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.
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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.
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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.
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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").
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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
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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
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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.
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EXECUTED as of the effective date hereof.
HENDERSON ENVIRONMENTAL, INC
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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.
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Dan T. Dennison, Environmental
Compliance Manager
APPROVED AS TO FORM:
Richard Casner, l~ v ronmenti-A-ftorney
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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.
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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.
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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
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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
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' 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.
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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 $39
_._.
Graham, TX 76450
LETTER A Texas Workers' Comp. Ins. Fund
.......#
COMrAW 9 . _..;
LErm
Henderson Environmental, Inc. !
COMPANY
C
Keno Henderson 96-97 REVISED
LITTER
P. O. Box 2507 I
COIJPAISY
D
Lubbock TX }
LE11t"
79408
COMPAISY E
UTTER
CPVERAQEE
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED KIIC W FOR TI IC 11OL1CY PERIOD
INDICATED. NOTWITHSTANDING ANY RECUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESMCT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE
AFFORDED BY IHE POLICIES DESCRIBED 14EAF.IN IS SWX..CT TO ALL THE: IERUS.
EXCLUSIONS AND CONDITIONS OF SUCH POLCIES. LIMITS SHOWN
WAY HAVE BEEN REDUCED BY PAID CLANS.
8O TYPS OF 41supJACc POLICY NUMBER
Tq
l ►OLRCY IFFFCTIYL POLICY EWSRATROR t LIMITS
ti DATE PUM00 YYj DATE WMMWM ,
GEIIEIM LIkI RUTY
AGGAEQA1I . t
COUMERGAt OEINERAL LL421L11Y
s
PROD=S•COM*DP AGG. ! i
_1Ct�wS t1ADE 1 -_� OCt:uR.
?
: pFRscxaAL i ADV. li
_ 0VbMR'9 t CONT RACTOW8 PROT.
,
QACRR 0c1xRFIRFW= Is
iM DAMAGE V.* W* ■ O it
E owm Lwow I t
AVTOMObIL! LIABILITY
i COMBNFp s3maE t
UTAIT
AMr Auro
_
ALL OWNED AUTOi
,
! tsOW.Y t+I=Y t
SOU= AUTO41
`
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MRFD AUTO$
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
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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
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