HomeMy WebLinkAboutResolution - 4144 - Contract - ASAI_Roche Newton & Company - ACM Abatement, Citibus Transfer Site - 05_13_1993Resolution No. 4144
May 13, 1993
Item #30
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and ASAI/Roche Newton and Company to provide
ACM Abatement at Citibus Transfer Site for Citibus, Lubbock, Texas, attached
herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied here44a detail.
Passed by the City Council this
ATTEST:
Betty nson, Pty S7ecretary
APPROVED AS TO CONTENT:
ctor Kilmak, Purchasing Manager
APPROVED AS TO FORM:
Harold i ar ssistant City
Attorney
SW:ja/ASAIROCH.RES
D2-Ag®nda/May S, 1993
CITY OF LUBBOCK
SPECIFICATIONS FOR
ACM ABATEMENT
EXISTING BUILDINGS
AT CITIBUS TRANSFER SITE
I BID # 12542
CITY OF LUBBOCK
Lubbock, Texas ' cs4444
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and ASAI/Roche Newton and Company to provide
ACM Abatement at:Citibus Transfer Site for Citibus, Lubbock, Texas, attached
herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this day of , 1993.
ATTEST:
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
Victor Kilmat, Purchasing Manager
APPROVED AS TO FORM:
ITa—r—old WilTard,—A-s;sistant city
Attorney
EW:js/ASAIROCE.RES
D2-Aganda/May S, 1993
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: ACM ABATEMENT
EXISTING BUILDINGS AT CITIBUS TRANSFER SITE
ADDRESS: DOWNTOWN TRANSFER PLAZA
801 BROADWAY, LUBBOCK, TEXAS
BID NUMBER: 12542
PROJECT NUMBER: 2171-552101-9779
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
1.
NOTICE TO BIDDERS..........................................................................................3
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2.
GENERAL INSTRUCTIONS TO BIDDERS............................................................................4
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3.
BID PROPOSAL • BID FOR LUMP SUM CONTRACTS.................................................................10
4.
PAYMENT BOND..............................................................................................14
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5.
PERFORMANCE BOND..........................................................................................17
6.
CERTIFICATE OF INSURANCE..................................................................................20
E7.
CONTRACT..................................................................................................22
11.
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................24
9.
CURRENT WAGE DETERMINATIONS................................................ 42
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10.
SPECIFICATIONS.......... 43
11.
SPECIAL CONDITIONS........................................................................................44
12.
NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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I NOTICE TO BIDDERS
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BID # 12542
Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received
at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401,
until 2:00 o'clock o.m. on the 14th day of April, 1993, or as changed by the issuance of formal addenda to
all planholders, to furnish all labor and materials and perform all work for the construction of the
following described project:
ACM ABATEMENT -EXISTING BUILDINGS AT CITIBUS TRANSFER SITE
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Buyer at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of
Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.tl
The City of Lubbock will consider the bids on the 13th day of May, 1993. at Municipal Bldg.,
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
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should
be issued by a company carrying a current Rest Rating of I or superior, as the rating of the bond company is
a factor that will be considered in determination of the lowest responsible bidder. If the contract price
does not exceed 525,000.00 the said statutory bonds will not be required.
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 bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
it shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
ell such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of, Lubbock, Texas.
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 Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each Uidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
r" heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disability, or national origin in consideration for an award.
There will be a pre -bid conference on 8th day of April, 1993, at 11:00 o'clock a.m., Conference Room
#108, 1625 13th Street, Lubbock, Tx.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -
bid meetings and bid openings are available to all persons regardless of disability. If you would like bid
information made available in a more accessible format or if you require assistance, please contact the
Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at
least 48 hours in advance of the meeting.
CITY LUBBOCK
Ron Shuffield
SENIOR BUYER
ADVERTISEMENT FOR BIDS
BID 9 12542
Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received
at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2-00
o'clock a.m. on the 14th day of April. 1993, or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all work for the construction of the following
described project:
ACM ABATEMENT -EXISTING BUILDINGS AT CITIBUS TRANSFER SITE
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Buyer at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
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 Manager of the City of
Lubbock, Texas. Each bidders attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
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.
There will be a prebid conference on 08th day of April. 1993, at 11:00 o'clock a.m., Community
Conference Room, 108, Municipal Building, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -
bid meetings and bid openings are available to all persons regardless of disability. If you would like bid
information made available in a more accessible format or if you require assistance, please contact the
Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at
Least 48 hours in advance of the meeting.
CIT F LUSBO
7ti
RON SHUFFIELD
SENIOR BUYER
Ro'"
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GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Contractor shall furnish all labor, material, equipment and superintendence to complete the ACM Abatement as
r specified herein.
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The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
Z. CONTRACT DOCUMENTS
r. All work covered by this contract shall be done in accordance with contract documents described in the
Gen-eral Conditions.
AL1 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
i contemplated by said contract documents.
PM 3. PLANS FOR USE BY BIDDERS
i
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 of forfeiture of deposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 10 (ten) calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
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 sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
b. AFFIDAVITS OF BILLS PAID
i
t
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
r. 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.
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T. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting 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 provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective 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).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
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.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to ell underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground 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.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish end erect such barricades, fences, lights and danger sig-
nals, 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
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lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
tft cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
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
IPA shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. 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.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
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
r, 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.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required
r" 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 subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named es additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
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 which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(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.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
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The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
r dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
Laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
FM 20. PREPARATION FOR PROPOSAL
1
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
r„ correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
k to do the work contemplated or furnish the materials required. Such prices shall be written in ink,
dis-tinctly and Legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
r viduaL, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
r a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(1) Insurance Certificates.
(j) All other documents made avaiLeble to bidder for his inspection in accordance with the Notice to
Bidders.
r" 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.
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BID PROPOSAL
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rLIST OF SUBCONTRACTORS
This form shall be completed and submitted with the Bidder's Proposal.
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5.
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Minority Owned
Yes No
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PAYMENT BOND
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BID PROPOSAL
BID FOR LUMP. SUM CONTRACTS
4
rPLACE 801 Broadway
DATE - Aori 1 14, 1993
PROJECT NO. 12542
Proposal of ASAIfROCHE NEWTON & COMPANY (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
i The Bidder, in compliance with your invitation for bids for the construction of aArM AhatpMpnt of FYi,;Unn
1 BUildinosat Citibus Transfer Site 801 Broadway
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents end the site of the proposed work, and being familiar with all of the, conditions surround-
•, Ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated below. The price to cover
all expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, is as follows:
MATERIALS:Four thousand three hundred forty—fivp A nn/1n n---- (s4, 345.40 )
r SERVICES: Eight thousand and no/100--------------------------(s
` IOTAL BID:_ Twelve thousand three hundred forty—fivp and nn f lnrxs 12, 3A5. 00 )
Amount shall be shown in both words and figures. In care of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the owner and to fully complete the project within 10 (Ten) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to
Owner as liquidated damages the sum of $400.00 (one Hundred Dollars) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions
of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty C30) calendar
days after the scheduled closing time for receiving bids.
41
PM
r' 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
FIR work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) or a Proposal Bond in the sum of 5% Dollars (S ),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the owner end the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; 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 con-
tract documents made available to him for his inspection in accordance with the Notice to Bidders. i
ASAI/ROCHE NEWTON R COMPANY
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Contrac r
B.
!— Prpsidpnt
(Seal if Bidder is a Corporation)
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ATT
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Secret
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r ASBESTOS AND TOXIC RIDER
To Be attached to form a part of Performance Bond and/or Labor and Material
r Bond, Numbered 9318264 , dated the 13th day of
April , 19 93 , issued by American Bonding Company,
r
as surety on behalf of ASAI/Roche Newton & Company
as Principal, in favor of City of
Lubbock as Obligee.
This bond is executed on the following express conditions, which are preceden
to any recovery hereunder:
I. That no claim, suit or other legal action can be brought against
this bond because of any insurance or worker's compensation requirements
contained in the related contract or any changes thereto. This includes,
but is not limited to lack of any insurance or worker's compensation or
inadequate insurance coverage limits carried by the Principal, its Agents,
servants, employees or any contractor employed by the Principal.
•- II. That no claim, suit or other legal action can be brought against
this bond by anyone other than the Obligee and those parties expressly
permitted by the statutes applicable to this bond.
III. No claim, suit or other legal action shall be commenced against the
Principal or Surety for any default in performance, labor performed or
materials supplied, after one (1) year after substantial completion.
Signed this 13th day of April , 19 93 , at
Alhuquerque . New Mexico
(city) (state)
AMERICAN BONDING COMPANY
Bv� *K.0 h I/ t
Lurline D. McCorry
Attorney -In -Fact
(8-90) Form �19
r
THE AMERICAN INSTITUTE OF ARCHITECTS
r AIA Document A310
Bid Bond
r BOND NO. 9318264
KNOW ALL MEN BY THESE PRESENTS, that we ASAI/Roche Newton & Company
r- 1007 25th Street (Here insert full name and address or legal title of Contractor)
Lubbock, Texas 79405
as Principal, hereinafter called the Principal, and American Bonding Company
6245 East Broadway., Suite 600 (Here insert full name and address or legal title of surety)
Tucson, Arizona 85711
a corporation duly organized under the laws of the State of Arizona
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock
1625 13th, Room L-04 (Here Insert full name and address or legal title of Owner)
Lubbock, Texas
as Obligee, hereinafter called the Obligee, in the sum of
FIVE PERCENT OF THE AMOUNT BID Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
(Here in full name, address and description of project)
Floor Tile, Mastic, Pipe Lagging
and Glove Bagging, City of Lubbock
Lubbock, Texas
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the gvent of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
�. in full force and effect.
Signed and sealed this 13th day of April 1993
ASAI/Roche Newton & Company
(Principal) (Seal)
(Witness)
Glenda Keyton (Title) President
American Bonding Company
(Surety) (Seal)
(Witness)
e)
Lurline D. McCorry Attorney —In —Fact
AIA DOCUMENT A310 • BID BOND • AIA O • FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1
PM
AMERICAN BONDING COMPANY
9318264
•- GENERAL POWER OF ATTORNEY
Mow all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by
these presents does make, constitute and appoint
LURLINE D. MCCORRY OF ALBUQUERQUE, NEW MEXICO
its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and
contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
r•.
TWO HUNDRED FIFTY THOUSAND ($250,000) DOLLARS
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
r„ Board of Directors of the Company on the 15th day of November, 1991.
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President
of the Company, be, and that each or any of them Is, authorized to execute Powers of Attorney qualifying the attorney -in -fact named In the given Power of Attorney to execute in
behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of
them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto
by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Comparry when to affixed and In
ow the future with respect to any bond, undertaking or contract of suretyship to which It is attached."
In Witnom Whereof, AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed
by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 4th Day of February, 1993.
Atte a AMERICAN BONDING COMPANY
(/ 49-
By>William R. McKenzie, Assistant Vice President a John C. h r, Vice President
*
STATE OF ARIZONA
COUNTY OF PIMA
On this4th day of February , 1993 , before me personally came John C. Fisher, to me known, who being by me duty sworn, did
depose and say that he is a Vice President of AMERICAN BONDING COMPANY, the corporation described in and which executed the above instrument;
that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation and that he signed his name thereto by like order.
CHRIFSTIE TURLEY .
NOTARY PUBLIC CHRISTIE TURLEY
NOTARY PUBLIC
My Commission Expires My Commission Expires March 10, 1995
March 10, 1995
CERTIF
1, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors,
set forth in the said Power of Attorney, is now in force.
Signed and sealed at the city of Tucson, in the State of Arizona. Dated the 13r11 day of April , 19 93
Florence E. Robert. Assistant Secretary
NIXrAA
PERFORMANCE BOND
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17
CERTIFICATE OF INSURANCE
Q11
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CERTIFICATE OF INSURANCE ��
ISSUE ATE 4/28-
t PRODUCER
Coamercial Nest Bonding
7800 Marble, Suite 10
A1bjq -rq , NM 87110
i
INSURED
ASAI.IOX
P.O. BOX 1044
LUBBOCK,• TX 79408
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I COMPANIES AFFORDING COVERAGE
COMPANY LETTER A: FIDELITY ENVIRONMENTAL INSURAN
COMPANY LETTER B:
COMPANY LETTER Cs
COMPANY LETTER 0:
COMPANY LETTER E:
�` COVERAGES
THIS IS TO CERTIFY THAT 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 CONQITIONS OF SUCH POLICIES. LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS.
CO
POL. EFF.
POL. EXP.
LTA
TYPE OF INSURANCE
POLICY NUMBER
DATE
DATE
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE S 1.000,000
A
[XI COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE DO OCCUR.
ARC924400997
08/06/92
08/06/93
PRODUCT-COMP/OPS AGG. S INCL.[
PERSONAL i ADV. INJURY f
I I OWNER'S L CONTRACTOR'S PROT.
EACH OCCURRENCE S 1.000,000
[
FIRE DAMAGE (Any we fire) S EXCL.
MED. EXPENSE (Any one person) S 5,000
AUTOMOBILE LIABILITY
I I ANY AUTO
COMBINED SINGLE LIMIT S
[ I ALL OWNED AUTOS
I I SCHEDULED AUTOS
BODILY INJURY (Per person) S -
I I HIRED AUTOS
I I NON -OWNED AUTOS
BODILY INJURY (Per Accident) S
I GARAGE LIABILITY
. I
PROPERTY DAMAGE S
EXCESS LIABILITY
I I UMBRELLA FORM
EACH OCCURENCE S
[ I OTHER THAN UMBRELLA FORM
AGGREGATE S
WORKER'S COMPENSATION
STATUTORY LIMITS
'
AND
EACH ACCIDENT S
DISEASE -POLICY LIMIT S
EMPLOYER'S LIABILITY
DISEASE -EACH EMPLOYEE S
OTHER
s
S
7ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
AE: FLOOR TILE L MASTIC, LUBBOCK. TEXAS
FIIIIIIIIIIIIII CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 10
ITY OF LUBBOCK MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
0. BOX 2000 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
.UBBOCK, TX 79457 LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
r
1:
FORM 25-S
i
(7/90)
AUTHORIZED
7
CERTIFICATE OF INSURANCE
ISSUE DATE 05/03/93
RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
.am Fannin Inenrance Agency, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOER NOT AMEND,
1e10 50th Street EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
0A. O. Box 4745
ubbock, TZ 79493-9745 COMPANIES AFFORDING COVERAGE
COMPANY LETTER At NORTHERN COUNTY MUTUAL INS CO
'♦NSURED
ASAI, Inc.
PASAI/Roche Newton
. O. Box 1049
ubbock, TZ 79400-1049
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COMPANY LETTER St
COMPANY LETTER Ce
COMPANY LETTER Et
I COVERAGES
THIS IS TO CERTIFY THAT 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 KITH 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.
0
POL. EFF.
POL. EXP.
.TR
TYPE OF INSURANCE
POLICY NUMBER
DATE
DATE
LIMITS
■
GENERAL LIABILITY
GENERAL AGGREGATE ;
I J COMMERCIAL GENERAL LIABILITY
PRODUCT-COMP/OPS AGG. ;
I ] CLAIMS MADE ( J OCCUR.
PERSONAL i ADV. INJURY ;
( ] OWIMR-S 4 CONTRACTOR-5 PROT.
EACH OCCURRENCE ;
■
( ]
FIRE DAMAGE (Any one fire) ;
NED. EXPENSE (Any one person) ;
AUTOMOBILE LIABILITY
[ ] ANY AUTO
BPK404504
11/06/92
11/06/93
COMBINED BINDLE LIMIT ; 500,000
[ 1 ALL OWNED AUTOS
[XI SCHEDULED AUTOS
BODILY INJURY (Per person) ;
I J HIRED AUTOS
( J NON -OWNED AUTOS
BODILY INJURY (Per Accident) ;
( ] GARAGE LIABILITY
[ ]
PROPERTY DAMAGE ;
EXCESS LIABILITY
( ] UMBRELLA FORM
EACH OCCURENCE ;
( J OTHER THAN UMBRELLA FORK
AGGREGATE ;
WORKER'S COMPENSATION
STATUTORY LIMITS
■�
AND
EACH ACCIDENT ;
DISEASE -POLICY LIMIT ;
EMPLOYER-S LIABILITY
DISEASE -EACH EMPLOYEE ;
OTHER
;
;
P"ESCRIPTION OFAOPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY HIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
City of Lubbock
P. 0. Box 2000
Lubbock, TX 79457
AUTHO�D REPRESE TI1 !`
CAM FANNIN INSURANCE AGENCY.: L
FORM 25-S (7/90) ��
POM
P.M
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}MIND .CERTIFIC TT �OF ANC188UE DATE (MMlDD/YY)'e,
' Yt04/14/93
PRODUCER
iMPOLICISESBELOW,
FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANE
O RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TI
U S A REPRESENTATIVEE
P O BOX 8752
COMPANIES AFFORDING COVERAGE
THE WOODLANDS, TEXAS TT380-8752
COMPANY A TRANS GLOBAL INDEMNITY, LTD.
LETTER
_ ... _....... _ ._....__._ ._._ ... __....���...�.. ---..._.__ _ �;
i
COMPANY B
INSURED
LETTER
BENEFICIAL PERSONNEL SERVICES OF TX., INC
ANY
LL TTER C
10655 SIX PINES DR., STE 21T
--- -- - -- -- - -
THE WOODLANDS, TX T7380
COMPANY
LETTER
CLETTEROMPANY E
COVERAGES ..+r...u.:.+1..2�:s-�:�Y.+w,.rw.:i..L..,.,.
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 REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION ALL OMITS THOUSAND
DATE (MMIDD/YY) DATE (MMID01YY)
GENERAL LIABILITY
j GENERAL AGGREGATE ' i
COMMERCIAL. GENERAL LIABIUTY
PRODUCTS-COMPIOP AGG. S
CLAIMS MADEy- OCCUR.NOT APPLICABLE
PERSONAL i ADV4INJURY i
OWNER'S i CONTRACTOR'S PROT.
! EACH OCCURRENCE i
FIRE DAMAGE (Any one Am)
—�
MID. D PENSE Wry one person) i
AUTOMOBILE LIABILITY
i ' COMBINED SINGLE
i
_._..._ ANY AUTO
_ LIMIT
ALL OWNED AUTOS
NOT APPLICABLE
INJUAY _
SCHEDULED AUTOS
..-.-
; eILY
(Per p}
(Pefperson)
HIRED AUTOS
BODILY INJURY i
NON -OWNED AUTOS
! (Per aeNdant)
GARAGE LIABILITY
PROPERTY DAMAGE 'i
EXCESS LIABILITY
EACH OCCURRENCE i
UMBRELLA FORM NOT APPLICABLE
AGGREGATE
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKER'S COMPENSATION
A WC 1120
_
11/19/92 11/19/93 S00—��
EACH ACCIDENT Rt
AND
DISEASE —POLICY LIMIT i
EMPLOYERS' LIABILITY
` _
SDQ
DISEASE —EACH EMPLOYEE i
OTHER
i
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DESCRIPTION OF OPERATIONSILOCATIONS/YEHICLESISPECULL ITEMS
CLIENT: ASAI/ROCHE NEWTON 00
WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE MOLDER
CERTIFICA t10LD. r :xr ,fir..
/�aj(�}}� ti qr��A
K SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TC
City Of Lubbock
MAIL 1_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
P. 0. Box 2000
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF
Lubbock, TX 79457
LIABILITY OF ANY I(IND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
AUTHORIZED PEPRE8
ACORD 35-S /90 `: �, '4� : n ` :• L c.r. „ . *�' , :- ' '� ' _, `CIACORD CORPORATION 19
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this by and between the City of Lubbock, County of Lubbock,
State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and ASAI/ROCHE NEWTON AND COMPANY of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees
with OWNER to commence and complete the construction of certain improvements described as follows:
BID 012542 - ACH ABATEMENT -EXISTING BUILDINGS AT CITIBUS TRANSFER SITE
and all extra work a in connection therewith, underthe terms as stated in the contract documents andlat 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.
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.
IN WITNESS WHEREOF, the parties to these presents h 6eexecuted this grek, Lubbock County, Texas -in the
year and day first above written.
ATTEST:
Secrete y
S TO CONY T:
ATTEST:
Corporate Secretary
MAYOR
ASA VROCHE NEWTON AND COMPANY
By: / _
TITLE: / � ( r Q SI p6
COMPLETE ADDRESS:
35
F
GENERAL CONDITIONS OF THE AGREEMENT
24
P"
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, copartnership or corporation, to -wit: ,
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to JOHN WILSON, GENERAL MANAGER OF CITIBUS, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under
�., the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in
behalf of the Contractor.
4. CONTRACT DOCUMENTS
t The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
to the Owner's Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
r■.
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or c.Lauses defining the
r character of the work.
6. SUBCONTRACTOR
iThe term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. Owner shall have no re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
7 25
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
a. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or
trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed,, is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating ell work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with _
the Contract Documents. on the basis of his on -site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
26
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
14. OVNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine alt questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
"^ to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
S days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
i
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
r.. may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
i" the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
isuch directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any,subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
l
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27
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary.assistants, all
satisfactory to owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced. —
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21. OBSERVATION AND TESTING
The Owner or owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is
being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa-
tive to make observations of such work or require testing of said work, then in such event owner or Owner's
�+ Representative may require Contractor to furnish owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
., by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Represente-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
r which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
f shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
.-+ the requirements of the contract documents.
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22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur -
then agreed that any remedial action contemplated as hereinabove set forth shall be tit Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
r in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without affecting the validity of this
contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
Increase shall be paid according to the quantity actually done and at the unit price established for such
work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
29
case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual toss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. €XTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
it is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily .incurred, together with all expenses incurred directly on account of such extra work, including
Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation and all other insurances as may be required by tow or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The ,fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost.,,
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
r. received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient suns in his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
7
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention
in Construction" of Associated General Contractors of America, except where incompatible with federal, state
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be
given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
31
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized 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. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of S300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "cu waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
jThe Contractor shall have Excess or Umbrella Liability Insurance in the amount of
(E1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance In force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(b) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EDUIPMENT
n� AND SUPPLIES
l The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, mmaterialmen and furnishers of machinery and parts
rthereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
+ performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shalt allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
r 33
shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shalt indemnify and save Owner harm-
less from any loss on account thereof. if the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at ail times observe and comply with all federal, state and local taws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such taws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the
Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to
the same effect as though embodied herein.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of %400.00 (Four Hundred Dollars ) PER DAY, not as a penalty, but as liquidated
34
damages for the breach of the contract as herein set forth for each and every calendar day that the
Contractor shall be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
t The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
i 34. TIME AND ORDER OF COMPLETION
^' It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
r" contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
/^ The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates of completion of the sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
i
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
r
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shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
clesses of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all
work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity
with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price
set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
40. PAYMENTS -
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de-
fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or
otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month; said statement shall also Include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shalt be retained until final payment, and further, less all previous payments and all further sums that may
be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
FM issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor wider the terms of
i
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
r. certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special
condi-tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative
PM on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
r contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
i Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
r. responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
i.
OW
37
date of substantial completion. The owner or the Owner's Representative shalt give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shalt be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
it is further 'agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. in case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in,
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it,.are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
rAfter receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
( equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
r Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of ,such notice, then the Owner may provide for completion of the work
s� in either of the following elective manners:
t
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
r plies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged
shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at
any time become due to the Contractor under and by virtue of this Agreement. In case such expense
is less than the sum which would have been payable under this contract, if the same had been com-
plated by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sum which would have been payable under this contract, if the same had been
com-pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what
would have been the cost under this contract, such increase shall be charged to the Contractor and
the Surety shall be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
rissued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
e being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within
�. 30 days after the date of certificate of completion.
i
39
In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the.
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owners Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5150, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed 525,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
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53. LOSSES FROM NATURAL CAUSES
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Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
�• of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, sce.ffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the! Contractor.
41
F
CURRENT WAGE DETERMINATIONS
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7
DGV:da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
B.C. McMINN, MAYOR
t + .
Ranettd,,-Boyd, City Secretary
r, APPROVED TO ONTENT: APPROVED AS TO FORM:
Bi 1 P yne, D rector of Building Do ld G. Vandiver, First
Services Assistant City Attorney
i
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourly Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
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EXHIBIT B
r*
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
$5.25
Asphalt Shoveler
4.75
Concrete Finisher
7.35
Concrete Finisher -Helper
4.75
Electrician
10.50
Flagger
4.75
Form Setter
6.50
Form Setter -Helper
5.50
Laborer, General
4.75
Laborer, Utility
5.80
Mechanic
6.50
Mechanic -Helper
6.00
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
6.00
Bulldozer
5.25
Concrete Paving Machinist
6.50
Front End Loader
5.85
Heavy Equipment Operator
6.40
Light Equipment Operator
6.40
Motor Grade Operator
8.00
Roller
5.25
Scraper
5.25
Tractor
5.50
Truck Driver -
Light
5.25
Heavy
5.25
EXHIBIT C
Electric Construction Trades .
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT 0
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is l 1/2 times base rate.
SPECIFICATIONS
43
iFM
INDEX
SECTION TITLE
DIVISION 00
008:30
01010
01040
01060
01100
01200
01300
01500
01600
01T00
02020
02030
02040
02050
02070
02080
02090
DIVISION 01
Dl02
DRAWINGS
SUMMARY OF WORK
COORDINATION
REGULATORY REQUIREMENTS
SPECIAL PROJECT PROCEDURES
PRE BID/ PROJECT MEETINGS
SUBMITTALS
CONSTRUCTION FACILITIES
MATERIALS AND EQUIPMENT
PROJECT CLOSEOUT
ABATEMENT PROCEDURES
AIR -MONITORING\ LAB SERVICES
ASBESTOS ABATEMENT INSPECTIONS
WORKER PROTECTION \ DECONTAMINTATIONS
CONTAINMENTS
ASBESTOS REMOVAL METHODS
CLEAN-UP AND DISPOSAL
OF TNljl
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CL!%R, +"bELAVAN
1 0- 5031
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i1l'sr0S CO SV�s
Grimes and Associates Consulting Engineers
Asbestos Consultant Agency — 10— 0010
Asbestos Laboratory — 30— 0009
SECTION 00850 - DRAWINGS
1. DRAWINGS•
1.1 Drawing 1 of 1 SITE PLAN
1.1.1 Site plan and ACM for removal.
00850 -1
MAP IN FILE
SEE
RESOLUTION
F
SECTION 01010 - SUMMARY OF WORK
PART I- GENERAL
1. GENERAL:
1.1 Drawings and General Provisions of the Contract, including
General and Supplementary Conditions and Division 1, apply to then
work of this Section.
1.2 The project site is located in the 800 block of Broadway and the
800 block of 13th Street.
1.2.1. The site includes the two buildings East Building (805
Broadway) and West Building (815 Broadway).
1.3 Before submitting a bid for this work, each Bidder is responsible
for having examined the site and is aware of existing conditions
under which he will operate and could in any manner affect the work
{ under this Contract. No allowance will be made subsequently in this
connection to Contractor for error or negligence on his part, or
r" slight discrepancies in Drawings.
i
1.4 Discrepancies between conditions at the site and requirements of
the Contract Documents shall be 'reported to the Engineer, in writing,
before any bids are opened. Engineer will issue necessary
instructions to Bidders.
2. ACM MATERIALS TO REMOVE:
2.1 Floor Tile: Provide for the removal of ACM floor tile in the
following buildings:
2.1.1. East Building: Chandlers Cafe 805 Broadway; Hubers Pawn
807-809 Broadway.
2.1.2. West Building: Texas Tool 817 Broadway; Bucey Pawn 815
Broadway.
2.2 Pipelagging: Provide for the removal of the ACM pipelagging from
the following buildings:
2.2.1. East Building; Second floor hotel.
2.3 Transite Panels: Provide for the removal of the ACM transite
panels, vent pipes, and wall board from the following buildings:
2.3.1. West Building; Texas Tool lobby work room walls, and heater
�., vent pipes.
I
2.3.2. East Building; Second floor hotel bath pipe chase covers,
and bath wall board.
r
01010-1
3. CONTAINMENTS:
3.1 Each store front and second floor hotel will require an individual
containment for abatement.
3.2 Provide containments as follows: Critical prep all openings into
each building with one layer of 4-6 mil poly. Provide double flap
entry to each area. Provide Hepa filtration device in . area to provide
4 air changes per hour.
4. DECONTAMINATION UNIT:
4.1 Establish a three stage decontamination unit, fully functional and
stocked. Unit may be located in one central location, or portable unit
movable to each work area.
4.2 All workers exiting work areas shall utilize decontamination unit.
4 REMOVAL METHODS:
4.1 Pipelagging: Contractor shall utilize glovebag removal method.
4.2 Floor Tile: Contractor shall use hand chippers or mechanical --
removal machine.
4.3 Transite Materials: Contractor shall remove with as little breakage
as possible.
4.4 All removal of ACM will be conducted in a containment with HEPA
filtration units.
5. WORKER PROTECTION:
5.1. All workers, during all phases of project will be required to
wear protective clothing, and respiratory protection.
5.2. Respiratory protection will be full face PAPR masks, worn
during all ACM removal.
5.2.1 Contractor will be require to document correct selection of
proper filters for protection of ACM. Contractor shall provide
for fit tests.
5.3. Workers will decontaminate through centrally located
decontamination unit.
6. WORK SCHEDULE:
6.1 Project Start Date: Work on this project will proceed as stated
in the contractors "Notice to Proceed" issued by the City of Lubbock.
6.2 Time Allowed for Completion: Completion time is to include all prep
work, removal of specified ACM, clean-up, and final clearance testing.
01010-2
6.2.1. Working days 10, (8-10 hour days, Monday through
Saturday.)
END SECTION - 1010
01010-3
SECTION 01040 - COORDINATION
PART 1 - GENERAL
1. CONSTRUCTION TIME:
1.1 The use of insufficient labor or equipment for construction
purposes or inadequate scheduling of materials or equipment to be
installed will not be allowed as cause for delay. Schedule labor,
materials, and equipment to site in quantities required for
uninterrupted progress of work and least obstruction of the premise.
Extention of time or extra cost will not be allowed for failure to
order on time and in sufficient quantities.
2. SITE COORDINATION:
2.1 Contractor shall corridnate move in and all final inspections in
writting to the Engineer before any work on project begins.
2.2 Contractor shall utilize alley entrances to buildings. Ample
parking is available for site. Contractor shall not block alley.
3. SUPERINTENDENT:
3.1 The Contractor shall provide a competent Superintendent who is
to be on the job any time work is being performed by any trade,
from the beginning of work until Final Acceptance. Superintendent
shall have the authority to act for the Contractor and shall
r coordinate the activities of the various trades, subcontractors, etc.
involved to complete the Project in accord with the Contract
Documents. Project Superintendent shall not be replaced without
Owner acceptance of such change.
5. CLEANING:
5.1 Contractor shall be responsible for leaving building clear of
contractor generated waste.
5.2. Contractor shall haul all waste generated from project to landfill.
5.3. Contractor shall broom sweep buildings walks.
END OF SECTION 01040
01040-1
SECTION 01060 - REGULATORY REQUIREMENTS
PART 1 - GENERAL
1. GENERAL:
1.1 This section defines the Contractor's requirements for complying
with applicable Federal, State and Local regulations.
1.2 The Contractor shall be responsible for complying with all
regulations. It shall be the Contractor's responsibility to comply with
latest released regulations, and hold harmless the Owner, Engineer,
and/or Owner's regulations for Contractor's failure to comply with
any/all regulations.
1.2.1 Nothing in the plans or specifications are intended to deviate
from any Federal, State or Local regulations. Any deviation shall
be noted and reported to Engineer.
2. COMPLIANCE WITH ORDINANCES AND PUBLIC SAFETY:
2.1 Permits and Notices: Contractor shall secure and pay for all
necessary permits (USEPA and TDH) and comply with all ordinances
and regulations pertaining to the work.
2.1.1 NOTE: Contractor may need to give second notice to
regulatory agencies if original dates are not met.
2.2 Temporary Facilities: Provide and maintain temporary
decontamination units, equipment storage and waste storage in an
effective and clean manner in accordance with Federal, State and
Local regulations.
2.3 Barricades: Marker tape, hazard posting signs, walkways, fences,
and other structures required by Federal and State Regulations and
Local ordinances and in a manner that will not interfere with traffic
and public streets. Leave access to fire hydrants and protect public
and adjacent property at all times. Post proper signs at all entrances
and comply with all other safety precautions including applicable
provisions of the National Occupational Health and Safety Act (NOSHA)
1970. Contractor will be held liable for damage to property or
persons.
2.4 Required Notifications: Contractor shall perform all required
notifications within necessary time limits. Maintain copy of all
notifications on -site at all times.
3. REFERENCED STANDARDS:
3.1 General: Contractor shall comply with all reference documents.
Regulations and standards shall be accepted into specifications by
reference, and shall be enforced as such.
01060-1
3.2 American National Standards Institute (ANSI) Publications:
3.2.1 Z9.2-79 Fundamentals Governing the Design and Operation of
Local Exhaust Systems.
3.3 American Society for Testing and Materials (ASTM) Publications:
3.3.1 E-849-82 Safety and Health Requirements Relating to
Occupational Exposure to Asbestos.
3.4 Code of Federal Regulations (CFR):
3.4.1 29-CFR-1910.134: OSHA Respirator Requirements.
3.4.2 29-CFR-1926.58: Safety and Health Regulations for
Construction; Asbestos, Tremolite, anthophyllite, and actinolite.
3.4.3 34-CFR-231, Appendix C: Procedures for. Containing and
Removing Building Materials Containing asbestos.
3.4.4 40-CFR-61: National Emission Standards; Subpart A; General
and Subpart M, National Emission Standards for Asbestos.
3.4.5 40-CFR-260-265: Various EPA regulations implementing RCRA
(Resource Conservation and Recovery Act).
3.4.6 40-CFR-763 and Appendices: AHERA
3.5 TDH Rules:
3.5.1 25 TAC 295.31 and 295.70, "Texas Asbestos Health Protection
Rules.
END OF SECTION 01060
01060-2
7
SECTION 01100 - SPECIAL PROJECT PROCEDURES
1. SITE AVAILABILITY:
1.1 Contractor shall coordinate with Engineer to determine the
available areas for parking, materials storage, etc. All construction
support activities must be confined to this area.
1.2 The construction site will be available for construction operations
�+ as stipulated by the City of Lubbock purchasing agent. The exact
time to be established in the owners "Notice to Proceed", and at the
Preconstruction Conference.
2. ACCESS TO SECOND FLOOR HOTEL:
2.1 Contractor is alerted to a special site condition in the absents of
avaliable access to the second floor of the East building.
2.2 Contractor shall erect scaffolding to allow access to rear entry of
second floor hotel, scaffolding shall remain in place for duration of
1 removal and clearance testing for the second floor ACM removal. See
1 Section 1500 for details.
2.2.1 Contractor shall erect scaffolding in accordance with
applicable safety regulations.
3. SITE UTILITY SERVICE:
3.1 Contractor is alerted to special site condition of the lack of
utilities to site.
3.2 Contractor shall bear all cost involved with reconection of
services, and having licensed electrition install construction base for
electrical service. See Section 1500 for details.
4. DEBRIS REMAINING IN BUILDINGS:
4.1 Contractor shall remove debis from immediate work area.
4.2 Contractor shall move debris to adjacent area of building, or
where necessary contractor shall remove from building.
5. SITE SECURITY:
f
5.1 Contractos
shall provide
adequate warning signs to warn
building
occupants of
approching
dangers of
construction and
asbestos
hazards. Post
initial barrier
tape stating
"CONSTRUCTION AREA, KEEP
i•
OUT" which
will be breeched
before
reaching_ asbestos
specific
warning signs.
Post barrier
at locations to addequately warn
building
occupants and
provide a secured area for
workers
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5.2 Contractor shall erect barrier tape on store front side of
buildings four feet from entry for entire length of building.
5.3 Contractor shall secure scaffolding with chains and locks, blocked
for duration of project.
6. COMPLETION DATE:
6.1 'It is the responsibility of the Contractor to meet the date
specified on the Bid Form. Failure to meet the scheduled date may
activate the Liquidated Damages provisions of the Agreement, and
such damages shall continue until substantial completion of the
project is achieved.
6.2 Demolition of buildings are scheduled at the completion of the
abatement.
7. TRAFFIC CONGESTION:
7.1 The Contractor is alerted to possible heavy vehicular and
pedestrian traffic congestion in the vicinity of the project during
certain times of the day. Delays and costs associated with this
congestion shall be included in the Contractor's Bid.
7.2 Contractor must take every precaution to protect individuals in
the vicinity of the project.
8. OWNER OCCUPANCY:
8.1 The owner reserves the right to occupy space or install
equipment as necessary to conduct other non asbestos related
construction, repair or remodel work, either by Owner or other
trades, in areas of the building in which all asbestos abatement work
and decontamination procedures have been completed and passes by the contractor. Such occupancy by the owner shall not constitute
substantially interfer with the contractor performance of the
contract. Such placing of equipment or occupancy by other trade or
owners personnel shall not constitute acceptance of the work, or
any part of the work.
END OF SECTION 01100
7
sr
SECTION 01200 PROJECT MEETINGS
1. PRE -BID•
1.1. Contractors who will be submitting bids are recommended
to
attend the PRE - BID walk through. Contractors
will
be need to
estimate actual square and liner footages of all
ACM
defined for
r••
removal. Contractor is requested to inspect
site
and special
conditions of project.
1.2. The Engineer will conduct a Pre -Bid walk through
following the
r
f
pre bid meeting.
1.3. Contractor's are requested to meet at the date
and
time specified
r
in the Instruction to Bidders Section.
2: PRE -CONSTRUCTION:
2.1. Contractor will be require to complete all Notices and submittals
before any work may begin. Contractor shall upon receiving his
"Notice to Proceed", schedule a meeting to review materials.
2.2. Contractor shall submit all submittal information to Engineer 5
days before project start date.
3. PROJECT CLOSEOUT:
e 3.1. Contractor shall schedule for Engineer's final clearance testing.
Contractor shall give a notice to the Engineer of the exact time.
3.2. Contractor shall schedule for Engineer's final inspection of
project.
END OF SECTION 01200
r
t 01200 - 1
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SECTION 01300 - SUBMITTALS
PART 1- GENERAL
I
1. GENERAL:
1.1 All submittals shall be made directly to the Architect/Engineer by the Contractor.
Adequate time shall be allowed in the submission schedule for transmittal time; in
special circumstances, special handling procedures may be used. Exact number of
copies of various submittals, etc., will be established at the Pre -Construction
Conference between the Owner, the Architect/Engineer and the Contractor.
1.1.1. Submittals shall be prepare in booklets expectable to Owner and Engineer.
1.2 Field Measurements: Before ordering any
material or doing any work, the
Contractor shall verify all
measurements
on the
project and shall be responsible for
same. No extra charge or
compensation
will be
allowed due to differences between
actual dimensions and the
measurements
indicated on the Drawings; any difference
which may be found shall
be submitted
to the
Architect/Engineer for consideration
before proceeding with the
work.
1.3 Contractor shall review, stamp with his approval, sign, and submit, with
�- reasonable promptness all submittal data required by Contract Documents or
s subsequently by Architect/Engineer. By approving and submitting submittal data,
` Contractor thereby represents that each submitted item meets all Contract
requirements. Submittals without stamps and signatures indicating the above will be
returned without action by the Architect/Engineer.
k
2. SUBMITTALS INCLUDED WITH BID:
2.1 General: Submit ' all the following information with bid:
2.1.2. The contractor shall furnish "Patent -Infringement Certificate". (See page
01300-4)
2.1.3. Contractors shall submit listing of any citations, violations, fines accessed
or pending formal hearing or review by any federal state or local agency.
01300 - 1
3. SUBMITTALS AFTER NOTICE TO PROCEED:
3.1 The Bidder shall, within one week after notification of the Owner's intent to
proceed with award of the Contract, submit in duplicate:
3.1.1. Performance and Payment Bonds.
3.1.3. The list of major subcontractors on AIA Document G805.
3.1.4. Certificate of Insurance, AIA Document G705, in 'accordance with the
requirements of the General Conditions.
3.1.5. Copy of Notification Letter of Asbestos Removal filed with the regional office
of the Texas Air Control Board.
3.1.6. Copy of Notification Letter of Asbestos Removal filed with the Texas
Department of Health.
3.1.7. Superintendent and Foreman Data: Name of and experience record of
superintendent and foreman. Include evidence of knowledge of applicable
regulations; evidence of participation and successful completion of EPA/AHERA
approved training course in asbestos removal and/or supervision of asbestos
related work; and experience with asbestos related work in a supervisory position
as evidenced through supervision of at least five asbestos abatement contracts.
Submit:
3.1.7.1 Supervisor Training certificates
3.1.7.2 Licenses
3.1.7.3 Experience Record
3.1.8. Workman Data: Name and experience record of workmen who will be assigned
to this project. Include for each Person the location of last two abatement
projects.
3.1.8.1 List of Men assigned to project
3.1.8.2 Worker Training certificates
3.1.8.3 Licenses
3.1.8.5 Medical Examinations
3.1.8.6 "Certificate of Worker's Acknowledgement" (See page 01300-5)
3.1.9. Respiratory Program: Copy of contractors Company Respiratory Protection
Program, and name of person on site who will be responsible for the enforcement
of same. Submit:
3.1.9.1 Employee "fit -test" records for assigned respirators.
3.1.10 Laboratory data for lab reading "personnel" samples: The Contractor shall
submit name, address and telephone number of the laboratory and evidence of
their special qualifications for airmonitoring, sampling and analysis type of work
( submit 3 copies of this information).
01300 - 2
3.1.11 Proposed Work Schedule: Contractor shall submit proposed work schedule.
3.1.12. Plan of action: Submit a detailed plan of any changes request in
specifications. No changes to specification will be allowed unless prior approval is
made.
3.1.13 Submit Contractor's site emergency plan to include local emergency phone
numbers and planned emergency facility to be utilized.
3.1.14. Certificates of Compliance: Certify that vacuums, ventilation equipment, and
other equipment required to contain airborne asbestos fibers conform to ANSI
z9.2.
3.1.15. Sample forms: Submit sample of forms which will be used in the course of
the project, including as a minimum the following:
Record of Project meetings
Visitation log
Worker log
Record of Air monitoring results
Record of Supervisors daily site inspections
Record of daily activities
01300 - 3
CITY OF LUBBOCK BUILDING DEMOLITION LUBBOCK, TEXAS
PROJECT NAME
PROJECT ADDRESS
CONTRACTOR'S NAME
CERTIFICATE OF WORKER'S ACKNOWLEDGEMENT
DATE
OSHA IS AWARE OF NO INSTANCE IN WHICH EXPOSURE TO A TOXIC SUBSTANCE HAS
BEEN MORE CLEARLY DEMONSTRATED DETRIMENTAL HEALTH EFFECTS ON HUMANS THAN
HAS ASBESTOS EXPOSURE. THE DISEASES 'CAUSED BY ASBESTOS EXPOSURE ARE LIFE
THREATENING AND DISABLING. OF ALL THE DISEASES CAUSED BY ASBESTOS, LUNG
CANCER CONSTITUTES THE GREATEST HEALTH RISK FOR THE AMERICAN ASBESTOS
WORKER. ASBESTOS EXPOSURE ACTS SYNERGISTICALLY WITH CIGARETTE SMOKING TO
MULTIPLY THE RISK OF DEVELOPING LUNG CANCER.
Your employer's contract with the owner for the above project requires that: (1.)
You have been supplied with, and fit -tested with, the proper respirator(s) for
the task of asbestos removal. (2.) You have been trained in safe work practices
and in the use of equipment furnished for this project. (3.) You received a
medical examination before employment. (4.) You are currently licensed by the
State of Texas, for the performance of your job, and have in your possession
such proof. By signing this certificate you personally are assuring the owner
that your employer has met these requirements to you.
PHYSICAL EXAMINATION: I have had a medical examination in the past 12 months. This
examination included: health history, pulmonary function test, and recommendation by
the physician.
RESPIRATORY PROTECTION: I have been trained in the proper use of respirators which
shall be used on the above mentioned project. I have a copy of my employer's written
respirator protection program at my disposal, and will adhere to this program for the
duration of this project.
TRAINING COURSE: I have been trained in the dangers of breathing dust, handling
asbestos, and the proper procedure for ensuring my personal safety and the safety of
the area(s) of this project. The topics of my training include:
1. Physical characteristics of asbestos.
2. Health hazards associated with asbestos.
3. Respirator protection.
4. Worker training either hands on/on job training.
5. Personal decontamination process.
6. Air monitoring, personal and area process.
Print name:
Signature:
Soc.Sec.* Date
01300 - 4
E
s,
4
ASBESTOS ABATEMENT FOR THE CITY OF LUBBOCK
LUBBOCK, TEXAS
(CONTRACTOR NAME) at its
own expense shall hold harmless from any action brought against the
CITY OF LUBBOCK and the specified ARCHITECT\ENGINEER firms
employees and/or associates of the specified project, or any of their
subsidiaries in the extent that it is based on a claim that the equipment
supplied or used by selected contractor, or the operation of such
equipment infringes a United States patent, copyright, or other legal
claim, and the contractor will pay those cost and damages finally
awarded against the, CITY OF LUBBOCK and the specified
ARCHITECT\ENGINEER firms employees and/or associates of the specified
project, or any of their subsidiaries by claim, but such defense and
payments are conditioned on the following.
That the contractor shall be notified promptly in writing by the CITY OF
LUBBOCK of any such claims.
That the contractor shall have the sole control of the defense of any
action on such claims and all negotiations for its settlement or
compromise.
Should the equipment or the operation there of, become, or in the
contractor opinion be likely to become, the subject of any claim of
infringement of a United States patent, copyright or other legal claim, to
procure the right to continue using the equipment, to replace or modify
the same so that it becomes NON -INFRINGING.
2. ACKNOWLEDGEMENT
2.1. The contractor must sign that he agrees to the above clause. Please
make this addition to the contract for the asbestos abatement project
for the CITY OF LUBBOCK.
Contractor Name
Address
Authorized Representative Title
Date
Signature
r
END OF SECTION 01300
01300-6
r
SECTION 1500 - CONSTRUCTION FACILITIES
1. GENERAL•
I.I. The owner of the facility extends the use of his facility to the
contractor in the good faith
the contractor will
use care
and all
precaution to prevent damage
to the facility.
1.2. The contractor is reminded of the possible
presents
of other
asbestos containing materials
outside the scope of
the contract. The
contractor shall remain solely
responsible for the
safety of
workers
_ and sub -contractors, and shall take all precautions
for their
safety.
1.3. The contractor shall upon discovery of suspect ACM materials
take what actions are necessary for protection of the work place and
�- all personnel of the project, until the determination can be made as
how next to proceed.
1.3.1. The contractor shall report to the Engineer all such findings
promptly. The Engineer will determine the proper course of
actions (ie sampling, testing, etc) and advise the owner and
contractor of any changes to be made.
1.3.2.IN NO EVENT SHALL THE CONTRACTOR DISCUSS SUCH
MATERIALS WITH ANY PARTIES OTHER THAN THE ENGINEER.
2. USE OF EXISTING FACILITIES:
2.1. Utility service: Contractor shall furnish all services to site.
Electrical service and water service has been disconnected from
building.
2.1.1. Contractor shall have a licensed electrician install and test
meter and construction base.
2.1.2. Contractor shall bear all cost associated with construction
activities.
2.2. Electrical: Contractor shall have a construction meter installed at
site. Comply with all applicable standards including but not limited to
NEMA, NECA, and all UL Standards for materials and electrical
services.
2.2.1. Temporary power: The contractor shall provide service
temporary panels with proper sized current protection device.
Ensure all electrical work complies with NEC (National Electrical
r Code).
2.2.2. Ground fault: The contractor shall provide receptacle outlets
�. with ground fault interrupters, RESET BUTTON and lights for
connection to power equipment.
01500 - 1
2.2.3. Electrical cords: The contractor shall provide electrical cords
with of good quality and UL approved. Use single length of cord
run overhead, if addition length of cord is necessary provide
water tight connections. In work areas leave cords exposed to
allow for visual inspection.
` 2.2.4. Lights and ' Lighting: Where and when required the
contractor shall provide for safe working conditions. Provide
general service incandescent lamps. provide weather covers for
exposure to water and breakage, with proper candle power for
lighting.
2.2.5. Temporary wiring: Comply with NEC. For power tools and
lighting provide J-boxes with four gang outlet, provide a separate
circuit breaker for each four gang out let.
2.3.Utility Service; Water: Get require water at the closest source.
Connect to approve existing water outlets. The contractor shall at
completion of project disconnect service.
v
2.3.1. Water hoses: Provide heavy duty hoses with a pressure
rating greater than that of the source. Provide connections at
source and at decon unit with leak tight connections.
2.3.2. Hot water heater: The contractor shall provide an approved
UL heater for the decon unit, and comply with NEMA, NECA, and
UL standards for connections to power source.
2.4. Toilets owner provided: Contractor shall utilize the toilets at the
nearest location to work areas.
2.4.1. Toilets shall be used by workers whom have been
decontaminated and are in street clothing.
3. TEMPORARY FIRE PROTECTION:
3.1. Contractor shall provide for and pay for all cost associated with
fire protection on this project.
3.2. Fire extinguishers: Provide types, sizes, number, and locations as
would be reasonably effective for extinguishing fire in early stages
by personnel on site. Provide type A extinguisher at areas with low
potential for electrical or grease fires. Provide ABC dry chemical
extinguisher at other locations; comply with recommendations of NFPA
No. 10. Post warning signs and quick instructions for use at each
extinguisher location, instruct workers on proper use and locations
before beginning project.
3.3. Emergency numbers: Contractor shall post phone number of local
fire department at most visible location before work has begun.
01500 - 2
4. SCAFFOLDING AND LADDERS:
4.1. Contractor shall provide for scaffolding and ladders as necessary
for the performance of his trade. All such shall be erected, installed
to afford safety and protection to workers and work areas.
r., Scaffolding and ladders shall comply with OSHA and other standards.
F
Equip rungs and surfaces with non-skid surfaces, and provide base
footings with protection to eliminate damage to poly surfaces, flooring
or covered surfaces.
4.2. Contractor shall erect scaffolding at the east building to allow
access to the second floor of the hotel. Secured for the duration of
the work in the hotel area.
4.3. Installation of all equipment shall be subject to Owner and
Engineers approval.
5. REMOVAL OF TEMPORARY EQUIPMENT:
5.1. When temporary equipment is no longer required the contractor
shall completely remove equipment from job site, and repair\ replace
any materials, equipment or surfaces damaged in the installation or
removal.
6. SIGNS:
6.1. No contractor advertisement or signs will be allowed on project
site.
7. ACCESS TO SITE AND PROTECTION:
7.1. The contractor shall confine all activities to the areas assigned
to him in the project pre -construction meeting.
7.2. The contractor shall provide for storage of equipment in a
manner with will not impair safety, or impair traffic flow in work
areas.
8. CLEANING:
8.1. The contractor shall be responsible for the prompt removal and
disposal of all debris and trash generated during the project. All
scrap lumber, boxes, poly and trash shall be removed from the
building at the end of each shift.
8.2. In the event the Owner\Engineer is fined for the illegal
discharge\disposal or lack of action by contractor of generated waste
materials, the Owner may withhold from the contractor final pay
request an amount equal to triple the amount of fine(s).
END OF SECTION 01500
r
01500 - 3
SECTION 01600 - MATERIAL AND EQUIPMENT
1. GENERAL:
1.1 Materials and Workmanship: Unless otherwise specified, all
materials shall be new, of the best grade and kind specified.
OM Workmanship shall be of the best recognized standards known to the
various trades.
1.2 Transportation and Handling: Methods of crating, transportation,
and handling of materials and equipment, on or off the site, shall
be
in accordance will Federal, State and Local
regulations.
r-
1.3 Storage and Protection: Protect work,
materials, equipment as
to
provide for building occupants protection,
and not impair traffic
to
work area.
2. SPECIAL CONDITIONS:
2.1 Lack Of Second Floor Access: Contractor
shall erect scaffolding
to
r"
allow access to the second floor.
PM
2.2 Erect scaffolding at alley entrance, or east entry door.
2.2.1 Erect scaffolding in accordance with OSHA regulations, secure
and stable. Erect scaffolding with capacity to support weight of
manpower and equipment utilized at site.
END OF SECTION 01600
01600-1
SECTION 01700 - PROJECT CLOSEOUT
1. COMPLETION OF CONTRACT:
1.1 The Contract will be considered fulfilled with the exception of any
maintenance stipulations, bond, or by law, when all work is complete,
final inspection has been made, final acceptance and final payment by
the Owner.
2. USE BEFORE COMPLETION:
2.1 Sections or portions of the work considered by the Owner to be
in suitable condition may be put to use. Usage of any portion of the
work will not be considered as acceptance of the Work by Owner.
Contractor shall repair or remove any portion of the work that is
defective due to materials or workmanship at his expense.
3. SUBSTANTIAL COMPLETION:
3.1 Contractor shall notify Architect/Engineer in advance of
requested inspection date. Before requesting Architect/Engineer's
inspection for certification of Substantial Completion for all or
portions of the work, the Contractor shall accomplish the following:
3.1.1 Complete the removal of all asbestos -containing materials.
3.1.2 Complete the removal of all containment materials.
3.1.3 Deliver all ACM materials to appropriate dump site, and
return waste manifest to Engineer.
3.1.4 Discontinue and remove from site temporary facilities and
services, construction tools, and similar elements.
3.1.5 Prepare (and submit with request for inspection) Progress
Payment request showing 100% completion.
3.1.6 Payment will be in a lump sum amount. Request for partial
payments will not be allowed.
3.2 Inspection Procedures: Upon receipt of Contractor's request,
Architect/Engineer will either proceed with inspection or advise
Contractor of prerequisites not fulfilled. Following initial inspection
by Owner, Architect/Engineer, and Contractor, architect/Engineer will
either prepare Certificate of Substantial Completion, or advise
Contractor of Work which must be completed before certificate can be
issued. Repeat inspections shall be conducted when requested to
verify that work has been substantially completed. Results of
completed inspection will form initial "Deficiency List" for Final
Inspection.
r
01700-1
4. FINAL INSPECTION:
4.1 Before requesting Architect/Engineer's final inspection for
certification of Final Acceptance and Payment, as required by General
Conditions, Contractor shall complete the following and list any know
exceptions in request:
4.2 Submit Final Payment Request with final releases and supporting
documentation not previously submitted and accepted. .Include
certificates of Insurance for products and completed operations where
required.
4.3 Submit updated final statement, accounting for any changes to
Contract Amount.
4.4 Submit copy of Architect/Engineer's final deficiency list of
itemized work to be completed or corrected, stating that each item
has been completed or corrected for. acceptance.
4.5 Submit warranties, workmanship/maintenance bonds, maintenance
agreements, final certifications and other similar documents.
4.6 Submit completed project manual complete with original copy of
executed waste disposal manifest, 2 copies of project manual are
required for payment.
4.7 Revise and submit evidence of . final, continuing insurance
coverage complying with insurance requirements.
5. REINSPECTION PROCEDURE:
5.1 Upon receipt of Contractor's notice that work has been completed
including "deficiency list" items resulting from earlier inspections, _
Architect/Engineer and representatives of the Owner and Contractor
will reinspect the work. Upon completion of reinspection,
Architect/Engineer will either prepare certificate of final acceptance
or advise Contractor of work not completed as required for final
acceptance. Also at this time, the Owner may elect to advise the
Contractor, in writing, that conditional acceptance has been made.
Conditional acceptance shall .relieve the Contractor of responsibility
for maintenance, security and insurance on the work. Contractor will
still be responsible for performing all the work of the Contract
including correction of all deficiencies noted at the time of
conditional acceptance. The Owner shall be entitled to retain from the —
Contractor's payment an amount commensurate with the work
remaining to be accomplished.
6. CLOSE-OUT PROJECT MANUAL:
6.1 Contractor shall submit two (2) copies of project manual. Submit
to Engineer for approval. Submit with Contractor's Pay Request.
6.2 Presentation of Data: Where possible data shall be presented on 8
1\2 X 11 sheets. Light sensitive production technique is acceptable.
01700-2
7
6.3 Sub Divisions of Data: Project manual shall have data divided into
sections. The sections shall correspond to the paragraph titles below.
6.3.1 Section 1: Submital information supplied with Bid.
a) Include copy of all information supplied with bid.
6.3.2 Section 2: Submit information supplied after Notice to
Proceed.
a) Include copy of data supplied after notice to proceed issued
by owner.
6.3.3 Section 3: Notifications and Waste Manifest
a) Provide notification to regulatory agencys, Contractors
license, executed waste manifest, and contractors final
acceptance.
6.3.4 Section 4: Daily work log.
a) Provide record of daily activities to include: personal
protective equipment used, record of containment differential
pressure, record of daily personnel monitoring.
6.3.5 Section 5: Contractor pay request.
a) Provide completed pay request on AIA document.
7. GUARANTEES, BONDS AND AFFIDAVITS:
7.1 Deliver to Architect/Engineer, in duplicate: written guarantees,
reports, certificates of inspections, and bonds, as required in the
Contract Documents.
7.2 Deliver to Architect\Engineer, Contractor's Affidavit of Release of
Liens and Payments of Debts and Claims, including all
SubContractors, vendors, labor, materials and services, executed by
an authorized officer and duly notarized.
7.3 Contractor shall and does warrant all work performed by him
directly and for which guarantees are required in all sections of this
Specification.
7.4 Contractor shall and does warrant and/or guarantee all work for
a period of one year from date of completion as evidents by Final
Acceptance of this work. This provision shall not be considered as
conflicting with stated guarantees of longer periods. The guarantees
imply and require that faulty materials, workmanship or errors be
promptly corrected by Contractor without cost to the Owner.
01700-3
8. FINAL PAYMENT:
8.1 Submit final Application for Payment in accordance with the terms
of the Agreement, indicating adjustment of accounts from original
contract amount including:
8.1.1 Additions and deductions resulting from change orders.
8.1.2 Adjustments to cash allowances, if any, with full supporting
data.
8.1.3 Deductions for uncorrected work and for liquidated damages,
if any.
8.2 Submit Consent of Surety to Final Payment, AIA Document G707.
END OF SECTION 01700
01700-4
r
SECTION 02020 - ASBESTOS ABATEMENT PROCEDURES
PART 1- GENERAL
1. DESCRIPTION OF WORM-
1.1. General: This section includes all work necessary to reduce air
r., concentrations of asbestos to the specified level and maintain the
specified asbestos control limits during the life of the contract.
1.2. Site: Contractor shall provide for the removal of the specified
asbestos containing materials for two separate buildings in the 800
block of Broadway Lubbock, Texas.
1.2.1 East building and West Building See drawing Section 00850
for details.
PM 1.3. Materials to Remove: Contractor shall provide for the removal of
ACM floor tile, ACM Transite materials, ACM "aircell" pipe lagging,
ACM transite chase covers as follows:
1.3.1 East Building first floor Floor tile.
Chandlers Cafe 805 Broadway
Hubers Pawn - 807 Broadway
1.3.2 East Building second floor - aircell pipe lagging, transite
r chase panels, bathroom walls.
Abandon hotel 801 Broadway
1.3.3 West Building first floor - floor tile.
Bucey Pawn - 815 Broadway
Texas Tool - 817 Broadway
1.3.4 West Building second floor - floor tile
Law office stairwell landing - 817 1/2 Broadway
1.3.5 West Building first floor - transite materials
Texas Tool - 817 Broadway (heater vents 2), Wall board 1
room)
1.4. It is the Contractor's responsibility to visit both sites to
determine the actual Scope Of Work.
1.4.1 It is the contractor's responsibility to determine the actual
footages of specified materials, and degree of difficulty involved
with work.
1.5. It is the Asbestos Abatement Contractor's responsibility to leave
the area indicated in paragraph "Work Area," free of specified ACM
{
materials, and air -borne fiber counts below specified levels.
02020-1
7
1.6. Related Work: The Contractor shall perform all personnel
monitoring for complying with applicable OSHA standards for
establishing workers Time Weighted Averages for asbestos exposure.
See Section 02030.
2. SEQUENCING/SCHEDULING:
2.1. Total Project Schedule: The total project involves construction,
demolition, abatement, disposal, etc. of a number of areas. The
general project sequence is as follows:
2.2. Project Start Date: Work on this project will proceed as stated
in the contractors "Notice to Proceed" issued by the City of Lubbock.
2.3. Time Allowed for Completion: All prep work, removal of specified
ACM, clean-up, and final clearance testing shallbe completed in ten
(10) working days.
2.3.1 Working Day: 7:00 am to 6:00 PM 8-10 hour maximum.
3. NOTIFICATIONS:
3.1. Contractor shall "complete all required NESHAP, and TDH Notices
10 day in advance of start date, as required by regulations.
3.2. Contractor shall give written notification to Engineer 5 day in
advance of start date.
3.3. Contractor shall be responsible for beginning project on dates
specified in regulatory notifications.
4. QUALITY ASSURANCE:
4.1. Contractor Qualifications: The Asbestos Abatement Contractor
shall be a firm of established reputation (or if newly organized,
whose personnel have previously established a reputation in the same
field), which is regularly engaged in, and which maintains a regular
force of workers skilled in asbestos abatement, and shall have
performed this work on previous projects for a period of not less
than three (3) years. See "Submittals" paragraph for information
which must be submitted and approved.
4.1.1 Contractor, contractors supervisor, and all employees shall be
licensed by the state. All shall have current medical requirements
of OSHA regulations. Contractors employees shall sign and return
statements of fact.
4.1.2 Contractor shall have on site at all times employees are on
site, one licensed contractor supervisor. Supervisor shall have
authority to act as contractors competent person on project.
4.2. Site Inspection: While performing asbestos abatement work, the
Contractor shall be subject to on -site inspection by OSHA, EPA,
Owner's Representative, etc. If found to be in violation of 29 CFR
02020-2
r
1926.58, the Contractor shall cease all work immediately and remain so
until the violation is corrected. Standby time required to resolve the
violation shall be at the Contractor's expense.
t 5. FIELD QUALITY CONTROL
5.1. Monitoring: Monitoring of airborne concentrations of asbestos
shall be in accordance with 29 CFR 1926.58 and defined company
policy. Monitor the airborne concentration of asbestos before starting
r work daily to obtain a STEL fiber concentration in the affected areas.
Then monitor workers continuously during the course of the work
inside the asbestos work area,
5.2. If monitoring shows asbestos concentrations greater than the
asbestos control limits, stop all work, correct the conditions causing
the excessive levels, and notify the Engineer immediately.
5.3. Site Inspection: While performing asbestos abatement work, the
Contractor shall be subject to on -site inspection by OSHA, EPA,
Owner's Representative, etc. If found to be in violation of 29 CFR
1926.58, the Contractor shall cease all work immediately and remain so
until the violation is corrected. Standby time required to resolve the
violation shall be at the Contractor's expense.
5.3.1 The contractor shall furnish for regulator inspectors one
complete set of equipment (such as respirators and disposable
clothing) required for entry into the asbestos control area.
5.3.2 Contractor shall provide through out the project a complete
set of equipment (respirator and disposable clothing) for the
Owner's air monitoring/inspector.
6. GENERAL PREPARATION:
6.1. Isolate each work area for the duration of the work by
completely sealing off all openings in the work area. Cover with
plastic sheeting taped securely in place.
6.2. Establish decontamination unit with clean room, shower area, and
change room. Provide double flap entry -ways between each area.
Connect to containment area to provide air tight seal.
6.2.1 Contractor may erect one decon unit in a centrally located
area.
6.3. Provide for and mark emergency exit. Instruct workers on
emergency procedures.
j 6.4. Before the work is begun clear all removable items and
equipment. Remove them from the work area and store as directed, or
roll dispose of materials.
r- 02020-3
6.5. Post warning signs and labels as required by AHERA and 29 CFR
1926.58, ASTM E 849, and as directed by the Owner or Engineer.
Provide barrier tape 50 feet from any entrance.
6.6. Containments: See Section 02070 for details.
7. GENERAL ABATEMENT PROCEDURES:
7.1. General Procedures: Perform all asbestos related work and comply
with 29 CFR 1926.58 and 29 CFR 1910.20, 40 CFR 763 (AHERA), etc. Use
general work practices as specified in 34 CFR Part 231, Appendix C,
ASTM E 849, and other appropriate work procedures approved by
Environmental Protective Agency (EPA).
7.1.1 All ACM removal will be conducted inside a negative pressure
enclosure.
7.1.2 All personnel entering work area are required to wear
protective clothing and respiratory protection. All workers shall
utilize decontamination chamber before exiting work area.
7.2. Asbestos Control Limits During Abatement:
7.2.1 Inside Asbestos Work Area: Air concentrations of asbestos
(Permissible Exposure Limits, le PEL's) shall not exceed an 8-hour
time weighted average of 0.2 fibers (longer than 5 microns), per
cubic centimeter of air.
7.2.2 Outside Asbestos Work Area: Air concentrations of asbestos
shall be maintained at 8-hour time weighted average below 0.01
fiber (longer than 5 microns) per cubic centimeter of air. This
applies to all areas in the building except for the asbestos work
area while work is in progress, and after final clean-up and
clearance.
7.2.2.1 In cases where the "outside work area" levels are not
0.01 fibers per cubic centimeter, the "baseline" levels of those
areas shall become the new control limits for "during" and
"final clearance" levels. The contractor must make sure that
the final clearance air concentration levels shall not exceed the
outside work area "baseline" levels.
7.3. Coordination of Work of All Trades: Coordinate the work of all _
trades to assure that their work is performed in accordance with the
applicable regulations and that the asbestos control limits are
maintained at all times inside and outside the asbestos work area.
7.4. Perform complete cleanup of work space prior to beginning
abatement.
t 7.5. Wipe Down Prior to Clearance Sampling: Once all ACM has been
removed completely wipe down the entire work area. At the end of
this wipe -down take clearance samples. See section "Clean -Up and
Disposal" for details of final cleanup. -
02020-4
7.6. Notify Upon Completion of Removal: Notify air monitoring
personnel that gross removal is completed and have the work
assessed. Seal and protect each area as work is completed.
7.6:1 NOTE: IT REMAINS SOLELY THE CONTRACTOR'S
RESPONSIBILITY TO REMOVE ALL SPECIFIED ASBESTOS CONTAINING
MATERIALS. THE ASSESSMENT BY THE ENGINEER'S/OWNER'S AIR
MONITORING PERSONNEL IS PERFORMED TO HELP EXPEDITE THE
WORK, BUT IN NO WAY TRANSFERS THE RESPONSIBILITY FOR
DISCOVERING ALL ASBESTOS TO THE OWNER/ENGINEER'S
REPRESENTATIVE. In the event some ACM is discovered subsequent
to the above -mentioned assessment, it shall be removed at the
Contractor's expense
8. CLEAN UP AND DISPOSAL:
8.1. Provide for cleaning of work are and disposal of containment
materials and bagged ACM materials as described in Section 02090.
8.2. Provide disposal bags with proper labeling as required by
NESHAP regulation.
9. PROJECT CLOSE OUT AND FINAL PAYMENT:
9.1. Provide project close out as described in Section 01700. The
Owner and Engineer will perform final inspection of work.
9.2. Contractor shall provide for the disposal of ACM waste, and
provide two copies of the project manual for approval of pay
request.
9.3. Contractor's payment shall be a lump sum amount, payable after
r completing project close out requirements. Project close out and
payment request shall be approved by Engineer, and submitted to
owner for payment.
END OF SECTION 02020
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02020-5
SECTION 02030 AIR MONITORING AND LABORATORY SERVICES
PART 1. GENERAL:
1. RELATED DOCUMENTS:
1.1. General provisions of contract, General Conditions, Supplemental
Conditions, Special Conditions, 'Drawings and sections of Division 00
apply to the work of this section.
2. DESCRIPTION OF WORK:'
2.1. This section describes the air -monitoring services to be
conducted by the air monitoring firm and the manner in which the
Contractor shall coordinate/facilitate these air monitoring services.
These services are being provided to verify for the owner that the
work is performed in compliance with the contract documents.
2.2. Monitoring is performed for both the outside environment and
also the work area to record environmental conditions during
abatement and to ensure that the building remains uncontaminated.
2.3. This section also sets the environmental conditions both inside
and outside the containment which are to be maintained during
project.
2.4. Base Bid: Under Base Bid this air -monitoring shall be provided
by a firm selected, and employed by the owner.
2.5. This section also describes the actions to be taken by the
Contractor and by the air monitoring firm when environmental
conditions are breached during abatement project.
3. EXTENT OF OWNER -PROVIDED AIR MONITORING:
3.1. The air monitoring firm will not be providing air monitoring for
the contractors required monitoring\reporting of workers for
establishing Time Weighted Averages (i.e. will NOT be providing
"personal" sampling).
3.1.1. The Owner or air monitoring firm will not be responsible for
contractor's air monitoring of. personnel for the; purpose of
(" upgrading respiratory protection equipment
3.1.2. Contractor shall furnish all required air monitoring for the
,. safety of his employees, and shall hold Owner\ Air monitoring firm
harmless for failure on the contractor's part to meet these
' regulations.
3.1.3. Documentation of Contractor's "personnel" monitoring will be
kept as the job site in the contractors log book.
02030-1
4. AIR MONITORING:
4.1. The Contractor shall coordinate with all air monitoring activities
and shall support these activities in whatever way necessary.
4.2. The air monitoring firm will be conducting air monitoring through
out the project as follows:
4.2.1. BASE LINE: The air monitoring firm will monitor airborne
fiber counts before any abatement work is started.
4.2.2. OUTSIDE WORK AREA: The air monitoring firm will monitor
airborne fiber counts outside the work area during periods that
abatement is being conducted to detect faults in containment,
filtration equipment failure, or contamination of building outside
the work area.
4.2.3. INSIDE WORK AREA DURING ABATEMENT: The air monitoring
firm will monitor airborne fiber counts 'in the work area to
determine that engineering controls are adequate for the project.
4.2.4. CONTAINMENT. CLEARANCE: The air monitoring firm will
monitor ' airborne fiber count in the work area following gross
removal and clean-up. Monitoring will be conduced to determine if
the elevated fiber counts encountered during gross removal have
been reduced to acceptable levels before applying encapsulates or
removal of primary containment barriers. Three samples per
containment area will be taken to confirm visual assessment of
area.
5. DISPUTES IN FIBER TYPE:
5.1. The follow procedures will be enforced to resolve any disputes in
fiber amounts, or fiber types.
5.1.1. Air samples will be secured by the Engineer's air monitoring
personnel for TEM analysis. The cost for any unscheduled
analysis of the samples and for the technician's time (in collecting,
shipping, etc. the samples) will be back -charged to the contractor,
regardless of the results of the TEM-analysis and the cost of such
analysis/sample collection deducted from the Contractor's final
payment.
6. PCM FINAL CLEARANCE SAMPLING:
6.1. Final PCM clearance sampling as require will be conducted by the
Engineer' for the Owner for determine for I Owners documentation, that
the elevated airborne ' fiber counts have been reduced to either the
baseline level or to 0.010 fibers per CC (whichever is lower) of air
drawn in any given sample taken.
6.1.1.` Final clearance sample will be collected while using
aggressive sampling methods, using an electric powered leaf
blower.
02030-2
6.1.2. Before sampling pumps are started leaf blower will be swept
over all horizontal surfaces, walls, ceilings, and floors. If
necessary 20 inch box fan will be used for the 'suspension of
fibers for the duration of the sampling period.
7. LABORATORY TESTING:
7.1. The air monitoring firms Representative will be performing
laboratory analysis of the air samples taken. A microscope and lab
will be set up on site.
7.2. Air samples and laboratory analysis will be performed on site
using Phase Contrast Microscopy (PCM) Method of sample preparation
and analysis will be the NIOSH 7400 method using recommended A
counting rules.
7.3. Daily air monitoring reports, by the air monitoring firm, to the
Owner will include daily PCM sample analysis as well as data
pertaining to :
7.3.1. Containment and removal methods employed.
7.3.2. Contractor discrepancies and corrective measures.
7.3.3. Worker employed and hours worked.
7.3.4. Method employed by the contractor for monitoring and
reporting of workers exposure to air borne asbestos fiber
concentrations.
f S. CONTRACTOR AIR MONITORING REQUIREMENTS:
8.1. The contractor shall have on job site at all times a "Competent
rPerson" as defined by OSHA regulations. The Competent person shall
perform all of the contractors air monitoring for compliance with
OSHA regulations as stated under 29 CFR 1910.1001 and 1926.58.
8.2. The contractor may use his Competent Person for the sampling
and record keeping, if that person is so trained. If not the
contractor shall furnish at his expense a testing laboratory and
technician.
8.2.1. The method employed and testing laboratory employed must
be approved by the air monitoring firm.
9. CONTRACTORS LABORATORY QUALIFICATIONS:
9.1. Laboratory chosen by the Contractor to provide personal" air
monitoring shall be regularly engaged in asbestos testing, and
personnel used for monitoring airborne concentrations of asbestos
fibers shall be proficient in this field. Laboratory shall be AIHA
approved, or active in NIOSH PAT program.
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02030-3
9.2. Laboratory chosen shall have the capability of reporting result
to contractor on a daily bases for posting at job site. Copies of
results will be maintained in contractors daily logs.
END OF SECTION 02030
02030-4
7
SECTION 02040 - ASBESTOS ABATEMENT INSPECTIONS
PART I- GENERAL
1. RELATED DOCUMENTS:
1.1 To include General Conditions, Supplementary Conditions, Special
Conditions, DRAWINGS, and related documents in Division 00.
2. DESCRIPTION OF WORK:
2.1 The Contractor shall support the air monitoring firm, who in
addition to performing on site air -monitoring for Owner's records,
will be acting as the Owner's on -site representative during the
project. The air monitoring firm shall provide on -site inspections for
the Owners enforcement of the written specifications. Work shall not
begin prior to written notification being received by the air
monitoring firm. Work shall not be conducted without air monitoring
representative being on the project site.
2.1.1 The owners intention is to ensure Contractor meets the
requirements of the documents prepared for the project. The
iinspections are not to be construed by the Contractor as a delay
in work.
2.1.2 NOTE: The air monitoring firm or the Owner's Representative
SHALL NOT be responsible for the Contractor's compliance with
any Federal, State, or Local regulations; this remain SOLELY the
responsibility of the Contractor.
3. INSPECTION-1, ON -SITE SUBMITTAL REVIEW:
3.1 General: Before any work is allowed to begin the air monitoring
firm shall review all submittals with the Contractor's on -site
"Competent Person". See Specification section titled "Submittals" for
information which must be submitted.
3.1.1 NOTE: NO WORK
HAVE BEEN REVIEW
CORRECTED. Copies of
throughout the project.
WILL BE PERFORMED UNTIL SUBMITTALS
ON -SITE AND ALL DEFICIENCIES ARE
all submittals shall be maintained on -site
4. INSPECTION-2, PRE -ABATEMENT CONTAINMENTWORK AREA INSPECTION:
4.1 Inspection of the work area, work area containment, equipment
and supplies shall be conducted by the air monitoring firm before
removal of asbestos containing materials begins.
4.2 Any discrepancies will be corrected by the contractor prior to
the beginning of removal.
02040-1
5. INSPECTION-3, DURING -ABATEMENT CONTAINMENT\WOR% AREA
INSPECTION:
5.1 Multiple inspections of the containment, work area, etc. will be
conducted by the air monitoring firm at random intervals during the
removal -period to ensure that work is proceeding in accordance with
contract documents.
5.2 Inspections of the containment, work area, etc. will also be
conducted by the air monitoring firm after removal is complete but
prior to application of encapsulates.
5.3 Any deficiencies will be corrected by the contractor immediately.
Remove any residual ACM prior to applying encapsulation. Any re-
cleaning will be the contractor's expense.
5.3.1 NOTE: It remains SOLELY the contractors responsibility to
remove all specified ACM materials. The aforementioned assessment
by the representative in no way transfers the responsibility for
discovering all trace amount of specified ACM to the air
monitoring firm.
6. INSPECTION-5, POST -ABATEMENT CLEARANCE INSPECTION (PCM-
CLEARANCE)
6.1 Inspection shall be accomplished prior to removal of any poly
sheeting. After final cleaning of the containment area the air
monitoring firm shall conduct a final visual inspection of all surfaces
in the containment area. If no ACM is discovered air monitoring firm
will collect clearance samples while using "aggressive" air sampling
techniques.
6.2 Failed clearance sampling will require re -cleaning of the
containment area and re -sampling. Second sampling test will be
classified as a re -test and backcharged to the contractor (the cost of
such re -sampling will be deducted from the Contractor's final
payment).
8. INSPECTION-6, FINAL INSPECTION:
8.1 A ` final inspection will be conducted of each work area after the
contractor has removed the containment, critical barriers, and all
equipment for the area: A Punch List will be issued to the contractor
for any items requiring correction or completion. Punch List items
shall be promptly completed by the contractor and resubmitted for
the Engineer's approval
9. FAILED INSPECTIONS:
9.1 Items requiring corrections shall be accomplished immediately.
02040-2
I
3
4
9.2 Failed final clearance testing shall be charged back to the
Contractor.
9.3 Re -inspections of corrected punch list items will require 48 hour
notice to the Engineer.
END OF SECTION 02040
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02040-3
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SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION
PART I- GENERAL:
1. DESCRIPTION OF WORE
1.1 This section describes the equipment and procedures for
protection of workers against asbestos contamination.
2. REFERENCES•
2.1 General: The following standards are made a part of the contract
documents by reference and shall be enforced as if they were
written into the specification in their entirety. The listed standards
shall be "minimum acceptable"; comply with more stringent
requirements of these specifications where such requirement exists.
2.1.1 ANSI: ANSI-Z180.2, Practices for Respiratory Protection.
2.1.2 OSHA
A) 29-CFR-1910.134 Respiratory Protection
B) 29-CFR-1910.1001 Asbestos
C) 29 CFR-1910.1926 Construction Industry
D) 29 CFR-1910.1200 Hazard Communication
2.1.3 AHERA
A) 40 CFR part 763 and appendix's
PART 2 - EQUIPMENT
3. PROTECTIVE CLOTHING:
3.1 Coveralls Provide disposable full body hooded polyolefin or
polypropylene suits. Spun poly suites are acceptable.
3.1.1 All persons entering the work area will be required to wear
suits.
3.1.2 Contractor shall provide sufficient number of changes for all
workers and inspectors on the project.
3.1.3 Persons performing glovebag removal on second floor of
hotel shall were two suites and utilize dry decontamination method,
then wearing one suit proceed to centrally located decon unit.
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3.2 Foot wear: Provide rubber boots for workers and inspectors.
r 02050 - 1
3.3 'Gloves: Provide water -proof glove for all workers and inspectors.
4. RESPIRATORY PROTECTION EQUIPMENT:
4.1 General: Respiratory protection will be required in all work areas
and during all phases of project, to include: critical prep work, glove
bag removal, waste load out, decontaminating of worker and work
area.
4.2 Respiratory protection for workers shall be provided by the
Contractor as required by current OSHA regulations. Respirators used
shall be selected from those approved by the Mine Safety and Health
Administration (MSHA) and the National Institute for Occupational
Safety and Health (NIOSH) for use in atmosphere containing asbestos
fibers.
4.2.1 NIOSH-approved respirators contain the following: an
assigned identification number placed on each unit; a label
identifying the type hazard the respirator is designed to protect
against; additional information on the label which indicates
limitation and identifies the component parts approved for use
with the basic unit.
4.3 Respirator Protection Factors: All respirators shall have at least
the following protection factors:
Respirator Type Protection Factor
Half -Mask Air Purifying: 10
Negative Pressure, full face 50
Powered -air, full face (PAPR) 50
Pressure demand PAPR 100
4.4 Filter Cartridges: The contractor shall provide as a minimum,
HEPA type filters labeled with NIOSH and MSHA certification for
"Radionuclides, Radon Daughters, Dusts, Fumes, Mists, including
Asbestos Containing Dusts and Mists, and color coded in accordance
with ANSI Z228.2 (1980)
4.5 Organic Cartridges: The contractor shall provide as necessary
NIOSH and MSHA approved cartridges for all chemical or vapors they
may encounter.
PART 3 - EXECUTION
5. PROTECTIVE CLOTHING REQUIREMENTS:
5.1 General: All person entering work area shall wear all elements of
the listed protective clothing. No protective clothing shall be worn
outside the work area.
02050 - 2
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52 Protective Clothing: At the start of each shift the worker will be
required to put on full body suites, and rubber boots before
entering the work area.
5.3 Decontamination of Workers: In areas not attached to a
decontamination unit the workers shall utilize double suite dry
decontamination practices.
5.3.1 Worker shall remove outer suite hepa vacuum remaining
suite, and body clean before leaving work area for final
decontamination.
5.3 Final decontamination: Workers shall exit work area in suit and
respirator then proceed to centrally located decontamination unit.
Workers shall enter unit through equipment room, remove suit and
place in disposal. bag, shower, wearing respirator and exit shower to
clean room.
6. RESPIRATORY PROTECTION PROCEDURES:
6.1 Respiratory Protection Program: The contractor shall comply with
ANSI Z288.2-1980 "Practices for Respiratory Protection" and OSHA 29
1910 and 1926, and specified requirements.
6.2 The contractor shall enforce company program and ensure
respiratory protection is used by all employees on the. project any
time workers are in work area, regardless of activities performed or
airborne fiber counts.
6.3 The contractor shall instruct and train all employees involved in
asbestos removal, repair, encapsulation and disposal in the proper
d use, inspection and cleaning of respirator.
6.4 The contractor shall be responsible for assuring all employees
wear the proper respiratory protection for the fiber level
encountered in the work place
6.5 Respirators are required from the start of the project until the
work area is completely decontamination and all waste has been
disposed and area has been cleared.
6.6 The contractor shall provide a licensed supervisor for the
duration of the project to act as his "Competent Person" as defined
by OSHA regulations.
6.7 Minimum Respiratory Requirements: The minimum respiratory
requirements for this project are as follows:
6.7.1 Full -face, air purifying respirator: Use full -face respirator
equipped with high efficiency (HEPA) filters while doing
*- preparation work only; no abatement work will be done while
t wearingthis type respirator.
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02050 - 3
6.7.2 Powered Air Purifying Respirators: Use high- efficiency
powered air -purifying respirators whenever the fiber count is less
than 1.0 fibers/cc.
6.7.3 Type "C": Use type "C" supplied air respirators whenever
the fiber count is 1.01 fibers/cc or greater.
6.7.4 Restricted respirator type: half -face, air purifying
respirators will NOT be used at any time for removal on this
project.
6.8 Upgrading protection: At any time during the project that
airborne fiber concentrations increase to the, point that fiber counts
inside the mask would exceed 0.01 fibers/cc all work shall cease and
all workers shall leave the work area until respiratory protection is
upgraded and/or improved engineering controls are implemented.
6.9 Respiratory Protection for Site Inspection Personnel: The project
shall be subject to on -site inspection by OSHA, EPA, Owner's
Representative, etc. Contractor shall provide clean respiratory
equipment for any and all inspectors. Contractor shall provide
throughout the project a complete set of equipment (respirator and
disposable clothing) for the Owner's air monitoring/inspector.
6.9.1 If found to be in violation of 29 CFR 1926.58, the Contractor
shall cease all work immediately and remain so until the violation
is corrected. Standby time required to resolve the violation shall
be at the Contractor's expense.
END OF SECTION - 02050
02050 - 4
7
PART I- GENERAL
SECTION 02070 - CONTAINMENTS
1. DESCRIPTION OF WORN:
4
1.1. This section describes the containment and decontamination unit
the contractor shall employ for the duration of the project.
12. Contractor shall treat each work area as a single containment
r.. with hepa filtration.
1.3. Contractor shall erect a centrally located functional
decontamination unit. Workers are required to exit work areas and
proceed to decontamination unit.
1.3.1 Workers are require to practice dry decontamination
practices by removal of one of the double suites, then exisiting to
decontamination unit
1.4. PCM clearance samples will be taken to clear each area.
PART 2 - PRODUCTS
2. CONTAINMENT MATERIALS:
2.1. Polyethylene sheeting: Provide polyethylene sheeting of 4 mil
thickness sized for application.
2.2. Adhesive tape: Provide adhesive tape in 2" or 3" widths with
adhesive formulated to adhere to poly in hot, humid and wet removal
conditions.
2.3. Spray adhesives: Provide spray adhesive formulated for
application with poly, and other surfaces in hot, humid and wet
removal conditions.
2.4. Signs: Contractor shall post OSHA required asbestos hazard
warning signs and barrier tape.
2.5. HEPA Filtration Device: Contractor shall provide HEPA filtration
device(s) for each work area. Fans shall be able to maintain 4 air
changes per hour in work area.
2.6. Wood Studs: Provide stud -grade 2x4, 2x6, 2x8 etc. pine.
3. GENERAL CONTAINMENT PROCEDURES:
r' 3.1. Air Locks: Build double air locks of plastic sheeting at all
entrances and exits to the work area so that the work area is always
closed off by one barrier when workers enter or exit. Position so
that all air entering the containment must enter through the air lock.
02070 -1
3.2. Decontamination unit: Centrally located unit shall be constructed
to provide for stability for the duration of the project. Units may be
constructed of wood, PVC piping or a pre -fabricated unit.
3.3. Critical Prep: Each work area will require all windows and doors
to be covered with one layer of 4 mil. poly. Contractor shall secure
Poly with spray adhesive, tape, staples as necessary.
3.4. Local Exhaust System: Provide a local exhaust system" `in the
asbestos control area as required to meet the asbestos control limit
and ceiling concentration. Systems used shall provide a minimum of
four air changes per hour per work area. The local exhaust system
shall be in accordance with ANSI Z9.2, using high efficiency
particulate air (HEPA) filters. Equip exhaust openings with the
necessary filters required to reduce airborne asbestos concentrations
to below the asbestos control limit. Local exhaust equipment must be
sufficient to maintain a negative air pressure in the asbestos control
area. Strip recorder or instrument which can record\document
information shall be required.
3.4.1. Exhaust Fans: Connect to containment so that all air enters
at either the personnel air lock or at the "bag -out" air lock.
Locate fans so that air generally is moving away from the two air
locks.
PART 4 - EXECUTION:
4. AREA DESIGNATED FOR FLOOR TILE AND TRANSITE REMOVAL.
4.1. Entry: Contractor shall enter and exit each work area through
alley entrances.
4.2. Containment: The contractor shall contain the ' area by critical
prepping all doors and windows in the work area.
4.2.1. Wall coverings and floor covering are not required.
4.3. Double Flap Entry: At each rear enty fabricate doorway from 2
overlapping polyethylene . sheeting with opening fit to door way.
Position so flaps overlap each other and ample make-up air may be
drawn for size of containment.
4.4. Filtration device: Place HEPA device(s) in work area and position
so that machine may be exhausted from building.
5. HOTEL AREA DESIGNATED FOR PIPE LAGGING REMOVAL.
5.1. Entry: Contractor shall enter and exit work area through alley.
Contractor shall erect scaffolding for access. See Section 01100 for
details.
5.2. Containment: The contractor shall contain the area by critical
prepping all exterior doors and windows of second floor.
02070 -2
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5.3. Double Flap Entry: At entry fabricate doorway from 2
overlapping polyethylene sheeting with opening fit to door way.
Position so flaps overlap each other and ample make-up air may be
drawn for size of containment.
r5.4. Filtration device: Place HEPA device(s) in work area and position
so that machine may be exhausted from building.
END OF SECTION - 02070
02070 -3
7,
SECTION 02080 - ASBESTOS REMOVAL METHOD
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PART I- GENERAL
1. DESCRIPTION OF WORK:
1.1 This section describes the removal methods for ACM floor tile,
transite materials and ACM aircell pipe lagging.
1.2 Contractor shall visit site and review drawing to determine
difficulties involved with removal of specified ACM materials.
PART 2 - PRODUCTS:
2. ABATEMENT MATERIALS:
2.1 Wetting agents: Provide wetting agents for wetting ACM before
disturbance, use either amended water of diluted removal
encapsulates.
2.2 Glovebags: Provide glovebags for removal of pipe lagging.
2.3 Sprayer: Provide sprayer with capacity of delivering a spray
under pressure.
2.4 Waste Containers: Disposal bags provide 6 mil disposal bags for
ACM pipe lagging, and sealable drums for floor tile.
PART 3 - EXECUTION:
3. REMOVAL OF ACM FLOOR TILE
3.1 General: Removal of ACM floor tile will be conducted utilizing a
wet removal technique inside a isolated work area, with HEAP
filtration.
3.1.1 All preparatory work practices associated with removal of
friable asbestos will be followed for the containment, removal and
disposal of ACM floor tile.
3.1.2 All removed material shall be bagged wet and as soon as
feasible, material shall -no be allowed to remain un-bagged bagged
rin containment for long periods of time.
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3.2 Tile Removal: Contractor shall utilize hand chipper methods as
•" necessary for removal. The removal may be accomplishedwith a
mechanical chipper if available, control measures will be required to
control fiber release.
r3.3 All removed floor tile shall be double bagged, .placed in disposal
barrel and moved from work area to load out area.
02080-1
4. REMOVAL OF ACM TRANSITE PANELS AND VENT PIPES.
4.1 General: Removal of transite materials will be conducted utilizing a
wet removal technique inside a isolated work area, with HEAP
filtration.
4.1.1 All preparatory work practices associated with removal of
friable asbestos will be followed for the containment, removal and
disposal of ACM.
4.1.2 All removed material shall be bagged or wrapped to form air
tight seal and as soon as feasible, material shall not be allowed to
remain un-bagged in containment for long periods of time.
4.2 Transite Removal: Contractor shall remove as much material as
possible intact. Broken pieces shall be bagged as soon as possible.
Control measures will be required to control fiber release.
5. REMOVAL OF ACM PIPE LAGGING.
5.1 General: Removal of ACM pipe joint insulation will be conducted
utilizing a glove bag removal technique inside a isolated work area,
with HEAP filtration.
5.2 Project Team: Before beginning removal designate a removal team
to consist of three persons inside containment suited in two "tyvek
type" suits each and PAPR respirators.
5.3 Pipe Lagging Preparation:
5.3.1 Inside containment thoroughly wet all insulation to be
removed with amended water or penetrating encapsulates, and
allow to soak in thoroughly.
5.3.2 After material is saturated check all pipe for loose or
damaged areas, wrap joints with poly and candy stripe with
adhesive tape.
5.4 Installation of glove bag:
5.4.1 Place one layer of tape around pipe on each side where
glove bag will be installed.
5.4.2 Place all necessary tools in bags tool pouch, include bone
saw, utility knife, rags, scrub brush, wire cutter.
5.4.3 Slip bag over pipe and reinforce top portion of bag with
adhesive tape, fold top and staple reinforced area.
5.4.4 Tape sides of bag to previous installed tape, seal tightly,
and allow for working room above pipe.
02080-2
5.4.5 Use smoke tube to test seals, insert smoke tube through
sprayer hole and fill bag, gently squeeze bag while looking for
leaks, adjust fit or re -tape as necessary.
5.4.6 Insert wand of spray pump in sprayer hole and tightly seal
with tape to bag.
5.4.7 Insert nozzle for HEAP vacuum in opening of bag and tape to
form air -tight seal.
5.5 Removal of asbestos pipe lagging with glove bag:
5.5.1 One person place hands in glove bag sleeves, while second
person sprays work area with amended water from pump sprayer.
Wet exterior of lagging, cut slits in lagging and wet again allowing
for interior insulation soaking.
5.5.2 Remove section of pipe insulation inside glove bag with bone
saw or utility knife, while second person wets material, carefully
lay removed materials in bottom of glove bag, and soak with
�• amended water.
5.5.3 Thoroughly rinse removal tools and place back in pouch.
Remove scrub brush and rags. Scrub/wipe pipe to remove
remaining materials, clean and rinse thoroughly. NO ACM TRACE
AMOUNTS WILL BE ALLOWED TO REMAIN.
5.5.4 Spray encapsulates on thoroughly cleaned pipe, and seal
both ends of remaining ACM pipe insulation.
5.5.5 Collect all tools in one glove and pull wrong side out, out of
bag. Twist glove arm several times and tape in two places over
twists. Cut between tape and place in next bag.
5.5.6 Remove spray nozzle and twist opening and seaL
5.5.7 Clean interior walls of bag (pay particular attention to the
top half of the bag) with clean cloth.
5.5.8 Turn on HEAP vacuum to collapse bag, as bag collapses
grasp tightly and twist bag as close to piping as possible. Remove
vacuum and seal opening. Tape around twists so that it cannot
unwind.
5.5.9 Loosen both ends where bag touches tape and remove bag.
5.6 Disposal of glove bag:
5.6.1 Position labeled disposal bag below glove bag and slide glove
i bag into disposal bag. Twist disposal bag tightly at top, form
approximately 12 inch neck, tape seal. Fold formed seal over and
�^ tape second time forming a "goose neck seal".
6. DISPOSAL OF ACM WASTE:
02080-3
6.1 Contractor shall , bag all generated pipe lagging waste wet.
Materials will not be allowed to dry before bagging.
6.2 All waste shall be double bagged in 6 mil poly bags, and label to
comply with NESHAPS regulations for disposal.
6.3 Contractor shall refrain from over filling bags with tile, and store
in containment until all have been cleaned and readied to remove to
disposal barrels.
6.4 Floor tile waste shall be placed in barrels for removing from work
area and disposal.
6.5. Clean up and disposal. See Section 02090 for details.
END OF SECTION 02080
02080-4
SECTION 02090 - CLEAN-UP AND DISPOSAL
PART 1 - GENERAL•
1. SCOPE OF WORK:
1.1. This section describes the method contractor will employ for the
clean-up and disposal of work area.
2. QUALITY ASSURANCE:
2.1. Permits
and Notifications:
Secure necessary permits in
conjunction with asbestos removal, hauling
and disposition and
provide timely
notification of such
actions, as
may be required by
federal, state,
regional, and local
authorities.
Notify the Regional
Office of the
U.S. Environmental
Protection
Agency and provide
copies of the
notification to the
Engineer. Provide
notification in
accordance with
CFR 61.22(d)(1).
2.2. Housekeeping: Essential parts of asbestos dust control are
housekeeping and clean-up procedures. Maintain all surfaces
throughout the building free of accumulations of asbestos fibers to
prevent further dispersion. Give meticulous attention to restricting
the spread of dust and debris, keep waste from being distributed
over the general area. Use approved industrial vacuum cleaners with
a HEPA filter to collect dust and small scrap. The blowing down of
the space with compressed air is forbidden. Post appropriate asbestos
hazard warning signs. In all possible instances workmen shall clean
up their own areas. Equip personnel engaged in cleaning up asbestos
` scrap and waste with necessary respiratory equipment and protective
clothing.
PART 2 - MATERIALS
Not Applicable
PART 3 - EXECUTION
3. GENERAL•
3.1. Collect and dispose of asbestos waste, scrap, debris, bags,
containers, equipment, and asbestos contaminated clothing in sealed
impermeable bags.
3.2. Prior to placing in bags, or containers, wet down asbestos wastes
to reduce airborne concentrations.
3.3. Waste asbestos materials shall be disposed of in accordance with
all Federal regulations implementing the intent of the Resource :act
(40 CFR 260-265) at an EPA approved sanitary landfill. The "small
quantity exclusion" of the regulations shall not apply to disposal of
r waste asbestos materials.
e
r 02090 - 1
l
3.4. Establish a temporary holding area approved by the Engineer for
properly packaged asbestos waste. This area is only to be used
during the regular asbestos Contractor's work hours prescribed in
the paragraph "Sequencing/Scheduling".
3.5. Contractor shalt provide disposal bags with labels as required by
NESHAP regulations.
4. PRELIMINARY CLEANUP AND INSPECTION:
4.1. After all ACM materials have been removed, bagged, and
transferred out of the containment the air monitoring firm will
inspect the work area to establish that all gross amounts of ACM has
been , removed. Visual observation of asbestos materials, dust or
debris is not permitted on any surface in or around the work area.
4.2. Prior to notification, Contractor. shall remove all bagged ACM and
be ready to start final cleanup. Contractor shall remove any
additional sheets of floor or wall covering, being careful to not break
the containment.
5. FINAL CLEANUP:
5.1. If Owner's representative does not take exception to Contractor's
position (that all gross removal is completed), then Contractor shall
proceed to thoroughly wet clean and/or HEPA vacuum the entire work
area. If the Owner's representative feels that all gross ACM has not
been removed, then the Contractor shall accomplish whatever
additional work is required to remove any residual ACM.
5.2. Clean work area in accordance with EPA approved methods: wet -
clean the entire work area (every surface, every fixed piece of
equipment, every light fixture, etc.), spray with a sealant, allow to
dry. After this first cleaning, wait for dust to settle and repeat the
entire thorough wet -cleaning process. Following this cleaning notify
Owner's representative that the area is ready for final testing.
6. FINAL CLEARANCE TESTING:
6.1. Upon notification that the area is ready for ready for clearance
sampling, Owner's representative shall , perform the clearance air
sampling.
6.2. Re -Testing for Final Clearance: In the event the work area does
NOT pass the first air clearance testing (the concentration of
asbestos fibers is outside stated limits), then Contractor shall re-
clean the entire area by thoroughly wet -wiping every surface in the
work area (floor, wall, ceiling, etc.). At the end of this re -cleaning
process the Contractor shall notify the Owner's representative who
shall again take the required air samples.
02090 - 2
I
F
7. REMOVAL OF CONTAINMENT:
7.1. Once the area has been inspected and the fiber count is below
the level stated previously in specification section 02030, and after
authorization from Owner's representative, the containment shall be
removed.
7.2. All workers shall continue to work in full protective clothing:
disposal coveralls, powered, air -purifying respirators, etc.
7.3. Remove containment walls folding carefully so that the side
facing into the containment is on the inside of the fold. Cut walls
into sections of sufficient size as to allow disposal in 6-mil bags.
1.4. Dismantle decontamination unit disposing of all waste materials in
an approved fashion. Ensure that all materials which are not to be
bagged and delivered to waste dump site are thoroughly cleaned.
7.5. After all materials have been bagged and the final shipment
loaded on the vehicle for transport to the dump site, workers shall
remove disposable suits, place within waste disposal bag and load
onto truck.
7.6. Contractor shall comply NESHAP regulation in 40 CFR and State
of Texas regulation for waste disposal in TAC.
7.7. Contractor shall manifest loads on State of Texas Waste Manifest,
properly executed.
7.7.1. Contractor shall submit manifest and landfill receipts to
Engineer at project close out, or with final pay request.
END OF SECTION 02090
02090 - 3
44
TO:
NOTICE OF ACCEPTANCE
The City of Lubbock, having considered the proposals submitted and opened on the ,day of
199_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock;
it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that
said proposal was accepted by the City Council of the City of Lubbock on the day of 199_ at
the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer-
tificates of insurance, and all other documents specified and required to be executed and furnished under the con-
tract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents
within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of
such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to
execute and furnish such contract documents and bonds within the time limit specified, said bid security will be re-
tained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
45