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Resolution - 3571 - Contract - Padgett Construction Company - ACM Abatement, Municipal Square & HAPP - 03_14_1991
Resolution #3571 March 14, 1991 Item #23 HW:js 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 Padgett Construction Company for A.C.M. Abate- ment at Municipal Square and Holly Avenue Power Plant, 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. Plassed by the City Council this 14th ecreiary APPROVED S TO CONTEN jene Ea s, Purc asing Manager APPROVED AS TO FORM: va4lo_a /W-C�� Harold Willard, Assistant City Attorney day of March , 1991. C- 6. C. McMIKN, MAYOR CITY OF LUBBOCK SPECIFICATIONS FOR A.C.M. ABATEMENT AT MUNICIPAL SQUARE & HOLLY AVENUE POWER PLANT BID # 11161 CITY OF LUBBOCK Lubbock, Texas S. b FEB 25 '91 11:54 CITY OF LUBBOCK, TX Sa6-762-3623 P.1!2 ivo City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 AOS-767-2167 BID # 11161 ADDENDUM # 1 Office of Purchasing MAILED TO VENDOR: February 25, 1991 CLOSE: February 28, 1991 PLEASE MODIFIY OR AMMEND CONTRACT DOCUMENTS AS FOLLOWS AND PER THE ATTACHED SHEET:. 1. The Bid Proposal form should state fifteen (15) working days and not thirty consecutive calendar days. 2. Contractor will be allowed to complete more than one (1) mechanical room during the specified working period. 3. Section 02040; Page 2; Item 6: Project will require PCM clearance only, TEM samples will not be required. 4. Section 02040; Page 3; Delete Item 9.3 in its entirety. THANK YO , RON SHUFFIELD CITY OF LUBBOCK PURCHASING DEPARTMENT PLEASE RETURN ONE COPY WITH YOUR BID a FEB 35 '91 11:54 CITY OF LUBBOCK, TX 606-762-3623 p,-/- CITY OF LUBBOCK ASBESTOS ABATEMENT PROJECT # 11161 1.1 Revise specifications and general conditions as follows. 2.1. On page 02020--1 replace paragraph 1.3.1. with the following: 1.3.1 Phase 1: Remove AU insulation (fiberglass and ACM insulation) from heating and cooling system piping in indicated mechanical rooms (beginning at interior surface of wall). 2.2. On page 0202G--1: Add the following paragraphs: 1.2.3.5 Remove insulation from piping connecting to heat exchanger (leave vessel insulation in -place and wrap as described in paragraph 5.4 of section 02020, page 02020-3). Remove insulation from approximately 50 linear feet of 8" pipe. Coordinate exact termination point of abatement with air monitoring firm prior to beginning work. Encapsulate exposed unabated material. 1.2.3.6 Abate pipe containing electronic meters and gauges, center of west side of heat exchanger. Remove insulation, from approximately 20 linear feet of 3" pipe. 2.3 On page 02020-3 add the following paragraph: 5.3.1 Under Phase-1 provide air tight seals around piping at all wail and floor penetrations. Install prior to beginning abatement. 3.1 On page 02030-2 add the following sentence to paragraph 6.1: 6.1...All sampling, including final clearance sampling, shall be FCM except those samples collected to resolve disputes. See Section 02030, page 02030-2, paragraph 5. 3.2 On page 02030-2 delete paragraphs 6.1.1 and 6.1.2 in their entirety. END OF ADDENDUM Bid # 11161 ACM Abatement at Municipal Square and Holly Avenue Power Plant SUBMITTALS INCLUDED WITH BID: 2.1.1. Name and location of at least 5 asbestos abatement projects performed by the Bidder, including name and telephone number of contract representative. Following is a list of boiler room asbestos abatement projects .that Padgett Construction Company conducted for the Lubbock Independent School District during the summer of 1990. The contract representative during these abatements was Mr. Herb Stephens. He is no longer with L.I.S.D., the contract represent- ative now is Mr. Byron Martin. He may be contacted at 766-1057. Wheelock Elementary School, Boiler Room. Guadalupe Elementary School, Boiler Room. Stubbs Elementary School, Boiler Room. Chapman Field House, Boiler Room Bayless Elementary School, Boiler Room. Hunt Elementary School, Boiler Room. Parkway Elementary School, Boiler Room. Brown Elementary School, Boiler Room. -.. Hardwick Elementary School, Boiler Room. Tubbs Elementary School, Boiler Room. J Bid # 11161 ACM Abatement at Municipal Square and Holly Avenue Power Plant SUBMITTALS. INCLUDED WITH BID: 2.1.2. The contractor shall furnish "Patent -Infringement Certificate". Padgett Construction Company will be responsible for any patent infringement violations that may occur during this asbestos abatement project. Bid # 11161 ACM Abatement at Municipal Square and Holly Avenue Power Plant SUBMITTALS INCLUDED WITH BID: 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. During an on site OSHA inspection on February 1, 1994 Padgett ® Construction Company received 2 citations. The first citation concerned 29 CFR 1926.58(m)(4)(i): "The written opinion obtained from the examining physician did not include the material specified by paragraphs (m)(4)(i)(A) through (m)(4)(i)(C) of this section." During our informal conference with OSHA concerning this citation we presented OSHA with a letter from the examining physician stating that the above referenced information had in fact been covered by the physician during the examination of each employee. Despite this letter, OSHA decided to let the citation stand. Since then, the Texas Department of Health has issued a standard- ized physical examination form which includes the above referenced material. As a result, we will no longer be receiving a citation for lack of medical information in the Physicians' Written Opinion. The second citation concerned 29 CFR 1926.59(e)(1)(i): "The written hazard communication program did not include a complete list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet." When the inspector mentioned that our hazard communication was inadequate Mr. Sevigny showed him our hazard communication program which included the MSD sheets for all the chemicals that we had on site. The inspector agreed that we had all the necessary information for a complete hazard communication program but we did not have a separate list of all the chemicals that we had MSD sheets for. Mr. Sevigny typed up a separate list of all the chemicals that we had MSD sheets for and presented it to the inspector that same day. The inspector still insisted on writing ® the citation. During the informal conference with OSHA we told them that we did have all the pertinent information required for our hazard commun- ication program on site at the time of the inspection. And that the inspector agreed that we had all the pertinent information on site at the time of the inspection. OSHA said that since we did not have the information in the format that they wanted they would let the citation stand in spite of the fact that we had provided them with a copy of our hazard communication program in the format that they wanted within hours of being made aware of the format that they requested. CITY OF LUBBOCK SPECIFICATIONS for TITLE: ADDRESS: BID NUMBER: 11161 PROJECT NUMBER: 1491-552101-9534 CONTRACT PREPARED BY: Purchasing Department -1- (THIS PAGE LEFT BLANK INTENTIONALLY) u INDEX PAGE i. NOTICE TO BIDDERS..........................................................................................3 2. GENERAL INSTRUCTIONS TO BIDDERS.........................................................................4 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10 4. PAYMENT BOND..............................................................................................13 5. PERFORMANCE BOND..........................................................................................16 6. CERTIFICATE OF INSURANCE..................................................................................19 7. CONTRACT..................................................................................................21 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23 9. CURRENT WAGE DETERMINATIONS...............................................................................41 ., 10. SPECIFICATIONS............................................................................................42 11. SPECIAL CONDITIONS........................................................................................43 12. NOTICE OF ACCEPTANCE ............................ -2- (THIS PAGE LEFT BLANK INTENTIONALLY) i .r, NOTICE TO BIDDERS •3- (THIS PAGE LEFT BLANK INTENTIONALLY) NOTICE TO BIDDERS BID # 11161 Sealed proposals addressed to Gene Eads, C.P.N., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 28th day of February. 1991, 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 AT MUNICIPAL SQUARE AND HOLLY AVENUE POWER PLANT After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager 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 Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 14th day of March. 1991, 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 Best Rating of B 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. P" It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. 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 bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a pre -bid conference on 21st day of February, 1991, at 10:00 o'clock a.m., Committee Conference Room #103, Municipal Building, 1625 13th Street. CITY OF LUBBOCK BY: Gene Eads, C.P.M. Purchasing Manager ADVERTISEMENT FOR BIDS BID # 11161 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, ^- Texas, 79401 until 2:00 o'clock p.m. on the 28th day of February. 1991, 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: A.C.M. ABATEMENT AT MUNICIPAL SQUARE AND HOLLY AVENUE POWER PLANT After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager 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 bidder's 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 r submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a prebid conference on 21st day of February. 1991, at 10:00 o'clock a.m., Conference Committee Room , Municipal Building, 1625 13th Street. C, I ". ezz g Z, / BY: Gene Eads, .M. PURCHASING MANAGER (THIS PAGE LEFT BLANK INTENTIONALLY) I GENERAL INSTRUCTIONS TO BIDDERS -4- (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: ~ Provide for the removal of asbestos containing thermal insulation. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge 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 A- The construction covered by the contract documents shall be fully completed within 30 (THIRTY) 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. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. -5- 7. 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. B. 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. -6- 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 all 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 and 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 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- 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 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 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 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 -7- 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 as 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. -8- The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 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. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes 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- 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 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 mariner: -- (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. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. -9- (THIS PAGE LEFT BLANK INTENTIONALLY) BID PROPOSAL -10- (THIS PAGE LEFT BLANK INTENTIONALLY) M BID PROPOSAL BID FOR LUMP SUN CONTRACTS PLACE DATEP'� PROJECT NO. ff2 j TF Proposal of P' U ? (hereinafter called Bidder) _To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a�Iv ^ t) having carefully examined the plans, specifications, instructions to bidders, notice to bidders and a({ other re- lated contract documents and 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, herebyproposes,;to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans,.spqcifica- �`�,• tions and contract documents, within the time set forth therein and at the price stated below. The price t6/Cover'i all expenses incurred in performing the work required under the contract documents, of which this proposal is to be a part is as fo llows: �j-� BID: IIIJPlG Ill!%iP ll!/� 1�lUl' � �i./�YrY/ /`/JY�. /L1i^,�1_ All Amount °^ 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 30 (THIRTY) 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 5400.00 (Four 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 (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. -11- Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S2,SI�2 CIO or a Proposal Bond in the sum of ./\I/ Dollars (S which it is agreed shall be collected and retained by the owner as liquidated damages in the event the proposal i accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bonc (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of s 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 c tract documents made available to him for his inspection in accordance with the Notice to Bidders. c���r_��rc1G �Ih,..�� Contractor BY:6tal (seal if Bidder is a Corporation) AT7 St* � Se�retaty" -12- PAYMENT BOND -13- (THIS PAGE LEFT BLANK INTENTIONALLY) STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 19to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con- tract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. -14- IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 14_ Principal By: By: By: (Title) (Title) (Title) Surety *By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des- ignates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to form: City of Lubbock By: City Attorney *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. -15- PERFORMANCE BOND -16- (THIS PAGE LEFT BLANK INTENTIONALLY) 0 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS ^— AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra- tors, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of ,19_,to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at Length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per- form the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. r-- PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of 19_ Surety Principal *By. By: (Title) (Title) By: (Title) By: (Title) -17- The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By. (Title) Approved as to Form City of Lubbock By: City Attorney *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. -18- CERTIFICATE OF INSURANCE -19- (THIS PAGE LEFT BLANK INTENTIONALLY) ULK II IHUA I It OF INSURANCE (This Certificate of Insurance neither affirmatively nor negatively .� amends, extends or alters the coverage, limits, terms or conditions of the policies it certificates.) .3-19-91 tlg This is to Certify to City of Lubbock P 0 box 10536 Lubbock, TX 79408 L that the following described policy or policies, issued by The Company as coded below, providing insurance only for hazards checked by "X" below, have been issued to: NAME ' Padgett Construction Company, INc. AND —ADDRESS P 0 box 2895 OF INSURED Lubbock, TX 79408 covering in accordance with the terms thereof, at the following location(s): Texas r 111.7NA Nroperry ana Lasualry (:ompanles COMPANY CODES © CIGNA INSURANCE COMPANY © CIGNA INS. CO. OF TEXAS 5❑ PACIFIC EMPLOYERS INS. CO. 9❑ INSURANCE COMPANY OF NORTH AMERICA ❑A CIGNA INS, CO. OF ILLINOIS © CIGNA INS. CO. OF OHIO ❑ (OTHER; —SPECIFY) FOLt TYPE OF POLICY HAZARDSCO.00DE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's Statutory w. C. Compensation & 0 ❑3 TAC 622213 12-9-90/91 $ 500,000 One Accident and Employers' Liability Aggregate Disease (b) General Liability Premises —Operations (including "In- $ Each Person cidental Contracts" as defined below) El Accident _ Independent Contractors ❑ ❑ Each ❑ Occurrence $ o Completed Operations/Products ❑ ❑ m Contractual, (Specific type as ❑ ❑ Aggregate --Completed described in footnote below) r $ Operations/Products _ Premises —Operations (Including [:]Accident "Incidental Contracts" as defined ❑ ❑ Each $ ❑ below) Occurrence E � Independent Contractors ❑ ❑ $ Aggregate—Prem./Oper. ❑ $ Aggregate —Protective oCompleted Operations/Products ❑ $ Aggregate --Completed a Contractual, (Specific type as ❑ ❑ Operations/Products described in footnote below) $ Aggregate —Contractual W Automobile Liability Owned Automobiles ❑ $ Each Person ?? —ll Hired Automobiles Each (❑Accident i —1 Non -owned Automobiles $— _ + — ( ❑ Occurrence— ��� Owned Automobiles ❑ ❑ ❑ Accident o m Hired Automobiles ❑ ❑ $ Each # ❑Occurrence �0 Non -owned Automobiles ❑ 1(d) 'ontraetual Footnote: Subject to all the policy terms applicable, specific contractual coverage is provided as respects It is the intention of the company that in the event of cancellation -� Check ❑ a contract the policy y or policies by the company, ten (10) days' written not Applicable ❑ purchase order agreements between the Insured and: of such cancellation will be given to you at the address stated above Block ❑ all contracts I. NAME OF OTHER PARTY DATE (if applicable) CONTRACT NO. (if any) F ` r I "Vw tVm JVtlJ Job Amount ACM Abatement at Municipal Square & Holley Ave Power Plant.$129443.00 )efinitions: "Incidental contract" means any written (1) lease of premises (2) easement agreement, except in connection with construction or demolition op; tions on or adjacent to a railroad, (3) undertaking to indemnify a municipality requirel by Inunicipal ordinancg, ) c pt in qonqection with work the municipality, (4) sidetrack agreement; or IS) elevator maintenance agreement. ' Authorized Representative c-1389e Ptd. in U.S.A. 2. INSURED'S COPY CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: Type of �. Lubbock, Texas Project: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, in- sured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted hereon. •-^ TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability -------------------------------------------------------------------------------------------------------------------- Workmen's Compensation -------------------------------------------------------------------------------------------------------------------- Owner's Protec- Per Person $ tive or Contin- Per Occurrence $ gent Liability -------------------------------------------------------------------------------------------------------------------- Property Damage $ —. Contractor's Per Person $ Protective or Per Occurrence $ Contingent Property Damage $ Liability -------------------------------------------------------------------------------------------------------------------- Per Person E �^ Automobile Per Occurrence S -------------------------------------------------------------------------------------------------------------------- Property Damage $ Comprehensive General Liability $ -------------------------------------------------------------------------------------------------------------------- Umbrella Liability $ -------------------------------------------------------------------------------------------------------------------- The foregoing Policies (do) (do not) cover all subcontractors. Locations Covered DESCRIPTION of Operations Covered The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such �- change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER. (Name of Insurer) By: Title -20- (THIS PAGE LEFT BLANK INTENTIONALLY) r-. 0 CONTRACT -21- (THIS PAGE LEFT BLANK INTENTIONALLY) I CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of March, 1991, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and PADGETT CONSTRUCTION CO. 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 CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- lows: BID #11161 - A.C.M. ABATEMENT MUNICIPAL SQUARE & HOLLY AVENUE POWER PLANT IN THE AMOUNT OF $12,443.000. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, °^ labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. 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 have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. Secr ary APPROVED AS TO CONTENT: tr ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER). r By. tz MAYOR PADGETT CONSTRUCTION COMPANY CONTRACTOR By: 4e'r [)'Ud' TITLE: PAMj_rli.� COMPLETE ADDRESS: P. 0. BOX 2895 Lubbock, TX 79408 -22- (THIS PAGE LEFT BLANK INTENTIONALLY) . GENERAL CONDITIONS OF THE AGREEMENT -23- (THIS PAGE LEFT BLANK INTENTIONALLY) 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: PADGETT CONSTRUCTION CO., ,.« 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 JERRY SMITH, DIRECTOR OF BUILDING SERVICES, 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 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, 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 clauses defining the character of the work. b. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no 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. -24- 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. 8. 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 all 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. -25- 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. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative 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 all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The 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 30 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. 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 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 the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such 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. -26- 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. -27- 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 Representa- 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 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 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. 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- ther agreed that any remedial action contemplated as hereinabove set forth shall be at 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, 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 -28- 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 loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, 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 law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these 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. -29- 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 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 sums 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 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. -30- 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 $300,000 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 "c" 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. -31- E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of (S1,000,000 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 S100,000 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 EQUIPMENT AND SUPPLIES 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, materiatmen and furnishers of machinery and parts thereof, 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 -32- 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 shall 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 all times observe and comply with all federal, state and local laws, 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 laws, 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 damages =33- 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. 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. 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 mariner 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 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, walk -outs, 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 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 -34- 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 classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their 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. -35- 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% shall be retained until final payment, and further, less all previous payments and all further sums that may -- be retained by Owner under the terms of 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 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 under the terms of 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 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 P- 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 contractors damaged by any such removal or replacement. if Contractor does not remove and replace any such —' condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of 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 -36. date of substantial completion. The Owner or the Owner's Representative shall 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 shall 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. -37- 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. After 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 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 in either of the following elective manners: (a) The owner may employ such force of men and use of machinery, equipment, tools, materials and sup- 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- pleted 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 issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, 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. -38- 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 Owner's 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 5160, 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 $25,000.00, 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. -39- 53. LOSSES FROM NATURAL CAUSES 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, scaffolding, 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. -40- No Text CURRENT WAGE DETERMINATIONS -41- (THIS PAGE LEFT BLANK INTENTIONALLY) 0 Resolution #2502 January 8, 1987 Agenda Item #18 DGV:da DCCM 11TTnh1 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 Ranett6 Boyd, City Secretary APPROVED T, ONTENT: APPROVED AS TO FORM: Bi 1 P yne, D rector of Building �IdG.iver, First Services Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper - 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger _ 8.70 Electrician - 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber " 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler -- Concrete Finisher Concrete Finisher -Helper Electrician Fl agger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader -� Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - ® Light Heavy Hourlv Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 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 D 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.1 1/2 times base rate. SPECIFICATIONS -42- (THIS PAGE LEFT BLANK INTENTIONALLY) SECTION 02090 - CLEAN-UP AND DISPOSAL •UBKOI•'� 1.1. This section describes the method contractor will employ for the clean- up and disposal of work area. 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. Not Applicable 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 02090-1 exclusion" of the regulations shall not apply to disposal of waste asbestos materials. 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". 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. 5.1. 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 24 hours 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. 6.1. 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 reclean 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 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. 7.4. 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. END OF SECTION 02090 02090-3 (THIS PAGE LEFT BLANK INTENTIONALLY) SECTION 01010 - SUMMARY OF WORK PART I- GENERAL . 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 Project sites: 2.1.1 PHASE 1: City of Lubbock Municipal Square Building, loth and Texas Ave. Lubbock, Texas. 2.1.2 PHASE 2: City of Lubbock Holley Power Plant: East of Lubbock on Slaton Highway. 1.3 Before submitting a bid for this work, each Bidder is responsible for having examined the both sites 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 slight discrepancies in Drawings. 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. BRIEF DESCRIPTION OF THE WORK: MUNICIPAL SQUARE PHASE 1. 2.1 Provide for the removal of asbestos containing thermal system insulation in 12 air handler rooms. 2.1.1 ACM materials to remove generally consist of pipe insulation and pipe fitting insulation on ells, tees and valves on the various piping systems in the various mechanical rooms. A-- 2.2 Removal will be conducted using glove bags inside a containment. 2.3 Work Schedule: All work shall be accomplished between six p.m. and six a.m.. 2.3.1 Work schedule shall be after all building occupants have left building for day. Work period shall be a maximum of one 10 hour shift a night without specific approval from air monitoring firm. 01010-1 2.3.2 Workers 10 hour work period shall include set up and removal _ inside containment, worker decontamination, and securing of equipment and work area. Workers shall vacate work area, return equipment to operating condition and vacate building before building occupants return to work. 2.3.3 Work may be performed in only one mechanical room at a time. Contractor shall finish all work within each area and have them cleared prior to beginning removal in the next area. 2.4 Replacement Materials: No replacement materials will be required under this contract. 3.1. Remove asbestos containing thermal insulation from designated piping. 3.1.1 ACM material to remove generally consist of block type amosite high temp asbestos insulation on barrel and connectiong lines of heat exchanger. 3.2 Preparation of heat exchanger for transport to waste site. 3.3 Work schedule: All work shall be between the hours of 8 a.m. and 5 p. M. . 3.3.1 Worker schedule shall include the workers decontaimination period and any clean up periods required. Contractor's employees shall vacate sight at same time period as city employees. 3.4. Replacement Materials: No replacement materials will be required under this contract. 4.1. PHASE 1.: Project shall be considered complete when all abatement work, site clean-up, final air clearance testing, final inspection and waste disposition is finished and work area has been accepted by the Owner's representative and air monitoring firm. 4.2. PHASE 2.: Project shall be considered complete when all abatement work, site clean-up, final air clearance testing, final inspection and waste disposition is finished and work area has been accepted by the Owner's representative and air monitoring firm. 4.3. Sections or work areas considered by the owner's representative to be in suitable condition may be put back into use. Use by the owner shall not be construded as acceptance of work. END OF SECTION 01010 01010-2 SECTION 01040 - COORDINATION 1. CONSTRtiCTION 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. Extension of time or extra cost will not be allowed for failure to order on time and in sufficient quantities. 2. SITE COORDINATION: 2.1 The work under this Contract will be performed while building is being used by custodial and maintenance for other activities. The Contractor shall confine his operations to the portions of the site assigned to him by Owner and shall exercise dilian gence to prevent interference with the activities in progress in other areas of the site. N 3.1 The Contractor shall provide a competent Superintendent, as define by OSHA regulations 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 coordinate the activities of the various trades, subcontractors, etc. involved to complete the project in accordance with the Contract Documents. Project Superintendent shall not be replaced without Owner acceptance of such change. 3.2 Contractors superintendent shall enforce the contractors Respiratory Protection Program, Hazard Communication Program, and collect for analysis all OSHA required personal air monitoring samples for establishing worker level of worker respiratory protection. 4. FINISHED WORK: 4.1 Cover and protect finished floors, steps, treads, walls, etc. against damage by workmen or equipment. 4.2 The Contractor must inspect the facility as necessary to locate any existing damage. Contractor must list IN WRITING any existing damage and shall have list reviewed and initialed by the Architect/Enan gineer prior to beginning any work. The Owner is not aware of any damage at this time, therefore, if at the time of final inspection any unreported damage is 01040-1 discovered, it will be attributed to construction activities and the cost to repair the damage will be deducted from the Contractors final payment. 5.1 Contractor shall be responsible for leaving all finished surfaces clean, polished where applicable and left in perfect condition. Broom clean all areas and remove rubbish from premises to completion of each phase of work. Lot, sidewalks, and streets are to be kept free of rubbish and dirt. Contractor shall provide suitable refuse cans for use of the workmen. END OF SECTION 01040 01040-2 SECTION 01060 - REGULATORY REQUIREMENTS ^ 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. 2.1 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. 01060-1 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. 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: Asbestos END OF SECTION 01060 01060-2 SECTION 01300 - SUBMITTALS 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 shop drawings, samples, and submittal data required by Contract Documents or subsequently by Architect/Engineer. By ~ approving and submitting shop drawings, samples, and 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. 2.1 General: Submit all the following information with bid: 2.1.1. Name and location of at least 5 asbestos abatement projects performed by the Bidder, including name and telephone number of contract representative. 2.1.2. The contractor shall furnish "Patent -Infringement Certificate". 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 3.1 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. 3.1.2. The Schedule of Values, on AIA Document G702. 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 EPA. 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, and evidence of successful completion of AHERA- certified 36 hour training course given by AHERA-certified school. Provide copy of training -certificate given to each worker at the completion of training. 3.1.8.1 List of Men assigned to project 3.1.8.2 Worker Training certificates 3.1.8.3 Licenses 3.1.8.4 Experience Record 3.1.8.5 Medical Examinations 01300-2 3.1.8.6 "Certificate of Worker's Acknowledgement" 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. 2.2.9.. 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). 3.1.10. Proposed Work Schedule: Contractor shall submit proposed work schedule. 3.1.11. Plan of Action: Submit a detailed plan of the procedures proposed for use in complying with the regulations included in this specification. The plan shall include the location and layout of decontamination areas, the sequencing of asbestos work, the interface of trades involved in the performance of work, methods to be used to assure the safety of building occupants and visitors to the site, disposal plan including location of approved waste disposal site, and a detailed description of the methods to be employed to control pollution. Expand upon the use of _ portable HEPA ventilation system, closing out of 'the building's HVAC system, method of removal to prohibit emissions in the work area, and the packaging of removed asbestos debris. Program and procedures for enforcement of companies respiratory protection of employees, fit testing .., and repair of equipment. The plan must be approved by the Engineer prior to commencement of work. 3.1.11.1 Submit Contractor's site emergency plan to include local emergency phone numbers and planned emergency facility to be utilized. 3.1.12. Certificates of Compliance: Certify that vacuums, ventilation equipment, and other equipment required to contain airborne asbestos fibers conform to ANSI Z9.2. 3.1.13. 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 (THIS PAGE LEFT BLANK INTENTIONALLY) f SECTION 01300 - SUBMITTALS 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 shop drawings, samples, and submittal data required by Contract Documents or subsequently by Architect/Engineer. By approving and submitting shop drawings, samples, and 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. 2.1 General: Submit all the following information with bid: 2.1.1. Name and location of at least 5 asbestos abatement projects performed by the Bidder, including name and telephone number of contract representative. 2.1.2. The contractor shall furnish "Patent -Infringement Certificate". 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. ()1,qnn-1 E 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. 3.1.2. The Schedule of Values, on AIA Document G702. 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 EPA. 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, and evidence of successful completion of AHERA-certified 36 hour training course given by AHERA-certified school. Provide copy of training - certificate given to each worker at the completion of training. 3.1.8.1 List of Men assigned to project 3.1.8.2 Worker Training certificates 3.1.8.3 Licenses 3.1.8.4 Experience Record 3.1.8.5 Medical Examinations 3.1.8.6 "Certificate of Worker's Acknowledgement" 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. nignn_9 -- 2.2.9.. 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). 3.1.10. Proposed Work Schedule: Contractor shall submit proposed work schedule. 3.1.11. Plan of Action: Submit a detailed plan of the procedures proposed for use in complying with the regulations included in this specification. The plan shall include the location and layout of decontamination areas, the sequencing of asbestos work, the interface of trades involved in the performance of work, methods to be used to assure the safety of building occupants and visitors to the site, disposal plan including location of approved waste disposal site, and a detailed description of the methods to be employed to control pollution. Expand upon the use of portable HEPA ventilation system, closing out of the building's HVAC system, method of removal to prohibit emissions in the work area, and the packaging of removed asbestos debris. Program and procedures for enforcement of companies respiratory protection of employees, fit testing and repair of equipment. The plan must be approved by the Engineer prior to commencement of work. 3.1.11.1 Submit Contractor's site emergency plan to include local emergency phone numbers and planned emergency facility to be utilized. 3.1.12. Certificates of Compliance: Certify that vacuums, ventilation equipment, and other equipment required to contain airborne asbestos fibers conform to ANSI Z9.2. 3.1.13. 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 01 ` 00-1 GRIMES AND ASSOCIATES P.O. BOX 45 WOLFFORTH, TEXAS 79382 CERTIFICATE OF WORKER'S ACKNOWLEDGEMENT PROJECT NAME DATE PROJECT ADDRESS CONTRACTOR'S NA 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 m inn- i r.. GRIMES AND ASSOCIA TRS REQUEST FOR VISUAL INSPECTION AND CLEARANCE SAMPLING. This is a request for a final visual inspection of the project work area, and request -- for final air clearance sampling in work area. PROJECT AREA I understand as representative for the contractor that should the visual inspection, or the final air -monitoring clearance sample fail the contractor's firm may be charged with the additional cost of air -monitoring resampling . The additional cost will be based on man hours, materials and sample analysis cost. Contractor Competent Person: INSPECTION RESULTS: Visual Inspection: Passed Failed INSPECTORS COMMENTS: SAMPLE RESULTS: PCM Clearance Samples: Passed Failed Contractor released to remove containment Yes No Project Completion Date: Day Q/A Inspectors Signature: Date Competent Person Signature: Date 01300-5 END OF SECTION 01300 01300-6 SECTION 01500 - CONSTRUCTION FACILITIES 1.1 The contractor will use care and all precaution to prevent damage to the facility. The owner is unaware of any existing damage. Before contractor begins any work the contractor shall inspect the work area and furnish to the Engineer a written list of any existing damage discovered during that inspection. Damage discovered after work has begun and not reported will be assumed as caused by contractor and repair shall be accomplished at Contractor's expense. 1.2 The contractor shall remain solely responsible for the safety of workers and sub -contractors, and shall take all precautions for their safety. 1.3 Unexpected ACM: The contractor upon discovery of suspect -ACM materials which were identified previously shall take whatever actions are ^" necessary for protection of the work place and all personnel of the project. 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. 2.1 The owner extends to the contractor the privilege of using the existing water, electricity, heat, and toilet facilities during the project. 2.1.1 Only one toilet will be approved for use by contractor's personnel. The toilet will be designated at the pre -construction conference. 2.1.2 The contractor shall not utilize any of the Owner's telephones, office equipment, kitchen equipment, or any areas of the building for lodging. 2.2 Electrical: 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 to temporary panels (if any are so used) with the properly -sized over current protection device. Ensure all electrical work complies with NEC (National Electric Code). 01500-1 2.2.2 Ground fault: The contractor shall provide receptacle outlets with ground fault interrupters, reset button and indicating -lights for connection to power equipment. 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 sufficient lighting to ensure for safe working conditions. Provide general service incandescent lamps with proper weather -tight covers to protect against exposure to water and breakage. Provide proper candle power for lighting. 2.2.5 Temporary wiring: Comply with NEC. Provide J-boxes with four gang outlet for power tools and lighting provide. Provide separate circuit breaker for each four gang outlet. 2.3 Water: Coordinate desired water connection point with Engineer. Connect to approved existing water outlets. Remove all connections at the end of each work period. At completion of project remove any remaining connections and restore to original condition 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: Contractor shall utilize the designated toilet. 2.4.1 Toilets shall be used by workers whom have been decontaminated and are in street clothing. 2.5 The owner reserves the right to refuse the contractor the use of any of the utility services mentioned above. The owner expressly states that the right to refuse use may be exercised for any reason. The owner shall not be responsible for explanation of such actions. 2.5.1 In the event of such refusal the contractor shall immediately notify and submit alternate plan for obtaining utilities. 3.1 Contractor shall provide for and pay for all cost associated with fire protection on this project. 01500-2 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. 4. SCAFFOLDING AND LADDERS: r-, 4.1 Contractor shall provide his own 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. Scaffolding and ladders shall comply with OSHA and other, standards. 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 Installation of all equipment shall be subject to Owner and Engineers approval. u 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. 6.1 No contractor advertisement or signs will be allowed on project site. 7:1 The contractor shall confine all activities to the areas assigned to him in the project pre -construction meeting, and in no way obstruct other parts of the building or building operations. 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. 7.2.1 The contractor shall properly and effectively store all equipment furnished by him after it's uses and decontamination. 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 01500-3 each shift. All occupied areas shall be broomed clean and restored to original condition at 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 01500-4 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. Workmanship shall be of the best recognized standards known to the various trades. .e 1.2 Transportation and Handling: Methods of crating, transportation, and handling of materials and equipment, on or off the site, shall be in accordance with all Federal, State and Local regulations. END OF SECTION 01600 01600-1 (THIS PAGE LEFT BLANK INTENTIONALLY) SECTION 01700 - PROJECT CLOSEOUT 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. 2.1 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 at least one week 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 Complete (re)installation of any lights, ceilings, insulation, etc. as called for in other sections of these specifications. 3.1.4 Deliver all ACM materials to appropriate dump site within a reasonable time period. 3.1.5 Discontinue and remove from site temporary facilities and services, construction tools, and similar elements. 3.1.6 Prepare (and submit with request for inspection) Progress Payment ^^ request showing 100% completion. 3.1.7 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 01700-1 completed. Results of completed inspection will form initial "Deficiency List" for 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 two copies of completed project manual including original copy of executed waste disposal manifest. 4.6.1 See paragraph titled "Project Manual" in this specification section for information on items which are required to be included in project manual. 4.7 Revise and submit evidence of final, continuing insurance coverage complying with insurance requirements. 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. 01700-2 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. Foldouts will normally be limited to 11"x17" sheets. Light sensitive production techniques are acceptable. 6.3 Sub -Divisions of Data: Project manual shall have data divided with tabs. The titles of the tabs shall correspond to the paragraph -titles below: 6.3.1 Tab #1 - Submittal Information Supplied With Bid: a) Include copy of all data supplied with bid. 6.3.2 Tab #2 - Submittal Information Supplied After Notice to Proceed: a) Include copy of all data supplied after notice to proceed issued by owner. 6.3.3 Tab #3 - Daily Work Log: a) Provide daily record of project activities, including: personal protection equipment used, record of containment differential pressure, and record of results of personnel monitoring. 6.3.4 Tab #4 - Certificates and Notifications: a) Provide Notice to Proceed, Contractor Final Acceptance, and Completed waste manifest. 6.3.5 Tab #5 - Contractor pay request. a) Provide completed pay request. 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, 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. 01700-3 7.4 Contractor shall and does warrant and/or guarantee all work for a period of one year from date of completion as evidence 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. 8.1 Refer to General Conditions, Supplementary Conditions, Special Conditions and individual Sections of Specifications for cleaning requirements related to individual trades and cleanup during the course of construction. 8.2 The Project shall be left free of debris, construction equipment, and surplus material, with all surfaces clean and ready for use by the Owner. 8.3 Contractor will be charged with the ultimate responsibility to see that buildings, grounds, all piping and equipment are thoroughly cleaned before final acceptance of the project. Final cleanup includes, but is not limited to the following: 8.3.1 Cleaning of all metal surfaces in each mechanical room. 8.3.2 Removal of all protective coverings from floors, walls , etc. Clean each work area, sweeping, and mopping floors. 8.3.3 Cleaning of all exposed surfaces of insulation coverings, plumbing, mechanical and electrical fixtures and associated equipment by removing duct, dirt labels, and paint spots. 8.3.4 Lubrication of equipment as required; changing all air filters in all air handling units just before final inspection. 8.3.5 Removal of all discolorations from exposed unpainted zinc -coated steel or iron work. 8.3.6 Removal of all litter, trash, debris, temporary fences, barricades, temporary construction facilities, and waste from the site, leaving the site and premises in an orderly and clean condition. 8.4 The project shall be turned over to the Owner free of concealed garbage, trash and rodent infestation. ,If any of these are revealed, or odors from them occur, they shall be removed by the Contractor at his expense. 9.1 Restore areas provided for construction work purposes, including access drives, to their original condition. Replace damaged curbs, sidewalks, 01700-4 and pavement. Resod/replant all grasses and planted areas where damaged during construction phase. 9.2 Entire construction site and adjacent affected areas shall be restored to new, undamaged condition acceptable to the Owner. 10, FINAL PAYMENT: 10.1 Submit final Application for Payment in accordance with the terms of the Agreement, indicating adjustment of accounts from original contract amount including: 10.1.1 Additions and deductions resulting from change orders. 10.1.2 Deductions for uncorrected work and for liquidated damages, if any. 10.2 Submit Consent of Surety to Final Payment, AIA Document G707. END OF SECTION 01700 01700-5 (THIS PAGE LEFT BLANK INTENTIONALLY) SECTION 02020 - ASBESTOS ABATEMENT PROCEDURES M 1.1. General: This section includes all work necessary to reduce air concentrations of asbestos to the specified level and maintain the specified asbestos control limits during the life of the contract. It also includes removal, containment, and disposal of asbestos -containing materials. 1.2. Work Areas: The work areas include the following: 1.2.1 Phase 1: Municipal Square Building Mechanical Rooms. 1.2.2 Phase 2: City of Lubbock, Holley Power Plant (East of Lubbock on Slaton Highway). 1.3. Materials to Be Removed: The following asbestos -containing materials are to be removed: 1.3.1 Phase 1: ACM block type pipe -insulation and/or cementitious materials on pipe fittings, valves, etc. of the various piping systems in each mechanical room. 1.3.1.1 Remove all such materials within each mechanical room starting at the interior surface of the wall. 1.3.1.2 Inspect each mechanical room to determine the quantity of ACM to be removed. 1.3.2.1 Phase 2: ACM block type insulation and also cementitious materials on pipe and pipe fittings associated with the heat exchanger at the Holley Power Power Plant. 1.2.3.4 Remove such materials from designated point up to body of heat exchanger. Leave insulation on heat exchanger intact (it will be wrapped during the shipping -prep stage). 1.2.3.4 Inspect the site to determine the quantity of ACM to be removed. 1.4. It is the Contractor's responsibility to visit both sites to determine the actual Scope Of 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 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. 2.1. Total Project Schedule: The total project involves construction, demolition, abatement, disposal, etc. of a number of areas. The general project sequence is as follows: 2.1.1 Work shall begin as stated in the contractors notice to proceed and shall be substantially completed in 15 working days. 2.1.2 Contractor shall coordinate his move -in and all work periods with the Engineer in writing 10 days before beginning work. 2.1.2 Phasing: All of Phase-1 work shall be completed prior to working on Phase-2. 3.1. 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. 3.1.1 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. 3.2. 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 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. 4.1. 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 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, IINIP'� 4.2. 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. 4.3. 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. 4.3.1 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. 4.3.2 Contractor shall provide through out the project a complete set of equipment (respirator and disposable clothing) for the Owner's air monitoring/inspector. 5. PREPARATION: 5.1. Isolate each work area for the duration of the work by completely sealing off (where possible) all openings and fixtures in the work area, including but not limited to, heating and ventilating ducts, doorways, corridors, windows, and lighting. Cover with plastic sheeting taped securely in place. 5.2. Before the work is begun clean all removable items and equipment. Remove them from the work area and store as directed. 5.3. Under Phase-1, remove all heating, ventilating and air-conditioning system filters, pack them in sealable plastic bags (6 mil minimum) for disposal in the approved waste disposal site. 5.4 Under Phase-2, completely wrap heat exchanger and all attached piping (which will not be removed) with three layers of 4 mil plastic. Tape air tight. 5.4. 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. 6. GENERAL ABATEMENT PROCEDURES: 6.1. 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). 02020-3 6.1.1 Phase-1: Treat the entire specified work area as a containment, even though glove bags are utilized. 6.1.2 Phase-2: Erect temporary mini -containments around work area and conduct abatement with glovebags. 6.2. 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. 6.3. Remove any removable equipment within the work space and completely wipe down and HEPA vacuum to remove all ACM. 6.4. Perform complete cleanup of work space prior to beginning abatement. 6.5. 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. 6.6. Notify Upon Completion of Removal: Notify Engineer or his authorized representative (air monitoring personnel) that gross removal is completed and have the work assessed. 6.6.1 NOTE: IT REMAINS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO REMOVE ALL ASBESTOS CONTAINING MATERIALS. THE AFOREMENTIONED 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 7. CLEAN UP AND DISPOSAL: 7.1. Provide for cleaning of work are and disposal of containment materials and bagged ACM materials as described in Section 02090. 8. PROJECT CLOSE OUT AND FINAL PAYMENT: 8.1. Provide project close out as described in Section 01700. The Owner and Engineer will perform final inspection of work, and issue "Contractor's Certification of Completion". 8.1.1 Project manual shall include daily logs and contractors air monitoring results generated during project. 8.2. Contractors payment shall be a lump sum amount, payable after completing project close out requirements. Project close out and payment 02020-4 request shall be approved by air monitoring firm, and submitted to owner for payment. END OF SECTION 02020 02020-5 (THIS PAGE LEFT BLANK INTENTIONALLY) T 0 SECTION 02030 AIR MONITORING AND LABORATORY SERVICES 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. 2.1. 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. 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. 3.1. The Owner's 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 4.1. 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. One sample per homogeneous area will be taken to confirm visual assessment of area. 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 air monitoring firm for TEM analysis. The cost for 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. 6.1. Final clearance sampling will be conducted to determine for 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. 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 02030-2 box fan will be used for the suspension of fibers for the duration of the sampling period. 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 NIOOH 7400 method using recommended A counting rules. 7.3. Daily air monitoring reports, by the air monitoring firm, to the Owner will include daily 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. 8.1. The contractor shall have on job site at all times a "Competent Person" 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. 9.1. Laboratory chosen by the Contractor to provide "personnel" 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 NISOH PAT program. 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. 02030-3 END OF SECTION 02030 02030-4 SECTION 02040 - ASBESTOS ABATEMENT INSPECTIONS 1.1 To include General Conditions, Supplementary Conditions, Special Conditions, DRAWINGS, and related documents in Division 00. 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 inspections are not to be construed by the Contractor as a delay in work. 2.1.2 NOTE: The air monitoring firm of the Owner's Representative SHALL SDI be responsible for the Contractor's compliance with any Federal, State, or Local regulations; this remain SOLELY the responsibility of the Contractor. 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 WILL BE PERFORMED UNTIL SUBMITTALS HAVE BEEN REVIEW ON -SITE AND ALL DEFICIENCIES ARE CORRECTED. Copies of all submittals shall be maintained on -site throughout the project. 4.1 Inspection of the work area, work area containment, and 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 Rol M 'COMMbill N I dev.11u f0 W.11 U1151:40 Innels.wl 1-4 Drum Wk W ' f 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 ACM materials. The aforementioned assessment by the representative in no way transfers the responsibility for discovering all ACM to the air monitoring firm. 6.1 Inspection shall be accomplished prior to removal of any poly sheeting. After 4 hours drying time for encapsulates, the air monitoring firm shall perform a visual assessment of work area and also shall take one PCM air sample in the containment area. If PCM samples are acceptable air monitoring firm will take TEM samples. If not -acceptable air monitoring firm shall instruct Contractor to clean again. 7.1 Inspection shall be accomplished prior to removal of any poly sheeting. After final cleaning of the containment area (and after inspection-4 where applicable), 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. 7.2 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 back charged to the contractor (the cost of such re -sampling will be deducted from the Contractor's final payment). 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 02040-2 requiring correction or completion. Punch List items shall be promptly completed by the contractor and resubmitted for the Engineer's approval. 9. F®ILED INSPECTIONS: 9.1 Items requiring corrections shall be accomplished immediately. 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 air monitoring firm. END OF SECTION 02040 02040-3 (THIS PAGE LEFT BLANK INTENTIONALLY) SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION 1.1 This section describes the equipment and procedures for protection of workers against asbestos contamination. 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 Bj 29-CFR-1910.1001 Asbestos 3.1 Coveralls : Provide disposable full body hooded "TYVEK" polyolefin or polypropylene suits. Spun poly suites are not 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. 3.2 Foot Covers: Provide foot covers for workers and inspectors. 3.3 Gloves: Provide water -proof glove for all workers and inspectors. 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. 02050-1 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) 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) 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. 5.2 Contractor shall provide for sufficient number of changes for all workers and inspector on the project. 5.3 Foot Covers: Provide foot covers for worker these foot covers are not to be worn out of the work area. 5.4 Gloves: Provide water proof glove for all workers and require they be worn at all times in the work area. Do not remove gloves from the work area. 5.5 Special Clothing Procedures for Glovebag Removal: 5.5.1 Background: These procedures apply only for abatement projects where glovebags will utilized and where fiber -count does not exceed 0.1 fibers per CC. 02050-2 F-i 5.5.2 Protective Clothing: At the start of each shift the worker will be required to put on two full body suites, and foot wear covers before entering the work area. 5.5.3 Dry Decontamination: All workers leaving the work area will be required to decontaminate in the following manner: A) Before leaving the work area each individual will be required to have thier entire suit HEPA vacuumed. Then, while still wearing their respirator, each person shall remove the outer suit, turning it inside out as it is removed. All removed outer suit shall be placed into a disposal bag and treated as ACM -waste material. B) Each worker shall then exit the work area while still wearing respirator and remaining suit and proceed to shower location for final decontamination. 5.5.4 Final decontamination: A) Workers shall exit work area in second 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, and exits shower to clean room. 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 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. 02050-3 6.1 Minimum Respiratory Requirements: The minimum respiratory requirements for this project are as follows: 6.1.1 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 wearing this type respirator. 6.1.2 Powered Air Purifying Respirators: Use high efficiency powered air -purifying respirators whenever the fiber count is less than 1.0 fibers/cc. 6.1.3 Type "C": Use type "C" supplied air respirators whenever the fiber count is 1.01 fibers/cc or greater. 6.1.4 Restricted respirator type: half -face, air purifying respirators will NOT be used at any time on this project. 4.2.1.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. 6.2 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. 6.2.1 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 SECTION 02070 - CONTAINMENTS 1.1. This section describes the containment and decontamination unit the contractor shall employ for each work area. 1.2. Phase 1 Work Areas: Phase 1 asbestos abatement work will occur in designated mechanical rooms. Each mech room shall be considered a separate work area. Each work area shall be considered contaminated and must be isolated from the rest of the building. 1.3. Phase 2 Work Area: Phase 2 asbestos abatement work will occur on the exterior equipment dock supporting the indicated heat exchanger. Temporary, free standing mini -containments shall be erected around the pipes which will be abated using glovebags. PART 2 - PRODUCTS 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. 2.5. HEPA Filtration Device: Contractor shall provide HEPA filtration device for each work area. 2.6. Wood Studs: Provide stud -grade 2x4, 2x6, 2x8 etc. pine. 3.1. Signs: Contractor shall post warning signs marking each work area. 02070-1 4. PHASE 1 CONTAINMENTS: 4.1. The procedure described below applies only for glovebag removal method. Contractor shall insure all ACM materials removed are removed utilizing glove bag removal technique. 4.2. Containment: As a minimum, Contractor shall isolated each work area from the rest of the building in the following manner: 4.2.1. Entry way: Completely seal entry to each work area/mechanical room. Fabricate doorway from 2 overlapping polyethylene sheeting with opening fit to door way. Position so flaps overlap each other. Provide additional weights at bottom of each for secured closure. 4.2.1.1 Since all the work of this project shall be accomplished with glovebag techniques double airlock is not required. 4.2.2. Critical prep: Completely seal all openings into work area. Seal openings above walls, through floors and all fixtures. Completely wipe down all mechanical room walls and all equipment in the space. Shut down air handling units and place poly sheeting over inlet to fan. 4.2.3. Filtration device: Place HEPA device in work area and position so that air is madeup and discharged in same area (machine to circulate and filter air within work area). 4.2.4. Drop Cloth: Place poly sheeting drop cloth on floor below area where glove bag removal will be performed. 4.2.4.1 Workers performing removal shall stand on drop cloth during removal. Typical scenario involves two men on cloth doing removal and one man off the cloth passing equipment to workers and loading out waste. 4.2.5. Means of egress: Establish and mark emergency exits and fire protection for work area. 4.3. Decontamination unit: Construct decontamination unit in . centrally located rest room which shall be designated at pre -construction meeting. Construct unit with equipment room, shower, and clean room. Rest room area may be used as change area. 4.4. Decontamination Procedure: See Section 02050 for description of dry decontamination procedure. 4.1. The procedure described below applies only for glovebag removal method. Contractor shall insure all ACM materials removed are removed utilizing glove bag removal technique. 02070-2 4.2. Containment: As a minimum, Contractor shall isolated the work area from the surrounding area in the following manner: 4.2.1. Entry way: Completely seal entry to mini -containment. Fabricate doorway from 2 overlapping polyethylene sheeting. Provide additional weights at bottom of each for secured closure. 4.2.1.1 Since all the work of this project shall be accomplished with glovebag techniques double airlock is not required. 4.2.2. Critical prep: Completely wrap adjacent heat exchanger prior to erecting mini -containment. 4.2.3. Filtration device: Connect HEPA exhaust fan to work area so that air is brought in through entry way and discharged through fan. 4.2.4. Drop Cloth: Place poly sheeting drop cloth on floor below area where glove bag removal will be performed. 4.2.4.1 Workers performing removal shall stand on drop cloth during removal. Typical scenario involves two men on cloth doing removal and one man off the cloth passing equipment to workers and loading out waste. 4.3. Decontamination unit: Construct decontamination unit remote to the work area (a portable decontamination unit would be effective here if one were available). Coordinate exact location with air monitoring firm prior to installing. Construct unit with equipment room, shower, and clean room. 4.4. Decontamination Procedure: See Section 02050 for description of dry decontamination procedure. END OF SECTION - 02070 02070-3 (THIS PAGE LEFT BLANK INTENTIONALLY) r 21 = 3 GLE.u[w�+c[ - l-• I 26. 94�A►9Ro%. OvLRwLI. i To RlMovl 3NtLL - - r as FS rf . /QENOY! 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N �p N •� K P FS-- N N N ut ,o �•N{ N S \MLL wL"It •0 h Zl• j•��u•[T M Ql is" � •�< Jtr GT z n n r • _ SECTIOfd Y Y SECTION Z-Z eoa¢ xN.ep h 0 « cf•o- p' O � 1, N �- n ^ , 5CVLL D{:TAIL For OR.7 :C END OF SECTION 02080 02080-9 SPECIAL CONDITIONS -43- (THIS PAGE LEFT BLANK INTENTIONALLY) I SECTION 02080 - ASBESTOS REMOVAL METHOD 1.1 Phase 1: This section describes the removal method lagging and cementitious pipe joint insulation. 1.2 Phase 2: This section describes the removal method lagging and cementitious pipe joint insulation and also preping the vessel for shipping to waste disposal site. for ACM pipe for ACM pipe the method of 2.1 Wetting agents: Provide wetting agents for wetting ACM before disturbance, use either amended water of diluted removal encapsulates. 2.2 Glove bags: Provide 6 mil poly glove bags with workman gloves, tool pouch, flapped opening for pump sprayer, pre-printed with asbestos warning labels, and sized for amount of materials to remove. 2.3 Pump sprayer: Provide pump sprayer with capacity of delivering a spray under pressure. 2.4 Insulation end caps: Provide insulation end caps to cover ACM pipe lagging exiting work areas. 3.1 General: Removal in mechanical rooms will be conducted utilizing a glove bag removal technique inside a isolated work area, with HEPA filtration. 3.1.1 Extent of Work: See attached floorplan and inspect site. 3.1.2 Contractor may work in only one mechanical room at a time. These rooms contain the air handlers which provide cooling and heating vor various parts of the building. It is important to start and finish a room in a single night. If the work connot be finished in a single night then the air handling units must be returned to operational condition before then of the work period. 02080-1 3.2 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. 3.3 Pipe Lagging Preparation: 3.3.1 Inside critical prepped room thoroughly wet all insulation to be removed with amended water or penetrating encapsulates, and allow to soak in thoroughly. 3.3.2 After material is saturated check all pipe for loose or damaged areas, wrap pipe and lagging with poly and candy stripe with adhesive tape. 3.4 Installation of glove bag: 3.4.1 Place one layer of tape around pipe on each side where glove bag will be installed. 3.4.2 Place all necessary tools in bags tool pouch, include bone saw, utility knife, rags, scrub brush, wire cutter. 3.4.3 Slip bag over pipe and reinforce top portion of bag with adhesive tape, fold top and staple reinforced area. 3.4.4 Tape sides of bag to previous installed tape, seal tightly, and allow for working room above pipe. 3.4.5 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. 3.4.6 Insert wand of spray pump in sprayer hole and tightly seal with tape to bag. 3.4.7 Insert nozzle for HEPA vacuum in opening of bag and tape to form air -tight seal. 3.5 Removal of asbestos Pipe Lagging with glove bag: 3.5.1 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. 3.5.2 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. 3.5.3 Thoroughly rinse removal tools and place back in pouch. Remove scrub brush and rags. Scrub/wipe pipe to remove remaining materials, 02080-2 clean and rinse thoroughly. NO ACM TRACE AMOUNTS WILL BE ALLOWED TO REMAIN. 3.5.4 Spray encapsulates on thoroughly cleaned pipe, and seal both ends of remaining ACM pipe insulation. 3.5.5 Contractor shall seal ends of fiberglass pipe lagging in the same ® manner as ACM pipe lagging. 3.5.6 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. 3.5.7 Remove spray nozzle and twist opening and seal. 3.5.8 Clean interior walls of bag (pay particular attention to the top half of the bag) with clean cloth. 3.5.9 Turn on HEPA 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. 3.5.10 Loosen both ends where bag touches tape and remove bag. 3.6 Disposal of glove bag: 3.6.1 Position labeled disposal bag below glove bag and slide glove 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". 3.7 Special conditions: 3.7.1 At locations where pipe runs penetrate walls, floors, or overhead, place plastic caps in glove bag and seal to exposed end of pipe. Form flush seal with penetrated surface. 3.8 Notify Engineer or his authorized representative (air monitoring personnel) that gross removal is completed and have the work assessed. 3.8.1 NOTE: IT REMAINS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO REMOVE ALL ASBESTOS CONTAINING MATERIALS. THE AFOREMENTIONED 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. 02080-3 4.1 General: Removal in mini -containments will be conducted utilizing a glove bag removal technique with HEPA filtration. 4.1.1 Extent of Work: See attached heat exchanger detail and inspect site. 4.1.2 Prior to erecting any mini -containments prep heat exchanger for shipment. 4.2 Heat Exchanger Preperation: Once the heat exchanger has cooled, spray encapsulant on all exposed insulation surfaces. After encapsulant is completely dry, wrap entire heat exchanger and all attached -to -remain pipes with three layers of 4 mil plastic (leave all existing steel insulation - coverings in -place; do NOT remove). 4.3 Abatement Procedure: Follow procedure described for phase one except after glove bag is in -place remove steel insulation covering and tape edges so that the steel will not cut the glove bag. 4.3.1 Extent of abatement required: Inspect site and remove insulation from mark on insulation down to the surface of the heat exchanger. 4.4 Heat Exchanger Removal and Disposal: After insulation has been removed from indicated pipes and after all air samples and clearance have been accomplished, Contractor shall remove all mini -containment materials and shall standby as Owner removes heat exchanger. 4.4.1 Owner shall use crane to lower heat exchanger onto Contractor's truck. Contractor shall then transport heat exchanger (with ACM insulation intact) to waste disposal site and dispose of as a single unit. 4.4.2 Contractor shall coordinate with all necessary government agencies and with disposal site to ensure that now delays are encountered during disposal. 4.4.3 Contractor shall pay all shipping and all disposal costs. Contractor may work in only one mechanical room at a time. These rooms contain the air handlers which provide cooling and heating vor various parts of the building. It is important to start and finish a room in a single night. If the work connot be finished in a single night then the air handling units must be returned to operational condition before then of the work period. 02080-4 City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 March 18, 1991 PADGETT CONSTRUCTION COMPANY P.O. BOX 2895 ATTN: LEO PADGETT LUBBOCK TX 79408 Office of Purchasing SUBJECT: A.C.M. ABATEMENT MUNICIPAL SQUARE & HOLLY AVENUE POWER PLANT The City of Lubbock, having considered the proposals submitted and opened on the 28th day of February, 1991, for work to be done and materials to be furnished in and for: City of Lubbock Bid )# 11161 A.C.M. Abatement Municipal Square & Holly Ave Power Plant 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 March 14, 1991, at the bid price contained therein, subject to the execution of and furnishing of all other documents specified and required to be executed and furnished under the contract 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 retained by the City of Lubbock. CITY O LUBBOCK Gene Eads, C.P.M. Purchasing Manager (THIS PAGE LEFT BLANK INTENTIONALLY) MAP IN FILE SEE RESOLUTION 3.4.A1 REMOVE ASBESTOS FROM CROSSHATCHED MECHANICAL ROOMS INSPECT SITE TO DETERMINE EXTENT OF WORK REQUIRED FIRST FLOOR PLAN SCALE: 1" = 30'-0" DATES O4MO O"Ift To CH82MM &S F"SK". DAM 9 *rT ND. 2 of 3 2. D- O 0 e pq u � ROOM V ROOM 5 MECH ROOM 9 MECH ROOM 10/11 .—r SECOND FLOOR PLAN I�Al� SCALE: 1" = 30'-0" S 3JAm*j I REMOVE ASBESTOS FROM CROSSHATCHED MECHANICAL ROOMS INSPECT SITE TO DETERMINE EXTENT OF WORK REQUIRED DALE:04JM f DRAWN: 1W cw-c lk ipe Mom DAZE SHEET NO. 3 of 3 o zogc)r-7 BASEMD SCALE: 1" T FLOOR PLAN 30'-0" � REMOVE ASBESTOS FROM CROSaHATCHED MECHANICAL ROOMS INSPECT SITE TO DETERMINE EXTENT OF WORK REQUIRED H g Z W W H Q m Q O x LLI m m U) Q LL. 0 O 5 tY J Q U_ Z Q 2 U L►J DATE 04JMM DRAM TITS FIEVIS tk DATE SHEET NM 1 OF 3