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HomeMy WebLinkAboutResolution - 5582 - Contract-Henderson Environmental Inc-Emergency Response, Cleanup, Disposal_Waste - 08_14_1997RESOLUTION NO. 5582 Item #26 PREPARED BY LEGAL DEPARTMENT August 14, 1997 FOR AUGUST 14, 1997 CITY COUNCIL MEETING 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 Response, Cleanup and Disposal Contract, and any related documents, between the City of Lubbock and Henderson Environmental Inc. 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 Council. Passed by the City Council this 14th day of August , 1997. ATTEST: /6AL I A 11-ayt� Darnell, City Secretary APPROVED AS TO CONTENT: "b� '-�b " Dan T. Dennison, Environmental Compliance Manager APPROVED AS T Richard K. C r, Assistant City Attorney RKC/dk henders.resccdocs/, May 5, 1997 RESOLUTION NO.5582 Item #26 August 14, 1997 RESPONSE, CLEANUP AND DISPOSAL CONTRACT THIS AGREEMENT, effective as of August 14 , 1997, is made by and between the City of Lubbock (the "City"), and Henderson Environmental, Inc., sometimes referred to as HEI (the "Contractor"). WITNESSETH: WHEREAS, the City from time to time discovers Waste (as defined below), within its jurisdictional limits; and WHEREAS, the Contractor maintains a professional staff and employs, as needed, engineers, geologists, hydrogeologists, reactive/explosives/cylinder specialists, and other parties skilled in the cleanup and disposal of Waste which would enable the Contractor to provide for complete and total cleanup and disposal services of Waste; and WHEREAS, the City desires to contract with Contractor to perform response, emergency and otherwise, cleanup and disposal of Waste services within the City's jurisdiction. NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and Contractor hereby agree as follows: ARTICLE I DEFINITIONS SECTION 1.01. The following terms shall have the following respective meanings for all purposes under this Agreement, unless the context clearly requires otherwise: Agreement. This Response, Cleanup and Disposal Agreement, together with all exhibits, schedules and attachments, if any. Effective date. August 14 , 1997. The City. The City of Lubbock, acting by and through the Environmental Compliance Manager, the City Manager, the Assistant City Manager(s), the Incident Commander of the Hazardous Materials Team, and/or any other person as may be authorized by said parties to act in any particular instance under this Agreement. Waste. Any and all chemical substances, including, but not limited to, any sort of pollutants, contaminants, chemicals, raw materials, intermediates, products, industrial, solid, toxic or hazardous substances, materials, or petroleum products, however generated, discovered or produced, and/or any other materials designated as waste by the City. Emergency Response. Response by Contractor which is necessary to eliminate an imminent and substantial risk to human health, safety and/or welfare. ARTICLE II TERM SECTION 2.01. Term of Agreement. The term of this Agreement commences on the Effective Date and continues without interruption for a term of two years from and after the effective date (the "Primary Term"). Following the Primary Term, this Agreement may be renewed and extended by the City, and the City is herein granted an option to renew and extend upon the terms hereof, for two (2) successive one year periods. The extension period, or any of them, may be exercised by the City by written notice delivered to Contractor at least thirty (30) days prior to the expiration of the Primary Term, or extension period, whichever is applicable. ARTICLE III TERMINATION SECTION 3.01. Termination and Remedies. In the event that the Contractor breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it either at law or in equity, including without limitation, immediate termination of this Agreement, assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all rights and remedies shall be cumulative. ARTICLE IV REPRESENTATIONS AND WARRANTIES SECTION 4.01. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is duly qualified to carry on its business in the State of Texas. SECTION 4.02. Corporate Power. Contractor has the corporate power to enter into and perform this Agreement and all activities contemplated hereby. SECTION 4.03. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite corporate action on the part of Contractor. This Agreement constitutes legal, valid, and binding obligations of Contractor and is enforceable in accordance with the terms thereof. SECTION 4.04. Contractor. Contractor maintains a professional staff and employs, as needed, engineers, geologists, hydrogeologists, reactive/explosive/cylinder specialists, and other qualified professionals experienced in the response, cleanup, and disposal of Waste, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the Applicable Laws, regarding the activities contemplated hereby. 2 z SECTION 4.45. Warranly. Contractor will and shall conduct all activities contemplated by this Agreement in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to response, cleanup, transportation and disposal of Waste, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability on the part of the City, it shall be deemed that Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. For the purposes herein, liability shall include, but is not limited to, any action resulting in monetary damage and/or penalty, and administrative orders, consent or otherwise, issued by governmental bodies having jurisdiction over such matters, including administrative orders imposing no monetary damage and/or penalty. ARTICLE V DUTIES OF CONTRACTOR SECTION 5.01. Response of Contractor. Contractor, on or before two (2) hours of receiving notice as hereinafter provided, shall respond within the jurisdiction of the City, to the site of Waste with adequate personnel and equipment, to fully and completely clean up and dispose of all Waste, as contemplated herein, in a timely and efficient manner. Contractor upon such response, shall perform all of the work in connection with the removal and disposal of the Waste and the City shall be under no obligation to assist in said removal or disposal. The costs for said services are set forth in Exhibit "A", hereto. Notice, as contemplated by this Section 5.01, shall be provided by telephonic conversation or telecopier to the following person at the following numbers. Said notice shall be deemed received when provided to Contractor. CONTRACTOR Keno Henderson or Team Leader (806) 744-6278 (office) (806) 762-4427 (fax) (806) 894-7543 (home) SECTION 5.02. Operations of Contractor. Contractor shall perform all activities necessary to eliminate all Waste as notified by the City, and dispose of same in accordance with all laws, rules, and regulations, both state of federal, including, but not limited to, the Applicable Laws. Said activities shall include, but are not limited to, the collection, preliminary clean-up of spills or other deposits of Waste, categorization and identification of Waste, and packaging, manifesting, transportation and disposal of Waste. SECTION 5.03. Authorized Facility. Once removed from the site or sites, Waste shall be transported only by a party duly authorized by governmental authority having jurisdiction over such matters, and said Waste shall be disposed of only in disposal facilities duly licensed by the appropriate governmental authority or authorities to accept Waste, and/or the components thereof. Prior to conducting any activities hereunder, Contractor shall provide to City true and correct copies of all relevant permits and licenses. 3 1 SECTION 5.04. Confidentiality. Contractor agrees to retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. SECTION 5.05. Employment of Agents. Manager may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Agreement, provided that Contractor is in no event relieved of any obligation under this Agreement. Any such agents, contractors or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit of the City and Contractor and naming said parties as additional insureds, insurance as described in Section 5.06. SECTION 5.06. Insurance. Contractor shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form' and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all operations in connection with this Agreement, whether performed by the Contractor, subcontractor, agents or third parties. A Certificate of Insurance specifying each and all coverages shall be submitted to City prior to execution of this Agreement, and shall further provide proof of the below -described insurance on or before fourteen (14) days prior to the first annual anniversary date hereof and every succeeding annual anniversary thereafter, establishing insurance coverage for the succeeding annual period. Further, Contractor shall provide to City proof of the below -described insurance on or before fourteen (14) days prior to the expiration date of each expiring policy, and cause each such policy to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. Any cost or expense necessary to obtain the waiver of subrogation described above, up to a maximum of four hundred dollars ($400.00) per annum, shall be billed to the City. Any and all costs or expenses related to the above -described waiver of subrogation exceeding four hundred dollars ($400.00) per annum shall be paid entirely by Contractor. A. Comprehensive General Liability Insurance. Contractor shall have comprehensive general liability insurance with limits of $1,000,000 combined single limit in the aggregate and per occurrence. The City shall be named as an additional insured in such policy. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City as insured, in the amount of, for bodily injuries, including accidental death and or property damage, $1,000,000 combined single limit. n 14 C. Comprehensive Automobile Liability Insurance. The Contractor shall have Comprehensive Automobile Liability Insurance, with limits of not less than bodily injury/ property damage $1,000,000 combined single limit, to include all owned and nonowned vehicles, including employer's nonownership liability hired and nonowned vehicles. The required Automobile Liability Insurance shall include coverage for environmentally related bodily injury and property damage. The City shall be named as an additional insured in such policy. D. Workers' Compensation and Employer's Liability Insurance. Worker's Compensation Insurance covering all employees whether employed by the Contractor or any subcontractor and/or agent on the job with Employer's Liability of at least $1,000,000. The Contractor shall contractually require each person with whom it contracts to provide activities as contemplated by this Agreement to provide insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Coverage establishing such coverage. ARTICLE VI COMPLIANCE WITH APPLICABLE LAWS SECTION 6.01. Compliance. Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to Waste, worker safety, and any other relevant aspect of its activities under this Agreement, and any amendments thereto, including without limitation (1) the applicable provisions of the United States Occupational Safety and Health Act, 29 U.S.C. §651, et seq., as amended, and the regulations promulgated pursuant thereto; (2) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.0 §9601, et. seq., as amended, and the regulations promulgated pursuant thereto; (3) the Resources Conservation and Recovery Act of 1976, 42 U.S.C. §6901, et. seq., as amended, and the regulations promulgated pursuant thereto; (4) the Superfund Amendments and Re -Authorization Act of 1986, Pub. L. 99-499, as amended, and the regulations promulgated pursuant thereto; (5) the applicable provisions of the United States Department of Transportation Hazardous Material Regulations, 49 C.F.R. §171, et seq., as amended; (6) the Clean Air Act, 42 U.S.C. §7401, et. seq., as amended, and the regulations promulgated pursuant thereto; (7) the Federal Water Pollution Control Act, 33 U.S.C. §2601, et. seq., as amended, and the regulations promulgated pursuant thereto; (8) National Environmental Policy Act, 42 U.S.C. §4321, et. seq., as amended, and the regulations promulgated pursuant thereto; (9) the Safe Drinking Water Act, 42 U.S.C. §300 j-1, et. seq., as amended, and the regulations promulgated pursuant thereto; (10) the Toxic Substance Control Act, 25 U.S.C. § 1502, et. seq., as amended, and the regulations promulgated pursuant thereto; (11) any applicable state and local health and building codes, rules or regulations; and (12) any other federal, state or local laws, statutes, ordinances, rules, regulations or orders, (including decisions of any court or administrative body) relating to the pollution, protection or clean up of the environment or governing the transport, storage or disposal of Waste, or hazardous substances or materials (all of the above are collectively referred to as the "Applicable Law"). 5 Except with the prior written approval of City, in the event that two or more applicable laws contain provisions defining the same term or regulating the same conduct, then Contractor shall comply with the most stringent governing provision. ARTICLE VII INDEMNITY SECTION 7.01. Environmental Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, AND THE CITY' S RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS INCLUDING, BUT NOT LIMITED TO ENVIRONMENTAL CLAIMS, WHICH ARISE DIRECTLY OR INDIRECTLY FROM THE ACTIVITIES OF THE CONTRACTOR HEREUNDER OR THE OMISSION OF ACTIVITIES CONTEMPLATED HEREUNDER. The Contractor further covenants and agrees to defend any suits or administrative proceedings brought against the City, and/or the City's respective officers, employees, and/or agents on account of any such claim, including, but not limited to, Environmental Claims, and to pay or discharge the full amount or obligation of any such claim, including, but limited to, Environmental Claims, incurred by, accruing to or imposed on the City, or the City's respective officers, directors, employees, and/or agents, as applicable, resulting from any such suit or suits and/or claims or any matters resulting from the settlement or resolution of such suit, suits, or claims, or administrative proceedings. In addition, the Contractor shall pay to the City, or the City's respective officers, directors, employees, and/or such agents, as applicable, all attorney's fees incurred by the City, or their respective officers, directors, employees and/or agents, as applicable, in enforcing Contractor's indemnity in this Section 7.01. SECTION 7.02. Definitions. For the purposes of Article VII, the following terms shall have the following respective meanings for all purposes: (a) Environmental Claim: Any claim, demand, action, suit or proceeding for the injury, disease or death of any person (including, without limitation, the indemnifying parties, their employees, agents, and representatives), property damage, damage to the environment, or damage to natural resources made, asserted, or prosecuted by or on behalf of the Contractor or any Third Party (whether based on negligent acts or omissions, statutory liability, or strict liability without fault or otherwise), arising or alleged to arise under any Applicable Law, and/or the activities contemplated hereunder. Environmental Claim includes any damages, settlement amounts, fines and penalties assessed or costs of complying with any orders or decrees of courts, administrative authorities and/or tribunals, or other governmental entities associated with resolving such claims, demands, actions, suits or proceedings and any costs, expenses and fees, including, without limitation, investigation, monitoring and/or testing costs and expenses, and also including, without limitation, reasonable attorney's fees incurred in the 51 investigation, defense, and resolution of such claims, demands, actions, suits and proceedings. (b) Third Party: Any person, (including, without limitation, any such natural person, business entity, corporation, partnership, trust, sole proprietorship or other business entity), any federal, state or local governmental entity, agency, or administrative body, any employee of Contractor or of the City, former employee of the Contractor or of the City, or their respective legal representatives, heirs, beneficiaries or estates. ARTICLE VIII NOTICE TO PARTIES SECTION 8.01. Notice. Whenever notice from Contractor to City or from City to Contractor is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (i) actual delivery of the written notice to the other party by hand, ordinary postal delivery, telecopier, or other reasonable means (in which case such notice shall be effective upon delivery); or (ii) by depositing the written notice in the United States mail, postage prepaid, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. SECTION 8.02. Contractor's Address. Contractor's Address and numbers for the purposes of notice are: CONTRACTOR Henderson Environmental, Inc. P.O. Box 2507 Lubbock, TX 79408 (806) 744-6278 (office) (806) 762-4427 (fax) SECTION 8.03. Citv's Address. The City's Address and numbers for the purposes of notice are: CITY OF LUBBOCK Attn: Dan T. Dennison Environmental Compliance Manager P. O. Box 2000 Lubbock, TX 79457 (806) 767-2880 Telecopy: (806)767-2051 SECTION 8.04. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this 7 Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 30th day after such notice is effective. ARTICLE IX MISCELLANEOUS SECTION 9.01. Entire Agreement. This Agreement, including Exhibit "A" hereto, contains the Entire Agreement between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or effecting the matters contemplated herein. SECTION 9.02. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to the date of this Agreement, and duly executed by the Contractor and City. SECTION 9.03. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS CONTEMPLATED HEREBY. SECTION 9.04. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. SECTION 9.05. Nonexclusive. Nothing contained in this Agreement shall be construed to prevent the City from employing, or contracting in any way, manner or form, other persons and/or parties to perform the activities contemplated hereby. SECTION 9.06. Ownership of Documents. All reports, logs, manifests, receipts or other documents prepared for or produced in connection with the activities contemplated by this Agreement shall be the property of the City. In the event this Agreement is terminated or expires upon its own terms, Contractor shall deliver all of such documents in its possession to the City within thirty (30) days of such termination or expiration. SECTION 9.07. Successors and Assigns. This Agreement binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. SECTION 9.08. Captions. The captions of articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any affect in construing this Agreement. 8 EXECUTED as of the effective date hereof. HENDERSON ENVIRONMENTAL, INC sY vyP NAME: 141WErSo h TITLE: Io dk/RKC12.disp.a.= May 3, 1997 CITY OF BB• ATTEST: Kayti f Parnell, City Secretary APPROVED AS TO CONTENT: t. -) a+, , U AtiM...,c / Dan T. Dennison, Environmental Compliance Manager APPROVED AS TO FORM: Richard Casner, l~ v ronmenti-A-ftorney t ENVIRONMENTAL SERVICES - EXHIBIT A Time and Materials Rate Schedule I. LABOR A. Emergency Response Services: 1. 2. Emergency Response Team Rates: a. These rates apply to operations personnel engaged in the emergency response. An emergency response service team consists of a minimum of one supervisor and four technicians. All rates stated below are per person per hour. A premium rate will be added to the base rate where applicable. There will be a minimum charge of four hours for employees involved in any emergency response. NATURE OF SERVICE Emergency Response (Base Rate, per employee per hour) High Hazard Premium (Fire, Level A etc. Premium per employee per hour) Explosive or Reactive Handling Premium (Premium per employee per hour) Travel and Standby Time Photos/per picture Other Labor Provisions: HOURLY RATE 75.00 30.00 75.00 45.00 1.50 a. Standard Hours - All labor rates stated above are for hours worked exclusive of HEI holidays. b. Holiday Hours - The rates for labor performed on HEI holidays will be 1.5 times the rates scheduled in Section I. A. 1. above. C. HEI holidays are: Thanksgiving, Christmas, New Year's Day, Memorial Day, Independence Day, and Labor Day. If any work performed is subject to a collective bargaining agreement or is performed by union employees, HEI shall include any additional holidays provided for in the applicable collective bargaining agreement. 1 7 ,F d. HEI will determine, at its sole discretion, whether an incident is to be billed as an emergency response using the contract rates in Section I. A. 1., and will determine the point in time and duration for which such response should be billed at remediation rates as stated in Section I. B. 1. e. HEI personnel will be billed to the contract for the time required to service, repair or restock all vehicles and equipment used in the performance of the contract. B. Remediation Services: 1. Operations Personnel Rates: These rates apply to operations personnel engaged in non -emergency response services such as remediation services and other related services. Rates stated below are per person per hour. EMPLOYEE CLASSIFICATION Equipment Operator Hazardous Materials Technician Hazardous Materials Foreman Heavy Equipment Operator Project Accountant HOURLY RATE 48.00 45.00 55.00 50.00 45.00 Travel time shall be billed at the rates scheduled above. 2. Other Labor Provisions: a. Standard Hours - All labor rates stated above are for hours worked between 7:00 AM and 5:00 PM, Monday through Friday, exclusive of HEI holidays. b. Mon -Standard Hours - The rates for labor performed after 5:00 PM or before 7:00 AM, Monday through Friday, exclusive of HEI holidays, and all labor performed on Saturdays and Sundays will be 1.5 times the rates scheduled in Section I. B. 1. above. C. Holiday Hours - The rates for labor performed on HEI holidays will be 2 times the rates scheduled in Section I. B. 1. above. 2 d. HEI holidays are: Thanksgiving, Christmas, New Year's Day, Memorial Day, Independence Day, and Labor Day. If any work performed is subject to a collective bargaining agreement or is performed by union employees, HEI shall include any additional holidays provided for in the applicable collective bargaining agreement. e. HEI will bill an additional charge of $7.50 per hour for all hours billable to a contract that require the person to work in Level A or B protection. f. HEI personnel will be billed to the contract for the time required to service, repair and restock all vehicles and equipment used in the performance of the contract. C. Technical, Professional, Supervisory and Other Services: 1. Technical, Professional, Supervisory and Other Labor Rates: These rates apply to personnel performing labor in support of the contract work (whether performed on site or off site). EMPLOYEE CLASSIFICATION HOURLY RATE Chief Engineer 108.00 Clerical/Secretarial (project) 33.00 Geologist 70.00 Health and Safety Specialist 70.00 Hydrogeologist 70.00 Project Administrator 50.00 Project Coordinator 125.00 Project Engineer 70.00 Project Manager 90.00 Reactive/Explosives/Cylinder Specialist 180.00 Senior Hazardous Materials Supervisor 125.00 Superintendent, Assistant 65.00 Superintendent/Site Manager 80.00 3 Super Sucker Technician 20.00 Technical Consultants 75.00 - 250.00 Toxicologist/Occupational Physician 150.00 Transportation and Disposal Coordinator 150.00 Travel time shall be billed at the rates scheduled above. 2. Other Labor Provisions: a. Standard Hours - All labor rates stated in Section I. C. 1. are for hours worked exclusive of HEI holidays. b. Holiday Hours - The rates for labor performed on HEI holidays will be 1.5 times the rates scheduled in Section I. C. 1. C. HEI holidays are: Thanksgiving, Christmas, New Year's Day, Independence Day, and Labor Day. If any work performed is subject to a collective bargaining agreement or is performed by union employees, HEI shall include any additional holidays provided for in the applicable collective bargaining agreement. d. HEI will bill an additional charge of $7.50 per hour per person for all hours billable to a contract that requires the person to work in Level A or B protection. e. HEI personnel will be billed to the contract for the time required to service, repair and restock all vehicles and equipment used in the performance of the contract. II. EQUIPMENT RENTAL A. Vehicles and Trailers: MENTAL RATE Semi -Trailer, Emergency Response Unit 45.00/hr or 450.00/day Spill Response Van Tractor, Over the Road Trailer, Decontamination Trailer, Emergency Response Trailer, Equipment Storage Trailer, Utility 50.00/hr or 500.00/day 35.00/hr or 350.00/day and .55/mile 250.00/day 20.00/hr or 200.00/day 60.00/day 10.00/hr or 100.00/day 4 ' Truck, 130 Barrel Vacuum 83.50/hr plus clean -out Truck, Supervisor 20.00/hr or 200.00/day (including mobile telephone, library, etc.) and .275/mile Truck, 25 Yard, End Dumps 83.50/hr Truck, 6,000 CFM Air Mover Super Sucker 185.00/hr w/cyclone,w/operator Truck, Rolloff w/Trailer 83.50/hr Truck, Rolloff Bobtail 83.50/hr Truck, Flatbed Drum 83.50/hr Vehicle, Utility (Sedan/Pick-up/Flatbed) 15.00/hr or 150.00/day and .275/mile B. Pumps and Accessories: RENTAL RATE Hose, Discharge (3 inch) .50/ft/day Hose, Discharge (2 inch) .36/ft/day Hose, Suction (3 inch) .50/ft/day Hose, Suction (2 inch) .36/ft/day Hose, Teflon Stainless Steel Wrapped 4.75/ft/day Pumps, Chemical Transfer: Pump, Submersible (2 inch) 100.00/day Pump, Trash (3 inch) 100.00/day Pump, Trash (5 inch) 200.00/day C. Supplied Air Equipment: Escape Pack, 5-Minute 30.00/day Low Pressure Air Line - 50 ft. 15.00/day Manifold, Reg. & High Pressure 90.00/day Hose - 100 ft. 5 Portable Breathing Air System 150.00/day ` (Class C, Grade D) SCBA 30-Minute 40.00/day SCBA 60-Minute 52.00/day D. Testing Equipment: RENTAL RATE Area Air Monitors 25.00/day Combustible Gas Detector 50.00/day Oxygen Deficiency Meter 50.00/day Personal Air Monitors 25.00/day Sample Bottles, 16 oz. 5.95/each Sample Bottles, 32 oz. 7.50/each Sample Media Cost plus 20% E. Other Equipment: RENTAL RATE Blower, Gas Powered Backpack 33.00/day Band Saw, Portable 33.00/day Weed Eater 50.00/day Blowers 15.00/hr Chain Saw 33.00/day Computer 45.00/day Fax, Portable 24.00/day Generator, 6.5 Kilowatt 104.00/day Heater, Space 70.00/day Hydroblaster 185.001hr Liner, End Dump 75.00 Liner, Rolloff 50.00 6 Pressure Washer, Cold - 800 PSI 110.00/day F. Pressure Washer, Cold - 1,500 PSI 210.00/day Printer, Portable 8.00/day Radios, Hand-held 18.00/day Roll -Off Box, Road Tarp 125.00 Roll -Off Box, Set & Spot Fee 250.00 Roll -Off Box, (25 yard), Sealed Top 25.00/day or 475.00/month Roll -Off Box, (25 yard), Open Top 25.00/day or 400.00/month Sample Assistance 150.00/sample Skimmers 65.00/hr or 350.00/day Tanks, Polly, (1,500 gallon) 350.00/month Vacuum, Rolloff Box 65.00/day or 995.00/month Other Rental Provisions: 1. The rates scheduled above apply to equipment utilized by HEI in the performance of the work. For those items of equipment specified in Sections II. A. --Vehicles and Trailers; II. B.--Pumps and Accessories; II. C.--Supplied Air Equipment; II. D.--Testing Equipment; II. E.--Other Equipment for which rental is expressed as a rate per hour, rental shall be charged for all hours that such equipment is in the possession of HEI employees performing work at the work site, whether or not such equipment is in actual constant use. Rental for equipment specified in Section I1. A. shall be charged from the time such equipment is dispatched to the work site until such equipment is received back at HEI's home office or is dispatched directly from this site of work to another. 2. For those items of equipment for which rental is expressed as a daily rate,unless otherwise referred to in Section II. A., the daily rental rate shall apply to each 24-hour period during which the equipment is in possession of HEI employees performing work, regardless of the number of shifts on which such equipment is utilized during such 24-hour period. The minimum rental period for daily equipment is one (1) day. The minimum rental period for hourly equipment specified in Section II. B.-- Pumps and Accessories; II. C.--Supplied Air Equipment; II. D.--Testing Equipment; and II. E.--Other Equipment is four (4) hours. The minimum rental period for hourly equipment specified in II. A. --Vehicles and Trailers is eight (8) hours. 7 ' 3. The rates stated in Sections II. A. through E. above shall be applied to all items of equipment on the schedules which are utilized in the performance of the work, whether supplied from HEI inventory, specially purchased by HEI for performance of the work, procured from a HEI affiliate, or rented by HEI from a non-affiliated entity. 4. The charges for operators to man the equipment in Sections A. through E. are not included in the rates, and will be charged using the appropriate Labor Category in Section 1. 5. The hourly rates in Section II. A. do not include pick-up, delivery, fuel, oil and grease, and will be charged at cost plus fifteen percent (15 %) HEI mark-up on such costs. 6. During the course of performance of the work, HEI may add additional equipment items to the schedule above at rates to be determined by HEI. 7. In the event any item of rental equipment is damaged beyond reasonable repair by conditions at the work site, HEI shall be entitled, at its option, in lieu of rental, to charge the replacement cost of such item of equipment plus fifteen percent (15 %) thereof. III. MATERIALS A. Disposable Protective Clothing and Respiratory Items: RENTAL RATE Air Line Protector, Level A Responder Suit 5.50/each Boots, Chemical 42.00/pair Boots, Latex Overshoe 10.95/pair Booties, Saranex 5.00/pair Booties, Tyvek 2.00/pair Breathing Air (low pressure) 15.00/40 cf(botde) Breathing Air (high pressure) 20.00/65 cf(botde) Cartridge, Ammonia/Methylamine Respiratory 10.00/each (GMD-H) Cartridge, HEPA (Racal) 30.00/each Cartridge, Organic Vapor/Acid Gas Respiratory 10.00/each (GMC) Cartridge, Organic Vapor/Acid Gas, Dust, Fume 10.00/each & Mist Respiratory (GMC-H) 8 Cartridge, Pesticide Respiratory (GMP) 10.00/each Coverall, Saranex Splash 21.00/each Glove Liners 5.00/pair Gloves, 4H Protective 6.00/pair Gloves, Neox 14" 10.00/pair Gloves, Nitrile 14" 5.00/pair Gloves, Petroflex 5.00/pair Gloves, Nimble Fingers 2.00/pair Suit, Level A Responder (SCBA) 500.00/each Suit, Level A Responder (Airline) 650.00/each Suit, Level B 120.00-185.00/each Suit, Level C 85.00/each Suit, PVC (500 Series) 20.00/each Suit, Rain Slicker 25.00/each Suit, Saranex w/Hood & Feet 23.00/each Suit, Tyvek 18.00/each Any non -disposable protective clothing and equipment damaged by site conditions will be charged at cost of replacement plus fifteen percent (15%) HEI mark-up on such costs. B. Other Materials: RENTAL RATE Boom, 8" x 10' - 4 sections 180.50/bdl Broom (Street) 14.25/each Broom (Corn) 8.50/each Coliwasa 25.00/each Corn Cob 7.00/bag Drum Liners, 55-Gallon .60/each 9 • Drum Pumps (Polyethylene) Drum, 5-Gallon (Open Head) Drum, 16-Gallon 17C (Open Head) Drum, 55-Gallon Poly (Open Head) Drum, 55-Gallon 17E (Closed Head) Drum, 55-Gallon 17H (Open Head) Drum, 85-Gallon Poly (Open Head) Drum, 85-Gallon Steel (Open Head) Glass Cleaner Gloves, Cotton Mop Heads Oil Sorbent Polyethylene Sheeting (8' x 100' roll) 2 mil Polyethylene Sheeting (20' x 100' roll) 6 mil Soda Ash (50 lb. bag) Sorbent Sweep, 18" x 100' Tape, Duct Vermiculite (6 cf bag) Wipes, Disposable Wipes, Woven Cotton 18.50/each 12.61/each 49.00/each 72.00/each 60.00/each 72.00/each 198.00/each 170.00/each 8.95/gallon 2.75/pair 10.00/each 15.00/bag 43.00/roll 95.00/roll 20.00/each 125.00/bundle 7.00/roll 23.00/bag 100.00/case 10.60/pound 10 C. Additional Provisions Respecting Materials: 1. The foregoing prices shall be applied to all materials on the schedules above which are utilized in the performance of the work, whether shipped to the site from HEI inventory, shipped directly to the site from HEI's sources, or purchased locally by HEI from either an affiliated or non- affiliated entity. 2. During the course of performance of the work, HEI may add additional materials to the schedules above at rates to be determined by HEI. IV. SMALL TOOLS, MINIMUM PROTECTIVE EQUIPMENT AND INSURANCE A. Small Tools: 1. Small tools such as rakes, rock bars, sledge hammers, pipe wrenches, shovels, ladders, demolition carts, extension cords, and other small hand tools are provided by HEI, but are not included in the Schedules above. HEI shall be compensated for these items by application of a small tool charge in the amount of two percent (2 %) of total labor billings. 2. The small tools utilized when performing environmental testing are provided by HEI, but are not included in the Schedules above. HEI shall be compensated for these items by the application of a charge in the amount of $100.00 per day per person involved in the testing. B. Minimum Protective Equipment: Minimum protective equipment such as hard hats, safety goggles, safety shields, steel toe boots, and HEI's standard coveralls are provided by HEI, but not included in the Schedules above. HEI shall be compensated for these items by the application of a charge of $10.00 per person for each day the person is on the work site and billable to the contract. C. Environmental Impairment Risk Fee: A fee of five percent (5 %) of the total charges will be added to the total charges for environmental impairment insurance and environmental impairment risks attendant to the work. If the work involves asbestos, this fee shall be twelve percent (12 %) of the total charges rather than five percent (5 %). 11 s V. REIMBURSABLES A. Subcontract Services: The compensation paid HEI for all laboratory services, testing services, and/orother services which are not performed by individuals scheduled in Section I. above working under the direct supervision of HEI; but, rather, are subcontracted by HEI, shall be HEI's cost for such subcontract service plus fifteen percent (15 %) HEI mark-up on such costs. B. Non -Scheduled Equipment: The compensation paid HEI for any equipment utilized by HEI in performance of the work which is not listed in Schedules under Section II. above and is not added to the Section II. schedule shall be as follows: 1. For such unscheduled equipment which is rented by HEI for performance of the work, the price shall be HEI's rental cost plus fifteen percent (15 %) HEI mark-up on such costs. 2. For such unscheduled equipment which is provided from HEI inventory or purchased by HEI specifically for performance of the work, the price shall be the reduction in value of such equipment plus fifteen percent(15%) HEI mark-up on such reduction in value. The reduction in value shall be the acquisition cost of the equipment times the proportion which the use of the equipment in this work (time or hours of use) bears to the total useful life (in time or hours of use) of such equipment. C. Non -Scheduled Materials: The compensation paid HEI for any materials utilized by HEI in performance of the work which are not listed in schedules under Section III. above and have not been added to the Section III. schedules shall be equal to HEI's cost of such materials plus fifteen percent (15 %) HEI mark-up on such costs. D. Travel, Lodging and Per Diem: HEI shall be compensated for costs incurred for travel, lodging and per diem costs for HEI employees assigned to the work on the basis of HEI's cost for such items plus fifteen percent (15 %) HEI mark-up on such costs. 12 a r IN E. Freight/Transportation Charges: HEI shall be compensated for costs incurred for the transportation of equipment and materials to the site of the work and for the transportation back of equipment and any remaining supplies and materials, upon completion of the work, on the basis of HEI's cost for such transportation plus fifteen percent (15 %) HEI mark- up thereon. F. Taxes and Permits: The rates contained in this schedule are exclusive of federal, state and local sales or use taxes, and any permits incident to performance of the work. HEI shall be compensated for all costs incurred for state, federal or local sales or use taxes and/or the cost of any necessary permits on the basis of HEI's actual costs incurred for such items. G. Licenses, Easements and Rights of Way: KH/crd 06/02/97 In the event, HEI is required to purchase any licenses, easements, or rights of ingress or egress to obtain access or right-of-way to property necessary to perform the work, HEI shall be compensated for all costs incurred for such licenses, easements, or rights on the basis of HEI's actual cost incurred. In the event HEI is required to construct any rights -of -way and/or pavements or other property as a result of the work, HEI shall be compensated for all such work performed on the basis of HEI's actual cost plus fifteen percent (15 %) HEI mark- up thereon. 13 `•05-07-1997 09:21AM FROM VANTAGE INSURANCE GROUP • TO 18067672051 P.01 VANTAGE INSURANCE GROUP = SANDERS AGENCY _ ' 164 DIVISION ST P.O. BOX 845 ELGIN.IL 60121 PHONE:.947-695-1580 FAX: 8476695-I642 FAX TRANSMISSION DATE: 5-7-97 PAGES: 2 TO: City of Lubbock FAX: 806/767-2051 ATTENTION: Dan Denni firm FROM: Richard Sanders r VANTAGE INSURANCE GROUP ` Sanders Agency 164 Division Street P.O. Box 845 Elgin, Illinois 60121 March 17, 1997 Dan Dennison City of Lubbock P.O. Box 2000 Lubbock, Tx. 79457 Henderson Environmental Inc. Dan: Regarding the pollution coverage of the above insured I offer the following. Coverage for pollution exists within the parameters of their policy while they are hauling same. This includes the loading and unloading of pollutants onto a covered auto and while in transit. Coverage is in compliance with the Motor Carrier Act of 1980 and the rules and regulation of the Federal Highway Administration and the Interstate Commerce Commission. Regards Ric rd C. Sanders . h Tot sk"C� Svcs Cs o r#�.�` �►� Phone (847) 695-1580 Fax (847) 695-1642 05-07-1997 09:22AM FROM VANTAGE INSURANCE GROUP TO ANTAGE INSURANCE GROUP Sanders Agency May 1997 18067672051 P.02 164 Division Street P.O..6ox 845 Elgin, Illinois 60121 Dan Denison City -of Lubbock P.O. Box 2507 4ubbock, Tx. 79401 Henderson Environmental, Inc. teliance National #NGB120832 & #NKA1630315 Dan: Please be advised that the above insured has no claims pending, open, fled, or rbpoited on the abov&iidoetified policies. Richard C. Sande Phone (847) 695-1580 Fax (847) 695-1642 BRYAN INSURANCE ID:8175494902 APR 23'97 15:19 No.012 P.01 CERTIFICATE OF INSURANCE �>:R� • .. • 04 r2a/97 04 24/9 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bryan Insurance COMPANIES AFFORDING COVERAGE P . 0. Box $39 _._. Graham, TX 76450 LETTER A Texas Workers' Comp. Ins. Fund .......# COMrAW 9 . _..; LErm Henderson Environmental, Inc. ! COMPANY C Keno Henderson 96-97 REVISED LITTER P. O. Box 2507 I COIJPAISY D Lubbock TX } LE11t" 79408 COMPAISY E UTTER CPVERAQEE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED KIIC W FOR TI IC 11OL1CY PERIOD INDICATED. NOTWITHSTANDING ANY RECUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESMCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY IHE POLICIES DESCRIBED 14EAF.IN IS SWX..CT TO ALL THE: IERUS. EXCLUSIONS AND CONDITIONS OF SUCH POLCIES. LIMITS SHOWN WAY HAVE BEEN REDUCED BY PAID CLANS. 8O TYPS OF 41supJACc POLICY NUMBER Tq l ►OLRCY IFFFCTIYL POLICY EWSRATROR t LIMITS ti DATE PUM00 YYj DATE WMMWM , GEIIEIM LIkI RUTY AGGAEQA1I . t COUMERGAt OEINERAL LL421L11Y s PROD=S•COM*DP AGG. ! i _1Ct�wS t1ADE 1 -_� OCt:uR. ? : pFRscxaAL i ADV. li _ 0VbMR'9 t CONT RACTOW8 PROT. , QACRR 0c1xRFIRFW= Is iM DAMAGE V.* W* ■ O it E owm Lwow I t AVTOMObIL! LIABILITY i COMBNFp s3maE t UTAIT AMr Auro _ ALL OWNED AUTOi , ! tsOW.Y t+I=Y t SOU= AUTO41 ` Per person) MRFD AUTO$ t 'ODDLY *JURY + t F ac�QerW ! NOWYAU D AUTOS ._ GARAOC LIASUrY ; I PF*PGRTY DAMAGE t tXCE" LIA8I1.ITY = kar-O OC CL"w+ul- is IAABRELLA FORM 1 ACKIFVGATE' OTHER THAN tMMAA FORM i0 ; STATIRDItY uLwIS X A W0 "` me 9"'AT10N TSF0001059546 . 06/19/961 06/19/97!- Ac6DE111 111,000,000 EMPLOYM' LL►NAT ; WSLAU. ooljcT LA'"11 ==} 818000,00p +C1sEA3E-EAL*I6MfUWM in GYMMSCMP . � f T N CWLUTbOt"OCATM6fVjWMVMC1AL ITEMS CERTIFICATE'S HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCCLLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK MAIL I 0 DAYS WRIT 1 EN NOTICE TO T11e CERTIFICATE HOLDtR NAMED TO FAX 806-767-2051 THE LEFT. BUT FAILURE TO MAL SIICH NOTICE SHALL IMPOSE: NO OBLIGATION OR ATTN : DON DENNISON LIASUrY OF ANY POND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 1625 13TH ST . , ROOM L-04 LUBBOCK Tx 79401 AUT D RLPIs UWATM � • . Denny Bryan l I 91AWKIAX01"IFORATION 199C BRYAN INSURANCE ID:8175494902 APR 23'97 15:19 No.012 P.01 ' ISSUE DATE (AAM/DDIYY) 7 ,�11:OIt11. CERTIFICATE OF INSURANCE ; , o�/aa/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 41LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bryan Insurance COMPANIES AFFORDING COVERAGE P . 0. Box 839 Graham, TX 76450 tLEnE"R A Texas Workers` Comp. Ins. Fund _,.... ... i COMPANY B . _.. . LETTER Henderson Environmental, Inc. , ComrANY Keno Henderson 96-97 REVISED LETTER _ P . 0. Box 2507 .. 1 COMPANY D Lubbock TX ` LF11t" 79406 COMPANY E i LETIER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR TI IC POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESFFCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HL-nF(N IS SUDJC..CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS GMOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER LTA ; POLICY EFFECTIVE POLICY F"IRATION LIMITS :' DATL (MM/ WY) DATE (MMIDD(YY) , GENERAL LIABILITY I UENERAI AG6nCCA1 t , i COMMERCIAL GENERAL LIABILITY s I PRODUC7$•COMQIOP AGCs. is CLAIMS MADE OCCUR. ', ' PFAGONAL i ADV. INJURY ' s _ �~ OWNER'S A CONTRACTOR'S PROT, GACII OCCUKRFNCF } _ I FIRE DAMAGE (/vey oft IIro) ! t MCD. EXPENSE (Any D' 1wrsoo B AUTOMOBILE LIABILITY ~t LIMIT........ ANY AUTO I . ... _ _..., . ALL OWNED AUTOS I tlOUIi.Y wUf1Y S SCHEOULED AUTOS ` (Pr D,rcon) HIRED AUTO$ ( ' BODILY INJURY rr seddent) NON -OWNED AUTOS 1(P ! .._ . OARAgE LIADILITY {j PA11PERTY DAMAGE f EXCESS LIABILITY I kA i OCCUnIIV,N(;P UMBRELLA FORM AO-3JWGATc f i OTHER THAN UMBRELLA FORM STAn►TORY LIMI Is A WORKER'e COMPENSATION TSF0001059546 06/19/961 06/19/97.EAcl(AccIDE•NT 1=11000,000 AND EMPLOYERS' LIABILITY 1 i WSEASE. POLICY UMII i $1 1000 1000 DISEASE -EACH hMfY.OYCC 41,000.000 OTHER ^ , • I i I DESCRIPTION OF bPZRATIONSILUATIONWVVMICLEVUE—Ci—A-L—nE—Mr CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE A13OVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK ,THEREOF, MAIL 10__ DAYS WPM I EN NOTICE TO THE CERTIFICATE HOLDt'R NAMED TO FAX 806-767-2051 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN : DON DENNISON LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 1625 13TH ST . , ROOM L-04 LUBBOCK TX 79401 AUTHORIZED REPRESENTATIVE Denny Bryan E I CIACORD,CORPORATION 1991 MR-04-97 TUE 12:09 HENDERSON ENV IRONt1ENTAL FAX Na 18067824427 P.02 T0•d "11t1Al - .�\. C....-..r:... -y':: S � _ /.!'^... ."•...w n.•rr4.";•�•�,�.•r �•r��T' ..tom• a - �' '+ ! Is :{ i1.; ..' •. •. 1�•'.•�w-�.+.,+.;JL''>:�.t"/.;5� ._� . ._F••.::1:'e)�."' .ram v: �' iiG.:1. s. .J.. .[. �a!a:. i.:......L ul:..... •1 -.9 :a.:.:.^_•'^. ♦..h::G'wY^^.1'-i r.Ji'C�.� r. t•: a..l - J' « .t.+.t.1: a.:.:-= .' r.n•. - r+ � i r- �= rrr� ■ ou - T 93 .. • ..�....�..� .rya • .. • • • � r.�.� t.-%y''• '•i ��..jj yyi�n. "die::.:.4.: :Xa-ri •,r.9 scEr3�:.•:- a,:•r w_ a. • � A., , ��, •t,..: { �r .a•s.:� Y• F ' .a..<:: �. .,�-". °� �: :ti1.4 /� < •^ �.: •�%%`..Lt,: i.1-M. .�:�. .�A t.•:42.�6�. �-��•...'n'., 'w3 ...n•.At'a .�� d>t:; .av >+ ra .• •. �,c.w .�"•• t f. - .. _'•.ly'<+. .. e. i J� 5:... �: ) b r s 4S rJPww.:n..rL'}�. dS:•Mi'ni.<. .1,. :T ..• =''. .w;• :aac Jwic?:Jli .i+•.•r.•w�.n.. • . it . •4- Mal 1,. Irjr . y' � l7: '� .� .: ::i::c�+•"'3;�•a�`a:;:�t:•:rjz.�l.:J,'...;..,�. ,.,..,;;,�..:'•�'v:., ram.^ti �y�-•,i''•':s� .'{t'' '�a�� �E.. �t t1T'• t•~tti f••��t. v::,a r �,y.. rt.' ;/ :!: +.iv::i:.:.:t1S, t S..•..: l::y'.. L'S:L �ti•._ :'1.: r :r• •"� - } • -r ^•.L :�_w:c:r._ ,�,; <+ .�{� � �`kia=3€ 'ti.. �^. i�ti t itt;��i: � . �• t t• 'ft`�"i•.. Sat -• '< • • V �' i i � • •,i5.�`•i" �:��Ya� j'* e•" MAR-04-97 TUE 12:09 HENDERSON ENVIRMWAL FAX NO. 18087624427 P.02 wt awt +a sa Mo.n s0 i. �%:ft�Ml1 q Nfl�O m M� Tma mum MOM -w" CLL iYr" an AM NQ at Mn ttliOMlrit� 1yt at !01{Gi1 ItfJi1WK �� uw %L 1k90.s�G 1 i � at 't7n �Iusm mI !D 'xm l an nott�Miti w"I ON 'is RUE iIn =L AIOvow " htU i ! 1iK1 - N361011 1�'t � 1< IJoots�I�CNI�i astt:xtt.c�s•.yt.+� "'y"x s 4MIIOiLT7RtlisJiiO�t � V7'Glf7r� Y 7Jicli� ati+ LO t ! itrii�tlFrQr flaQlYtyC.A�� .t .t'iV� JGtftA711 Cl+pX? , f 11ai114011 F ';?lift.:"�'X'' •'A�NDQTMMR11�K1t7 tL'+t1r•�t�l ! LOti97VVi•A?IOQttly AALrbXVn NMZ [1� s Ppill ALVDi1 *4 450SWAo WIN; x AAR�traA .x��t rtb� Y V L�)L/� �.nro �` S�,lvi�. lr � aatr►.c��� .x QLLnwwtd.,.o„�„ r. ow t rwvn'rwopm - . Inn c.. w'es+m trams ' dn r � ao 00#AW)--4 I*U 3-46dip 01 w Wit • ,w��q� •04�t 't= • • '71Q 'rlt'�Llii MOl� ' JaNr/10D ' rro NQ ac 'Asaa° o ukmpj ON sAr� r�� orro� u titan 5fM 20tl '11 '� A* UMLLVR v' ,itot„o,w From: Richard Casner To: SSnider Date: 3/20/97 3:16pm Subject: HEI Contract Scott - I need to borrow 5 minutes of your life Monday a.m. re the insurance provisions of our environmental response contract. The contracting party, who is essentially the only party in close enough proximity to meet the City's response/tlme requirements, as we suspected (due to prohibitive cost), does not carry env. liability insurance; however, the contractor does carry general liability and automobile liability with some env. occurrence coverage. Dan Is in the process of researching the contractor's work history re the evaluation of risk. What I need to visit with you about is (1) the City's policy re this type of insurance; and (2) the proper terminology for contract drafting purposes. I know you are busy but this should only take 5 minutes or so. Thanks for assistance. RKC-2221 CC: DDennison, ABurgess A���'��Is �� ATM b! INSURANCE ISSUE DATE (MM/DD/YY) � ■ Ss 04/24/97 PRODUCER THIS CERTIFICATE IS 19SEPED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bryan Insurance COMPANIES AFFORDING COVERAGE P. 0. Box 839 — - - -- - Graham, TX 76450 CETTERYA Texas Workers' Comp. Ins. Fund COMPANY B LETTER INSURED COMPANY Henderson Environmental, Inc. Keno Henderson ' 96-97 REVISED `► LETTER COMPANY D P . 0. Box 2507 Lubbock TX LETTER COMPANY E 79408 LETTER COVERAGE r THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) III POLICY EXPIRATION ' s DATE (MM/DD/YY) I LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. It CLAIMS MADE OCCUR. I PERSONAL & ADC. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY M BINED SINGLE $ ANY AUTO IT FM ALL OWNED AUTOS ! BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ GARAGE LIABILITY 4 I PROPERTY DAMAGE i It EXCESS UABILTY EACH OCCURRENCE $ UMBRELLA FORM ; AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS - A WORKER'S COMPENSATION TSF-0001059546 f 06/19/96; 06/19/97_ EACH ACCIDENT $1-000,000 AND EMPLOYERS' LIABILITY DISF kSE-POLICY LIMITv $1.000. 000_ j DISEASE -EACH EMPLOYEE $1 000 000 OTHER j DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPEGAL ITEMS CERTIFICATEHOLDER `.,'.,, _ _,...,, .< CANCELLATION "' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .= EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO FAX 806-767-2051 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN : DON DENN ISON LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1625 13TH ST., ROOM L-04 LUBBOCK TX 79401 AUTHORIZED REPRESENTATIVE'" Denny Bryan . -k,.. „ .... CACIJ RPORATION 1990 fROD1ICl�1 Y 1rAits4.r- TbSQRAIItE 6ItABP !. i+. ROi liCS fEGTR EL 90120 t3T-6-138t • pp�V AND CCNFZl3 NO1 vPtN�t THCCle1c,J6 t�OLDfiR THi6 OERi1FiCAig CKes:I T AM /+LT�R COl►£RAflli A!>tORD�D li Tm ND OR MEAN= CWAW A RELIANCE IATML INDOMM GOWAW i D RERD04M MMIOt44aM, ills. a A x XL 70400 ao�aaaszra. COMriwr r . .:'i_!•wT."r:.��i�".. Y:Z�C-w'� . Y •�.'....1.. ♦. .� w'M..v. •A.• .,. TH M M *a �RTIFY THATTHE' POLICES OF ROUKVM USTED BELC�t HAVE APEX ISSUE0 TO "M WSUPM NAMEC, AW NE F04�THEoa iMplEmm 1N=ATEG. K0T&r%"AWVM ANY MOUMIMINT. I VW OR CONDITION Of ANY COMPACT OR an4a i DOCUMENT * mt CT TO THIS C*Trr+l•+ ,Al E MAY OR OR WAY FBRTAK THE DOURUM AFFORDED 8Y THE Foum DEAc: aw Hsgm is suwzGT TO ALL MOT"sA . EW i!Slf)t Rk0 CONtOITiC$VS OF SU:li POUCiES. 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