HomeMy WebLinkAboutResolution - 5246 - Contract - Plains Builders Inc - Concrete Water Tank Painting - 08_22_1996RESOLUTION NO.5241
August 22, 1996
Item #20
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 with Plains Builders, Inc. of
Amarillo, Texas, to furnish and install all materials and services as bid for the Concrete Water
Tank Painting, attached hereto and which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail
Passed by the City Council this
ATTEST:
Ft arold Willard,
APPROVED AS TO CONTENT:
it
Victor Kilman,lPurchasing Manager
APPROVED AS TO FORM:
Attorney
DGV:js/K-PBI.RES
ccdocs/August 12, 1996
Interim
City Secretary
CITY OF LUBBOCK
SPECIFICATIONS FOR
CONCRETE WATER TANK PAINTING
BID #13627
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CITY OF LUBBOCK 9
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Lubbock, Texas N
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
CORRECTED COPY
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB #13627 - CONCRETE WATER TANK PAINTING
ADDENDUM 91
Officc of
Purchasing
July 16, 1996
July 17, 1996 @ 2:00 P.M.
July 23, 1996 @ 4:00 P.M.
The following items take precedence over specifications for the above named ITB. Where any item
called for in the ITB documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. Please note the following Industrial Hygienist located in Lubbock, Texas:
Raymond Vaughn Clark Delavan
Compliance Services Group, Inc. King Consultants
7619 University, Suite 2A 1205 E. 46th Street
Lubbock, Texas 79423-2123 Lubbock,Texas 79404
Phone (806) 748-0040 Phone (806) 763-6157
Fax (806) 748-0030 Fax (806) 985-4019
2. Please note the following information on material suppliers:
Tenemec Representative
Joe Berry
Techno Coatings, Inc.
4975 Preston Park Blvd.
Suite 480
Piano, Texas 75093
Phone (214) 985-4020
Fax (214) 985-4019
SIKA Representative
James Robbs
14331 Ablon
Dallas, Texas 75234
Phone (214) 243-4552
Fax (214) 243-4431
Thoruseal Seal Representative
John Hale
3839 50th Street
Lubbock, Texas 79413
Phone (806) 797-4346
Fax (806) 7979-1409
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3. The independent Certified Industrial Hygienist Technician must collect soil samples from
five different locations on each job site and test the soil samples for total metal content
E on basic 8 heavy metals before and after lead abatement work Contractor will remove
4 any soil with any increase of 8 heavy metals and replace the soil removed.
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4. Please note the following electrical power available at the various sites:
LHB, 3000 North Quaker Ave. 2300 Volts & 120 Volts
P.S. #6, 402 66th Street 440 Volts & 120 Volts
P.S. #4, 202 North Interstate 27 4160 Volts & 120 Volts
Sandhills Pump Station 2300 Volts & 120 Volts
5. For the surface preparation for System 1 and System 3, only remove all loosely bonded
coatings and other visible contaminants. Removal operation should be minimal and only
to the areas that would compromise the integrity of the new coating.
6. Contractor may hydroblast or water blast or wet abrasive blasting. No dry abrasive
blasting will be allowed and no sand will be allowed to be used.
7. Enclosed please find the revised Bid Submittal form. Please note the corrections to the
descriptions of Bid Item 1 and 4. Also, the corrections to the tank dimensions Bid Item 3
and 4. Please submit your bid on the revised form.
8. Change the bid closing:
from: July 17, 1996 @ 2: 00 P.M.
to: July 23, 1996 @ 4:00 P.M.
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to :
PLEASE RETURN ONE COPY WITH YOUR BID.
r LR
Enclosure
Laura Ritchie
Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806)767-2164
THANK YOU,
90,L tau
LAURA RITCHIE
BUYER
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BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE:
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i DATE:
r PROJECT NUMBER: 13627 -CONCRETE WATER TANK PAINTING
Bid of _ (hereinafter called Bidder)
(� To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
i Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
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having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project Including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
vwrk required under the contract documents.
BID ITEM 1. Complete removal and disposal of existing paint or coating containing lead from the vertical surfaces of
Sandhills 5 Million Galion ground storage tank, 8 miles Northwest of they City of Sudan. Vertical surfaces
consist of the edge of the lid and the wail of the tank. Sealing the vertical surfaces of the tank.
Dimensions: Approximately 219' D x T H
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BASE BID ITEM 1: ($ )
BID ITEM 2. Removal and disposal of existing loose coating system from the wall and dome roof of the LHB - 5
Million Gallon ground storage tank located at 3000 North Quaker Avenue and recoating the outside wail
and dome roof of the tank
Dimensions: Approximately 160' D x 43' H
MATERIALS: ($ )
SERVICES: ($; )
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TOTAL BASE BID ITEM 2: ($; )
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BID ITEM 3. Removal and disposal of loose coating from the outside wall and dome roof of the P.S. No. 4.5 Million
Gallon ground storage tank located at 202 North 1-27, and recoating the whole tank
Dimensions: Approximately 207' D x 31' H
MATERIALS: _($ )
SERVICES:
($ )
TOTAL BASE
BID ITEM 3: ($ )
BID ITEM 4.
Complete removal and disposal of existing paint or coating containing lead from the vertical surfaces of
P.S. No. 6 - 2 Million Gallon ground storage tank located at 402 66 Street. Vertical surfaces consist of
the edge of the roof and the wall of the tank. And sealing the vertical surfaces of the tank.
Dimensions: Approximately 140' D x 10" H
MATERIALS:
($ )
SERVICES:
($ )
FTOTAL BASE BID ITEM 4: ($ )
FTOTAL BASE BID:
MATERIALS: ($
SERVICES: ($ )
r TOTAL BASE BID (Items 1 through 4) ($ )
ALTERNATE BID ITEM 1. Rehabilitate all the spalled concrete areas of the concrete lid or roof of Sandhills 5
Million Gallons Ground Storage Tank This includes spalled areas greater than 1/2 the
thickness of the reservoir.
MATERIALS: ($ )
SERVICES: ($ )
TOTAL ALTERNATE BID ITEM 1: ($ )
r.. (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 100 (ONE HUNDRED) 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions
of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
l Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
_ bidding.
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The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
r.. on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter Into a contract and execute all necessary bonds (if
required) within 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ),
Mich it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by
f the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the
Owner within ten (10) days after the date of receipt of written notification of acceptance! of said 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.
Authorized Signature
(Printed or Typed Name)
Company
Address
City, County
State Zip Code
Telephone:
Fax Number.
(Seal if Bidder is a Corporation)
ATTEST:
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Secretary
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LIST OF SUBCONTRACTORS
Minority Owned
Yes
No
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
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PLACE:
DATE:
BID SUBMITTAL
LUMP SUM BID CONTRACT
PROJECT NUMBER: 13627 - CONCRETE WATER TANK PAINTING
Bid of - (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
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
i.- work required under the contract documents.
BID ITEM 1. Complete removal and disposal of existing paint or coating containing lead from the vertical surfaces of
Sandhills 5 Million Gallon ground storage tank, 8 miles Northwest of the City of Sudan. Vertical surfaces
consist of the edge of the lid and the wall of the tank. Sealing the vertical surfaces of the tank. As
specified herein. Dimensions: Approximately 219' D x T H
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BASE BID ITEM 1: ($ )
BID ITEM 2. Removal and disposal of existing loose coating system from the wall and dome roof of the LHB - 5
Million Gallon ground storage tank located at 3000 North Quaker Avenue and recoating the outside wall
and dome roof of the tank. As specified herein. Dimensions: Approximately 160' D x 43' H
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BASE BID ITEM 2: ($ )
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BID ITEM 3. Removal and disposal of loose coating from the outside wall and dome roof of the P.S. No. 4-5 Million
Gallon ground storage tank located at 202 North 1-27, and recoating the whole tank. As specified herein.
Dimensions: Approximately 207' D x 31' H
MATERIALS: ($ )
SERVICES: ($; )
TOTAL BASE BID ITEM 3: U; )
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BID ITEM 4. Complete removal and disposal of existing paint or coating containing lead from the vertical surfaces of
P.S. No. 6 - 2 Million Gallon ground storage tank located at 402 66 Street. Vertical surfaces consist of
the edge of the roof and the wall of the tank And sealing the vertical surfaces of the tank. As specified
herein. Dimensions: Approximately 140' D x 10" H
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BASE BID ITEM 4: ($ )
TOTAL BASE BID:
MATERIALS: ($ )
SERVICES: ($ )
r.. TOTAL BASE BID (Items 1 through 4) ($ )
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ALTERNATE BID ITEM 1. Rehabilitate all the spalled concrete areas of the concrete lid or roof of Sandhills 5
Million Gallons Ground Storage Tank. This includes spalled areas greater than 112 the
thickness of the reservoir. As specified herein.
MATERIALS: ($ )
SERVICES: ($ )
TOTAL ALTERNATE BID ITEM 1: ($ )
ALTERNATE BID ITEM 2. Complete removal and disposal of existing paint system from the outside wall and the
Mole 2 doors of the pump building at the LHB - 5 Million Gallon ground storage tank
located at 3000 North Quaker Ave., and recoat the outside wall with System 1, and the
complete doors and frames with prime coat Tenemec Series 50-330 Poly-Ura-Prime
2.5 mils and finish coat Series 75 Endura Shield @ 4 mils. As specified herein.
Dimensions: Building -Approximately 14' H x 5T L x 31' W;
Door 1 - Approximately 8' H x 8' W
Door 2 - Approximately 8' H x 4' W
MATERIALS: ($ )
SERVICES: ($ )
TOTAL ALTERNATE BID ITEM 2: ($ )
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► (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 100 (ONE HUNDRED) 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions
of the contract documents.
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Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled dosing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if
required) within 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of _ Dollars
Mich 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
Owner 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.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Authorized Signature
(Printed or Typed Name)
Company
Address
City, County
State Zip Code
Telephone: -
Fax Number: -
1.
2.
3.
4.
5.
6.
7.
s.
10.
UST OF SUBCONTRACTORS
Minority Owned
Yes
No
0
❑
❑
❑
0
❑
❑
0
❑
❑
0
0
❑
❑
❑
0
❑
❑
❑
❑
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City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
606-767-2167
t.
MAILED TO VENDOR: July 16, 1996
Office of
Purchasing
OLD CLOSE DATE: July 23, 1996 @ 4:00 P.M.
NEW CLOSE DATE: July 25, 1996 @ 4:00 P.M.
ITB #13627 - CONCRETE WATER TANK PAINTING
ADDENDUM #2
The following items take precedence over specifications for the above named ITB. Where any item
called for in the ITB documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
Request for interpretation of specifications must be addressed to
Laura Ritchie
Box 2000
Lubbock,Texas 79457
Fax (806) 767-2164
to be given consideration and must be received at least five (5) days prior to the date
fixed for the opening of bids.
2. A bidder may submit a bid even though they did not attend the pre -bid meeting provided
the bidder made all investigations and examinations necessary to ascertain all site
conditions and requirements affecting the full performance of the contract. Before
submitting a bid, each bidder must thoroughly examine the P oiect sites to ensure that the
services you are bidding meet the intent of these specifications. Site visits must be
scheduled by contacting Soo Koon Soon at (806) 767-2343.
3. Enclosed please find a CORRECTED COPY of Addendum #1. Please note the
correction of the Bid Number.
4. Enclosed please find the revised Bid Submittal form. Please note the addition of
Alternate Bid Item #2. This alternate is for work to be completed on the Pump Building
located adjacent to LHB - 5 Million Gallon ground storage tank located at 3000 North
Quaker Avenue. Please submit your bid on the revised form.
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6:Parc6:tddxd Ldoc 7/1616 310 PM
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i 5. Change the bid closing:
from. July 23, 1996 C 4.00 P.M.
to: July 25, 1996 @ 4:00 P.M.
All requests for additional information or clarification must be submitted in writing and directed to:
Laura Ritchie
Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 7M7
r
Questions may be faxed to: (806)767-2164
THANK YOU,
-
LAi RITCHIE
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID.
LR
Enclosure
6:pGKL—'dmda.doo 7116M 237 PM
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 7J457
606-767-2167
MAILED TO VENDOR:
CLOSE DATE:
ITB 013627 - CONCRETE WATER TANK PAINTING
Office of
Purchasing
July 22, 1996
July 25, 1996 @ 4:00 P.M.
ADDENDUM 93
The following items take precedence over specifications for the above named ITB. Where any item
called for in the ITB documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. Alternate Bid Item #2: The lead content is approximately 25 PPM for the Pump Building
located adjacent to LHB - 5 Gallon ground storage tank located at 3000 North Quaker
Avenue.
All requests for additional information or clarification must be submitted in writing and directed to:
Laura Ritchie
Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to : (806)767-2164
PLEASE RETURN ONE COPY WITH YOUR BID.
LR
THANK YOU,
4uta fjtic7u--4��
LAURA RITCHIE
BUYER
6yurc addend-Ldoc 7MM6 3:19 PM
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: CONCRETE WATER TANK PAINTING
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13627
PROJECT NUMBER: 9751.9226
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITION
NOTICE TO BIDDERS
i NOTICE TO BIDDERS
BID #13627
1.
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street., Room L-04, Lubbock, Texas, 79401, until 2:00
o'clock p.m. on the 17th day of July. 1996, 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:
f "CONCRETE WATER TANK PAINTING"
1 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.
t It is the sole responsibility of the bidder to Insure that his bid Is actually in the office of the Purchasing Manager
C 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 8th day of August, 1996, 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 in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price
exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
f j $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the
rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder.
f' 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.
` 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
t" thoroughly investigated and considered in the preparation of the bid submitted. There will be a MANDATORY prebid
conference on 10th day of July, 1996, at 9:00 o'clock a.m., in the Training Room L-01, 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
j 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.
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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.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings
and bid openings are available to all persons regardless of disability. If you would like bid information made available in
a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at
(806) 767-2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
ti&!Ij
VICTOR KILMAN
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164.
GENERAL INSTRUCTIONS TO BIDDERS
••►
GENERAL INSTRUCTIONS TO BIDDERS
1. 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 CONCRETE WATER TANK PAINTING.
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.
r" 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:
LAURA RITCHIE
BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)767-2164
TIME AND ORDER FOR COMPLETION
r` The construction covered by the contract documents shall be fully completed within 100 (ONE HUNDRED)
? consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the
successful bidder.
f�f The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the
f 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
f
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
r contract documents.
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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.
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 swom 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.
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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
r immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
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14. 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,
t- and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
J 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.
15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the 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
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders'
attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for
the payment of the wage schedules above mentioned and the bidder's obligations 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 y
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 day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, swom, 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 ESCALATION 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 -
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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 Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
0) 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.
23. QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The bidder may also be required to give a past history and references in order
to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to
complete the work described therein. Evaluation of the bidder's qualifications shall include:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
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4. The quality of performance of previous contracts or services.
7
BID SUBMITTAL
F
BID SUBMITTAL
LUMP SUM BID CONTRACT
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�- PLACE: Lv y � lyc--
DATE: "7
PROJECT NUMBER: 13627 - CONCRETE WATER TANK PAINTING
Bid ofe.lA7sLr�P� .t�x� �— (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
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to fumish all labor,
l 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.
i BID ITEM 1. Complete removal and disposal of existing paint or coating containing lead from the vertical surfaces of
Sandhills 5 Million Gallon ground storage tank, 8 miles Northwest of the City of Sudan. Vertical surfaces
consist of the edge of the lid and the wall of the tank. Sealing the vertical surfaces of the tank As
i specified herein. Dimensions: Approximately 218' D x T H
eo
1. MA
SE
C TO
(� BID ITEM 2. Removal and disposal of existing loose coating system from the wall and dome roof of the LHB - 5
9 Million Gallon ground storage tank located at 3000 North Quaker Avenue and recoating the outside wall
and dome roof of the tank. As specified herein. Dimensions: Approximately 160' D x 43' H
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BID ITEM 3. Removal and disposal of loose coating from the outside wall and dome roof of the P.S. No. 4-5 Million
Gallon ground storage tank located at 202 North 1-27, and recoating the whole tank. As specified herein.
r Dimensions: Approximately 20-P D x 31' H oa
l MATERIALS:17
($
r SERVICES:
( TOTAL BASE BID ITEM 3:
F
it
F
BID ITEM 4. Complete removal and disposal of existing paint or coating containing lead from the vertical surfaces of
P.S. No. 6 - 2 Million Gallon ground storage tank located at 402 66 Street. Vertical surfaces consist of
the edge of the roof and the wall of the tank And sealing the vertical surfaces of the tank As specified
herein. Dimensions: Approximately 140' D x 10" H Do
TOTAL BASE BID:
MATERIALS: 00-
SERVICES: QAe
TOTAL BASE BID (Items 1 throug
/.mrkfMIx
010
c '7 -7 _ )
ALTERNATE BID ITEM 1. Rehabilitate all the spalled concrete areas of the concrete lid or roof of Sandhiils 5
Million Gallons Ground Storage Tank. This includes spalled areas greater than 1/2 the
thickness of the reservoir. As specified herein.
MATERIALS:
d �
SERVICES: a ($,��7 )
TOTAL ALTE ATE ($
BI ITEM 1:
ALTERNATE BID ITEM 2. Complete removal and disposal of existing paint system from the outside wall and the
whole 2 doors of the pump building at the LHB - 5 Million Gallon ground storage tank
located at 3000 North Quaker Ave., and recoat the outside, wail with System 1, and the
I^ complete doors and frames with prime coat Tenemec Series 50-330 Poly-Ura-Prime
L 2.5 mils and finish coat Series 75 Endura Shield @ 4 mils. As specified herein.
Dimensions: Building -Approximately 14' H x 57 L x 31' W;
Door 1 - Approximately 8' H x 8' W
Door 2 - Ap roxim ely 8' H x 4' W
MATERIALS:
SERVICES: VQ �
TOTAL ALTE EID ITEM
1.
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(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
t "Notice to Proceed" of the Owner and to fully complete the project within 100 (ONE HUNDRED) consecutive calendar
t 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions
f of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
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bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the wprk covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if
required) within 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ i ) or a Bid Bond in the sum of 54� Dollars ($ J,
Mich 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
Owner 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.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary /
LT
Authorized Signaturie
Tim Koetting
(Printed or Typed Name)
ins Builder
Company
P.O. Box 7009
Address
®mnri11n Randall
City, County
UXMC: , 79114-7008
State Zip Code
Telephone:806 355-8191
Fax Number.806 - 354-0112
L A
m�w&'MQ
UFE&cASUAI-TY
BID BOND
,KNOW ALL MEN BY THESE PRESENTS,
That we, Plains Builders, Inc.
P.O. Box 7008
r Amarillo, Texas 79114
THE ATNA CASUALTY AND SURETY COMPANY
Hartford, Connecticut 06115
Bond No.
as Principal, hereinafter called the Principal, and
THE ETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation duly organized under the laws of the
7State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Lubbock, Lubbock, Texas
as Obligee, hereinafter called the Obligee, in
the sum of Five Percent Of The Total Amount Bid*** Dollars
5$ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Project No. 13627, Painting Water Tank
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the 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
rspecified 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 25th day of July
F, 4u'kl,4�-
(Witness)
L �
(Witness)
F=AIA DOCUMENT A310
BID BOND
FEBRUARY 1970 ED.
FrHE AMERICAN INSTITUTE OF ARCHITECTS
1S-1669-c.1 10.70
,19 96
Plains Builders, Inc.
(Principal) (Seal)
L/t cw_ r t E+It.
(Title)
TH TNA CASUALTY AND RETY COMPANY
ice•... �.,. �, ► , _, _,
(Av'orney-in Vact1
CAT. 227641
PRINTED 414 U.S.A
I Mt At i iliA GAJUAL 1 T AINU JUMt I T t:UMVAIN T
Hartford, Connecticut 06156
r
L
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYISI-IN-FACT
KNOW ALL MEN BY THESE PRESENTS. THATTHE AETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the
State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
Lee Napier, Dan B. Flemming, William L. Hamilton, Jr., John W. Murray
James J. Bovenzi, Susan Nicks *
Amarillo,TX
of ,its true and lawful Attorney(s)-in-Fact, with lull power and authority hereby conferred
to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there desig-
nated , the following Instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,
recognizance, or conditional undertaking and any and all consents incidents thereto
F
and to bind THE AETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as If the same were signed by the duly
authortzed officer. of THE AETNACASUALTY AND SURETY COMPANY, and all the acts of said Attomey(s)-In-Fact,pumuant to the authority herein
given, are hereby ratified and confirmed.
This appointment Is made under and by authority of the following Standing Resolutions of said Company, which Resolutions are now in full force
and effect -
VOTED. That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior
Vke President. Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident
Vice Presidents, Resident Assistant Secretaries, Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such
appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,
recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of
said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a
Group Executive, a Senior Vice President, a Vice President. an Assistant Vice President or by a Resident Vice President, pursuant to the power
prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or
Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant
Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys•in-Fact pursuant to the power prescribed in his or their certificate
or certificates of authority.
This Power of Attorney and CertBlcam of Authority Is signed and sealed by facsimile under and by authority of the following Standing Resolution
voted by the Board of Directors of THE AMA CASUALTY AND SURETY COMPANY which Resolution Is now In full force and effect:
VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President. Any Group
Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President Any Secretary, Any Assistant Secrotary, and the seal of the
Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident
Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds end undertakings and other writings obligatory in the
nature thereof, and any such power of attorney or certificete bearing such facsimile signature or facsimile seal shall be valid and binding upon the
Company and any such power to executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vic* President
and its corporate seat to be hereto affixed this 2nd day of June ' 19 93
THE AUSOMPANY
"• -e 4•
State of Connecticut 4O� y Gear Tho
ss. Hartford
County of Hartford Assistant Vice heslden
On this 2nd day of June ,19 93 before me personally come GEORG£ W, THOMPSON tome known, who,
being by me duty sworn, did depose and say: that he/she is Assistant Vlea President of THE AETNA CASUALTY AND SURETY COMPANY, the
corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said
instrument Is such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of his/(her office under
the Standing Resolutions thereof.
•� u e`
•� My commission expires August 71.199E Notary Public
Dorothy L Mart!
CERTIFICATE
1. tha undersigned, Secretary of THE AETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and
furthermore, that the Standing Resolutions of the Board of Directors, as set forth In the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut- Dated this 25 t h day of
July .19 96 es/
-
��'
1 ... �
i ��,iP William T. DiRoberts
.S-19I1f(M) t3-93) Secretary
l ABID BOND
l .
�- UFE&CAVJA Y
KNOW ALL MEN BY THESE PRESENTS,
l
That we, Plains Builders, Inc.
P.O. Box 7008
Amarillo, Texas 79114
THE ATNA CASUALTY AND SURETY COMPANY
Hartford, Connecticut 06115
Bond No. Cc [Ply
as Principal, hereinafter called the Principal, and
THE ETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation duly organized under the laws of the
State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Lubbock, Lubbock, Texas
t.
F
as Obligee, hereinafter called the Obligee, in
rthe sum of Five Percent Of The Total Amount Bid*** Dollars
l (S 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
F
Project No. 13627, Painting Water Tank
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the 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 to 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.
rSigned and sealed this 25th day of July .19 96
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(Witness)
(Witness)
AIA DOCUMENT A310
BID BOND
�+ FEBRUARY 1970 ED.
k THE AMERICAN INSTITUTE OF ARCHITECTS
t _43-I869.G) 10.70
Plains Builders, Inc.
(Principal) (Seal)
(Title)
THE ETNA CASUALTY AND SURETY COMPANY
By
James TSovenzi (Attorney -in -Fact)
CA r. 227641
PRINTED 4N U.S.A
LIST OF SUBCONTRACTORS
Minority Owned
Yes
No
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PAYMENT BOND
BOND CHECK
BEST RATING.
LICE: SED IN TEXAS
DATE_ ` y
STATUTORY PAYMENT
BOND - TEXAS
Aetna Casualty & Surety Company of America
Hartford Connecticut 06156
KNOW ALL MEN BY THESE PRESENTS, that PLAINS BUILDERS, I NC.
P. 0. BOX 7008, AMARILLO, TX 79114
(hereinafter called the Principal(s), as Principal(s) and AETNA CASUALTY & SURETY COMPANYOF
AMERICA (hereinafter called the Surety(ies), as Surety(ies), are held and finely bound unto
CITY OF LUBBOCK, LUBBOCK COUNTY, LUBBOCK, TX
r
k hereinafter called the Obligee), in the amount of THREE HUNDRED NINE THOUSAND TWO HUNDRED
TWENTY THREE AND N01100 -----------------------------------------------------
($ 309, 223. 00---------- )Dollars for the payment where of, 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 contract with the Obligee, dated the 22ND
day of AUGUST
19 96 , to
CONCRETE WATER TANK PAINTING*- BID #13627
which contract is hereby referred to and made a part hereof and to the same extent R 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 Chapter 2253 of the Texas Government
Code and all liabilities on this bond shall be determined in accordance with the provisions of said Code 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 AUGUST 19 -96
PLAINS BUILDERS, INC..
-~ Principal`
. y
BY: iGC 7fe�t idrrJt
Principal
A CASUAL & SUfirVY COMPANY OF AMERICA
ram! ,.
J S J .0z' �p ey-irt-_FOct
S-1876-13-1 (10-95)
r
STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE
AETNA CASUALTY & SURETY COMPANY OF AMERICA
Hartford, Connecticut 06156
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALLMEN BY THESE PRESENTS, THAT AETNA CASUALTY & SURETY COMPANY OF AMERICA. a corporation duly organized under the laws of the
State of Connecticut, and having Its principal office In 1he City of Hartford. County of Hartford. State of Connecticut, hath made, constituted and appointed,
and does by these presents make, constitute and appoint Lee Napier, Dan B. Flemming, William L. Hamilton, Jr.,
John W. Murray, James J. Bovenzi or Susan Hicks - -
of Amarillo, Texas , Its true and lawful Attorneys -in -Fact, with full power and authority hereby conferred
to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
, the following instrument(s):
by his sole signature and act, any and all bonds, recognizences, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,
or conditional undertaking, and any and all consents incident thereto not exceeding the stem of FIFTY MILLION
(S50,000,000.00) DOLLARS -
and to bind AETNA CASUALTY & SURETY COMPANY OF AMERICA. thereby as fuilyandto the same extent as If the same were signed bytho dulyauthoAted
officers of AETNA CASUALTY & SURETY COMPANY OF AMERICA, and all the acts of sold Attornsysdn-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect
VOTED: That each of the following officers: President. Any Executive Vice President. Any Senior Vice President, Any Vice President. Any Assistant Vice
President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attomeysdn-Feet,
and Agents to act for and on behalf of the Company and may give any such appointee such authority as his or her certificate of authority may prescribe to
sign with the Company's name and seal with the Company's seal bonds, reeognizenees, contracts of indemnity, and otherwritings obligatory in the nature
of s bond, recognizance, or conditional undertaking, and arty of said officers or the Board of Directors may st any time remo m any such appointee and revoke
the power and authority given him or her.
VOTED. That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall
be valid and binding upon the Company when la) signed bythe President, an Executive Vice President, a Senior Vice President. a Vice President, an Assistant
Vice President orbys ResidentVice President, pursuanttothe power prescribed in the certificate of outhorityof such Resident Vice President, and dulyattested
and sealed with the Company's seat by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the
certificate of authority of such Resident Assistant Secretary; or (b) duly executed }under seal, if required) by one or more Attomeysdn-Fact pursuant to the
power proscribed in his or her certificate or their certificates of authority.
This Power of Attorney and Certificate of Authority Is signed and sealed by facsimile under and by authority of the following Standing Resolution voted
by the Board of Dhwwm of AETNA CASUALTY & SURETY COMPANY OF AMERICA which Resolution Is now In full force apd effect:
VOTED: That the signature of each of the following officers: President. Any Executive Vice President. Any Senior Vice President, Any Vice PresidenL Any
Assistant Vice President. Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -In -Fact for purposes only of oxecuting and
attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or artifiate bearing such facsimile
signature or facsimile seal sham be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it Is attached.
W WITNESS WHEREOF, AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Vice President, and Its
corporate seal to be hereto affixed this 1st day of November , 1g 95
AETNA CASUALTY & SURETY COMPANY OF AMERiCA
I
wrr
M��
By
State of Connecticut
Tarry F. w
koas.
Hartford
I
Vice President
County of Hartford
On this lst day of November ,19 95 , before me personally came TERRY F. LUKOW to me known, who, being by me duly
tiwom,did depose and say-. thathe/sheIsVieePresidentofAETNACASUALTY&SURETYCOMPANYOFAMERICA,thecorporationdescribedInandwhich
exerted the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said Instrument is such corporate seal; and that
It"he executed the said instrument on behalf of the corporation by authority of hialher office under the Standing Resolutions thereof.
sq ••n"n•don ••one A•tlu•t 21. 11" Notwy PuNic
t, �•.`.
Dorothy L. Marti
CERTIFICATE
1,the undersigned. AssistantSecretary of AETNACASUALTY& SURETYCOMPANYOFAMERCIA,a atoekcorporation ofthe Stateof Connectieut, DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remsins In full fora and has not been revoked; and furthermore, that
the Standing Rasolutions-of the Board of Directors, asset forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, In the City of Hartford, State of Connecticut Dated this 2 7TH day of
AUGUST ' 19 96
,,...
4 By g�:=
• d t Rose Gonsoulin
'` ....✓f Assistant Secretary
CS-2422 (7•25)
The undersigned surety company represents that it is duly qualified to do business
in Texas and hereby designates, Howard Cowan, 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.
Aetna Casualty and Surety Company
41,
*By Q�X�.,
Yes J. Bo Attorney -In -Fact
Approved as to Form
City of Lubbock
Y�
,ty 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 a copy of power of attorney for our files.
PERFORMANCE BOND
BOND CHECK
BEST RATING
LICEN ED I IXAS�
0
F
STATUTORY PERFORMANCE Aetna Casualty & Surety Company of America
BOND - TEXAS Hartford Connecticut oetss
KNOW ALL MEN BY THESE PRESENTS, that . PLAINS BUILDERS, INC.
P. O. BOX 7008, AMARILLO, TX 79114
(hereinafter called the Principal(s), as Principal(s) and AETNA CASUALTY & SURETY COMPANY OF
AMERICA (hereinafter called the Surety(ies), as Surety(ies), are held and firmly bound unto
CITY OF LUBBOCK, LUBBOCK COUNTY, LUBBOCK, TX
hereinafter called the Obligee), in the amount of THREE HUNDRED NINE THOUSAND TWO HUNDRED
TWENTY THREE AND N01100-------------------------------- ---------------------
($ 309, 223.00-----------jDollars for the payment where of, 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 contract with the Obligee, dated the 22ND
day of AUGUST
, 19 96 , to
CONCRETE WATER TANK PAINTING - BID 41362.7
` which contract is hereby referred to and made a part hereof and to the same extent if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
w faithfully perform the work in accordance with the plans, specifications and contract documents, then this
obligation shall be void; otherwise tc remain in full force and effect,
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government
Code and all liabilities on this bond shall be determined in accordance with the provisions of said Code 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 AUGUST • 19 96
I
4, S-1 875-A-1 (10-95)
PLAINS BUILDERS,INC.
Principal
BY: llrce �r tr rn
Principal
A ALTY & SU COMPANY OF AMERICA
e
JAMErT.OENZ Att ey-in-Fact
F
STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE
The undersigned surety company represents that it is duly qualified to do business
in Texas and hereby designates, Howard Cowan, 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.
Aetna Casualty and Surety Companv
4 *By h�
lafes I Bo i, Attorney -In -Fact
Approved as to Form
City of Lubbock
Y�
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such obligation. If
signed by an Attorney -In -Fact, we must have a copy of power of attorney for our files.
AETNA CASUALTY ih SURETY COMPANY OF AMERICA
is Hartrord. Connecticut 06156
�+ POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, THAT AETNA CASUALTY Q SURETY COMPANY OF AMERICA. a corporation duly organised under the laws of the
it State of Connecticut, and having its principal office in the City of Hartford. County of Hartford. State of Connecticut hath meads, constituted and appointed,
and does by these presents make, constitute and appoint Lee Napier, Dan B. Flemming, William L.. Hamilton, Jr. ,
John N. Murray, James J. Bovenzi or Susan Hicks - -
of Amarillo, Texas , its true and lawful Attorneys -in -Fact. with full power and authority hereby conferred
to sign, execute and acknowledge, at any place within the United States, or, if the following line be Riled in, within the area there designated
, the following instrument(s):
by his sole signature and act, any and all bonds, recognizances, contracts of Indemnity, and otherwritings obligatory in then nature ofat bond, recognizance,
or conditional undertaking, and arty and all consents incident thereto rift exceeding the Stm1 Of FIFTY MILLION
(S50,000,000.00) DOLLARS —
d.
and to bind AETNA CASUALTY 1k SURETY COMPANY OF AMERICA. thereby &s fully and lathe same extent as If the same wars signed by the duty authorized
offieere of AETNA CASUALTY Q SURETY COMPANY OF AMERICA. and all the sets of sold Attomays-in-Fact pursuant to the authority herein given, we
hereby ratified and confirmed
This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect:
VOTED: That each of the following officers: President Any Executive Vice President, Any Senior Vice ProsidenL, Arty Vice President. Any Assistant Vice
President. Arty Secretary,Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys -In -Fact.
and Agents to act for and on behalf of the Company and may give any such appointee such authority as his or her certificate of authority may proscribe to
sign with the Company's name and anal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of* bond, recognizance, or conditional undertaking, and any of said officers orthe Board of Directors may at any time remove any such appointee and revoke
the power and authority given him or her.
VOTED. That any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a bond, recognizance, or conditional undertaking &hall
be valid and binding upon the Comparrywhen (a) signed by the President, an Executive Vice President, a Senior Vice President. a Vice President, an Assistant
Vice President or by a Rssident Vice President, pursuant lathe power prescribed in the certificate of authority of such Resident Vice Presidentand duly onested
and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the
certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact pursuant to the
power prescribed in his or her certificate or their certificates of authority.
This Power of Attorney and Cortifieato of Authority is signed and cooled by facsimile under and by authority of the following Standing Resolution voted
by the Board of Directors of AETNA CASUALTY S SURETY COMPANY OF AMERICA which Resolution Is now In full force apd offeet
VOTED: That the signature of each of the following officers: President, Any Executive Vice President, Any Senior Vice President, Any Vice President Any
Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-In•Fact for purposes only of executing and
attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile
signature or facsimile seal shall be valid and binding upon the Company and any such power so oxecuted and certified by such facsimile signature and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it Is attached.
IN WITNESS WHEREOF, AETNA CASUALTY Q SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Vim President and Its
corporate seal to be hereto affixed this 13t day of November 1995
AETNA CASUALTY S SURETY COMPANY OF AMERICA
�.... 5i
1 '4 f - ,�-
�
State of Connecticut ti� Terry F. LLkow
r,r. I so. Hartford Vice President
i County of Hartford
' On this 15t day of November 16 95 , before me personally came TERRY F. LUKOW to me known. who, being by me duly
swom,did depose and say. that he/she is Vice President of AETNA CASUALTY& SURETY COMPANY Of AMERICA, the corporation described in and which
PM axsewed the above Instrument: that he/she knows the seal of said corporation; that the seat affixed to the said Instrument is such corporate seal; and that
he/she executed the said Instrument on behalf of the corporation by authority of hiWber office under the Standing Resolutions thereof.
+er,
. « sly eoer,waloe saoew Awvn 31. toss NCO" POW
Dorothy L Marti
CERTIFICATE
I.the undersigned. Assistant Secretary of AETNA CASUALTY S SURETYCOMPANY OFAMERCIA, a stock corporation of the State of Connecticut. DO HEREBY
CERTIFY that the foregoing and attached Power of Anomey and Certificate of Authority remains In full force and has not been revoked; and furthermore, that
the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 2 7TH day of
AUGUST ' 19 96
w
(..�.ly lay
flaw Gonroulln
Assistant Secretary
S-24M 17-951
CERTIFICATE OF INSURANCE
MPJ). INSUR�4►t�10E BIDDER
ISSUE DATE (MWuoorYY)
L08/27/96
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT
TO THE CONDITIONS SHOWN ON THE SECOND PAGE OF
THIS FORM.
PRODUCER
COMPANY I BINDER NO.
HRH of Amarillo
1800 Washington, Suite 400
I United States Fidelity & BINDER212� 37
EFFECTIVE
A ME ; DATE TIME
P 0 BOX 1149
! 08/22/96
12 : 011 X! AM X i12:of /
r--- PM ' 10/22/96 1
Amarillo, TX 79105
Nool
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
COMPANY PER EXPIRING POLICY NO:
CODE SUB -CODE
18-6507
µ,
IZEOS�RJ�'TIO 1FConcretell WaterRlanKdlniLai@ ing -
JJ l d{� ## 13 6 2 7 Y
�`Bid
INSURED
City of Lubbock
c/o Plains Builders, Inc.
i
P. 0. Box 7008
Amarillo, TX 79114
COVERAGES
EIIMITS;,:
TYPE OF INSURANCE COVERAGEIFORMS I AMOUNT DEDUCTIBLE; COINSUR.
PROPERTY CAUSES OF LOSS
I I
BASIC 7-7 �JBROAD�SPEC.iI
I
I
�
! � f
GENERAL UABIUTY i
GENERAL AGGREGATE
! i2 0 0 O 0 0 0
COMMERCIAL GENERAL LIABILITY(
PRODUCTS-COMPIOP AGG.
$0
j CLAIMS MADE I X OCCUR(
PERSONAL & ADV.INJURY
$O
X OWNER'S f&CONTRACTOR'S PROT.'
EACHOCCURRENCE
j $1 000000
FIRE DAMAGE (Anyone fire)
!so
$0
PIETRO DATE FOR CLAIMS MADE:
MED.EIMNSE (My one persori
AUTOMOBILE UABIUTY
':COMBINED SINGLE LIMIT IS
ANY AUTO
BODILY INJURY (Per person) i S
ALL OWNED AUTOS
BODILY INJURY (Per accident) S
SCHEDULEDAUTOS
PROPERTY DAMAGE S
HIRED AUTOS
MEDICAL PAYMENTS S
NON -OWNED AUTOS
PERSONAL INJURY PROT. ! S
! GARAGE LIABILITY
UNINSURED MOTORIST S
i
AUTO PHYSICAL DAMAGEOEDUCTIBLE___� ALL VEHICLES SCHEDULED VEHICLES I (ACTUAL CASH VALUE
J
COLLISION:
STATEDAMOUNT S
OTHER THAN COL.
JOTHER
EXCESSUABIUTY
IEACHOCCURRENCE S
UMBRELLA FORM
AGGREGATE S
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE. ISE.LF-INSURED RETENTION S
} STATUTORY LIMITS
WORKER'S COMPENSATION 1EACHACCIDENT $
AND
f—
EMPLOYER'S LIABILITY .DISEASE -POLICY LIMIT f
D—ISEASE•EACHEMPLOYEE S
SPECIAL CONDITIONSIOTHER COVERAGES
Estimated premium: TBD Policy Period: 8/22/96 - 12/1/96
Binder is subject to actual policy forms, conditions and exclusions.
p
I
C '1-
f
f
f
CONDITIONS
+ This Company binds the kind(s) of Insurance stipulated on the previous page. The Insurance is
subject to the terms, conditions and limitations of the policy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to
the Company stating when cancellation will be effective. This binder may be cancelled by the
Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled
when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled
I to charge a premium for the binder according to the Rules and Rates in use by the Company.
APPLICABLE IN NEVADA
�. Any person who refuses to accept a binder which provides coverage of less than
$1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B)
Is liable to the party presenting the binder as proof of Insurance for actual damages sus-
tained therefrom.
ACORQ 75-S (7190) 2 of 2 #212
AID11R11. CERTIFICATE OF INSU
PRODUCER
HRH Company of Amarillo
P.O. Box 1149
1800 Washington, Suite 400
Amarillo, TX 79105
INSURED
Plains Builders, Inc.
P. O. Box 7008
Amarillo, TX 79114
DATE (MM/ODfYY)
ANCE 07/17/96
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
AUnited States Fidelity & Guaranty Ci
COMPANY
BTexas Workers Compensation Ins. Fun(
COMPANY
C
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION;
DO
TYPE OF INSURANCE POLICYNUMBER I DATE(MM/DD/YY) I DATE(MM/DDIYY) LIMITS
A 'GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITI
~j _ ICLAIMSMADE X OCCUR
OWNER'S i CONTRACTOR'S PRO1
TC14149892900
U l/ U l/ V b! l l/ U l/ V b [PRODUCTS-COMPIOPAG
GENERAL AGGREGATE
[PERSONAL i ADV INJURY
EACH OCCURRENCE $1 , 000. 000
IFIRE DAMAGE (Anvone fkHISSU. UUU
i ME D EXP (Any one person)
1$5 , 0 0 0
A AUTOMOBILE LIABILITY TB13151372300
01/01/96 12/01/96
X ;ANY
I
`COMBINED SINGLE LIMIT ,$1 , 000, 000
AUTO
BODILY
iarson) INJURY
p:
_1 ALL OWNED AUTOS
I
=1 SCHEDULED AUTOS
(P
HIRED AUTOS
BODILY INJURY
NON-OWNEDAUTOS
(Per accident)
�
I
PROPERTY DAMAGE i
GARAGE LIABILITY
AUTOONLY-EAACCIDENT ;$
OTHER THAN AUTO ONLY: i
ANY AUTO i
EACH ACCIDENT :S
j
AGGREGATE �S
I
A . EXCESS LIABILITY ULC1455156890 :!01/01/96 12/01/96 EACH OCCURRENCE Q. 000, 000
X! UMBRELLA FORM i AGGREGATE 42,000,000
r r
OTHER THAN UMBRELLA FORM! S
B WORKERS COMPENSATION AND j TSF0001053095 01/01/96 12/01/96 ! STATUTORY LIMITS E
EMPLOYERS LIABILITY ' EACH ACCIDENT s500,000
THE PROPRIETOR/ j INCL 1 DISEASE -POLICY LIMIT S5 O O, 000
PARTNERS/EXECUTIVE —j
OFFICERS ARE: ! EXCL. I i ' DISEASE -EACH EMPLOYEE :35 0 0 , 0 0 0
OTHER
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECUIL ITEMS
Certificate holder is listed as an additional insured on General Liability
(See Attached Schedule.)
CERTIFICATE MOLDER > : CANCELLATION .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANYWILL ENDEAVOR TO MAIL
P . 0. BOX 2000 .10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Lubbock, TX 79457 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVEk4N ; 5 N Et,vy
ACORD`25-S:(3M3)1 of 2 #M4 0 0 LVG 0 ACORD.CORPORATION<1993
DESCRNRTINS Continued from page 1.)
_ _
and Auto Liability policies. A Waiver of Subrogation in favor of the
Certificate holder is listed on the General Liability, Auto Liability and
Workers Compensation policies.
CISGEM 252 (3/93)2.'. of 2 . " #M4 0 0'"
i
MGM. CERTIMCE OF 14.E
1N E CATE(MMIDO/YY)
07/17/96
Plains Builders, Inc.
P. O. Box 7008
Amarillo, TX 79114
COMPANY
AUnited States Fidelity & Guaranty CI
COMPANY
BTexas Workers Compensation Ins. Funl
COMPANY
C
COMPANY
D
OOVEfiAGES _.
t THIS M TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
O I TYPE OF INSURANCE POLICY NUMBER
LTRi
A 1 GENERAL LIABILITY
MS MADE! XI Of
A CONTRACTOR'S
TC14149892900
eOLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIOD/YY) 1 DATE (MMIDD/YY)
01/01/961112/01/96
LIMITS
iGENERALAGGREGATE
s2,000,000
PRODUCTS-COMPIOPAGG
52
000
000
PERSONAL A ADV INJURY
$1
O O O
0 O 0
EACH OCCURRENCE
$l
0 0 O
0 0 0
FIRE DAMAGE (AM one fire)IS50,
000
MFf)FYPfAnv nnw nwrennl
'tr1 _
nfI IT
A AUTOM0BI
LIE LIABILm TE13151372300 01/01/96 12/01/96
X
i ANYAU70 i
I
COMSINE DSINGLE LIMIT ,$1, 000, 000
r
'BODILY INJURY
(Per person)
ALLOWNEDAUTOS
I I
SCHEDULED AUTOS
i
HIRED AUTOS
BODN
I LY INJURY
(Per alccident) I=
r
ON -OWNED AUTOS
1:
f i
PROPERTY DAMAGE
GARAGE LIABILITY 1
AUTO ONLY -EA ACCIDENT Q
rOTHER THAN AUTO ONLY,
ANYAUTO i
EACH ACCIDENT S
I I I
AGGREGATE $
I I i
hLIABILITY ULC1455156890 ' 01/01/96 112/01/96 EACH OCCURRENCE S2,000,000
UMBRELLA FORM AGGREGATE s2,000,000
I�--I
OTHER THAN UMBRELLA FORM I r !
--
BR WORKERS COMPENSATION AND
TSF0001053095
101101196 12/01/96 ISTATUTORYLIMITS {
EMPLOYERS' LIABILITY
� ACCIDENT 5500, 000
THE PROPRIETOR/ INCL
_EACH
DISEASE -POLICY LIMIT $5 0 0 , 000
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL
I DISEASE -EACH EMPLOYEE: $5 0 0 , 0 0 0
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHIC LESIVECIAL fTEMS
Ea11314DER ... . ` :..... CEUA ON :..... .
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
P . 0. BOX 2000 '40 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Lubbock, TX 79457 SUTFAILURE TO MAIL SUCH NOTICE £HALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND MW THE COMPANY ITS ENTS OR REPRESENTATIVES
AUTHORIZED R NTATIVE
(3/93)'1 of l 4M4 0 0 .. LVG '6 !CORPORATION i 1993
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
I, the undersigned Agent/Broker, certify that the insurance requirements contained in 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 ten (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.
Agent (Signature) Agent (Print)
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Name of Agent/Broker:
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone #: ( )
Date:
CONTRACTOR'S NAME:
(Print or Type )
CONTRACTOR'S ADDRESS:
NOTE TO AGENT/BROKER
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 Citv of Lubbock at (806)767-2165.
BID #13627 - CONCRETE WATER TANK PAINTING
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A CONTRACTOR SHALL: CONTRACTOR CHECKLIST
(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;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(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:
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REQUIRED WORKERS' COMPENSATION COVERAGE
"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 5121440- 3789 to receive information on the legal requirementfor
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;
(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;
(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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FCONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
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THIS AGREEMENT, made and entered into this 22nd day of August, 1996, by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to
do so, hereinafter referred to as. OWNER, and PLAINS BUILDERS. INC. of the City of Amarillo, Countv of Randall,
and the State of Texas. hereinafter termed CONTRACTOR.
r WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID # 13627 - CONCRETE WATER TANK PAINTING - $309,223.00
1"
f 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
rcontract documents as defined in the General Condition of Agreement.
4.
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,
ftf" Texas in the year and day first above written.
r ATTE§T:
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cfe6retary `
aAPPROV D AS TO CONTENT:
Owner's Representative
APOVED AS NO FOAM:
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ATTEST:
Corporate Secretary
CITY OF 4LUBBy:MAY
CONTRACTOR:
(OWNER)
PLAINS BUILDERS, INC.
By: l�
PRINTED NAME:
TITLE:�-
COMPLETE ADDRESS:
Plains Builders, Inc.
P.O. Box 7008
Amarillo, Texas 79114-7008
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the wore! 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.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be
understood to mean the person, persons, co -partnership or corporation, to wit: PLAINS BUILDERS. 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 in this contract, it shall be understood as
referring to, City of Lubbock, under whose supervision these contract documents, including plans and
specifications, were prepared, and MICHAEL MURPHY, CHIEF ENGINEER, 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.
4. CONTRACT DOCUMENTS
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.
1 5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
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
Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to him who gives the notice.
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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
"a 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 fumished 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.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work Included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it Is further agreed that the Owner's Representative shall, in all cases,
determine the amounts and quantities of the several kinds of work which are to be paid for under this contract.
He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases,
decide every question which may arise relative to the execution of this contract on the part of said Contractor.
The Owner's 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
t 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
1 keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
1 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
Csubcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the 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.
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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 errors and regardless of whether Owner's Observer has
previously accepted the work through oversight or otherwise. If any work should be covered without approval or
consent of the Owner, it must, if requested by Owner or Owner's 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.
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be bome 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.
r' 22. DEFECTS AND THEIR REMEDIES
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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 Owners 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
r` 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 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 case 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 Owner 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%) percent.
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,
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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
(15%) 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 —
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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.
i 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 Owners 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 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
r 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
r. the Contractor to the effect that no work on this particular project shall be subcontracted.
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 $500,000 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
Advertising Injury
B. Owners Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
r For bodily injuries, including accidental death and or property damage, $500.000 Combined Single Limit.
This policy shall be submitted prior to contract execution.
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C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $250,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and
Nonowned Vehicles, The City is to be named as an additional insured on this policy for this specific job and
copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance Policy
The Contractor shall obtain a Builder's Risk policy in the amount of 0% 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 $0.00 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 (TWCC-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
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in 0
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.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
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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.
5. The contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
k (a) a certificate of coverage, prior to that person beginning work on the project, so the
govemmental 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.
6 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 coverage.
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 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 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 coverage 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 coverage, 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 coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
J^ one year thereafter;
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(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) - (T), 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 bome 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.
m 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:
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(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;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) 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;
(d) 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;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) 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 5121440-3789 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:
() 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.
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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
E 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 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 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.
t` 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
if
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the
' consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
,.R compensation, the sum of $200.00 (TWO 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.
i 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
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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
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, 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 cant' 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 consider such written request and respond to
Contractor in writing granting or rejecting the request for an extension of time to complete the project.
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.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done
and material to be fumished 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
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40.
41.
42.
43.
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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.
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.
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.
PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of 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 showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the 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.
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 Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to
completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual
delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written
recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage
due Contractor.
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
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work and within said 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 duty of the Owner within thirty-one (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
31st day after the date of certificate of completion, the balance due Contractor under the terms of this
agreement, provided he has fully performed his contractual obligations under the terms of this 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.
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 WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. --
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which
will protect the Owner in the amount withheld, payment shall be made for amounts.withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's
Representative has given any directions, order or instruction to which the Contractor desires to take exception.
The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision
in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand
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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 Work, where credit shall be allowed as provided for under paragraph
24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the
cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for
within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such
labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may
thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such
expense is less than the sum which would have been payable under this contract, if the same had been
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 sealed 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
r remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together
i
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 the terms of this contract, and a reasonable sum to
cover the cost of any provisions made by the Contractor to cant' the whole work to completion, and which cannot
be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other sums that may be retained
by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the
Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by
said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. 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 bome 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 Contractors 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.
7
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CURRENT WAGE DETERMINATIONS
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A t=JV 1U 11V.1 .IV. J1�1
March 14, 1996
Item #19
RESOLUTION
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
i works contracts for the City of Lubbock in accordance with the provisions of Vernon's
!�
Ann.Civ.St., Art. 5159a; and
i' WHEREAS, such wage rates were established by Resolution No. 719 enacted February
1 f 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
i� Resolution No. 2502 enacted January 8, 1987; and
I
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: i
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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
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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
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Exhibit C. Overtime Rate
G
Exhibit D: 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.
P"
Passed by the City Council this 14th
ATTEST:
&e,— I i C-X&
Betty M. Anson, City Secretary
APPROVED AS TO CONTENT:
lw�/ av��
Mary AndrWws, Managing Director of
Human Resources
APPROVED AS TO FORM:
afold Willard; Assistant City Attorney
H W :da/ccdocs/pubworks. res
February 14. 1996
rch
, 1996.
YOR
7
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City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Floor Installer
Glazier
Insulator-PipingB oiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
HourlyRate
10.00
11.00
5.50
8.00
11.00
11.00
6.00
11.00
6.00
7.50
10.00
13.00
6.00
8.50
7.50
8.50
8.00
9.00
5.50
8.00
5.50
5.50
9.50
10.50
6.00
8.00
5.50
8.75
5.50
10.00
Is
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
6.00
Asphalt Shoveler
5.50
Concrete Finisher
7.35
Concrete Finisher -Helper
5.75
Electrician
10.50
Flagger
5.50
Form Setter
6.50
Form Setter -Helper
5.50
Laborer -General
5.50
Laborer -Utility
6.25
Mechanic
7.25
Mechanic -Helper
5.50
Power Equipment Operators
Asphalt Paving Machine
7.00
Bulldozer
7.00
Concrete Paving Machine
7.00
Front End Loader
6.50
Heavy Equipment Operator
7.00
Light Equipment Operator
6.50
Motor Grader Operator
8.50
Roller
6.00
Scraper
6.50
Tractor
6.50
Truck Driver -Light
6.00
Truck Driver -Heavy
6.50
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EXAiBIT C
Prevailing Wage Rates
Overtime Rate
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The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXHIBIT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
b.
SPECIFICATIONS
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City of Lubbock
Water Utilities Engineering
Technical Specifications
For
Painting Concrete Tanks
Prepared by
Lubbock Water Utility Engineering
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CITY OF LUBBOCK
PAINTING CONCRETE 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
09906 Painting Concrete Tanks
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01010 - 1
SECTION 01010
SUMMARY OF WORK
PART 1 GENERAL
1.1
SECTION INCLUDES
A.
Contract Description.
B.
Work by Owner.
C.
Owner and Contractor Responsibilities.
D.
Contractor use of site.
E.
Work Sequence.
F.
Owner occupancy.
G.
Warranty
H.
Property Protection
1.2 CONTRACT DESCRIPTION
A. All paint removal operation must comply with 30 TAC Section 111.137 Control
Requirements For Surfaces With Coatings Containing Less Than One Percent
Lead.
B. This project involves the repainting four concrete ground storage water containing tanks
at the following location:
1. Low Head B - 5 million gallon ground storage tank located al. 3000 North Quaker
Ave. (U.S. 84 and Quaker Ave). Removal and disposal of loose paint or coating
from the wall and dome roof. Areas to be coated include the outside wall and
dome roof. The dimension of the tank is
159 ft in diameter, wall height - 25 ft from the ground and
dome roof height is 43 ft from the ground
(Refer to Appendix A for detail dimensions).
2. Pump Station No. 4 - 5 million gallon ground storage tank located at 202 North I-
27 (Municipal Drive and I-27). Removal and disposal of loose paint or coating
from the wall and dome roof of the tank. Areas to be painted include the outside
wall and the dome roof. The dimension of the tank is
207 ft in diameter, wall height is 5 ft from the ground and
dome roof height is 31 R from the ground
(Refer to Appendix A for detail dimensions).
3. Pump Station No. 6 - 2 million gallon ground storage tank located at 402, 66th St.
(East 66th and Loop 289). Complete removal and disposal of the existing coating
on the outside wall and the edge of the roof of the tank. The outside wall will only
be the area to be sealed. The dimension of the tank is
1;
7 City of Lubbock, Painting Concrete Tanks
01010 - 2
140 ft in diameter, and wall height is 10 ft
(Refer to Appendix A for detail dimensions).
4. Sandhills Storage Reservoir - 5 million gallon ground storage tank located at
approximately 8 miles northwest of Sudan. This tank will involve concrete
rehabilitation on the lid or roof of the tank, refer to Section 09906, Part 4 -
Concrete Repair. Complete removal and disposal of the existing coating on the
outside wall and the edge of the roof the tank. The outside wall will only be the
area to be sealed. The dimension of the tank is
219 ft in diameter and wall height is 7 ft
(Refer to Appendix A for detail dimensions).
C. Contract Type:
Each ground storage tank: Lump Sum for each of the following:
a. tanks to include furnishing of all labor, materials, tools, and equipment
required for painting structures.
b. concrete rehabilitation work, labor and equipment as required in these
specifications. C. Areas of the tank to be painted or sealed shall be according to Section 09906
- Painting Concrete Tanks.
d. All the water used to clean the tank must be contained and tested for
the basic 8 heavy metals according to 40 CFR 261 to establish that
waste water does not contain hazardous waste. The ground
containment shall be waterproof to protect contamination to the
ground. The tank shall be partially contained in the direction of the -'
wash to minimize the nuisance caused to the surrounding neighbors.
e. Removal and disposal of paint containing lead.
f. Containment system as required by 30 TAC 111.137. -..
g. Establish the level of lead, cadmium and chromium on the ground for
pre and post deleading operations.
D. 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
associated cost with accessibility and storage shall be included in this contract.
E. Contract Time for the entire project will be 90 calendar days from the date of Notice to
Proceed and the liquidated damages will be $200.00 per dam.
1.3 ANALYTICAL RESULTS
A. Analytical Results of composite samples of paint chips are as follows and for more detail
information see Analytical Results For Paint Samples Section.
Total Lead Content
Tank Description (PM
Low Head B - 5 million gallon ground storage tank
located at 3000 North Quaker Ave. 8.2
Pump Station No. 4
located at 202 North 127 50.3
City of Lubbock, Painting Concrete Tanks
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01010 - 3
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Pump Station No. 6
located at 402 66th St. 23.7
Sandhills ground storage tank
located at 8 miles northwest of Sudan 42.5
1.4 WORK BY CONTRACTOR
A. The Contractor shall perform all the work specified in the individual sections and shall
include the following:
1. Provide labor, equipment, and materials to remove and dispose lead paint
according to Section 09900.
2. Provide labor, equipment, and materials to repaint steel tanks as specified in
Section 09905.
3. Retain an independent Certified Industrial Hygienist to be onsite when performing
lead abatement work for the project, according to Section 09900.
4. Retain an independent laboratory to conduct the test required in Section 09900.
5. Design and construct a full containment (shroud and support) system with negative
air ventilation when necessary to meet Environmental protection Agency - EPA,
Occupational Safety and Health Administration - OSHA and Texas Natural
Resource Conservation Commission - TNRCC rules and regulations.
6. Design and construct a ground (tarp) protection system to prevent any
contamination to the soil from this project.
7. Design and construct a containment system for rainwater runoff and run-on.
8. Contractor shall be responsible for profiling the any 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.
9. Contractor shall be responsible for all cost associated with sampling and analysis to
determine if the waste is hazardous.
10. 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.
11. Contractor shall be responsible for all the cost of the proper disposal of all waste
including hazardous waste generated from this job.
12. Contractor shall be responsible for providing their own locks and keys.
13. 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.
14. Contractor shall retain a Professional Engineer in the State of Texas to design the
structural work of a flush -type cleanout manway and crowsnest platform according
to Section 05500.
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. On delivery, inspect Products jointly with Contractor.
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City of Lubbock, Painting Concrete Tanks
01010 - 4
B. Contractor's Responsibilities:
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.
4. Repair or replace items damaged after receipt.
5. Arrange and pay for Product delivery to site.
6. Submit claims for transportation damage and replace damaged, defective, or
deficient items.
7. Arrange for manufacturers' warranties, inspections, and service.
1.6 CONTRACTOR USE OF SITE
A. Access to Site: Limited to Owner and Contractor only.
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
A. Proceed to work in the following sequence to accommodate Owner's occupancy
requirements for the entire period,
1. Tank 1:
Sandhills ground storage tank.
2. Tank 2:
Low Head B.
3. Tank 3:
Pump Station No. 4.
4. Tank 4:
Pump Station No. 6
B. Final inspection of each tank shall be accepted by the Owner's Representative before the
commencement of any work on the next tank.
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.
1.9 WARRANTY
A. Contractor shall warrant for two(2) years after the date of final acceptance of the work.
B. On the eleventh 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).
City of Lubbock, Painting Concrete Tanks
01010 - 5
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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 Concrete Tanks
7 01019 - 1
7
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.
1.2 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 line item, a direct proportional amount of Contractor's overhead and
profit.
E. Revise schedule to list approved Change Orders, with each Application For Payment.
1.3
APPLICATIONS FOR PAYMENT
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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.
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B.
Content and Format: Utilize Schedule of Values for listing items in Application for
Payment.
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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
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waste.
2. Signed affidavit from the Notary Public that all claims on thisjob has been settled.
�►
3. Contractor warranties for this job shall be signed and sealed by a Notary Public.
City of Lubbock, Painting Concrete Tanks
01019 - 2
1.4 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, EJCDC, 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.
1.5 DEFECT ASSESSMENT
A. Repaint any work that is considered defective by the Owner's Representative and to his
satisfaction.
1.6 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 include the following:
1. Provide labor, equipment, and materials to remove and dispose paint containing
paint as specified in Section 09900.
2. Provide labor, equipment, and materials to repaint concrete tanks as specified in
Section 09906.
City of Lubbock, Painting Concrete Tanks
01019 - 3
3. Provide labor, equipment, and materials to repair concrete tanks as specified in
Section 09906.
4. Cost to retain an independent Certified Industrial Hygienist according to
Section 09900.
5. Cost to retain an independent laboratory to conduct the test required in
Section 09900.
6. Independent company to remove, transport, and dispose the hazardous waste to
the nearest landfill certified to accept hazardous waste.
7. Independent company to remove, transport, and dispose the all non hazardous
waste to the nearest landfill.
r PART 2 PRODUCTS
ti Not Used.
PART 3 EXECUTION
E:
Not Used.
END OF SECTION
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City of Lubbock, Painting Concrete Tanks
i.
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.
City of Lubbock, Painting Concrete 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.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
City of Lubbock, Painting Concrete Tanks
01300 - 1
SE
CTION 01300
r SUBMITTALS
PART 1 GENERAL
1.1
SECTION INCLUDES
A.
Submittal procedures.
B.
Construction progress schedules.
C.
Proposed Products list.
D.
Product Data.
E.
Samples.
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F.
Test reports.
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G.
Certificates.
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H.
Contractor's field reports.
I.
Erection drawings.
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.
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1.3
SUBMITTAL PROCEDURES
A
Transmit each submittal to Owner's Representative:
Michael E. Murphy, P.E.
.
Chief Engineer
Water Utilities Engineering
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Tx 79457
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B.
Transmit two copies of each submittal unless otherwise specified in the individual
sections.
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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 Concrete Tanks
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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 Concrete Tanks
7 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 (CIH).
1.10 CONTRACTOR'S FIELD REPORTS
A.
Maintain and submit daily logs for this project during the application of payment and
c
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 for review and approval.
1.12
WORK PROGRESS PHOTOGRAPHS
A.
Each month submit photographs with Application for Payment.
B.
Photographs: Two prints; color, matte, and 8 x 10 inch size.
r
r
1
City of Lubbock, Painting Concrete Tanks
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 Concrete Tanks
7 01500 - 1
r-
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
temporary buildings.
1.2 TEMPORARY ELECTRICITY
A. Owner will pay cost of energy used. Contractor will provide all the necessary
connections and feeders, and connect to the Owner's existing power service. Do not
disrupt Owner's use of service. Exercise measures to conserve energy.
B. Provide temporary electric feeder from existing electrical service at the site. Do not
disrupt Owner's use of service.
C. Complement existing power service capacity and characteristics as required.
D. Provide power outlets for construction operations, with branch wiring and distribution
boxes located as required. Provide flexible power cords as required.
E. Provide main service disconnect and over -current protection at convenient location.
F. Permanent convenience receptacles may not be utilized during 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.
l:
City of Lubbock, Painting Concrete 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 wom
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 vacuumed 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.
B. Provide washing facilities in accordance with 29CFR 1926.51.
City of Lubbock, Painting Concrete Tanks
I
01500 - 3
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
A. Construction: Contractor's option on the type of fence to be used. Security is the full
responsibility of the Contractor.
B. If adequate fencing does not exist the Contractor shall 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.
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.
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.
7
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City of Lubbock, Painting Concrete Tanks
r,
01500 - 4
B. Broom and vacuum clean interior areas prior to start of surface finishing, and continue
clearing to eliminate dust.
C. All the collected waste materials, debris, and rubbish shall be collected in designated
containers for hazardous waste.
1.17 PROTECT 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 Concrete 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 Concrete Tanks
01500 - 5
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
City of Lubbock, Painting Concrete Tanks
T`
,�A0I�IN
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Closeout procedures.
B. Final cleaning.
C. Project record documents.
D. Warranties and bonds.
SECTION 01700
CONTRACT CLOSEOUT
1.2
RELATED SECTIONS
A.
Section 09900 - Removal and disposal of paint containing lead.
AN
1.3
CLOSEOUT PROCEDURES
A.
Submit written certification that Contract Documents have been reviewed, Work has
l"
been inspected, and that Work is complete in accordance with Contract Documents and
ready for Owner's Representative review.
r
B.
Provide submittals to Owner's Representative that are required by governing or other
E
authorities.
C.
Submit final Application for Payment identifying total adjusted Contract Sum, previous
payments, and sum remaining due.
b.
D.
Submit Contractor's Affidavit that all subcontractors and suppliers has been paid in full
r
before submitting application for final payment.
1.4
FINAL CLEANING
A.
Execute final cleaning prior to final project inspection.
k
B.
Test the waste, abrasive blast medium, paint debris, surplus materials, rubbish, and
f
remove and disposal them according to TNRCC and EPA rules and regulations.
1.5
PROJECT RECORD DOCUMENTS
A.
Maintain on site one set of the following record documents; record actual revisions to
the Work:
1. Specifications.
a
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.
City of Lubbock, Painting Concrete Tanks
i,
01700 - 2
D. Record information concurrent with construction progress.
1.6
A.
IE
HAZARDOUS WASTE RECORD KEEPING
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.
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 T'NRCC Reaion 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 start of warranty
period.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
City of Lubbock, Painting Concrete Tanks
l
09900 - 1
I
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SECTION 09900
REMOVAL AND DISPOSAL OF PAINT CONTAINING LEAD
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.
29 CFR 1926.33
Acess to Employee Exposure and Medical Records
8.
29 CFR 1926.51
Sanitation
9.
29 CFR 1926.59
Hazard Communication
10.
29 CFR 1926.62
Lead
11.
29 CFR 1926.103
Respiratory Protection
12.
29 CFR 1926.451
Scaffolding
13.
29 CFR 1926.501-503
Fall Protection
14.
40 CFR, Part 50
National Ambient Air Quality
15.
40 CFR 261
Identification and Listing of Hazardous Waste
City of Lubbock, Painting Concrete Tanks
L91
F
16.
40 CFR 262
17.
40 CFR 263
18.
40 CFR 265
19.
40 CFR 262.12
20.
40 CFR 268.7 &
40 CFR 268.9
21.
40 CFR 262.20-23
22.
40 CFR 262.30-33
23.
40 CFR 265,
Subparts I and J
24.
40 CFR 265.16 &
40 CFR 262.34
25.
40 CFR 262.40-44
09900 - 2
Standards Applicable to Generators of Hazardous Waste
Standards Applicable to Transporters of Hazardous Waste
Interim Status Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and Disposal
Facilities
EPA Identification Number
Notification and Certification
Manifesting the Waste
Packaging and Labeling Requirements
Container and Closure Requirements
Contingency Plan and Training
Recordkeeping and Reporting
American National Standards Institute (ANSI) Publications:
Z88.2.80 Practice for Respiratory Protection
Department of Transportation (DOT):
49 CFR 178.115-118 55 Gallon Open Head Steel Drum (Cover #17C)
U.S. Department of Labor, Occupational, Safety and Health Administration (OSHA):
Publication 3126 Working With Lead in Construction Industry
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 I I I 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 I I I - Regulation 1 Section
135, Control Requirements for Surfaces with Coatings Containing Lead to:
Texas Natural Resource 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.
City of Lubbock, Painting Concrete Tanks
T
09900 - 3
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.
k 5.
A detail -specific plan from the Certified Industrial Hygienist for the monitoring the
lead level.
r 6.
1
The containment systems (shroud and support system), and the negative air
ventilation where applicable.
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
POW
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.
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:
J 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.
R City of Lubbock, Painting Concrete Tanks
J,,t
09900 - 4
2. Lead: "Lead" means the metallic lead, inorganic lead compounds, and organic lead
soaps.
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.
City of Lubbock, Painting Concrete Tanks
1••11
No waste stabilization will be allowed to be performed on project site. Waste
stabilization shall be performed by and at the permanent Storage, Treatment and
Disposal (STD) facility.
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.
E. Medical Examinations:
Before exposure to lead containing dust, the Contractor shall provide workers with a
comprehensive medical examination as required by 29 CFR 1910.1025. The contractor
shall establish the lead level in the blood for all employees involed with this project.
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
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:
r* The Contractor shall establish and implement a respiratory protection program as
P required by ANSI Z88.2, 29 CFR 1910.134, 29 CFR 1910.1025 and 29 CFR 1926.103.
t )
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
rl
City of Lubbock, Painting Concrete Tanks
1••11 .,
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
Contractor shall comply with the applicable requirements of the current issues of 29 CFR
1910.1025.
J. Signs:
The Contractor shall post the following warring 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 WORKER PROTECTION
OSHA requirements for protection of workers shall be in accordance with 29 CFR
1926.62.
A. A written program addressing compliance with each of the items below shall be
provided. Analysis of air monitoring filters shall be performed by an AIHA accredited
laboratory for metal analysis. Blood lead testing shall be conducted by an OSHA
approved laboratory.
B. Protective work clothing and equipment must be provided by Contractor. No street
clothing will be allowed in regulated areas.
C. Hygiene facilities and practices will include daily showering when leaving the regulated
area.
D. Employee information and training will note the content of Chromium in the paint to be
removed.
1.8 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.
City of Lubbock, Painting Concrete Tanks
09900 - 7
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
r-' property to the satisfaction of property owner. Payment shall be witheld in the amount
of any claims untill such time the claim are satisfied.
Pak
k C. Visible Emission: No emission will be allowed on the project. Project shall shut down
immediately until corrections to the containment are made. Visible emisions shall be
determined in accordance with SSPC Guide 6 (CON), Method A, General Surveillance
4 and shall not exceed Level 0 Emissions.
D. When visible emissions are noted they will be photograph by a camera able to record
date and time.
E. If visual emissions occur that are too brief to photographed, time and date of visual
emissions will be recordrd and project shut down.
C+ F. Project will shut down until reason for visible emission is determined and corrective
actions are taken.
G. Contractor will not receive additional contract time or compensation if shut down is due
to visible emissions.
H. No increase in total lead content on the ground (soil) within the jobsite and the
monitored area will be allowed between pre -project concentration and post project
concentration.
1.9 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,
j removal and abatement industry. A detailed listing of previously completed projects may
be accepted in Iieu 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 line of
work.
B. Manufacturer's Certificates of Compliance:
1. Vacuum Filters
2. Respirators
7!
City of Lubbock, Painting Concrete Tanks
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09900 - 8
C. Manufacturer's Catalog Data:
1. Vacuum Equipment
2. Respirators
3. Power Tool Cleaning Equipment
D. Lead Containing Paint Removal Plan:
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 (CIH):
Retain an independent CIH technician under the supervision of the CIH to be onsite for
the duration of the entire project. The C1H 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. CIH must be
onsite during; the initial setup of the monitoring process of the lead abatement process.
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).
City of Lubbock, Painting Concrete Tanks
1••11 •
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8
t Submit the name, address and telephone number of the testing laboratory selected (if
different) to perform all hazardous waste testing on the paint residue and chips, and the
soil as required.
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:
Comply with 30 TAC Chapter 111- Regulation 1 Section 135, Control
Requirements for Surfaces with Coatings Containing Lead. 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.
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 within 3 working days, signed by the
I testing laboratory employee performing the analysis.
City of Lubbock, Painting Concrete Tanks
09900 - 10
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. r
1. Respiratory Protection Program:
ANSI Z88.2, 29 CFR 1910.134, 29 CFR 1910.1025, 29 CFR 1910.146 and
29 CFR 1926.103.
2.0 EXECUTION
2.1 EQUIPMENT
A. Respirators:
The Contractor shall select respirators approved by the National Institute for
Occupational Safety and Health (NIOSH), 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 or rubber gloves 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.
D. Tools:
Filters on vacuums shall be absolute HEPA filters and UL 586 labeled.
E. Equipment:
City of Lubbock, Painting Concrete Tanks
09900 - 11
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 crem, 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. One Total Suspended Particulate (TSP) Monitor
,� shall be located near the mobile home park for the ground storage tank at Low
rill Head B Pump Station in addition to the personal monitoring filter cassettes and
' pump. The safety and security of the TSP monitor will be the responsibility of the
Contractor. 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.
Monitoring During Paint Removal Work:
The CEWContractor 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
CUPContractor shall certify that the area has been cleaned of lead contamination
prior to release of this requirement.
City of Lubbock, Painting Concrete Tanks
09900 - 12
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
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.
1. 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
lead paint from the exterior surfaces of the tank. No sand shall be used for sand
blasting.
City of Lubbock, Painting Concrete Tanks
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09900 - 13
A
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. No sand
shall be used for sand blasting.
These methods of removal shall be accomplished in accordance with all sections of
this specification.
2. Chemical Stripping Removal System:
The Peel-Awgy 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
coating on the tank surfaces including all residue prior to the clean-up
7 City of Lubbock, Painting Concrete Tanks
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09900 - 14
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
in detail the method of composite sampling in their submittals for approval.
City of Lubbock, Painting Concrete Tanks
' 09900 - 15
G. 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 30TAC 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 30 TAC 335.160 shall be used to determine the maximum
concentration of contaminants for toxicity characteristic.
Contaminant Regulatory Level
(mg/1)
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:
I. 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)
r" Contaminated paint, residue, chips and spent abrasives determined to be hazardous
a 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.
x
City of Lubbock, Painting Concrete Tanks
1:
09900 - 16
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. No increase in
total lead content will be allowed between pre -project concentration and post
project concentration. 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, lack of
containment techniques and practices, or accidental release.
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
City of Lubbock, Painting Concrete Tanks
09900 - 17
r,.
i 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
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 262.20 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:
n
City of Lubbock, Painting Concrete Tanks
09900 - 18
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
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.
3.0 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 Concrete Tanks y-
09906 - 1
SECTION 09906
PAINTING CONCRETE TANKS
PART 1 - GENERAL
1.1 SCOPE
A. The work of this section includes the coating of exterior surfaces of the tank.
1.2 RELATED SECTIONS
A. Section 01010 - Summary of Work.
B. Section 01300 - Submittals.
C. Section 09900 - Removal and disposal of lead paint.
1.4 SUBMITTALS
A Submit according to Section 01300 - Submittals: Procedures for Submittals.
B. Submit the following to the Owner's Representative within 14 days of the signed contract date.
1. Manufacturer's color charts. Submittals must be approved 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, generic type, descriptive information, solids by volume,
recommended dry film thickness and 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 years practical experience and successful history in the
application of specified product to surfaces of concrete water tanks. Upon request, he shall
substantiate this requirement by furnishing a list of references and job completion.
1.6 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.
City of Lubbock, Painting Concrete Tanks
09906 - 2
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. 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 50F 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 day's coating or painting shall be completed in time to
permit the film sufficient drying time prior to damage by atmospheric conditions.
C. 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 of 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 vicinity 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 rules 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.
City of Lubbock, Painting Concrete Tanks
09906 - 3
i
L
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 to facilitate inspection and be moved by the
Contractor to locations requested by the Owner's Representative.
PART 2 - WORKMANSHIP
2.1 Workers applying the paint shall be experienced and skilled in the type of application
involved and the individual in responsible charge shall be familiar with the materials and
systems being used.
2.2 The contractor shall particularly require that paint suppliers and subcontractors become
familiar with the entire project to assure that all surfaces which require painting receive
a properly coordinated system in accordance with the plans and specifications.
2.3 The contractor shall also be responsible for preventing the application of unsuitable
materials to surfaces.
2.4 Exterior surfaces preparation. All surfaces to be painted must be clean and free of all
loose scale, dirt, grease, calcimine, laitance, eifloresence, oil, form release agents,
curing compounds/membranes, sealers, hardeners and other contaminants. Do not
apply paint over dusting or chalking surfaces. Cleaning of surfaces shall be done by
scraping, wire brushing or sand blasting. Paint shall be applied only when temperature
is within the Manufacturer's recommended temperature range.
2.5 The contractor is cautioned to use extreme care when applying exterior paint to
prevent fall -out into adjoining property or adjacent parked cars. Any claims for
damage must be settled before final payment.
2.6 Cracks - Fill hairline cracks less than 1/64 inch wide by brushing Series 156 into them
prior to applying Series 156 or 157 over the entire area to be coated. Most business
cards are about 1/64 inch thick. For cracks wider than 1/64 inch and/or moving cracks,
gaps and expansion joints use Series 152 Tneme-Tape. Refer to Series 152 product
data sheet for details. Note: use Series 156 to embed Tneme-Tape prior to topcoating
with either 156 or 157.
2.7 All Surfaces - Allow new concrete, plaster, stucco and masonry to cure 14 days. Level
protrusions and mortar spatter. Bare cementitious surfaces cementitious can be slightly
dampened with clean water if product is drying too rapidly during application.
j� 2.8 Allow new concrete to cure for 28 days. Brush-off blast. Holes, pits, voids and cracks
F1 should be filled with 63-1500 Filler and Surfacer (ANSLNSF Std. 61 certified).
�l
City of Lubbock, Painting Concrete Tanks
09906 - 4
PART 3 - MATERIALS
r
3.1 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 and 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.
3.2 Any material savings shall be passed to the owner in the form of a contract dollar reduction.
3.3 General contractor and painting contractor shall coordinate work so as to allow sufficient time
for paint to be delivered to the job site.
3.4 All materials shall be brought to jobsite in original sealed containers. They shall not be
used until the Owner's Representative has inspected contents and obtained data from
information on containers or label. Materials exceeding storage life recommended by
the manufacturer shall be rejected.
3.5 All materials shall be delivered to the job in their original containers with labels intact
and seals unbroken, and they shall be observed thus by the owner's project
representative before opening. Mixing, thinning and application of the coating
materials shall be in exact accordance with the manufacturer's recommendations.
3.6 The contractor shall submit, in writing, to the owner's project representative, the name
of the manufacturer of the paint proposed to used, the manufacturer's recommendation
for use of his paint under the specified conditions and color cards of the proposed paint
for color selection by the owner. This information shall be submitted prior to ordering
the paint and in ample time so as not to delay the work.
3.7 All coatings and paints shall be stored in enclosed structures to protect them from
weather and excessive heat or cold. Flammable coatings or paint 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.
The exterior tank coating systems are as follows:
System 1
5 million gallon ground storage tank at Pump Station No. 4
System 2
5 million gallon ground storage tank at Sandhills
2 million gallon ground storage tank at Pump Station No. 6
City of Lubbock, Painting Concrete Tanks
09906 - 5
System 3
5 million gallon ground storage tank at Low Head B
System 1 :
Surface Preparation: Water blast the entire surface of the tank to be coated to remove
all loosely bonded coatings and other visible contaminants that could cause loss of
adhesion at 3000 psi pressure at head. Rinse with clean water and allow to dry
thoroughly before recoating. Allow the surface to dry before applying the coating.
Patch or fill all "bug holes" or voids with Tnemec Series 130-6603 Envirofill PC
as manufactured by TENEMEC Company, Inc.
Prime Coat: Tnemec Series 151 - Elasto-grip @ 1-2.5 dry mils over all existing
exterior coatings or about 449 mil sq. ft./gal.
Finish Coat: Tnemec Series 157 - Enviro-Crete @ 6 - 9.0 dry mils over all existing
exterior coatings or about 890 mil sq. ft./gal.
System 2 :
Surface Preparation: Water blast the entire surface of the tank to be coated to remove
all coatings and other visible contaminants that could cause loss of adhesion at 3000 psi
pressure at head. Rinse with clean water and allow to dry thoroughly before recoating.
Allow the surface to dry before applying the sealer.
Patch or fill all "bug holes" or voids with Sika Series 110 - Armatec as bonding
agent and Series 122 Plus - Top as a filler.
1 st Coat: Sika Series 70 - Sikagard @ 200 sq. ft./gal
System 3 :
Surface Preparation: Water blast the entire surface of the tank to be coated to remove
all loosely bonded coatings and other visible contaminants that could cause loss of
adhesion at 3000 psi pressure at head. Water blast all chalky mineral or cementatious
surfaces.. Rinse with clean water and allow to dry thoroughly before recoating. Allow
the surface to dry before applying the coating. Prime the entire surface of the existing
coating and new Thoroseal coating with with one coat of Thoro Primer 1000
Patch or fill all "bug holes" or voids with Thorite 400 - Architectural as
manufactured by Harris Specialty Chemicals, Inc.
1
City of Lubbock, Painting Concrete Tanks
�i
Apply the Thoroseal on the areas where the old coating has been removed and
cleaned. Apply the Thorocoat over the entire wall and dome roof of the tank.
Prime Coat: Thoroseal @ 2 lbs per sq. yd or 225 sq. ft per 50 lb bag for the
walls and dome roof. Apply subsequent coating untill it is uniform
with the existing coating. Allow 5 to 7 days to cure before priming
with Thoro Primer 1000.
2 Coats Thorocoat @ 50 sq. ft. per gal. over the walls and dome roof at 15 dry
mils total.
PART 4 -EXECUTION
4.1 GENERAL
A. All surface preparation, coating and painting shall conform to 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 painting 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 shall instruct
suppliers to provide the prime coat compatible with the finish coat specified. Any,- a' -site
work which does not conform to this specification that is damaged during transpof ltion,
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 adjacent primer. The specified repair method and
equipment may include wire brushing, hand 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 air pressure, smaller nozzle and abrasive particle sizes, or shorter blast nozzle
distance from surface shielding and masking. If damage is too extensive or
City of Lubbock, Painting Concrete Tanks
l
09906 - 7
r"
i uneconomical to touch-up, then the item shall be re -cleaned and coated as directed
by the Owner's Representative.
F. The Contractor's coating and painting equipment shall be designed for application of
materials specified and shall 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.
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.
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.
I. The number of coats called for in this schedule shall be considered minimum. If more
coats are required for complete coverage and uniform appearance, they shall be
applied.
4.2 SURFACE PREPARATION
A. All surface preparation, coating and painting shall conform to the manufacturer's printed
instructions.
B. Abrasive used in blast cleaning operations shall be new, washed, graded and free of
contaminants that would interfere with adhesion of coating or paint and shall not be
reused unless specifically approved by the Owner's Representative.
C. During blast cleaning operations, caution shall be exercised to insure that existing
coatings or paint are not exposed to abrasion from blast cleaning.
D. 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.
E. 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.
4.3 APPLICATION - GENERAL
City of Lubbock, Painting Concrete Tanks
09906 - 8
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
Owner's Representative.
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. Coatings and paints shall be sharply cut to lines. Finished surfaces
shall be free defects or blemishes.
D. Protective coverings or drop cloths shall be used to protect floors, fixtures, and
equipment. Care shall be exercised to prevent coatings or paints from being spattered
onto surfaces which are not to be coated or painted. Report surfaces from which
materials cannot be satisfactorily removed to the Owner's Representative.
4.4 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 surfaces 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.
4.5 CONCRETE REPAIRS FOR SPALLED AREAS
A. Remove all loose, deteriorated concrete, dirt, oil, grease and all bonding inhibiting
materials from surface. Be sure that repair is not less than 1/8 inch in depth.
B. Preparation work should be done by scrabble or other appropriate mechanical means to
obtain an aggregate -fracture surface with a minimum surface profile of+/- 1/16 inch.
C. Saturate surface with clean water. Substrate should be saturated surface dry (SSD)
with no standing water during application.
D. Mortar must be scrubbed into the substrate, filling all pores and voids.
E. Force material against edge of repair, working towards center.
F. After filling repair, consolidate, then screed.
City of Lubbock, Painting Concrete Tanks
r
G. Apply in multiply lift, with thickness of less than 1 inch lift. Score top surface of each
lift to produce a roughed surface for the next lift.
4.6 CONCRETE REPAIRS FOR AREAS WHERE MORE THAN HALF THE
THICKNESS HAS BEEN SPALLED OR DETERIORATED
A. Areas where more than 1/2 the thickness of the concrete lid has deteriorated, the
Contractor must use the following steps:
1. Construct wood and metal forms to match, tight fitting, stiffened to support
weight of concrete without deflection detrimental to tolerances and appearance
of finish surfaces.
2. Erect formwork, shoring and bracing to achieve design requirements, in
accordance with requirements of ACI 301.
3. Provide bracing to ensure stability of formwork. Shore or strengthen formwork
subject to overstressing by construction loads.
4. Arrange and assemble formwork to permit dismantling and stripping. Do not
damage concrete during stripping. Permit removal of remaining principal shores.
5. Apply form release agent on formwork in accordance with manufacturer's
recommendations.
END OF SECTION
City of Lubbock, Painting Concrete Tanks
No Text
1 i
LARIAT
--------------
--"------------ - ----
----- ----------------
---�•�.
17
1 2 9
PROGRESS
'
�
1
"
MULESHOE
"
269 i 290
BAILEY
@6
San3hilla
ORAGE RESERvt
i
!
3
5)
!
!
17 .1 � 2 4 7
1
' SUDAN
I
2419
---
NEED- IRCLE
MORE BACK
4
r
i
STEGALL
BAIL MORO
I
s
!
i
AMHERST
3 �7
3
L ------- J- xi
ITTLEFIELD
326 � --
Site Plan
Page 2
Wall and edge:�of'the lid to be sealed
SAND HILLS
FLAT ROOF
z Ft.
STORAGE
7 Ft.
RESERVO I RI
Located approximately 8 miles from northwest of Sudan
Page 3
Dome roof to be painted 1 8. 08Ft.
25. 08Ft.
Wall to be painted
�- 1 59. 8 Ft. -�
SOW HEAD B
Located at 3000 North Quaker Ave.
Page 4
Typical Wall Section of Lowhead B
Page 5
26.
5 � Dome roof to be painted 1 4.4
Wall to be painted
207. 35 Ft. -)
PUMP STATION �4
Located at 202 North Interstate 27
Page 6
I
10.6Ft.
FLAT ROOF
Wall and edge of the lid to be sealed
14 0 Ft.
PUMP STATION
Located at 402 66th Street
Page 7
9. 6 Ft.
Analytical Results for
Paint Samples
Exhibit A L 4387 - 1 Composite samples of paint chips for outer wall of Pump
Station No. 4 - 5 million gallon tank ground storage tank.
L4387 - 2 Composite samples of paint chips on the outside wall of Low
Head B - 5 million gallon ground storage tank.
Exhibit B L4755 - 1 Composite samples of paint chips on the outside wall of Pump
Station No. b ground storage tank.
L4755 - 2 Composite samples of paint chips on the outside wall of Bailey
County or Sandhills - 5 million gallon ground storage tank.
7
LUBBOCK CHRISTIAN UNIVERSITY
INSTITUTE OF WATER RESEARCH
5601 19th Street • Lubbock, TX 79407 • P.O. Drawer 16051 • Lubbock, TX 79490-6051
(806) 796-8900 • 1-800-678-8901 • Fax (806) 796-8902
Receiving Date: 12/01/95
Reporting Date: 12/07/95
Project Number. NONE GIVEN
Project Name: REPAINT F4 GENOA
Project Location: NONE GIVEN
LAB NUMBER SAMPLE ID
ANALYTICAL RESULTS FOR
LUBBOCK WATER UTILITIES
ATTN: SOO KOON SOON
1625 13TH ST.
LUBBOCK, TX 79401
Sampling Date: 12/01/95
Sample Type: PAINT CHIPS
Sample Condition:
Sample Received By: GREEN
Analyzed By: WL
Cd Cr Pb
(ppm) (ppm) (ppm )
ANALYSIS DATE
12/06/95
12/06/95
12/06/95
L4387-1 PUMP STATION NO.4
<2.5
4.1
50.3
L4387-2 LOWHEAD 8
<2.5
11.1
9.2
Quality Control
0.979
0.983
1.005
True Value QC
1.000
1.000
1.000
% Accuracy
97.9
98.3
100.5
Relative Percent Difference
0
9
7.4
METHODS: EPA 600/4-91-010, 1 200.7 1 200.7 1 200.7
*sample received by this laboratory loose, not sealed In paper envelope.
F We,,' �"
Wei Li, Chemist
Date
Exhibit A
PLEASE NOTE: Liability and Damages. LCUMMs tiabdity and arenrs saclusom remedy for any ctmm anaing, wted+er based in awwact at wL OW be inited to Oe amount paid by fte client for Rye analyses
4.1 warms. including those for negligence and any other cause whet wwww shall be deemed waned unless made in writing and mcoked by LCLgWR w0un thirty = days after completion of the applicable semce
n no event shau LcufWR be habit for we dental or consequential damages. Mhding, wM MXA Wnitation, business intomwtlons, toss of use, or loss of pofifs ineuned by diem ib sub xhares. affiliates a
successors anung out of or related to fhe performance of services hereunder by LCUrWR. regardless of wtwdw such claim is based upon any of the above -stated masons or otherwise.
4387.XLS
a
LUBBOCK CHRISTIAN UNIVERSITY
INSTITUTE OF WATER RESEARCH
6601 19th Street • Lubbock. TX 79407 • P.O. Drawer 16051 • Lubbock, TX 79490-6051
(806) 796-8900 9 1-800-678-8901 • Fax (806) 796-8902
Receiving Date: 05/30/96
Reporting Date: 06/04/96
Project Number. NOT GIVEN
Project Name: NOT GIVEN
Project Location: NOT GIVEN
FLAB NUMBER SAMPLE ID
ANALYTICAL RESULTS FOR
CITY OF LUBBOCK
ATTN: SOO KOON SONG
1625 13TH STREET
LUBBOCK,TX 79457
FAX TO: 806-762-W25
Sampling Date: 05/29 & 30/96
Sample Type: SOLID
Sample Condition: INTACT & COOL
Sample Received By. LO
Analyzed By: WL
,TOTAL METALS
As Ag Ba Cd Cr Pb Hg Se
(ppm) (ppm) (ppm) (ppm) (ppm) (ppm) (ppm) (ppm)
ANALYSIS DATE:
6/3/96
5/29/96
6/3/96
5/31/96
6/3/96
5/31/96
6/3/96
6/3/96
L4755-1 PUMP STA. #6
18
4:5.0
860
<5.0
<2.5
23.7
0.25
<1
L4755-2 SAND HILLS
<5
<2.5
450
<2.5
<1.25
42.5
>>2.13
15
Quality Control
2.320
0.49
4.640
0.45
4.825
46.8
0.0105
0.4300
True Value QC
2.500
0.50
5.000
0.50
5.000
50.0
0.0100
0.5000
% Accuracy
92.8
98.0
92.8
90.0
96.5
93.6
105
86.0
Relative Percent Difference
1.9
2.1
4.0
0
2.9
0
3.4
1.4
METHODS: EPA 600/4-91/010 1 200.71 200.71 200.71 200.71 200.71 239.21 245.11 200.7
r PJJ AR lfsktA
i Burgess J. A o , ✓ . .
Exhibit B
dAlf�
Date
PLEUE NOTE Llabdtty and Damages. LCUM MS liability and chenrs eaduw4e remedy for any claim arising, whether based in contract or Lott shad be limited to the amount paid by the client for the analyses.
All chums, including those for negligence and any other cause whatsdewer Nne shad be deemed waed unless made in writing and reced by LCUFM within thirty (30) days after completion of the appkabte seMCe.
In no event shad LCUMlR be liable for incidental or consequential damages, including, wrthout limitation, business interruptions, loss of use, or lose of profits incurred by cierK As subludunes. affiliates or
I successors ansatg out of or related ao the peRdrmance of sarvrces hereunder by LCUMfR, regardless of whether such claim is based upon any of the above•stated reasons or otherwise.
4
i
L4755.XLS
1,