Receipts 9 Project Supervision 1.,.' The Contractor is required to maintain competent supervision on the project at all times, either the primary or alternate Superintendent as submitted in the Invitation to Bid (ITB). Substitution of personnel shall be allowed upon prior written approval of the Owner or Owner's representative. The Contractor is required to provide a competent Project Manager at all times to act as the primary contact between the Owner/Owner's Representative and the Contractor. The Project Manager shall be responsible for all deliverables and responses as requested by the Owner/Owner's Representative, and will be required to attend the Pre -Construction (: Meeting and any other meetings deemed necessary by the Owner or Owner's Representative. Should issues arise on the project site the Project Manager shall be required to respond to a request for presence at the project site within 24 hours or sooner if conditions warrant. i Housekeeping The Contractor is required to keep the project work areas in a neat and tidy manner. Under no circumstances will the _ Contractor allow off -site migration of dust, mud, dirt, or debris. Proper decontamination procedures will be employed to prevent cross -contamination of soil and other media. Texas Department of Transportation Property Numerous bullet fragments have been deposited on the TXDOT property to the east of the range. The Contractor is " required to perform a manual cleaning of the pavement the entire length of the property, to a limit approximately 35 feet y east of the project site's east property line. All collected bullet fragments, dust, dirt, and debris will be handled in a manner similar to other like materials located on the project site. 2.0 DEMOLITION Contractor shall properly remove and recycle/dispose the following items and features, except where noted; Contractor to retain all salvage rights: • all wood and Astroturf • all concrete to two feet below grade (see section regarding the target trough); concrete landings i associated with the exit doors to the adjacent buildings to remain • target building to remain • all appurtenances related to the obstacle course • light pole • basketball goal • all concrete retaining walls; the exception is the retaining wall and fence on the south side of the range, j facing Municipal Drive, will remain in place; proper care shall be taken to protect this wall and fence; J additionally, the sides will be trimmed to match the existing wall thickness. • protect all utilities related to remaining facilities and buildings. • all metal, wood, and concrete associated with the backstop 3 No Text • electrical service associated with the range ® the chain link fence and gate at the Municipal Drive entrance to remain I v : All removed items shall be cleaned and decontaminated as necessary to remove accumulated mud and dirt. 5' Target Trough j__ Contractor shall remove the target trough in its entirety. Soil that has accumulated in the trough shall be remediated prior to demolition. All removed items shall be cleaned and decontaminated as necessary to remove accumulated mud and dirt. 3.0 SCREENING OF BULLETS The target impact area of the subject range contains large quantities of spent ammunition. The Contractor is to excavate and screen soils to remove the gross lead that exists. It is generally expected that mechanical separation of bullets and bullet fragments from surrounding soil will be conducted by the Contractor on Grids U and V to a depth of up to one foot, and on Grids Y and Z to a depth of up to two feet. Contractor shall screen the affected soils using methods designed by the Contractor to accomplish the task. Segregated lead will be recycled as appropriate with the contractor retaining salvage rights. Soil remaining from the screening process will be stabilized. 4.0 EXCAVATION AND STAGING The site has been divided into 26 grids, as shown on Figure 1. Soil shall be excavated at a minimum to the depths shown. Depth of excavation shall be verified by mutual agreement between the Contractor and the Owner/Owner's Representative; if a disagreement arises as to completeness of excavation, the Owner's representative shall prevail in the absence of any documentation such as a pre and post excavation survey performed by a Texas Registered Professional Land Surveyor. In areas where soil grids are separated by pavement, grid boundaries for purposes of excavation shall be interpreted as being at the mid -point in the concrete between the adjacent grid boundaries. _. All soil shall be excavated and staged on site. Soil may be staged within the grid boundaries from which it was excavated. Soil relocated outside of the grid of origin shall be staged on poly sheeting. All stockpiles shall be covered with poly sheeting when not in use. Contractor shall be required to hand -expose and/or locate all utilities scheduled to remain. Stockpiled soil will be stabilized and/or sampled in accordance with the submitted workplan, and as required for approval from the disposal facility. Contractor shall assist the Owner/Owner's Representative in obtaining soil samples from under and around the target trough and the wet wells after excavation in these areas has been completed. Results of the laboratory analysis, paid for -- by the Owner, will be provided to the Contractor in approximately 3 days from the time of sample collection by the Owner/Owner's Representative, 5.0 STABILIZATION Based on previous analytical results, some soils contain leachable levels of metals above RCRA regulatory limits. The most heavily impacted soils at the site are likely to be in the areas of bullet impact, such as in Grids U, V, Y, and Z. All - soils that exceed regulatory limits shall be stabilized as necessary. No hazardous waste will be permitted to leave the site. 6.0 HEALTH AND SAFETY Safety is the highest priority during work at the Site and the Owner has established a goal of zero incidents for all r. projects. All work activities at the Site will be conducted in compliance with all applicable safety, health, and environmental L.:: 4 regulations and codes. All work shall be performed in a manner which minimizes the probability of near misses, equipment/property damage, or personal injury. All safety related incidents, including near misses, shall be reported immediately to the on -site Owner/Owner's representative. TRAINING: All employees shall receive training that fulfills the requirements of all applicable federal, state, and local regulations prior to beginning work at the Site. The minimum required training will include, but may not be limited to, the following: ® Employees with duties on the Site must have completed the initial 40-hour "HAZWOPER" training and annual 8- hour "HAZWOPER Refresher' training in accordance with 29 CFR 1910.120(e) and 1926.65(e). • Employees who directly supervise or manage site workers must have completed the 8-hour "Hazardous Waste Supervisor' training in accordance with 29 CFR 1910.120(e)(4). • All employees must also have completed "Hazard Communication" training in accordance in 29 CFR 1910.1200. • All employees must have completed "Lead Awareness" training in accordance with 29 CFR 1926.62(I). MEDICAL SURVEILLANCE: All employees with duties on the Site shall be under an annual medical monitoring program that complies with 29 CFR 1910.120(f) and 29 CFR 1926.620). Personnel entering the Exclusion Zone must be approved for the use of respirators by a physician or similar health care provider. In addition, due to the contaminants present (i.e., lead), pre -work and post - project blood lead and zinc protoporphyrin (ZPP) analyses shall be performed on personnel that may be exposed to >_30 pg/m3 lead. The contractor shall be responsible for selecting an Occupational Medicine physician and enrolling applicable employees in a blood lead/ZPP testing program. DELIVERABLES: _f Dust Control Plan (DCP): This document should identify appropriate fence -line goals for Criteria Air Pollutants (including lead and PM,o particulates) at the Site and the actions to be implemented to ensure compliance with the National Ambient Air Quality Standards (NAAQS) in 40 CFR 50. The DCP may be submitted as a part of the site specific Health and Safety Plan (HASP). The DCP portion will be reviewed for comment and approval by the Owner or Owner's Representative prior to the initiation of field activities. Emergency Response and Contingency Plan (ERCP): This document should identify the personnel responsibilities, communication procedures, equipment, materials, and contingency plans to be implemented in the event of a fire, spill, natural disaster, or medical emergency at the Site. The ERCP may be submitted as a part of the site specific HASP. Site Specific Health and Safety Plan (HASP): This document is a key element in the proper planning of project work, which is necessary to assure that the goal of zero incidents is achieved. The HASP should specify the policies and procedures which protect workers and the public from potential hazards posed by work at the _r Site. The HASP should identify the chemical, physical, and environmental hazards for each work task to be performed; detail the policies, actions, and procedures to be implemented that mitigate these hazards by means of an Activity Hazard Analysis or Job Safety Analysis; identify the lines of communication and safety -related responsibilities of all personnel; specify the personal protective equipment (PPE) requirements with selection criteria for respiratory protection; detail equipment and personnel decontamination procedures; and identify the specific workplace air monitoring to be performed as well as the associated action levels. Lead Compliance Plan (LCP): This document should identify the specific procedures and controls necessary to prevent employee exposures to lead that may occur during demolition activities at the Site. The LCP may be submitted as a part of the site specific HASP. I SAFETY MEETINGS I_._ All on -site personnel shall attend a pre -work, on -site, site -specific orientation which will be conducted by the Contractor's €+.__= project health and safety officer, or designee. In addition, a daily tailgate safety meeting will be conducted each morning prior to work and shall be attended by all personnel who will work on the site that day. 7.0 OFFSITE TRANSPORTATION AND DISPOSAL Soil that has been profiled and approved for disposal will be loaded onto trucks for transportation to the Contractor - designated landfill. The Contractor shall use care and caution as necessary to prevent truck traffic from impeding normal pedestrian or vehicular traffic. At no time will any vehicle be permitted to leave the site with mud or dirt on the tires or siderails. All loads will be covered during transportation. 8.0 SOIL RELOCATION Once soil remediation activities have been completed, the remaining soil from the berms will be relocated to the new police training area on Highway 114, approximately 1 mile west of the former Reese AFB. The soil will be removed to the extent to provide a flat surface topography across the site. The relocated soil will be graded and shaped into berms with the same cross -sectional dimensions as the berms at the new range. The exact location will be determined by the Owner during construction. Although no compaction requirement is specified, contractor shall use the necessary procedures to ensure constructed berms maintain their shape. Contractor - shall be required to repair any slumps or slides within one year of project completion at no additional cost to the Owner. Contractor shall protect all facilities at the new range, including but not limited to buildings, overhead utilities and guy wires, sidewalks, septic systems, other site improvements. Ruts shall be repaired as necessary. Contractor shall provide detailed material tracking logs to document that all soil was relocated as specified. 9.0 BACKFILL The former firing range site will be graded as necessary to provide a uniform surface. Contractor shall exercise care so as not to create drainage problems or flooding problems with adjacent properties. It is highly recommended that final grades remain slightly below existing adjacent grades. 10.0 SITE RESTORATION Contractor shall apply a minimum of 100 pounds of grass seed to the former range area after backfill/regarding operations are complete. Grass seed may contain any number or combination of native and/or horticultural species. Broadcast application is acceptable. (-, The Owner/Owner's Representative will obtain confirmation samples after final grading has completed. TABLE 1 - SUMMARY OF ANALYTICAL DATA Client ID Laboratory Identifier Sample Date Matrix ercury, Total (mg/kg) i ver, Total (mg/kg) rsernc, Total (mg/kg) arium, Total (mg/kg) a mwm, 1 Total (mg/kg) , Total (mg/kg) Lead, Total (mg/kg) ntimony, Total (mg/kg) a ernum, Total (mg/kg) ercen Solids (weight %) GRID A 6" L0502319-01 02/10/05 Soil <0.304 <2.47 <6.18 142 <0.62 13.7 585 2.86 0.428 80.9 GRID B 6" L0502319-02 02/10/05 Soil <0.305 <2.32 5.98 131 <0.581 13.2 463 1.6 0.416 82.0 GRID C 6" L0502319-03 02/10/05 Soil <0.292 <2.34 <5.84 139 <0.584 13.1 117 <1.17 0.404 81.6 GRID D 6" L0502319-04 02/10/05 Soil <0.306 <2.33 16.7 135 <0.582 13.1 4080 190 0.452 81.8 GRID D 12" L0502469-01 02/20/05 Soil <0.315 <2.44 7 148 <0.611 13.1 16.8 <1.22 4.26 79.4 GRID E 6" L0502319-05 02/10/05 Soil <0.278 <2.32 5.84 117 <0.579 12.6 73.6 <1.16 0.386 83.0 GRID F 6" L0502319-06 02/10/05 Soil <0.283 <2.42 8.04 124 <0.605 12.7 22.9 <1.21 0.47 82.7 GRID G 6" L0502319-07 02/08/05 Soil <0.279 <2.24 <5.59 209 <0.559 10.5 43.4 <1.12 0.364 85.2 GRID H 6" L0502319-08 02/08/05 Soil <0.296 <2.32 <5.80 213 <0.580 10.7 47.5 <1.16 0.364 84.5 GRID 1 6" L0502319-09 02/08/05 Soil <0.301 <2.19 <5.46 162 <0.546 12.3 37.7 <1.09 0.264 81.7 GRID I SURFACE L0502319-10 02/08/05 Soil <0.295 <2.40 <6.01 198 <0.601 11.3 83 <1.20 <0.261 83.2 GRID J 6" L0502319-11 02/09/05 Soil <0.284 <2.11 <5.27 370 <0.527 7.79 29.7 <1.05 0.414 84.0 GRID J SURFACE L0502319-12 02/09/05 Soil <0.300 <2.40 <6.00 179 <0.600 10.3 75.8 <1.20 <0.240 83.4 GRID K 6" L0502319-13 02/10/05 Soil <0.299 <2.20 <5.49 133 <0.549 13.1 32.3 <1.10 0.427 83.5 GRID L 6" L0502319-14 02/11/05 Soil <0.289 <2.35 <5.88 206 <0.588 9.58 26 <1.18 0.3 85.1 GRID M 6" L0502319-15 02/09/05 Soil <0.293 <2.30 <5.75 205 <0.575 7.4 14.2 <1.15 <0.234 85.3 GRID N 6" L0502319-16 02/09/05 Soil <0.286 <2.29 <5.72 190 <0.572 5.66 <5.72 <1.14 <0.208 87.5 GRID N SURFACE L0502319-17 02/09/05 Soil <0.267 <2.31 <5.78 173 <0.578 5.94 7.19 <1.16 <0.214 86.5 GRID O 6" L0502319-18 02/09/05 Soil <0.289 <2.23 <5.57 236 <0.557 7.02 11.8 <1.11 <0.227 86.4 GRID O SURFACE L0502319-19 02/09/05 Soil <0.266 <2.27 <5.68 243 <0.568 6.34 7.62 <1.14 <0.232 88.0 GRID P 6" L0502319-20 02/09/05 Soil <0.292 <2.29 <5.73 251 <0.573 7.4 11.2 <1.15 <0.234 85.5 GRID P SURFACE L0502319-21 02/09/05 Soil <0.293 <2.35 <58.7 239 <0.587 8.04 13.5 <1.17 NA 85.2 GRID Q 6" L0502319-22 02/09/05 Soil <0.271 <2.26 <5.66 169 <0.566 8.79 15.6 <1.13 NA 86.6 GRID R 6" L0502319-23 02/09/05 Soil <0.292 <2.33 <5.83 204 <0.583 10.7 40.2 <1.17 NA 85.7 GRID S 6" L0502319-24 02/09/05 Soil <0.291 11.2 8.56 218 1.45 24.5 54.4 25.2 NA 85.8 GRID T 6" L0502319-25 02/09/05 Soil <0.278 11.4 8.63 225 1.47 26.3 49.6 25.2 NA 84.2 GRID U 12" L0502319-26 02/09/05 Soil NA NA NA NA NA NA 57.9 NA NA 85.8 GRID U 24" L0502319-27 02/09/05 Soil <0.269 <2.10 <5.24 123 <0.524 11 144 <1.05 NA 88.4 GRID V 12" L0502319-28 02/09/05 Soil NA NA NA NA NA NA 93 NA NA 87.5 GRID V 24" L0502319-29 02/09/05 Soil <0.277 <2.17 <5.44 500 <0.544 11.6 49.2 <1.09 NA 90.2 GRID W 6" L0502443-01 02/08/05 Soil <0.287 <2.27 <11.4 247 <0.568 9.21 9.86 <1.14 14.3 87.2 GRID X 6" L0502443-02 02/09/05 Soil <0.296 <2.37 <29.6 255 <0.592 7.88 14.2 <1.18 16.7 84.5 GRID Y SURFACE L0502319-30 02/10/05 Soil NA NA NA NA NA NA 74700 NA NA 97.7 GRID Y 12" L0502319-31 02/10/05 Soil NA NA NA NA NA NA 3270 NA NA 90.2 GRID Y 36" L0502319-32 02/10/05 Soil <0.303 <2.35 <5.88 123 <0.588 14.6 79.9 <1.18 NA 82.6 GRID Z SURFACE L0502319-33 02/10/05 Soil NA NA NA NA NA NA 83200 NA NA 98.4 GRID Z 12" L0502319-34 02/10/05 Soil NA NA NA NA NA NA 3920 NA NA 94.4 GRID Z 36" L0502319-35 02/10/05 Soil <0.263 <2.14 <5.35 130 <0.535 13 1020 8.67 NA 93.5 DRAIN TROUGH L0502318-01 02/08/05 Soil NA NA NA NA NA NA 7180 NA NA 74.7 TABLE 1 - SUMMARY OF ANALYTICAL DATA City of Lubbock Gun Range Client ID Laboratory Identifier Sample Date Matrix ercury, Total (mg/1) i ver, Total (mg/1) rsenc, Total (mg/1) anum, Total (mg/1) a mium, Total (mg/1) romium, Total (mg/1) Lead, Total (mg/1) ntimony, Total (mg/1) a enium, Total (mg/1) GRID U 12" L0502318-02 02/09/05 Leachate NA NA NA NA NA NA <1.00 NA NA GRID V 12" L0502318-03 02/09/05 Leachate NA NA NA NA NA NA <1.00 NA NA GRID Y SURFACE L0502318-04 02/10/05 Leachate NA NA NA NA NA NA 1540 NA NA GRID Y 12" L0502318-05 02/10/05 Leachate NA NA NA NA NA NA 20.5 NA NA GRID Y 36" L0502318-06 02/10/05 Leachate " <0.005 <0.10 <1.0 <5.0 <0.10 <0.20 <1.0 <2.0 <0.80 GRID Z SURFACE L0502318-07 02/10/05 Leachate NA NA NA NA NA NA 209 NA NA GRID Z 12" L0502318-08 02/10/05 Leachate NA NA NA NA NA NA 7.44 NA NA GRID Z 36" L0502318-09 02/10/05 Leachate <0.005 <0.10 <1.0 <5.0 <0.10 <0.20 6.66 <2.0 <0.80 NA - Not Analyzed BOLD - Analyte Detected Table 2 - Summary of Geotechnical Data Geotechnical Data City of Lubbock Lubbock, Texas Ex -Situ Soil Density Sample # Location Weight of Soil, Ibs Moisture content, % Volume, ft3 Density, pcf Max. Dry Density, pcf Optimum Moisture, % 7591 Grid E 14.9 21.9 0.2497 59.7 102.6 17.9 7592 Grid M 16.7 18.4 0.2497 66.9 114.0 13.8 11 TABLE 3 - SUMMARY OF SOIL WASTE DISPOSAL SCREENING STABILIZATION GRID EXCAVATION DEPTH REQUIRED REQUIRED DISPOSAL CONTRACTOR PERMITTED A 61NCHES NO OPTION LANDFILL CONTRACTOR PERMITTED B 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED C 61NCHES NO OPTION LANDFILL CONTRACTOR PERMITTED D 12INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED E 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED F 61NCHES NO OPTION LANDFILL CONTRACTOR PERMITTED G 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED H 61NCHES NO OPTION LANDFILL I OINCHES J OINCHES CONTRACTOR PERMITTED K 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED L 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED M 61NCHES NO OPTION LANDFILL N OINCHES NO O OINCHES NO P OINCHES NO CONTRACTOR PERMITTED Q 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED R 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED S 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED T 6INCHES NO OPTION LANDFILL CONTRACTOR PERMITTED U 12INCHES YES OPTION LANDFILL CONTRACTOR PERMITTED V 121NCHES YES OPTION LANDFILL W OINCHES NO X OINCHES NO CONTRACTOR PERMITTED Y 36INCHES YES OPTION LANDFILL CONTRACTOR PERMITTED Z 36INCHES YES OPTION LANDFILL 7— 7— ----7 7— 7----',, --1 ----1 r-- ---7 -- - _j _ _7 J 2 CHAIN — FENCE %% OE OF am UWTS OF PROJECT AREA RAILROAD TIES ALONG TOP OF BER N9 "A 4. ASPHALT 24" & CUTTER 4., L z r EIR" RAIL AO TIES ALONG TOP OF BERM o BUILDNO F OF BERM 41.8' 12.8- A P, POSTS 19,7' G OBSTACLE TRWNINC OU,,e H BRICK 81JUING 1 LEGEND. SCALE-- 1" 30' (CONTROL MONUMENT). CLEAN OUT, GAS RISER. LIGHT POLE — — — — — 33.8' — AC AIR CONDITIONER. EASEMENT CM CONTROL MONUMENT — — — — — — ES ELECTRIC BOX, --- -- — — — — — — — PMRD . PHYSICAL MONUMENT OF RECORD MNITY, — CONCRETE BLOCK BUILDING — — — — — — LOCATION OF UNDERGROUND UTILITIES DETERWED FROM SURFACE EVIDENCE AND/OR REPORTED LOCATION AND MAY OR MAY NOT CORRECTLY INMATE THE ACTUAL LOCATION OR EXISTENCE OF THOSE UTXJM. ADDITIONAL UTR.RiES MAY EXIST WHICH THIS SURVEY DOES NOT INDICATE. MGM OF WAY LINES ARE APPROXIMATE LOCATIONS. THIS PLAT INVALK) UNLESS IT BEARS SURVEYOR'S ORKM& SK4NATURE. 0 30 60 SCALE IN FEET 8081 Royal RMP, Sufte 250 Ir*q. Tel�a 75063 (214)277-7800 fq)(214)277-7879 GRID LAYOUT City of Lubbock MF ATION: CHECKED: Former Police Firing Range IGNED: JDETAILED: 1PROJECT NO, FIGURE: MF TFR 836765 1 1 ...... L t :T WELL j/ SOIL EXCAVATION NOTES 1. Concrete trough to be removed, decontaminated as necessary, and rued. 2. Excavate wile minimum of two feet on all sides of trough. 3. Gravel under t ough shell be removed and managed with contaminated sob. 4. Soil excavation under trough shall extend vertically a minimum of two feet from the bottom of the gravel bed. 5, Soil excavation around Wet wall shall exiend tow less than 18 inches laterally from the center of the well In all directions for its entire length end shall extend a minimum of three feet below the well terminus. 6. Contractor shall assist Engineer in obtaining samples from wet well and trough area as needed. EXCAVA WELL TI Soil Excavation at Trough 0 3 6 SCALE IN FEET ® 8081 Royal Ridge, Suite 260 Irving, Texas 75063 (214)277-7800 Sww' tax(214)277-7879 FnCE: DRAWING DATE: Irving I SOIL EXCAVATION AT TROUGH LIENT: PM: City of Lubbock MF DCATION: CHECKED: Former Police Firing Range ESIGNED: DETAILED: PROJECT NO.: FIGURE: MF TFR 2 777 7 --7, 0 30 60 SCALE IN FEET ® 8081 Royal S250 4vhlg, Texas eXas 750806 8 _ (214)277-7800 s ' W M214)Z77-7879 FFIC€: DRAWING DATE: IMnO SOIL EXCAVATION PLAN City of Lubbock MF ATM: CHECKED: Former Police Firing Range IGNEO: DETAILED: PROJECT NO.: FIGURE: MF TFR 836765 8 No Text I-, TopoZone - The Web's Topographic Map Page 1 of 1 j 0 0.6 1.2 1.8 2.4 3 km 0 0.4 0.8 1.2 1.6 2 ni Map center is UTM 13 771757E 3719773N (WGS84/NAD83) Wolfforth quadrangle M=7.919 C Projection is UTM Zone 13 NAD83 Datum G=1.621 1. L http://www.topozone.com/print.asp?z=13 &n=3719772.99881076&e=77175 7.000257631 &s=100&size=s... 1 / 13/2005