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Resolution - 2024-R0348 - Contract 18166, With MJE, LLC, WT Region Disposal Facility Cell 6 Construction - 08/13/2024
Resolution No. 2024-RO348 Item No. 6.12 August 13, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Public Works Contract No. 18166, as per ITB 24-18166-TF, for the construction of the West Texas Region Disposal Facility Cell 6, by and between the City of Lubbock and MJE, LLC of Montezuma, KS, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 13, 2024 ARK W. CBRAYEJKMAYOR ATTEST: Court ey Paz, City Secretary APPROVED AS TO CONTENT: Novi l rik Rejino, Assistant City Manager APPROVED AS TO FORM: Ryan Bt9 ke, Senior Assistant City Attorney RES.Contract 18166-West Texas Region Disposal Facility MJE, LLC 7.30,24 BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: 7/18/2424 PROJECT NUMBER: ITB 24-18166-TF, West Texas Region Disposal Facility Cell 6 Construction Bid of MJE, LLC (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated. Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 270 consecutive calendar days with final completion of the project within 300 consecutive calendar days as stipulated in the specification and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $1,000 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $1,000 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him. City of Lubbock, TX Solid Waste ITB 24-18166-TF West Texas Region Disposal Facility Cell 6 Construction MJE, LLC of Montezuma, KS Construction Base Bid #1-1 Mobilization # 1-2 Excavation #1-3 Embankment Fill #1-4 Subgrade Preparation Floor #1-5 Subgrade Preparation Slopes #1-6 Concrete Access Road Demo #1-7 Asphalt Access Road Demo #1-8 Asphalt Access Road #1-9 Asphalt Millings Access Ramp #1-10 Seeding #1-11 Landfill Markers #1-12 Erosion Control (SW3P) #1-13 Litter Control Barrier Fence (Wood) #1-14 Barb Wire Fence #1-15 Metal Building Relocation #1-16 Retaining Walls #1-17 Rock Gabion Targets #1-18 Gabion Baskets #1-19 Geosynthetic Clay Liner - Floor #1-20 Geosynthetic Clay Liner - Slopes #1-21 Geomembrane Smooth #1-22 Geomembrane Textured #1-23 Geocomposite Drainage Layer #1-24 Protective Cover - Floor #1-25 Protective Cover - Slope #1-26 Geotextile Fabric (8 oz) # 1-27 Gravel Drainage Material #1-28 6-Inch Leachate Collection Pipe #1-29 12-Inch Riser Pipe #1-30 Sump Pump, Control Panel, Wiring #1-31 Sump Access Structure # 1-3 2 Dual Containment Force Main #1-33 Electrical Power to Sump #1-34 Install City Provided Flow Meters Additive Alternate No. 1 #2-1 Concrete Access Road #2-2 [DEDUCT] Asphalt Access Road QTY Unit Extended +/- U/M Cost Cost 1 LS 949750 CY 71065 CY 776750 SF 104500 SF 1200 SY 5150 SY 3150 SY 9400 SY 1 1 1 5620 4715 1 58 14 60 776750 104500 776750 104500 881250 776750 104500 20700 630 1750 240 1 1 540 1 5 LS LS LS LF LF EA LF EA LF SF SF SF SF SF SF SF SF CY LF LF LS LS LF LS EA 3150 SY 3150 SY 220,000.00 2.40 0.60 0.20 0.20 5.00 3.00 32.00 2.00 35,000.00 685.00 3,000.00 65.00 11.65 57,000.00 200.00 1,250.00 180.00 0.40 0.60 0.52 0.75 0.54 0.40 0.40 0.70 140.00 38.00 90.00 55,000.00 22,000.00 45.00 5,000.00 1,200.00 112.00 (32.00) 220,000.00 2,279,400.00 42,639.00 155,350.00 20,900.00 6,000.00 15,450.00 100, 800.00 18, 800.00 35,000.00 685.00 3,000.00 365,300.00 54,929.75 57,000.00 11,600.00 17,500.00 10,800.00 310,700.00 62,700.00 403,910.00 78,375.00 475,875.00 310,700.00 41,800.00 14,490.00 88,200.00 66,500.00 21,600.00 55,000.00 22,000.00 24,300.00 5,000.00 6,000.00 352,800.00 (100,800.00) City of Lubbock, TX Solid Waste ITB 24-18166-TF West Texas Region Disposal Facility Cell 6 Construction Additive Alternate No. 2 #3-1 New Metal Building Installation #3-2 [DEDUCT] Metal Building Relocation Additive Alternate No. 3 #4-1 Litter Control Barrier Fence (Metal) 1 EA 65,000.00 65,000.00 1 EA (57,000.00) (57,000.00) 600 LF 150.00 90,000.00 Total (Item 1-1 through 1-34): $ 5,402,303.75 Total (Item 2-1 through 2-2): $ 252,000.00 Total (Item 3-1 through 3-2): $ 8,000.00 Total (Item 4-1): $ 90,000.00 Total (Items 1-1 and 4-1): $ 5,752,303.75 Enclosed with this bid is a Cashier's Check or Certified Check for Three hundred fifty thousand Dollars ($ sso.000.00 ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FOR11 PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: 7/18/2024 AL140ri�trd gnature / At%r\ (Printed or Typed Name) �-k� E LL.C_ Company fj r Address �YcLV City, County 11nnW=S ,(e- 'RkD State Telephone: bZ� Zip Code - �bAt, -el CIM Fax: FEDERAL TAX ID or SOCIAL SECURITY No. EMAIL: a-�AY��'L @ ry\ LLC • r1e`t M/WBE Woman Black American Native American Firm: Hispanic Asian Pacific Other bpeci y) American American BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: August 13, 2024 CITY OF LUBBOCK SPECIFICATIONS FOR West Texas Region Disposal Facility Cell 6 Construction ITB 24-18166-TF CONTRACT: 18166 PROJECT NUMBER: 92797.30000 Plans & Specifications may be obtained from https:Hci-lubbock-tx.bonfirehub.com/ 4*1"Lof ubb�ock TEXAS CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. S. 9. 10 11 12 13 14 NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK REFERENCE FORM 3-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-4. SAFETY RECORD QUESTIONNAIRE 3-5. SUSPENSION AND DEBARMENT CERTIFICATION 3-6. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS 2 Page Intentionally Left Blank NOTICE TO BIDDERS Pate Intentionally Left Blank City of Lubbock TEXAS ITB 24-18166-TF West Texas Region Disposal Facility Cell Construction 1. NOTICE TO BIDDERS 1.1. Bidders may submit responses electronically by uploading required documents at the City of Lubbock's partner website, Bonfire. This Invitation to Bid is for your convenience in submitting a bid for the specified project. If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of Purchasing and Contract Management: Physical: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 13 14 Avenue K, 9th Floor Lubbock, Texas 79401 Mailing: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME 1.2. Bids will be opened in the office of the Director of Purchasing and Contract Management, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as shown below at 2:00 PM on July 18, 2024, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the above referenced. 1.3. After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. Bids will be opened via teleconference if date/time stamped on or before the deadline stated at the office listed above. The Zoom meeting information is as follows: Website: https://zoom.us/j/9759171012?pwd=bkFtRTN1cXVISkhWdkZiMDk4MXh2dzO9 Meeting ID: 975 917 1012 Passcode: 1314 1.4. It is the sole responsibility of the bidder to ensure that his bid is actually received by the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. 1.5. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.6. Although bids may be submitted electronically, hard copy bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX BIDS. 1.7. Bids may be withdrawn prior to the above scheduled time set for closing. Alteration made before ITB opening must be initialed by bidder guaranteeing authenticity. 1.8. Bids are due at 2:00 PM on July 18, 2024, and the City of Lubbock Council members will consider the bids on August 13, 2024, at the Citizens Tower, 1314 Avenue K, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. 1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF THE CONTRACT BY THE LUBBOCK CITY COUNCIL. 1.10. Please allow time to upload required documentation. 24hrs in advance is recommended. 1.11. The estimated budget for this project is $7,000,000. 1.12. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the bidder. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. 1.13. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from https://ci-lbbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 1.14. It shall be each bidder's sole responsibility to inspect the site of the work and to inform bidder regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. 2. PRE -BID MEETING 2.10. For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held July 9, 2024, at 10:00 a.m., via teleconference. The Zoom meeting information is as follows: Website: hgps://zoom.us/j/9759171012?pwd=bkFtRTN1cXVISkhWdkZiMDk4MXh2dz09 Meeting ID: 975 917 1012 Passcode: 1314 2.11. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.12. It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidders attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. 4. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. 5. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS 1. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 1.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 1.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contract Management Office 1314 Avenue K, Floor 9 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us 2. TIME AND ORDER FOR COMPLETION 2.1 The construction covered by the contract documents shall be substantially completed within 270 Consecutive Calendar from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 2.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. GUARANTEES 3.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within One Year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 3.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 3.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 3.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 4. BID AWARD 4.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1-1 through 1-34 plus the sum of any Alternate Bids or Options the City may select. 4.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 4.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 4.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 4.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 4.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. GENERAL INSTRUCTIONS TO BIDDERS (Continued) 5. ADDENDA & MODIFICATIONS 5.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 5.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 5.4 The City does not assume responsibility for the receipt of any addendum sent to bidders 6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 6.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 6.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. 7. BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below. ho2s://Iubbocktx.govga.us/WEBAPP/ rs/(S(guiyirflbtihahinycemucs))/SmportHome.aspx 8.5 For more information, please see the City of Lubbock Public Information Act website at: hlt2s://ci.lubbock.tx.us/pages/public-infonnation-act 9. LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10. UTILIZATION OF LOCAL BUSINESS RESOURCES 10.1 Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 11. CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 11.3It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock 11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed. The questionnaire can be found at: hlt2s://www.ethics.state.tx.us/fonns/conflict/ For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000, Lubbock, Texas, 79457 See Section 176.006, Local Government Code: http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 12. CONTRACT DOCUMENTS 12.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 12.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 13. CERTIFICATE OF INTERESTED PARTIES 13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply: 1) Contract requires an action or vote by the City Council (governing body); OR 2) Contract value is $1 Million or greater; OR 3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf_ info_forml295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable). 13.2 A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a governmental entity or state agency is voidable for failure to provide the disclosure of interested parties required by this section only if: (1) the governmental entity or state agency submits to the business entity written notice of the business entity 's failure to provide the required disclosure; and (2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the loth business day after the date the business entity receives the written notice under Subdivision (1). 14. PLANS FOR USE BY BIDDERS 14.1 It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 15. PAYMENT 15.1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 16. AFFIDAVITS OF BILLS PAID 16.1 The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 17. MATERIALS AND WORKMANSHIP 17.1 The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory proj ect. 18. PLANS FOR THE CONTRACTOR 18.1 The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19. PROTECTION OF THE WORK 19.1 The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: 19.1.1 The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. 19.1.2 A sworn statement of the current financial condition of the bidder. 19.1.3 Equipment schedule 20. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21. PROTECTION OF SUBSURFACE LINES AND STRUCTURES 21.1 It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22. BARRICADES AND SAFETY MEASURES 22.1 The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23. EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24. CONTRACTOR'S REPRESENTATIVE 24.1 The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 26. LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.1.3 Before construction work requiring an inspector is to be performed on Sunday or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sunday or holidays will be made by the Owner's Representative. 26.2In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS 27.1 The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars ($60) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28. PROVISIONS CONCERNING ESCALATION CLAUSES 28.1 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. 29.3 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 30. BOUND COPY OF CONTRACT DOCUMENTS 30.1 Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 29.2 If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31. QUALIFICATIONS OF BIDDERS 31.1 The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (c) The quality of performance of previous contracts or services. (d) The safety record of the Contractor and proposed Sub -Contractors 31.2 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32. PLANS FOR THE CONTRACTOR 32.1 The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 33. ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34. PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 35. PROTEST 35.1 All protests regarding the ITB process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the ITB process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 35.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. Pate Intentionally Left Blank BID SUBMITTAL FORM Pate Intentionally Left Blank BID SUBMITTAL FORM UNIT PRICE BID CONTRACT DATE: 7/18/2024 PROJECT NUMBER: ITB 24-18166-TF, West Texas Region Disposal Facility Cell 6 Construction Bid of MJE, LLC (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated. Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 270 consecutive calendar days with final completion of the project within 300 consecutive calendar days as stipulated in the specification and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $1,000 for each consecutive calendar day after substantial completion and liquidated damages in the sum of$1,000 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him. City of Lubbock, TX Solid Waste ITB 24-18166-TF West Texas Region Disposal Facility Cell 6 Construction MJE, LLC of Montezuma, KS Construction Base Bid 91-1 Mobilization 91-2 Excavation 91-3 Embankment Fill 91-4 Subgrade Preparation Floor 91-5 Subgrade Preparation Slopes 91-6 Concrete Access Road Demo 91-7 Asphalt Access Road Demo 91-8 Asphalt Access Road 91-9 Asphalt Millings Access Ramp 91-10 Seeding 91-11 Landfill Markers 91-12 Erosion Control (SW3P) 91-13 Litter Control Barrier Fence (Wood) #1-14 Barb Wire Fence 91-15 Metal Building Relocation # 1-16 Retaining Walls #1-17 Rock Gabion Targets 91-18 Gabion Baskets 91-19 Geosynthetic Clay Liner - Floor 91-20 Geosynthetic Clay Liner - Slopes 91-21 Geomembrane Smooth # 1-22 Geomembrane Textured 91-23 Geocomposite Drainage Layer 91-24 Protective Cover - Floor 91-25 Protective Cover - Slope 91-26 Geotextile Fabric (8 oz) 91-27 Gravel Drainage Material 91-28 6-Inch Leachate Collection Pipe 91-29 12-Inch Riser Pipe 91-30 Sump Pump, Control Panel, Wiring 91-31 Sump Access Structure 91-32 Dual Containment Force Main 91-33 Electrical Power to Sump 91-34 Install City Provided Flow Meters Additive Alternate No. 1 92-1 Concrete Access Road 92-2 [DEDUCT] Asphalt Access Road QTY Unit Extended +/- U/M Cost Cost 1 LS 220,000.00 220,000.00 949750 CY 2.40 2,279,400.00 71065 CY 0.60 42,639.00 776750 SF 0.20 155,350.00 104500 SF 0.20 20,900.00 1200 SY 5.00 6,000.00 5150 SY 3.00 15,450.00 3150 SY 32.00 100,800.00 9400 SY 2.00 18,800.00 1 LS 35,000.00 35,000.00 1 LS 685.00 685.00 1 LS 3,000.00 3,000.00 5620 LF 65.00 365,300.00 4715 LF 11.65 54,929.75 1 EA 57,000.00 57,000.00 58 LF 200.00 11,600.00 14 EA 1,250.00 17,500.00 60 LF 180.00 10,800.00 776750 SF 0.40 310,700.00 104500 SF 0.60 62,700.00 776750 SF 0.52 403,910.00 104500 SF 0.75 78,375.00 881250 SF 0.54 475,875.00 776750 SF 0.40 310,700.00 104500 SF 0.40 41,800.00 20700 SF 0.70 14,490.00 630 CY 140.00 88,200.00 1750 LF 38.00 66,500.00 240 LF 90.00 21,600.00 1 LS 55,000.00 55,000.00 1 LS 22,000.00 22,000.00 540 LF 45.00 24,300.00 1 LS 5,000.00 5,000.00 5 EA 1,200.00 6,000.00 3150 SY 112.00 352,800.00 3150 SY (32.00) (100,800.00) City of Lubbock, TX Solid Waste ITB 24-18166-TF West Texas Region Disposal Facility Cell 6 Construction Additive Alternate No. 2 93-1 New Metal Building Installation 93-2 [DEDUCT] Metal Building Relocation Additive Alternate No. 3 94-1 Litter Control Barrier Fence (Metal) 1 EA 65,000.00 65,000.00 1 EA (57,000.00) (57,000.00) 600 LF 150.00 90,000.00 Total (Item 1-1 through 1-34): $ 5,402,303.75 Total (Item 2-1 through 2-2): $ 252,000.00 Total (Item 3-1 through 3-2): $ 8,000.00 Total (Item 4-1): $ 90,000.00 Total (Items 1-1 and 4-1): $ 5,752,303.75 Enclosed with this bid is a Cashier's Check or Certified Check for Three hundred fifty thousand Dollars ($ 350,000.00 ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON "I'll I' BID Stii3]91TTAL FORM 1'RIL]R TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: 7/18/2024 Alin oriT nature (Printed or Typed Name) Colllpall1' a-toGcr-�s 't QJ- Address ��,nNQ , Carr \g - City, -,n c COLIIII)V 67J2lb�"1 State Telephone: IQ'ZV - /11) Code , :(. — tr Fax: - . FEDERAL TAX ID or SOCIAL SECURITY No. LAVI-oss k5-34i EMAIL: kJ ` sP� T- INS `l- LLt~ • r t M/WBE Woman Black American Native American Firm: Hispanic Asian Pacific Other (Specify) American American INSURANCE REQUIREMENTS I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub - recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the tern of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. Agreement I'Aample Review This sample Agreement has been reviewed and (V�is acceptable ( ) is acceptable as noted Contractor Acknowledgement In compliance with this solicitation, the undersigned bidder, having examined the bid documents, instructions to bidders, documents associated with the invitation to bid, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements Suspension and Debarment Certification • Texas Government Code Section 2252.152 Texas Government Code Section 2271.002 Texas Government Code 2274 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in bid rejection. By signing below, the terms stated have been reviewed and approved. Company Name: Signed By: Print Name and Title: 6'-VCTV-1 e OAS . Date: Pate Intentionally Left Blank i►Commerce Bank Member FDIC REMITTER: WE LLC PAY TO THE ORDER OF: CITY OF LUBBOCK CASHIER'S CHECK 18-1/1010 0469310068 DATE: 07 - 1$ - 2024 $ 350,000.00 Three Hundred Fifty Thousand Dollars and 00/100 TWO SIC ATURE RE IRE %- OVER $50,000.00 MEMO: BID GUARANTY 5%.' For Commerce Bank Customer Service call 1-866-720-7038 Au horked Sigra ure tin 04693 L00660 1: 10 L0000 L94 00g95609 211' Pate Intentionally Left Blank City of Lubbock Insurance Requirement Affidavit Project Number: To Be Completed by Bidder or Offeror I, the undersigned Bidder/Offeror certify that the insurance requirements contained in this bid/proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock (City), I will be able to, within ten (10) business days after being notified of such award by the City, furnish a valid insurance certificate and endorsements to the City meeting all of the requirements presented herein. ge&w- Contragor Representative (Original Signature) Contractor's Business Name. MJ E, LLC Jill M Wahl Contractor Representative (Printed) (Print or Type) Contractor's Address: 26503 11 RD, Montezuma, KS 67867 Contractor's Email Address: jwahl@mjellc.net INSURANCE AGENT/BROKER CONTACT INFORMATION Firm Name: I MA Wichita Team Contact Name: Marc Nuessen Phone No.: 316-267-9221 Email-wmarcotte@ucict.com NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. Pate Intentionally Left Blank Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Pate Intentionally Left Blank Contractor's General Information Organization Doing Business As MJE, LLC Business Address of Principle Office 26503 11 RD Montezuma, KS 67867 Telephone Numbers Main Number 620-846-2634 Fax Number 188-619-3456 Web Site Address https://mjellc.net/ Form of Business (Check One) A Corporation A Partnership An Individual 1 1 , 1 Date of Incorporation State of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name Date of Organization State whether partnership is general or limited If an Individual Name Business Address Identify all individuals not i control over the organization Indicators of i Average Number of Current Full Time Average Estimate of Revenue for the Employees 250 Current Year Contractor's Organizational Experience Organization Doing Business As MJE, LLC Business Address of Regional Office 26503 11 RD Montezuma, KS 67867 Name of Regional Office Manager Aaron Jantz Telephone Numbers Main Number 620-846-2634 Fax Number 188-619-3456 Web Site Address https://mjellc.net/ List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Construction Years experience in projects similar to the proposed project: As a General Contractor IAs a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? N O If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten years? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five ears? N O If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? NO If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? NO If yes provide full details in a separate attachment. See attachment No. Contractor's Proposed Key Personnel Organization Doing Business As Proposed Project Organizat-iM Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. Experience of Key Personnel Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Jeff Skidmore Aaron Albers Project Superintendent Jacob Klassen Corny Fehr Project Safety Officer Shannon Coleman Miles Purcell Quality Control Manager Shannon Coleman Miles Purcell If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. Proposed Project Managers Organization Doing Business As Primary Candidate Name of Individual MJE, LLC Jeff Skidmore Years of Experience as Project Manager 17 Years of Experience with this organization 17 Number of similar projects as Project Manager 17 Number of similar projects in other positions NA Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date KDOT Ford County Projects 25% 12/31/2025 Dodge City Wastewater Treatment Facility 25% 12/31/2024 Seaboard Lagoon Projects 25% 12/31/2024 Reference Contact Information (listing names indicates ap roval to contacting the names individuals as a reference) Name Walter Marcotte Name Rick Martinez Title/ Position VP of Estimating Title/ Position Facilities Asset Manager Organization uCl Organization Seaboard Telephone 316-265-9506 Telephone 580-338-4956 E-mail wmarcotte@ucict.com E-mail rick.martinez@seaboardfoods.com Proj ect Dodge City Wastewater Proj ect Seaboard Lagoon Projects Candidate o � date role on Alternate Candidateoject Name of Individual Project Manager Candidates role Project Manager Aaron Albers Years of Experience as Project Manager 12 Years of Experience with this organization 12 Number of similar projects as Project Manager 1 Number of similar projects in other positions NA Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Seaboard Lagoon Projects 25% 12/31/2024 'approval Name Rick Martinez to contacting the Name names individuals as a reference) Title/ Position Facilities Asset Manager Title/ Position Organization Seaboard Organization Telephone 580-338-4956 Telephone E-mail rick.martinez@seaboardfoods.com E-mail Project Seaboard Lagoon Projects Project Candidate role on Project Proe ct M a n a e r j g Candidate role on Project Proposed Project Superintendent Organization Doing Business As Primary Candidate Name of Individual Jacob Klassen Years of Experience as Project Superintendent 25 Years of Experience with this organization 25 Number of similar projects as Superintendent 15 Number of similar projects in other positions NA Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date KDOT Ford County Projects - 3 Locations 25% 12/31/2025 Dodge City Wastewater Treatment Facility 50% 12/31/2024 Reference Contact Information (listing names indicates ap roval to contacting the names individuals as a reference) Name See Above Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project CandidateAlternate Name of Individual Candidate role on Project Corny Fehr Years of Experience as Project Superintendent 25 Years of Experience with this organization 25 Number of similar projects as Superintendent 15 Number of similar projects in other positions NA Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date KDOT Ford County Projects - 3 Locations 25% 12/31/2025 Dodge City Wastewater Treatment Facility 25% 12/31/2024 'approval Name See Above to contacting the Name names individuals as a reference) Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Proj ect Proj ect Candidate role on Project Candidate role on Project Proposed Project Safety Officer Organization Doing Business As Primary Candidate Name of Individual Shannon Coleman Years of Experience as Project Safety Officer 5 Years of Experience with this organization 5 Number of similar projects as Safety Officer 5 Number of similar projects in other positions NA Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Dodge City Wastewater Treatment Facility 33% 12/31/2025 KDOT Ford County Projects - 3 Locations 33% 12/31/2024 Reference Contact Information (listing names indicates ap roval to contacting the names individuals as a reference) Name See Above Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project CandidateAlternate Name of Individual Candidate role on Project Miles Purcell Years of Experience as Project Safety Officer 4 Years of Experience with this organization 4 Number of similar projects as Safety Officer 4 Number of similar projects in other positions NA Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Dodge City Wastewater Treatment Facility 33% 12/31/2024 KDOT Ford County Projects - 3 Locations 33% 12/31/2025 'approval Name See Above to contacting the Name names individuals as a reference) Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Proj ect Proj ect Candidate role on Project Candidate role on Project Proposed Project Quality Control Manager Organization Doing Business As Primary Candidate Name of Individual Shannon Coleman Years of Experience as Quality Control Manager 5 Years of Experience with this organization 5 Number of similar projects as Quality Manager 5 Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Dodge City Wastewater Treatment Facility 33% 12/31/2024 KDOT Ford County Projects - 3 Locations 33% 12/31/2025 Reference Contact Information (listing names indicates ap roval to contacting the names individuals as a reference) Name See Above Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project CandidateAlternate Name of Individual Candidate role on Project Miles Purcell Years of Experience as Quality Control Manager 4 Years of Experience with this organization 4 Number of similar projects as Quality Manager 4 Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Dodge City Wastewater Treatment Facility 33% 12/31/2024 KDOT Ford County Projects - 3 Locations 33% 12/31/2025 'approval Name See Above to contacting the Name names individuals as a reference) Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Proj ect Proj ect Candidate role on Project Candidate role on Project Contractor's Project Experience and Resources Organization Doing Business As Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meetin HUB / MWBE Partici ation Goal Equipment Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necess Equipment Item Primary Use on Project Own Will Lease See Attached Division of Work between Organization and Subcontractor What work will the organization complete using its own resources? Earthwork, Demo, Aggregate, Building, Concrete, Protective Cover What work does the organization propose to subcontract on this project? Asphalt, Seeding, Erosion Control, Fence, Liners, Leachate, Electric Contractor's Subcontractors and Vendors Organization Doing Business As WoJect Subcontractors Provide a list of subcontractors that will provide more tlhan 10 percent of the work (based on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm Falcon Enrionmental Lining Systems Liners 24% Net Connection Litter Fence 7% Provide information on the proposed key personnel, project experience and a description of past relationship and work ex erience for each subcontractor listed above using the Project Information Forms. Equipment Vendors Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Vendor Name Equipment / Material Provided Furnish Only Furnish and Install HUB/M WBE Firm C2R Leachate Pump, Control Panel, Breakout Boxes, and Flow Sensor X 10 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager 11 Attachment B Project Information Project Owner IProject Name General Description of Project Project Budget and Schedule Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost ProjectKey • Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Control Manager Name Percentage of Time Devoted to the Project Proposed for this Project Did Individual Start and Complete the Project? If not, who started or completed the project in their place. Reason for change. Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Surety Number of Issues Resolved Total Amount involved in Number of Issues Resolved Issues Pending Total Amount involved in Resolved Issues 12 MJE, LLC Supplemental Info Current Proiects List - Attachment A Name Client Contact Telephone Dollar Amount Type of Job Southwest Cattle Josh Tevelde SS9-80S-3271 $ 2,691,947 Earthwork/Construction Sublette Feeders Pen Expansion Jeremy Simon 620-668-SS01 $ 2,113,742 Earthwork/Construction Wilroads Expansion Keith Bowman 361-S49-9260 $ 1S,9S1,1SS Earthwork/Construction Dodge City Levee Improvements Rick Slattery 620-22S-8106 $ 1,772,031 Earthwork/Erosion Blue Sky Kansas Dairy Harry Dewitt 806-26S-3310 $ 24,647,804 Earthwork/Construction Seaboard Lagoons Ray Slattery S80-338-4960 $ 3,S2S,000 Earthwork, Clay Liner, Anchor Trench Legacy Farms Expansion Brent Bouma 806-470-0022 $ 14,192,270 Earthwork/Construction Projects Completed of similar size/scope in last 5 years: Name Client Contact Telephone Dollar Amount Type of Job Seaboard Guymon Rick Martinez S80-338-4960 $ 2,09S,7S4 2022 Earthwork, Clay Liner, Anchor Trench Western Plains Regional Landfill Rachel Hanigan 40S-43S-7788 $ 416,82S 2019 Earthwork, Clay Liner, Anchor Trench MJE, LLC Supplemental Info Available and Hourly Rates Equipment Hourly Cost Available Pieces CAT 627 Scraper $ 300.00 3 KTEC Scraper w/Truck $ 32S.00 3 CAT D6 Dozer $ 1SO.00 2 CAT D10 Dozer $ 300.00 1 CAT 160M Blade $ 200.00 1 Skid Loader $ 200.00 1 CAT 740 Eject Truck $ 2SO.00 4 CAT 36S Excavator $ 27S.00 1 JD 9320 Farm Tractor $ 200.00 2 10' Rome Disk $ SO.00 1 Laser Plane & Sheep's Foot Packer $ SO.00 1 CAT 9SOG Loader $ 1SO.00 1 CAT 81S Compactor $ 17S.00 1 CAT Recycler RMS00 $ 400.00 1 ,acoRo° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 5/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: IMA Wichita Team IMA, Inc. - Wichita PO Box 2992 PHONE FAX A/c No Et): 316-267-9221 A/c No): ADDRIESS: certs@imacorp.com Wichita KS 67201 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: National Union Fire Insurance Company of Pittsburg19445 License#: PC-1210733 INSURED MJELLCO-01 INSURERB: The Cincinnati Insurance Company 10677 MJE, LLC 2650311 Rd INSURERC: New Hampshire Insurance Company 23841 INSURERD: Arch Specialty Insurance Company 21199 Montezuma, KS 67867 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:523855680 REVISION NUMBER: 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. INSR LTR OF INSURANCE ADDLSUBRTYPE INSD WVD POLICY NUMBER EFF MM DDPOLICY/YYYY Y EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL3561415 6/1/2023 6/1/2024 EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREM SES (Ea occurrrence $ 500,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY PROT- � CLOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY CA3326218 6/1/2023 6/1/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR EXS0616804 6/1/2023 6/1/2024 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC013588191 6/1/2023 6/1/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional/Pollution Liability PDCPP0044700 1/1/2023 1/1/2024 See Below Claims Made Retroactive Date: 1/1/2023 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability Limits: $1,000,000 Per Claim; $1,000,000 Aggregate; Deductible $25,000; Pollution Liability Limits: $1,000,000 Per Claim; $1,000,000 Aggregate; Deductible $10,000. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. SAMPLE AUTHORIZED� REPRESENTATIVE ( ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION EXPERIENCE RATING NCC/ Risk Name: MJE LLC Risk ID: 918103104 Rating Effective Date: 06/01/2023 Production Date: 01/24/2023 State: INTERSTATE State Wt Exp Excess Expected Exp Prim Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses Losses Losses CO 1 .20I OI 01 01 01 66,5001 01 0 IKs 1 .261 265,208 404,8311 139,6231 31,8451 68,6001 139,6921 107,84,7,E INE .23I OI OI OI OI 73,8001 Ou INM 1 .23I OI OI OI OI 77,4001 Ou IoK 1 .231 15,9121 22,1011 6,1891 OI 72,6001 01 0 ITx 1 .26I 4,905I 7,0091 2,1041 OI 68,9501 01 0 (A) (B) (C) Exp Excess (D) Expected (E) Exp Prim (F) Act Exc (G) Ballast (H) Act Inc (1) Act Prim Wt Losses(D -E) Losses Losses Losses (H-1) Losses Losses 1.261 1 286,0251 433,9411 147,9161 19,8301 68,8091 71,2631 51,433 Primary Losses Stabilizing Value Ratable Excess Totals (I) C * (1 - A) + G (A) * (F) (J) Actual 51,433 280,468 5,156 337,057 (E) C " (1 - A) + G (A) * (C) (K) Expected 147,916 280,468 74,367 502,751 ARAP FLARAP SARAP MAARAP Exp Mod Factors 1.00 .67 RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE. THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. ONE OR MORE CLAIM AMOUNTS HAVE BEEN REDUCED DUE TO EMPLOYER REIMBURSEMENTS AS PART OF A NET DEDUCTIBLE, EMPLOYER -PAID MEDICAL OR COMPENSATION REIMBURSEMENT PROGRAM IN THE FOLLOWING JURISDICTIONS: KS © Copyright 1993-2023, All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or in part, may be made without the prior written consent of NCCI. This product is furnished "As is" "As available" "With all defects" and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutory, or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the product or information contained therein. This product and the information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes. All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Page 1 of 6 WORKERS COMPENSATION EXPERIENCE RATING NCC/ Risk Name: MJE LLC Risk ID: 918103104 Rating Effective Date: 06/01/2022 Production Date: 01/25/2022 State: INTERSTATE State Wt Exp Excess Expected Exp Prim Act Exc Losses Ballast Act Inc Losses Act Prim Losses Losses Losses Losses CO 1 .201 OI 01 01 01 64,4001 01 0 IKs 1 .261 257,485I 393,7141 136,2291 164,0811 62,4001 250,1551 86,07,4,E INE .23I OI OI OI OI 67,8001 0u INM 1 .23I OI OI OI OI 71,7001 Ou IoK 1 .23I 6,1621 8,5571 2,3951 OI 72,3001 01 0 ITX 1 .25I 3,327I 4,6861 1,3591 OI 63,7001 01 0 (A) (B) (C) Exp Excess (D) Expected (E) Exp Prim (F) Act Exc (G) Ballast (H) Act Inc (1) Act Prim Wt Losses(D -E) Losses Losses Losses (H-1) Losses Losses 1.261 1 266,9741 406, 957I 139,9831 164,0811 62,6231 243,7021 79,621 Primary Losses Stabilizing Value Ratable Excess Totals (I) C * (1 - A) + G (A) * (F) (J) Actual 79,621 260,184 42,661 382,466 (E) C " (1 - A) + G (A) * (C) (K) Expected 139,983 260,184 69,413 469,580 ARAP FLARAP SARAP MAARAP Exp Mod Factors 1.00 .81 RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE. THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. ONE OR MORE CLAIM AMOUNTS HAVE BEEN REDUCED DUE TO EMPLOYER REIMBURSEMENTS AS PART OF A NET DEDUCTIBLE, EMPLOYER -PAID MEDICAL OR COMPENSATION REIMBURSEMENT PROGRAM IN THE FOLLOWING JURISDICTIONS: KS © Copyright 1993-2022, All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or in part, may be made without the prior written consent of NCCI. This product is furnished "As is" "As available" "With all defects" and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutory, or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the product or information contained therein. This product and the information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes. All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Page 1 of 7 WORKERS COMPENSATION EXPERIENCE RATING &C-C/d Risk Name: MJE LLC Risk ID: 918103104 Rating Effective Date: 06/01/2021 Production Date: 02/09/2021 State: INTERSTATE Skate Wt Exp Excess Expected Exp Prim Act E;127,2 Ballast Act Inc Losses Act Prim I Losses Losses Losses losses Co .17 0 0 55,800 0 0 193,882 66,601 I<s .23 204,052 317,834 113,782 55,800 NE .21 0 0 59,6751 0[___ OI INM 1 .201 QI 01 OI 59,2501 OI OI olc 1 .20! _ 1,7171 2,5261 809 1 59,7501 01 OI Tx 1 .22j 3,150 4,7811 1,6261 0 54,725 0 0 (A) (C) Exp Excess (D) Expected (E) Exp Prim (F) Act Exc I (G) Ballast (H) Act Inc (1) Act Prim I Wt j(Sj Losses(D -E) Losses losses Losses(H-I) Losses Losses 1.231 I 208,924I 325,1411 116,217 127,2811 55,8151 193,8821 66, d Primary Losses Stabilizing Value Ratable Excess Totals {I) C * (1 - A) + G I (A)' (F) (J) Actual 66,601 216,686 29,275 312,562 (E) C (1 - A) + G _(A) Y (C) (K) Expected 116,217 216,686 48,053 380,956 ARAP FL.ARAP SARAP MAARAP 1 Exp Mod (J) / (K). Factors 1.00 •82 THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE. THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. ONE OR MORE CLAIM AMOUNTS HAVE BEEN REDUCED DUE TO EMPLOYER REIMBURSEMENTS AS PART OF A NET DEDUCTIBLE, EMPLOYER -PAID MEDICAL OR COMPENSATION REIMBURSEMENT PROGRAM IN THE FOLLOWING JURISDICTIONS: KS Ii ghl f5�3.7971 All rr)l'rs « Senrod. Thra prodr.IU •f, ,r;'as and rn'rtrn Ili, ;n nir rr• ;i•n'fiI, rre I,r+ourr� f ,l ,;!Uq a ;,ro.,••rty. of m f ,.r;,.Il Coanrpl an Ca. •v:d nn Innnmrn+a• .r /r�I :I:I; I -I r•3, r- •h: Ill o,. ,.rl .:r of Nccl, This Srr-1 r I r-. ' h�c. lNCC16 Nq hni3ret uaa. i rrrrinalbn. sab. Iran c:I � I . L, .' : ,. Aq aY&IebIC"Wier all Cofc. ..n' Iuludtls nfryrmalr rv;• a r r tI. , f Ir I:,:� - Iy. rV,:�.l nak:, nrr r ,+r,sr roar ,rn oI na+r rni my ..In, r a• • .n sire we:4uel a�Pl •:rr'r '.. 'Istfwms any 9nd 'rl ,•ir r• .rrpa >r .. r .a .c: ,. I . .. N..::re. rI : c! rawchanlabdliy, filne,S for a �arflculy purpos6, amraq_ comPIa ,. rx•s� c m I :I , S., f rcd rlcl or nro r• 1 I I C.l .c: I n , are In be used emhaively for undartiYYiti • pramrual colcufaUdn an4 o:n�f I • • , ., v .. n ... fr,r l yell :1. P„'Iva s. All. r Ponibilily for 111e urs of and for nny and no m wlS derv"Cl u nhll nP•I 1I40,l,9l'tlwc use of llr .. • • ,i wws am NCCI ah.:r 1, Page 1 of 8 OSHA's Form 300A (Rev.0412004) Summary of Work -Related Injuries and Illnesses Note: You can type input into this form and save it. Because the forms in this recordkeeping package are "fillable/writable" PDF documents, you can type into the input form fields and then save your inputs using the free Adobe PDF Reader. All establishments covered by Part 1904 must complete this Summary page, even if no work -related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for- each category. Then write the totals below, making sure you've added the entries from every page of the Log. If you had no cases, write "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR Part 1904.35, in OSHA's recordkeeping rule, for further details on the access provisions for these forms. Total number of Total number of Total number of cases 'Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 2 0 5 (G) (H) (1) 0) Total number of days away from work 9 Total number of days of job transfer or res(netion I (K) (L) Injury and Illness .- Total number of... M (1) ]njtu-ies 7 (4) Poisonings 0 (2) Skin disorders 0 (5) Hearing loss 0 (3) Respiratory condilions 0 (6) All other illnesses 0 Post this Summary page from February t to April 30 of the year following the year covered by the form. Public reposing burden for this rollacIion of inl'onlwrion is estimated to m e.ge SK minutes per response. including time to ros ie,l the instruction.. seaiah and gather the data needed, and cuniIll— and —,i— the collrelwn uC ,4 ucumn. I....,aos me unI requurd to respuud m the cullecliou of inf0i inmion unless it displdy, it vueully wlid OMB cunuol uumher. Ityuu hose uuy anumehh about these estimates or any other aspects of ELis Bala cullectfon, conlnce US Uepanmcnl of Labor. OSHA i )mice ofsLatimcli Analysis. Room N-do44, 200 Consnmlion Avenue. Nw, waehhigloi4 DC 20210. Uo not send [he completed f)rnis to this MII— Year 20 23 U.S. Department of Labor Occupattonal Safety and Health Adrnlnlstratlon Pons :glptoseJ Oh lB uo 12 18-0 176 Establishment information ra ur astenfrshmtHlt name MJE, LLC street 26503 11 ROAD Ci1yMONTEZUMA Sta11 KS Zip 67867 Indusuy description (e{;., .wlmmHfitehtre ofinolur truck Ovikfre) 1794 Notlh American Iltd11511 ial ClaI,sitication (NAIC'S), if known (e.g., 336212) 238910 Employment information (#)-on don't have these I/ Qtlres• vcv the II'orksheel on the nea9 page to estimate.) Annual avel'age number of eutployces 220 Total hours worked by all employees Lit year 526,547.00 Sign here Knowingly falsifying this document nr» result in a fine. I certify that I have examined this document and that to the best of �owledge the c rie% are true, accurate, and C+Ill 11% Cl; Company csccutivc 1-illr PIuInX0.846.2634 Date01/15/2024 Reset � � � L�1 � � STATE OF TEXAS COUNTY OF LUBBOCK Contract 18166 TH[S AGREEMENT, made and entered into this 13"' day of AUguSt, 2024 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and MJE, LLC of the City of Montezuma, County of Grav and the State of Kansas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: �ITB 24-18166-TF, West Texas Region Disposal Facility Cell 6 Construction and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance �and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. MJE, LLC's proposal dated Julv 18, 2024, is incorporated into and made a part of this agreement. � The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. � The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. � [N W[TNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. � CONTRACTOR: MJE, LLC � BY � iL — � PRINTED NA 0.ro �- . TITLE: COMPLETE ADDRESS: MJE, LLC 26503 11 Rd Montezuma, KS 67867 ATTE - _ � �orporate cretary RyatiBroo�Sen�r Assistant City Attorney � r.: ` TY OFLUBB�K,� By _._ V Mark McBrayer, M ATTEST: � Courtney �az, City A �PROVED AS T � ,� _ I partm nt re� L". EXAS (OWNER): 1 � ve ENT: �f l� � �-��f1/�. -� �� Name (Printed) Date APPROVED AS TO FO r