HomeMy WebLinkAboutResolution - 5001 - Contract - TMI Coatings Inc - Repainting Elevated Storage Tanks - 10_19_1995Resolution No. 5001
October 19, 1995
Item #21
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 and all related documents by and
between the City of Lubbock and TMI Coatings, Inc., of St. Paul, Minnesota, to furnish and
install all services and materials as bid for the Repainting Elevated Storage Tanks, for the City of
Lubbock, which contract is attached hereto, 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 hei
Passed by the City Council this
ATTEST: -
Betty A Johns'64—City Secretary
APPROVED AS TO CONTENT:
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Victor Kilman, PuVchasing Manager
APPROVED AS TO FORM:
Ekniald G. Vandiver, First
Assistant City Attorney
4p:ccaocs\1MJtes
October 6,1995
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CITY OF LUBBOCK
SPECIFICATIONS FOR
REPAINTING ELEVATED STORAGE TANKS
BID 413330
CITY OF LUBBOCK
Lubbock, Texas
City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
BOB-767-2167
MAILED TO VENDOR: -
OLD CLOSE DATE:
NEW CLOSE DATE:
August 8,1995
August 10,1995 @ 2:00 P.M.
August 15,199S @ 2:00 P.M.
Office of
Purchasing
BID #13330 - REPADrMG ELEVATED STORAGE TANKS
ADDENDUM #2
Please modify or amend Contract Documents as follows:
1. The Close Date of the bid has changed from August 10,1995, at 2:00 P.M. to
August IS, 199S, at 2:00 P.M.
2. Section 01010, 1.4, A, 4, Retain an independent Certified Lu nstrial Hygienist to be
onsite only during lead abatement process according to Section 09900 instead for the
duration of the entire project
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PLEASE RETURN ONE COPY WrM YOUR BID
d
City of Lubbock
P.O. Box 2000
Lubbock, Texas 7J457
606-767-2167
MAILED TO VENDOR
CLOSE DATE:
August 4,1995
August 10,1995 @ 2:00 P.M.
BID #13330 - REPAINTING ELEVATED STORAGE TANKS
ADDENDUM #1
Please modify or amend Contract Documents as follows:
Please find enclosed a copy of the Bidder's sign -in sheet.
Office of
Purchasing
2. The antenna on top of the elevated storage tank will be removed and reinstalled by the
owner at no cost to the Contractor.
3. Contract Time will be 180 calendar days from the Notice to Proceed instead of 160
calendar days.
4. The Time Restriction for Performing Work: Monday through Friday, 8 am. to 5 p.m.
Due to the nature of this project, extended hours and work days are available to the
Contractor upon request to the Senior Engineer three (3) days in advance according to
Section 01010, 1.6, page 3. The Owner will be responsible for the cost of the Owner's
Inspector for the duration of the project.
5. The existing Cathodic Protection systems on each reservoir is operational. It will be the
responsibility of the Contractor to remove and reinstall the anodes and all associated
wiring while cleaning and painting each tank.
6. In Section 09900, Part 1.5 (C), page 3, the ventilation system for tank shall be designed
for no release to the atmosphere and to meet TNRCC, OSHA, and EPA rules and
regulations. Utilizing negative air pressure with sufficient air flow through the work
area to carry dust will be at the discretion of the Contractor to comply with all the rules
and regulations of the three agencies mentioned here.
PLEASE RETURN ONE COPY WITH YOUR BID
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PREBM CONFERENCE #13330
REPAUITTING ELEVATED STORAGE TANKS
August 3, 1995 c@ 10:00 A.M.
Personnel Conference Room, 108
REPRESENTATIVE ADDRESS
Ron Shuffield 1625 13th Street, Lubbock:, TX
PHONE #
767-2170
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CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: REPAINTING ELEVATED STORAGE TANKS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13330
PROJECT NUMBER: 9842.9241
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
7
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
11. SPECIAL CONDITION
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #13330
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the
r" Purchasing Manager, Municipal Building, 1625 13th Street., Room L04, Lubbock, Texas, 79401, until 2:00 o'clock a.m. on the
loth day of August, 1995 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:
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"REPAINTING ELEVATED STORAGE TANKS"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing
Manager and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of the 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 24th day of August, 1995, at the Municipal Building, 1625 13th Street,
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
r► $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Ratin 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 $25,000.00 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 bid 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.
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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. There will be a pre -bid conference on 3rd day of August, 1995, at 10:00
r o'clock am. in the Personnel Conference Room, 108, 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, disability, or national origin in consideration for an award.
4!. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
L format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
J�,7tej f5
VICTOR MQ���
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164,
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the REPAINTING ELEVATED STORAGE TANKS.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General 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. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification concerning
this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TEXAS 79457
FAX (806)767-2164
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 160 (ONE HUNDRED SIXTY )
consecutive 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 submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
7. 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.
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8. 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 protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
10. 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 directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. 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 materials to be
incorporated into the work without paying the tax at the time of purchase.
13. 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 construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
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15.
BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
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 frill responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
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.
16. 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.
17. 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 notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The 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.
18. 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 speed 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 thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction 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.
19. 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 by 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 deductions (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.
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.
20. PROVISIONS CONCERNING ESCALATOR CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
21. PREPARATION FOR BID
The bidder shall submit his bid 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 intends to do the work contemplated or furnish the
materials required Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy
between the price written in words and the price written in figures, the price written in words shall govern. If the bid is
submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm,
association, or partnership, the name and address of each member must be given and the bid signed by a member of the
firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the
company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent.
Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted
with the bid. The bid shall be executed in ink.
Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside
of the envelope in the following manner:
(a) Bidder's name
(b) Bid for (description of the project).Bid submittals may be withdrawn and resubmitted at any time prior to the time set
for opening of the bids, but no bid may be withdrawn or altered thereafter.
22. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Subnuttal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) 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.
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PLACE: St. Paul, MN
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BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE: August 14, 1995•
70
PROJECT NUMBER: 13330 -REPAINTING ELEVATED STORAGE TANKS
Bid of TMI Coatings, Inc. (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 Repainting Elevated
r Storage Tanks — Bid #13330
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
1 documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the
1 intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
MATERIALS: One Hundred Fifty Eight Thousand and no/100 Dollars (S 158,000 )
7 SERVICES:Five Hundred Fifty Two Thousand and no/100 Dollars ($ 552,000 )
r TOTAL BID: Seven Hundred Ten Thousand and no/100 Dollars ($ _710,000 )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 160 (ONE HUNDRED STXM 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 $200.00 (TWO 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 submittal shall be completed and submitted in accordance with instruction
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.
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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.
I 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
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before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for — Dollars
or a Bid Bond in the sum of Five Percent of Bid Dollars (S 5% ), which it is
agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents and the required bond (if any) with the O'Amer within ten (10) days
after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
7
Co for
.1ames D_ Imre/CFD
(Printed or Typed Name)
TMI Coatings;
Inc.
Company
2805 Dodd
Road
Address
St. Paul
Dakota
City,
County
MN
55121
State
Zip Code
Telephone:612
- 452-6100
Fax Number: 612 452-0598
(Seal if Bidder is a Corporation)
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ATTEST:
S retary NeiYJ. Klefn, Sec.
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LIST OF SUBCONTRACTORS
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Minority Owned
Yes No
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RHLIANCL INSURANCE CQMPANY
HOME OFFICE. PHILADELPHIA, PENNSYLVANIA
Bond No. Bid Bond
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A•310 (FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, THAT WE TMI Coatings, Inc., 2805 Dodd Road,
St. Paul, MN 55121
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia,
Pennsylvania, acorporation duly organized underthe laws of the State of Pennsylvania, as Surety, hereinaf-
ter called the Surety, are held and firmly bound unto
City of Lubbock, 1625 13th Street, Room L04, Lubbock, TX 79401.
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Total Amount Bid
Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our-
selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has submitted a bid for Repainting Elevated Storage Tanks
NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding orContract Documents with good and sufficient surety forthe faithful performance
of such Contract and forthe prompt payment of laborand material furnished in the prosecution thereof, or in
the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with another party to
perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
Signed and sealed this 15th
(Witness)
RECENED
AN 11 '95
day of August
A.D. 19 95
_ TMI Coatings, Inc.
(Principal) (Seal)
4%dry
Jades D. Imre (title)
EO
RELIANCE INSURANCE COMPANY
BDR-2305 Ed.10-73
TMI COATINGS, INC.
Kathryn A. Dircz, Attorney In Fa
c
r
(INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT)
r ATE OF }
ss
COUNTY OF )
C 1 the day of , 19 , before me
a Notary Public within and for said county, personally appeared,
I•-
t ^ me known to be the persons) described in and who executed the forcgoing instrument, as Principal(s), and
acxnowledged to me that he_, executed the same as _he, free act and deed.
(Notarial Seal)
Notary Public,
County,
My commission expires
71 CORPORATE ACKNOWLEDGETMM1
STATE OF MINNESOTA )
AUNTY OF DAKOTA ) ss
gn the 14TH day of AUGUST ,19�5 ,before me
lrsona]ly appeared IAMFS - TMRF
to
]mown, who being by me duly sworn, did depose and say: that he resides in DAKA OTA COUNTY , MN
r, that he is the CEO President of the
the corporation described in and which executed the foregoing instrument; that he knows the sea] of said corporation;
rat the sea] affixed to said instrument is such corporate sea]; that it was so affixed by order of the board of directors of
id corporation; and that he signed his name therlike order.
GLORIA C. GRONOW
,01 AltY PUBLIC
MN COMMISSION EXPIiics
JANUARY 31. 2000
Q
Notary Public, MINNESOTK
County, DAKOTA
(Notarial Seal) My commission expires 1-31-00
ACINOWLEDGEMENT OF CORPORATE SUREIY
F:ATE OF Minnesota }
rn
UNTY OF Dakota ss
the 15th day of August ,19 95 , before me
speared Kathryn A. Dircz
me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorncy in fact of the
Reliance Insurance Company a corporation; that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, and that said instrument was signed and scaled in behalf of said
,,rporation by the aforesaid officer, by authority of its board of directors, and the aforesaid officer acknowledged said
strurncnt to be the free act and deed of said corporation.�-
WROTHY M. CARRiERE
WTA" PUMM-41INNsarA Notary Public, t�vn t
W COWSSION O(PIFIES Tat-iOW �IL
-- - _ County J
I(Notarial Seal) My commission expires -�3/- C;?L}GL''
7- RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
I
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
rKNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
1 aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duty organized under the laws
If the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called 'the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Kathryn A. Dircz, Mark N. Kempf, Cathy Albachten, Veronika M. Petersen, Dennis G. Diessner., of Bumoville. Minnesota
PON their true and lawful Attorney(O-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds
and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as If such bonds and undertakings and other
Writings obligatory In the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such
t I officers, and hereby ratifies and confirms all that their said Attorney(s)-irkFact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
l7 RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
G provisions are now in full force and effect, reading as follows:
ARTICLE VII • EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Drocters, the President, the Choirrnan M tar Board, any senior Vcs President. any Vice Prooiderht or Assistant Via Pnoidwx or ,ruler officer designated by the Bard of
Directors chap hays Power ad otrtMaity to W appoint Anrneyt*Hfoot ad to wrthortre them to etuouts on behalf of the Company. bonds and u d.n.koVs, recognia a. eontrwu of rndenmvxty
find etherwritings ablpatoryif the nstcra lfhereof, and W toremove my ash AnorrrytitHrrfact at arw time and revoLe the Power ord authority Omen to then.
2. AnrnsylsWt•Fact shall be" power and acthonty. a Avm to tar tortro and limitations of the Power of Attorney ram ad to than, to weaxo ds6ver on behalf M the Company. bade
f and udrtakirtps, wcognaaroas. emdrocu of indemnity and other —9 ti reps abloaory in tar natty thereof. The ttarporae seal r not rreosorY for the validity M any bonds and wdonakrpa.
Irecopnastoss, oarrrecu of indemnity and other writirpa abiiOrory in the name thereof.
]. AnertrylsHn-Fam shop have power and outttority to assare affidavits ngWred to be attached to bonds, retwnQarres, Contracts of nderrv■ty or ether eenditionet or abYgatory
hrdatakrVe ad they oilers Noo Mir power and outhenty to sertifv the fin-rrual aaarhom at to Company and to sop" of the Bylewa of the Conhpahy or enter article or section tfunof.
This Power of Attorney in siotid and sealed by facaimils under ad by authorky of to fallowing tiss"on adopted by the Executive and Pin —ice Commmoes of the Boards of Dinars of Reliance
rhstrorwo CCmpaty, United Pu is btsuraroe Company and flakrm National Indarrhrhity Company by Unaramom Carver dated an of Fobwvy 28. 1094 and by the Executive and financier
Comminse of the Bard of Dinetrs of IWiatu Surety Compvey by Unsrmas Consent dated as of March 31, 1804.
'Resolved that the signatures of such directors and officers wd the wal of the Crnpany may be affixed to wry ash Power of Attorney or orw wrtihertes ndsuv t erste by
ql fsaimYo,a d very such Power of Attorney or wrtif"s bawvV with lamrnils sVnatuw or faaimde wet @W be valid and bwdinp upon the Cempww and wry such Power so
envAod and eardfied by facmin le aMnatures and laewmihs wal httes be valid and binding upon the Company, in the tzars with resoeel, to any bond or trdrtakhng to which It is
attsehd.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 29.
1995.
Er RELIANCE SURETY COMPANY
►� we RELIANCE INSURANCE COMPANY
x�h��d�►~uJ�`r `�? .• �ro�, UNITED PACIFIC INSURANCE COMPANY
SLLL . • " 'F �SE4� RELIANCE NATIONAL INDEMNrrY COMPANY
d tsar = SFUL
�asAtrf�� •� ! • ��-, Jr tie}ems ��rs��
•
STATE OF Pennsylvania
COUNTY OF Philadelphia as.
On this, March 29, 1991, before me, Valencia Worsham, personally appeared Charles B. Schmalz, who acknowledged himself to be the Executive
Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duty authorized officer.
If�h In witness whereof, 1 hereunto set my hand and official seal. ; lA
` �h�NIV Y
NOTAE$AL SEAL
OF
VALENCIA WORTHAM. Notary pub0c CRy Of Phdadelphw Ptula. Counter Notary Public in and for the State of Pennsylvania
IN .COmmission Expres Nov. 1a. 1 Residing at Philadelphia
I, Anita Zippert, Secretary of RELIANCE SURETY COMP Y, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
Per executed by said Companies, which is still in full force and effect.
t
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15WIct August 19 95
Secretary
A&& affair
�tfi f'y hht hai'fV (rag
tAwd "a,w•M'
PAYMENT BOND
BOND CHECK
BEST RATING
LICENSE I TWS
DATE BY
7
r
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 TMI Coatings, Inc. (hereinafter called the Principal(s), as
Principal(s), and
Reliance National Indemnity Company, 4 Penn Center Plaza, Philadelphia, PA 19103
(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 Seven Hundred Ten Thousand Dollars (S 710 , 000. ) lawful money of the United States for the
payment whereot the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
W1WREAS, the Principal has entered into a certain written contract with the Obligee, dated the 19th day of
October .19 95,to Repaint Elevated Storage Tanks Bid #13330
City of Lubbock, Texas
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 subcontractor in the prosecution of the work provided for in said contract, 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.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 27th day of
October 19 95.
Reliance National Indemnity Co.
Surety
(Title) Kathryn A. Di rcz
Attorney In Fact
TMI Coatings, Inc.
Principal
By:
e) C F o
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
David Brenholtz 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.
David Brenholtz Reliance National Indemnity Co.
Hettler/Brenholtz Insurance Surety
P.O. Box 53415
Lubbock, TX 79424-1311
By: J�
(Title) Kathryn A, Dircz--�
Attorney In Fact
Approved as to form:
City of Lubbock
By:
i 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 sip such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
PERFORMANCE BOND
BONE) CHECK
BEST RATING
LICEIVSE I
DATE 1 BY el --
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
n.
KNOW ALL MEN BY THESE PRESENTS, that TMI Coat ' (her ,inaftter called the PrinciP�(s ), as Princi P�(s), and
Reliance National Indemnity Company, 4 Penn Center Plaza. Philadelphia, PA 19101
(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 Seven Hundred Ten Thou sand Dollars (S 710 , 000 .) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, 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 thel9t1day of
October , 1995 to
Repaint Elevated Storage Tanks Bid #13330
City of Lubbock, Texas
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
perform 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.
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 scaled this instrument this Z7tiday of
October , 19-25_.
Reliance National Indemnity Co.
Surety
* By. _1�2L /V
(Title) Kathryn A. Dircz
Attorney In Fact
TMI Coatings, Inc.
Pri;C)
l
By:
G �D
By:
(Title)
By:
(Title)
i
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
D : Brenholtz 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.
E
David Brenholtz Reliance National Indemnity Co.
EI Hettler/Brenholtz Insurance Surety
tJ P.O. Box 53415
Lubbock, TX 79424-1311
*By- � A'n�-�`/
(Title) Kathryn A. Dircz
Attorney In Fact
Approved as to Form
City of Lubbock
i 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.
(INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT)
r
STATE OF )
ss
7OUN7Y OF )
On the day of .19 , before me
7, Notary Public within and for said county, personally appeared,
to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and
r—.knowledged to me that _he_ executed the same as _he_ free act and deed.
G:
Notary Public,
County,
(Notarial Seal) My commission expires
CORPORATE ACKNOWLEDGEMENT
TATE OF �% iv►M �.e )
'COUNTY OF ss
r
)n the day of ,19 5 5— , before me
personally appeared
P'n me known, who being by me duly sworn, d de ose and say: that he resides in
f
that he is the y4C&k -Rt of -the
,ne corporation described in and which executed the foregoin i
iat the seal affixed to said instrument is such corporate seal; that
said corporation; d that he signed his name thereto by like order.
GLORIA C.
A NOTARY PUBLIC rv+INq
nsfrumenr, that he knows the seal of said corporation;
it was so affixed by order of the board of directors of
Grua. Gr
C01v1M;5StON E?trlRzS Notary Public,�'�_p�/,�
JANUARY 31,
.. 2000
County,
(Notarial Scal)
My commission expires / - -3 / — O 4
r ACKNOWLEDGEMENT OF CORPORATE SURETY
1.
STATE OF Minnesota
7.-ouNTY
OF Dakota ) ss
rDn the 27th day of October 21995 , before me
''Lppeared Kathryn A. Direz
to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the
Reliance National Indemnity company a corporation; that the seal affixed to the foregoing
nstru rent is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said
L .-orporation by the aforesaid officer, by authority of its board of directors, and the aforesaid officer acknowledged said
instrument to be the free act and deed of said corporation.
---------------
. OOFWTHY M.
OTA
r
I
(Notarial Seal)
Notary Pub
County,
My commission expires
i«i
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
7
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively celled 'the Companies') and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Kathryn A. Dircz, Mark N. Kempf, Cathy Albachten, Varonike M. Petersen, Dennis C. Diessner., of Burnsville, Minnesota
their true and lawful Attorney(s)•in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds
and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other
Writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such
officers, and hereby ratifies and confirms all that their said Attorneys) -in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
s RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VI! - EXECUTION OF BONDS AND UNDERTAKINGS
i 1. The Board of Directors. Ito President. the Chairman of the Board. any Senior Vern ProsWent. any vice President or Assistant: Vice Prwdw or otter officer designated by Yr Board of
Directors shell have power and authority to W appoint AttorneyeHi►Fact and to wnhorive Yam to exeado on behaaf of the Company. bonds and tMrtakirhps, recegnizances. contracts of indarhnhy
and ether writings oblipstory in the native thereof, and Ibl to remove any such AttorneyeHrrFact st any time and revoke she power and authority Been to them.
2. Anal rryfaH n-Fact DWI have power and authority, subject to the toms and imitation of the Power of Attorney issued to arm. to wrote deliver on behalf of the Company. bonds
([ and udertArVe, recognizncces. Contracts of Indemnity and other writings obhostory In the nature thereof. The corporate tool a not neaonay for the validity of awry bands and tndenakirags.
recogrita ow srnhtracts of identity and other writings obligatory, in she nature thereof.
7 2. Attorr"IsH mFect dell hew power and authority to "a. affidavits romiked to be onschod to bade. raw ecopnarres. contracts mnn lindeity or ether earth iorW orr obboory
undertakings and they shad also have power rd authority to owdfy the financial staternent of the Company and to Cope of the By -Lows of the Company or any orrice or section thereof.
i This Power of Attorney is signed and saved by facalmlle viler and by ainhhority of the foUwnp resolution adopted by the Executive and Finance Committees at the Boards of Directors at Reliance
barren Company. United Padfic Insurance Company and Raance National kdatnnsty Company by Unanimous Court dated as of February 20. 1124 rd by the Executive and Fnaneid
committee of the Board of Directors of Reliance Surety Company by Una anra Correa dated as of March 31. 1994.
'Rssol led Out the signatures of such directors and officers and the sW of the Company may be affixed to any such Power of Attorney or any certificates relating Ywets by
l facsimie a d and such Power of Attorney or certificate bearing such facsimile signatures or facsimile sew stoat be valid rd binding upon Yhs company and any such Power so
executed and certified by facsimile signatures and facsimile a" shell be valid and boding upon the Company. in we hrtvo with resperx to rry bond or u dertsking to which It is
attscrd.'
Pie
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate sealsl to be hereto affixed, this March 29,
1995.
v 6 RELIANCE SURETY COMPANY
r+ tee 000 hht ere �geu' r"e RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNIFY COMPANY
04
a was+ SE,ti loss
°C.,rw� . for? •S / �y t.
STATE OF Pennsylvania
COUNTY OF Philadelphia ss.
On this, March 29, 1995. before me, Valencia Worsham, personally appeared Charles B. Schmalz, who acknowledged himself to be the Executive
Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal. r IA
j �foHa
=VALENM
TAR1r1L SE OF
Pa ORTHIAM, Notary PubUG Notary Public in and for the State of Pennsylvania
delphia, Phila. County Y Residing at Philadelphia
n Ex res. Nov. I& 1
1, Anita Tppert, Secretary of RELIANCE SURETY COMP Y, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
P" RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27 of October 19 95
b
Secretary
tK Wet
fir' .}�.r�0*4e•�
t A n r hue teyy "e°ey4 j. .KAL
3j �SEAt,� r`I SIF.U,' " ``. '..•..+.
f 3' • .
Vasil
LAW
CERTIFICATE OF INSURANCE
CERTIFICATE OF INSURANCE
2
r
0
Flo
TO: CITY OF LUBBOCK DATE: 10/ 30/95
P.O. BOX 2000 �ypE OFpROJECT:
LUBBOCK, TX 79457 Repainted Elevated Storage Tanks
TMI Coatings, Inc. Project#Bz
TffiS IS TO CERTIFY THAT �Sj- pDodd mTad55171 (Nameand Address of Insmx d) is, at the date of this
certificate, insured by this Company with respect to the business operations hereinafter described, for the typed 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 NUMBER
EFFECTIVE
EFFECnvE
IMMS
DATE
DATE
GEyz LLUB1LlTY
V ; Commercial General Liability
General Awv,t S 1,000,000
�° Claims Made
129984495
04/01/95
04/01/96
�W�G So
Personal gnn.'nnnt
CaeQQn
n Akg�• P-i6J t
/
Fire Damap (Any an Faro) S .13ulluuu
BINDER N0.
11/15/95
11/15/96
1(; ifs; )UcS - 00 Ag
AUMMOTTYE'LUB=
5 00 000
:@ Any Auto
Combined Su gle Limit S ,
0 All Owned Autos
Bodily k*iry (Per Pelson) S
0 Scheduled Autos
Bodily k4ury (Per Accident) S
b hued A,
Property Damage S
M Noa-0wnedA,
129984464
04/01/95
04/01/96
0
a Auy Auto
Auto only -Each Accident S NA
0
other than Aura Only: NA
Each Accidet S
A8gegate S
a BUWE.RSP_=
NA
Contract Price
BMAUAITO 1�AM
BINDER M.:.
11/15/95
11/15/96
710,000.
ALIAS=
10 Umbrella Form
129984481
04/01/95
04/01/96
EachOeanrcace S 5,000,000
AWnde S
a Otber Than Umbrella Farm
S_bjg_
WOMMUCOMPFNSMONAND
EWLOYETtS'ZZWff.rlP
ThePropridarl S Lauded
129984478
04/01/95
04/01/96
statutory
Partacrsewcutivie a Excluded
Otter are:
-
EachAaade�t� $ 100,000
Disease PoScy twit S
asaF�az DiseEmployee S luu,W
ozrMR
Certificate Holder
is an additio
al insured
under the
beneral Liability and Business Auto
,Liability. Waiver of Subrogation applies under -the General Liability, Business Auto
Workers Compensation. Project:Location: 50th Street & Joilet A4e., 6001 N. Guava Ave.,
37th_& Guava Ave.. Lubbn k. TX _
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 regiured af= the insured has received written notice of such change or cancellation, or in case there is no legal
requirement, in less than fiR6 days in advance ofcancellation.
10
FIVE COPIES OF THE CERTIFICATE OF INSURANCE CNA Insurance Cg==
MUST BE SENT TO THE CITY OF LUBBOCK M
r
rr Title:
1.
08,AUG 14 '95 15:17 612 890 0535
p'NO ^78 902
CITY OF LUBBOCK
INSUYUNCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate insurance AAcat/Bmker 11
1. the undersigned Agent/Brokcr, certify that the insurance requirenumts contained is this bid document have been reviewed
by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of
Lubbock, I will be able to, within tea (10) days after being notified of such award by contractor, furnish: a valid insurance
certificate to the City meeting all of the requirements defined in this bid/proposal.
Mark Kampf
Agent (Signature) Agent (Print)
Name of Agent/Broker.
Osborne & Associates -
Address ofAgcnt(Broker. 1935 West Burnsville Parkway
City/State/Zip: Burnsville, MN 55337
OM Agwit/Broker Telephone #: (_) 890-0414
Date: August 14, 1995
CONTRACTOR'S NAME: TMI Coatings, Inc.
(Print or Type )
i CONTRACTOR'S ADDRESS: 2805 Dodd Road
f Eagan, MN 55121
i
e
h NOTE TO AGENT/BROI ER
If this time requirement Is not met, the City has the right to reject this bid/proposAl and award the contract to
another contractor. If you have any questions concerning these requirements, please contact the Purchasing
Manager for the City of Lubbock at (8061767-2165.
�In • RFP klNl-T.'G ELEVATED STORAGE TANKS
i
i'
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper
reporting of classification codes and payroll amounts and filling of any coverage agreements;
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(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to
beginning work on the project;
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(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity
will have on file certificates of coverage showing coverage for all persons providing services on the
project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of
the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor
knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be
covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice
!" does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be
printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common
to the worker population. The text for the notices shall be the following text provided by the commission on the
'.. sample notice, without any additional words or changes:
7
REQUIRED WORKERS' COMPENSATION COVERAGE
r- "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or
providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an
employee."
"Call the Texas Workers' Compensation Commission at S 12/440- 3789 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to
provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the
project;
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(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
r.- (F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter-,
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the
person knew or should have known, of any change that materially affects the provision of coverage of any
person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) -
(H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑
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No Text
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7 CONTRACT
•n STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 19th day of October 1995, by and between the City of Lubbock, County
7 of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to
as OWNER, and TMI COATINGS, INC., of the City of St. Paul, County of Dakota, and the State of Minnesota, hereinafter
termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
p., agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #13330 - REPAINTING ELEVATED STORAGE TANKS - $710,000.00
1 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
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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 bid
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.
APPRO AS TO CO
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Owner'i Representative
_ ►P�VED AS T FORM: (/
Uitj-Attorney
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ATTEST:
CONTRACTOR
TMI CO TINGS, INC.
By: ),
PRINTED NAME:��-
TITLE: C f D
COMPLETE ADDRESS:
TMI Coatings, Inc.
2805 Dodd Road
St. Paul, Minnesota 55121
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GENERAL COMMONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
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4.
S.
6.
7.
GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
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, co -partnership or corporation, to -wit: TMI Coatings, Inc. who has agreed to perform the
work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used m this contract, it shall be understood as referring to
MIKE MURPHY, SENIOR ENGINEER City of Lubbock, under whose supervision these contract documents, including
plans and specifications, were prepared, and who will inspect constructions; 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.
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The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, 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.
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.
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The term Subcontractor, as employed herein, includes only those having a direct contract ,%ith the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility 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 Subeontraetor.
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 documents. 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 documents 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 documents. He will not be required to
make exhaustive or continuous onsite 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 documents, 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 onsite 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.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement 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 Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative 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
Representative at Contractor's expense.
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 Representatives' estimates and findings shall be conditions precedent to the right to any
action on the contract, and to any rights of the Contractor to receive any money under this contract.
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 relative to the execution of the work
or the interpretation of the contract, specifications and plans.
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 Contractor 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.
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 Contractor 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.
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17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials 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 disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish 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 observation, 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.
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 observation 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 ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
effors 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
Representative, 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 Representative 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.
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If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
r Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
lobservation and testing at the Contractor's expense. The cost of all such inspections, 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 unsuitable 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 rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further 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 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
r., damages, or anticipated profits on the work that may be dispensed with. If they increase 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 rase the Owner shall make such changes or alterations as shall make useless any
work already done or material 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
rOwner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's bid, 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 Representative 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 commenced, 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 paragraph 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 Workers' 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 matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery 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 (151/o) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
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 Representative 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 insists 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
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the bid, 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 bid to complete the work in accordance with
these plans and specifications. It is further understood that any request 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 specified, 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 Workers' Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workers' 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,
indemnify 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 sustained 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 subcontractor 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 progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this, contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single
Limit in the aggregate and 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)
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, 1,000,000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $1,000.000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownersbip Liability Hired and Nono'Amed
Vehicles. The City is to be named as an additional insured on this policy for this spec job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Installation Floater Insurance
The Contractor shall obtain a Installation Floater policy in the amount of 100% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (MCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
eontractoes/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
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3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of overage.
9. The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
(a) provide coverage, based on proper reporting of classification odes and payroll amounts and
filing of any overage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
overage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of overage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of overage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of overage, prior to the end of the
overage period, if the overage period shown on the current certificate of overage ends
during the duration of the project;
(e) retain all required certificates of overage on file for the duration of the project and for one year
Tr thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by worker's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
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 insured at the
address shown in the bid specifications. ,
(6) 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) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage —
agreements;
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(b)
(c)
(d)
(e)
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provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes
persons providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage. " and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment.
30. 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, materialmen 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 shall 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 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.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee 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 specified or required in these contract documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
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? from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. 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, insofar 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.
33. ASSIGNMENT AND SUBLETTING
«� The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
lk 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.
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34. 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
speed 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 consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of S200(TW0
HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the
work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, 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.
35. TIME AND ORDER OF COMPLETION
1 It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done,
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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 intends 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 several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in -the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension 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 receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. 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.
37. 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 incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge 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.
39. OUANTITIES 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 _
bids offered 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.
39. 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 performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
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40. 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 bid 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.
41. PAYMENTS
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No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in pan:, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
r" showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
4 I. 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 contract. 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.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application 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 partial 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 materials 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
7, Representative's Certificate of Partial Payment, less S% of the amount thereof, which S% 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
T 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 percentage due Contractor.
43. 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 inspect the work and within said
f time, if the work be found to be completed or substantially completed in accordance 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
r^ duty of the Owner within thirty-onc (31) days to issue a certificate of acceptance of the work to the Contractor.
44. 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 before the 31 st day after the date of certificate of
P` completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual
obligations under the terms of this contract; 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 conditions (if
any) of this contract or required in the specifications made a part of this contract.
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45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor 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.
46. 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 date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHIHELD
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.
48. TIlAI- 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 otherwise in the contract documents.
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 orders 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
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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 herei.nbefore 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 supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
j' 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
r. this contract, if the same had been completed 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 completed 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 scaled bids, after notice published as required by law, at least twice in a newspaper 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.
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
machinery, 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 incorporated 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 Contractor at the prices stated in the attached bid, 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
r, the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the
a
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 statutory 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 further 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 conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
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 authority 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 observe 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.
CURRENT WAGE DETERMINATIONS
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Resolution #2502
January 8, 1987
Agenda Item #18
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DGV:da
occni iirrnti
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
, Lity Secretary
APPROVEONTENT:
Bi 1 PX7,;!)
yne, Dilrector of Building
Services
8th day of January 1987.
J (f. &i G)V-U�
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do ld G. Vandiver, First
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
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EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
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
Hourly 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
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman Series
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
Hourly Rate
$11.00
10.45
8.90
_7.25
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.
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SPECIFICATIONS
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City of Lubbock
Water Utilities Engineering
Technical Specifications
For
Painting Steel Tanks
Prepared by
Lubbock Water Utility Engineering
CITY OF LUBBOCK
PAINTING STEEL TANKS
TABLE OF CONTENTS
SECTION DESCRIPTION
01010
Summary of Work
01019
Contract Considerations
01039
Coordination and Meetings
01300
Submittals
01500
Construction Facilities and Temporary Controls
01700
Contract Closeout
09900
Removal and Disposal of Lead Paint
09905
Coating Specification for Steel Tanks
01010 - 1
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:. SECTION 01010
,.- SUMMARY OF WORK
PART 1 GENERAL
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1.1
SECTION INCLUDES
A.
Contract Description.
B.
Work by Owner.
�..,
C.
Owner and Contractor Responsibilities.
D.
Contractor use of site.
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E.
Work Sequence.
F.
Owner occupancy.
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G.
Warranty
H.
Property Protection
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1.2
CONTRACT DESCRIPTION
A.
This project involves the removal and disposal of lead based paint, and the application a
new coating system on each tank.
1
B.
Contract Type: Lump Sum for each of the following tanks.
1. 1 million gallon elevated storage tank located at 50th Street and Joliet Avenue.
76' D x 43' H with 99 feet riser (Refer to Plans 1, 6, & 7)
i.
2. 1.1 million gallon ground storage backwash tank located at 6001 N. Guava
Avenue. ( Refer to Plans 1, 4, & 5)
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c
65'Dx45'H
3. 400,000 gallon ground storage tank located at 37th and Guava Avenue.
,I
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23' D x 32' H ( Refer to Plans 1, 2, & 3)
C.
After the Prebid meeting, there will be a site visitation, the Contractor shall be
!"�`
responsible to determine the accessibility and storage spaces required for each site. All
l
associated cost with accessibility and storage shall be included in this contract.
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7
D.
Contract Time will be 160 calendar days from the date of Notice to Proceed and the
liquidated damages will be $200.00 per day.
7
City of Lubbock, Painting Steel Tanks
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01010 - 2
1.3 Analytical Results of composite samples of paint chips are as follows:
A. See Analytical results for paint samples section for more detail information.
Total Lead Content
Tank Description (PPM)
1 million gallon elevated storage tank located at 50 St. and Joliet Ave. 165,000
1.1 million gallon ground storage tank located at 6001 N. Guava Ave. 61,500
400,000 gallon ground storage tank located at East 37 and Guava Ave. 28,200
1.4 WORK BY CONTRACTOR
A. The Contractor shall perform all the work specified in the individual sections and shall
include the following:
1. Contractor shall include any cost involved in clearing the land for temporary
storage containers, temporary parking, and providing temporary road surface to
access to the 400,000 gallon ground storage tank when deemed necessary.
2. Provide labor, equipment, and materials to remove and dispose lead paint
according to Section 09900.
3. Provide labor, equipment, and materials to repaint steel tanks as specified in
Section 09905.
4. Retain an independent Certified Industrial Hygienist to be onsite for the duration of
the project, according to Section 09900.
5. Retain an independent laboratory to conduct the test required in Section 09900.
6. Design and construct a full containment (shroud and support) system with negative
air ventilation to meet Environmental protection Agency - EPA, Occupational
Safety and Health Administration - OSHA and Texas Natural Resource
Conservation Commission - TNRCC rules and regulations.
7. Design and construct a ground (tarp) protection system to prevent any
contamination to the soil from this project.
8. Design and construct a containment system for rainwater runoff and run-on.
9. Contractor shall be responsible for profiling the hazardous waste which include
sample collection; laboratory analysis and profile paperwork, and responsible for
obtaining an identification number and preparing a manifest system for tracking the
waste from generation to final disposal. Owner's Representative will sign as the
generator.
10. Contractor shall be responsible for all cost associated with sampling and analysis to
determine if the waste is hazardous.
11. Contractor shall be responsible for all the cost associated with the profile analysis
of the waste which include sample collection, laboratory analysis and profile
paperwork.
12. Contractor shall be responsible for all the cost of the proper disposal of all
hazardous waste generated from this job.
13. Contractor shall be responsible for providing their own locks and keys.
14. Contractor shall complete all the work at each tank location before proceeding to a
new tank location. Completion of all the work includes final cleaning, final
disposal of all the waste, final inspection and all the steps in this specification.
City of Lubbock, Painting Steel Tanks
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01010 - 3
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1.5 OWNER AND CONTRACTOR RESPONSIBILITIES
A. Owner's Responsibilities:
1. Arrange for and deliver Owner reviewed Shop Drawings, Product Data, and
Samples, to Contractor.
2. Arrange and pay for Product delivery to site.
3. On delivery, inspect Products jointly with Contractor.
4. Submit claims for transportation damage and replace damaged, defective, or
deficient items.
5. Arrange for manufacturers' warranties, inspections, and service.
B. Contractor's Responsibilities:
r 1. Review Owner reviewed Shop Drawings, Product Data, and Samples.
2. Receive and unload Products at site; inspect for completeness or damage jointly
with Owner.
3. Handle, store, install and finish Products.
a
" 4. Repair or replace items damaged after receipt.
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1.6 CONTRACTOR USE OF SITE
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A. Access to Site: Limited to Owner and Contractor only.
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B. Time Restrictions for Performing Work: Monday to Friday, 8 a.m. to 5 p.m. Request in
writing 3 working days in advance for work to be performed outside this time.
1.7 WORK SEQUENCE
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A. Complete removal and disposal of lead based paint, and repaint tank on one site before
proceeding to the next site. Proceed to work according to the following sequence to
accommodate Owner's occupancy requirements for the entire period,
i
1. Tank 1: 1 Million gallon elevated storage tank
2. Tank 2: 1.1 Million gallon ground storage backwash tank.
3. Tank 3: 400,000 gallon ground storage tank.
I
B. Final inspection of each stage shall be accepted by the Owner's Representative before the
commencement of any work on the next Stage.
"I.
C C. Coordinate on the mobilization of each stage with Owner's Representative to allow the
minimum amount of time for the tank to be out of service.
1.8 OWNER OCCUPANCY
A. The Owner will not occupy the site during the entire repainting operation except during
inspection.
B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations outside
the site.
C. Schedule the Work to accommodate Owner's presence in the Water Treatment Plant for
the 1.1 Million Gallon Backwash tank.
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City of Lubbock, Painting Steel Tanks
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01010 - 4
1.9 WARRANTY
A. Contractor shall warrant for two(2) years after the date of final acceptance of the work. -
B. On the eleven month of each subsequent year from the date of final acceptance, Owner's
Representative will schedule an annual Inspection with the presence of the Contractor
to inspect for defect assessment on the work performed. Repaint any work that is
considered defective by the Owner's Representative and to his satisfaction. .
C. Contractor shall remedy any defects in workmanship, and pay for any and all damages of `
any nature whatsoever resulting in defects at no cost to the Owner (City of Lubbock).
1.10 PROPERTY PROTECTION
A. Contractor shall be aware of surrounding residences and commercial businesses or
buildings in the vicinity of the tanks. Extreme care should be used in protecting buildings
and vehicles from falling debris, sand, paint, water or any materials which might cause
damage.
B. Contractor shall immediately correct any damage to the property to the satisfaction of
property owner. Payment shall be withheld in the amount of any claims until such time —
the claims are satisfied.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used
END OF SECTION.
City of Lubbock, Painting Steel Tanks
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01019 - 1
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SECTION 01019
CONTRACT CONSIDERATIONS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Schedule of values.
B. Application for payment.
C. Change procedures.
D. Measurement and payment - Lump Sum.
1.1 SCHEDULE OF VALUES
A. Submit a printed schedule on AIA Form G703 - Application and Certificate for Payment
Continuation Sheet. Contractor's standard form or electronic media printout will be
considered.
B. Submit Schedule of Values in duplicate within 5 days after date established in Notice to
Proceed.
C. Format: Itemize based on individual tanks.
D. Include within each fine item, a direct proportional amount of Contractor's overhead and
profit.
E. Revise schedule to list approved Change Orders, with each Application For Payment.
1.2 APPLICATIONS FOR PAYMENT
A. Submit three copies of each application on AIA Form G702 - Application and Certificate
for Payment and AIA G703 - Continuation Sheet or Contractor's electronic media driven
form.
B. Content and Format: Utilize Schedule of Values for listing items in Application for
Payment:
C. Payment Period: Monthly, submit application for payment at the 25th day of each
month.
D. Include an updated construction progress schedule.
E. Submit the following along with the application for final payment:
1. The documentation for the completed and signed `manifest' for the hazardous
waste.
2. Signed affidavit from the Notary Public that all claims on this job has been settled.
3. Contractor warranties for this job shall be signed and sealed by a Notary Public.
71,
City of Lubbock, Painting Steel Tanks
01019 - 2
1.3 CHANGE PROCEDURES
A. The Owner's Representative will be advised of minor changes in the Work not involving
an adjustment to Contract Sum or Contract Time as authorized by AIA A201, 1987
Edition, Paragraph 7.4, E7CDC, 1990 Edition Paragraph 9.5 by issuing supplemental
instructions on AIA Form G710.
B. The Owner's Representative may issue a Proposal Request which includes a detailed
description of a proposed change with supplementary or revised Drawings and
specifications, a change in Contract Time for executing the change with a stipulation of
any overtime work required and the period of time during which the requested price will
be considered valid. Contractor will prepare and submit an estimate within 3 days.
C. The Contractor may propose changes by submitting a request for change to the Owner's
Representative, describing the proposed change and its full effect on the Work. Include
a statement describing the reason for the change, and the effect on the Contract Sum and
Contract Time with full documentation and a statement describing the effect on Work by
separate or other Contractors.
D. Stipulated Sum Change Order: Based on Proposal Request and Contractor's fixed price
quotation or Contractor's request for a Change Order as approved by Owner's
Representative.
E Maintain detailed records of work done on Time and Material basis. Provide full
information required for evaluation of proposed changes, and to substantiate costs for
changes in the Work.
F. Execution of Change Orders: Owner's Representative will issue Change Orders for
signatures of parties as provided in the Conditions of the Contract.
1.4 DEFECT ASSESSMENT
A. Repaint any work that is considered defective by the Owner's Representative and to his
satisfaction.
1.5 MEASUREMENT AND PAYMENT - LUMP SUM
A. Authority: Measurement methods are based percentage of completion on individual
tanks.
B. Take measurements and compute according to the percentage of completion. Verify the
quantities with the Owner's Representative.
D. Payment Includes: Full compensation for required labor, Paint, Products, tools,
equipment, plant and facilities, transportation, services and incidentals; erection,
application or installation of an item of the Work; overhead and profit. Full
compensation shall also including the following:
1. Provide labor, equipment, and materials to remove and dispose lead paint as
specified in Section 09900.
2. Provide labor, equipment, and materials to repaint steel tanks as specified in
Section 09900.
3. Cost to retain an independent Certified Industrial Hygienist according to
Section 09900.
City of Lubbock,' Painting Steel Tanks
01019 - 3
4. Cost to retain an independent laboratory to conduct the test required in
Section 09900.
5. Independent company to remove, transport, and dispose the hazardous waste to
the nearest landfill certified to accept hazardous waste.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
City of Lubbock, Painting Steel Tanks
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01039 - 1
SECTION 01039
COORDINATION AND MEETINGS
PART 1 GENERAL
1.1 SECTION INCLUDES
*" A. Coordination and project conditions.
B. Preconstruction meeting.
C. Progress meetings.
1.2 COORDINATION AND PROJECT CONDITIONS
A Coordinate scheduling, submittals, and Work of the various sections of the Project
Manual to ensure efficient and orderly sequence of installation of interdependent
construction elements, with provisions for accommodating items installed later.
B. Verify utility requirements and characteristics of operating equipment are compatible
with building utilities.
C. Coordinate completion and clean-up of Work of separate sections in preparation for
Substantial Completion.
D. After Owner occupancy of premises, coordinate access to site for correction of defective
Work and Work not in accordance with Contract Documents, to minimize disruption of
Owner's activities.
1.3 PRECONSTRUCTION MEETING
A. Owner's Representative will schedule a meeting after award of contract.
B. Attendance Required: Owner's Representative and Contractor.
C. Agenda:
1. Submission of list of Subcontractors, list of Products, schedule of values, and
progress schedule.
2. Designation of personnel representing the parties in Contract.
3. Procedures and processing of field decisions, submittals, substitutions, applications
for payments, proposal request, Change Orders, and Contract closeout procedures.
4. Scheduling.
1.4 PROGRESS MEETINGS
A. Owner's Representative will make arrangement for meetings, prepare agenda with copies
for participants, preside at meetings..
B. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner
Representative as appropriate to agenda topics for each meeting.
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City of Lubbock, Painting Tanks
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01039 - 2
D. Agenda:
1. Review minutes of previous meetings.
2. Review of Work progress.
3. Field observations, problems, and decisions. .
4. Identification of problems which impede planned progress.
5. Review of submittals schedule and status of submittals.
6. Review of off -site fabrication and delivery schedules.
7. Maintenance of progress schedule.
8. Corrective measures to regain projected schedules.
9. Planned progress during succeeding work period.
10. Coordination of projected progress.
11. Maintenance of quality and work standards.
12. Effect of proposed changes on progress schedule and coordination.
13. Other business relating to Work.
E. Owner's Representative will record minutes and distribute copies within two weeks after
meeting to participants, and designated recipients, identified at the Preconstruction
Conference, and those affected by decisions made. Corrections, additions or deletions to
the minutes shall be noted and addressed at the following meeting.
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PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
City of Lubbock, Painting Tanks
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01300 - 1
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SECTION 01300
f SUBMITTALS
PART 1 GENERAL
!
1.1
SECTION INCLUDES
�^
A.
Submittal procedures.
B.
Construction progress schedules.
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C.
Proposed Products list.
D.
Product Data.
6
E.
Samples.
�..
F.
Test reports.
G.
Certificates.
H.
Contractor's field reports.
;1
I.
Erection drawings.
S I
J.
Work progress photographs.
1.2
RELATED SECTIONS
A.
Section 01019 - Contract Considerations.
B.
Section 01700 - Contract Closeout: Contract,warranties, bonds, manufacturers'
certificates, and closeout submittals.
1.3
SUBMITTAL PROCEDURES
A.
Transmit each submittal to Owner's Representative:
Michael E. Murphy, P.E.
Senior Engineer
Water Utilities Engineering
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Tx 79457
B.
Transmit two copies of each submittal unless otherwise specified in the individual
sections.
i I
C.
Apply Contractor's stamp, signed or initialed certifying that review, approval, verification
of Products required, field dimensions, adjacent construction Work, and coordination of
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City of Lubbock, Painting Steel Tanks
01300 - 2
information is in accordance with the requirements of the Work and Contract
Documents.
D. Schedule submittals to expedite the Project, and deliver to Owner's Representative at
business address. Coordinate submission of related items.
E. For each submittal for review, allow 10 days excluding delivery time to and from the
Contractor.
F. Identify variations from Contract Documents and Product or system limitations which
may be detrimental to successful performance of the completed Work.
G. When revised for resubmission, identify all changes made since previous submission.
H. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly
report any inability to comply with requirements. _
I. Submittals not requested will not be recognized or processed.
J. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the
Contractor.
1.4 CONSTRUCTION PROGRESS SCHEDULES _
A. Submit initial schedule in duplicate within 10 days after date of Owner -Contractor
Agreement.
B. Revise and resubmit as required.
C. Submit revised schedules with each Application for Payment, identifying changes since
previous version.
D. Submit a horizontal bar chart with separate line for each major section of Work, _
identifying first work day of each week.
E. Show complete sequence of construction by activity, identifying Work of separate stages
and other logically grouped activities. Indicate the early and late start, early and late
finish, float dates, and duration.
F. Indicate estimated percentage of completion for each item of Work at each submission.
1.5 PROPOSED PRODUCTS LIST
A. Within 10 days after date of Owner -Contractor Agreement, submit list of major products
proposed for use, with name of manufacturer, trade name, and model number of each
product.
B. For products specified only by reference standards, give manufacturer, trade name,
model or catalog designation, and reference standards.
1.6 PRODUCT DATA
A. Submit the number of copies which the Contractor requires, plus two copies which will
be retained by Owner's Representative.
City of Lubbock, Painting Steel Tanks
01300 - 3
B. Indicate conditions requiring special attention, and special environmental criteria
required for application.
C. After review provide copies for record documents described in Section 01700 -
CONTRACT CLOSEOUT.
1.7 SAMPLES
A. Submit to the Owner's Representative the abrasive blast medium samples for
information.
B. Color charts for Owner's Representative approval.
C. Submit SSPC chart samples of abrasive blast finish surface preparation for comparisons.
D. Include identification on each sample, with full Project information.
E. Submit the number of samples specified in individual specification sections.
F. Reviewed samples which may be used in the Work are indicated in individual
specification sections.
G. Samples will not be used for testing purposes unless specifically stated in the
specification section.
1.8 TEST REPORTS
A. Submit for the Owner's Representative knowledge as contract administrator or for the
Owner.
B. Submit test reports for information for the limited purpose of assessing conformance
with information given and the design concept expressed in the contract documents.
1.9 CERTIFICATES
A. Submit a copy of the Certified Industrial Hygienist (C".
1.10 CONTRACTOR'S FIELD REPORTS
A. Maintain and submit daily logs for this project during the application of payment and
upon request from the Owner's Representative.
1.11 ERECTION DRAWINGS
A. Submit certified shop drawings of the Shroud and support design by a Registered
Professional Engineer to the Owner's Representative knowledge as contract
F I administrator or for the Owner.
1.12 WORK PROGRESS PHOTOGRAPHS
,7,A. Each month submit photographs with Application for Payment.
TB. Photographs: Two prints; color, matte, and 8 x 10 inch size.
IT City of Lubbock, Painting Steel Tanks
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01300 - 4
C. Take two site photographs from differing directions and three interior photographs of
indicating the relative progress of the Work, five days maximum prior to submitting.
D. Identify photographs with date, time, orientation, and project identification.
PART 2 PRODUCTS
Not Used. _
PART 3 EXECUTION
Not Used.
END OF SECTION
City of Lubbock, Painting Steel Tanks
01500 - 1
�^ SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GENERAL
1.1 SECTION INCLUDES
A Temporary Utilities: Electricity, lighting, heat, ventilation, telephone service, water, and
sanitary facilities.
B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and
water control.
C.
Construction Facilities: Access roads, parking, progress cleaning, project signage, and
i
temporary buildings.
1.2
TEMPORARY ELECTRICITY
A.
Cost: By Owner; connect to Owner's existing power service. Do not disrupt Owner's
use of service. Owner will pay cost of energy used. Exercise measures to conserve
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energy.
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B.
Provide temporary electric feeder from existing electrical service at the site. Do not
disrupt Owner's use of service.
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C.
Complement existing power service capacity and characteristics as required.
D.
Provide power outlets for construction operations, with branch wiring and distribution
4
boxes located as required. Provide flexible power cords as required.
E.
Provide main service disconnect and over -current protection at convenient location.
F.
Permanent be during
convenience receptacles may not utilized construction.
G.
Provide adequate distribution equipment, wiring, and outlets to provide single phase
branch circuits for power and lighting.
_
1.3
TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES
A. Provide and maintain sufficient lighting for inside and outside the shrouded area to meet
O.S.H.A. requirements.
B. Provide branch wiring from power source to distribution boxes with lighting conductors,
pigtails, and lamps as required.
C. Maintain lighting and provide routine repairs.
D. Permanent building lighting may not be utilized during construction.
City of Lubbock; Painting Steel Tanks
01500 - 2
1.4 TEMPORARY VENTILATION SYSTEM
A. Provide and pay for ventilation system to meet the requirements of 29 C.F.R. 1910 and
1926 - OSHA rules and regulations, and produce the following conditions:
1. Necessary air movements.
2. Negative air pressure.
3. Visibility inside containment area.
4. Optimal environmental controlled conditions inside the containment regardless of
outside conditions.
B. Owner will pay cost of energy used. Exercise measures to conserve energy.'
C. Prior to operation of permanent equipment for temporary heating purposes, verify that
installation is approved for operation, equipment is lubricated and filters are in place.
Provide and pay for operation, maintenance, and regular replacement of filters and worn
or consumed parts.
D. Maintain minimum ambient temperature of 50 degrees F in the containment area.
1.5 TEMPORARY DECONTAMINATION AREA
A. The entrance to the shrouded area will also be used as the exit.
B. A decontamination area will be designated for workers exiting the shrouded area.
C. Workers will be required to be vacuum of all possible lead containing dust in the
decontamination area before they are allowed to exit the shrouded area.
D. All the dust collected will be properly disposed off along with the rest of the waste
generated in this project.
1.6 TELEPHONE SERVICE
A. Provide, maintain, and pay for telephone service to field office at time of project
mobilization.
1.7 FACSIMILE SERVICE
A. This will be optional and at the discretion of the Contractor.
1.8 TEMPORARY WATER SERVICE
A. Connect to existing water source for construction operations at time of project
mobilization. Provide temporary back flow preventer to the existing water source.
B. Owner will pay cost of water used. Exercise measures to conserve water.
1.9 TEMPORARY SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures. Do not discharge into the City
sanitary sewer system.
City of Lubbock, Painting Steel Tanks
01500 - 3
I _
1.10
BARRIERS
•-
A.
Provide barriers to prevent unauthorized entry to construction areas, and to protect
existing facilities and adjacent properties from contamination of lead based paint debris.
B.
Provide suitable tarp for the protection for grass and plants from lead based paint debris.
1.11
FENCING
7"
A.
Construction: Contractor's option on the type of fence to be used. Security is the full
responsibility of the Contractor.
r,
B.
Provide 6 foot high fence around construction site; equip with vehicular and pedestrian
gates with locks.
1.12
WATER CONTROL
A. Protect site from running water. Provide water barriers as required to protect site from
runoff.
1.13 SECURITY
A. Provide security and facilities to protect Work, and existing facilities, and Owner's
operations from unauthorized entry, vandalism, or theft.
B. Coordinate with Owner's security program.
1.14
ACCESS ROADS
A.
Contractor shall determine if any access roads are necessary before submitting their bids.
B.
Upon the determination that access roads are necessary:
1. Construct and maintain temporary roads accessing public thoroughfares to serve
construction area.
I
2. Extend and relocate as Work progress requires.
3: Provide detours necessary for unimpeded traffic flow.
4. Provide and maintain access to fire hydrants, free of obstructions.
5. Provide means of removing mud from vehicle wheels before entering streets.
1.15
PARKING
A.
Construct temporary gravel surface parking areas to accommodate construction
personnel.
B.
When site space is not adequate, provide additional off -site parking.
EI
1.16
PROGRESS CLEANING AND WASTE REMOVAL
A.
Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and
orderly condition.
�j
B.
Broom and vacuum clean interior areas prior to start of surface finishing, and continue
clearing to eliminate dust.
.7
7
.I
City of Lubbock, Painting Steel Tanks
01500 - 4
C. All the collected waste materials, debris, and rubbish shall be collected in designated
containers for hazardous waste.
1.17 PROJECT IDENTIFICATION
A Provide 6 feet wide x 6 feet high project sign of exterior grade plywood and wood frame
construction, painted, with exhibit lettering by professional sign painter or die cut vinyl
self-adhesive letters with the following wording:
Repainting Steel Tanks
Keep Out (in red)
Authorized Personnel Only
For information,
please call: Lubbock Water Utilities
(806) 767 - 2351
B. Erect on site at four sides of the fenced area. Do not erect signs on the fence. Construct
temporary post for these signs.
C. No other signs are allowed without Owner's Representative except those required by
law.
1.18 FIELD OFFICES AND SHEDS
A. Office: Weather tight, with lighting, electrical outlets, heating, cooling and ventilating
equipment, and equipped with sturdy furniture drawing rack, and drawing display table.
B. Provide space for Project meetings, with table and chairs to accommodate 6 persons.
C. Provide separate lunch room away from containment area.
D. Locate offices and sheds at furthest distance from containment area.
1.19 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary utilities, equipment, facilities, materials, prior to Substantial
Completion inspection.
B. Clean and repair damage caused by installation or use of temporary work.
C. Restore existing and permanent facilities used during construction to original condition.
Restore permanent facilities used during construction to specified condition.
City of Lubbock, Painting Steel Tanks
01500 - 5
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
City of Lubbock, Painting Steel Tanks
01700 - 1
PON
SECTION 01700
r- CONTRACT CLOSEOUT
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Closeout procedures.
B. Final cleaning.
C. Project record documents.
D. Warranties and bonds.
1.2 RELATED SECTIONS
A. Section 09900 - Removal and disposal of lead paint
1.3 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been renewed, Work has
been inspected, and that Work is complete in accordance with Contract Documents and
ready for Owner's Representative review.
B. Provide submittals to Owner's Representative that are required by governing or other
authorities.
C. Submit final Application for Payment identifying total adjusted Contract Sum, previous
payments, and sum remaining due.
1.4 FINAL CLEANING
A. Execute final cleaning prior to final project inspection.
B. Remove waste, abrasive blast medium, paint debris, surplus materials, rubbish, and
construction facilities to designated containers to be dispose as hazardous waste.
1.5 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of the following record documents; record actual revisions to
the Work:
1. Specifications.
2. Addenda.
3. Change Orders and other modifications to the Contract.
B. Ensure entries are complete and accurate, enabling future reference by Owner.
C. Store record documents separate from documents used for construction.
D. Record information concurrent with construction progress.
71,
City of Lubbock, Painting Steel Tanks
T
01700 - 2
1.6 HAZARDOUS WASTE RECORD KEEPING
A. Submit to the Owner's Representative a complete set of the original and a copy of the
duplicate of the `manifest' for hazardous waste together with the application for final
payment.
B. Conform to all the record keeping requirements in Closure Guidance Document No. 7
Removal of Paint Containing Lead or Other Hazardous Constituents. A copy of this
document can be obtained from TNRCC Region 2 Office.
C. The following information on the waste generated to be disposed off will be typewritten
and provided to the Owner's Representative:
i. Dates.
ii. Quantities generated.
iii. Description, character and classification.
iv. Methods of storage, processing and disposal.
V. Quantity shipped off -site, - name, address and location of transporter and disposal
facility.
1.7 WARRANTIES AND BONDS
A. Provide duplicate notarized copies.
B. Execute and assemble transferable warranty documents from Subcontractors, suppliers,
and manufacturers.
C. Provide Table of Contents and assemble in three D side ring binder with durable plastic _
cover.
D. Submit prior to final Application for Payment. —
E. For items of Work delayed beyond date of Substantial Completion, provide updated
submittal within 10 days after acceptance, listing date of acceptance as startof warranty _
period.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
City of Lubbock, Painting Steel Tanks
r
09900 - 1
r
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i
SECTION 09900
REMOVAL AND DISPOSAL OF LEAD PAINT
PART 1-GENERAL
1.1 SECTION INCLUDES
A. Work to be performed by the Contractor:
1. furnishing all supervision, labor, supplies, safety and monitoring devices, materials,
tools and equipment necessary to handle, remove and contain potential existing
hazardous waste materials such as lead -based paint and residual sludge (if
applicable) to be hauled away and disposed of at an EPA -approved landfill or
recycling plant.
2. preparing all permits and notifications required as specified herein.
1.2 RELATED SECTIONS
A. Section 01010 - Summary of Work.
B. Section 01300 - Submittals.
C. Section 09905 - Coating Specification for Steel Tanks.
1.3 REFERENCES
The publications listed below form a part of this specification to the extent referenced.
A. Code of Federal Regulations (CFR):
1.
29 CFR 1910.134
Respiratory Protection
2.
29 CFR 1910.1025
Lead, General Industry
3.
29 CFR 1910.94
Ventilation
4.
29 CFR 1910.145
Specifications for Accident Prevention Signs & Tags
5.
29 CFR 1910.146
Permit Required Confined Spaces
6.
29 CFR 1926
Safety and Health Regulation for Construction
7.
40 CFR, Part 50
National Ambient Air Quality
8.
40 CFR 261
Identification and Listing of Hazardous Waste
9.
40 CFR 262
Standards Applicable to Generators of Hazardous Waste
10.
40 CFR 263
Standards Applicable to Transporters of Hazardous Waste
11.
40 CFR 265
Interim Status Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and Disposal
Facilities
12.
40 CFR 262.12
EPA Identification Number
City of Lubbock, Painting Steel Tanks
09900 - 2
13.
40 CFR 268.7 &
40 CFR 268.9
Notification and Certification _
14.
40 CFR 262.20-23
Manifesting the Waste
15.
40 CFR 262.30-33
Packaging and Labeling Requirements
16.
40 CFR 265,
Subparts I and J
Container and Closure Requirements
17.
40 CFR 265.16 &
40 CFR 262.34
Contingency Plan and Training —
18.
40 CFR 262.40-44
Recordkeeping and Reporting
B. American National Standards Institute (ANSI) Publications:
Z88.2.80 Practice for Respiratory Protection
C. Department of Transportation (DOT): �-
49 CFR 178.115-118 55 Gallon Open Head Steel Drum (Cover 917C)
D. U.S. Department of Labor, Occupational, Safety and Health Administration (OSHA):
Publication 3126 Working With Lead in Construction Industry
F. U.S. Environment Protection Agency (USEPA)
Method 3050 Acid Digestion of Sediments, Sludges, and Soils.
G. Texas natural Resource Conservation Commision (TNRCC):
1. Regulation 1 - 31 TAC Chapter 111 Control of Air Pollution From Visible
Emission and Particulate Matter.
2. Closure Guidance Document No. 7 Removal of Paint Containing Lead or
Other Hazardous Constituents.
1.4 SUBMITTALS
A. Submit written notification as required by 30 TAC Chapter 111 Regulation 1 Section
135, Control Requirements for Surfaces with Coatings Containing Lead to:
Texas Natural Reosurce' Conseration Commision
Region 2, Air Program
4630 50th Street
Suite 600
Lubbock, TX 79414-3509
the following information and provide a copy of this notification to Owner's
Representative:
1. The location of the tank.
2. The name of the abrasive blasting company.
3. The weight percent of lead in the coating.
4. A detail -specific plan of the removal, transport, disposal and permanent storage of
lead paint which conforms to all Federal, State and local rules and regulation.
5. A detail -specific plan from the Certified Industrial Hygienist for the monitoring the
lead level.
City of Lubbock, Painting Steel Tanks
09900 - 3
6. The containments stems shroud 'and support system), and the negative air
Y ( PP g
ventilation.
C 7. The expected hours of operation and scheduled start and finish dates.
8. Type of temporary storage with liner and cover for hazardous waste.
9. A detail -specific plan to profile analysis the waste to determine the waste
classification which include sample collection, laboratory analysis, and profile
paperwork.
1.5 CONTAINMENT SYSTEM
�., A. The containment system shall consist of shroud and support, mechanisms for conveying
debris, and ventilation system.
B. The shroud and support system shall be designed to meet TNRCC, OSHA and EPA
{
rules and regulations.
1. The joints and seams of the shroud must be fully sealed to prevent any release into
the atmosphere. No release shall be permitted. Contractor shall be responsible for
all the cleanup cost associated with the release.
2. Entryways into the containment consist of fully sealed entryways with air locks,
reclosable doorways, or the use of overlapping door traps. Two stages air lock
attached to the containment consist of 2 room or vestibules. The innermost
vestibule of the air lock shall contain vacuuming equipment equiped with HEPA
filters for the removal of contaminated dust and debris from the workers' clothes.
1
Workers exit through the second vestibule which keeps dust and debris within
containment from passing through to the outside. The room shall be maintained
under negative air pressure.
3. Containment ceiling and floor must be approved by TNRCC Region 2 office.
C. Ventilation system component shall include exhaust hood or enclosure, ductwork., air
cleaning device, fan, and discharge stack. Contractor shall be responsible for designing
sufficient make-up (supply) air, air flow, air pressure inside the containment, and air
movement inside the containment. The designed ventilation shall utilize negative air
pressure with sufficient air flow through the work area to carry dust away.
1.6 REMOVAL AND DISPOSAL
A. Definitions:
1. Area Monitoring: Sampling of lead concentrations within the lead control area and
outside the lead control area which is representative of the airborne lead
concentrations which may reach the breathing zone of personnel potentially
exposed to lead.
2. Lead: "Lead" means the metallic lead, inorganic lead compounds, and organic lead
soaps. According to TNRCC Standard 31 TAC 111.135 (c) Emissions from
water storage tanks which have lead in concentrations of one percent (10,000
micro gram/gm) or greater by weight in the coating is considered hazardous waste.
e City of Lubbock, Painting Steel Tanks
R
09900 - 4
3. Lead Control Area: An area where lead containing paint removal operations are
performed which is isolated by physical boundaries to prevent unauthorized entry
of personnel, and where lead -in -air measurements are taken at the boundary for
monitoring of compliance with environmental regulations. Barriers to prevent the
spread of lead dust, paint chips, or debris may be located at or within the
boundaries of the lead control area.
4. Lead Permissible Exposure Limit (PEL): The limit is 50 micrograms per cubic
meter of air as an 8 hour time weighted average as determined by 29 CFR
1910.1025.
5. Action Level: Employee exposure, without regard to the use of respirators, to an
airborne concentration of lead of 30 micrograms per cubic meter or air averaged
over an 9 hour period.
6. High Efficiency Particulate Air (HEPA) Filter Equipment: HEPA filtered
vacuuming equipment with a UL 586 filter system capable of collecting and
retaining lead containing paint dust.
7. Personal Monitoring: Sampling of lead concentrations within the breathing zone
of an employee to determine the 8 hour time weighted average concentration in
accordance with 29 CFR 1910.1025. The samples shall be representative of the
employee's work tasks. The breathing zone shall be considered an area within 12
inches of the nose or mouth of an employee.
8. 8-Hour Time Weighted Average (TWA): The 8 hour TWA is the airborne
concentration of lead averaged over an 8 hour workday to which an
employee is exposed.
B. Description of Work:
The work covered by this section includes procedures and equipment required to remove
the lead containing paint or protective coatings and to limit occupational and
environmental exposure to lead when lead containing paint is removed. The work
includes the disposal of the removed paint chips, abrasive media and associated waste.
Perform work in accordance with 29 CFR 1910.1025 and the requirements specified
herein.
C. Waste Disposal:
Waste materials and debris resulting from paint removal work shall be disposed of as
specified herein by the Contractor.
D. Protection of Existing Work to Remain:
Perform paint removal work without damage or contamination of adjacent areas. Where
such work is damaged or contaminated, restore work to original condition or better.
City of Lubbock, Painting Steel Tanks
09900 - 5
l E. Medical Examinations:
r•
Before exposure to lead containing dust, the Contractor shall provide workers with a
comprehensive medical examination as required by 29 CFR 1910.1025. This
examination will not be required if adequate records show the employees have been
examined as required by 29 CFR 1910.1025 within the last year.
1. Medical Records:
Maintain complete and accurate records of employee's medical records for a period
of 40 years, or for 20 years after termination of employment, whichever is longer.
F. Training:
1. The contractor shall be responsible for training all the employees according to the
provisions of Tittle X - Residential Lead Based Paint Hazard Reduction Act of
1992.
2. Within one year prior to assignment to lead paint removal work, each employee
r- shall be instructed for a minimum of 4 hours by a Certified Industrial Hygienist
(CIH) with regard to the hazards of lead, safety, and health precautions; the use
and requirements for protective clothing, equipment , and respirators; and the
additional requirements of 29 CFR 1910.1025. Furnish each employee required to
wear a negative pressure respirator with a respirator fit test administered by the
CIH as required by 29 CFR 1910.1025. Fully cover engineering and other hazard
control techniques and procedures. Submit certificates signed and dated by the
CIH and by each employee that the employee has received training for a minimum
of four hours.
G. Respiratory Protection Program:
The Contractor shall establish and implement a respiratory protection program as
required by ANSI Z88.2, 29 CFR 1910.134 and 29 CFR 1910.1025.
H. Monitoring:
The Contractor shall measure and control lead dust outside of the work boundary but
within the project site to less than 30 ug/m3 (micrograms/cubic meter) at all times. In
addition, the controlled work area within the project site shall meet: this criteria prior to
release for unrestricted access.
I. Safety and Health Compliance:
In addition to the detailed requirements of this specification, the Contractor shall comply
with all laws, ordinances, rules, and regulations of federal, state, and local authorities
regarding handling, storing, transporting, and disposing of lead waste materials. The
il.
City of Lubbock, Painting Steel Tanks
7
�'I%IIIIa�
Contractor shall comply with the applicable requirements of the current issues of 29 CFR
1910.1025.
J. Signs:
The Contractor. shall post the following warning signs in each work area -where the PEL
is exceeded for airborne lead.
WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
(Note: This legend shall be readily visible)
1.7 PROPERTY PROTECTION
A. Contractor shall be aware of surrounding residences and commercial business or building in the vicinity of the tanks. Extreme care should be used in protecting building and
vehicles from falling debris, chemicals, abrasive blast medium, paint, water or any
materials which might cause damage or contamination. -'
B. Notify Owner's Representative of any damage or contamination as a result of this job to
the Owner's Representative. Contractor shall immediately correct any damage to the
property to the satisfaction of property owner. Payment shall be witheld in the amount
of any claims untill such time the claim are satisfied.
1.8 REQUIRED SUBMITTALS
The Contractor shall submit to the Owner the following for approval prior to commence
any paint removal work.
A. Documentation:
Documentation evidencing experience of a minimum of two years in the lead control, -
removal and abatement industry. A detailed listing of previously completed projects may
be accepted in lieu of a certification where such is not required by federal, state and local
authorities. It is further required that all personnel engaged in the removal of hazardous
lead contaminants must show proof of at least six (6) months experience in this fine of --
work.
B. Manufacturer's Certificates of Compliance: —
1. Vacuum Filters
2. Respirators
C. Manufacturer's Catalog Data:
1. Vacuum Equipment
City of Lubbock, Painting Steel Tanks
F"
09900 - 7
ro
2. Respirators
3, Power Tool Cleaning Equipment
D. Lead Containing Paint Removal Plan:
r Submit a detailed job -specific plan of the work procedures to be used in the removal of
lead containing paint. The plan shall be prepared by the Contractor's representative
who will supervise and direct the paint removal operation and shall be reviewed by the
CIH for conformance to the applicable referenced standards. The CIH shall note
approval with signature, date and the CIH sequencing of related work, coordination with
surface preparation and coating application work, disposal plan, air sampling plan,
respirators, protective equipment, and a detailed description of the method used in order
to remove paint and to control pollution. The air sampling portion of the plan shall
include air sampling, training and strategy, sampling methodology, frequency and
duration of sampling. The plan shall be approved prior to the start of paint removal
work. Prior to beginning work, the Contractor and CIH shall meet with the Owner's
Representative to discuss in detail the lead containing paint removal plan, including work
procedures and precautions.
E. Certified Industrial Hygienist (C":
Retain an independent CIH to be onsite for the duration of the entire project. The CIH
shall brief the Owner's Representative daily on his/her findings. Notify the Owner's
Representative immediately when the Contractor is not in compliance with the Federal,
State and local rules and regulation.
Submit the name, address, and telephone number of the CIH selected to review and
approve the lead containing plan, indirect monitoring, inspection of the lead containing
paint removal work for conformance with the approved removal plan, and perform
training. Submit certification that the CIH is certified by the American Board of
Industrial Hygiene in comprehensive practice. Include certification number and date.
F. Testing Laboratory:
Submit the name, address and telephone number of the testing laboratory selected to
perform the gathering of all on-site/off-site samples, all on-site/off-site testing (as
required), and reporting of all airborne concentrations of lead along with certification
that persons doing the analysis have been judged proficient by successful participation
within the last year in the National Institute for Occupational Safety and Health (NIOSH)
Proficiency Analytical Testing (PAT) Program. The laboratory shall be accredited by the
American Industrial Hygiene Association (AIHA).
Submit the name, address and telephone number of the testing laboratory selected (if
Tv different) to perform all hazardous waste testing on the paint residue and chips, and the
soil as required.
T
7 City of Lubbock, Painting Steel Tanks
09900 - 8
Note: The Contractor shall not gather or obtain any samples required to be tested unless
prior approval is obtained in writing from the Owner, and then, only obtained in the _
presence of the Owner's Project Representative.
G. Permits and Notifications:
Permits and EPA identification numbers in accordance with 40 CFR 262, 263, and 264
concerning the containment, generation, removal, hauling and disposal of hazardous
waste shall be the complete responsibility of the Contractor and all regulations regarding
the packaging and containment will be strictly adhered to
1. TNRCC Air Program:
In accordance with TNRCC Air Program Regulation VI (31 TAC Chapter 116), -
"Control of Air Pollution by Permits for New. Construction or Modifications",
revised August 11, 1989, paragraph 116.6, Exempted Facilities, sub paragraph (1)
states: "Actual emissions from the proposed facility shall not exceed 250 tons per year of carbon monoxide or nitrogen oxides or 25 tons per year of any other
contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen,
and oxygen". In other words, this operation is temporary and does not require -
permitting to perform the work. However, the regulations do state in part that any
work performed shall not create a "nuisance"'to residences and commercial
buildings.
The Contractor shall contact the TNRCC Air Program, Region 2 Office at _
4630 50th Street, Suite 600, Lubbock, Texas 79414, (806) 796 - 7092 to ensure
that all precautions are taken and that proper notification (i.e. forms, permits, etc.)
is provided at least 10 calendar days prior to commencement of work.
2. TNRCC Water Program:
The Contractor shall contact the TNRCC Water Program Region 2 Office at
4630 50th Street, Suite 600, Lubbock, Texas 79414, (806) 796 7092 to ensure that all precautions are taken and that proper notification is provided at least one —
10 calendar days prior to commencement of work.
3. Texas Department of Health: �-
The Contractor shall contact the Texas Department of Health, Bureau of
Solid Waste Management at 1100 W. 49th Street, Austin, Texas 78756,
(512)458-7271 to ensure that all precautions are taken and that proper
notification is provided at least 10 calendar days prior to commencement of
work.
City of Lubbock,Painting Steel Tanks -
09900 - 9
r
H. Monitoring Results:
Monitoring shall be completed and the results reviewed by the CIH within 24
hours of the initial removal operation. The CIH shall notify the Contractor and the
Owner'r Representative immediately of exposure to lead at or in excess of the action
level (AL) of 30 micrograms per cubic meter of air at the boundary areas. Submit
monitoring results to the Owner's Representative the following day, signed by the
testing laboratory employee performing the analysis.
I. Rental Equipment:
If rental equipment is to be used during lead containing paint handling and disposal,
furnish written notification to the rental agency concerning the intended use of the
equipment and certify that the equipment is not contaminated with hazardous waste.
Contractor must certify all rental equipment has been decontaminated when necessary
before leaving the job site.
J. Respiratory Protection Program:
ANSI Z88.2, 29 CFR 1910.134, 29 CFR 1910.1025, and 29 CFR 1910.146.
2.0 EXECUTION
2.1 EQUIPMENT:
A. Respirators:
The Contractor shall select respirators approved by the National Institute for
Occupational Safety and Health (AIIOSH), Department of Health and Human Services,
for use in atmospheres containing lead dust. Respirators shall comply with the
requirements of 29 CFR 1910.1025.
B. Special Clothing:
The Contractor shall furnish personnel exposed to lead containing dust with disposable
protective whole body clothing, head covering, gloves and foot coverings. The
Contractor shall also furnish disposable plastic orrubbergloves to protect hands. The
level of protection can only be reduced after approval from the CIH.
C. Warning Signs and Labels:
Warning signs shall be provided at all approaches to the lead control areas. Locate signs
at such a distance that personnel may read the sign and take the necessary precautions
before entering the area. Provide and affix' labels to impermeable bags, lead waste
drums, and other containers containing lead materials, scrap, waste or debris. Signs and
labels shall comply with the requirements of 29 CFR 1910.1025.
�I
City of Lubbock, Painting Steel Tanks
1:
09900 - 10
D. Tools: 3
Filters on vacuums shall be absolute HEPA filters and UL 586 labeled.
E. Equipment:
Furnish the Owner's Representative with complete sets of personal protective equipment
upon request, for entry to and inspection of the paint removal work within the lead
controlled area. The personal protective equipment shall include respirators and
disposable whole body coveralls. The quantity shall not exceed one set daily.
2.2 _ WORK PROCEDURES:
The Contractor shall perform removal of lead containing paint in accordance with 29
CFR 1910.1025 and as specified herein. Personnel shall wear and use protective
clothing and equipment as specified herein. Eating, smoking'or drinking is not permitted
in the lead control area. No one shall be permitted in the lead control area unless they
are provided with appropriate training and protective equipment.
A. Lead Control Area Requirements:
The Contractor shall establish a lead control area by roping off the area. Provide
containment as required to maintain the airborne concentration of lead below 30
micrograms per cubic meter at the boundaries. During the paint removal operation,
should the employees need to exit the controlled area, they shall be required to remove
their disposable coveralls, place them in an approved impermeable disposable bag, and
then exit the area such that no lead contamination leaves the lead control area on the
bodies or clothing of those persons, Take personal air monitoring samples on employees
that are anticipated to have the greatest risk of exposure as determined by the CIH.
Take air monitoring samples on at least 25 percent of -the work crew or a minimum of
two employees, whichever is greater, during each work shift.
B. Monitoring:
Monitoring of airborne concentrations of lead shall be in accordance with 29 CFR
1910.1025 and as specified herein. -Air monitoring and reporting shall be performed by a
CIH or a full-time employee of the Contractor who is under the direction of the CIH.
The Owner shall have the option to perform independent monitoring.
1. Monitoring During Paint Removal Work:
The CIH/Contractor shall perform personnel and area monitoring during the entire
paint removal operation. If the boundary air monitoring samples show airborne
concentrations have reached 30 micrograms per cubic meter of air, the work shall
be stopped, the condition that caused the increase corrected, and the
Owner's Representative shall be notified immediately. If adjacent areas are
contaminated, the contaminated areas shall be cleaned and visually inspected. The
City of Lubbock, Painting Steel Tanks
09900 - 11
I CIH/Contractor shall certify that the area has been cleaned of lead contamination
prior to release of this requirement.
C. Site Inspection:
'- While performing paint removal work, the Contractor shall be subjected to on -site
inspection by the Owner's Representative, who may be assisted by safety and health
personnel. If the work is in violation of Contract Specification requirements, the
i ! Owner's Representative will issue a stop work order to be in effect immediately until the
violation is resolved.
D. Paint Removal:
The Contractor shall select the paint removal process indicated herein to minimize
contamination of work areas with lead containing dust. Minimize the discharge of dust
to the atmosphere. Perform mechanical paint removal using containment enclosures, or
other methods of dust abatement (if required). Collect paint residue and chips. For
ground protection use protective sheeting of .6 mil polyethylene, tightly secured at
perimeter with duct tape to prevent contact of lead contaminated paint chips and residue
with the ground or escape of debris to the environment. The following methods of
removal shall be utilized for the removal of lead or hazardous metals containing paints.
Power Tool Stripping Removal Systems:
The VAC -PAC. or approved equal, an ultra -high performance vacuum system as
designed by PENTEK, INC. (1026 Fourth Avenue, Coraopolis, PA 5108, (412)
262-0725 offers a two -stage positive filtration of toxic materials. The system shall
be demonstrated to the Owner's Representative prior to approval. The system
shall be compact, and feature an exclusive controlled seal drum fill system which
allows the operator to fill, seal, remove and replace the waste drum under
controlled vacuum conditions. This will assure positive control of waste and dust,
and minimize the possibility of releasing airborne contamination during drum
changing operations. This information is provided for convenience and is not
intended to be a proprietary specification.
The Abrasive Vacuum Blast System shall be fully pneumatic with a media recovery
and separation system, capable of recycling the abrasive (aluminum oxide, steel
shot, steel grit, etc. except for the prohibited use of sand that. contains crystalline
silica) and depositing the waste in a sealed drum. The compressed air shall provide
dry, clean air to the blasting equipment such that the abrasive media will be
dispensed in a uniform and consistent stream onto the exterior and interior surfaces
being blasted.
The Abrasive Blast System shall be fully .pneumatic, providing dry, clean
compressed air and dispensing the clean abrasive in a uniform and consistent
stream onto the interior surfaces only. This system shall not be used to remove
a
7" City of Lubbock, Painting Steel Tanks
09900 - 12
lead paint from the exterior surfaces of the tank. No sand shall be used for sand
blasting.
Wet Abrasive Blast Cleaning System shall utilized compressed air to popel
abrasive against the surface. Water is injected into the abrasive stream either
before or after the abrasive exits the nozzle. The abrasive, paint debris, and water
are collected for disposal. No water soluble abrasive will be allowed.
These methods of removal shall be accomplished in accordance with all sections of
this specification.
2. Chemical Stripping Removal System:
The Peel-AwU Paint Remover System. or approved equal, as manufactured by
Dumond Chemicals, Inc., Houston, Texas (800) 245-1191, is an environmentally
safe product which is suited for removing lead paint from a variety of surfaces (i.e..
cast iron, concrete, steel, brick, etc.). This product will assure positive control of
waste and dust with no fumes and no flammable solvents (Peel -Away I System).
This product does not remove rust and scale or generate airborne particulate.
a. The manufacturer of the chemical stripper removal system shall provide the
services of a qualified technical on -site representative to instruct the
Contractor in the proper techniques for protective clothing, application and
removal of the product to be used.
b. Prior to use, the Contractor shall have the appropriate chemical stripper
applied at various locations on the tank surfaces as test patches. These
patches will determine thickness of application, reaction time and the proper
product to use (if required). The Owner's Representative shall be notified at
least 48 hours prior to performing these test patches.
C. The Contractor shall install tarps or similar materials on the ground surface
immediately under and adjacent to the area of the tank where the chemical
stripper will be applied and removed. The tarps shall be watertight so as to
completely contain any excess liquids from applications to or rinsing of the
tank surfaces. The tarps shall extend a minimum of 20 feet out beyond the
perimeter of the tank.
d. The chemical stripper shall be sprayed onto the tank.surfaces utilizing a
spray rig designed to apply heavy, mastic type materials. The thickness shall
vary between a minimum of 1/8 inch to 1/4 inch, however the test patches
will dictate the actual thickness to use.
e... After the manufacturer's recommended reaction time is complete, the
chemical stripper and the reacted paint coatings shall be removed with a
broad knife, a large commercial wet/dry power vacuum, or the Peel -Away
filtered vacuum system. The Contractor shall remove the entire paint
City of Lubbock, Painting Steel Tanks
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09900 - 13
7
coating on the tank surfaces including all residue prior to the clean-up
procedure by scraping, brushing, or wet power vacuuming. Special attention
shall be paid to grooves and cracks. All waste products of the chemical
stripper removal system shall be deposited into containers of 55 gallon
drums furnished at the site by the Contractor.
f. The Contractor shall use pH paper to check the bare metal tank surfaces to
assure the tank surfaces have been properly cleaned and neutralized. The pH
shall be 7.0 (greenish) or greater. The surfaces may be flushed with water or
a neutralizing agent to achieve the proper pH.
This method of removal shall be accomplished in accordance with the
applicable sections of this specification and as follows:
Provide five (5) copies of the technical data sheets for the chemical stripper
used including the manufacturers name, address and phone number, product
description, basic use, limitations, precautions, shelf life, known
environmental hazards and recommended application methods.
E. Temporary Storage of Waste:
Temporary storage must conform to 40 CFR 265, Subpart I - Use and Management of
Containers and Subpart J - Tank Systems for Submit to the Owner's Representative the
type of containers and its origin. Certify that the containers is free of hazardous waste.
All the waste generated from this project will be stored in a lined container. Contractor
shall maintain records on waste generated. The record keeping and reporting must
conform to 40 CFR 262.40 through 262.44 and daily record shall also contain the
following:
1. Description of the waste.
2. Date it was generated.
3. Contractor's representative signature for verification.
Each container shall have hard top covers to keep rain water off the container and any
loss of waste due to wind. Upon determination that the waste is hazardous, the
Contractor shall properly dispose all hazardous waste that has been generated from
blasting operation within two weeks from the date the blasting operation ended.
No hazardous waste or any other waste will be allowed to be transported from the tank
location that has the blasting operation completed to a new tank location. All the
hazardous waste from each tank location must be transported for final disposal only.
F. Selection and Removal of Representative Samples:
Conform to EPA SW 846 in the selection and removal of representative samples.
Submit to the Owner's Representative and TNRCC for approval the sampling
procedures that will be used for the entire project. Include the following steps for
composite sampling when using lined containers. A composite sample must be
representative of the different layers of waste in the container. Contractor must explain
1I in detail the method of composite sampling in their submittals for approval.
City of Lubbock, Painting Steel Tanks
G.
09900 - 14
Testing of Contaminated Paint Residue:
The selected Testing Laboratory shall test the composite sample for lead, cadmium, and
chromium in accordance with 40 CFR 261 and TAC 335 to determine if any of the
contaminants exhibit or exceed the maximum concentration of contaminants for toxicity
characteristics. Use Toxicity Characteristic Leaching Procedure (TCLP), test Method
1311 in Test Method for Evaluating Solid Waste, Physical/Chemical Methods, EPA
Publication SW-846, as incorporated by CFR 260.11. If using "power tool cleaning" or
"abrasive blasting" equipment, and the Toxicity Characteristic Leaching Procedure with
Solvents Testing if using a "chemical stripper removal system".
Table 1 of 40 CFR 261.24 and TAC 335.16 shall be used to determine the maximum
concentration of contaminants for toxicity characteristic.
Contaminant Regulatory Level
(mom)
Lead 5
Cadmium 1
Chromium 5
If the results of all the contaminants in each individual test is below the regulatory level,
then the Contractor or Testing laboratory shall provide the resluts to the following
persons or agencies:
1. TNRCC Air Program (2 copies)
2. Owner (3 copies)
The paint, residue, chips and spent abrasives determined to be non -hazardous waste shall
be handled and disposed of in accordance with 40 applicable portions of CFR 260-266
and TNRCC Closure Guidance Document No. 7: Removal of Paint containing lead or
other hazardous constituents.
If any one contaminant from the results of any of the TCLP tests exhibit the'regualtory
level or exceeds the level they shall be considered hazardous waste due to its toxicity.
Provided results to the following persons or agencies even if it is not hazardous;
4. Environmental Protection Agency (3 copies)
5. TNRCC - Water Program (3 copies)
6. Owner (3 copies)
Contaminated paint, residue, chips and spent abrasives determined to be hazardous
waste shall be handled, treated in accordance with treatment plan and disposed of in
accordance with 40 CFR 260-266, TAC 335 and TNRCC Closure Guidance Document
No. 7: Removal of Paint containing lead or other hazardous constituents.
City of Lubbock, Painting Steel Tanks
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09900 - 15
7, F. Testing of Lead Contaminated Soil:
Testing of lead contaminated soil shall be in accordance with SW 846 - EPA Manual for
Test Methods. The contaminants to be tested for shall be lead, cadmium and
chrommium. At the Contractor's expense, a representative sample of soil, within the
tank site working area, shall be obtained and a Hazardous Waste Determination shall be
performed by the selected Testing Laboratory to determine the current level (ppm) of
lead in the soil (if any).
Soil sampling shall be also performed by the selected Testing Laboratory prior to and
after the completion of the waste removal. The samples shall be analyzed for lead,
cadmium, and chrommium content using atomic absorption techniques. Increases in the
total lead content of the soil greater that 35-percent will not be permitted. The
Contractor/Testing Laboratory shall be responsible for restoring and retesting the site to
its original condition.
Six (6) representative sites (see Figure 91 included at the end of this item) shall be
identified and sampled by the selected Testing Laboratory under the supervision of the
Owner's Representative with the following procedure: five (5) 3/4" x 1/2" deep plugs,
one from each corner and one from the middle of a 12" x 12" area of soil shall be
obtained by the selected Testing Laboratory prior to the commencement of and at the
completion of the paint removal operations. The samples obtained from each 12" x 12"
site shall be combined as a single sample, bagged, sealed, identified and taken or shipped
to the approved laboratory for analysis of lead content determining if there has been any
increase in lead content of the soil.
The Contractor shall be completely responsible to provide exterior containment such as
ground covers or tarping (if required or necessary) to protect surrounding natural
ground soils from becoming exposed to stripped or blasted waste or dust debris. If it is
determined that existing ground has been exposed by operations conducted by the
Contractor, it shall be the Contractor's responsibility to provide for any additional testing
and analyzation reports of soil samples to determine the extent of the exposure (if any)
and recommendations for rectifying the problem. The Contractor shall bear all costs
associated with correcting the contaminated ground soils due to negligence and lack of
containment techniques and practices.
2.3 CLEAN UP AND DISPOSAL
A. Clean Up:
The Contractor shall maintain surfaces of the lead control area free of accumulations of
paint chips and dust. Restrict the spread of dust and debris; keep waste from being
distributed over the general area. Do not dry sweep the area. At the end of each shift
and when the paint removal operation has been completed, the area shall be clean of
visible lead paint contamination. The Contractor shall certify in writing that the area
boundary air monitoring samples are less than 30 micrograms per cubic meter of air, the
respirator protection for the employees was adequate, the work procedures were
City of Lubbock, Painting Steel Tanks
09900 - 16
performed in accordance with 29 CFR 1910.1025, and the wipe sampling and visual
inspection indicates there are no visible accumulations of lead containing paint and dust
on the work site. Do not remove the lead control area or roped off perimeter and
warning signs prior to the Owner's receipt of the certification. The Owner's Project
Representative will visually inspect the affected surfaces for residual paint chips and
accumulate dust before removal of the lead control area.. Areas showing dust or residual
paint chips shall be recleaned.
B. Disposal of Paint and Contaminated Dust Classified as Hazardous Waste:
The Contractor shall be responsible for the daily logging of all removed, contained and
stored waste materials.
The Contractor shall collect lead containing waste, scrap, debris, bags, containers, —
equipment and lead contaminated clothing which may produce airborne concentrations
of lead particles and place in sealed impermeable bags. Affix a caution label to each bag.
Dispose of waste lead containing material at an Environmental Protection Agency
(EPA) - approved landfill. Handling, transport, and disposal of lead or lead
contaminated waste shall be in accordance with 40 CFR 260, 261, 262, 263, 264 and
265.
Special Note: The Waste Hauler must have adequate hazardous waste handling
insurance to completely cover any accidental spillage enroute to the
landfill site.
C. Manifesting the Waste
Contractor shall be responsible for profiling the hazardous waste which include sample
collection, laboratory analysis and profile paperwork, and responsible for all the proper
documentation from the generation of the waste to final disposal. Contractor must
manifest all the hazardous waste generated on behalf of the Owner's Representative in
accordance with 40 CFR 262.26 through 262.23. On the manifest the contractor must
describe the waste, designate the facility permitted to handle the waste, and include an
alternative facility. The Owner's Representative will sign the mainfest as the generator
of the waste. If the waste is transferred from one transporter to another, the manifest
must be signed by the next transporter to acknowledge receipt of the waste. Each of the
transporter must also keep a copy. Once the facility receives the waste for disposal, the
signed copy of the manifest is returned to the generator.
Contractor shall submit a copy of the signed manifest from the designated facility within
30 days of the date that the waste was accepted by the initial transporter.
D. Landfill:
The Contractor shall submit written evidence that the landfill for disposal is approved for
lead disposal by the USEPA and state or local regulatory agency. Submit detailed
delivery tickets certifying the amount of lead materials. delivered to the landfill, within 7
City of Lubbock, Painting Steel Tanks
09900 - 17
3.0
working days after delivery. The tickets shall show as a minimum the ticket number; the
name, address and phone number of the landfill; the name, address and phone number of
the waste hauler; the weight of the waste disposed; the origin of the waste; and signed
by both the agent of the landfill and the driver for the waste hauler, and dated.
MEASUREMENT AND PAYMENT
The lump sum prices bid in the Proposal shall include full compensation for furnishing
and performing all labor, materials, tools, and equipment including doing all the work
involved to safely and legally control, remove, transport and dispose of hazardous waste
complete in accordance with this Specification and Contract Documents.
END OF SECTION
City of Lubbock, Painting Steel Tanks
0,00
09905 - 1
SECTION 09905
COATING SPECIFICATION
FOR STEEL TANKS
PART 1-GENERAL
1.1 SCOPE
A. The work of this section includes the coating of all interior and exterior surfaces.
1.2 RELATED SECTIONS
A. Section 01010 - Summary of Work.
B. Section 01300 - Submittals.
C. Section 09900 - Removal and disposal of lead paint. ,
1.3 REFERENCE SPECIFICATIONS AND STANDARDS
A. Without limiting the general aspects of other requirements of these specifications, all surface
preparation, coating and paintin of interior and exterior surfaces shall conform to the
applicable requirements of the rtteel Structures Painting Council and the manufacturer's printed
instructions.
1. Solvent Cleaninj (SSPC-SP1): Removal of oil, grease, soil and other contaminants
by use of solven s emulsions, cleaning compounds steam cleaning or similar
materials and methods which involve a solvent or cleaning action.
2. Hand Tool Cleaning (SSPC-SP2): Removal of loose rust, loose mil scale and other
detrimental foreign matter to degree specified by hand chipping, scraping,
sanding and wire -brushing.
3. Power Tool Cleaning (SSPC-SP3): Removal of loose rust, loose mil scale and other
detrimental foreign matter to degree specified by power wire brushing, power
impact tools or power sanders.
4. White Metal Blast Cleaning (SSPC-SP5): Blast cleaning to a. gray -white uniform
metallic color until each element of surface area is free of all visible residues.
5. Commercial Blast Cleaning (SSPC-SP6): Blast cleaning until at least two-thirds of
each element of surface area is free of all visible residues.
6. Brush -Off Blast Cleanin ((SSPC-SP7): Blast cleaning to remove loose rust, loose mil
scale and other detrimental foreign matter to degree specified.
7. Near White Blast Cleaning (SSPC-SP10): Blast cleaning to near white metal
cleanliness, until at least 95% of each element of surface area is free of all visible
residues.
B. The Owner's Representative decision shall be final as the interpretation and /or conflict between
any of the referenced specifications and standards contained herein.
T
City of Lubbock, Painting Steel Tanks
09905 - 2
1.4
A.
B.
SUBMITTALS
Submit according to Section 01300 - Submittals:; Procedures for Submittals.
Submit the following to the Owner's Representative within 14 days of the signed contract date.
1. Manufacturer's color charts. Submittals must be approve d prior to application of the
of the coating system.
2. Requests for substitution shall include manufacturer's literature for each product giving
name, product number,' gge�neric type descriptive information, solids by volume,
recommended dry film thickness an3 certified lab test reports showing results to equal
the performance criteria of the products specified herein. In addition, a list of five
projects shall be submitted in which each product has been used and rendered
satisfactory service.
1.5 CONTRACTOR
A. The Contractor shall have five ears practical experience and successful history in the
application of specified producito surfaces of steel water tanks. Upon request, he shall
substantiate this requirement by furnishing a list of references and job completion.
1.61 QUALITY ASSURANCE
A. General:Quality assurance procedures and practices shall be utilized to monitor all phases of
surface preparation,application and inspection throughout the duration of the project.
Procedures or practices not specifically defined herein may be utilized provided they meet
recognized and accepted professional standards and are approved by the Engineer.
B. Surface Preparation: Surface preparation will be based`upon comparison with: "Pictorial
Surface Preparation Standards for Painting Steel Structures: SSPC-VIS 1-89 and ASTM
Designation D2200 "Standards Methods of Evaluation Degree of Rusting on Painting Steel
Surfaces" SSPC-VfS 2 and ASTM Designation D610; "Visual Standard for Surfaces of New
Steel Airblast Cleaned with Sand Abrasive".
C. Application_ No coating shall be applied: When the surrounding air temperature or the
temperature of the surface to be coated or painted is below the minimum surface
temperature for the products specified herein; or in rain, snow, fog or mist; when the
temperature is less than 5°F above the dew point; when the air temperature is expected
to drop below 40°F within six hours after application of coating; Dew point shall
measured by use of an instrument such as a Sling Psychrometer in conjunction with U.S
Department of Commerce Weather Bureau Psychrometric Tables. If the above
conditions are prevalent, coating or painting shall be delayed or postponed until
conditions are Favorable. The ay's coating or painting shall be completed in time to
permit the film sufficient drying time prior to damage by atmospheric conditions.
D. Thickness and Holiday Checking: Thickness of coatings and paint shall be checked with
a non-destructive, magnetic ;type thickness gauge. Destructive testing will not be allowed.
The intety of coated interior surfaces shall be checked with an approved inspection device.
Ns ruon-dective holiday shall not exceed 67 1/2 volts nor shall destructive holiday detectors
exceed the voltage recommended by the manufacturer of the coating system. For thickness
between 10 and 20 mils (250 microns and 500 microns) a non-sudsing type wetting a4ent, such
as Kodak Photo -Flow, shall be marked, repaired in accordance with the manufacturers
printed recommendations and re -tests. No pinholes or other irregularities will be
permitted in the final coating:
E. Inspection Devices: The Contractor shall furnish, until final acceptance of coating and
painting, inspection devices in good working condition for detection of holidays and
measurement of dry film thickness of coating and paint. The Contractor shall also furnish
U.S. Department of Commerce, National Bureau of Standards certified thickness
City of Lubbock; Painting Steel Tanks
POW
09905 - 3
calibration plates to test accuracy of dry film thickness bry
au esand certified
instrumentation to test accuracy of holiday detectors. � Hm thickness gauges and
holiday detectors shall be made available for the Owners-Representative use at all times until
final acceptance of application Holiday detection devices shall be operated in the presence
of the engineer.
F. Warranty Inspection: Warranty inspection shall be conducted during the eleventh month
following completion of all coating and painting work. All defective work shall be repaired in
accordance with this specification and to the satisfaction of the Owner's Representative.
1.7 SAFETY AND HEALTH REQUIREMENTS
A. General: In accordance with requirements set forth by regulatory agencies applicable
to the construction industry and manufacturer's printed instructions and appropriate
technical bulletins and manuals, the Contractor shall provide and require use or personal
protective lifesaving equipment for persons working on or about the project site.
B. Head and Face Protection and Respiratory Devices: Equipment shall include protective
helmets which shall be worn by all persons while in the vicmity of the work. In addition,
workers engaged in or near the work during sandblasting shall wear eye and face
protection devices and air purifying, half mask or mouthpiece respirators with
appropriate filters. Barrier creams shall be used on any exposed areas of skin.
C. Ventilation: Where ventilation is used to control hazardous exposure, all equipment shall
be explosion -proof. Ventilation shall reduce the concentration of air contaminants to the
degree a hazard does not exist. Air circulation and exhausting of solvent vapors shall be
continued until coatings have fully cured.
D. Sound Levels: Whenever the occupational noise exposure exceeds maximum allowable sound
levels, the Contractor shall provide and require the use of approved ear protective devices.
E. Illumination: Adequate illumination shall be provided while work is in progress including
explosion -proof lights and electrical equipment. Conform with all applicable ru1'es and
regulation from O.S.H.A. Whenever required by the Owner's Representative, the
Contractor shall provide additional illumination and necessary supports to cover all areas to be
inspected. The level of illumination for inspection purposes shall be determined by the
Owner's Representative.
F. Temporary, Ladders and Scaffolding: The contractor shall hire a professional engineer
registered in the State of Texas to design the all temporary ladders and scaffolding. Conform to
all -Federal State, and local rules and safety requirements. They shall be erected where
requested by the Owner's Representative fo facilitate inspection and be moved by the Contractor
to locations requested by the Owner's Representative.
PART 2 - MATERIALS
2.1 The coating system shall be manufactured by Tnemec Co., Inc., or- approved equal.
A. Materials specified are those that have been evaluated for the specific service. Products of the
Tnemec Co. are listed to establish a standard of qualittyy. Equivalent materials of other
manufacturers may be substituted on written approvatof the Owner's Representative. As part
of the proof of equality, the Owner's Representative will require at: the cost of the Contractor,
certified reports from a nationally known, reputable and independent testing laboratory
conducting comparative tests as directed by the Owner's Representative between the product
specified and the requested substitution.
I B. Requests for substitution shall include manufacturer's literature for each product giving
name, product number, generic type descriptive information, solids by volume,
recommended dry film thickness aWd certified lab test reports showing results to equal
7 City of Lubbock, Painting Steel Tanks
t
09905 - 4
the performance criteria of the products specified herein. In addition, a list of five
- projects shall be submitted in which each product has been used and rendered
satisfactory service.
C. ' Any material savings shall be passed to the owner in the form of a contract dollar reduction.
D. General contractor and painting contractor shall coordinate work so as to allow sufficient time
for paint to be delivered to the job site. '
E. All materials shall be brought to jobsite in original sealed containers. They shall not be
used until the Owner's Representative has inspectedcontents and obtained data from
information on containers or label. Materials exceeding storage life recommended by the
manufacturer shall be rejected.
F. All coatings and paints shall be stored in enclosed structures to protect them from
weather and excessive heat or cold. Flammable coatings orppaint must be stored to
conform with City, County, State and Federal safety codes for flammable coating or
paint materials. At all times coatings and paints shall be protected from freezing.
G. Interior Tank Coating System_
1. Surface Preparation: SSPC-SP10 near White Metal blast cleaning. All rough edges, weld
seams, and sharp corners shall be ground to a curve. After surface preparation and Cries
to painting, all weld seams must be brushed with a 25% thinned coating of Tnemec or
140-12I 1 Red primer. Allow 24 hours minimum dry time before application of full primer
coat.
2. lst Coat: Tnemec,Serie's 140-1255 Beige Pota-Pox Plus primer @ 6.5-8.0 dry mils.
Approved Thinner: 41-4 Thinner.
3. 2nd Coat: Tnemec Series 140-AA83 Tank White Pota-Pox Plus finish @ 6.5-8.0 dry
mils. Approved Thinner: 41-4 Thinner.
4. Total dry film thickness shall be a minimum of 14.0 mils pper SSPC dry film thickness
measuring standard. Seam sealer, shall be manufactured by Tnemec Series 63-1500
Filler & Surfacer. ;
5. When cold weather or scheduling' requirements dictate, Tnemec Series 44-700
Epoxy Accelerator can be added to Series 140 per manufacturer's printed
product data sheet instructions
H. Exterior Tank Coating Systems:
When cold weather or scheduling requirements dictate,` Tnemec Series 44--700
Epoxy Accelerator can be -added to fhe epoxies and Tnemec Series 44-710
Urethane Accelerator can be added to the urethanes per manufacturer's printed
product data sheet instructions
System: Epoxy Primer / Acrylic Polyurethane Finish
Surface Preparation: SSPC-SP6 Commercial Blast cleaning. All rough edges, weld
seams and sharp corners shall be ground to a curve.
City of Lubbock, -Painting Steel Tanks
09905 - 5
1st Coat: Tnemec Series 69 Hi -Build Epoxoline II (Color) @ 4.0-6.0 dry mils.
Approved Thinner: 41-4 Thinner.
2nd Coat: Tnemec Series 175 Endura-Shield (Semi -Gloss) a) 3.0-5.0 dry mils.
Approved Thinners: 41-42 Thinner (for spray application);
41-39 Thinner (for brush or roller application).
3rd Coat: Tnemec Series 76 Endura-Clear Satin @ 1.0-2.0 dry mils
Approved Thinners: 41-2 Thinner
Total dry film thickness shall be a minimum of 9.0 mils per SSPC dry film thickness
measuring standard.
PART 3 -EXECUTION
3.1 GENERAL
A. All surface preparation, coating and painting shall conform to applicable standards of
the Steel Structures Painting Council and the manufacturer's printed instructions. Material
applied to the surface prior to the approval of the Owner's Representative shall be removed and
re -applied to the satisfaction of the Owner's Representative at the expense of the Contractor.
B. All work shall be performed by skilled craftsmen qualified to perform the required work in
manner comparable with the best standards of practice. Continuity of personnel shall
be coordinated with the Owner's Representative.
C. The Contractor shall provide a supervisor at the work site during cleaning and application
operations. The supervisor shall have the authority to sign and change orders,
coordinate work and make decisions pertaining to the fulfillment of the contract.
D. Dust, dirt, oil, grease or any foreign matter that will affect the adhesion or durability of the
finish must be removed by washing with clean rags dipped in an approved cleaning
solvent and wiped dry with clean rags.
E. Coating and ppainting systems include surface preparation, prime coating and finish
coatings. Unless otherwise approved in writing by the Owner's Representative prime coating
shall be field applied. Where prime coatings are shop applied, the Contractor iUll instruct
suppliers to provide the prime coat compatible with the finish coat specified. Any off -site
work which does not conform to this specification that is damaged during transportation,
construction or installation shall be thoroughly cleaned and touched up in the field as
directed by the Owner's Representative. The Contractor shall use repair procedures which
insure the complete protection of all ad'acent primer. The specified repair method and
equipment may include wire brushing, and or power tool cleaning, or dry air blast cleaning. In
order to prevent injury to surrounding painted areas, blast cleaning may require use of
lower airpressure smaller nozzle and abrasive� pparticle sizes, or shorter blast nozzle
distance from sur>?ace shielding and masking. Tf damage is too extensive or
uneconomical to touch-up, then the item shall be re -cleaned and coated as directed
by the Owner's Representative.
F. The Contractor's coatin and painting equipment shall be designed for application of
materials specified and s�all be maintained in first class working condition. Compressors
shall have suitable traps and filters to remove water and oils from the air. Contractor's
equipment shall be subject to approval of the Owner's Representative.
I G. Application of the first coat shall follow immediately after surface preparation and
cleaning and before rust bloom occurs. Any cleaned areas not receiving first coat within
this period shall be re -cleaned prior to application of first coat.
7
City of Lubbock, Painting Steel Tanks
09905 - 6
H. Prior to assembly, all surfaces made inaccessible after assembly shall be prepared as
specified herein and shall receive the coating or paint system specified.
3.2 SURFACE PREPARATION
A. The latest revision of the following surface preparation specifications of the Steel
Structures Painting Council shall form a part of this specification:
Interior: SSPC - SP10: near White Metal blast cleaning.
Exterior: SSPC - SP6: Commercial Blast Cleaning.
B. Slag and weld metal accumulation and spatters not removed by the Fabricator, Erector
or Installer shall be removed by chipping and grinding. All sharp edges shall be penned,
ground or otherwise blunted as required by the Owner's Representative.
C. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed.
D. Particle size of abrasives used in blast cleaning shall be that which will produce a 1.5-2.0
mils (37.5 microns-50.0 microns surface profile or in accordance with recommendations
of the manufacturer of the specified coating or paint system to be applied.
E. Abrasive used in blast cleaning operations shall be new, washed, graded and free of
contaminants that would inte ere with adhesion of coating or paint and shall not be
reused unless specifically approved by the Owner's Representative.
F. During blast cleaning operations caution shall be exercised to insure that existing
coatings or paint are not exposed to abrasion from blast cleaning.
G. The Contractor shall keep the area of his work and the surrounding environment in a
clean condition. He shall not permit blasting, materials to accumulate as to constitute a
nuisance or hazard to the accomplishment of the work, the operation of the existing
facilities, or nuisance to the surrounding environment.
H. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or
paint. No coatings or paint shall be applied over damp or moist surfaces.
I. All welds shall be neutralized with a suitable chemical compatible with the specified
coating materials.
J. Specific Surface Preparation_ Surface preparation for the specific system shall be as
noted in Section 2.01 Paragraphs D and E.
3.3 APPLICATION - GENERAL
A. Coating and paint application shall conform to the requirements of the Steel Structures
Painting Council Paint Application Specification SSPC-PA1, latest revision, for "Shop, Field
and Maintenance Painting .
B. Thinning shall be permitted only as recommended by the manufacturer approved by the
Engineer, and utilizing the thinners stated in Section 2.01 Paragraphs D and E.
C. Each application of coating or paint shall be applied evenly, free of brush marks, sags,
runs, no evidence of poor workmanship. Care shall be exercised to avoid lapping on
glass or hardware. of
and paints shall be sharply cut to lines. Finished surfaces
"shall be free defects or blemishes.
City of Lubbock, Painting Steel Tanks
09905 - 7
D. Protective coverings or drop cloths shall be used to protect floors fixtures, and
equipment. Care shall be exercised to prevent coatings or paints ?rom being spattered
onto surfaces which are not to be coated or painted. Report surfaces from which
materials cannot be satisfactorily removed to the Owners Representative.
E. When two coats of coating or paint are specified, where possible, the first coat shall
contain sufficient approved color additive to act as an indicator of coverage or the two
coats must be of contrasting color.
F. Film thickness per coat specified in Section 2.01 Paragrghs D and E are minimum
required. If rover application is deemed necessary, the ontractor shall apply additional
coats as to achieve fhe specified thickness.
G. All material shall be applied as specified.
3.4 COATING SYSTEMS APPLICATION
A. After completion of surface preparation as specified for the specific system, materials
shall be applied as noted in Section 2.1 Paragraphs D and E.
3.5 COLOR SCHEME
A. The Engineer shall select colors for the project. The Contractor shall submit a current
chart of the manufacturer's available colors to the Owner's Representative thirty days prior to
the start of coating.
3.6 DISINFECTION
A. Disinfection of interior surfaces shall be performed in the_presence of the Owner's
Representative in accordance with all the requirements of applicable AWWA Standards and
regulatory agencies.
B. Disinfection shall be performed after protective coatings have been applied to the
interior surfaces and allowed to thoroughly cure.
C. Prior to disinfectin , the complete interior shall be washed down with clean water and
thoroughly flushedgout.
D. All interior surfaces shall be thoroughly washed with a solution having a minimum chlorine
content of 50 PPM. Chlorine solution accumulated on the bottom shall be drained to
waste. Rinsing with clear water is not required.
3.7 SOLVENT VAPOR REMOVAL
A. All solvent vapors shall be completely removed by suction -type exhaust fans and blowers
before placing in operating service.
3.8 CLEAN UP
A. Upon completion of the work, all staging, scaffolding and containers shall be removed
from the site or destroyed in a manner approved by the Owner's Representative. Coating or
paint spots or oil stains upon adjacent surpfaces shall be removed and the jobsite cleaned. All
damage to surfaces resulting from the work of this section shall be cleaned, repaired, or
refinished to the satisfaction of the Owner's Representative at no cost to the Owner.
END OF SECTION
,a I
City of Lubbock, Painting Steel Tanks
Analytical Results for
Paint Samples
Exhibit A Composite samples of paint chips for outer wall of the tank.
Exhibit B Composite samples of paint chips on the inside wall of the 400,000
gallon tank (Canyon Lakes Storage Tank) at East 37 St. and Guava Ave.
Exhibit C Composite samples of paint chips on the inside wall of the 1.1 million
gallon tank (backwash tank) at 6001 N. Guava Avenue.
LUBBOCK CHRISTU4N UNNERSITY
INSTITUTE OF WATER RESEARCH
6601 1Qth SV"t • Lubbock, Texas 79407 • (806) 796.800 0 1.8 4.678-6901
�^ Receisfing Date: 07/21/93
(� Reporting Date: 01/26,93
Project Number NONE GIVEN
r� Project Name: NONE GIVEN
! Project Location: NONE GIVEN
ANALYTICAL RESULTS FOR
CITY OF LUBBOCK
WATER UTILITIES DIVISION
ATTN: SOO KOON SOON
P. O BOX 2000
LUBBOCK. TX 79457
FAX a: 762.3623
Samplinq Date 01.21/93
Sample Type- PAINT
Simple Condition: INTACT
Sample Received By: TH
TOTAL METALS
LCUIWR 6 Field Code Ca Cr Pb
(ppm) (ppA1) (PPM)
ANALYSIS DATE.
0712613
07/26t53
07/26/93
930721.023 SOTH 8 JOLIET
<5
31
165.000
930721-024 WTP BACKWASH
<5
3,220
01,500
930721.025 CANYON LAKES
<5
5
28.200
Quality Control
0.5040
4.926
4.94
True Value QC
0.500
5.00
5.00
% Accuracy
101
98
99
% Precision
98
96
89
METHODS: EPA 600/4-91,010-200 2, 200 7
f
i.l
RalaW K T " ant OltKtor
` I Terry Harlan, Dirwor
7
(its: 30721230.XLS
Exhibit A
F1W
r
LUBBOCK CHRISTIAN UNIVERSITY
INSTITUTE OF WATER RESEARCH
5601 19t>7 Su"t • Lubbock, TX 79407 • P.O. Drawer 16061 • Lubbock, TX 79490-Mi
(8W) 7964MM • 1.800.8784901 • Fax (806) 796-8902
ANALYTICAL RESULTS FOR
CITY OF LUBBOCK
ATTN: SOO KOON SOON
1625 - 13TH STREET
LUBBOCK, TX 79401
• Receiving Date: 11/19/93
Reporting Date: 11/23/93
Project Number: NONE GIVEN
Project Name: PAINTING WATER TANK
Project Location: CANYON LAKES STORAGE TANK
LCUIWR i FIELD CODE
Sampling 0,%te: 11/18M3
Sample Type: PAINT CHIPS
Sample Condition: INTACT
Sample Received By: TH
TOTAL
Cd Cr Pb
(Ppm) (Ppm) (Ppm)
ANALYSIS DATE
11/22/93
11/22/93
11/22193
931119-003 CANYON LIKES STORAGE
<5
15.3
785
INSIDE WALL PAINT CHIPS
Quality Control 5.023
4.S59
4.566
True Value GC
5.000
5.000
5.000
% Accuracy
100
97
97
Relative Percent Difference
12
6
S
METHODS: EPA 600/4-91-010.200.7
L. Ken Ph. 0.. Corporate Executive Officer
Terry Ha , Assistant Director
Raland K Tuttle, Assistard Director
f -
Date
31119030. XLS
T
Exhibit B
r
LUBBOCK CHRISTM UNIVERSITY
INSTITUTE OF WATER RESEARCH
SW1 19th street • Lubbock, TX 7W07 • P.O. Drawer 16061 • Lubbock, TX 79490.6051
(806) 796-8900 • 14300.678-8901 • Fax (806) 796-8902
ANALYTICAL RESULTS FOR
CITY OF LUBBOCK
ATTN: SOO KOON SOON
LUBBOCK WATER UTILITIES
1625 - 13TH STREET
LUBBOCK, TX 79401
Receiving Date: 12/01/93 FAX TO: 762-3623
Reporting Date: 12/03/93
Project Number: NONE GIVEN
Project Name: PAINTING OF WATER TANKS
Project Location: WATER TREATMENT PLANT
LCUIWR # FIELD CODE
Sampling Date: 11/30/93
Sample Type: PAINT CHIPS
Sample Condition: INTACT
Sample Received By: LL
TOTAL
Cd Cr Pb
(ppm) (ppm) (ppm)
ANALYSIS DATE
12/03/93
12/03/93
12/03/93
931201-007 SAMPLE A
10
70
469
931201-008 SAMPLE B
8.0
1 55
322
Both - inside wall paint chip of back wash
tank at Water Treatment Plant.
Quality Control
5.092
5.183
4.877
True Value QC
5.000
5.000
5.000
% Accuracy
102
104
98
Relative Percent Difference
2
2
2
METHODS: EPA 600/4-91-010. 200.7
L. Ken Jones, h. D., Corporate Executive Officer
j Terry Harma , Assistant Director
Ratand K Tuttle, Assistant Director
1 ,I
31201070.XLS
7
Exhibit C
/a - 3 - 92
Date
Plans
Plan 1
Site Plan
Plan 2
Aerial Photo of 400,000 gallon ground storage tank
Plan 3
Profile View of 400,000 gallon ground storage tank
Plan 4
Aerial Photo of 1.1 million gallon ground storage tank
Plan S
Profile View of 1.1 million gallon ground storage tank
Plan 6
Aerial Photo of 1 million gallon elevated storage tank
Plan 7
Profile View of 1 million gallon elevated storage tank
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Plan 7