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Home My WebLink AboutResolution - 2024-R0195 - Contract 17930, With Veit National Corporation, 1017 East 29Th St - 04/09/2024Resolution No. 2024-RO195 Item No. 6.37 April 9, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Con rac' iNo.17930 for 1017 East 29th Street Demolition Services, by and between the City of Luobock and Veit National Corporation, of Alvarado, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 9, 2024 TRAY PAYN MAYOR ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ttorney RES.Contract- Veit National Corporation 17930 PROPOSAL SUBMITTAL FORM LUMP SUM PROPOSAL CONTRACT DATE: March 6. 2024 PROJECT NUMBER: RFP 24-17930-TF, 1017 East 29th Street Site Demolition Services Proposal of Veit National Corporation (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for construction of the referenced project, having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated. The price to cover all expenses incurred in performing the work required under the contract documents. PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONSTRUCTION TIME for completion: TOTAL CONSECUTIVE CALENDAR DAYS: 80 (to Substantial Completion) TOTAL CONSECUTIVE CALENDAR DAYS: 100 (to Final Completion) (not to exceed 180 consecutive calendar days to Substantial Completion 1210 consecutive calendar days to Final Completion). Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 180 Consecutive Calendar Days with final completion within 210 Consecutive Calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $25 for each consecutive calendar day after substantial completion and liquidated damages in the sum of$25 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of six 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror 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 proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. City of Lubbock, TX Community Development RFP 24-17930-TF 1017 East 29th Street Site Demolition Services Veit National Corporation of Alvarado, TX Items General QTY Unit Extended +/- U/M Price Cost #1-1 Total cost of materials and labor for services, as specified 1 LS $678,678.00 $678,678.00 Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum o frhirty-three thousand nine hundred thirty-three and nine ten0ollars ($ 33,933.90 ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. •``W C O 11, (Seal if Offeror is a Corporation,", .•P o°p ATTEST: •0 SEAL z° Secretary '% . ?i�rz�•� ° Offeror acknowledges receipt of the toftMvili addenda: Addenda No. 1 Date 2/24/24 Addenda No. 2 Date 2/29/24 Addenda No. Date Addenda No. Date Date: March 6, 2024 May-k Soxaai iig fdark Son agile (Mat 8, 2 418:24 CST) Authorized Signature Mark Sonaglia COO & Secretary (Printed or Typed Name) Veit National Corporation Company 8224 S IH 35W Suite C, Address Alvarado Johnson City, County Texas 76009 State Zip Code Telephone: 785 - 640-2476 Fax: 763- 428-8348 Email: mark.sonagliaa@veitnational.com FEDERAL TAX ID or SOCIAL SECURITY No. 37-1505727 iVI/1VVBF Firm: Woman Black American Native American Hispanic American I Asian Pacific American I j Other (Specify) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete NOS, 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2024-1138941 Veit National Corporation Alvarado, TX United States Date Filed: 03/26/2024 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17930 Demolition 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Veit, Kelly Rogers, MN United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION Mark Sona lia My name is g ,and my date of birth is My address is 14000 Veit Place, Rogers MN 55374 USA (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in Johnson County, State of Texas on the 26 day of March 2024 (month) (year) _Alw-k sOL1agQ Mark Sonaglia (Mar 26, Ki24 10:58 CDT) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.5b3Sd027 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2024-1138941 Veit National Corporation Alvarado, TX United States Date Filed: 03/26/2024 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged., 03/27/2024 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17930 Demolition 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Veit, Kelly Rogers, MN United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.5b35d027 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: April 9, 2024 CITY OF LUBBOCK SPECIFICATIONS FOR 1017 East 29th Street Site Demolition Services RFP 24-17930-TF CONTRACT: 17930 PROJECT NUMBER: 151.8801 Plans & Specifications may be obtained from https://ci-lubbock-tx.bonfirehub.com/ City of Lubbock CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank Addenda Page Intentionally Left Blank *kAlri- '`b�oek Lub ADDENDUM 1 Additional Specifications RFP 24-17930-TF 1017 East 29th Street Site Demolition Services DATE ISSUED: February 20, 2024 CLOSING DATE: March 7, 2024, at 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Additional Specifications Please see the attached specifications. Please incorporate the information with your response to the request for proposals. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores City of Lubbock Purchasing and Contracts Management Office 1314 Ave K, Floor 9 Lubbock, Texas 79401 Questions may be emailed to TKF I ores 2mylubbock.us Questions are preferred to be posted on https://ci-lbbock-tx.bonfirehub.com/ THANK YOU, % & P4ft" CITY OF LUBBOCK Teofilo Flores Assistant Director City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. 011( M ironmental reet 9404 57 °1-800-658-6018 SPECIFICATIONS FOR DEMOLITION AT FORMER CORONADO APARTMENT COMPLEX ESHAP DEMOLITION OF ALL STRUCTURES 1017 EAST 29TH STREET FOR CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK., TEXAS 79457 FEBRUARY- ARCH 2O24 KC PROJECT # 24-02-75 LUBBOCK A.BILENE SAN ANGELO 1205 E. 46TH STREET 2032 E. HIGHWAY 80 324 W. 26TH STREET, STE. B 79404 79601 76903 806.763.6157 325.669.8487 325944 .0931 Demolition TABLE OF CONTENTS Part 1: General Information 1.1 Related Documents 1.2 Project Work Covered By Contract Documents 1.3 Work By Owner 1.4 Contractor Use Of Site And Premises 1.5 Work Sequence 1.6 Owner Occupancy 1.7 Preconstruction Meeting 1.8 Examination 1.9 Scope Of Work Part 2: Construction Facilities and Temporary Controls 2.1 Related Documents 2.2 Temporary Water Service 2.3 Temporary Sanitary Facilities 2.4 Barriers 2.5 Water Control 2.6 Security 2.7 Parking 2.8 Progress Cleaning 2.9 Project Signs Part 3: Building Demolition 3.1 Related Documents 3.2 General Demolition 3.3 Project Record Documents 3.4 Qualifications 3.5 Regulatory Requirements 3.6 Project Conditions Part 4: Backfilling 4.1 Related Documents 4.2 References 4.3 Preparation 4.4 Backfilling 4.5 Schedule 4.6 Scarifying 4.7 Tolerances 4.8 Field Quality Control 4.9 Finished Site Part 5: Execution 5.1 Preparations 5.2 Demolition Requirements 5.3 Demolition 5.4 Disposal Demolition Project: City of Lubbock Former Coronado Apartment Complex 1017 East 29th Street Lubbock, Texas 79404 PART 1: GENERAL INFORMATION 1.1 Related Documents A. Drawings, General Conditions of the Contract for Construction and Summary of Work — General Requirements apply to Work of this Section. 1.2 Project Work Covered By Contract Documents A. Without force or effect, work of the total Project consists of demolition of all buildings, structures, facilities, and other debris (including brush) that comprise the property. B. Removal and transportation of asbestos contaminated building materials and concrete foundations using National Emissions Standards for Hazardous Air Pollutants (NESHAP) methods to appropriate landfill. The Contractor must have certification for National Emission Standards for Hazardous Air Pollutants (NESHAP). The Contractor must also have a license for hazardous waste transportation or utilize an approved waste hauling company with appropriate licensing and all trucks must be preapproved to transport hazardous waste. Certification/licensing of contractor and any subcontractors must be submitted for review prior to the award of contract. 1.3 Work By Owner A. There will be no work by owner except utility disconnects. B. The City of Lubbock reserves the right to remove any fixtures or personal property from the premises prior to demolition of the structures. Being awarded the contract for demolition does not automatically entitle the owner, agent, or contractor to possession of property which is present in the structures at the time the contract is awarded. 1.4 Contractor Use Of Site And Premises A. Construction Operations: Limited to areas limited to site boundaries. B. Time Restrictions for Performing Work 1. Normal working hours will be 8:00 am to 5:00 pm. Monday -Friday 2. Coordinate with Owner and Consultant for all work to be accomplished outside of the normal working hours. C. Utility Outages and Shutdown 1. All utilities will be disconnected by the owner. 1.5 Work Sequence A. Coordinate demolition schedule and operations with Consultant/Owner. B. Approximate start date is to be determined upon completion of bid review. C. The Contractor shall have the project completed in 200 calendar days from the start date unless a project extension has been granted by The City of Lubbock. 1.6 Owner Occupancy A. This building is unoccupied. Demolition 1.7 Preconstruction Meeting A. Consultant will schedule a meeting after Notice to Proceed. B. Attendance Required: Consultant, Contractor and Owner C. Agenda: 1. Submission of insurance certificates and bonding 2. Distribution of Contract Documents 3. Designations of personnel representing the parties in Contract and the Consultant. 4. Procedures and processing of field decisions applications for payments, proposal request, Change Orders and Contractor closeout procedures. 5. Scheduling 6. Use of premises by Owner and Contractor. 7. Owner's requirements. 8. Construction facilities and controls provided by Owner. 9. Security and housekeeping procedures 10. Procedures for maintaining record documents. 1.8 Examination A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. B. Examine and verify specific conditions described in individual specification sections. C. Verify that utility services are available, of the correct characteristics, and in the correct location. 1.9 Scope Of Work The following shall be applicable to the project site as defined by the property boundaries: A. The Contractor is required to acquire a SWPPP specific plan for the site and submit it to the City of Lubbock in enough time before the project start date in order to allow for review of the plan. The Contractor is required to follow all requirements of the SWPPP during the project duration and is also responsible for upkeeping of all plan components such as silt fences, drainage locations, vegetated swale locations, etc. B. The Contractor shall completely dismantle and demolish all of the structures and improvements located on said parcels not within the public right of way. C. All utilities, including sanitary sewer outlets, shall be capped after the structures have been removed. D. The Contractor will be responsible for locating, marking, and protecting all utilities. The Contractor shall follow all NESHAP regulations regarding demolition of asbestos containing building materials. E. Septic tanks, storm cellars, etc. shall be filled with authorized fill material and need not be removed. F. The Contractor shall utilize wet demolition techniques during all demolition work at the site. G. The Contractor shall ensure that no visible emissions (visible dust) are created during the project. All debris loads leaving the premises shall be covered with a tarpaulin after being adequately wetted and loaded for transport. H. Remove all trees and shrubs that are not healthy or that are in the way of demolition. Healthy trees that are not in the way of demolition shall be protected and maintained. I. All work shall be under the management of the Consultant and Owner. J. All manifest and load receipts shall be supplied daily to the consultant's on site supervisor. K. The Contractor shall install a temporary 6' chain link fence around demolition site. Demolition PART 2: CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 2.1 Related Documents A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and General Requirements apply to work of this Section. 2.2 Temporary Water Service A. The Contractor will be responsible for utilizing a meter on afire hydrant for water use for the duration of the project. 2.3 Temporary Sanitary Facilities A. Provide and maintain required facilities and enclosures. 2.4 Barriers A. Entrance to work site by other than owner, contractor and consultant is limited. 2.5 Water Control A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from pudding or running water. Provide water barriers as required to protect site from soil erosion. C. Implementation and ongoing use of the site SWPPP. 2.6 Security A. Provides security at all times during work. B. Provide temporary fencing to contain work site. 2.7 Parking A. All parking is to be confined to the property of the work or at location as designated by the owner. 2.8 Progress Cleaning A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition at all times. B. Remove waste materials, debris, and rubbish from site and dispose off -site at intervals as required to maintain clean site. C. Asbestos containing building debris must be kept wet at all times before loading of waste for transport. 2.9 Project Signs A. No signs are allowed without Owner's permission except those required by law. Demolition PART 3: BUILDING DEMOLITION 3.1 Related Documents A. The Drawings, General Conditions of the Contract for Construction, Supplementary conditions and General Requirements apply to the work of this Section. 3.2 General Demolition A. Demolition of designed structures and slab and removal of materials from site. B. Demolition of all below grade construction, including foundations, and footings to 3' below grade. Disconnecting, capping and removal of identified utilities. C. Removal of identified utilities. 3.3 Project Record Documents A. Accurately record actual locations of capped utilities and subsurface obstructions. 3.4 Qualifications A. Demolition Firm: Company specializing in performing the Work of this Section with minimum of five -.,.ears documented experience. B. Any sub -contractor must be approved by the owner. 3.5 Regulatory Requirements A. Conform to applicable code for demolition of structures, safety of adjacent structures, dust control, runoff control and disposal. B. Obtain required permits from authorities. C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways or hydrants without permits. E. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials. F. Comply with governing EPA/TDSHS Notification Regulations before beginning demolition. Comply with hauling and disposal regulations of Authorities having Jurisdiction. G. Before starting demolition, the Owner, Agent, or Contractor must secure a Demolition Permit from the Building Inspection Department located on the 1 St floor of the Lubbock Citizens Tower, 1314 Avenue K; Lubbock, Texas 79401: 806-775-2087. H. Before starting demolition, the Owner, Agent, or Contractor must ensure that all utilities are disconnected. I. Improvements shall not be moved to or reassembled in any other or new locations unless approved by the Owner's Representative. 3.6 Project Conditions A. Conditions existing at the time of Pre -Proposal inspection will be maintained by Owner as far as practical. B. Storage or sale of removed items or materials on site is not Permitted. Demolition PART 4: BACKFILLING 4.1 RELATED DOCUMENTS A. The Drawings, General Conditions of the Contract for construction, Supplementary Conditions and — General Requirements apply to the work of this Section. 4.2 REFERENCES A. ASTM D698 — Test Methods for Moisture -Density Relations of Soils and Soil - Aggregate Mixtures, Using 5.5 lb. (2.49 Kg) Rammer and 12-inch (304.8 mm) Drop. B. ASTM D2922 — Test Methods for Density of Soil and Soil Aggregate in Place by Nuclear Methods (Shallow Depth). C. Fill Materials: Shall be free of all organic materials, including wood, upholstery or bedding materials, cloth, paper, trash, etc. D. Fill Materials: Concrete, stone, or brick masonry assemblies, etc. are permitted in fill if this material and other rubble are covered with earth, permitting a use of more of a raked -clean condition. (Suggest two (2) feet of topsoil) 4.3 PREPARATION A. Compact sub -grade to density requirements for subsequent backfill materials. B. Cut-out soft areas of sub -grade not capable of compaction in place. Backfill with fill and compact to density equal to or greater than requirements for subsequent fill material. C. Scarify and proof roll sub -grade surface to a depth of 8 inches to identify soft spots; fill and compact to density equal to or greater than requirements for subsequent fill materials. 4.4 BACKFILLING A. Backfill areas to contours and elevations with unfrozen materials. B. Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet, frozen, or spongy sub -grade surfaces. C. Fill: Place and compact material in equal continuous layers not exceeding 8 inches compacted depth. D. Employ a placement method that does not disturb or damage other work. E. Maintain optimum moisture content of backfill materials to attain required compaction density. F. Make gradual grade changes. Blend slope into level areas. G. Remove surplus backfill materials from site. H. Leave fill material stockpile areas free of excess fill materials. I. Roto till topsoil to provide maximum of 1 '/2 inch diameter dirt clods, hand rake smooth. J. Provide a minimum of an 8-inch-deep layer of topsoil. 4.5 SCHEDULE A. Fill material: 90% density, ASTM D-1557 B. Topsoil: 85% density, ASTM D-1557. 4.6 SCARIFYING A. Scarify existing lawn (turf) areas compacted during demolition to a minimum of 6 inches deep, if necessary. B. Reshape and level to meet adjacent undisturbed areas. C. Roto till area to provide maximum of 1 '/2 inch diameter dirt clods, hand rake smooth. 4.7 TOLERANCES A. Top Surface of General Backfilling: Plus or minus 1 inch from required/existing elevations. Demolition 4.8 FIELD QUALITY CONTROL A. Compaction testing will be performed in accordance with ASTM D6938, if required by The City of Lubbock. B. If tests indicate Work does not meet specified requirements, remove work, replace, and retest. 4.9 FINISHED SITE C. The ground shall be left in a clean (raked) condition without any debris, trash, etc. and suitable for maintenance to be performed by others. D. The site shall be graded to provide adequate drainage; ponding of water will not be permitted. Demolition PART 5: EXECUTION 5.1 Preparations A. A temporary 6" fence shall be erected. B. Furnish sanitary facilities at contractor's discretion. C. Mark locations of utilities. 5.2 Demolition Requirements A. Conduct demolition to minimize interference with adjacent structures and occupancies. B. Cease operations immediately if adjacent structures appear to be in danger. Notify Owner and Architect/Consultant. Do not resume operations until directed. C. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access at all times D. Sprinkle Work with water to minimize dust. Provide hoses and water connections for this purpose. There shall be no visible dust. E. There shall be no use of cutting torches until work area is clear of all flammable material. Contractor shall maintain a fire watch and shall employee the use of portable fire suppression devices during all use of cutting torch operations. F. Use of any type of explosives is prohibited. 5.3 Demolition A. Disconnect, remove, cap, and identify designated utilities within designated areas. B. Remove all water lines and piping. C. Remove concrete slabs on grade. D. Rough grade and compact areas affected by demolition to ensure water draining. E. Remove demolished materials from site. F. Do not burn or bury materials on site. Leave site in clean condition. G. Remove temporary work. 5.4 Disposal A. All demolition material must be disposed of in a certified landfill and waste manifest tickets shall be furnished to the owner and consultants. Waste disposal locations must be approved by the City of Lubbock. B. Waste loaded into a truck or dumpster shall not be removed from the site until the owner or owner representative has signed the waste manifest and received a copy of the waste manifest. C. All Asbestos Contaminated Waste must be transported and disposed of in accordance with all NESHAP requirements. Waste disposal receipts from each load of waste must be immediately supplied to the owner or owner's representative. No Text LYI�it nvironmentai Street s79404 157 1-800-658-6018 SPECIFICATIONS FOR ESHAP DEMOLITION AT FORMER CORONADO APARTMENT COMPLEX NESHAP DEMOLITION OF ALL STRUCTURES 1017 EAST 29TH STREET LUBBOC, TEXAS 79404 FOR CITY OF LUBBOCK P.O. BOX 2000 LUBBOCKo TEXAS 79457 FEBRUARY- ARCH 2O24 KC PROJECT # 24-02-75 LUBBOCK ABILENE SAN ANGELO 1205 E. 46TH STREET 2032 E. HIGHWAY 80 324 W. 26T}I STREET, STF. B 79404 79601 76903 806.763.6157 325.669.8487 325944.0931 Environmental 1205 E. 46th Street Lubbock, Texas 79404 (806)763-6157 Project Name: 1-800-658-6018 City of Lubbock Former Coronado Apartment Complex 1017 East 291h Street Lubbock, Texas 79404 February 20, 2024 Demolition of all structures on project site following NESHAP guidelines & demolition of all other designated materials and items on project site, as identified. The following project managers for King Consultants, Inc. have the authority to conduct the responsibilities and functions, including final clearance inspections as stated in the specifications of this project and any other project to which they are assigned. Name PM # AMT # Laurent Dinka 50-1407 70-6539 Dixie Rumsey Consultant 10-5885 Benjamin Rumsey 50-1764 70-6912 Luis Baca 50-1037 70-5804 Austin Williams 50-1972 70-7130 Stacy Jennings 50-1308 70-6450 Samuel Valerio 50-1729 70-6876 Marcus Preston 50-1470 70-6568 Curtis Childers 50-1873 70-7035 Jeremy Probasco 50-1937 70-7103 Araceli Rodriquez 50-1916 70-7081 Michael Monte 50-1282 70-2804 Kendon Draper 50-1964 70-7135 Henry King, Consultant TDSHS #10-5135 Expiration Date Feb. 7, 2025 Jace Hassoldt, Consultant TDSHS #10-5759 Expiration Date Feb. 12, 2025 ENVIRONMENTAL SPECIALISTS Dixie Rumsey, Consultant TDSHS #10-5885 Expiration Date Sept. 29, 2025 ABILENE SAN ANGELO 2032 EAST HIGHWAY 80 2141 OFFICE PARK, SUITE 9 79601 76904 325.669.8487 325.668.7333 ASBESTOS ABATEMENT CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 79457 FEBRUARY-MARCH 2O24 CONSULTANT JACE HASSOLDT KING CONSULTANTS, INC. 1205 E. 46TH STREET LUBBOCK, TEXAS 79404 (806) 763-6157 colli*ltant Asbestos Abatement TABLE OF CONTENTS Part 1 General Information 1.1 Bid Requirements 1.1.1 Site Investigation 1.1.2 Discrepancies 1.1.3 Insurance Requirements and Bid Security 1.2 Licenses and Qualifications 1.3 Definitions 1.4 Scope of Work 1.5 Description of Work 1.6 Applicable Standards and Guidelines 1.7 Submittals and Notices 1.8 Site Security 1.9 Emergency Planning 1.10 Pre -start Meeting Part 2 Materials and Equipment 2.1 Materials 2.2 Equipment 2.3 Substitutions Part 3 Execution 3.1 Preparation 3.1.1 Work Area Pre -cleaning 3.1.2 Worker Decontamination Enclosure 3.1.3 Waste Container pass -out Airlock 3.1.4 Barriers Between the Work Area and Occupied Areas 3.1.5 Maintenance of Enclosures 3.1.6 Establishing Emergency Exits 3.1.7 Removing and Cleaning Fixtures from Area 3.1.8 Removal of Building Structural Components 3.1.9 Commencement of Work 3.1.10 Enclosure System Approval 31.11 Alternative Procedures 3.2 Workplace Entry and Exit Procedures 3.3 Training 3.4 Respiratory Protection 3.5 Protective Clothing 3.6 Removal Procedures 3.7 Clean-up 3.8 Lock -down 3.9 Final Inspection and Clearance Air Monitoring 3.10 Disposal Procedures 3.11 Transportation to the Landfill 3.12 Disposal at Landfill 3.13 Re-establishment of the Work Area and Systems 3.14 Repairs Part 4 Support Activities 4.1 Training 4.2 Medical Monitoring 4.3 Safety February -March 2024 Project Manual -1 1017 East 29th Street; Lubbock, Texas Asbestos Abatement PART 1 GENERAL INFORMATION 1.1 Bid Requirement 1.1.1 Site Investigation 1.1.1.1 By Submitting a Bid, the contractor acknowledges that he has investigated and satisfied himself as to (A) the conditions affecting the work, including but not limited to physical conditions of the site which may bear upon site access, handling and storage of tools and material, access to water, electric and other utilities or otherwise affect performance of required activities:(B) The character and quantity of all surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including exploratory work done by the Building Owner or a designated consultant, as well as information presented in drawing and specifications included with this contract. Any failure by the Contractor to acquaint himself with available information will not relieve him from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Building Owner is not responsible for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Building Owner: (C) Has completely read these specifications and agrees to all parts of it. Agrees that upon entering either a written or verbal agreement and does start work on the project as outlined in these specifications that the contractor agrees to all terms and stipulations as outlined in these specifications. 1.1.1.2 No Bids will be accepted from any Contractor who has not inspected the job site either in person or through a qualified designated representative. The walk through is mandatory. 1.1.1.3 Failure to meet any of the conditions of these specifications will result in the forfeit of the Bid Security. 1.1.1.4 Hold harmless and indemnity agreement. By entering into either a verbal or written agreement the contractor agrees to hold harmless and to indemnity the Consultant and owner from any legal action resulting from any action caused by either the contractor or any employee or sub -contractor. This includes but is not limited to any legal action resulting from an OSHA violation, TDSHS rules violation, or any other violation or injury to any employee other than employees of the Consultant. 1.1.2 Discrepancies 1.1.2.1 Should a Person submitting a Bid find discrepancies in the plans and/or specifications or should he be in doubt as to the meaning or intent of any part thereof, he must, prior to commencement of work, request clarification from the Consultant or Building Owner. Discrepancies with regard to conflicts between the Contract Documents and applicable Federal, State or Local regulations or requirements shall be included therein. Failure to request such clarification is a waiver to any claim by the Person submitting a Bid for expense made necessary by reason of later interpretation of the Contract Documents by the Building Owner. 1.1.2.2 Copy of the plans will be at the back of these specifications, when available. 1.1.2.3 Oral explanations or instructions will not be binding, only written addenda are binding. 1.1.3 Insurance Requirements and Bid Security — See City of Lubbock Requirements 1.1.3.1 Insurance requirements -The Contractor shall purchase and maintain insurance that will protect him from claims that may arise out of or result from his activities under this Contract, whether those activities are performed by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The contractor agrees to name King Consultants or any of its subsidiaries or sister companies as additional insured. Failure to do this does not relieve the contract of all liability resulting from any legal action. 1.1.3.2 Required Workers Compensation Insurance Coverage - 28 TAC 110.110(c)(7), adopted to implement Texas Labor Code 406.096 The owner shall use the following language for Bid specifications and contracts for building or construction, without any additional works or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation. 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 February -March 2024 Project Manual - 2 1017 East 291h Street; Lubbock, Texas Asbestos Abatement statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project is required 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 Texas Labor Code 406.096) include all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees or any such entity, or employees or any entity that 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 services related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 1.1.3.3 The contractor must provide a certificate of coverage to the owner prior to being awarded the contract. The contractor agrees to name King Consultants or any of its subsidiaries or sister companies as additional insured. Failure to do this does not relieve the contract of all liability resulting from any legal action. 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 building owner showing that coverage has been extended. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: A certificate of coverage, prior to that person beginning work on the project, so the building owner will have on file certificates of coverage showing coverage for all persons providing services on the project; and 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 ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The contractor shall notify the building owner in writing by certified mail or personal delivery, within ten 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. 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. February -March 2024 Project Manual - 3 1017 East 29th Street; Lubbock, Texas Asbestos Abatement The contractor shall 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, which meets the statutory requirements of Texas Labor Code 401,011(44) for all of its employee's providing services on the project for the duration of the project. 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. 3. 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. 4. Obtain from each person with whom it contracts, and provide to the contractor: a. A certificate of coverage, prior to the other person beginning work on the project; and b. 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. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the building owner in writing by certified mail or personal delivery, within ten 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 7. Contractually require each person with whom it contracts to perform as required by items 1-6, with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the building owner that all employees of the contractor who will provide services on the project will be covered by workers' 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 carvers 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. The contractors' failure to comply with any of these provisions is a breach of the contract by the contractor that entitles the building owner to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the building owner. The coverage requirement recited above does not apply to sole proprietors, partners, and corporate officers who are excluded from coverage in an insurance policy or certificate of authority to self -insure that is delivered, issued for delivery, or renewed on of after January 1,1996.38 TAC 110.110(I) 1.1.3.4 The contractor shall submit a certificate of Asbestos Abatement general liability insurance for personal injury, occupational disease and sickness or death, premises -operations, products February -March 2024 Project Manual - 4 1017 East 291h Street; Lubbock, Texas Asbestos Abatement completed operations hazard, contractual insurance, independent contractors, and broad form property damage. Insurance shall include "Occurrence" claim provisions. Minimum Coverage Shall Be: $1,000,000.00 Combined Single Limit for Bodily Injury and Property Damage $ 500,000.00 Bodily Injury $ 500,000.00 Property Damage (each occurrence) $2,000,000.00 Aggregate limit The property owner and the Consultant shall be named as additional insured. In addition to the above general liability insurance the contractor will be required to furnish the following additional insurance: 1.1.3.3.1 Installation Floater (not applicable) The contractor shall, during the progress of the work, maintain insurance equal to the full amount of the cost of the project plus three percent for additional costs. The policy shall be inland marine form, subject to the approval of the Owner. The insurance shall cover all work incorporated in the building project and all materials for the same, in or about the premises. Money received under any such insurance shall be paid in the same manner as monthly progress payments in relation to the cost incurred in the rebuilding or reparation of the work destroyed or damaged. Floaters Installation Insurance shall be subject to a deductible of $1,000.00 for all losses occasioned by perils insured. All other losses will be at the risk of the contractor(s). Owner's Liability Insurance The contractor shall obtain, at his expense, an Owner's Protection Liability Insurance Policy, naming the Owner, its employees and the Consultant as insured, with the following limits: $ 500,000.00 Each Occurrence 1,000,000.00 Aggregate Certificates of Insurance for the above coverage shall be filed with the Owner before work is started. 1.1.3.3.2 Pollution Liability Insurance The asbestos abatement contractor shall provide the Owner an insurance certificate for Pollution Liability Insurance in the amount of $1 million dollars for the asbestos waste transportation company. Should the abatement contractor transport their own waste, they must provide this insurance. 1 1.3.4 The Contractor shall provide vehicle liability and property damage insurance for the duration of the project for all owned, hired, and non -owned vehicles with the following limits. Bodily Injury $ 300,000.00 (each person) Bodily Injury 500,000.00 (each occurrence) Property Damage 300,000.00 (each occurrence) 1.1.3.5 Should the person submitting a Bid to whom the contract is awarded fail or be unable to execute the contract for any reason within (30) days after notification of award, then an amount equal to the difference between the acceptable Bid price and that of the next highest person submitting a Bid shall be paid to the Building Owner as liquidated damages. 1.1.3.5.1 If required by the owner, the contractor will furnish a payment bond and performance bond in the amount of 100% of the contract price. This bond must be written by a Surety Company listed by the United States Department of the Treasury (Federal Register Circular 570) as an acceptable surety on Federal Bonds and shall hold a B+ or better rating by A.M. Best Company, Oldwick, N.J. February -March 2024 Project Manual - 5 1017 East 29th Street; Lubbock, Texas Asbestos Abatement The right to accept a Bid from a company with an acceptable bond that is not treasury listed shall be reserved by the owner. 1.1.3.6 As a prerequisite to signing the contract, the contractor shall have fumished Performance and Payment Bonds if required and Certificates of Insurance. 1.2 Licenses and Qualifications 1.2.1 Contractor must be licensed as required by the Texas Department of State Health Services for the purpose of removal, encapsulation, enclosure, demolition and maintenance of structures or components covered by or composed of asbestos - containing materials. In accordance with Texas Department of State Health Services regulations (295.31(e) each person on the job site must have the identification card issued by the TDSHS, proof of required training, current physical, and current respirator fit test prior to work. 1.2.1.1 Contractor shall demonstrate prior experience on asbestos abatement projects of similar nature and scope through the submission of letters of reference from the Building Owner's including the name, address, and telephone number of contact person (someone specifically familiar with the Contractor's work) for at least three (5) previous users of service. Include descriptions of projects, locations, and records of all air monitoring data that were generated during the project. 1.2.1.2 In addition, Contractor shall furnish a copy of work procedure (e.g., containment, decon- unit, respirator, emergency plan, etc.). 1.2.1.3 The contractor shall submit a notarized statement, signed by an officer of the company, containing the following information. 1.2.1.4 A record of any citations issued by Federal, State or Local regulatory agencies relating to asbestos abatement activity. Include projects, dates, and resolutions. 1.2.1.5 A list of penalties incurred through non-compliance with asbestos abatement project specifications including liquidated damages, over -runs in scheduled time limitations and resolutions. 1.2.1.6 Situations in which an asbestos related contract has terminated including projects, dates and reasons for termination. 1.2.1.7 A listing of any asbestos -related legal proceedings/claims in which the Contractor (or employees scheduled to participate in this project) has participated or is currently involved. Include descriptions of role, issue, and resolution to date. 1.2.1.8 A certified statement listing all owners of said company and their ownership in any. other asbestos related companies or other professional entities. 1.2.1.9 All personnel working on this project shall be able to meet all requirements of the Federal Security. No person with a felony record conviction will be allowed to work on this project. 1.2.1.10 The primary contactor shall be the licensed asbestos abatement contractor and shall be the one submitting the bid. 1.3 Definitions 1.3.1 Abatement - Procedures to control fiber release from asbestos -containing materials. Includes removal, encapsulation, enclosure, repair, demolition, and renovation activities. 1.3.1.1 ACGIN - American Conference of Governmental Industrial Hygienists, 6500 Glenway Avenue, Building D-5, Cincinnati, Ohio 45211. 1.3.1.2 Adequately wet — Sufficiently mixed or penetrated with liquid clean through with no dry material to prevent the release of particulates. If visible emissions are observed coming from asbestos -containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. 1.3.1.3 AHERA — Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519. The act amends the Federal Toxic Substances Control Act, 15 United States Codes, §2641, et seq., by requiring an inspection of all school buildings (Grades K-12), all school administrations to develop plans for controlling asbestos in or removing asbestos from school buildings and providing penalties for non-compliance. February -March 2024 Project Manual - 6 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 1.3.1.4 AIHA - American Industrial Hygiene Association, 4676 Columbia Parkway (R-8) Cincinnati, Ohio 45226. 1.3.1.5 Airlock - A system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated by distance of at least 3 feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow -through contamination. 1.3.1.6 Air monitoring - The process of measuring the fiber content of a known volume of air collected during a specific period of time. The procedure normally utilized for asbestos follows the NIOSH Standard Analytical Method for Asbestos in Air, Method 7400. For clearance air monitoring, electron microscopy methods may be utilized for lower detectability and specific fiber identification. 1.3.1.7 Air Sampling Professional - The professional contracted or employed by the Building Owner to supervise and/or conduct air monitoring. This individual may also function as the Asbestos Project Manager, if qualified. Supervision of air sampling and evaluation of results should be performed by an individual who has completed an EPA approved NIOSH 582 course and has specialized experience in air sampling for asbestos. Other acceptable Air Sampling Professionals include Environmental Engineers, Architects, Chemists, and Environmental Scientists or others with equivalent experience in asbestos air monitoring and asbestos abatement. This individual shall not be affiliated in any way other than through this contract with the Contractor performing the abatement work. 1.3.1.8 Amended Water - Water to which a surfactant has been added. 1.3.1.9 ANSI - American National Standards Institute, 1430 Broadway, New York, N.Y. 10018. 1.3.1.10 Asbestos - the asbestiform varieties of serpentine (chrysotile) rie beckite (crocidolite), cum mingtonite-grunerite (amosite), anthrophyllite, and actinolite, and tremolite. 1.3.1.11 Asbestos abatement — The removal, the encapsulation, or the enclosure of asbestos for the purpose of, that has the effect of reducing or eliminating airborne concentrations of asbestos fibers or amounts of ACM. 1.3.1.12 Asbestos abatement contractor — A person who undertakes to perform asbestos removal, enclosure, or encapsulation for others under contract or other agreement, or who bids to undertake asbestos activities. 1.3.1.13 Asbestos abatement supervisor — An individual who is in the direct and responsible charge of the personnel, practices, and procedures of an asbestos abatement operation or project. 1.3.1.14 Asbestos consulting activities — consulting activities in public buildings include: the designing of asbestos abatement projects; the inspection for asbestos -containing materials (ACM); the evaluation and selection of appropriate asbestos abatement methods and project layout; the preparation of plans, specifications and contract documents; the review of environmental controls, abatement procedures for personal protection employed during the project; the design of area and clearance air monitoring of the project; any inspection, management planning, air monitoring, or project management performed by of for the consultant or consulting agency; consultation regarding compliance with various regulations and standards; recommending abatement options; and representing the consultant agency or consultant in obtaining consulting work. 1.3.1.15 Asbestos -containing building material (ACBM) — Surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a public or commercial building. 1.3.1.16 Asbestos -containing Material (ACM) — Materials or products that contain more than 1.0% of any kind or combination of asbestos, as determined by the Environmental Protection Agency (EPA) recommended methods as listed in EPA/600/R-93/116, July 1993 "Method for the Determination of Asbestos in Bulk Building Materials". This means any one material component of a structure or any layer of a material sample. Composite sample analysis is not allowed. February -March 2024 Project Manual - 7 1017 East 291h Street; Lubbock, Texas Asbestos Abatement 1.3.1.17 Asbestos -containing Waste Material - Includes mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of 40 CFR Part 61, Subpart M. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos -containing materials, and materials contaminated with asbestos including disposable equipment and clothing. 1.3.1.18 Asbestos exposure — Airborne asbestos fiber concentrations resulting from disturbance or deterioration of asbestos or asbestos containing material (ACM). 1.3.1.19 Asbestos project design — Asbestos abatement project design includes the inspection of public buildings for asbestos containing material (ACM), the evaluation and selection of appropriate asbestos abatement methods, project layout, the preparation of plans, specifications and contract documents, and the review of environmental controls, abatement procedures and personal protection equipment employed during the project. 1.3.1.20 Asbestos Project Manager - That person designated by the Consultant to manage all asbestos work. 1.3.1.21 Asbestos -related activity — The disturbance (whether intention or unintentional), removal, encapsulation, or enclosure of asbestos, including preparations or final clearance, the performance of asbestos surveys, the development of management plans and response actions, asbestos project design, the collection or analysis of asbestos samples, monitoring for airborne asbestos, proposing for a contract for any of these activities, or any other activity required to be licensed under the Texas Asbestos Health Protection Act. 1.3.1.22 Asbestos removal — Any action that dislodges, strips, or otherwise takes away asbestos containing material (ACM). 1.3.1.23 Asbestos reporting unit (ARU) — An asbestos reporting unit is 160 square feet or 260 linear feet or 35 cubic feet of ACBM in public buildings or RACM in facilities, as defined under NESHAP. 1.3.1.24 Asbestos survey — An inspection of a building or facility to determine the location, quantity, and condition of asbestos -containing material (ACM) therein by taking samples for analysis or by visual inspection. 1.3.1.25 ASTM - American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. 1.3.1.26 Authorized Visitor - The Building Owner (and any designated representatives) and any representative of a regulatory or other agency having jurisdiction over the project. 1.3.1.27 Building Owner - The Owner or his authorized representative. 1.3.1.28 Certified Industrial Hygienist - (CIH) An industrial hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. (See Section 1.3.1.2 for address). 1.3.1.29 Clean Room - An uncontaminated area or room which is a part of the worker decontamination enclosure system with provisions for storage of worker's street clothes and clean protective equipment. 1.3.1.30 Commercial asbestos — Any material containing asbestos that is extracted from ore and has value because of its asbestos content (NESHAP definition, 1990). 1.3.1.31 Commercial Building — The interior of any industrial or federal government owned building. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space. 1.3.1.32 Competent person — The individual designated as the competent person as required by the United States Occupational and Health Administration regulations in 29 CFR, §1926.58. 1.3.1.33 Containment — A portion of the regulated area that has been sealed and placed under negative air pressure with high efficiency particulate air -filter (HEPA) filtered negative air machines. 1.3.1.34 Contractor — A person under contract to perform a service with wage or income reporting and tax responsibilities. February -March 2024 Project Manual - 8 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 1.3.1.35 Curtained Doorway - A device to allow ingress and egress from one room to another while permitting minimal air movement between the rooms, typically constructed by placing two overlapping sheets of plastic over an existing or temporarily framed doorway, securing each along the top of the doorway, securing the vertical edge of one sheet along one vertical side of the doorway and securing the vertical edge of the other sheet along the opposite vertical side of the doorway. Other effective designs are permissible if approved in advance by the Consultant. 1.3.1.36 Decontamination Enclosure System - A series of connected rooms, separated from the work area and from each other by air locks, for the decontamination of workers and equipment. The system shall be in accordance with TAHPR 295.60 (e). 1.3.1.37 Demolition - The wrecking or taking out of any load -supporting structural member of a facility together with any related handling operations. 1.3.1.38 Designated person — The individual designated under Asbestos Hazard Emergency Response Act (AHERA) to oversee all asbestos activities to include compliance with all laws, regulations, and rules. 1.3.1.39 Employee — A person who is paid a salary, wage, or remuneration by an entity for services performed and has a relationship with the entity that would result in the entity being liable for that person's acts or judgements. 1.3.1.40 Encapsulant - A liquid material which can be applied to asbestos -containing material which controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (Bridging encapsulant) or by penetrating into the material and binding its components together (Penetrating encapsulant). 1.3.1.41 Encapsulation - The application of an encapsulant to asbestos -containing materials to control the release of asbestos fibers into the air. 1.3.1.42 Enclosure - The construction of an airtight, impermeable, permanent barrier around asbestos -containing material to control the release of asbestos fibers into the air. 1.3.1.43 EPA - U.S. Environmental Protection Agency, 401 M. Street S.W., Washington, D. C. 20460. 1.3.1.44 Equipment Decontamination Enclosure System - That portion of a decontamination enclosure system designed for controlled transfer of material and equipment into or out of the work area, typically consisting of a washroom and holding area. 1.3.1.45 Equipment Room - A contaminated area or room which is part of the worker decontamination enclosure system with provisions for storage of contaminated clothing and equipment. 1.3.1.46 Facility - Any institutional, commercial, or industrial structure, installation, or building. Facility component - Any pipe, duct, boiler, tank, reactor turbine or furnace at or in a facility or any structural member of a facility. 1.3.1.47 Facility owner — The owner of record of any facility or public building or any person who exercises control over a facility or public building to the extent that said person contracts for or permits renovation to or demolition of said facility or public building. 1.3.1.48 Federal government owned building — Any building, which is not a school building as defined in 40 CFR 763.83, owned by the United States Federal Government or any other type of US military building. 1.3.1.49 Fixed object - A piece of equipment or furniture in the work area which cannot be removed from the work area. 1.3.1.50 Friable Material - Materials that when dry can be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure. 1.3.1.51 Glovebag Technique - A method with limited applications for removing small amounts of friable asbestos -containing material from HVAC ducts, short piping run, valves, joints, elbows, and other non -planar surfaces in a non -contained (plasticized) work area. The govebag assembly is a manufactured or fabricated device consisting of a February -March 2024 Project Manual - 9 1017 East 29th Street; Lubbock, Texas Asbestos Abatement glovebag (typically constructed of 6 mil transparent polyethylene or polyvinylchoride plastic) two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The glovebag is constructed and installed in such a manner that it surrounds the object or material to be removed and contains all asbestos fibers released during the process. OSHA's definition of a glove bag is that it may be no larger than 60"40", may be used only one time, may not be slid along the pipe, and may not be joined to form a continuos line of glove bags. All workers who are permitted to use the glovebag technique must be highly trained, experienced, and skilled in this method. This definition will be strictly applied to on all projects. 1.3.1.52 HVAC - Heating, ventilation, and air conditioning system. 1.3.1.53 HEPA Filter - A high efficiency particulate air filter capable of removing particles 0.3 microns in diameter with 99.97% efficiency. 1.3.1.54 HEPA Vacuum - A vacuum system equipped with HEPA filtration. Holding Area - A chamber in the equipment decontamination enclosure located between the washroom and an uncontaminated area. The holding area comprises an airlock. Independent third -party air monitor — A person retained to collect area air samples to be analyzed by and for the owner of the building or facility being abated. The person must not be employed by the abatement contractor to analyze any area samples collected during the abatement projects being monitored or the clearance samples. 1.3.1.55 Industrial building — Any building where industrial or manufacturing operations or processes are conducted to which access is limited principally to employees and contractors of the facility operator or to invited guests under controlled conditions. 1.3.1.56 Inspection — Any activity undertaken in a school building, public building, or commercial building to determine the presence or location, or to access the condition of, friable or non -friable asbestos -containing building material (ACBM) or suspected ACBM, whether by visual or physical examination, or by collecting samples of such material. This term includes reinspection's of friable and non -friable known or assumed ACBM which has been previously identified. The term does not include the following: A. periodic surveillance of the type described in 40 CFR §763.92(b) solely for the purpose of B. recording or reporting a change in the condition of known or assumed ACBM. C. inspections performed by employees or agents of the federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or D. visual inspections of the type described in 40 CFR §763.90(I) solely for the purpose of determining completion of response actions. 1.3.1.57 Layer — Any constituent of an asbestos bulk sample that exhibits different physical properties such as color or composition and can be readily separated from the rest of the sample with an instrument such as a modeler's knife. 1.3.1.58 License — Any license or regulation issued under this chapter. 1.3.1.59 Licensee — A person who meets all qualifications and has been issued a license or registration by the Texas Department of State Health Services in accordance with these sections. 1.3.1.60 Major Fiber Release Episode — Any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of more than 3 square or linear feet of friable ACBM. 1.3.1.61 Management plan — A written plan describing appropriate actions for surveillance and management of asbestos containing material (ACM). 1.3.1.62 Minor Fiber Release Episode — Any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of 3 square or linear feet or less of friable ACBM. 1.3.1.63 Movable Object - A piece of equipment or furniture in the work area which can be removed from the work area. 1.3.1.64 Negative Pressure Ventilation System - A portable exhaust system equipped with HEPA filtration and capable of maintaining a constant low velocity air flow into contaminated areas from adjacent uncontaminated areas. February -March 2024 Project Manual -10 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 1.3.1.65 NESHAPS - The National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61). 1.3.1.66 NIOSH - The National Institute for Occupational Safety and Health CDC-NIOSH, Building J N.E., Room 3007, Atlanta, Ga. 30333. 1.3.1.67 Nonfriable material — Material which, when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure. 1.3.1.68 NVLAP — The National Voluntary Laboratory Accreditation Program. 1.3.1.69 Operations and maintenance (O&M) — Operations and maintenance activities are repairs, maintenance, renovation, installation, replacement, or cleanup of building materials or equipment. 1.3.1.70 Operations and maintenance (O&M) manual — A record or O&M activities in a public building. The public building owner shall record each individual O&M activity in the manual, including the date of activity, the persons performing the activity, complete description of the activity, including methods used to prevent the emission of asbestos fibers, and the amount of asbestos removed. An updated total of the amount of asbestos abated shall be kept as a comparison to the amount estimated in the annual O&M notification. The manual will be made available to the department upon request. 1.3.1.71 OSHA - The Occupational Safety and Health Administration, 200 Constitution Ave. Washington, D.C. 20210.7 1.3.1.72 Outside Air - The air outside buildings and structures. 1.3.1.73 PAT — Proficiency Analytical Testing. 1.3.1.74 PCM — Phase -contract microscopy, a method of analysis for overall airborne fiber counts using an optical microscope. 1.3.1.75 PEL — Permissible Exposure Limit as defined by OSHA regulations (29 CFR §1926.1101). 1.3.1.76 PLM — Polarized -light microscopy, a method of analysis for detection of the presence and type of asbestos. 1.3.1.77 Plasticize - To cover floors and walls with plastic sheeting as herein specified. 1.3.1.78 Prior Experience - Experience required of the contractor on asbestos projects of similar nature and scope to ensure capability of performing the asbestos abatement in a satisfactory manner. Similarities shall be in areas related to material composition, project size, abatement methods required, number of employees and the engineering, work practice and personal protection controls required. 1.3.1 79 Public building — The interior space of a building used or to be used for the purposes that provide for public access or occupancy, including prisons and similar buildings. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space. The term includes any building during a period of vacancy, including the period during preparations prior to actual demolition. The term does not include: A. an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health. B. a federal building or installation (civilian or military). C. a private residence. D. an apartment building with no more than four dwelling units; or E. a manufacturing facility or building that is limited to workers and invited guests under controlled conditions. F. a building, facility, or any portion of which has been determined to be structurally unsound and in danger of imminent collapse by a professional engineer, registered architect, or a city, county, or state government official. 1.3.1.80 Regulated area — The demarcated area in which asbestos abatement activity takes place, and in which the possibility of exceeding the permissible exposure limits (PEL) for the concentrations of airborne asbestos exists. 1.3.1.81 Renovation — Additions to or alterations of the building for purpose of restoration by removal, repairing, and rebuilding. February -March 2024 Project Manual -11 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 1.3.1.82 Removal - The stripping of any asbestos -containing materials from surfaces or components of a facility. 1.3.1.83 Renovation — Additions to or alterations of the building for purpose of restoration by removal, repairing, and rebuilding. 1.3.1.84 Response action — A method, including removal, encapsulation, enclosure, repair, and operation and maintenance, which protects human health and the environment from friable ACBM. 1.3.1.85 Responsible person — The individual that is designated by the licensed Asbestos Abatement Contractor, Asbestos Operations and Maintenance Contractor, Asbestos laboratory, Asbestos Consultant Agency, or Asbestos Management Planner Agency, as responsible for their operations and compliance with these rules. 1.3.1.86 Shower room - A room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold or warm running water controllable at the tap and suitably arranged for complete showering during decontamination. 1.3.1.87 Small-scale, short -duration activities (SSSD) — are tasks such as, but not limited to removal of asbestos -containing insulation on pipes; removal of small quantities of asbestos -containing insulation on beams or above ceilings; replacement of an asbestos - containing gasket on a valve; installation or removal of a small section of drywall; installation of electrical conduits through or proximate to asbestos -containing materials. These tasks, when performed in a commercial building, do not require accreditation. SSSD can be further defined by the following considerations. A. Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement. B. Removal of asbestos -containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag. C. Minor repairs to damaged thermal system insulation which do not require removal. D. Repairs to a piece of asbestos -containing wallboard. E. Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACBM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini enclosure. Such an enclosure shall conform spatially and geometrically to the localized work areas, in order to perform its intended containment function. 1.3.1.88 Staging area - Either the holding area or some area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area. 1.3.1.89 Start date — The dates defined as: A. asbestos abatement start date — the date on which the disturbance of asbestos begins. B. demolition/renovation start date — the date on which the demolition or renovation process begins. 1.3.1.90 Stop date — the dates defined as: A. asbestos abatement stop date (completion date) — The date upon which air monitoring clearance of asbestos abatement has been achieved. Where air clearance is not required, such as roofing removal, the date upon which the removal of asbestos -containing material is complete. B. Demolition/renovation stop date — the date on which the demolition or renovation is complete. 1.3.1.91 Strip - To take off friable asbestos materials from any part of facility. 1.3.1.92 Structural Member - Any load -supporting member of a facility, such as beams and load -supporting walls or any non -load -supporting walls or any non -load -supporting member, such as ceilings and non -load -supporting walls. 1.3.1.93 Surfactant - A chemical wetting agent added to water to improve penetration. February -March 2024 Project Manual -12 1017 East 291h Street; Lubbock, Texas Asbestos Abatement 3.1.94 Survey — An activity undertaken in a school building, or a public and commercial building to determine the presence or location, or to access the condition of, friable or non -friable asbestos- containing building material (ACBM) or suspected ACBM, whether by visual or physical examination, or by collecting samples of such material. This term includes reinspection's of friable and non -friable known or assumed ACBM which has been previously identified. The term does not include the following: A. periodic surveillance of the type described in 40 CFR §763.92(b) solely for the purpose of recording or reporting a change in the condition of known or assumed ACBM. B. inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or C. visual inspections of the type described in 40 CFR §763.90(I) solely for the purpose of determining completion of response action. 1.3.1.95 TEM — Transmission Electron Microscopy. 1.3.1.96 Transportation of asbestos containing material (ACM) — Moving asbestos material from one site to another. 1.3.1.97 Visible Emissions - Any emissions containing particulate material that are visually detectable without the aid of instruments. This does not include condensed un- combined water vapor. 1.3.1.98 Waste Transfer Airlock - A decontamination system utilized for transferring containerized waste from inside to outside of the work area. 1.3.1.99 Wet Cleaning - The process of eliminating asbestos contamination from building surfaces and objects by using cloths, mops or other cleaning utensils which have been dampened with water and afterwards thoroughly decontaminated or disposed of as asbestos contaminated waste. 1.3.2 Work Area - Designated rooms, spaces, or areas of the project in which asbestos abatement actions are to be undertaken or which may become contaminated as a result of such abatement actions. A contained work area is a work area which has been sealed, plasticized, and equipped with a decontamination enclosure system. A non -contained work area is an isolated or controlled -access work area which has not been plasticized nor equipped with a decontamination enclosure system. 1.3.3 Worker Decontamination Enclosure - A decontamination system consisting of a clean room, a shower room and an equipment room separated from each other and from the work area airlocks and contained doorways. This system is used for all workers entering and exiting the work area and for equipment. 1.3.1.102 Working days — Monday through Friday including holidays which fall on those days. February -March 2024 Project Manual - 13 1017 East 29th Street; Lubbock, Texas �HAS$p, 1ii,. Asbestos Abatement `„ S . O9J' CP 1.4 Scope of Work 1.4.1 This specification covers the abatement of asbestos hazards from building structur components listed in 1.4.2. It is the intent of the Contract Documents to show al�,7tn work necessary to complete the project. `7!F _'f 0 1.4.1.1 Project schedule is as follows: Pre -Construction Meeting: First Day of Project Notification Date: In sufficient time to begin on selected start date. Bond and Insurance Submitted: To Consultant before start of project. Project Start Date: TBD Project Completion Date: 200 calendar days after start date. 1.4.2 NEHHAP demolition is to be performed for The City of Lubbock at the Former Coronado Apartment Complex located at 1017 East 29th Street in Lubbock, Texas. 1.4.3 A floor plan of the facility is located at the back of these specifications in Appendix A. 1.4.4 All submittal forms are located at the back of these specifications in Appendix B. 1.4.5 The work will consist of the removal of the following asbestos -containing materials: Site Demolition • Demolition of all structures on the project site is to be completed following NESHAP guidelines. All structures on the site are known to contain ACBM but have been determined by the City of Lubbock to be structurally unsound or unsafe. • Demolition of all other designated materials and items on the project site, as identified in the demolition specifications and bid documents. Note: No work may beciin until notice to proceed is given by_the building owner or his representative. No abatement procedures may begin unless the consultant manager is on site and is notified that work is about to begin. This includes all prep work. including arrival and stocking. This also includes all project tear down. FIRE RETARDANT POLY SHALL BE USED. All work must be done following all Federal, State and Local Regulations. Where a conflict exists between these specifications and/or regulations, the more stringent shall apply. The contractor and all workers are to be licensed by the State of Texas. All quantities are aS ,,Lrroximate and must be verified by the contractor during the walk rough. The abatement contractor is responsible for all sampling as required by OSHA and shall be made available to the project manager daily. The abatement contractor must give the project manager a letter stating exactly how this OSHA sampling is to be accomplished prior to the start of work. Negative exposure data will not be acceptable in lieu of personal OSHA sampling. February -March 2024 Project Manual -14 1017 East 29th Street; Lubbock, Texas p,. HAS.... �. Asbestos Abatement ` 'QG r� 1.4.2.1 Pre -abatement air sampling of the designated work area and the adjoining area if1 accomplished by the project manager/air monitor technician. The project m5pot monitoring technician has the express permission to conduct the final visudfinspection and to take the final clearance air samples. 1.4.2.1.1 The air monitoring scheme for this project shall be a minimum of the following: ♦ Base Line Samples — There shall be a minimum of 5 samples taken of each work area prior to the disturbance of ACM. There is to be a minimum 1250 liters taken at not over ten (10) liters per sample, these samples are to be archived for 60 days. When there are multiple work areas the base lines are to be taken just prior to starting in that work area. ♦ Prep Work Samples — There is to be a minimum of one (1) sample for each adjacent area and three (3) samples in the work area taken each day. These are to be taken at 4 to 5 liters collecting approximately 1250 liters per sample each. When feasible there should be a set of samples taken during the morning shift and the evening shift. The PM/AMT may use his desecration to vary from this sampling when a different sampling strategy will better serve representative sampling of the work progress. ♦ Ambient Samples — The following areas are the minimum requirements for ambient air samples, or work samples. Adjacent area, one (1) per area, negative pressure machines, at least one (1) in the negative air exhaust (if there is more than one machine, rotate the samples each time a new cassette or sample is started at each machine), a minimum number of samples to assure that all areas of the containment are being sampled during a work shift, care must be taken to assure that there are no dead spaces that are not sampled, one (1) at the bag -out area, one (1) at the decon exit. These samples are to be analyzed at the end of each shift. ♦ For all NESHAP work one (1) sample shall be taken down wind and one (1) sample up wind. When work is be conducted in an occupied building additional sampling is to be conducted within the occupied areas. Size of occupied area shall dictate the number of samples to be taken in these areas. A minimum of one (1) shall be taken with no more than three (3) total be taken unless instructed by the consultant. ♦ Aggressive Clearance Samples — If the samples are to be analyzed by PCM there is to be a minimum of five (5) samples taken inside containment; one (1) field blank and one (1) box blank taken at approximately 1250 liters per sample. If the samples are to be analyzed by TEM there are to be 5 samples taken inside, 5 samples taken outside, 1 box blank and 2 field blanks. ♦ The Project manager/Air monitor technician must remain on site while the final clearance samples are running unless access to the regulated area can be controlled. ♦ The project manager assigned to this project has express permission to conduct visual clearance and to take the above specified clearance sampling. All daily samples are to be taken using 25 mm cassettes with an 0.8 MCE filter. These samples are to be analyzed according to the NIOSH 7400 protocol, counting rules using a Phase Contract Microscope. Each day there are to be a minimum of two (2) field blanks or 10% of the total samples collected analyzed. Samples are to be analyzed at the end of each shift and results posted. Should the results of any outside samples be above the clearance level of 0.010 f/cc, work is to be suspended, and the consultant notified. All corrective action is to be documented. Should it be discovered that there has been a breech, the area where the breech occurred is to be completely cleaned using a HEPA vacuum and/or wet wipe. February -March 2024 Project Manual -15 1017 East 291h Street; Lubbock, Texas Asbestos Abatement These are the minimum air monitoring requirements. Should, during the course of the pro PM/AMT see the need for additional sampling they are to proceed and notify the Consume approval. 1.4.2.1.2 The contractor is responsible for all scaffolding used on the project and for the training required by OSHA of all employees including the PM/AMT on the project. This includes all rolling towers, platform scaffolding and all other ladders or scaffolding used on this project. The consultant accepts no responsibility, nor liability for the erection of any scaffolding, for the load limits of any scaffolding or for other safety issues involving any scaffolding or ladders used except those responsibilities to the Consultant's employees. All scaffolding is to be designed by a registered engineer and he is to stamp and sign this design and a copy of this is to be given to the Consultant. The Consultant is to be held harmless and is to indemnify from any legal action arising from any accident in connection with any scaffolding, rolling towers or ladders used on this project. 1.4.2.2 No pre -abatement work is to start until the project manager or consultant has approved all submittals required in these specifications. All submittals must be provided to the consultant or the PM/AMT no later than the pre -start meeting. 1.4.2.3 Pre -Abatement 1.4.2.3.1 The representative for The City of Lubbock must be notified as to the work schedule and warning signs as required in 3.1.1.1 of these specifications are to be posted. 1.4.2.3.2The contractor is responsible for securing the work area as specified in 1.8. The perimeter of the regulated work area must have barricades installed. 1.4.2.3.3 Pre -clean the work area using HEPA vacuum and/or wet wipes. 1.4.2.3.3Remove any furniture, fixtures and equipment from the work area and store as directed by the Owner. After all the work is complete all removed items are to be replaced in their original locations. 1.4.2.3.4Install critical barriers and seal all electrical outlets, vents, lights, other openings, and objects which cannot be disconnected or removed from the work area. 1.4.2.3.6 Set up containment as required in 3.1.1. 1.4.2.3.7 Set up worker decontamination enclosure system as required in 3.1.2. 1.4.2.3.8 Establish and mark emergency exits as required in 3.1.3.5. 1.4.2.3.9Install pressure differential ventilation equipment to provide an air change in the work area every 15 minutes. This ventilation system is to remain in operation until final air clearance is received. 1.4.2.3.10 A strip recorder will be used to measure the negative air pressure within containment and a complete copy of this is to be provided to the Consultant each day. A negative pressure of 0.02 inches H2O or greater is to be maintained at all times. 1.4.2.4 Abatement Activities 1.4.2.4.1 All HVAC and any other ventilation must be shut down and disconnected and locked -out and tagged -out when possible. 1.4.2.4.2Removal of asbestos containing material must be pre -wet with amended water and removed one section at a time. 1.4.2.4.3Contaminated material is to be bagged in small sections as it is removed. No buildup of debris is to occur on the floor. Bags must be washed and placed in a second bag when bagging out. Bagged material must be removed through the decon unit or through a bag out chamber. 1.4.2.4.4Work time shall be 7:00 A.M. to 5:00 P.M. Monday through Friday, unless prior arrangements are made with the Owner and the Consultant. The contractor shall work a minimum of eight -hour work shifts. A shift must not exceed 8 hours unless a previous arrangement has been made and approved by the project manager. If the contractor works beyond an 8-hour shift, he will be back charged for the PM/AMT time at a rate of time and a half for weekdays and double time for weekends. 1.4.2.4.5Contractor is to furnish the Project Manager with a work schedule showing the start time and stop time each day and projected completion date. February -March 2024 Project Manual -16 1017 East 29th Street; Lubbock, Texas Asbestos AbatementLp ,fT 1.4.2.4.6The Contractor will be back charged by the Owner for the Project Manager's time and,: expenses plus 10% when the Contractor fails to work within these scheduled wor h a due to late arrivals or no-shows. 1.4.2.4.7The Contractor will be back charged by the Owner for the Project Manaus time n :t`'`` expenses plus 10% for failure to have on -site his competent person, a required by OSHA and TAHPR, or failure to have adequate personnel or equipment. 1.4.2.4.8Charges for the Project Manager will be charged back to the Contractor by the Owner should the project not be completed on the date specified in the contract. NOTE: It is not the intent of the Owner to penalize the Contractor for unavoidable acts of God, but to confirm the intentions of the Owner's contract with the Contractor. It is the intent to ensure the Contractor will maintain an adequate workforce, equipment, and materials to complete this project in a timely and adequate manner as called for by the Contract and these specifications. Failure to meet the dates may be the cause of the implementation of the Liquidated Damage Clause of the contract. 1.4.2.4.9 Final inspection according to specifications. See Section 3.9 1.4.2.4.10Final air samples will be taken by the Project Manager. Samples shall be analyzed by PCM. Should this set fail the contractor will have to re -clean and a second set of samples taken. Expenses incurred for the collection of this set will be paid for by the contractor. 1.4.2.4.11 Disposal and transportation as per 3.10 of specification. 1.4.2.4.12 Complete documentation as per EPA requirements. 1.4.2.4.13 The required minimum work force for this project is to be a sufficient number of certified asbestos workers to complete this project as scheduled, the number of workers must be approved by the project manager, and there must be sufficient certified supervisors. The supervisor must be present at all times and must go into the containment at least 25% of the time. All workers on this project must have a current state asbestos license when applicable in hand as well as current certification and physical. No pending application for workers or supervisors will be acceptable. All workers must have current certification as required by AHERA, and a current state license. If the project manager feels that there are too many workers in the work area, he has the authority to remove any number of workers he deems adequate. No work may be conducted unless the Consultants Project Manager is present at the job site. 1.5 Description of Work 1.5.1 The work specified herein shall be the removal and disposal of asbestos -containing materials by competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos containing and asbestos contaminated materials and the subsequent cleaning of contaminated areas, who comply with all applicable Federal, State, and Local regulations and are capable of and willing to perform the work of this Contract. 1.5.2 The Contractor shall supply all labor, materials, services, insurance, permits and equipment necessary to carry out the work in accordance with all applicable Federal, State and Local regulations, and these specifications. The Contractor shall NOT be responsible for the TDSHS notification fee. This fee shall be the responsibility of the Building Owner. 1.5.3 The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Consultant and Owner harmless from loss on account hereof, except that the Owner shall be responsible for all such loss when a particular design process on the product of a particular manufacture or manufacturer is specified, but if the Contractor has reason to believe the design, process or product specified is an infringement of a patent the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 1.5.4 The Contractor is responsible for the grounds surrounding the buildings as well as the building itself during the removal time. If there is any damage to the property, any of it's furnishings, finishes or any other of the owner's property. If there is any damage to any of the proceedings the contractor shall pay full replacement cost. 1.5.4.1 If the Owner permits the Contractor to use any of the Owner's equipment, tools or facilities, such use will be gratuitous and the Contractor shall release the Owner from any February -March 2024 Project Manual -17 1017 East 291h Street; Lubbock, Texas Asbestos Abatement responsibility arising from claims for personal injuries, including death, arising out of the use of such equipment, tools, or facilities irrespective of the condition thereof or any negligence on the part of the Owner in permitting their use. 1.6 Applicable Standards and Guidelines 1.6.1 General Requirements 1.6.1.1 All work under this contract shall be done in strict accordance with all applicable Federal, State and Local regulations, standards and codes governing asbestos abatement and other trade work done in conjunction with the abatement. 1.6.1.2 The most current edition of any relevant regulation, standard, document, or code shall be in effect. Where conflict among the requirements or with these specifications exists the most stringent requirements shall be utilized. 1.6.1.3 Copies of all standards, regulations, codes. M.S.D. Sheets and other applicable documents, including this specification and those listed in Section 1.6.2 shall be available at the work site in the clean change area of the worker decontamination system. 1.6.2 Specific Requirements. 1.6.2.1 Occupational Safety and Health Administration (OSHA) 1.6.2.1.1 Title 29 Code of Federal Regulations, Section 1910,1001-General Industry Standard for Asbestos. 1.6.2.1.2 1926.1101, titled, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, Actinolite", October 11, 1994. 1.6.2.1.3 Title 29 Code of Federal Regulation, Section 1910, 134 General Industry Standard for Respiratory Protection. 1.6.2.1.4 4 Title 29 Code of Federal Regulations, Section 1926 Construction Industry. 1.6.2.1.5 Title 29 Code of Federal Regulations, Section 1910.2 Access to Employee Exposure and Medical Records. 1.6.2.1.6 Title 29 Code of Federal Regulations, Section 1910.1200 Hazard Communication. 1.6.2.2 Environmental Protection Agency (EPA) 1.6.2.2.1 Title 40 Code of Federal Regulations, Part 61, Subparts A and M (Revised Subpart B)- National Emission Standard for Asbestos. 1.6.2.2.2Title 40 CFR Part 61, Subpart G, 763.120-763.126 and Appendices A, C, D, and E titled Asbestos Abatement Projects: Worker Protection Rules" February 25, 1987. 1.6.2.2.3Title 40 CFR Part 763 Subpart E, 763.80-763.99, and Appendices A and B titled, Asbestos Containing Materials in Schools" (AHERA rules), July 1, 1992. Plan" February 3, 1994. 1.6.2.2.4Title 40 CFR Part 763 Subpart E, Appendix B, titled, Work Practices and Engineering Controls for Small Scale, Short Duration Operations Maintenance and Repair (O&M) Activities Involving ACM", July 1,1992. 1.6.2.2.5Title 40 CFR Part 763, Subpart E, Appendix D, titled, "Transport and Disposal of Asbestos Waste" July 1, 1993. 1.6.2.2.6Title 40 CFR Part 763, Subpart F, Appendix A, Section 1, Titled," Polarized Light Microscopy", July 1, 1992. 1.6.2.2.7Title 40 CFR Part 763, Subpart E, Appendix A, titled, "Transmission Electron Microscopy Analytic Methods", July 1, 1992. 1.6.2.2.8Title 49 CFR Chapter 1, Part 172, Appendix A, Subchapter C, October 1, 1992, and Title 49 CFR Chapter 1, Part 172, Appendix A, Subpart H, October 1, 1992. (The above regulations are required to be on the job site as required by the TDSHS (295.33). 1.7 Submittals and Notices 1.7.1 Contractor shall: 1.7.1.1 Prior to Commencement of Work: 1.7.1.1.1 All projects regardless of size must have a notification sent to the Texas Department of State Health Services (11) eleven working days prior to the start of the project. It is the responsibility of the abatement contractor to send this notification. The building owner is responsible for the permit fee that is required by the Texas Department of State Health Services unless there is a prior agreement with the owner. Provide the Building Owner and Consultant with a copy of the notification. February -March 2024 Project Manual -18 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 1.7.1.1.2Submit proof satisfactory to the Building Owner that required permits, license, site location and arrangements for transport and disposal of asbestos -containing waste materials have been made. Obtain and submit a copy of handling procedures and list of protective equipment utilized for asbestos disposal at the landfill, signed by the Landfill Owner (Required for all abatement projects). 1.7 1.1.3Submit documentation satisfactory to the Building Owner that the Contractor's employees, including foreman, supervisors and any other company personnel or agents who may be exposed to airborne asbestos fibers or who may be responsible for any aspects of abatement activities, have received adequate training that includes, at a minimum, information in Part 4, Section 4.1 of this document. 1.7.1.1.4Submit documentation from a physician that all employees or agents who may be exposed to airborne asbestos in excess of background level have been provided with an opportunity to be medically monitored to determine whether they are physically capable of working while wearing the respirator required without suffering adverse health effects. In addition, document that personnel have received medical monitoring as required in OSHA 29 CFR 1910.1001. The Contractor must be aware of and provide information to the examining physician about unusual conditions in the workplace environment (e.g., high temperatures, humidity, chemical contaminant) that may impact on the employee's ability to perform work activities. 1.7.1.1.5Contractor should, after inspection of job site, submit in writing to the Owner any existing damage found. 1.7.1.1.6Spray glue shall not be applied to any walls, doors, or any other finished surface within any building. Damage caused by any spray glue is the sole responsibility of the abatement contractor and must be cleaned prior to leaving the project. If the contractor does not do so the owner will have the spray glue removed and back charge the contractor. Where splash guards are attached to a finished surface it is recommended that the contractor use 3M no stick blue tape. The abatement contractor shall repair any damage to any finished surface caused by his work. Where painting is required, it shall be the entire area damaged, i.e., if it is a wall, it shall be painted corner to corner, floor to ceiling. If the paint cannot be matched at the owners request the entire room or units, i.e., doors etc. must be painted in a color selected by the owner. The abatement contractor shall also exercise caution and common sense when removing any cove base and make sure that there is no damage to the walls. Any damage caused by removal of the cove base shall be repaired at the abatement contractor's expense. 1.7.1.1.7Any damage other than as listed in 1.7.1.1.6 that is caused to the building or any building components or building furnishings shall be repaired at the abatement contractor's expense. 1.7.1.1.8Submit manufacturer's certification that the HEPA vacuum, negative pressure ventilation units and other local exhaust ventilation equipment conform to ANSI 29,2-79. 1.7.1.1.9Document NIOSH approvals for all respiratory protective devices utilized on the site. Include manufacturer certification of HEPA filtration capabilities for all cartridges and filters. 1.7.1.1.10 Submit documentation of respirator fit testing for all Contractor employees and agents who must enter the work area. This fit testing shall be in accordance with qualitative procedures as detailed in the OSHA Standard 29 CFR 1910.1025 Appendix D Qualitative Fit Text Protocol or be quantitative in nature. 1.7.1.2 Submit copies of all M.S.D. sheets for all products that are to be used on the project. Copies of these sheets must be kept in a notebook at the job site. 1.7.1.1.9.1 Submit documentation of your company's Hazard Communication Program. 1.7.1.2 During Abatement Activities: 1.7.1.2.1 Submit copies of all transport manifests, trip tickets and disposal receipts for all asbestos waste materials removed from the work area during the abatement process to the building owner or his representative. 1.7.1.2.2Submit daily copies of work site entry logbooks with information on worker and visitor access. February -March 2024 Project Manual -19 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 1.7.1.2.3Submit logs documenting filter changes on respirators, HEPA vacuums, negative pressure ventilation units, and other engineering controls. 1.7.1.2.4Submit results of materials testing conducted during abatement activities (e.g., testing of encapsulant for depth of penetration, testing of substitute materials for adherence to encapsulated surfaces). 17.1.2.5 Post in the clean room area of the worker decontamination enclosure a list containing the names, addresses, and telephone numbers of the Contractor, the Building Owner, the Asbestos Project Officer, The General Superintendent, the Air Sampling Professionals, the Testing laboratory and any other personnel who may be required to assist during abatement activities (e.g. Safety Officer, Building Maintenance Supervisor, Energy Conservation Officer). 1,7.1.2.6 The contractor shall certify in writing that no materials used in the work contain lead or asbestos materials in them in excess of amounts allowed by Local/State standards, laws, codes, rules and regulations; the Federal Environmental Protection Agency (EPA) standards and/or the Federal Occupational Safety and Health Administration (OSHA) standards, whichever is most restrictive. The Contractor shall provide this written certification as part of his submittals under Section 1.7 of the specifications. 1.7.2 Owner Shall: 1.7.2.1 Prior to Commencement of Work: 1.7.2.1.1 Notify occupants of work areas that may be disrupted by the abatement of project dates and requirements for relocation. Arrangements must be made prior to start, for relocation of desks, files, equipment, and personal possessions to avoid unauthorized access into the work area. 1.7.2.1.2Document that Owner's employees who will be required to enter the work area during abatement have received training equal to that detailed in Part 4, Section 4.1. (This training may be provided by the Contractor's or the Owner's training consultant at the Owner's discretion). 1.7.2.2 During Abatement 1.7.2.2.1 Submit to the Contractor, results of bulk material analysis and air sampling data collected during the course of the abatement. 1.7.2.2.2The Contractor will be responsible for personal air monitoring as required by OSHA for his employees. 1.7.2.2.3The Owner will be responsible for furnishing an Asbestos Consultant. The Consultant may assign some on -site duties to a Project Manager/Air Monitoring Professional. This Project Manager/Air monitor technician will be in charge of all air monitoring as required by the Owner. The Project Manager will have the authority to stop work at any time he feels it necessary, because of the failure of the Contractor to follow these specifications or regulations. Any unsafe conditions that result in any accident or injury shall be the responsibility of the contractor and said contractor shall hold the owner and the consultant harmless from any legal proceeding or claims. The Project Manager/Air monitor technician shall be responsible for the final visual inspection and for the taking of the final clearance air sample and said responsibilities have been granted to the Project Manager/Air Monitor Technician by the consultant. 1.7.2.2.4The Project Manager/Air monitor technician shall be responsible for the final visual inspection and for the taking of the final clearance air samples. 1.7.3 Construction Contractor Shall: 1.7.3.1 Prior to Commencement of Work: 1.7.3.2 The construction contractor shall certify in writing that no materials used in the work contain lead or asbestos materials in them in excess of amounts allowed by Local/State standards, laws, codes, rules and regulations; the Federal Environmental Protection Agency (EPA) standards and/or the Federal Occupational Safety and Health Administration (OSHA) standards, whichever is most restrictive. The Contractor shall provide this written certification as part of his submittals under Section 1.7 of the specifications. February -March 2024 Project Manual - 20 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 1.8 Site Security 1.8.1 The work area is to be restricted to authorized, trained, and protected personnel only. These may include the Contractor's employees, employees of Subcontractors, Owner employees and representatives, State and Local inspectors and any other designated individuals. A list of authorized personnel shall be established prior to job start and posted in the clean room of the worker decontamination facility. 1.8.1.1 Entry into the work area by unauthorized individuals shall be reported immediately to the Building Owner and the project manager by the Contractor. 1.8.1.2 In addition to the above logbook, each worker or each licensee on the project must keep a daily record of his or her activities (TDSHS Regulations 295.58 (d)). 1.8.1.3 A Logbook shall be maintained in the clean -room area of the worker decontamination system. Anyone who enters the work area must record their name, affiliation, time in and time out for each entry. 1.8.1.4 Access to the work area shall be through a single worker decontamination system located at (designated location at the work site). All other means of access (Doors, windows, hallways, etc.) shall be blocked or locked so as to prevent entry to or exit from the work area. The only exceptions to this rule are the waste pass -out airlock which shall be sealed except during the removal of containerized asbestos waste from the work area, and emergency exits in the case of fire or accident. Emergency exits shall NOT be locked from the inside; however, they shall be sealed with polyethylene sheeting and tape until needed. Emergency exits shall have a sign and be clearly marked. 1.8.1.5 Contractors should have control of site security during abatement operations, in order to protect work efforts and equipment. 1.8.1.6 Contractor will have Owner's assistance in notifying building occupants of impending activity and enforcement of restricted access by Owner's employees. 1.9 Emergency Planning 1.9.1 Emergency planning shall be developed prior to abatement initiation and agreed to by Contractor and Owner. 1.9.1.1 Emergency procedures shall be in written form and prominently posted in the clean change area and equipment room of the worker decontamination area. Everyone, prior to entering the work area, must read and sign these procedures to acknowledge receipt and understanding of work site layout, location of emergency exits and emergency procedures. 1.9.1.2 Emergency planning shall include written notification for police, fire and emergency medical personnel of planned abatement activities, work schedule and layout of work area, particularly that which may affect response capabilities. 1.9.1.3 Emergency planning shall include considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, scaffolding, eye protection, confined spaces, and heat related injury. Written procedures shall be developed and employee training in procedures shall be provided. Daily safety meetings in accordance with OSHA are the responsibility of the contractor. 1.9.1.4 Employees shall be trained in evacuation procedures in the event of workplace emergencies. 1.9.1.4 For non -life -threatening situations, employees injured or otherwise incapacitated shall decontaminate following normal procedures with assistance from fellow workers, if necessary, before exiting the workplace to obtain proper medical treatment. 1.9.1.5 For life -threatening injury or illness, worker decontamination shall take least priority after measures to stabilize the injured worker, remove him from the workplace and secure proper medical treatment. 1.9.1.6 The telephone numbers of all emergency response personnel shall be prominently posted in the clean change area and equipment room, along with the location of the nearest telephone. 1.9.1.7 There must be a telephone available for emergency use at all times. If the owner does not have one on site, the contractor must provide one at his expense. February -March 2024 Project Manual - 21 1017 East 291h Street; Lubbock, Texas Asbestos Abatement 1.10 Pre -Start Meeting 1.10.1 The successful Proposer shall attend a pre -start job meeting. Attending this meeting will be representatives of the Owner and the Owner's agents along with testing/monitoring personnel (e.g., Asbestos Project Manager, Air sampling Professional) who will actually participate in the Owner's testing/monitoring program. 1.10.1.1 The Contractor and supervisory personnel who will provide on -site direction of the abatement activities must attend. 1.10.1.2 At this meeting, the Contractor shall provide all submittals as required in Section 1.7. Failure to do this will result in the Contract being awarded to the next qualified Proposer. In addition, he shall be prepared to provide detailed information concerning: 1.10.1.3 Preparation of work area. 1.10.1.4 Personnel protective equipment including respiratory protection and protective clothing. 1.10.1.5 Employees who will participate in the project, including delineation of experience, training, and assigned responsibilities during the project. 1.10.1.6 Decontamination procedures for personnel, work area and equipment. 1.10.1.7 Abatement methods and procedures to be utilized. 1.10.1.8 OSHA Required air monitoring procedures. 1.10.1.9 Procedures for handling and disposing of waste materials. 1.10.1.10 Procedures for final decontamination and cleanup. 1.10.1.11 A sequence of work and performance schedule. 1.10.1.12 Procedures for dealing with heat stress. 1.10.1.13 Emergency procedures. 1.10.1.14Items that MUST be presented at the pre -start meeting are; Performance and Payment Bond, if required, Insurance Certifications as required in 1.1, asbestos workers certifications, physicals and required State license for those workers to work on this project only, logs documenting filter changes in respirators, HEPA vacuum and negative pressure ventilation units as required in 1.7, and work schedule. Failure to have this material ready at the pre -start meeting could result in the project being awarded to the next person who submitted a Bid. 1.10.1.15The contractor shall submit the name of the project supervisor, (THIS SUPERVISOR CANNOT BE REPLACED WITHOUT PRIOR NOTIFICATION AND APPROVAL OF THE PROJECT MANAGER). The project supervisor is to be present at all times and spend 25% of his time in containment. He is to see that there is someone to maintain the containment at all times. It is his responsibility to ensure that all TDSHS, EPA, OSHA and the project specifications are followed at all times. He is to report any failure to do so to the Consultants Project Manager immediately. PART 2 MATERIAL AND EQUIPMENT 2.1 Materials 2.1.1 General (All abatement projects) 2.1.1.1 Deliver all materials in the original packages, containers or bundles bearing the name of the manufacturer and the brand name. 2.1.1.2 Store all materials subject to damage off the ground away from wet or damp surfaces and under cover sufficient enough to prevent damage or contamination. Replacement materials shall be stored outside of the work area until abatement is completed. 2.1.1.3 Damaged, deteriorating or previously used materials shall not be used and shall be removed from the work site and disposed of properly. 2.1.1.4 Polyethylene sheeting for walls and stationary objects shall be a minimum of 4-mil thick. For floors and all other uses sheeting of at least 6-mil thickness shall be used in widths selected to minimize the frequency of joints. All poly is to be fire retardant. 2.1.1.5 Method of attaching polyethylene sheeting shall be agreed upon in advance by the Contractor and Building Owner and selected to minimize damage to equipment and surfaces. Method of attachment may include any combination of duct tape or other waterproof tape, furring strips, spray glue, staples, nails, screws, or other effective procedures capable of sealing polyethylene to dissimilar finished or unfinished surfaces under both wet and dry conditions (including the use of amended water). February -March 2024 Project Manual - 22 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 2.1.1.6 Polyethylene sheeting utilized for worker decontamination enclosure shall be opaque white or black in color. 2.1.1.7 Sufficient protection should be placed under scaffold legs, ladders, or other equipment to prevent damage to any building components, equipment, or furnishings. 2.1.1.8 Disposal bags shall be of 6-mil polyethylene, pre- printed with labels as required by EPA regulation 40 CFR 61. 152 (b) (i) (iv) or OSHA requirement 29 CFR 1910.1001 (g) (2) (ii). 2.1.1.9 Disposal drums shall be metal or fiberboard with locking ring tops. 2.1.1.10 Stick -on labels as per EPA or OSHA requirements (see 2.1.1.8) for disposal drums, bags or wrapped ACM. 2.1.1.11 Warning signs and generator identification labels as required by TAHPR and OSHA. 2.1.2 Removal 2.1.2.1 Surfactant (wetting agent) shall be a 50/50 mixture of polyoxyethlyene ether and polyoxyethylene ester, or equivalent, mixed in a proportion of 1 fluid ounce to 5 gallons of water or as specified by manufacturer. (An equivalent surfactant shall be understood to mean a material with a surface tension of 29 dynes/cm as tested in its properly mixed concentration using ASTM method D1331-56- "Surface and Interfacial Tension of Solutions of Surface -Active Agents"). 2.1.2.2 After removal, a lock down spray must be used to contain any fiber remaining imbedded in the substrate. Care must be taken to cover the entire work area completely. 2.1.2.3 Additional materials as necessary for removal, as specified in 2.1.2. 2.2 Equipment 2.2.1 General 2.2.1.1 A sufficient quantity of negative pressure ventilation units equipped with HEPA filtration and operated in accordance with ANSI 29.2.79 (local exhaust ventilation requirements) and EPA guidance document EPA 560/5-83-002 Guidance for controlling Friable Asbestos -Containing Materials in Building Appendix F: Recommended Specifications and Operating Procedures for the Use of Negative Pressure Systems for Asbestos Abatement shall be utilized so as to provide a minimum of one work place AIR CHANGE EVERY 15 MINUTES. A pressure differential of 0.02 in. H2O as measured with a recording manometer. To calculate total air flow requirement: Total ft.3 /min=Vol. of work area (in ft.3) To calculate the number of units needed for the abatement: Number of units needed= (total cu. ft./min.) (capacity of unit (use 80% of rated capacity) in cu. ft./min.). If air -supplied respirators are utilized, estimate the volume of supplied air, and add to workplace air volume when calculating ventilation requirements. For small enclosures and glove bags, an HEPA filtered vacuum system may be utilized to provide negative air pressure. 2.2.1.2 Type "C" air supplied respirators in positive pressure or pressure demand mode with full face piece and HEPA filtered disconnect protection are recommended by the U.S. EPA for all full shift abatement work until the successful completion of final clearance air monitoring. Powered air purifying respirators equipped with HEPA filters and full -face pieces of respirators with a higher NIOSH assigned protection factor may be used for inspection or repair work for less than 1 hour duration per day. A sufficient supply of charged replacement batteries and filters and a flow test meter shall be available in the clean change area for use with powered air purifying respirators. Half Mask respirators with dual high -efficiency (HEPA) filters may be utilized during work area preparation activities if approved by the Consultant. (See Section 3.4.1.2.) Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear full - face piece respirators. Respirators shall be provided that have been tested and approved by the National Institute of Occupational Safety and Health for use in asbestos contaminated atmospheres with air volumes and pressures to accommodate respirator manufacturer's specifications. The compressed air systems shall have a receiver of adequate capacity to allow escape of all respirator wearers from contaminated areas in the event of compressor failure. Manufacturer approved emergency egress filters must be in place on each face piece. Compressors must meet the requirements of 29 CFR February -March 2024 Project Manual - 23 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 1910.134 (d). Compressors must have an in -line carbon monoxide monitor and an audible alarm and periodic inspection of the carbon monoxide monitor must be evidenced. Documentation of adequacy of compressed air systems/respiratory protection system must be retained on site. This documentation will include a list of compatible components with the maximum number and type of respirators that may be used with the system. Periodic testing of compressed air shall ensure that systems provide air of sufficient quality (Grade D breathing air as described in Compressed Gas Association Commodity Specifications G-7.1). 2.2.1.3 Full body disposable protective clothing, including head, body, and foot covering (unless using footwear as described in 2.2.1.5) consisting of material impenetrable by asbestos fibers (Tyvek R or equivalent) shall be provided to all workers and authorized visitors in sizes adequate to accommodate movement without tearing. 2.2.1.4 Additional safety equipment (e.g. hard hats, meeting the requirements of ANSI Standard Z89.1-1981, eye protection, meeting the requirements of ANSI Standard Z87.2-1979, safety shoes, meeting the requirement of ANSI Standard Z41.1-1067, disposable PVC gloves), as necessary shall be provided to all workers and authorized visitors. 2.2.1.5 Non -Skid footwear shall be provided to all abatement workers. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. 2.2.1.6 A sufficient supply of disposable mops, rags and sponges for work area decontamination shall be available. 2.2.2 Removal 2.2.2.1 A sufficient supply of scaffolds, ladders, lifts, and hand tools (e.g., scrapers, wire cutters, brushes, utility knives, wire saws, etc.) shall be provided as needed. The use of all ladders and scaffolding must be in strict adherence with OSHA regulations. Scaffolding: The contractor is responsible for all scaffolding used on the project and for the training required by OSHA of all employees and the PM/AMT on the project. This includes all rolling towers, platform scaffolding, man lifts and all other ladders or scaffolding used on this project. The consultant accepts no responsibility or liability for the erection of any scaffolding, for the load limits of any scaffolding or for other safety issues involving any scaffolding or ladders used on this project. All scaffolding must be erected by a scaffolding company that has been in business for a minimum of three years. All scaffolding that is erected is to be designed by a licensed engineer and a signed, stamped copy of his approval must be given to the building owner or his representative. No work on the scaffolding may begin until this has been done. The consultant shall be held harmless and indemnity against any accident or legal action resulting from this scaffolding. 2.2.2.2 Sprayers with pumps capable of providing 500 pounds per square inch (psi) at the nozzle tip at a flow rate of 2 gallons per minute for spraying amended water. 2.2.2.3 Rubber dustpans and rubber squeegees shall be provided for cleanup. 2.2.2.4 Brushes utilized for removing loose asbestos -containing material shall have nylon or fiber bristles, not metal. 2.2.2.5 A sufficient supply of HEPA filtered vacuum systems shall be available during cleanup. 2.2.3 Enclosures 2.23.1 Hand tools equipped with HEPA filtered local exhaust ventilation shall be utilized during the installation of enclosures and supports if there is any need to disturb asbestos - containing materials during this process. 2.3 Substitutions 2.3.1 Approval Required: 2.3.1.1 The Contract is based on the materials, equipment and methods described in the Contract Documents. 2.3.1.2 The Building Owner will consider Bids for substitutions of materials, equipment, and methods only when such Bids are accompanied by full and complete technical data and all other information required by the Owner to evaluate the proposed substitution. Any February -March 2024 Project Manual - 24 1017 East 29th Street; Lubbock, Texas Asbestos Abatement substitution request is to be submitted through the Consultants Project Manager for approval. 2.3.1.3 Do not substitute materials, equipment, or methods unless such substitution has been specifically approved for this work by the Building Owner and Consultant. 2.3.2 "Or equal": 2.3.2.1 Where the phrase " or equal" or "or equal as approved by the Owner" occurs in the Contract Document, do not assume that materials, equipment, or methods will be approved by the Owner unless the item has been specifically approved for the work by the Owner and Consultant 2.3.2.2 The decision of the Owner or his representative shall be final. PART 3 EXECUTION 3.1 Preparation 3.1.1 Work Area (The contractor shall not work in more than one containment at a time with out prior approval from the Consultant) 3.1.1.1 Post signs meeting the specifications of TAHPR and OSHA in English and Spanish at any location and approaches to a location where airborne concentrations of asbestos may exceed ambient background levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs may need to be posted following the construction of workplace enclosure barriers. 3.1.1.2 Ensure safe installation (including ground faulting) of temporary power sources and equipment by compliance with all applicable electrical code requirements and OSHA requirements for temporary electrical systems. Contractors shall connect to the existing Owner system using only licensed tradesmen and in accordance with all State and local regulations and building codes. All cost for electricity shall be paid for by the Owner. less otherwise specified. If Owners electrical source is inadequate, the Contract. shall provide alternate electrical power at the Contractor's expense. Tying in of contractors panel to existing electrical panel shall be done by a licensed electrical contractor and shall be paid for by the contractor. 3.1.1.3 Shut down and lock out and tag -out all heating, ventilation, and air conditioning system (HVAC) components that are in, supply or pass through the work area. (Note: Interiors of existing ductwork may require decontamination. This may be done during the pre - cleaning phase of operations before the ductwork is sealed off or during the final cleaning phase prior to re -engagement of the system. Appropriate equipment and control measures shall be utilized to prevent contamination of building spaces during this operation. Adequate cleaning of ductwork may sometimes be accomplished by drawing high volumes of air through the system using the HEPA filtered negative pressure ventilation units) Investigate the work area and agree on pre -abatement condition with the Building Owner. Seal all intake and exhaust vents in the work area with tape and E- mil polyethylene. Also seal any seams in system components that pass through the work area. Remove all HVAC filters and place in labeled 6-mil polyethylene bags for staging and eventual disposal as asbestos -contaminated waste. 3.1.1.4 The Contractor shall provide sanitary facilities for abatement personnel outside of the enclosed work area and maintain them in a clean and sanitary condition throughout the project. If facilities are not available for use from the Owner, the Contractor shall provide temporary facilities at the Contractors expense. These facilities must meet OSHA's minimum standard. 3.1.1.5 The Owner will provide water for construction purposes. Contractors shall connect to the existing Owner system using only licensed tradesmen and in accordance with all State and local regulations and building codes. 3.1.1.6 Pre -clean all movable objects within the work area using a HEPA filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects shall be removed from the work area and carefully stored in an uncontaminated location. (Carpeting, drapes, clothing, upholstered furniture, and other fabric items may be disposed of as asbestos contaminated waste or cleaned as asbestos contaminated items utilizing HEPA vacuum techniques and off- premises steam cleaning. Since adequate cleaning of February -March 2024 Project Manual - 25 1017 East 29th Street; Lubbock, Texas Asbestos Abatement severely contaminated fabric is difficult, the Building Owner or Consultant must carefully consider whether this option is appropriate. After abatement, all moved items are to be replaced in their original location. 3.1.1.7 Pre -clean all fixed objects in the work area using HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where access may be difficult. After pre -cleaning, enclose fixed objects in 4-mil polyethylene sheeting and seal securely in place with tape. 3.1.1.8 Pre -clean all surfaces in the work area using HEPA filtered vacuums and/or wet cleaning methods as appropriate. Do not use any methods that would raise dust such as dry sweeping or vacuuming with equipment not equipped with HEPA filters. Do not disturb asbestos -containing materials during the pre -cleaning phase. 3.1.1.8.1 Seal off all windows, doorways, elevator opening, corridor entrances, drains, ducts, grills, grates, diffusers skylights and any other openings between the work area and uncontaminated areas outside of the work area (including the outside of the building, tunnels and crawl spaces) with 6-mil polyethylene sheeting and tape (see Section 3.1.4- Isolation work area from occupied areas). 3.1.1.10 Cover floors in the work area with polyethylene. 3.1.1.10.1.1 The floor shall be covered with two layers of 6-mil (minimum) sheeting. Both layers shall extend up the wall a minimum of 12" under the wall poly. Additional layers of sheeting may be utilized as drop cloths to aid in cleanup of bulk materials. All poly is to be fire retardant. 3.1.1.10.2Plastic shall be sized to minimize seams. If the floor area necessitates seams, those on successive layers of sheeting shall be staggered to reduce the potential for water to penetrate to the flooring material. Do NOT locate any seams at wall/floor joints. 3.1.1.10.3 Floor sheeting shall extend a minimum of 12" up the side walls of the work area. 3.1.1.10.3Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of material. (Vinyl sheeting may be used for improved traction on floors). 3.1.1.11 Walls shall be covered with a minimum of two layers of 4-mil polyethylene sheeting. All poly is to be fire retardant. 3.1.1.12 For the removal of floor tile and or mastic only all critical barriers shall be installed. There shall be a four -foot splash guard of 6 mil poly placed on all walls in lieu of full containment. Negative pressure and full decon is required. 3.1.1.12.1 Plastic shall be sized to minimize seams. Seams shall be staggered and separated by a distance of at least 6 feet. 3.1.1.12.2Wall sheeting shall overlap floor sheeting by at least 12 inches beyond the wall/floor joint to provide a better seal against water damage and for negative pressure. 3.1.1.12.3Wall sheeting shall be secured adequately to prevent it from falling away from the walls. This will require additional support attachment when negative pressure ventilation systems are utilized. (Note: See Section 2.1.1.5.) 3.1.1.12.41-ower utilities as necessary and re -install in a manner which permits proper utilization and does not disturb the integrity of the enclosure. Utility maintenance should not require the enclosure to be opened or disturbed. (If it does, an alternative abatement strategy is indicated.) 3.1.2 Worker Decontamination Enclosure Systems 3.1.2.1 Worker decontamination enclosure systems shall be provided at all locations where workers will enter or exit the work area. One system at a single location for each contained work area is preferred. These systems may consist of existing rooms outside of the work area, if the layout is appropriate, that can be enclosed in plastic sheeting and are accessible from the work area. When this situation does not exist, enclosure systems may be constructed out of metal, wood, or plastic support as appropriate. 3.1.2.2 Plans for construction, including materials and layout, shall be submitted as shop drawings, and approved, in writing or verbally by the Building Owner or his representative prior to work initiation. Worker decontamination enclosure systems constructed at the work site shall utilize 6-mil opaque black or white polyethylene sheeting or other acceptable materials for privacy. February -March 2024 Project Manual - 26 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 3.1.2.3 The worker decontamination enclosure system shall consist of at least one clean room, a shower room, and an equipment room, each separated from each other and from the work area by airlock. 3.1.2.4 Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through curtained doorways consisting of two sheets of overlapping polyethylene sheeting. One sheet shall be secured at the top and left side, the other sheet at the top and right side. Both sheets shall have weights attached to the bottom to ensure that they hang straight and maintain a seal over the doorway when not in use. Doorway design, providing equivalent protection and acceptable to the Building Owner may be utilized. 3.1.2.5 Access between any two rooms in the decontamination enclosure system shall be through an airlock with at least 3 feet separating each curtained doorway. Pathways into (from clean to contaminated) and out from (contaminated to clean) the work area shall be clearly designated. 3.1.2.6 A clean room shall be sized to adequately accommodate the work crew. Benches shall be provided as well as hooks for hanging up street clothes. (Lockers may be provided for valuables, however, workers may be requested to secure valuables in their cars) Shelves for storing respirators shall also be provided in this area. Clean disposable clothing, replacement filters for respirators, towels and other necessary items shall be provided in adequate supply in the clean room. A location for posting shall also be provided in this area. Whenever possible, a lockable door shall be used to permit access into the clean room from outside the work area. Lighting, heat, and electricity shall be provided as necessary for comfort. This space shall not be used for storage of tools, equipment, or materials, (except as specifically designated) or as office space. 3.1.2.7 The shower room shall contain showers sufficient to meet OSHA minimum standards. Each showerhead shall be supplied with hot and cold water adjustable at the tap. The shower enclosure shall be constructed to ensure against leakage of any kind. An adequate supply of soap, shampoo and towels shall be supplied by the Contractor and available at all times. Shower water shall be drained, collected, and filtered through a system with at least 5-micron particle size collection capability. (Note: A system containing a series of several filters with progressively smaller pore sizes is recommended to avoid rapid clogging of filtration system by large particles. 3.1.2.8 The equipment room shall be used for storage of equipment and tools at the end of a shift after they have been decontaminated using a HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Replacement filters (in sealed containers until used) for HEPA vacuums and negative pressure ventilation equipment, extra tools, containers of surfactant and other materials and equipment that may be required during the abatement may also be stored here as needed. A drum lined with a labeled 6-mil polyethylene bag for collection of disposable clothing shall be located in this room. Contaminated footwear (e.g., rubber boots, other reusable footwear) shall be stored in this area for reuse the following workday. 3.1.3 Waste container pass -out airlock (usually required only on large jobs) and emergency exits. 3.1.3.1 The waste container pass -out airlock shall be constructed at some location away from the worker decontamination enclosure system. Wherever possible, this shall be located where there is direct access from the work area to the outside of the building. 3.1.3.2 This airlock system shall consist of an airlock, a container staging area, and another airlock with access to outside the work area. 3.1.3.3 The waste container pass -out airlock shall be constructed in a similar fashion to the worker decontamination enclosure system using materials and airlock and curtain doorway design. 3.1.3.4 This airlock system SHALL NOT be used to enter or exit the work site. 3.1.3.5 Emergency exits shall be established and clearly marked with duct tape arrows or other effective designations to permit easy location from anywhere within the work area. They shall be secured to prevent access to uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed with polyethylene sheeting which can be cut February -March 2024 Project Manual - 27 1017 East 29th Street; Lubbock, Texas Asbestos Abatement to permit egress if needed. These exits may be the worker decontamination enclosure, the waste pass -out airlock and/or other alternative exits satisfactory to fire officials. 3.1.4 Barriers and Isolation of the Work Area. 3.1.4.1 The contaminated work area shall be separated from uncontaminated occupied areas of the building by the construction of airtight barriers. (Building Owner must clearly identify all areas that will be occupied.) 3.1.4.2 Walls shall be constructed of wood or metal framing to support barriers in all openings larger than 4'x8'. 3.1.4.3 A sheeting material (plywood, drywall) of at least 3/8" thickness shall be applied to the work side of the barrier. 3.1.4.4 Cover both sides of partition with a double layer of 6-mil polyethylene sheeting with staggered joints and seal in place. 3.1.4.5 Caulk edges of partition at floor, ceiling, walls, and fixtures to form an airtight seal. 3.1.5 Maintenance of workplace barriers and worker decontamination enclosure systems. 3.1.5.1 Following completion of the construction of all polyethylene barriers and decontamination system enclosures, allow overnight settling to ensure that barriers will remain intact and secured to walls and fixtures before beginning actual abatement activities. No abatement work may begin until approval of the containment has been received from the project manager. No work may be preformed unless the project manager has been notified and is on sire. 3.1.5.2 All polyethylene barriers inside the workplace, in the worker decontamination enclosure system, in the waste container pass -out airlock and at partitions constructed to isolate the work area from occupied area shall be inspected at least twice daily, prior to the start of each day's abatement activities and following the completion of the day's abatement activities. Document inspections and observations in the daily project log. 3.1.5.3 Damage and defects in the enclosure system are to be repaired immediately upon discovery. 3.1.5.4 Use smoke tubes to test the effectiveness of the barrier system when directed by the Building Owner. 3.1.5.5 At any time during the abatement activities after barriers have been erected, if visible material is observed outside of the work area or if damage occurs to barriers, work shall immediately stop, repairs be made to barriers, and debris/residue cleaned up using appropriate HEPA vacuuming and wet mopping procedures. 3.1.5.6 If air samples collected outside of the work area during abatement activities indicate airborne fiber concentrations 0.01 f/cc or greater, or per -measured background levels (which is lower) work shall immediately stop for inspection and repair of barriers. Cleanup of surfaces outside of the work area using HEPA vacuum or wet cleaning techniques may be necessary. 3.1.5.7 Install and initiate operation of air filtration equipment as needed to provide one air change in the work area every 15 minutes. (See Section 2.2.1.1) Enough exhaust air must be vented through a HEPA filter to maintain a lower air pressure within the enclosure system than the outside air pressure. Openings made in the enclosure system to accommodate these units shall be made airtight with tape and/or caulking as needed. If more than one unit is vented to the outside, they should be turned on 1 at a time, checking the integrity of wall barriers for secure attachments and need for additional reinforcements. Ensure that adequate power supply is available to satisfy the requirements of the air filtration equipment. Air filtration equipment shall be exhausted to the outside of the building wherever feasible. They shall not be exhausted into occupied areas of the building. A twelve -inch expansion duct shall be used to reach from the work area to the outside when required. Careful installation, air monitoring and daily inspections shall be done to ensure that the duct does not release fibers into uncontaminated building areas. 3.1.6 Establishing Emergency Exits 3.1.6.1 Emergency exits shall be established and clearly marked with duct tape arrows or other effective designations to permit easy location from anywhere within the work area. They shall be secured to prevent access to uncontaminated areas and still permit emergency February -March 2024 Project Manual - 28 1017 East 29th Street; Lubbock, Texas Asbestos Abatement exiting. These exits shall be properly sealed with polyethylene sheeting which can be cut to permit egress if needed. These exits may be the worker decontamination enclosure, the waste pass -out airlock and/or other alternative exits satisfactory to fire officials. 3.1.7 Removing and Cleaning Fixtures 3.1.7.1 Remove, clean, and enclose in polyethylene the ceiling mounted objects such as lights and other items that may interfere with the abatement process and were not previously cleaned and sealed off. Utilize localized spraying of amended water and/or HEPA vacuum to reduce fiber dispersal during the removal of these fixtures. 3.1.8 Removal of building structural components, not used. 3.1.8.1 All building structural components that can be removed are to be cleaned and moved to a secure storage area prior to abatement. After abatement is complete all components are to be replaced in original location and condition. 3.1.9 Commencement of work shall not occur until: 3.1.9.1 No abatement work is to start until the Owners Project Manager has given his approval and all of section 3.1.10 has been completed. In addition, no work shall be performed without first notifying the consultant's project manager that work is about to commence. No work may be preformed unless the consultant's project manager is on site. 3.1.10 Enclosure systems approval 3.1.10.1 Negative pressure ventilation systems are functioning adequately, and negative pressure is a minimum .02-inch water column on the manometer. 3.1.10.2All pre -abatement submissions, notification, posting and permits have been provided and are satisfactory to the Building Owner (see Section 1.7). 3.1.10.3 All equipment for abatement, clean-up and disposal is on hand. 3.1.10.4 All worker training (and certification) is completed. 3.1.10.5 Contractor receives written permission from Building Owner or his Representative to commence abatement. 3.1.11 Alternative Procedures 3.1.11.1 Procedures described in this specification are to be utilized at all times. 3.1.11.2If specified procedures cannot be utilized, a request must be made in writing to the Building Owner providing details of the problem encountered and recommended alternatives. 3.1.11.3Alternative procedures shall provide equivalent or greater protection than procedures that they replace. 3.1.11.4Any alternative procedure must be approved in writing by the Building Owner prior to implementation. 3.2 Workplace Entry and Exit Procedures 3.2.1 Personnel entry and exit. 3.2.1.1 All workers and authorized personnel shall enter the work area through the worker decontamination enclosure system. 3.2.1.2 All personnel who enter the work area must sign the entry log, located in the clean room, upon entry and exit. 3.2.1.3 All personnel, before entering the work area, shall read and be familiar with all posted regulations, personal protection requirements (including workplace entry and exit procedures) and emergency procedures. A sign -off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior to entry. 3.2.1.4 All personnel shall proceed first to the clean room, remove all street clothes, and appropriately don respiratory protection (as deemed adequate for the job condition). And washable and/or disposable coveralls, head covering and foot covering. Hard hats, eye protection and gloves shall also be utilized if required. Clean respirators and protective clothing shall be provided and utilized by each person for EACH SEPARATE ENTRY into the work area. 3.2.1.5 Personnel wearing designated personal protective equipment shall proceed from the clean room through the shower room and equipment room to the main work area. 3.2.1.6 Before leaving the work area all personnel shall remove gross contamination from the outside of respirators and protective clothing by brushing and/or wet wiping procedures. (Small HEPA vacuums with brush attachments may be utilized for this purpose, however, February -March 2024 Project Manual - 29 1017 East 29th Street; Lubbock, Texas Asbestos Abatement larger machines may tear the suits) Each person shall clean bottoms of protective footwear in the walk -off pan just prior to entering the equipment room. 3.2.1.7 Personnel shall proceed to the equipment room where they remove all protective equipment except respirators. Deposit disposable (and washable) clothing into appropriately labeled containers for disposal (and laundering). 3.2.1.8 Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work area. Upon completion of abatement, it shall be disposed of as asbestos contaminated waste. (Rubber boots may be decontaminated at the completion of the abatement for reuse.) 3.2.1.9 Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the respirators and the face area under running water prior to removal of respirator and shower and shampoo to remove residual asbestos contamination. Various types of respirators will require slight modification of these procedures. An airline respirator with HEPA filtered disconnect protection may be disconnected in the equipment room and worn into the shower. A powered air -purifying respirator face -piece will have to be disconnected from the filter/power pack assembly, which is not waterproof, upon entering the shower. A dual cartridge respirator may be worn into the shower. Cartridges must be replaced for each new entry into the work area. 3.2.1.10 After showering and drying off, proceed to the clean room and don clean disposable (and/or washable) clothing if there will be later re-entry into the work area or street clothes if it is the end of the work shift. 3.2.1.11 These procedures shall be posted in the clean room and equipment room. 3.2.2 Waste container pass -out procedures. 3.2.2.1 Asbestos contaminated waste that has been containerized shall be transported out of the work area through the waste container pass -out airlock (or through the worker decontamination enclosure if a separate airlock has not been constructed). 3.2.2.2 Waste pass -out procedures shall utilize two teams of workers, an "inside" team and an "outside" team. 3.2.2.3 The inside team wearing appropriate protective clothing and respirators for inside the work area shall clean the outside, including bottom, of properly labeled containers (bags, drums, or wrapped components) using HEPA vacuum and wet wiping techniques and transport them into the waste container pass -out airlock. No worker from the inside team shall further exit the work area through this airlock. 3.2.2.4 The outside team wearing protective clothing and appropriately assigned respirators, shall enter the airlock FROM OUTSIDE THE WORK AREA, enclose the drums in clean, labeled 6 mil polyethylene bags and remove them from the airlock to the outside. No worker from the outside team shall further enter the work area through this airlock. 3.2.2.5 The exit from this airlock shall be secured to prevent unauthorized entry. 3.3 Training 3.3.1 Prior to commencement of abatement activities all personnel who will be required to enter the work area or handle containerized asbestos containing materials must have received adequate training required by the Texas Department of State Health Services. All personnel on the job site that enter the containment must have Texas licenses in hand (See Part 4, Section 4.1, Training) 3.3.1.1 Special on -site training on equipment and procedures unique to this job site shall be performed as required. 3.3.1.2 Training in emergency response and evacuation procedures shall be provided. 3.4 Respiratory Protection 3.4.1 All respiratory protection shall be provided to workers in accordance with the submitted written respiratory protection program, which includes all items in OSHA 29 CRF 1910.134 (b) (1-11). This program shall be posted in the clean room of the worker decontamination enclosure system. 3.4.1.1 Workers shall be provided with personally issued, individually identified (marked with waterproof designations) respirators. 3.4.1.2 Respirators shall be selected that meet the following level of protection requirements: All workers, foremen, superintendents, authorized visitors and inspectors must have February -March 2024 Project Manual - 30 1017 East 29th Street; Lubbock, Texas Asbestos Abatement personally issued and marked equipment approved by NIOSH or MSA. Minimum respiratory protection required for this project must meet the requirement levels for the fiber concentration as determined by the personal samples and/or area samples. Prep work must be conducted using'/2 face respirators with dual filter HEPA cartridges where there is a possibility of exposure to asbestos fibers. It is the responsibility of the contractor to furnish all personnel with respirators in accordance with the OSHA requirements as listed above. If there is any doubt as the protection needed the respirator used should be adequate to meet the maximum anticipated concentration. It is the contractor's responsibility to meet or exceed the required respiratory protection at all times. 3.4.1.3 Fit testing 3.4.1.4 Workers must perform positive and negative air pressure fit tests each time a respirator is put on, whenever the respirator design so permits. Powered air- purifying respirators shall be tested for adequate flow as specified by the manufacturer. 3.4.1.5 Workers shall be given a qualitative fit test in accordance with procedures detailed in the OSHA lead Standard (29 CFR 1910.1025, Appendix D Qualitative Fit Test Protocols) for all respirators to be used on this abatement project. An appropriately administered quantitative fit test may be substituted for the qualitative fit test. 3.4.1.6 Documentation of adequate respirator fit must be provided to the Building Owner. 3.4.1.7 No one wearing a beard shall be permitted to don a respirator and enter the work area. 3.4.1.8 Additional respirators (minimum of 2 of each type) and training on their donning and use must be available at the work site for authorized visitors who may be required to enter the work area. 3.5 Protective Clothing. 3.5.1 Disposable clothing including head, foot and full body protection shall be provided in sufficient quantities and adequate sizes for all workers and authorized visitors. 3.5.1.1 Hard hats, protective eye wear, gloves, rubber boots and/or other footwear shall be provided as required for workers and authorized visitors. Safety shoes may be required for some activities. 3.6 Removal Procedures. 3.6.1 Clean and isolate the work area in accordance with Section 3.1 3.6.1.1 Wet all asbestos containing material with an amended water solution using equipment capable of providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed. Saturate the material to the substrate, however, do not allow excessive water to accumulate in the work area. Keep all removed material wet enough to prevent fiber release until it can be containerized for disposal. If work area temperatures are below 32 F and amended water is subject to freezing, dry removal permits and procedures must be utilized (See 2.1.2.1) Maintain a high humidity in the work area by misting or spraying to assist in fiber settling and reduce airborne concentrations. Wetting procedures are not equally effective on all types of asbestos containing materials but shall none -the -less be used in all cases. 3.6.1.2 Special circumstances (e.g. live electrical equipment, high amosite content of material, materials previously coated with an encapsulant or paint) may prohibit the adequate use of wet methods to reduce fiber concentrations. For these situations, dry removal may be required. The Contractor will have to acquire special permits, different from those mentioned herein, from the NESHAP enforcement agency. 3.6.1.3 Saturated asbestos containing material shall be removed in manageable sections. Removed material should be containerized before moving to a new location for continuance of work. Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up. 3.6.1.4 Material removed from building structures or components shall not be dropped or thrown to the floor. Material should be removed as intact sections or components whenever possible and carefully lowered to the floor. If this cannot be done for materials greater than 50 feet above the floor, a dust -tight chute shall be constructed to transport the material to containers on the floor or the material may be containerized at elevated levels (e.g. on scaffolds) and carefully lowered to the ground by mechanical means. For February -March 2024 Project Manual - 31 1017 East 29th Street; Lubbock, Texas Asbestos Abatement materials between 15 and 50 feet above the ground they may be containerized at elevated levels or dropped onto inclined chutes or scaffolding for subsequent collection and containerization. 3.6.1.5 Containers (6 mil polyethylene bags or drums) shall be sealed when full (Wet material can be exceedingly heavy.) Bags shall not be over -filled. They should be securely sealed to prevent accidental opening and leakage by tying the tops of bags in an overhand knot or by taping in gooseneck fashion. Do not seal bags with wire or cord. (Bags may be placed in drums for staging and transportation to the landfill. Bags shall be decontaminated on exterior surfaces by wet cleaning and HEPA vacuuming before being placed in clean drums and sealed with locking ring tops). 3.6.1.6 Large components removed intact may be wrapped in 2 layers of 6 mil polyethylene sheeting secured with tape for transport to the landfill. If wrapped in this manner they shall have the proper label. 3.6.1.7 Asbestos containing waste with sharp -edged components (e.g., nail, screws, metal lath, tin sheeting) will tear the polyethylene bags and sheeting and shall be placed in drums for disposal. 3.6.1.8 After completion of all stripping work, surfaces from which asbestos containing materials have been removed shall be wet brushed and sponged or cleaned by some equivalent method to remove all visible residue. 3.7 Clean-up Procedure 3.7.1 Remove and containerize all visible accumulations of asbestos containing material and asbestos contaminated debris utilizing rubber dustpans and rubber squeegees to move material around. DO NOT use metal shovels to pick up or move accumulated waste. Special care shall be taken to minimize damage to floor sheeting. 3.7.1.1 Wet clean all surfaces in the work area using rags, mops, and sponges as appropriate. 3.7.1.2 Remove the cleaned outer layer of plastic sheeting from walls and floors, windows, and doors. HVAC system vents and all other openings shall remain sealed. The negative pressure ventilation units shall remain in continuous operation. Decontamination enclosure systems shall remain in place and be utilized. 3.7.1.3 After cleaning the work area, HEPA vacuum and wet clean all objects and surfaces in the work area again. 3.7.1.4 Remove all containerized waste from the work area and waste container pass -out airlock. 3.7.1.6 Decontaminate all tools and equipment and remove at the appropriate time in the cleaning sequence. 3.7.1.6 Inspect the work area for visible residue. If any accumulation of residue is observed, it will be assumed to be asbestos and the 24-hour settling period/cleaning cycle repeated. 3.7.1.7 The work area shall be cleaned until it is in compliance with State and Local requirements and any more stringent criteria agreed upon by the Contractor and Owner prior to initiation of abatement activities. Additional cleaning cycles shall be provided, as necessary, at no cost to the Building Owner until these criteria have been met. 3.7.1.8 Following the satisfactory completion of clearance air monitoring, remaining barriers may be removed and properly disposed of. A final visual inspection by the Owner's representative shall ensure that no contamination remains in the work area. Unsatisfactory conditions may require additional cleaning and air monitoring. (See Section 3.10 Re-establishment of the Work Area) 3.8 Lock -Down 3.8.1 After final inspection in accordance with 3.9. 3.8.1.1 Repair damaged and missing areas of existing (sprayed) (troweled) materials with non - asbestos containing substitutes(specify) Material must adhere adequately to existing surfaces and provide an adequate base for application of encapsulating agents. Filler material shall be applied in accordance with the manufacturer's recommended specifications. 3.8.1.2 Remove loose or hanging asbestos containing materials in accordance with the requirements of Section 3.6. 3.8.1.3 After the work area has been rendered free of visible residues by the Project Manager/Air monitor technician and final approval given, a thin coat of satisfactory lock -down agent February -March 2024 Project Manual - 32 1017 East 291h Street; Lubbock, Texas Asbestos Abatement shall be applied to all surfaces in the work area including structural members, building components and plastic sheeting on walls, floors, and covering non -removable items, to seal in non -visible residue. 3.8.1.4 The flash point for the lock -down must be 140 degrees or higher. 3.8.1.5 If a mastic remover is used it must be compatible and applicable to the space, occupancy and future occupancy and use and must not have a flash point of greater than 140 degrees. 3.9 Final Inspection and Clearance Air Monitoring 3.9.1 Final Inspection 3.9.1.1 Enter all spaces for the purpose of inspecting the work prior to lock down in all areas where asbestos abatement was performed in order to inspect the work at close range. Get close enough to touch the surface from which ACM was removed, or on which other abatement operations were performed. It is important that all areas of abatement be accessed and inspected. Should this inspection uncover that the work area is in fact not ready for lock down and final clearance samples, the inspection should be suspended until the area has been additionally cleaned. 3.9 1.2 The contractor supervisor must always accompany the inspection during this inspection. A worker with cleaning tools and/or HEPA vacuum should also accompany this inspection so that minor items may be cleaned immediately. Should this additional cleaning prove to be in excess the inspection should be suspended until additional cleaning has been done and the job supervisor has requested another final visual. 3.9.1.3 Inspect all surfaces from which ACM has been removed for completeness of removal. Thorough inspection for the presence of residue is essential. The surface from which ACM was removed should be touched and brushed for the purpose of dislodging any ACM debris that may not be visible. Should this brushing cause the release of residue or the visibility of airborne residue, the surface brushed should be re -cleaned. This process can be greatly enhanced by using a narrow beam flashlight during the inspection. Unless the lighting is very good a flashlight should always be used. To obtain the best results when using a flashlight while brushing the abated surface it should be held parallel to the abated surfaces. The room light should be minimized during this type of inspection to enhance the effects of the flashlight. The surface should also be rubbed by hand to assure its cleanliness. 3.9.1.4 Pay special attention to areas that are difficult to reach or to see. Use a small screwdriver for poking into places such as the spaces between steel beams and the roof or ceiling frames or air duct flanges. Give special care to elbows, valves, and tees on the mechanical system. 3.9.1.5 No lock -down is to be applied until this inspection is complete and the inspector has given the approval for lock -down. After the lock -down is applied the area should be reinspected to ensure that all surfaces have been completely coated with the lock -down. 3.9.1.6 Should the abatement of any areas not include the complete removal of all ACM the remaining ACM must be inspected to assure that there are no damaged areas. This inspection must assure that there will be no fiber release from this material if left undisturbed. 3.9.2 Clearance Air Monitoring 3.9.2.1 Following the completion of clean-up operations, and after inspection by the project manager and the project supervisor, final samples shall be taken as set forth by the AHERA guidelines. The project manager has the express permission of the Consultant to conduct the final clearance inspection and sampling. 3.9.2.2 Permission for this final visual and for the final air samples is given to the project manager for this project. 3.9.2.3 Samples shall be taken following E.P.A. guidelines. Negative pressure ventilation units shall NOT be shut down until final clearance is achieved. 3.9.2.4 Final air samples shall be analyzed as per section 1.4.2.4.10. Should the first set fail the contractor will completely re -clean the area and a second set of finals will be taken. The cost of these additional samples will be paid for by the contractor. February -March 2024 Project Manual - 33 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 3.9.2.5 All samples at all locations shall indicate concentrations of airborne fibers less than or equal to the requirements as set forth in the AHERA regulations. 3.9.2.6 Aggressive sampling shall be performed with portable fans circulating air in the work area to simulate actual use conditions. Negative pressure ventilation units shall NOT be utilized for this purpose. 3.9.2.7 Final air samples shall be analyzed as per section 1.4.2.4.10, samples taken during the course of the project as well as background samples will be analyzed by PCM. 3.9.2.8 All samples at all locations shall indicate concentrations of airborne fibers less than 0.01 f/cc for release of the work area. 3.9.2.9 Areas exceeding this level shall be re -cleaned using procedures in Section 3.7 and re- tested until satisfactory levels are obtained. 3.9.2.9 The Cost of re -testing shall be borne by the Contractor. 3.10 Disposal Procedures 3.10.1 As the work progresses, to prevent exceeding available storage capacity on site, sealed and labeled containers of asbestos containing waste shall be removed and transported to the pre -arranged disposal location. 3.10.1.1 Disposal must occur at an authorized site in accordance with regulatory requirements of NESHAP and applicable State and Local guidelines and regulations. 3.10.1.2 All dump receipts, trip tickets, transportation manifests or other documentation of disposal shall be delivered to the Building Owner for his records. A recommended record - keeping format utilizes a chain of custody form, which includes the names, and addresses of the Generator (Building Owner), Contractor, pickup site, and disposal site, the estimated quantity of the asbestos waste and the type of containers used. The form should be signed by the Generator, the Contractor, and the Disposal Site Operator, as the responsibility for the material changes hands. If a separate hauler is employed, his name, address, telephone number and signature should also appear on the form. 3.11 Transportation to the landfill 3.11.1 Once drums, bags and wrapped components have been removed from the work area, they shall be loaded into an ENCLOSED truck or dumpster for transportation. At no time is the asbestos waste to be stored in anything that is not enclosed and lockable. All dumpsters must be enclosed. 3.11.1.1 When moving containers, utilize hand trucks, carts, and proper lifting techniques to avoid back injuries. Trucks with lift gates are helpful for raising drums during truck loading. 3.11.1.2 The enclosed cargo area of the truck shall be free of debris and lined with 6-mil polyethylene sheeting to prevent contamination from leaking or spilled containers. Floor sheeting shall be installed first and extended up to the side walls. Wall sheeting shall be overlapped and taped into place. 3.11.1.3 Drums shall be placed on level surfaces in the cargo area and packed tightly together to prevent shifting and tipping. Large structural components shall be secured to prevent shifting and bags placed on top. Do not throw containers into truck cargo area. 3.11.1.4 Personnel loading asbestos waste shall be protected by disposable clothing including head, body, and foot protection and, at a minimum, half face piece, air purifying dual cartridge respirators equipped with high efficiency filters. 3.11.1.5 Any debris or residue observed on containers or surface outside of the work area resulting from clean-up or disposal activities shall be immediately cleaned up using HEPA filtered vacuum equipment and/or wet methods as appropriate. 3.11.1.6 Large metal dumpsters are sometimes used for asbestos waste disposal. These should have doors or tops that can be closed and locked to prevent vandalism or other disturbance of the bagged asbestos debris and wind dispersion of asbestos fibers. Un- bagged material shall not be placed in these containers, nor shall it be used for non - asbestos waste. Bags shall be placed, not thrown into containers to avoid splitting. February -March 2024 Project Manual - 34 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 3.11.2 Before the waste leaves the owner's site it must have a waste manifest properly filled out and signed by the owner or his representative. The contractor must then make sure that the owner's copy is given to the individual signing the waste manifest. 3.12 Disposal at the landfill 3.12.1 Prior to unloading the waste, a manifest is to be presented to the landfill operator for signing. The landfill operator then must, after signing it, send the original copy of the waste manifest to the owner. 3.12.2 Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading of the asbestos containing waste. 3.12.2.1 Bags, drums, and components shall be inspected as they are off-loaded at the disposal site. Material in damaged containers shall be re -packed in empty drums or bags, as necessary. (Local requirements may not allow the disposal of asbestos waste in drums. Check with appropriate agencies and institutions for appropriate alternative procedures.) 3.12.2.2 Waste containers shall be PLACED on the ground at the disposal site, not pushed or thrown out of trucks (weight of wet material could rupture containers). 3.12.2.3 Personnel off-loading containers at the disposal site shall wear protective equipment consisting of disposable head, body, and foot protection and, at a minimum, half -face piece, air purifying dual cartridge respirators equipped with high efficiency filters. 3.12.2.4 Following the removal of all containerized waste, the truck cargo area shall be decontaminated using HEPA vacuums and/or wet methods to meet the no visible residue criteria. Polyethylene sheeting shall be removed and discarded along with contaminated cleaning materials and protective clothing, in bags or drums at the disposal site. 3.12.2.5 If landfill personnel have not been provided with personal protective equipment for the compaction operation by the landfill operator Contractor shall supply protective clothing and respiratory protection for the duration of this operation. 3.13 Re-establishment of the Work Area and Systems 3.13.1 Re-establishment of the work area shall only occur following the completion of clean-up procedures and after clearance air monitoring has been performed and documented to the satisfaction of the Building Owner. 3.13.1.1 Polyethylene barriers shall be removed from walls and floors at this time, maintaining decontamination enclosure systems and barriers over doors, windows, etc. as required. 3.13.1.2 The Contractor and Owner shall visually inspect the work area for any remaining visible residue. Evidence of contamination will necessitate additional cleaning requirements in accordance with Section 3.7. 3.13.1.3 Additional air monitoring shall be performed in accordance with Section 3.9 if additional clean-up is necessary. 3.13.1.4 Following satisfactory clearance of the work area, remaining polyethylene barriers may be removed and disposed of as asbestos contaminated waste. 3.13.1.5 At the discretion of the Contractor, mandatory requirement for personal protective equipment may be waived following the removal of all barriers. 3.13.1.6 Re -secure mounted objects removed from their former positions during area preparation activities. 3.13.1.7 Relocate objects that were removed to temporary locations back to their original positions. 3.13.1.8 Re-establish HVAC, mechanical and electrical systems in proper working order. Remove contaminated HVAC system filters and dispose of as asbestos contaminated waste. Decontaminate filter assembly using HEPA vacuums and wet cleaning techniques. Install new filters in HVAC systems. Dispose of old filters. February -March 2024 Project Manual - 35 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 3.14 Repair 3.14.1 Repair all areas of damage that occurred as a result of abatement activities. PART 4: SUPPORT ACTIVITIES AND PERSONNEL 4.1 Training 4.1.1 Training shall be provided by the contractor to all employees or agents who may be required to disturb asbestos containing or asbestos contaminated materials for abatement and auxiliary purposes and to all supervisory personnel who may be involved in planning, execution, or inspection of abatement projects. 4.1.1.1 All workers must have a minimum of 24 hours training as required by the EPA, OSHA, NIOSH, and any state requirements, such as additional training and license. 4.1.1.2 All workers must have received the required medical examination. 4.1.1.3 All workers must be trained in the proper use of the type of respirators used in this job. 4.1.1.4 Personal hygiene including entry and exit procedures for the work area, use of showers and prohibition of eating, drinking, smoking, and chewing in the work area. 4.1.1.5 Special safety hazards that may be encountered including electrical hazards, air contaminant, wetting agents, encapsulants, materials from Owner's operation, fire and explosion hazards, scaffold and ladder hazards, slippery surfaces, confined spaces, heat stress and noise. 4.1.1.6 Workshops affording both supervisory personnel and abatement workers the opportunity to see the construction of containment barriers and decontamination facilities. 4.1.1.7 Supervisory personnel shall, in addition, receive training or contract specifications, liability insurance and bonding, legal considerations related to abatement, establishing respiratory protection medical surveillance programs, EPA, OSHA (and State) record keeping requirements and other topics as requested by the Building Owner. 4.1.1.8 Training must be provided by individuals qualified by virtue of experience and education to discuss the topic areas in 4.2. 4.1.1.9 Training is to have occurred within 12 months prior to the initiation of abatement activities. 4.1.1.10 Contractor must document training by providing date of training, training entity, course outline, and names and qualifications of trainers. 4.2 Medical Monitoring. 4.2.1 Medical Monitoring must be provided by the Contractor to any employee or agent that may be exposed to asbestos in excess of background levels during any phase of the abatement project. (Due to the synergistic effect between smoking and asbestos exposure, it is highly recommended that only non-smokers be employed in positions which may require them to enter asbestos contaminated atmospheres). 4.2.1.1 Medical monitoring shall include at a minimum: 4.2.1.2 A work/medical history to elicit symptomatology of respiratory disease. 4.2.1.3 A chest x-ray (posterior -anterior, 14x13 inches) evaluated by a certified B-reader. 4.3 Safety 4.3.1 PPE — All personal protective equipment must be properly maintained and cleaned. A record of all maintenance and cleaning must be kept and available for verification. 4.3.2 Potable water — There must be potable water available for the workers. It must be dispensed from a tap and there must be disposable cups available. 4.3.3 Toilets — There must be sufficient toilet facilities to meet OSHA's minimum requirements. 4.3.4 Illumination — There must be sufficient lighting to meet OSHA's minimum requirements. 4.3.5 Haz-Com — There must be a Hazardous Communications Program on the project with proof of employee acknowledgment of this program. 4.3.6 Fire Extinguishers — There must be sufficient fire extinguishers to meet OSHA's minimum requirements. 4.3.7 Air Flow — If any electrical or other equipment must be left operational inside the containment it must: A. Be isolated from the contained work area with its own access that is completely separate from the work area. B. Sufficient airflow must be maintained to assure proper operation for the duration of the project. February -March 2024 Project Manual - 36 1017 East 29th Street; Lubbock, Texas Asbestos Abatement 4.3.8 Electrical — All electrical must be locked out and tagged out when possible. In addition, all electrical within the containment must be checked by a competent person. 4.3.9 Fall Protection — Fall protection must be provided to meet OSHA's minimum requirements. 4.3.10 Scaffold — All scaffolding must meet OSHA's minimum requirements and. A. Must have a competent person as defined by OSHA on all projects where scaffolding is erected. B. All scaffold erection must be designed by a professional engineer, and after creation must be inspected by this professional engineer. C. All workers must be trained in scaffold safety as per OSHA requirements. 4.3.11 Flash Point — No material may be used with a flash point less than 140 degrees. 5. Post -Job Submittals 5.1 Post —Job Submittal Requirements 5.1.1 A copy of all contactor field notes and logs, dated and signed by the supervisor, describing work performed each shift of each day, including the work practices and procedures used. 5.1.2 Copies of the Daily Sign In/Out Log showing the following: job name, date, printed name, signature, TDSHS license number, entry and departure times, type of respiratory protection used, company or agency represented and reason for entry for all persons entering the Regulated Area. 5.1.3 Copies of worker air monitoring results relative to OSHA respiratory protections laws. 5.1.4 Copies of all workers and supervisor's certification and licenses. 5.1.5 Copy of the waste manifest that was filled out prior to removal of waste to the landfill. It is the contractor's responsibility to ensure that the landfill forwards a copy of the waste manifest that they have signed to the owner. February -March 2024 Project Manual - 37 1017 East 29th Street; Lubbock, Texas E am x o 0 0 0 LU M E 0 LL CERTIFICATE OF WORKER'S RELEASE (PER WORKER) Owner: City of Lubbock, P.O. Box 2000, Lubbock_ Texas 79457 Project: NESHAP Demolition of all structures & demolition of all other desi:: nated materials and items on site -as identified Address: Former Coronado Apartment Comdex,, 1017 East 29th Stream Lubbock, Texas 79404 Employee Name: Employee SSN: In consideration of my employment by (Contractor) in conjunction with the removal and proper disposal of asbestos containing materials, or other work in asbestos -contaminated work area(s), and for good, valuable, and sufficient consideration, herewith exchanged, the undersigned does hereby acknowledge, warrant, represent, covenant, and agree as follow: (1) 1 acknowledge and understand that I have been or will be employed in connection with the removal of, proper disposal of, or other work in asbestos -contaminated work area. I acknowledge that I have been advised of and understand the dangers inherent in handling asbestos and breathing asbestos dust, including, but not limited to, THE FACT THAT ASBESTOS CAN CAUSE ASBESTOSIS AND IS A KNOW CARCINOGEN AND CAN, THEREFORE, CAUSE VARIOUS TYPES OF CANCER. (2) 1 acknowledge and understand that ANY CONTACT WITH ASBESTOS, WHETHER IT CAN BE SEEN OR NOT, MAY CAUSE ASBESTOSIS AND VARIOUS FORMS OF CANCER, WHICH MAY NOT SHOW UP FOR MANY YEARS, and I covenant and agree faithfully to take all precautions required of me. (3) 1 hereby warrant and represent that I have not been disabled, laid -off, or compensated for damages due to asbestosis or any other cancer disease. (4) 1 represent that I can read the English language, or that I have had someone read this instrument to me, and I understand the meaning of all the provisions contained herein. Employee: (Signature and Date) I hereby certify and represent that the above information is correct and further certify that documentation of the above represented facts will be provided to the Owner, if so directed. This Certificate of Worker's Release is valid for the duration of the Project. Contractor: Name: Title: (Signature and Date) Witness: (Signature and Date) Submittal Forms DISPOSAL SITE INFORMATION Owner: City of Lubbock, P.O. Box 2000 Lubbock, Texas 79457 Project: NESHAP Demolition of all structures &demolition of all other designated materials and items on site, as identified Address: Former Coronado A }artment Complex, 1017_East 29th Street; Lubbock, Texas 79404 The proposed disposal site for use in disposing of asbestos -containing waste and/or asbestos -contaminated debris meets or exceeds all current federal and state regulatory requirements. Landfill Name: Owner: Address: Contact Person: Telephone: I hereby certify and represent that the above information is correct and further certify that documentation of the above represented facts will be provided to the Owner, if so directed. Contractor: Name: Title: (Signature and Date) 2 Submittal Forms *kAlri- '`b�oek Lub ADDENDUM 2 Revised Insurance Requirements Information RFP 24-17930-TF 1017 East 29th Street Site Demolition Services DATE ISSUED: February 29, 2024 CLOSING DATE: March 7, 2024, at 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Revised Insurance Requirements Information Please replace Item 28 of the General Conditions of the Agreement with the attached information. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores City of Lubbock Purchasing and Contracts Management Office 1314 Ave K, Floor 9 Lubbock, Texas 79401 Questions may be emailed to TKF I ores 2mylubbock.us Questions are preferred to be posted on https://ci-lbbock-tx.bonfirehub.com/ THANK YOU, ?eeX#P4ft" CITY OF LUBBOCK Teofilo Flores Assistant Director City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. REVISED 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) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its 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. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. Commercial General Liability Requirements: $500K/occurrence (can be combined with an Excess Liability to meet requirement). Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automobile Liability Requirements: $500K/occurrence Employer Liability Requirements: $500K/occurrence Workers Compensation: $500K/occurrence. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1) is required with Workers Compensation. Pollution Liability Requirements: $500K occurrence / $1M aggregate * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. 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 aproject, 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 Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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. 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 one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (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 Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text 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 or 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 800-372-7713 or 512-804- 4000 (www.tAstate.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting 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.", - (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 proj ect; 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 proj ect; (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 (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. Page Intentionally Left Blank 1. 2. 3. 4. 5 6. 7. 8. 9. 10 11 12 13 INDEX NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS GOVERNMENT CODE § 2269 PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. PROPOSAL SUBMITTAL FORM 4-2. SUBMITTAL OF DOCUMENTS 4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Pate Intentionally Left Blank City of Lubbock TEXAS RFP 24-17930-TF 1017 East 29th Street Site Demolition Services 1. NOTICE TO OFFERORS 1.1. Offerors may submit proposals electronically by uploading required documents at the City of Lubbock's partner's website, Bonfire. This Request for Proposals is for your convenience in submitting an offer for the specified services. If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of Purchasing and Contract Management: Physical: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 13 14 Avenue K, 9th Floor Lubbock, Texas 79401 Mailing: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME 1.2. Proposals will be opened in the office of the Director of Purchasing and Contract Management, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as shown below at 3:00 PM on March 7, 2024, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the above referenced. 1.3. After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. Bids will be opened via teleconference if date/time stamped on or before the deadline stated at the office listed above. The Zoom meeting information is as follows: Website: https://zoom.us/j/9759171012?pwd=bkFtRTN1cXVISkhWdkZiMDk4MXh2dzO9 Meeting ID: 975 917 1012 Passcode: 1314 1.4. It is the sole responsibility of the offeror to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. Any proposal received after the date and hour specified will be rejected and returned unopened to the offeror. 1.5. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. If offeror does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of proposals, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.6. Although offers may be submitted electronically, hard copy proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.7. Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by offeror guaranteeing authenticity. 1.8. Proposals are due at 3:00 PM on March 7, 2024 and should be addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401. The City of Lubbock Council members will consider the proposals on March 26, 2024, at the Citizens Tower, 1314 Avenue K, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful offeror 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 offeror will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVFn_ 1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF THE CONTRACT BY THE LUBBOCK CITY COUNCIL. 1.10. Please allow time to upload required documentation. 24hrs in advance is recommended. 1.11. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offeror. FAILURE OF THE OFFEROR TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. 1.12. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from https://ci-lbbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 1.13. It shall be each offeror's sole responsibility to inspect the site of the work and to inform Offeror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. 2. PRE -PROPOSAL MEETING 2.10. For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non- mandatory pre -proposal conference will be held at 10:00AM, February 29, 2024, via teleconference. The Zoom meeting information is as follows: Website: https://zoom.us/j/9759171012?pwd=bkFtRTN1cXV1SkhWdkZiMDk4MXh2dz09 Meeting ID: 975 917 1012 Passcode: 1314 2.11. All persons attending the meeting will be asked to identify themselves and the prospective offeror they represent. 2.12. It is the offeror's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -proposal meeting to offerors who do not attend the pre -proposal meeting. Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. 3. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. 4. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS Pate Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS 1. OFFEROR INQUIRIES AND CLARIFICATION OF REQUIREMENTS 1.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 1.2 NO OFFEROR SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contract Management Office 1314 Avenue K, Floor 9, Lubbock, Texas, 79401 Fax: 806-775-2164 Email: TKFlores2mylubbock.us Website: https://ci-lbbock-tx.bonfirehub.com/portal/ 2. TIME AND ORDER FOR COMPLETION 2.1 The construction covered by the contract documents shall be substantially completed within 180 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful offeror. 2.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. GUARANTEES 3.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within One year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 3.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 3.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 3.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 4. BASIS OF PROPOSALS AND SELECTION CRITERIA 4.1 The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60 points for Price, 30 points for Contractor Qualifications, and 10 points for Construction Time. The selection criteria used to evaluate each proposal includes the following: 4.1.1 60 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value = Price Score. 4.1.2 30 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within, past experience with the contractor and the "Safety Record Questionnaire. The City may also interview the job superintendent at a time to be named after receipt of proposals. 4.1.3 Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications", any past experience with the contractor, and on safety record information submitted. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed 4.1.4 The "Contractor's Statement of Qualifications" is a minimum. 4.1.4.1 You may provide additional pertinent information relevant to the project for which you are submitting this proposal in an appendix. 4.1.5 10 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value = Construction Time Score) 4.1.6 EVALUATION PROCESS: Evaluators independently review and score each proposal. The Committee meets, to discuss the individual scores of each evaluator. If the individual scores are similar, the Chairperson may average the scores then rank offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. 4.1.7 Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 4.2 The estimated budget for the construction phase of this project is $1,000,000.00. 4.3 Proposals shall be made using the forms provided. GENERAL INSTRUCTIONS TO OFFERORS (Continued) 5. ADDENDA & MODIFICATIONS 5.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at hiips://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 5.2 Any offeror in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. At the request of the offeror, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. 5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that an offeror may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 5.4 The City does not assume responsibility for the receipt of any addendum sent to offerors 6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 6.1 Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 6.2 Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the offeror from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the offeror fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If offeror does not notify the Director of Purchasing and Contract Management before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 7. PROPOSAL PREPARATION COSTS 7.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 7.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a proposal shall be paid by the offeror. 8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a) 8.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. 8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below. https:///Iubbocktx.govga.us/WEBAPP/_rs/(S(quiyirflbtihahjny^ cegwpcs))/SLipportHome.aspx 8.5 For more information, please see the City of Lubbock Public Information Act website at: https://ci.lubbock.tx.us/pa�es/public-information-act 9. LICENSES. PERMITS. Taxes 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the offeror is or may be required to pay. 10. UTILIZATION OF LOCAL BUSINESS RESOURCES 10.1 Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 11. CONFLICT OF INTEREST 11.1 The offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 11.3It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock 11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed. The questionnaire can be found at: hLtps://www.ethics.state.tx.us/fonns/conflict/ For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000, Lubbock, Texas, 79457 See Section 176.006, Local Government Code: http://www.statutes.Iegis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 12. CONTRACT DOCUMENTS 12.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 12.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 13. CERTIFICATE OF INTERESTED PARTIES 13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply: 1) Contract requires an action or vote by the City Council (governing body); OR 2) Contract value is $1 Million or greater; OR 3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf_ info_forml295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable). 13.2 A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a governmental entity or state agency is voidable for failure to provide the disclosure of interested parties required by this section only if: (1) the governmental entity or state agency submits to the business entity written notice of the business entity 's failure to provide the required disclosure; and (2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the loth business day after the date the business entity receives the written notice under Subdivision (1). 14. PLANS FOR USE BY OFFERORS 14.1 It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 15. PAYMENT 15.1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 16. AFFIDAVITS OF BILLS PAID 16.1 The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 17. MATERIALS AND WORKMANSHIP 17.1 The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory proj ect. 18. PLANS FOR THE CONTRACTOR 18.1 The contractor will, upon written request, be furnished up to a maximum of five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19. PROTECTION OF THE WORK 19.1 The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of an offeror the following information: (a) The experience record of the offeror showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the offeror. (c) Equipment schedule. 20. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21. PROTECTION OF SUBSURFACE LINES AND STRUCTURES 2 1. 1 It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. 22. BARRICADES AND SAFETY MEASURES 22.1 The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24. CONTRACTOR'S REPRESENTATIVE 24.1 The successful offeror shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful offeror shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26. LABOR AND WORKING HOURS 26.1 Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The offeror's attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the offeror's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS 27.1 The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28. PROVISIONS CONCERNING ESCALATION CLAUSES 28.1 Proposals submitted containing any conditions which provide for changes in the stated proposal 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 offeror without being considered. 29. PREPARATION FOR PROPOSAL 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be chanted for the purpose of correcting an error in the bid price. 29.2If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Pursuant to Texas Local Government Code 252.043(2), a competitive sealed proposal that has been opened may not be chanted for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 30. BOUND COPY OF CONTRACT DOCUMENTS 30.1 Offeror understands and agrees that the contract to be executed by offeror shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Offeror's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to offeror for his inspection in accordance with the Notice to Offerors. 30.2If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31. QUALIFICATIONS OF OFFERORS 31.1 The offeror 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 offeror may also be required to give a past history and references in order to satisfy the City of Lubbock about the offeror's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the offeror to perform the work, and the offeror shall furnish to the City of Lubbock all information for this purpose that may be requested. The offeror's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the offeror fails to satisfy the City of Lubbock that the offeror is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the offeror's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the offeror to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the offeror (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner 31.2 Complete and submit the PROPOSED List of Sub -Contractors. Seven (7) business days after closing, complete and submit the FINAL List of Sub -contractors. (a) If no sub -contractors will be used please indicate so. 31.3 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32. SELECTION 32.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 32.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 32.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 32.4In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 32.5A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. 33. ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34. PROTEST 34.1 All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 35. PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. TEXAS GOVERNMENT CODE § 2269 SUBCHAPTER D. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM LUMP SUM PROPOSAL CONTRACT DATE: March 6. 2024 PROJECT NUMBER: RFP 24-17930-TF, 1017 East 29th Street Site Demolition Services Proposal of Veit National Corporation called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: (hereinafter The Offeror, in compliance with your Request for Proposals for construction of the referenced project, having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated. The price to cover all expenses incurred in performing the work required under the contract documents. PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONSTRUCTION TIME for completion: TOTAL CONSECUTIVE CALENDAR DAYS: 80 TOTAL CONSECUTIVE CALENDAR DAYS: 100 (to Substantial Completion) (to Final Completion) (not to exceed 180 consecutive calendar days to Substantial Completion / 210 consecutive calendar days to Final Completion). Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 180 Consecutive Calendar Days with final completion within 210 Consecutive Calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $25 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $25 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of six 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror 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 proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. City of Lubbock, TX Community Development RFP 24-17930-TF 1017 East 29th Street Site Demolition Services Veit National Corporation of Alvarado, TX Items Q'TY Unit Extended +/- U/M Price Cost General 91-1 Total cost of materials and labor for services, as specified 1 LS $678,678.00 $678,678.00 Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum O fihirty-three thousand nine hundred thirty-three and nine ten0ollarS ($ 33,933.90 ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. P�; �09 (Seal if Offeror is a Corporation�;`��p �. P� .... (Seal OP Q- ATTEST: : 2 0 SEAL : 0 = Secretary ''l. FCOa►aP.�`� Offeror acknowledges receipt of the fotlUtv'Ili�addenda: Addenda No. 1 Date 2/24/24 Addenda No. 2 Date 2/29/24 Addenda No. Date Addenda No. Date Date: March 6, 2024 MaYI� So�ragGia Mark Sonaglia (Mar 6, 20 4 18:24 CST) Authorized Signature Mark Sonaglia COO & Secretary (Printed or Typed Name) Veit National Corporation Company 8224 S IH 35W Suite C, Address Alvarado City, Texas State Telephone: 785 Johnson County 76009 Zip Code - 640-2476 Fax: 76- 498-8348 Email: mark.sonaglia@veitnational.com FEDERAL TAX ID or SOCIAL SECURITY No. 37-1505727 NI/wBE Firm: Woman Black American Native American Hispanic American I I Asian Pacific American Other (Specify) INSURANCE REQUIREMENTS 1, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. 1 further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more fiill-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. Agreement Example Review This sample Agreement has been reviewed and (V is acceptable ( ) is acceptable as noted Contractor Acknowledtement In compliance with this solicitation, the undersigned, having examined the solicitation documents, instructions to offerors, documents associated with the request for proposals, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in proposal rejection. By signing below, the terms stated have been reviewed and approved. Company Name: Veit National Corporation Signed By: Print Name and Title: Mark Sonaglia COO & Secretary Date. March 6, 2024 E AIA Document A310TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (\'ame, legal status and principal place Veit National Corporation of business) 14000 Veit Place Western Surety Company Rogers, MN 55374 101 S Reid Street, ADDITIONS AND DELETIONS: Sioux Falls, SD 57103 The author of this document OWNER: has added information (Name, legal status and address) needed for its completion. The author may also have City Of Lubbock revised the text of the 13 14 Avenue K,9th Floor original AIA standard form. Lubbock, Texas79401 An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from BOND AMOUNT: 5% of Bid Amount the author and should be reviewed. This document has important PROJECT: legal consequences. Consultation with an attorney is encouraged with RFP 24-17930-TF respect to its completion 1017 East 29th Street Site Demolition Services or modification. Any singular reference to Contractor, Surety, Owner or other party shall be The Contractor and Surety are bound to the Owner in the amount set forth above, for the considered plural where payment of which the Contractor and Surety bind themselves, their heirs, executors, applicable. administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. ELECTRONIC COPYING of any When this Bond has been furnished to comply with a statutory or other legal requirement portion of this AIA` Document in the location of the Project an rovision in this Bond conflicting with said statuto Po another electronic file is �' y p e ry rohibited and constitutes a or legal requirement shall be deemed deleted herefrom and provisions conforming to violation of copyright laws such statutory or other legal requirement shall be deemed incorporated herein. When so as set forth in the footer of furnished, the intent is that this Bond shall be construed as a statutory bond and not as a this document. common law bond. AIA Document A310s - 2010. Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: 'Phis AIA` s ptF t-.-1 1 ,, c.1 c !! 1,. a,,,i 1„rurnat, n i T—t- «+ p,rod,,:.ronord strrhnrion of _h- AIA} ee maL�. pore:.. ., .. may--`, `,t severe u.v,1 c ms..al c l—u—d � _ _ _ad to th., .. —t nt pess:ble _nde-tFe dra=c was•oroduceJ _by ALA sofe:are at 11:10:30or, 02/27/2017under Order Nou1311625799 1 whichelgireson )1/01/2018, and is net ___ resale. User Notes: (1113085000) Signed and sealed this 5th day of March, 2024 (Witness) See attached CA Notary Acknowledgment (Gi,'itness) Veit National Corporation (Contractor as Principal) —A". (Title) Mark Sonaglia COO & Secretary Western Surety Company "`: --`"'' (Sun (Ti e) Ihab Loubieh, Attorney In Fact = — = AIA Document A310n - 2010. Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by V.S. Copyright Lev and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, ma result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the 2 la--, This draft was produced by AIA software at 11:10:30 on 02/27/2011 under Order No.1311625799 1 which expires on 01101/2019, and is not for resale. User Notes: (1113065000) ACKNOWLEDGMENTS Corporate Acknowledgment(s) STATE OF Texas ss: } COUNTY OF Johnson County On this 6 day of March , 2024, before me, the undersigned, a Notary Public in and for the said State, personally appeared Mark Sonaglia , known to me (or proved to me on the basis of satisfactory evidence) to be the _ COO/Secretary , of the_ Veit National Cor orratigrthe corporation that executed the within instrument and acknowledged to me that such corporate xecuted the within instrum pursuant to ' s by-laws or a re olution of its board of directors. P1 C0/�?,pO',. C �.�� seal) O ,0 F?4�.. •�. .•� "s Notary Public _ S�L • O : My commission expires JUI 27 2027 a�P�e, IRMA PATRICIA BUSTILLIOS Z 2](A►j�� SNotary Public, State of Texas �N.� /�V,.'0 %7 ti , Comm. Expires 07-27-2027 �, `•,•?/1/Zw.•� . of Notary ID 134478304 i hnn yPLMOr Limited Liability Company Acknowledgment STATE OF ss COUNTY OF On this _day of , 20_, before me personally appeared known by me to be the person who is identified in and who executed the foregoing General Agreement of Indemnity, and who being by me duly sworn, deposes and says that (s)he is the Manager of , a limited liability company, that (s)he is duly authorized to execute said Agreement as the act and deed of said limited liability company. (seal) Notary Public My commission expires _ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco On /I Xrd,7 S ZdzY before me, Maria Duran Rufino, Notary Public (insert name and title of the officer) personally appeared Ihab Loubieh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIADURANR�FINO Notary Public • California `_ ~tea = San Francisco County =^ ` Commission p 2321972 My Comm. Expires Mar 19, 2024 Signature(Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT know All Nlen By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make. constitute and appoint Charles Nelson, Ihab Loubieh, Carly Foldenaur, Lou Nanne, Individually of San Francisco. CA, its true and lawful Attomey(s)-in-Fact with full poker and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Assistant Vice President and its corporate seal to be hereto affixed on this I Ith day of April, 2023. uRETy ...... W WESTERN SURETY COMPANY ads.._........ c WQ% POq �i _ « z ♦k �T__.:O1Pc kwµ�f Larn Kasten, Assistant Vice President State of South Dakota ss County of Minnehaha On this l Ith day of April, 2023, before me personally came Larry Kasten, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota: that he is an Assistant Vice President of WESTERN SURETY" COMPANY described in and which executed the above instrument: that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledees same to be the act and deed of said corporation. My commission expires M.BENT i ROTARY PUSLIC�)i March 2, 2026 �� SOUTH DAKOTA M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed on the reverse hereof is still in force. In testimonv yvhereof I have hereunto subscribed my name and affixed the seal of the said corporation this 5th day of March, 2024. , NMMMY �`SVRE.... WESTERN SURETY COMPANY r 1 .—........ o 3M:40Q-9p�`D` CAN, ems, w� Fonn F4280-4-2023 ` - L. Nelson, Assistant Secretary Go to www.cnasurety-Com > Gwner / Oblig-ee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney. or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies. undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Lam' Kasten. Assistant Vice President. who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April. 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." CNA 8500 Tower, 8500 Normandale Lake Blvd., Suile 600, Bloominglon, MN 55171 February 6, 2024 To Whom It May Concern: Re: Veit National, Corporation Surety Bond Reference To Whom it May Concern: We are pleased to provide the following information on behalf of Veit National, Corporation. as part of your pre -qualification process We have been providing surety bonds for Veit National, Corporation since 2021. We have approved bonds for them covering jobs up to $60,000,000 with an aggregate work program of $250,000,000. Presently the total value of bonded jobs for Veit National, Corporation is under $5,000,000, We continue to be confident in Veit National, Corporation's ability to perform and we highly recommend them for your favorable consideration. Western Surety Company (A M. Best Rating A XIV), a CNA writing company, has the privilege of providing surety bonds for Veit. Western Surety Company is licensed in all fifty states and is shown on the July 15l 2022, Treasury Department Circular 570 with an Underwriting Limitation of $152,157,000. The issuance of any bid or final bond is contingent upon a satisfactory underwriting review at the time a request for bonds is made. This review may include, but not be limited to, acceptable contract terms, conditions, documents, bond forms, and confirmation of an acceptable financing source and payment provisions. Any arrangement for bonds is a matter between Veit National, Corporation and the surety and we assume no liability to you or your third parties if for any reason we do not supply said bond or bonds. Sincerely, Western Surety Company By. Ihab Loubieh, Attorney -In -Fact City of Lubbock Insurance Requirement Affidavit Project Number• RFP 24-17930-TF I To Be Completed by Bidder or Offeror I, the undersigned Bidder/Offeror certify that the insurance requirements contained in this bid/proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock (City), I will be able to, within ten (10) business days after being notified of such award by the City, furnish a valid insurance certificate and endorsements to the City meeting all of the requirements presented herein. 7 Jacob Grace Cont etor Representative (Original Signature) Contractor Representative (Printed) Contractor's Business Name: Veit National Corporation (Print or Type) Contractor's Address: $224 S I 35VV Suite C, Alvarado, TX 76009 Contractor's Email Address: jacob.grace@veitnationa1.com INSURANCE AGENT/BROKER CONTACT INFORMATION Firm Name: NFP Contact Name: Edgar Mendoza Phone No.: (949) 669-1021 Email: Edgar. Mendoza@nfp.com II NOTE TO CONTRACTOR II If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. Page Intentionally Left Blank Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firni must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firms qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the fitm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate tennination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Contractor's General Information Organization Doing Business As Veit National Corporation Business Address of Principle Office 8224 S IH 35W Suite C, Alvarado, TX 76009 Telephone Numbers 469-354-5981 Main Number 763-428-2242 Fax Number 763-428-8348 Web Site Address www.veitnational.com Form of Business (Check One) Date of Incorporation V A Corporation A Partnership An Individual 2/1 /2005 State of Incorporation Florida Chief Executive Officer's Name Mark Sonaglia President's Name Tim Bixler President Vice President's Name(s) Mike Flahave Secretary's Name Mark Sona lia COO & Secretary Treasurer's Name Date of Organization Brian Volke N/A State whether partnership is general or limited Name N/A N/A Business Address N/A Identify all individuals not previously named which exert a significant aillonlit of business control over tile organization Kelly Veit -Owner OrganizationIndicators of Average Number of Current Full Time Employees 54 erage Estimate of Revenue for the t_'urrentYear $8,900,000 Contractor's Organizational Experience Organization Doing Business As Veit National Corporation Business Address of Regional Office 8224 S IH 35W Suite C, Alvarado, TX 76009 Name of Regional Office Manager Mike Flahave Telephone Numbers Main Number 763-428-2242 Fax Number 763-428-8348 Web Site Address www.veitnational.com Organiza tion1l !story List of names that this organization currently, has or anticipates operating under over the history of the organization, including the navies of related companies presently doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Veit & Co 100% Construction Experience Years experience in projects similar to the proposed project: As a General Contractor 15 1 As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten years? NO If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five ears? NO If yes provide full details in a separate attachment, See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? NO If yes provide full details in a separate attachment. See attachment No. Contractor's Proposed Key Personnel Organization Doing Business As Veit National Corporation OrganizationProposed Project Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. 1 Veit National Corporation (VNC) is a member of the Veit family of companies (Veit). Veit is a specialty contractor serving the industrial, commercial, and municipal marketplace for over 96 years in demolition, utilities, CIPP, foundations, earthwork, marine, and industrial cleaning services. Veit completes an average of 500 projects annually. The gross revenue for Veit has exceeded $200 million each of the last five years; we are on track to exceed $300 million in revenue in 2024 for the third year in a row. To ensure success, Veit dedicated top demolition talent to lead the VNC demolition team they are Mike Flahave, Senior Director of Demolition, project Management and Strategy, and Ryan Olson, Senior Director of Demolition, Operations and Business Development. They have helped the Veit enterprise earn a solid reputation for completing fast -track and difficult demolition projects on time and within budget. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No.2 To ensure success, Veit National dedicated top demolition talent to lead the VNC demolition team they are Chester Grace, Senior Oper/Quality Manager, and Jacob Grace, Project Manager, Patsy Bustillos, Project Coordinator, Jeremy Hanna Safety Manager. No alternates. Experience of Key Personnel Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Jacob Grace Project Superintendent Humberto Noris Project Safety Officer Jeremy Hannack Quality Control Manager Chester Grace If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. Proposed Project Managers Organization Doing Business As Name of Individual Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment HEB Melissa Highland Oak Apts Taco Bites and Beats Reference Contact Inrormation(listing names indicates Name Chris PilotteChri Title/ Position Project Manager Organization Joeris Ceneral Contractors Telephone (817) 204 0770 E-mail cpilotte@joeris.com Project HEB Melissa Candidate role on Proiect Project Manager Name of Individual Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Man Number of similar projects in other positio Current Project Assignments Name of Assignment Veit National Corporation Jacob Grace 8 4 30+ 5+ Percent of Time Used for this Project Estimated Project Completion Date 20% March 2024 40% April 2024 10% March 2024 .,oval to contacting the names individuals as a reference Name Jenna Brummett Title/ Position Regional Vice President of Construction Organization Gallagher Construction Telephone 817-718-1876 E-mail jbrurnmett@gallaghertx.com Project I TRVVD Central South Bypass Channet Demo of sttuctur Candidates role on Proiect Project Manager N/A Percent of Time Used for Estimated Project this Proiect Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 5 Proposed Project Superintendent Organization Doing Business As Name of Individual Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assigmnent HEB -Melissa Highland Oak Apts Taco Bites and Beats Reference Contact Information(listing names indicates Name I Chris Pilotle Title/ Position I Proiect Manager Organization Joeris General Contractors Telephone (817) 204 0770 E-mail cpilotte@joeris.com Project HEB -Melissa Candidate role on Proiect Superintendent/Operator Name of Individual Years of Experience as Project Sup Years of Experience with this orgat Number of similar projects as Supe Number of similar projects in other Current Project Assignments Name of Assignment Veit National Corporation Humberto Noris 20+ 2 s0+ 60+ Percent of Time Used for this Project Estimated Project Completion Date 10% March 2024 80% April 2024 5% March 2024 oval to contacting the names individuals as a reference Name Jenna Brummett Title/ Position Regional Vice President of Construction Organization Gallagher Construction Telephone 817-718-1876 E-mail jbruinmett@gallaghertx.com Project TRLND Certral City South Bypass Channel �emolifion o Candidate role on Proiect Superintendent/Operator N/A Percent of Time Used for Estimated Project this Proiect Completion Date Name Name Title/ Position Title/Position Organization Organization E-mail. E-mail Project Project Candidate role on Candidate role on Project Project 6 Structures Proposed Project Safety Officer Organization Doing Business As Name of Individual Veit National Corporation Jeremy Hannack Years of Experience as Project Safety Officer 26+ Years of Experience with this organization 20+ Number of similar projects as Safety Officer 100+ Number of similar projects in other positions 100+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date HEB -Melissa 5% March 2024 Highland Oak Apts 10% April 2024 Taco Bites and Beats 5% March 2024 Reference Contact Information Ilistin names indicates ap roval to contactingthe names individuals as a reference Name Chris Pilotte hlartle Jenna Brummett Title/ Position Project Manager Title! Position Regional Vice President of Construction Organization Joeris Contractors Organization Gallagher Construction Telephone (817) 204 0770 Telephone 817-718-1876 E-mail cpiloue@joeris.com E-mail jbrummett@gallaghertx.com Project HEB -Melissa Project TRIND Central City South Bypass Channel Demolition a Candidate role on Project Alternate Candidate Name of Individual Safety Manager Candidate role on Protect Safety Manager N/A Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date ROMMMEMIMMMMM Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Structures Proposed Project Quality Control Manager Organization Doing Business As Name of Individual Veit National Corporation Chester Grace Years of Experience as Quality Control Manager 20+ Years of Experience with this organization 5+ Number of similar projects as Quality Manager 15+ Number of similar projects in other positions 20+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date HBB -Melissa 20% March 2024 Highland Oak Apts 75% April 2024 Taco Bites and Beats 5% March 2024 Reference Contact Information(listing names indicates ap roval to contactingthe names individuals as a reference Name Chris Pflotte Name Jenna Brummett Title/ Position Project Manager Title/ Position Regional Vice President of Construction Organization Joeris General Contradors Organization Gallagher Construction Telephone (817) 204 0770 Telephone 817-718-1876 E-mail cpilotte@joeris.com E-mail jbrummett@gallaghertx.com Project HEB -Melissa Project T€ VV1) Central City South Bypass Channel Demolition . Candidate role on Project Alternate Candidate Name of Individual I Quality Control Candidate role on Project Quality Control N/A Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Oroanization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Pro ect Candidate role on Project uclures Contractor's Project Experience and Resources Organization Doing Business As Veit National Corporation Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 4. Meeting HLJB / MWBE Participation Goal Provide a list of major equipment ro osed for use on this pE21ect. Attach Additional Information if necessa Equipment Item Primary Use on Project Own B ill Lease Excavator 340SB Caterpillar TQ/ TC Demolish Buidling CAT 267B Skidsteer Clean Up Truck Pickup 2015 Ford F250 Transportation Tooth Bucket 336 54" DB EQ14635 Demolition Trailer Enclosed Tool Eagle Cargo Store tools Division of • Organization What work will the organization complete using its own resources? 85% Demolition What work does the organization propose to subcontract on thisproject? 15% NESHAP Contractor's Subcontractors and Vendors Organization Doing Business As Veit National Corporation Project Subcontractors Provide a list of subcontractors that will provide more than 10 percent of the work based on contract amounts Name Work to be Provided Est, Percent of Contract HUB/MWBE Firm Allen & Company NESHAP 22% Y Earthworks Trucking 15% N Provide information on the proposed key personnel, project experience and a description of past relationship and work ex erience for each subcontractor listed above using the Project Information Forms. Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Vendor Name Equipment / Material Provided Furnish Onlyand Furnish Install HUB/lvi WBE Finn NIA- Veit National owns all it's equipment 10 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner I Tarrant Regional Water District Project Name I TRWD Central City South Bypass Channel Demolition and Abatement of Structure General Description of Project: Demolition of large commercial structures Project Cost 248,335.00 Date Project Completed 12/2023 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Mang er Name Jacob Grace Humberto Noris Jeremy Hannack Jacob Grace Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Jenna Brummett Regional VP of Construction Gallagher Construction 817-718-1876 jbrummett@gallaghertx.com Project Owner I Terrell State Hospital Project Name Demolition of hospital building General Description of Project: Demolition of hospital building Project Cost 663,158.00 Date Project Completed 7/20/23 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Jacob Grace Darrell Cruz Jeremy Hannack Chester Grace Reference Contact Information (fisting names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Jonathan Espinoza Project manager Liberty Demolition 214-864-7843 jonathan@liberty-demotition.com Project Owner Hat Creek Development Project Name 13051 Dove Road, Grapevine, TX General Description of Project: Demolish Buidling Project Cost 343,834.00 Date Project Completed 10/20/23 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Jacob Grace Darrell Cruz Jeremy Hannack Chester Grace Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Cole Temple Project Manager Hat Creek Development 817-891-9756 cole.templel2@gmail.corr Attachment B Project Information Project Owner Tarrant Regional Water District Project Namc TRWD Central City South Bypass Channel Demolition and Abat General Description of Project Demolition of two buildigns (60,000 SF) and relocation of trolley car Project Budget, Schedule Performance ZP Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 246,137.00 Notice to Proceed 10/16/23 10 Change Orders 1,500.00 .01% Contract Substantial Completion Date at Notice to Proceed 12/24/23 50 Owner Enhancements NIA Contract Final Completion Date at Notice to Proceed 12/24/23 50 Unforeseen Conditions NIA Change Order Authorized Substantial Completion Date 12/24/23 50 Design Issues NIA Change Order Authorized Final Completion Date 12/24/23 50 Total 247,637..00 Actual / Estimated Substantial Completion Date 12/17/23 43 Final Cost ,166,415.00 41 % Key Project Personnel Actual / Estimated Final Completion Date 12/17/23 Project Manager Project Su Safe Officer J g J p t3' Quality Control 43 Manager Name Jacob Grace Humberto Noris Jeremy Hannack Chester Grace Percentage of Time Devoted to the Project 75 100 25 80 Proposed for this Project Y Y Y Y Did Individual Start and Complete the Project? Y Y Y I F not, who started or completed the project in their place. Reason for change. approvalReference Contact Information (listing names indicates Name Title/ Position Organization Telephone E-mail Owner Brenton Dunn Program Manager TRWD 214-538-1678 brenton.dunn@trwd.com Desinner Construction Manager Jenna Brummett Regional VPof Construction Gallagher Construction 817-718-1876 jibrummett@gallaghertx-corr Suret ResolvedIssues / Disputes or . Dispute Review Boards Number of Issues Total Amount involved in Number of Issues Total Amount involved in Resolved N/A Resolved Issues NIA Pending N/A Resolved Issues NIA rmi 1J o. "'-- / LEADERSHIP TEAM IRNA Mark Sonaglia Chief Operating Officer & Secretary Mark has been a part of the Veit team since 2000, serving as Vice President of CIPP and Industrial Cleaning. Today, he is the Chief Operating Officer at Veit National Corporation. He oversees CIPP operations. He takes great pride in his field crews accomplishments and sees them as the key to Veit National's success. He holds a degree in Environmental Studies from Rollins College. Tim Bixler President CIPP Tim joined the Veit National Team in 2020, bringing with him over 30 years of industry -leading knowledge in utility rehabilitation. Today he is the President of Veit National and works to manage and lead the Veit National team. He holds a degree in Construction Management from Purdue University and his background includes operations, engineering and founding AITC which would go on to become part of Veit National Corporation in 2020. Mike Flahave Senior Director of Demolition, Project Management & Strategy Mike has been with the Veit family demolition team for over a decade, leading the project management team in demolition projects all over the country. He has formed successful, trusted relationships with customers in the municipal, commercial and industrial marketplace in both the private and public arenas. Mike holds a degree in Leadership Management from St. John's University as well as a degree in Construction Project Supervision from Dunwoody College of Technology. Ryan Olson Senior Director of Demolition, Operations & Business Development Ryan has over two decades of industry experience and has been a key member of the Veit family demolition team from the start. He began as an equipment operator and has worked his way up to Senior Director. His long career in demolition allows him to see and understand all aspects of a demolition project. He is responsible for all demolition field leadership and safety in addition to exploring opportunites to expand the Veit National demolition offerings, technologies and geographic markets. Rick Shefka Operations Manager Rick is involved with projects from start to finish. He assists in creating estimates for bid submittals, coordinates preconstruction meetings to ensure precision between project managers, field staff, and office support, and is responsible for obtaining any necessary permits and licensing for projects. He oversees daily operations of field crews on projects ensuring all aspects of the project are met safely, on budget & within deadline. Rick has a degree in Business Administration, Logistics & Supply Chain from East Carolina University. veitnational.com (763) 428-2242 14000 Veit Place, Rogers, MN 55374 LrE7 �fflff NATIONAL Tim Reimann President - Veit and Company, Ir 91 Mark Sonaglia Chief Operating Officer I 1161 Tim Bixler President r-J Rick Shefka Operations Manager Ryan Olson Senior Director of Demolition, Operations and Business Development No. 2 VEIT NATIONAL Mike Flahave Senior Director of Demolition, Project Management and Strategy Chester Grace Jacob Grace Senior Project Manager, Demolition Project Manager, Demolition MIKE FLAHAVE NATIONAL Senior Director of Demolition, Project Management & Strategy Mike has been with the Veit family demolition team for over a decade, leading the project management team in demolition projects all over the country. He has formed successful, trusted relationships with customers in the municipal, commercial and industrial marketplace in both the private and public arenas. Mike holds a degree in leadership Management from St. John's University as well as a degree in Construction Project Supervision from Dunwoody College of Technology. EDUCATION +TRAINING B.A. Leadership Management St. John's University A.S. Construction Project Supervision Dunwoody College of Technology OSHA 30 Hour BNSF Contractor Training BNSF Intermodal Training Railroad Education AGC Leadership Blueprint Class of 2019 Traveler's Crane Operations Class EXPERIENCE 12Years — Industry Experience Terrell State Hospital Demolition (Terrell, TX) $633,000 • Demolition of four buildings • 109,583 SF 1800 Timber Creek (Flower Mound, TX) $155,000 • Demolition of 1-story & 2-story buildings • Demolition of foundations, concrete drive & sidewalk • Flag pole removal & shrub removal Northwest High School Pkg 2 (Justin, TX) $556,000 • Partial demolition of existing high school • Demolition between two existing/active school buildings to remain • 96,000 SF 1001 University Drive Demolition (Fort Worth, TX) $94,000 Demolition of five buildings located within one city block 3051 Dove Road (Southlake,TX) $344,000 • Demolition of one-story commercial building Wind Turbine Foundation (Glasscock County, TX) $117,000 • Demolition of wind turbine • Demolition of concrete foundation Throckmorton ISD (Throckmorton, TX) $104,000 • Demolition of house & AG school building • included slabs & foundations • install construction site fence • Tree removal & sidewalk removal Live Oak Building Demo (Red Oak, TX) $202,000 • Demolition of commercial building veitnational.com (763) 428-2242 14000Veit Place, Rogers, MN 55374 JEREMY HANNACK E� Safety Manager Jeremy Hannack has worked in the construction industry for over 25 years. He brings a wide range of knowledge & experience with him. Jeremy is consistently developing & implementing processes & programs for job sites, working with field employees & VPs to ensure OSHA compliance. He assists craft, project managers, superintendents & leadership with all aspects of safety. EDUCATION +TRAINING CUTC—EMT CVTC Hazardous Material Operations OSHA 10 & 30 Instructor SSHO Flagger Trainer OS-eRAILSAFE Training OS-CN On -Track OS -RR Contractor Orientation CPR, First Aid & AED Instructor Advanced Safety Certificate National Safety Council OSHA Disaster Site Instructor ICRATrained BNSF Firefighter CN Ontrack NCCO Mobile & Tower Crane IVES Certified MEWP Trainer ASSP Member Principles of Occupational Safety & Health NCS Safety Management Techniques—NSC Fundamentals of Industrial Hygiene—NSC Safety & Inspection for Hoists RESPONSIBILITIES 26Years — Industry Experience • Attends pre -construction meetings • Attends weekly superintendents coordination meetings • Performs site safety inspections • Performs JHA audits & observations • Takes the lead on accident & incident investigations • Implements site specific health & safety plans • Performs site safety training • Reviews site specific safety plans with site employees • Responsible for maintaining & updating Veit's sitesafety plans • Provides an internal safety resource for policies &proce- dures • Works with OSHA consultation on projects, assistingthe General Contractor & owners with OSHA Compliance on the job site veitnational.com (763) 428-2242 14000 Veit Place, Rogers, MN 55374 E► JACOB GRACE NAT1oNAL Project Manager/Estimator - Demolition As Project Manager & Estimator, Jacob seeks out bid opportunities & is responsible for reviewing plan specs, calculating quantities, gathering quotes & submittals, constructing the bid, & creating the bid submittal. He obtains all necessary permits & licensing for projects & serves as the key communicator between the customer & field workers. Throughout the project, Jacob works to ensure all aspects of the project are met safely, on budget & completed within the time frame agreed upon. EDUCATION + TRAINING B.S. Business Management SW Oklahoma State University Weatherford, OK OSHA 30 EXPERIENCE 8 Years — Industry Experience Throckmorton ISD (Throckmorton, TX) • Commercial site preparation • Safely removed asbestos containing veneer from the exist- ing concrete wall structure so only that which contained asbestos was hauled off in lined trailers & disposed of properly in accordance with NESHAP regulations • Steel & concrete recycling TRWD Bypass Channel Demolition (Fort Worth, TX) Total demolition of commercial building & residential home clearing for Bypass Channel Site heavily surrounded by fencing & trees Included hauling & disposal of demolition materials University Drive Demolition (Fort Worth, TX) • Underground utilities Northwest High School Pkg. 2 Demolition (Justin, TX) Demolition of a portion of existing high school Building demolished was 96,000 SF Building located between two existing/active school build- ings to remain veitnational.com (763) 428-2242 14000 Veit Place, Rogers, MN 55374 ■rr�rirr EI CHESTER GRACE Senior Project Manager As Senior Project Manager, Chester provides overall management direction of contracted work from start to finish including preparing full estimates, bidding, pre -construction planning, scheduling, cost containment, monitoring progress & compliance, & maintaining client contact throughout the project. He is responsible for the overall direction of projects for the demolition team, establishes project objectives, & coordinates bid requirements ensuring that the project meets all safety goals on or under budget in the appropriate time fram allowed. EDUCATION + TRAINING OSHA 30 CPR, AED & First Aid Bloodborne Pathogens EXPERIENCE 24 Years — Industry Experience Throckmorton ISD (Throckmorton, TX) Commercial site preparation Safely removed asbestos containing veneer from the exist- ing concrete wall structure so only that which contained asbestos was hauled off in lined trailers & disposed of properly in accordance with NESHAP regulations Steel & concrete recycling Terrell State Hospital- Terrell, TX Total demolition of hospital Site heavily surrounded by fencing & trees Included hauling & disposal of demolition materials University Drive Demolition (Fort Worth, TX) • Underground utilities Northwest High School Pkg, 2 Demolition (Justin, TX) • Demolition of a portion of existing high school • Building demolished was 96,000 SF • Building located between two existing/active school build- ings to remain veitnational.com (763) 428-2242 14000 Veit Place, Rogers, MN 55374 Building Communities Stronger �HXTMP Veit National is a growing specialty contractor providing pipe rehabilitation and demo) services to help build communities stronger. Our work sets the stage for progress by strengthening our infrastructure and clearing the way for development in our region. We're here to build lasting relationships by helping to solve our client's biggest challe whether they are repairing something old or making way for something new. We're committed to delivering quality work and creating a customer experience that is unmatched in our industry. WE BREAK EVERYTHING BUT OUR WORD Veit National offers full -service demolition capabilities performed with exacting precision and safety. We approach projects by gaining a full understanding of the owners' goals and objectives, beyond the scope of our work. We then create comprehensive strategies for demolition services that set our clients up for success. Our team of industry experts bring decades of combined experience and knowledge in heavy demolition to the table of every project they're involved with. We are equipped with highly specialized heavy machinery and tools to perfor our work safely and efficiently. Our equipment fleet consists of state the -art machines operated and maintained with pride. LOCATION Texas Office 8224 S 135W Frontage Road Suite C Alvarado, TX 76009 Chester Grace, Senior Project Manager / Estimator (903) 809-1555 rvarroxa� For more information, visit our website at VeitNational.com PNA1TIONAL Job Description 248002 Highland Oaks Demolition 248001 Tacos, Bites and Heats 238039 Sunrise Lift Station 4210 - PO 24001205 238038 Sunrise Lift Station #209 - PO 24001209 238037 Sunrise Lift Station #161 - PO 24001170 238023 Savannah Storm 2023 228022 Sunrise Litt Station #108 - PO 23000730 228018 Savannah SANITARY 228017 Savannah STORMWATER 228013 Kennedy Blvd, Gravity Sewer Rehabilitation CIPP Veit National Ongoing Projects City State Customer Contact Dallas TX KDP Knox, LLC Matthew Fisher Dallas TX Quadrant Investments Sunrise FL City of Sunrise Tim Koabel Sunrise FL City of Sunrise Tim Koabel Sunrise FL City of Sunrise Tim Koabel Savannah GA City of Savannah, GA Stormwater Manager Kenneth Kelly Sunrise FL City of Sunrise Tim Koabel Savannah GA City of Savannah, GA Sewer Maintenance I David Hemphill Savannah GA City of Savannah, GA Stormwater Manager Kenneth Kelly Tampa FL City of Tampa Davey Henderson Attachment A Contact Completion Orig Contract Phone Number Date Amount 214-809-8573 20% $ 203,256.00 5% $ 23,510.00 954-888-6081 80% $ 143,360.00 954-888-6081 80% $ 40,430.00 954-888-6081 50% $ 154,685.00 912-651-4262 75% $ 475,102.50 954-888-60B1 $ 135,760.00 912-658-7862 85% $ 1,090,083.50 912-651-4262 90 % $ 1,081,620.00 813.630-3910 95% $ 854,155.00 $ 4,201,942.00 9NA TION A L Contract administration: Contract administration will be handled by a team of project coordinators and project managers that have 20+ years of experience. 2. Management of subcontractor and suppliers: Subcontractors will be managed on site by the General Superintendent and foreman. The Project Manager will ensure the subcontracted work is performed within the schedule allotted. 3. Time management: A project schedule will be provided biweekly to the owner, field personnel and subcontractors. 4. Cost control: Budget and cost codes will be shared with all Veit National employees involved with the project. 5. Quality management: "The Veit Way." Our operators and laborers are trained to leave a site cleaner than expected. Near completion, Project Managers and Directors will tour the project to ensure it meets the owner and Veit National's expectations. 6. Project site safety: All field personnel have been trained in OSHA-30. The Safety Supervisor will make multiple project visits during demolition. 7. Managing changes to the project: The Project Coordinator and Project Manager will work closely with the owner on any changes. 8. Managing equipment: Operator will fill out daily equipment checklists and address any issues that might arise. 9. Meeting HUB 1 MWBE Participation: Goal 22% veitnationo2.com (763) 428-2242 14000 Veit Nace, Rogers, MN 55374 Texas Historically Underutilized Business (HUB) Certificate Certificate/VID Number: 1752780265000 Approval Date: July 14, 2022 4rHU Scheduled Expiration Date: July 14, 2026 5.atewide Historically Underutilized Business Program The Texas Comptroller of Public Accounts (CPA), hereby certifies that Allen & Company Environmental Services has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed July 14, 2022, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day to day management, operational control, business location) provided in the submission of the business; application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibiliy. Statewide HUB Program Statewide Procurement Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company's HUB certification prior to issuing a notice of award by accessing the Internet (https://rnycpa.cpa.state.tx.us/tpasscmbisearch/!ndex.jsp) or by contacting the HUB Program at 512-463-5872 or toll -free in Texas at 1.888-863-5881. WBENC WOMEN'S BUSINESS ENTERPRISE NATIONAL COUNCIL JOIN FORCES, SUCCEED TOGETHER. hereby grants 1,9192a, lNemellBusiness Enterpto rise Cam ► Allen & Company Environmental Services who has successfully met WBENC's standards as a Women's Business Enterprise (WBE). This certification affirms the business is woman -owned, operated and controlled and is valid through the date herein. Certification Granted: August 4, 2014 Expiration Date: August 4, 2024 WBENC National Certification Number: 2005125054 NAILS: 562910, 561790, 562112 UNSPSC: 76101603, 76101604 WBENC National WBE Certification was processed and validated by Women's Business Council - Southwest, a WBENC Regional Partner Organization. C� ecv_��NJ Authorizcd by Bliss Coulter, President & CEO WOMEN'S Women's Business Center BUSINESS COUNCIL SOUTKWEST Greatralas GREATER y �& gl1 C1eSS WQMINS WBECFLORIDA weECMtTRONY ws��cRcnrE4�sr- WBECEAST WBECORV WBECPACIFIC �ulBusINESS WBECSOUTI WBECWEST E COUNCIL BUSINESS �. VVI"" CENTEFMFNT ` _ ,,,SEA CENTER COUNCIL 5YA!'1tL2J Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252,0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: OUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO v If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 1 certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Ma��r �anaRGia (mark sonaglia (P.lar 6, 2 4 18:24 C5T) Signature Mark Sonaglia COO & Secretary Title 0%) N F P1 March 6, 2024 Veit National Corporation 14000 Veit Place Rogers, MN 55374 RE: Experience Rating Modification Factors -- 7 Year History To Whom It May Concern, Outlined below are the 7-year experience modification rating factors applicable to Veit National Corporation: EFFECTIVE DATE E-MOD FACTOR 01/01/2023 to 01/01/2025 0.99 01/01/2023 to 01/01/2024 0.89 01/01/2022 to 01/01/2023 0.80 01/01/2021 to 01/01/2022 0.65 01/01/2020 to 01/01/2021 0.69 01/01/2019 to 01/01/2020 0,67 01/01/2018 to 01/01/2019 0.70 If you need additional information, please do not hesitate to contact me. Sincerely, r% a Lexi Abbate, CRIS Assistant Vice President 949-305-3819 Lexi.Abbate(a)nfp.com Property and casualty insurance services provided through NFP Property & Casualty Insurance Services, Inc (NFPPC) Other insurance services provided through NFP Corporate Services (NY), LLC (NFPNY) and BLVD Agency, Inc. (BWD). NFPPC, NFPNY and SWD are subsidiaries of NFP Corp. (collectively, NFP). Securities may be offered through Kestra Investment Services, LLC (Kestra IS). member FINRAISIPC. Investment advisory services may be offered through Kestra Advisory Services, LLC, (Kestra AS), an affiliate of Kestra IS. Neither Kestra IS nor Kestra AS are affiliated with NFP Page Intentionally Left Blank NON -COLLUSION AFFIDAVIT STATE OF TEXAS LUBBOCK COUNTY Mark Sonaglia being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said respondent has not directly induced or solicited any firm on the above work or supplies to put in a sham , or any other person or corporation to refrain from a statement of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over any other firm or firms. Veit National Corporation Firm Mark Sonaglia Name Mark Sonaglia (Mar 6,2 418:24CST) Signature COO/Secretary Title Subscribed and sw9T to before me this 6 !1 day of March 2024 Notary Public a .� `p��......�«, IRMA PATRICIA 8USTILLIOS �` '' "'B Notar Public, State of Texas My Commission Expires: ;:; v Comm, Expires 47-27 2427 of.,��•` Notary ID 134478304 NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION Page Intentionally Left Blank 1. 2, 3. 4. 5. G. 7. 8. 9. 10. 11. 12. 13. 14. 15. M. PROPOSED LIST OF SUB -CONTRACTORS Company Name Allen & Company Earthworks Minority Owned Location Services Provided '14 es No Lubbock NESHAP and Wrapping Trailers x❑ ° Lubbock Trucking ❑ x❑ M El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR RESPONSE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY M At,tk SoHaO aCST} Mario Sonaglia COO & Secretary Veit National Corporation (PRINT NAME OF COMPANY) Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due. FINAL LIST OF SUB -CONTRACTORS Pate Intentionally Left Blank FINAL LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. Allen & Company Ft Worth,TX NESHAP & Wrapping Trailers V ❑ 2. Earthworks Lubbock, TX Hauiling ❑ V 3. 4. 5. 6. 7. 8. ° ° 9. ° ° 10. ° ° 11. ° ° 12. 13. 14. ° ° 15. ° ° 16. ° ° SUBMITTED BY: Veit National Corporation (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Veit National Corporation (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Six Hundred Seventy -Eight Thousand Six Hundred Seventy -Eight Dollars $678 678) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9te day of April, 2024, to RFP 24-17930-TF 1017 East 29th Street Site Demolition Services and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2024. Surety *By (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Approved as to form: City of Lubbock By: City Attorney (Title) * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Page Intentionally Left Blank PERFORMANCE BOND Pate Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Veit National Corporation (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Six Hundred Seventy -Eight Thousand Six Hundred Seventy -Eight Dollars $678 678) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9" day of April, 2024, to RFP 24-17930-TF 1017 East 29th Street Site Demolition Services and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of , 2024. Surety * By (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Page Intentionally Left Blank CERTIFICATE OF INSURANCE Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY LJ Commercial General Liability General Aggregate $ LJ Claims Made Products-Comp/Op AGG $ LJ Occurrence Personal & Adv. Injury $ LJ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY LJ Any Auto Combined Single Limit $ LJ All Owned Autos Bodily Injury (Per Person) $ LJ Scheduled Autos Bodily Injury (Per Accident) $ LJ Hired Autos Property Damage $ LJ Non -Owned Autos LJ GARAGE LIABILITY LJ Any Auto Auto Only - Each Accident $ LJ Other than Auto Only: Each Accident $ Aggregate $ LJ BUILDER'S RISK LJ 100% of the Total Contract Price $ LJ INSTALLATIONELOATER $ EXCESS LIABILITY LJ Umbrella Form Each Occurrence $ Aggregate $ LJ Other Than Umbrella Form $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY The Proprietor/ LJ Included Statutory Limits Partners/Executive LJ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) ma Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (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 ten (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: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 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 512-305-7238 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 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) 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: (i) a certificate of coverage, prior to the other person beginning work on the project; and (n) 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; (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 (ten) 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 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. 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) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its 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. Page Intentionally Left Blank CONTRACT Page Intentionally Left Blank Contract 17930 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9'h day of A ril, 2024 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Veit National Cor�oration of the City of Alvarado, County of Johnson and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 24-17930-TF 1017 East 29th Street Site Demolition Services and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Veit National Cornoration's proposal dated March 6, 2024, is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. T'he OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with rhe proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN�TNESS VVI�REOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. t' )NTRACTOR: � it National Corporation t�y:` �, N�TED NAME: Tim Bixler `��E: President � �?'KPLETE ADDItESS: � e National Corporation �? 4 S� 35W Suite C `��ti'arado, TX 76009 AI I�,ST: CITY OF TEXAS (OWNER): By: Tray Pa , ayor ATTES� '• Courtne az, City Secretary APPROVED AS TO C TENT: Com mty Deve opment Representative � V' i �l �,�G.�, ,t� Name (Printed) Da e APPROVED AS TO FORM: epu orney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, 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 Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit Veit National Corporation who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative David Robertson, Community Development Assistant Director, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Response, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 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 the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES 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 five copies of all Plans and Specifications without expense to Contractor and Contractor 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 or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are 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 its 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 Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that 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 shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's 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 itself 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 affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to 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 work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons 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 workers or equipment will be permitted only at such places as the Owner's Representative shall consent or 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 Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all 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 such work is in preparation or progress. Contractor shall ascertain the scope of any observation that 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 such 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 Representative has previously accepted the work. If any such 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 such 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 borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and 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 the contract documents 22 23 to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. DEFECTS AND THEIR REMEDIES It is expressly 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 Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 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. hi 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 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 proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation 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 lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its 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 Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, 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) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 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 its 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 AND GENERAL INDEMNITY 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, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its 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) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its 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. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. Commercial General Liability Requirements: $500K/occurrence (can be combined with an Excess Liability to meet requirement). Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automobile Liability Requirements: $500K/occurrence Employer Liability Requirements: $500K/occurrence Workers Compensation: $500K/occurrence. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1) is required with Workers Compensation. Pollution Liability Requirements: $500K occurrence/$IM aggregate * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment. * Carriers must meet an A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. 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 Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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 proj ect; (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 one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete proj ect. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (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 proj ect; 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 Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text 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 or 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 800-372-7713 or 512-804-4000 (www.tastate.tx.us) to receive information of the legal requirements 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 aproject, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the proj ect; (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 following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting 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."; (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 (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (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 Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter 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. 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. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 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 affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. 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 obj ects 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. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $25 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $25 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. 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 its work in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its 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. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workers, or any other cause or occurrence. 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 sole 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, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities not exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS 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, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, 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. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. 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: (i) in the event the total value of the contract is five million dollars or more, 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 the contract documents; or (ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount thereof, which percentage shall be retained until final payment, and further, less all previous payments and all further sums may be retained by Owner under the terms of the contract documents ("Retainage"). If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract, the Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in this section pertaining to the Contractor. Contractor shall likewise require any subcontractor it engages to comply with section 2252.032 of the Texas Government Code. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within fifteen (15) calendar days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. The work will be deemed substantially complete when the work (or a specified portion thereof) has progressed to the point where, in the opinion of the Owner or Owner's Representative, the work (or a specified portion thereof) is sufficiently complete, in accordance with all the contract documents, including the Proposal and all applicable technical specifications, so that the work (or a specified portion thereof) can be utilized for the purposes for which it is intended without unscheduled disruption. Owner may, in its sole discretion, release all or a portion of the Retainage upon Owner's receipt of the certificate of substantial completion for all of the work or a specified portion thereof. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion 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 contract documents and/or any warranty or warranties implied by law or otherwise. Owner may, in its sole discretion, release all or a portion of the Retainage for fully completed and accepted portions of the work. Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute between Owner and Contractor according to section 2252.032(f) of the Texas Government Code. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. 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 but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. .R M The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor 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 certification of final completion by Owner's Representative. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. CLAIM OR DISPUTE 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) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non- compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , 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 the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of persons 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 its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, 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. 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. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 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, if applicable, 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 certification 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, 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, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. 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 that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is 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 Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. 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. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, man-made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its 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 Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. 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 Contractor shall remove all such debris and also its 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. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 60. LABOR CODE CHAPTER 214 Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the person directly retains and compensates for services performed in connection with the contract. (b) In this subsection, "subcontractor" means a person directly retained and compensated by a person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code. A subcontractor shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the subcontractor directly retains and compensates for services performed in connection with the contract for which the subcontractor is retained. (c) A person who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the person has not properly classified. (d) The commission may not take action to collect a penalty under this section from a person after the third anniversary of the date on which the violation occurred. 61. CERTIFICATE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: https://c i.lubbock.tx.us/departments/purchasing/vendor-information 62. TEXAS GOVERNMENT CODE SECTION 2252.152 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 63. TEXAS GOVERNMENT CODE SECTION 2271.002 Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 64. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 65. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 66. CONFIDENTIALITY The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 67. INDEMNITY The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 68. PROFESSIONAL RESPONSIBILITY All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. 69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C (b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with whom the contractor enters into a contract the existence of any known defect in the plans, specifications, or other design documents that is discovered by the contractor, or that reasonably should have been discovered by the contractor using diligence, before or during construction. In this subsection, ordinary diligence means the observations of the plans, specifications, or other design documents or the improvement to real property that a contractor would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal circumstances. Ordinary diligence does not require that the contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person with specialized skills. A disclosure under this subsection is made in the contractor's capacity as contractor and not as a licensed professional under Title 6, Occupations Code. (c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the consequences of defects that result from the failure to disclose. 70. GOVERNMENT CODE 2251.0521 UNSIGNED CHANGE ORDER (a) A contractor or subcontractor may elect not to proceed with additional work directed by a governmental entity if: (1) the contractor or subcontractor has not received a written, fully executed change order for the governmental entity -directed additional work; and (2) the aggregate actual or anticipated value of the additional work plus any previous governmental entity -directed additional work for which the contractor or subcontractor has not received a written, fully executed change order exceeds 10 percent of the contractor 's or subcontractor 's original contract amount. (b) contractor or subcontractor who elects not to proceed with additional work as provided by this section is not responsible for damages associated with the election not to proceed. DAVIS BACON WAGE DETERMINATIONS EXHIBIT A "General Decision Number: TX20240280 01/05/2024 Superseded General Decision Number: TX20230280 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. Executive Order 13658 generally applies to the contract. The contractor must pay alli covered workers at least $12.90 per hour (or the applicable wage rate listedi on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 BOIL0074-003 07/01/2023 Rates Fringes BOILERMAKER ......................$ 37.00 24.64 ---------------------------------------------------------------- CARP0665-001 01/01/2022 Rates Fringes CARPENTER ........................$ 24.98 7.83 ---------------------------------------------------------------- ELEC0602-008 09/01/2022 Rates Fringes ELECTRICIAN ......................$ 26.07 12.63 ---------------------------------------------------------------- ENGIO178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane .............$ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under ..............$ 32.35 13.10 IRON0084-011 06/01/2023 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 27.51 8.13 ---------------------------------------------------------------- IRON0263-003 06/01/2023 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 27.89 7.93 ---------------------------------------------------------------- PLUM0404-001 09/01/2022 Rates Fringes PLUMBER ..........................$ 28.64 10.65 ---------------------------------------------------------------- SHEE0049-001 06/01/2022 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only) ...............$ 26.72 12.13 ---------------------------------------------------------------- SUTX2014-060 07/21/2014 Rates Fringes BRICKLAYER .......................$ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER...$ 19.60 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 ** 0.00 LABORER: Common or General......$ 12.35 ** 0.00 LABORER: Mason Tender - Brick...$ 11.36 ** 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 ** 0.00 LABORER: Pipelayer..............$ 12.49 ** 2.13 LABORER: Roof Tearoff...........$ 11.28 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 14.25 ** 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 13.93 ** 0.00 OPERATOR: Bulldozer .............$ 18.29 1.31 OPERATOR: Drill .................$ 16.22 ** 0.34 OPERATOR: Forklift ..............$ 14.83 ** 0.00 OPERATOR: Grader/Blade..........$ 13.37 ** 0.00 OPERATOR: Loader ................$ 13.55 ** 0.94 OPERATOR: Mechanic ..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 ** 0.00 OPERATOR: Roller ................$ 12.70 ** 0.00 PAINTER (Brush, Roller, and Spray) ...........................$ 14.27 ** 0.00 ROOFER ...........................$ 13.75 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 21.13 6.53 TILE FINISHER ....................$ 11.22 ** 0.00 TILE SETTER ......................$ 14.00 ** 2.01 TRUCK DRIVER: Dump Truck........$ 12.39 ** 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................$ 12.50 ** 0.00 TRUCK DRIVER: Water Truck.......$ ---------------------------------------------------------------- 12.00 ** 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" EXHIBIT B & C City of Lubbock Overtime Legal Holiday Prevailing Wage Rates The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank SPECIFICATIONS Page Intentionally Left Blank INTRODUCTION Through this Request for Proposals (RFP), the City of Lubbock (City) seeks proposals from qualified building demolition contractors to assist in the complete and removal of debris associated with the site. Contractor shall demolish all buildings, structures, facilities, and other debris (including brush) that comprise the Property, and completely remove same from the site. Contractor shall perform demolition operations in accordance with all applicable laws and regulations. Remove and haul asbestos contaminated building material and concrete foundations using National Emissions Standards for Hazardous Air Pollutants (NESAHP) methods to appropriate landfill. Contractor will need to have certification for National Emission Standards for Hazardous Air Pollutants (NESHAP). Contractor must have a licensed for hazardous waste transportation, trucks preapproved to transport hazardous waste. Debris includes all materials associated with the structures, improvements and foundations located at 1017 East 29th Street Lubbock, Texas. Backfill may be required to leave a clean level lot. The City can accept this waste with certain restrictions that will need to be met to satisfy the City of Lubbock Solid Waste Landfill requirements. If you are not using the City of Lubbock please provide where waste is being transported. Contractor shall limit hours of operation, including staging and set up, to Monday through Friday during the hours of 8:00 a.m. to 6:00 p.m. Special hours of operation outside the normal hours must be approved in advance by the Owner's Representative. Contractor shall limit noise pollution at all times to prevent objectionable conditions. SCOPE OF WORK: This Scope of Work includes the following components with respect to the Property: A. Completely dismantle and demolish all of the structures and improvements located on said parcels not within the public right of way. B. All utilities, including sanitary sewer outlets, shall be capped after the structures has been removed. C. Contractor will be responsible for locating, marking, and protecting all utilities. D. Septic tanks, storm cellars, etc. shall be filled with authorized fill material and need not be removed. E. Contractor shall utilize wet demolition techniques during all demolition work at the site. F. Contractor shall ensure that no visible emissions (visible dust) are created during the project. All debris loads leaving the premises shall be covered with a tarpaulin or sprayed with water to minimized dust loss during transportation. AUTHORIZED PERMITS: A. Before starting demolition, the Owner, Agent or Contractor must secure a Demolition Permit from the Building inspection Department, located on the 1st floor of the Lubbock Citizens Tower, 1314 Avenue K, Lubbock, TX 79401, telephone: (806) 775-2087. B. Before starting demolition, the Owner, Agent or Contractor must assure all utilities are disconnected. C. Improvements shall not be moved to or reassembled in any other or new location unless approved by the Owner's Representative. REMOVAL: A. Removal of all material, debris, other improvements (i.e. fences, etc.) from said parcel or parcels and any structure thereon so that the property will be cleared of all such improvements. All debris will be removed and properly disposed of offsite. B. If applicable, underground fuel tanks shall be removed from site; excavation shall be filled with authorized fill material of adequately compacted earth. AUTHORIZED FILL MATERIAL: A. Shall be free of all organic materials, including wood, upholstery or bedding materials, cloth, paper, trash etc. B. Concrete, stone or brick masonry assemblies, etc. are permitted in fill if this material and other rubble are covered with earth, permitting a use of more of a raked -clean condition (Suggest two (2) feet topsoil). FINISHED SITE: A. The ground shall be left in a clean (raked) condition and without any debris, trash etc.; and suitable for maintenance by others. B. The site shall be graded to provide adequate drainage; ponding of water will not be permitted. PRE -DEMOLITION REQUIREMENTS: A. Contractor MUST schedule a meeting with the Owner's Representative at the jobsite, prior to the execution of a Notice to Proceed. B. Once a Notice to Proceed has been issued to the contractor, the contractor shall provide the Owner's Representative 48-hour advance notice prior to commencing work. Landfill Disposal: Contractor shall transport all demolished materials off -site and legally dispose of them. Contractor must supply the Town with copies of all landfill and disposal receipts. All materials will have to go to Canyon or Snyder for dumping. QUALITY ASSURANCE: Contractor shall comply with all applicable EPA, state and local notification regulations before starting demolition. Contractor shall comply with hauling and disposal regulations of authorities having jurisdiction; all other codes, standards, regulations, and workers' safety rules that are administered by federal agencies (EPA, OSHA, and NHDOT) or state agencies (NHDES, etc.); and any other local regulations and standards (i.e. building and health & safety codes) that may apply. The demolition contractor must secure all local permits. By submitting a proposal, Contractor affirms that they have familiarized themselves with the legal requirements (federal, state, and local laws, ordinances, rules and regulations) and other conditions which may affect performance of this Scope of Work. Notice: The City of Lubbock reserves the right to remove any fixtures or personal property from the premises prior to demolition of the structure. Award of a contract for demolition does not automatically entitle an owner, agent, or contractor to possession of property which is present in the structure at the time the contract is awarded. Page Intentionally Left Blank Parking Pharr ~ =ties = - ATMs a - ju learuy Send to Shake � bock. 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