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Home My WebLink AboutResolution - 2019-R0409 - Intercon Demolition - 11_19_2019Resolution No. 2019-RO409 Item No. 6.10 November 19, 2019 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, Public Works Contract No. 14972 for 50`h Street Tank Demolition as per ITB 20-14972-TF, by and between the City of Lubbock and Intercon Demolition of Lubbock, 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 November 1.9, 2019 L.- - DANIEL M. POPE, MAYOR E-11 449 4. jV — eb ca Garza, City Secreta APPROVED AS TO CO ''ENT: Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: ft-lhj� — Ke li Leisure, Assistant City Attorney ccdocs?RES.Contract 14972 - 501h Street Tank Demolition October 31, 2019 BOND CHECK BEST RATING: _______ LICENSED IN TEXAS DATE: ______ BY: ______ CONTRACT AWARD DATE: November 19, 2019 CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE CITY OF LUBBOCK SPECIFICATIONS FOR 50th Street Tank Demolition ITB 20-14972-TF CONTRACT 14972 PROJECT NUMBER: 92452.9241.30000 Plans & Specifications may be obtained from www.bidsync.com Page Intentionally Left Blank ADDEND80 Page Intentionally Left Blank ADDENDUM 1 Time for Completion/Revised Bid Form/Reference Form/Reports ITB 20-14972-TF 50th Street Tank Demolition DATE ISSUED: October 22, 2019 CLOSE DATE: October 31, 2019 at 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Time for Completion / Revised Bid Form The following items on the Bid Form have been revised and must be submitted with the response. The revised Bid Form is attached to this addendum. Please acknowledge reception of this addendum on the signature page of the Revised Bid Form. The following items have been revised: 1. Time for completion has been modified: 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 30 Consecutive calendar Days and to finally complete the project within 45 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 $200 for each consecutive calendar day after substantial completion and $200 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. Reference Form 1. The reference form for ITB 20-14972-TF is attached. Reports 1. The Tank Inspection Report and Tank Paint Report are attached. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFlores@mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, Teofilo Flores 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 bids. It shall be the bidder’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 ITB 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 BID SUBMITTAL FORM LUMP SUM PRICE BID CONTRACT DATE: _______________________________________ PROJECT NUMBER: ITB 20-14972-TF, 50th Street Tank Demolition Bid of ___________________________________________________________________ (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the 50th Street Tank Demolition, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE TOTAL LUMP SUM 1. Mobilization - Contractor mobilization including move-in and move-out cost from site location. 1 LS 2. Provide and maintain a Traffic Control Plan - Preparation, approval from COL Traffic Engineering to the site, and all other work considered incidental to this item. 1 LS 3. Demolition of an elevated 1,000,000 gallon storage tank, on 50th Street and Joliet Avenue in Lubbock, TX including all equipment, labor, and materials needed. 1 LS 4. Foundation Removal including all equipment, labor, and materials needed - Foundation removal including tank foundation piers, concrete slab, concrete piers, and concrete overflow drainage. Existing surface features such as the concrete slab and piers are also to be removed. 1 LS 5. Fence Removal including all equipment, labor, and materials needed - Fence surrounding the area of the tank is to be removed. Fence materials include chain-link, brick, wood, and gate. Fence posts with concrete are both to be removed. 1 LS REVISED ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT OF MEASURE TOTAL LUMP SUM 6. 24" SCRC Water Line Removal including all equiment, labor, and materials needed - Removal of a 24-inch diameter Steel Cylinder Reinforced Concrete water line; Length of 65 feet. 1 LS Total Base Bid, Items (1-6) $ 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 30 Consecutive calendar Days and to finally complete the project within 45 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 $200 for each consecutive calendar day after substantial completion and $200 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 70 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him _____________ Bidder’s Initials REVISED Enclosed with this bid is a Cashier's Check or Certified Check for _________________________________ Dollars ($___________) or a Bid Bond in the sum of _________________________________ Dollars ($___________), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATTEST: _________________________________________ Secretary Bidder acknowledges receipt of the following addenda: Addenda No. _______ Date_________ Addenda No. _______ Date_________ Addenda No. _______ Date_________ Addenda No. _______ Date_________ FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Date: Authorized Signature ______________________________________ (Printed or Typed Name) _____________________________________ Company ______________________________________ Address _____________________, ________________ City, County _____________________, ________________ State Zip Code Telephone: ______ - _____________________ Fax: - FEDERAL TAX ID or SOCIAL SECURITY No. ____________________________________________ EMAIL: _____________________________________ Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. City of Lubbock, TX ITB 20-14972-TF 50th Street Tank Demolition Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers users of similar size and scope of work. Please do not use the City of Lubbock. REFERENCE ONE Government/ Company Name: _________________________________________________________ Address: ___________________________________________________________________________ Contact Person and Title: _____________________________________________________________ Phone: ______________________________________Fax:__________________________________ REFERENCE TWO Government/ Company Name: _________________________________________________________ Address: ___________________________________________________________________________ Contact Person and Title: _____________________________________________________________ Phone: ______________________________________Fax:__________________________________ REFERENCE THREE Government/ Company Name: _________________________________________________________ Address: ___________________________________________________________________________ Contact Person and Title: _____________________________________________________________ Phone: ______________________________________Fax:__________________________________ Analytical Results ProQuality Lab Your Resource for Laboratory Solutions 659 Henderson Dr. Suite H Cartersville, GA 30120 Phone: 770-382-4400 Fax: 770-382-4408 12/10/2018 EPA ID: GA01200 Utility Service Co, Inc Lara Anderson P.O. Box 1330 Perry, GA 31069 Lubbock Tank, 1MG Elev, Wolfforth, TXProject: 43357 Legs Steven Todd ST 2018-10 Exterior Lab Sample ID: Description: Sample ID: Units Analyst Analysis DateMethodResultAnalyte Detection Limit Sampled By: 11/13/2018Sample Date: PO Number: PQ- Chromium (Cr)EPA 6010B ND mg/kg RAR12/7/201850 Lead (Pb)EPA 6010B 186 mg/kg RAR12/7/2018100 Respectfully Submitted, ProQuality Lab by: Laboratory Case Narrative ND = Not Detected above the Detection Limit All QA/QC data quality objectives were met on this project. Page 1 of 1 CSG July 16, 1996 Mr. Soo Koon Soon, P.E. Water Utilities Division City of Lubbock P.O. Box 2000 Lubbock, Texas 79401 RE: Elevated Tank at 50th and Joliet Dear Sir: Regarding the referenced project, abrasive blasting operations to remove paint from the tank were completed on June 17, 1996. Boundary sampling and personal exposure sampling were conducted utilizing the techniques described in the project specifications. Results of sampling are enclosed with this letter. The low flow sampling technique utilized for boundary sampling identified the daily exposure potential of an individual at the each pump location to be below 30 µg/m' , the target limit identified in the specifications. Regarding the personal exposure sampling, the field conditions, the limited number of blasting days, the variety of blasting techniques, the range of daily tasks performed by the blaster, and other impact conditions, made it difficult to obtain true 8-hour personal exposure samples representing the greatest potential airborne concentrations (worst case exposure) for each of the on -site tasks. However, in my opinion, the types of respiratory protection utilized for the vacuum -assist and wet abrasive blasting were adequate. In summary, sampling was performed utilizing the techniques described in the project specifications. No conclusions regarding areal environmental impacts from the results of low flow boundary sampling. Sincerely yours, Raymond C. Vaughn, P. ., CIH, CSP Vice President enclosures copies: file Gary Johnson, TMI Coatings COMPLIANCE SERVICES GROUP, INC. Engineers & Scientists 7B19 University, Suite 2A [BOB] 748-0040 Lubbock, Texas 79423-212B FAX [BOB] 74B-0030 BOUNDARY SAMPLE LOG - page 1 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Time Concentration 0110-01 01/10/96 4.980 I/min 240 min BDL Location: SW corner of property; Analytical Method: NIOSH 7082, Flame AA 0110-02 01/10/96 5.120 l/min 240 min BDL Location: N fenceline of property; Analytical Method: NIOSH 7082, Flame AA 0115-04 01/15/96 4.769 l/min 441 min 1 µg/m' Location: Upwind (S); Analytical Method: NIOSH 7082, Flame AA Comment: Sample was taken adjacent to 50th Street (15 feet from the passing traffic) with the wind blowing into the sampling cassette; likely represents automobile exhaust lead deposits stirred by passing traffic. 0115-05 01/15/96 5.234 I/min 445 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0115-06 01/15/96 T3 l/min 391 min 448 µg/m3 Location: Base of shroud along seam opening; Analytical Method: NIOSH 7082, Flame AA Comments: This sample cassette was overloaded and is statistically invalid. 0129-04 01/29/96 8.462 l/min 335 min TBDL Location: Upwind (SE); Analytical Method: NIOSH 7082, Flame AA 0129-05 01/29/96 8.529 I/min 328 min BDL Location: Downwind (NW); Analytical Method: NIOSH 7082, Flame AA 0206-01 02/06/96 3.868 l/min 254 min BDL Location: Upwind (SW); Analytical Method: NIOSH 7082, Flame AA 0206-02 02/06/96 7.110 I/min 238 min BDL Location: Downwind (NE); Analytical Method: NIOSH 7082, Flame AA Comments: Variation between initial flow and final flow indicative of a problem with the flow contol valve. 0206-03 02/06/96 3.861 l/min 270 min BDL Location: Upwind (SW) fenceline; Analytical Method: NIOSH 7082, Flame AA 0212-07 02/12/96 5.060 l/min 258 min BDL Location: Upwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0212-08 02/12/96 5.5.06 I/min 252 min 3 µg/m' Location: Downwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported; all results were below detectable limits (BDL). BOUNDARY SAMPLE LOG - page 2 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Time Concentration 0223-05 02/23/96 7.67 Umin (err) 355 min BDL Location: Upwind (SW); Analytical Method: NIOSH 7082, Flame AA Comments: (1) The pump flow rate was reported in error and should have been 3.829 Umin; (2) There was an excessive variation between initial and final flow determined for the pump. 0223-06 02/23/96 4.840 Umin (err) 353 min BDL Location: Downwind (NE); Analytical Method: NIOSH 7082, Flame AA Comments: There was an excessive variation between initial and final flow determined for the pump. 0310-03 03/10/96 4.419 Umin 370 min BDL Location: Upwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0310-04 03/10/96 4.754 Umin 370 mn BDL Location: Downwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0313-02 03/13/96 2.816 I/min 120 min BDL Location: Upwind (E) fenceline; Analytical Method: NIOSH 7082, Flame AA Note: There is no corresponding downwind sample due to battery failure on the downwind pump. 0319-01 03/19/96 T.442 Umin F183 min BDL Location: Downwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0319-02 03/19/96 3.097 Umin 180 min BDL Location: Upwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0320-01 FO3/20/96 2.242 Umin 563 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0320-02 03/20/96 3.404 Umin 601 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0321-01 FO3/21/96 2.385 Umin F450 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA --T03/21/96 0321-02 3.342 Umin 450 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0322-01 03/22/96 3.747 Umin 415 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported; all results were below detectable limits (BDL). BOUNDARY SAMPLE LOG - page 3 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Time Concentration 0322-02 03/22/96 2.834 Umin J 415 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0331-01 03/31/96 T2--229Ymin 602 min 3 µg/m3 Location: Upwind (NW); Analytical Method: NIOSH 7082, Flame AA Comments: Sample was taken by a dumpster at the gate entrance to the project site and adjacent to the a side street with considerable traffic; wind was blowing from the NW (the street area) directly into the immediate path of the sample cassette which was located less than 20 feet from the street area; likely represents the measureable presence of automobile exhaust lead deposits in the street which were being stirred up by passing traffic and blown by the wind; similar result was recorded on 01/15/96 for Sample 40115-04. 0331-02 03/31/96 2.950 Vmin 600 min BDL Location: Downwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0408-01 04/08/96 2.916 Umin 230 min BDL Location: Upwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0408-02 04/08/96 2.856 Umin 230 min BDL Location: Downwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0409-01 04/09/96 2.857 Vmin 375 min BDL Location: Upwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0409-02 04/09/96 2.898 Umin 375 min BDL Location: Downwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0415-01 04/15/96 2.825 Umin 210 min BDL Location: Upwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0415-02 04/15/96 3.184 Umin 210 min BDL Location: Downwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0426-01 04/26/96 3.306 Umin 255 min BDL Location: Upwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0426-02 04/26/96 3.015 Umin 255 min BDL Location: Downwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported; all results were below detectable limits (BDL). BOUNDARY SAMPLE LOG - page 4 Elevated Water Tank - 50th & Joliet, Lubbock, TX 0502-01 05/02/96 3.283 I/min 364 min BDL Location: Upwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0502-02 05/02/96 T3-816 I/min 364 min BDL Location: Downwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0507-01 05/07/96 3.677 Umin 483 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0507-02 05/07/96 3.321 I/min 480 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0508-01 05/08/96 2.841 Umin 550 min T4 µg/m' Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0508-02 05/08/96 2.828 I/min 550 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0520-01 05/20/96 3.063 I/min 418 min BDL Location: Downwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0520-02 05/20/96 3.129 I/min422 min BDL Location: Upwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA 0521-01 05/21/96 3.494 I/min 485 min BDL Location: Upwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0521-02 05/21/96 3.573 I/min 482 min BDL Location: Downwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA ----7-05/22/96 0522-01 3.089 Umin 491 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA, 0522-02 05/22/96 3.103 I/min 540 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0523-01 05/23/96 2.732 I/min 491 min BDL Location: Upwind (S) fenceline; Analytical Method: NIOSH 7082, Flame AA Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported; all results were below detectable limits (BDL). BOUNDARY SAMPLE LOG - page 5 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Time Concentration 0523-02 05/23/96 2.522 Umin 530 min BDL Location: Downwind (N) fenceline; Analytical Method: NIOSH 7082, Flame AA 0524-01 05/24/96 2.759 Umin 540 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0524-02 05/24/96 2.694 Umin 540 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0527-01 05/27/96 2.518 Umin 430 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0527-02 05/27/96 2.807 Umin 430 min J BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0529-01 05/29/96 2.669 Umin 480 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0529-02 05/29/96 3.335 Umin 480 min 1 µg/m, Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0601-01 06/01/96 2.923 Umin 420 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0601-02 06/01/96 3.083 Umin 420 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0603-01 06/03/96 3.017 Umin 435 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0603-02 06/03/96 T2.760 Umin 435 min BDL Location: Downwind; Analytical Method NIOSH 7082, Flame AA 0604-01 06/04/96 2.936 Umin 245 min BDL Location: Upwind; Analytical Method NIOSH 7082, Flame AA 0604-02 06/04/96 3.222 Umin 245 min BDL Location: Downwind; Analytical Method NIOSH7082, Flame AA Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported; all results were below detectable limits (BDL). BOUNDARY SAMPLE LOG - page 6 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Time Concentration 0605-01 06/05/96 2.859 ]/min 554 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0605-02 06/05/96 2.822 ]/min 554 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0606-01 06/06/96 2.500 ]/min 569 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0606-02 06/06/96 2.633 I/min 569 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0607-01 06/07/96 2.734 ]/min 360 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0607-02 06/07/96 2.779 ]/min 360 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA -7 0608-01 06/08/96 2.718 l/min 305 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0608-02 06/08/96 2.822 I/min 305 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0610-01 06/10/96 2.685 I/min 415 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0610-02 06/02/96 2.685 ]/min 415 min --[BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0611-01 06/11/96 2.700 ]/min 473 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0611-02 06/11/96 T2-689 I/min 474 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0612-01 06/12/96 2.715 I/min 461 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported; all results were below detectable limits (BDL). BOUNDARY SAMPLE LOG - page 7 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Tune Concentration 0612-02 06/12/96 2.736 I/min 416 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0613-01 06/13/96 2.806 I/min 449 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0613-02 06/13/96 2.668 I/min 449 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0614-01 06/14/96 2.667 Umin 307 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0614-02 06/14/96 2.953 I/min 307 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA 0617-01 06/17/96 2.597 Umin 353 min BDL Location: Upwind; Analytical Method: NIOSH 7082, Flame AA 0617-02 06/17/96 T,811 Umin 353 min BDL Location: Downwind; Analytical Method: NIOSH 7082, Flame AA Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported; all results were below detectable limits (BDL). PERSONAL EXPOSURE SAMPLING LOG - page 1 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Time Concentration Individual Soc. Sec. Number 0115-01 01/15/96 2.065 I/min 412 min 1881 µg/m' Craig Johnson 477-90-3369 01 15-02 01/15/96 2.043 I/min 391 min 1377 µg/m' Bruce Cook 394-60-8888 Location: Personal exposure samples within the shroud containment; Job Function: Abrasive Blasters; Respirator Utilized: Bullard 77 Series CF Hood Comments: Each sample cassette demonstrated gross overloading due to an extensive capture of coarse blasting dust. Sampling was a very messy process with the blaster, hood, pump and cassette covered with a heavy layer of the wet abrasive blasting media. Approximately %z of the sampling time was spent in the blasting process. The samples demonstrated a high capture of lead but are not statistically valid due to overload condition. 0129-03 01/29/96 2.121 I/min 115 min 25 pg/m' Simulation None Location: Experimental sample within the shroud containment to simulate a personal exposure during a 2-hour period when blasting was conducted sporadically; Job Function: Abrasive Blaster; Respirator Utilized: Bullard 77 Series CF Hood. 0130-03 01/30/96 2.142 I/min 381 min 74 µg/m' Rick Galley 471-62-2855 Location: Personal exposure sample within the shroud containment; Job Function: Abrasive Blaster; Respirator Utilized: Bullard 77 Series CF Hood Comments: This sample was taken during the application of an alternative wet blasting method; cassette overload did not occur. 0212-03 02/12/96 2.110 I/min 159 min 77 µg/m' Dan Jacob 473-84-8808 0212-04 02/12/96 2.142 I/min 88 min 74 µg/m' Bill Arndt 433-80-3469 0212-05 02/12/96 2.084 I/min 120 min 64 µg/m' Dan Jacob 473-84-8808 0212-06 02/12/96 2.099 I/min rl 14 min 18 µg/m' Bill Arndt 433-80-3469 Location: Personal exposure sample within the shroud containment; Job Function: Abrasive Blaster; Respirator Utilized: Bullard 77 Series CF Hood Comments: Approximately % of the sampling time was spent in the blasting process. None of the cassettes demonstrated overloading, the deposits in the cassettes appeared to be dry, and the amount of wet abrasive dust deposited on the blaster, hood, pump, and cassette was minimal in comparison to the previous sampling episodes. Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported on this form; all blank results were below detectable limits (BDL). PERSONAL EXPOSURE SAMPLING LOG - page 2 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Time Concentration Individual Soc. Sec. Number 0223-01 02/23/96 2.106 Umin 242 min 783 µg/m' Dan Jacob 473-84-8808 Location: Personal exposure sample within the shroud containment; Job Function: Abrasive Blaster; Respirator Utilized: Bullard 77 Series CF Hood Comments: Good sample collection with approximately 2-1/2 hours of the total time spent in blasting. 0223-02 02/23/96 2.100 I/min 241 min 494 µg/m' Bill Arndt 433-80-3469 Location: Personal exposure sample within the shroud containment; Job Function: Abrasive Blaster; Respirator Utilized: Bullard 77 Series CF Hood Comments: The internal filter and sampling line of the pump demonstrated contamination indicating a tubing leak at the connection to the pump. It is likely that the sample understates the exposure level. 0313-01 03/13/96 2.032 I/min 69 min 392 EIg/m' Bill Arndt 433-80-3469 Location: Personal exposure sample within the shroud containment; Job Function: Abrasive Blaster; Respirator Utilized: Bullard 77 Series CF Hood. Comments: Good sample collection with the bulk of time spent in blasting. 0320-03 03/20/96 1.953 I/min 253 min 527 µg/m' Simulated None Location: An area sample taken inside the containment for the purposes of simulating and verifying prior personal exposure sampling over a similar timeframe; Comments: The recorded concentration closely matches prior personal sample results over a similar period of time for the same blasting pattern. 0331-03 03/31/96 1.916 I/min 603 min 691 ilg/m' Simulated None Location: An area sample taken just inside the shroud at the entrance area to simulate the worst case exposure for an individual entering and leaving the shroud during blasting to assist the blasters; Comments: Sample cassette demonstrated overloading due to the excessive capture of coarse blasting dust and is not statistially valid; sample was taken during a blasting day of ten 8 hours with the overloaded results similar in outcome and magnitude to a boundary sample taken just along a leaking seam of the shroud on 01/15/96 (Sample #01 15-06). 0507-03 05/07/96 1.963 I/min 185 min BDL Bill Arndt 443-80-3469 Location: Personal exposure sample on the top of the tank; Job Function: Blaster (IPEC vacuum blast); Respirator Utilized: Half -Face with HEPA filters. Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported on this form; all blank results were below detectable limits (BDL). PERSONAL EXPOSURE SAMPLING LOG - page 3 Elevated Water Tank - 50th & Joliet, Lubbock, TX Sample Number Sample Date Flow Rate Elapsed Time Concentration Individual Soc. Sec. Number 0507-04 05/07/96 1.941 I/min 304 min 12 µg/m' Bill Arndt 443-80-3469 Location: Personal exposure sample on the top of the tank; Job Function: Blaster (IPEC vacuum blast); Respirator Utilized: Half -Face with HEPA filters. Notes: (1) Sampling pump volumetric flow rates were based upon an average of the calibrated initial and final flows. No adjustments were taken to compensate for flow variations associated with elevation, changes in outside temperature or barometric pressure. (2) No blank sample results were reported on this form; all blank results were below detectable limits (BDL). CORROSION - CONTROL - CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT Thursday, January 25, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 1 / 16196 7619 University Avenue, Suite 2A DATE COMPLETED: 1/17/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 10794 SAMPLE HISTORY SAMPLED BY: Raymond Vaughn JOB LOCATION: Lubbock, TX G METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 13140 412 2.065 Lead Cassette # 0115-01, Blaster 13141 391 2.043 Lead Cassette # 0115-02, Blaster 13142 441 4.769 Lead Cassette # 0115-04, Area, Up 13143 445 5.234 Lead Cassette # 0115-05, Area, Down 13144 391 3.824 Lead Cassette # 01 15-06, Base 13145 240 4.98 Lead Cassette # 0110-1 13146 240 5.12 Lead Cassette # 0110-2 " Below Detectable Limit Analyte Conc. detection limit = 2.0 ug DATE SAMPLED: DESCRIPTION: Air Monitor Cassette Filters Operating Anal)rte Airborne Detection Flagged Conc. Cone. Limits Data 1600ug 1881 ug/m3 2.4ug/m3 9 1100ug 1377 ug!m3 2.5 ug/m3 9 2.2ug 1 ug,'m3 1.0ug/m3 *BDL *BDL 0.90ug'm3 670ug 448 ug/m3 1.3 ug!tn3 9 *BDL *BDL 1.7 ug/m3 *BDL *BDL 1.6 ucr/m 3 RECEIVED FEB 1 1656 COMPLIANCE SERVICES GROUP, INC. TEST REVIEWED BY : !� - 1, Q C 4403 DONKER CT. - KENTWOOD, MI 49512-4054 - 616-940-3112 - FAX: 616-940-8139 CORROSION - CONTROL - CONSULTANTS * AND LABS, INC. ANALYTICAL REPORT Wednesday, January 31, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 1/30/96 7619 University Avenue, Suite 2A DATE COMPLETED: 1/31/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 10824 SAMPLE HISTORY SAMPLED BY: Clark DeLauan JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time FloNv Rate Number (min.) (L/min.) Element 13255 439 2.187 Lead Cassette # 0129-01 13256 434 2.117 Lead Cassette # 0129-oL 13257 115 2.081 Lead Cassette # 0129-0� 13258 335 8.462 Lead Cassette # 0129-0.4 13259 328 8.529 Lead Cassette # 0129-0 - 13260 320 - 6 Lead Cassette # 0129-04 I * Below' Detectable Limit Below Conc. detection limit = 2.0 ug I TEST REVIEWED BY Analyte Conc. *BDL *BDL 6.0 ug * BDL *BDL *BDL DATE SAMPLED: 1/29/96 DESCRIPTION: Air Monitor Cassette Filters Airborne Conc. *BDL Operating Detection Flagged Limits Data 2.1 ug/m3 *BDL 2.2 ug/m' 25 ug/m3 8.4ug/m3 *BDL 0.71 ug/m3 *BDL *BDL 0.72 ug/m3 1.0 ug/m 3 RECEIVED FEB 51gc36 COMPLIANCE SERVICES GROUP, INC. 4403 DONKER CT. - KENTWOOD, MI 49512-4054 - 61b--940-3112 • FAX: 616-940-8139 CORROSION - CONTROL - CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT Thursday, February 01, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 1/31/96 7619 University Avenue, Suite 2A DATE COMPLETED: 2/1/96 Lubbock, TX 79423-2126 P.O.# / PROJ. # : 14290 INVOICE #: 10827 SAMPLE HISTORY SAMPLED BY: Clark DeLauan DATE SAMPLED : 1 /30/96 JOB LOCATION: Lubbock TX DESCRIPTION : PAM METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Number (min.) (L/min.) Element Conc. Conc. Limits 13264 429 4.59 Lead *BDL *BDL 1.0 u0/m3 Cassette # 0130-01 13265 431 4.775 Lead *BDL *BDL 1.0 u;/m3 j Cassette # 0130-02 13266 381 2.142 Lead 60u- 74 ug/m3 2.5ua/m3 Cassette # 0130-03 13267 378 3.982 Lead 8.2ug 5 u-/m3 1.3 ug/m3 Cassette # 0130-04 13268 Lead *BDL *BDL 2.0 uc, Cassette # 0130-05 RECEIVED + Below Detectable Limit F E B 5 I996 Analyte Conc. detection limit = 2.0 ug COMPLIANCE SERVICES GRCUP, INC Flagged Data ti J TEST REVIEWED BY: i7n B 4403 DONKER CT. - KENTWOOD, MI 49512-4054 - 616-940-3112 - FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Tuesday, February 13, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 2/9/96 7619 University Avenue, Suite 2A DATE COMPLETED: 2/9/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 10856 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 13421 254 3.87 Lead Cassette # 0206-01 13422 238 7.11 Lead Cassette # 0206-02 13423 270 3.86 Lead Cassette # 0206-03 13424 240 3.5 Lead Cassette # 0206-04 13425 510 2.72 Lead Cassette # 0207-01 13426 514 2.07 Lead Cassette # 0207-02 13427 505 2.04 Lead Cassette # 0207-03 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug J TEST REVIEWED BY: Analyte Cone. *BDL *BDL *BDL *BDL *BDL *BDL *BDL DATE SAMPLED: Varies DESCRIPTION: Air Monitor Cassette Filters Airborne Conc. *BDL *BDL *BDL *BDL *BDL *BDL *BDL Operating Detection Limits 2.0 ug/m 3 1.2 ug/m 3 1.9 ug/m 3 2.4 ug/m 3 1.4 ug/tn 3 1.9 ug/m 3 1.9 ug/m3 Flagged Data RECEIVED FEB 2 C 19-06 C0(1j?iIA1':CE HERVICES GRGJP, f1JC 4403 DOWER CT. • KENTWOOD, MI 49512-4054 • 616-940-3112 • FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT CLIENT : Compliance Services Group, Inc. 7619 University Avenue, Suite 2A Lubbock, TX 79423-2126 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 13479 465 2.09 Lead Cassette # 0210-01 13480 463 2.12 Lead Cassette # 0210-02 13481 462 2.03 Lead Cassette # 0211-01 13482 459 2.11 Lead Cassette # 0211-02 13483 402 3.53 Lead Cassette # 0212-01 13484 402 2.99 Lead Cassette # 02 12-02 13485 159 2.11 Lead Cassette # 0212-03 Analyte Cone. *BDL *BDL *BDL *BDL *BDL *BDL 26 ug Friday, February 16, 1996 DATE RECEIVED: 2114/96 DATE COMPLETED: 2/16/96 P.O.# / PROJ. # : INVOICE #: 10866 DATE SAMPLED: 2-13-96 DESCRIPTION: PAM Airborne Cone. *BDL *BDL *BDL *BDL *BDL *BDL 77 ug/m3 Operating Detection Limits 2.1 ug'm3 2.0 ug/m 3 2.1 ug/m3 2.1 ug/m3 1.4 ug/m 3 1.7 ug/m 3 6.0 ug/m3 Flagged Data * Below Detectable Limit E RECEtV �.=° Analyte Cone. detection limit = 2.0 ug FEB CG'�;PIiF'�CE SEl",'10ES CROUP, I1JC. j TEST REVIEWED BY: 4403 DONKER CT. • KENTWOOD, MI 49512-4054 616-940-3112 • FAX: 616-940-8139 CORROSION - CONTROL • CONSULTANTS * AND LABS, INC. ANALYTICAL REPORT CLIENT: Compliance Services Group, Inc. 7619 University Avenue, Suite 2A Lubbock, TX 79423-2126 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX Friday, February 16, 1996 DATE RECEIVED: 2/14/96 DATE COMPLETED: 2/16/96 P.O.# / PROJ. # : INVOICE #: 10866 DATE SAMPLED: 2-13-96 DESCRIPTION: PAM METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Flagged Number (min.) (L/min.) Element Cone. Cone. Limits Data 13486 88 2.14 Lead 14ug 74 ug/m3 10.6ug/m3 Cassette # 0212-04 13487 120 2.08 Lead 16 ug 64 ug/m 3 8.0 ug/m 3 Cassette # 0212-05 13488 114 2.09 Lead 4.2uo 18 ug/m3 8.4ug1m3 Cassette # 0212-06 13489 258 5.06 Lead *BDL *BDL 1.5 ug/m3 Cassette # 0212-07 13490 252 5.51 Lead 3.5 ug 3 ug/m 3 1.4 ug/m 3 Cassette # 0212-08 13491 480 2 Lead *BDL *BDL 2.1 ug/m3 Cassette # 0212-09 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug RECEIVED FEB °u COWLIMI'VE SERVICES GROUP, I;;C. TEST REVIEWED BY: 4 - T 4403 DONKER CT. KENTWOOD, MI 49512-40 4 - 616-940-3112 - FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT CLIENT : Compliance Services Group, Inc. 7619 University Avenue, Suite 2A Lubbock, TX 79423-2126 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 13776 242 2.11 Lead Cassette # 0223-01 13777 241 2.1 Lead Cassette # 0223-02 13778 182 7.67 Lead Cassette # 0223-05 13779 182 4.7 Lead Cassette # 0223-06 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug Tuesday, March 05, 1996 DATE RECEIVED: 311/96 DATE COMPLETED: 3 /5i'96 P.O.# / PROJ. # : 14290 INVOICE #: 10913 DATE SAMPLED: 2/291/96 DESCRIPTION: PAM Operating Analyte Airborne Detection Flagged Cone. Cone. Limits Data 400ug 783 ug/m3 3.9 ug'm3 9 250 ug 494 ug/m 3 4.0 ug•'m 3 9 *BDL *BDL 1.4 ug,'m3 *BDL *BDL 2.3 ug/m3 RECEIVED MAR 141996 COMPLIANCE SERVICES GROUP, INC. TEST REVIEWED BY: ri 4403 DONKER CT. KENTWOOD, MI 49512-4054 • 616-940-3112 • FAX: 616-940-8139 .r CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Thursday, March 14, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: R12/96 7619 University Avenue, Suite 2A DATE COMPLETED: 3/13/96 RECEIVED Lubbock, TX 79423-2126 P.O.# / PROJ. #: INVOICE #: 10935 MAR 181996 SAMPLE HISTORY COMPLIANCE SERVICES GROUP, INC. SAMPLED BY: DATE SAMPLED: JOB LOCATION: Refurbish Water Tanks Lubbock, DESCRIPTION: lH air sampling Texas METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Flagged Number (min.) (L/min.) Element Cone. Cone. Limits Data 13856 370 4.4 Lead *BDL *BDL 1.2 ug/m3 Cassette # 0310-03 13857 370 4.75 Lead *BDL *BDL 1.1 ug/m3 Cassette # 0310-04 13858 360 5 Lead *BDL *BDL 1.1 ug/m3 Cassette # 0310-05 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug TEST REVIEWED BY: ti 4403 DONKER CT. • KENTWOOD, MI 49512-4054 616-940-3112 • FAX: 616-940-8139 -- CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Monday, March 18, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 3/15/96 7619 University Avenue, Suite 2A DATE COMPLETED: 3/18/96 Lubbock, TX 79423-2126 P.O.# / PROJ. # : 14290 DECEIVED INVOICE #: 10945 SAMPLE HISTORY i SAMPLED BY: Ray Vaughn 1 JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 13902 69 2.032 Lead Cassette # 0313-01 13903 120 2.816 Lead Cassette # 0313-02 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug MAR 2 5 1996 DATE SAMPLED: 3/13/96 COMPLIANCE SERVICES GROUP, iNC. DESCRIPTION: PAM Operating Analyte Airborne Detection Flagged Cone. Cone. Limits Data 55 ug 392 ug/m 3 14 ug/m 3 *BDL *BDL 5.9 ug/m3 ( ' TEST REVIEWED BY: I /( Ile 4403 DONKER CT. • KENTWOOD, MI 49512-4054 616-940-3112 • FAX: 616-940-8139 CORROSION - CONTROL - CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT Wednesday, March 20, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 3/20/96 RECEIVED 7619 University Avenue, Suite 2A DATE COMPLETED: 3/20/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 10959 MAR 2 6 1996 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: EPA 600/R-93/200M Lab Time Flow Rate Number (min.) (L/min.) Element 13964 183 3.44 Lead Cassette # 0319-01 13965 180 3.09 Lead Cassette # 0319-02 13966 180 3 Lead Cassette # 0319-03 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug COMPLIANCE SERVICES GROUP, DATE SAMPLED: 3/19/96 DESCRIPTION: PAM Operating Analyte Airborne Detection Flagged Cone. Cone. Limits Data *BDL *BDL 3.2 ug/m3 *BDL *BDL 3.6 ug/m 3 *BDL *BDL 3.7 ug/m3 TEST REVIEWED BY C art- 61(— e- e 4403 DONKER CT. - KENTWOOD, MI 49512-4054 - 616-940-3112 - FAX: 616-940-8139 i CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Wednesday, April 03, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 4/2/96 7619 University Avenue, Suite 2A DATE COMPLETED: 4/3/96 ' Lubbock, TX 79423-2126 14290 INVOICEOJ # . 10975 RECEIVED SAMPLE HISTORY SAMPLED BY: Clark DeLavan JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 14044 536 2.24 Lead Cassette # 0320-01 14045 601 3.4 Lead Cassette # 0320-02 14046 450 2.39 Lead Cassette # 0321-02 14047 450 3.34 Lead Cassette # 0321-01 14048 253 1.95 Lead Cassette # 0320-03 14049 415 3.75 Lead Cassette # 0322-01 14050 415 2.83 Lead Cassette # 0322-02 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug Analyte Cone. *BDL *BDL *BDL *BDL 260 ug *BDL *BDL APR - 9 1996 DATE SAMPLED: 3/20/96 �:OMPtIANCE SERVICES GROUP,'NC. DESCRIPTION: PAM Airborne Cone. *BDL *BDL *BDL *BDL 527 ug/m 3 *BDL *BDL Operating Detection Limits 1.7 ug/m 3 1.0 ug/m' 1.9 ug/m 3 1.3 ug/m 3 4.1 ug/m 3 1.3 ug/m 3 1.7 ug/m 3 Flagged Data TEST REVIEWED BY:, r 4403 DONKER CT. • KENTWOOD, MI 49512-4054 • 616-940-3112 • FAX: 616-940-8139 CORROSION - CONTROL - CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT i CLIENT : Compliance Services Group, Inc. 7619 University Avenue, Suite 2A Lubbock, TX 79423-2126 Wednesday, April 03, 1996 DATE RECEIVED: 4/2/96 DATE COMPLETED : 4/3/96ECEiVED P.O.# / PROJ. #: 14290 INVOICE #: 10975 APR - 9 1996 SAMPLE HISTORY COMPLIANCE SERVICES GROUP, LNG. i SAMPLED BY: Clark DeLavan DATE SAMPLED : 3/31/96 JOB LOCATION: Lubbock, TX DESCRIPTION: PAM METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Flagged Number (min.) (L/min.) Element Cone. Cone. Limits Data 14051 602 2.23 Lead 4.5 ug 3 ug/m 3 1.5 ug/m 3 Cassette # 0331-01 14052 600 2.95 Lead *BDL *BDL 1.1 ug/m3 Cassette # 0331-02 14053 603 1.92 Lead 800 ug 691 ug/m 3 1.7 ug/m 3 9 Cassette # 0331-03 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug TEST REVIEWED BY: JJ' c� 4403 DONKER CT. - KENTWOOD, MI 49512-4054 - 616-940-3112 - FAX: 616-940-8139 CORROSION - CONTROL - CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT Tuesday, April 16, 1996 i CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 4/12/96 7619 University Avenue, Suite 2A DATE COMPLETED: 4/16/96 RECEIVED Lubbock, TX 79423-2126 P.O.# / PROJ. #: INVOICE #: 11005 APR 2 2 1996 SAMPLE HISTORY COMPLIANCE SERVICES GROUP, INC SAMPLED BY: Ray Vaughn DATE SAMPLED: 4/8,96 JOB LOCATION: Lubbock, TX DESCRIPTION: PAM METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 14185 230 2.92 Lead Cassette # 0408-01 14186 230 2.85 Lead Cassette # 0408-02 14187 375 2.86 Lead Cassette # 0409-01 14188 375 2.89 Lead Cassette # 0409-02 14189 360 2 Lead Cassette # 0409-03 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug Analyte Cone. *BDL *BDL *BDL *BDL *BDL Airborne Cone. *BDL *BDL *BDL *BDL *BDL Operating Detection Limits 3.0 ug/m3 3.0 ug/m3 1.9 ug/m 3 1.8 ug/m 3 2.8 ug/m 3 Flagged Data TEST REVIEWED BY. 1 4403 DONKER CT. - KENTWOOD, MI 49512-4054 - 616-940-3112 - FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT Thursday, April 25, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 4/18/96 RECEIVED 7619 University Avenue, Suite 2A DATE COMPLETED : 4/22/96 Lubbock, TX 79423-2126 P.O.# / PROJ. # : 14290 MAY 2 1996 INVOICE #: 11015 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 14226 210 2.825 Lead Cassette # 0415-01 14227 210 3.184 Lead Cassette # 0415-02 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug Analyte Conc. *BDL *BDL COMPLIANCE SERVICES GROUP, I DATE SAMPLED: 4/15/96 DESCRIPTION: Personal Air Monitor Cassette Filters Airborne Cone. *BDL *BDL Operating Detection Limits 3.4 ug/m' 3.0 ug/m 3 Flagged Data i TEST REVIEWED BY : /'%��C� 4403 DONKER CT. • KENTWOOD, MI 49512-4054 616-940-3112 FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. �f I ANALYTICAL REPORT I' Friday, May 03, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 4'29!96 D 7619 University Avenue, Suite 2A DATE COMPLETED : 5/3/96 DECEIVE Lubbock. TX 79423-2126 P.O.# / PROJ. # : 14290 INVOICE #: 11050 AY 91996 SAMPLE HISTORY COMPLIANCE SERVICES GROUP, SAMPLED BY: Ray Vaughn DATE SAMPLED: 412l/96 JOB LOCATION: Lubbock, TX DESCRIPTION: PAM METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Flagged Number (min.) (L/min.) Element Cone. Cone. Limits Data 14445 480 2.66 Lead *BDL *BDL 1.6 ug/m3 Cassette # 0421-01 14446 480 2.89 Lead 18 ug 13 ug/m3 1.4 ug/m3 Cassette # 0421-02 14447 255 3.31 Lead *BDL kBDL 2.4ug/m3 Cassette # 0426-01 14448 255 3.02 Lead *BDL *BDL 2.6 ug'm3 Cassette # 0426-02 14449 260 3 Lead *BDL *BDL 2.6 ug/m3 i Cassette # 0426-03 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug I i J TEST REVIEWED BY: '� Z I 1� 4403 DONKER CT. KENTWOOD, MI 49512-4054 616-940-3112 FAX: 616-940-8139 �--- CORROSION - CONTROL - CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT Tuesday, May 14, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 5/9/96 7619 University Avenue, Suite 2A DATE COMPLETED: 5/14/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 11086 SAMPLE HISTORY SAMPLED BY: Ray Vaughn DATE SAMPLED : 5/2/96 JOB LOCATION: Lubbock, TX DESCRIPTION: PAM METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Flagged Number (min.) (L/min.) Element Conc. Conc. Limits Data 14594 364 3.28 Lead *BDL *BDL 1.7 ug/m3 Cassette # 0502-01 14595 364 3.8 Lead *BDL *BDL 1.4 ug/m3 Cassette # 0502-02 14596 483 3.68 Lead *BDL *BDL 1.1 ug/m3 Cassette # 0507-01 14597 480 3.32 Lead *BDL *BDL 1.3 ug/m3 Cassette # 0507-02 14598 185 1.96 Lead *BDL *BDL 5.5 ug/m' Cassette # 0507-03 14599 304 1.94 Lead 7.0ug 12 ug/m3 3.4ug/m3 Cassette # 0507-04 14600 240 9 Lead *BDL *BDL 0.9 ug/m3 Cassette # 0507-05 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug�i tl �gg6 TEST REVIEWED ED BY: r �lN�ESE�VICES�ROJP,�NC. E �OM,L 4403 DONKER CT. - KENTWOOD, MI 49512-4054 - 616-940-3112 - FAX: 616-940-8139 -- CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT CLIENT : Compliance Services Group, Inc. 7619 University Avenue, Suite 2A Lubbock, TX 79423-2126 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 14683 550 2.83 Lead Cassette # 0508-01 14684 550 2.84 Lead Cassette # 0508-02 14685 300 1.91 Lead Cassette # 0508-03 14686 418 3.06 Lead Cassette # 0520-01 14687 422 i 3.13 Lead Cassette # 0520-02 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug Analyte Conc. 5.5 ug *BDL *BDL *BDL *BDL Thursday, May 23, 1996 DATE RECEIVED: 5/21/96 DATE COMPLETED: 5/23/96 P.O.# / PROJ. # : 14290 INVOICE #: 11118 DATE SAMPLED: 5/8/96 DESCRIPTION: PAM Airborne Conc. 4 ug/m 3 *BDL *BDL *BDL *BDL Operating Detection Limits 1.3 ug/m 3 1.3 ug,'m 3 3.5 ug/m 3 1.6 ug/m 3 1.5 ug/m3 RECEIVED Flagged Data MAY 2 8 4996 TEST REVIEWED BY COMtLIANCE SERVICES GROUP, INC. 4403 DONKER CT. • KENTWOOD, MI 49512-4054 • 616-940-3112 • FAX: 616-940-8139 CORROSION - CONTROL - CONSULTANTS * AND LABS, INC. ANALYTICAL REPORT Thursday, May 30,1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 5/28/96 7619 University Avenue, Suite 2A DATE COMPLETED: 5/29/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 11146 RECEIVED SAMPLE HISTORY SAMPLED BY: DATE SAMPLED: JUN - 61996 JOB LOCATION: Lubbock, TX --Refurbish Water DESCRIPTION • PAMS Tanks COMPLIANCE SERVICES GROUP, INC. METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Flagged Number (min.) (L/min.) Element Cone. Cone. Limits Data 14765 485 3.494 Lead *BDL *BDL 1.2 ug/m3 Cassette # 0521-01 14766 482 3.576 Lead *BDL *BDL 1.2 ug/m3 Cassette # 0521-02 14767 491 3.089 Lead *BDL *BDL 1.3 ug/m3 Cassette # 0522-01 14768 540 3.103 Lead *BDL *BDL 1.2 ug/m3 Cassette # 0522-02 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug TEST PERFORMED BY: 4403 DONKER CT. - KENTWOOD, MI 49512-4054 - 616-940-3112 - FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT Monday, June 24, 1996 CLIENT : Compliance Services Group, Inc. DATE RECEIVED: 5/31/96 7619 University Avenue, Suite 2A DATE COMPLETED : 6/3/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 11161 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 14825 530 2.73 Lead Cassette # 0523-01 14826 530 2.52 Lead Cassette # 0523-02 14827 540 2.76 Lead Cassette # 0524-01 14828 540 2.69 Lead Cassette # 0524-02 14829 430 2.52 Lead Cassette # 0527-01 * Below Detectable Limit Analyte Cone. detection limit = 0.5 ug DATE SAMPLED: 5/23/96 DESCRIPTION: PAM Analyte Airborne Cone. Cone. *BDL *BDL *BDL *BDL *BDL *BDL *BDL *BDL *BDL *BDL RECEIVED JUL -11996 COMPLIANCE SERVICES GROUP, M. Operating Detection Limits 0.3 ug/m 3 0.4 ug/m 3 0.3 ug/m 3 0.3 ug/m 3 0.5 ug/m 3 Flagged Data TEST REVIEWED BY �L 4403 DONKER CT. KENTWOOD, MI 49512-4054 • 616-940-3112 • FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS * AND LABS, INC. ANALYTICAL REPORT Monday, June 24, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 5/31/96 7619 University Avenue, Suite 2A DATE COMPLETED : 6/3/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 11161 RECEIVED SAMPLE HISTORY JUL -1 1996 SAMPLED BY: Ray Vaughn DATE SAMPLED: 5/27/96 JOB LOCATION: Lubbock, TX DESCRIPTION: PAM COMPLIANCE SERVICES GROUP, INC METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Flagged Number (min.) (L/min.) Element Conc. Conc. Limits Data 14830 430 2.81 Lead *BDL *BDL 0.4 ug/m3 Cassette # 0527-02 14831 600 14.4 Lead *BDL *BDL 0.1 ug/m3 Cassette # 0527-03 14832 480 2.67 Lead *BDL *BDL 0.4 ug/m3 Cassette # 0529-01 14833 480 3.33 Lead Cassette # 0529-02 * Below Detectable Limit Analyte Conc. detection limit = 0.5 ug 0.96 ug I ug/m 3 0.3 ug/m 3 TEST REVIEWED BY: 4403 DONKER CT. KENTWOOD, MI 49512-4054 • 616-940-3112 • FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Monday, June 24, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 6/5/96 7619 University Avenue, Suite 2A DATE COMPLETED: 6/6/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 RECEIVED INVOICE #: 11173 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 14877 420 2.923 Lead Cassette # 0601-01 14878 . 420 3.083 Lead Cassette # 0601-02 14879 435 3.017 Lead Cassette # 0603-01 14880 435 2.76 Lead Cassette # 0603-02 14881 245 2.936 Lead Cassette # 0604-01 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug Analyte Cone. *BDL *BDL *BDL *BDL *BDL JUL -1 1999 DATE SAMPLED COMPLIANCE SERVICES GROUP, JAIL DESCRIPTION: Air Monitor Cassette Filters Airborne Cone. *BDL *BDL *BDL *BDL *BDL Operating Detection Limits 1.6 ug/m 3 1.5 ug/m3 1.5 ug/m3 1.7 ug/m 3 2.8 ug/m3 Flagged Data i f TEST REVIEWED BY : . 4403 DONKER CT. KENTWOOD, M1 49512-4054 616-940-3112 FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Monday, June 24, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 6/5/96 7619 University Avenue, Suite 2A DATE COMPLETED : 6/6/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 11173 SAMPLE HISTORY SAMPLED BY: Ray Vaughn DATE SAMPLED : JOB LOCATION: Lubbock, TX DESCRIPTION: Air Monitor Cassette Filters METHOD: NIOSH 7082 Operating Lab Time Flow Rate Analyte Airborne Detection Flagged Number (min.) (L/min.) Element Conc. Conc. Limits Data 14882 245 3.222 Lead *BDL *BDL 2.5 ug/m3 Cassette # 0604-02 14883 240 3.2 Lead *BDL *BDL 2.6 ug/m3 Cassette # 0604-03 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug TEST REVIEWED BY: 4403 DONKER CT. KENTWOOD, MI 49512-4054 616-940- • FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Wednesday, June 12, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 6/11/96 7619 University Avenue, Suite 2A DATE COMPLETED: 6/12/96 RECEIVED Lubbock, TX 79423-2126 P.O.# / PROJ. # : 14290 INVOICE #: 11197 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 14967 554 2.859 Lead Cassette # 0605-01 14968 554 2.822 Lead Cassette # 0605-02 14969 569 2.5 Lead Cassette # 0606-01 14970 569 2.633 Lead Cassette # 0606-02 14971 360 2.734 Lead Cassette # 0607-01 14972 360 2.779 Lead Cassette # 0607-02 14973 480 2.8 Lead Cassette # 0607-03 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug Analyte Cone. *BDL *BDL *BDL *BDL *BDL *BDL *BDL JUN 19 1996 COMPLIANCE SERVICES GROUP, INC. DATE SAMPLED: varies DESCRIPTION: personal air monitor Airborne Conc. *BDL *BDL *BDL *BDL *BDL *BDL *BDL Operating Detection Limits 1.3 ug/m3 1.3 ug/m 3 1.4 ug/m 3 1.3 ug/m 3 2.0 ug/m 3 2.0 ug/m 3 1.5 ug/m 3 Flagged Data TEST REVIEWED BY 4403 DONKER CT. KENTWOOD, MI 49512-4054 • 616-940-3112 • FAX: 616-940-8139 CORROSION - CONTROL - CONSULTANTS - AND LABS, INC. ANALYTICAL REPORT Wednesday, June 12, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 6/11/96 7619 University Avenue, Suite 2A DATE COMPLETED : 6/12/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 RECEIVED INVOICE #: 11197 SAMPLE HISTORY SAMPLED BY: Ray Vaughn JOB LOCATION: Lubbock, TX METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 14974 305 2.718 Lead Cassette # 0608-01 14975 305 2.822 Lead Cassette # 0608-02 * Below Detectable Limit Analyte Conc. detection limit = 2.0 ug Analyte Cone. *BDL *BDL JUN 19 7996 DATE SAMPLED • varies COMPLIANCE SERVICES GROUP, DESCRIPTION: personal air monitor Airborne Cone. *BDL *BDL Operating Detection Limits 2.4 ug/m3 2.3 ug/m 3 Flagged Data TEST REVIEWED BY: , 4403 DONKER CT. * KENTWOOD, MI 49512-4054 - 616-940-3112 - FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Tuesday, June 25, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED: 6/19/96 7619 University Avenue, Suite 2A DATE COMPLETED: 6/21/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 11223 SAMPLE HISTORY RECEIVEG SAMPLED BY : Ray Vaghn JOB LOCATION: Lubbock, Texas METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 15073 415 2.685 Lead Cassette # 0610-01 15074 415 2.685 Lead Cassette # 0610-02 15075 473 2.7 Lead Cassette # 0611-01 15076 474 2.689 Lead Cassette # 0611-02 15077 416 2.715 Lead Cassette # 0612-01 ' Below Detectable Limit Analyte Cone. detection limit = 2.0 ug Analyte Cone. *BDL *BDL *BDL *BDL *BDL DATE SAMPLED: varies JUL DESCRIPTION: PAM 1 i-96 COMPLIANCE SERVICES GRO jp. ;NC Airborne Cone. *BDL *BDL *BDL *BDL *BDL Operating Detection Limits 1.8 ug/m 3 1.8 ug/m3 1.6 ug/m3 1.6 ug/m 3 1.8 ug/m3 Flagged Data TEST REVIEWED BY: 1 4403 DONKER CT. KENTWOOD, MI 49512-4054 616-940-3112 • FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT Tuesday, June 25, 1996 CLIENT: Compliance Services Group, Inc. DATE RECEIVED : 6/19/96 7619 University Avenue, Suite 2A DATE COMPLETED: 6/21/96 Lubbock, TX 79423-2126 P.O.# / PROJ. #: 14290 INVOICE #: 11223 SAMPLE HISTORY SAMPLED BY: Ray Vaghn JOB LOCATION: Lubbock, Texas METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 15078 416 2.736 Lead Cassette # 0612-02 15079 449 2.806 Lead Cassette # 0613-01 15080 449 2.668 Lead Cassette # 0613-02 15081 307 2.667 Lead Cassette # 0614-01 15082 307 2.953 Lead Cassette # 0614-02 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug RECEIVED DATE SAMPLED: varies JUL -11996 DESCRIPTION: PAM COMPLIANCE SERVICES GROUP. iNC Operating Analyte Airborne Detection Flagged Cone. Cone. Limits Data *BDL *BDL 1.8 ug/m3 *BDL *BDL 1.6 ug/m3 *BDL *BDL 1.7 ug/m3 *BDL *BDL 2.4 ug/m3 *BDL *BDL 2.2 ug/m3 / f TEST REVIEWED BY: C# 4403 DONKER CT. KENTWOOD, MI 49512-4054 • 616-940-3112 • FAX: 616-940-8139 CORROSION • CONTROL • CONSULTANTS • AND LABS, INC. ANALYTICAL REPORT CLIENT: Compliance Services Group, Inc. 7619 University Avenue, Suite 2A Lubbock, TX 79423-2126 SAMPLE HISTORY SAMPLED BY: Ray Vaghn JOB LOCATION: Lubbock, Texas METHOD: NIOSH 7082 Lab Time Flow Rate Number (min.) (L/min.) Element 15083 353 2.597 Lead Cassette # 0617-01 15084 353 2.811 Lead Cassette # 0617-02 * Below Detectable Limit Analyte Cone. detection limit = 2.0 ug Analyte Cone. *BDL *BDL Tuesday, June 25, 1996 DATE RECEIVED: 6/19/96 DATE COMPLETED: 6/21/96 P.O.# / PROJ. #: 14290 INVOICE #: 11223 RECEIVED DATE SAMPLED: varies J U L -1 1996 DESCRIPTION: PAM COMPLIANCE SERVICES GROUP. Airborne Cone. *BDL *BDL Operating Detection Limits 2.2 ug/m 3 2.0 ug/m 3 Flagged Data 1 TEST REVIEWED BY: u� + + 4403 DONKER CT. KENTWOOD, MI 49512-4054 616-940-3112 FAX: 616-940-8139 Page Intentionally Left Blank City of Lubbock, TX ITB 20-14972-TF 50th Street Tank Demolition Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original unbound copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. The bidder MUST 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 changed for the purpose of correcting an error in the bid price. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. ►! Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete CITY OF LUBBOCK REFERENCE FORM. 4. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 5. _Z Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 6. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 8_ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. 10. Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel 11. Complete and submit the LIST OF SUB -CONTRACTORS. _DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 12. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED BEFORE !EQNTRACT IS FINALIZED: 13. Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM 1295 within the specified time according to Texas Government Code 2252.908 using the Texas Ethics Commission website. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. t (Type or Print Company Name) Page Intentionally Left Blank INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK REFERENCE FORM 3-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-4. SAFETY RECORD QUESTIONNAIRE 3-5. SUSPENSION AND DEBARMENT CERTIFICATION 3-6. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE S. CONTRACT 9. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 10. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 11. GENERAL CONDITIONS OF THE AGREEMENT 12. CITY OF LUBBOCK WAGE DETERNIINATIONS 13. SPECIAL CONDITIONS (IF APPLICABLE) 14. SPECIFICATIONS 2 Page Intentionally Left Blank NOTICE TO BIDDERS ITB 20-14972-TF Sealed bids addressed to Matta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 PM on October 31, 2019, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: 50th Street Tank Demolition After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 PM on October 31, 2019, and the City of Lubbock City Council will consider the bids on November 19, 2019, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should 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 AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. The estimated budget for the construction phase of this project is $150,000. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on October 23, 2019, at 10:00 AM, at 162513' Street, Purchasiniz Conference Roam, Rm 204, Lubbock, TX 79401. 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 http://www.bidsyne.com 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. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is finther 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. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Jkl aria ACv arez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT 4 GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to fin-nish 50th Street Tank Demolition per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 PM on October 31, 2019, at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITS 20-14972- TF, 50th Street Tank Demolition" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (TTB) documents, a non -mandatory pre - bid meeting will be held October 23, 2019, at 10:00 AM, at 1625 13th Street, Purchasing Conference Room, Rm 204, Lubbock, TX 79401. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the TTB are made by ADDENDA information available over the Internet at www.bidamc.com. 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. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original TTB. 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 bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment 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 ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB 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 bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding 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 bid closing date. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIALIPROPRIETARY is not in conformance with the Texas Open Records Act. 6.4 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: orr(dimylubbock.us. Please send this request to this email address for it to be processed. 6.5 For more information, please see the City of Lubbock Public Information Act website at: hUs://ci.lubbock.tx.us/pages/public-information-act 7 LICENSES, PERMTFS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they world utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder 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. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder 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 bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification 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 bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Assistant Director City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 20 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 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. 13.3 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. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFMAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 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 Rumish 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 TWO years 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). 17.2 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. 17.3 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 ruder this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete fiom 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. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to Eve 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 The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction., and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 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 It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES 23 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. 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 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. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF VSURANCE. 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. 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate 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 bidders' 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 bidder'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 the contract requiring an inspector shall not be performed on weekends 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. 10 26.1.2 Delays in constriction 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 constriction work requiring an inspector is to be performed on Sunday 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 Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors 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 ($60) 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 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 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 changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm., association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name: 29.3.2 Bid for " ITB 20-14972-TF, 50TH STREET TANK DEMOLITION" 29.3.3 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 11 30 31 32 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBNHTTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder'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. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder 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 bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors 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 three (3) 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. BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 6 plus the sum of any Alternate Bids or Options the City may select. 12 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti-Tiust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT 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 INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 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 PREVAILING WAGE RATES 34.1 Bidders 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 34.2 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. 34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($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. 13 35 PROTEST 35.1 All protests regarding the TTB 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 TTB 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. 14 BID SUBNHTTAL FORM Page Intentionally Left Blank REVISED BID SUBMITTAL FORM LUMP SUM PRICE BID CONTRACT DATE: _ r D ^ a g -11 - - -- PROJECT NUMBER: ITB 24-14972-TF, 50th Street Tank Demolition Bid of _T C (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the 50th Street Tank Demolition, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. ITEM DESCRIPTION ESTIMATED UNIT OF TOTAL LUMP SUM NO. QUANTITY MEASURE Mobilization - Contractor mobilisation 1. including move -in and move -out cost from site 1 LS location. Provide and maintain a Traffic Control Plan - 2 Preparation, approval from COL Traffic 1 LS Engineering to the site, and all other work considered incidental to this item. Demolition of an elevated 1,000,000 gallon 3. storage tank, on 50th Street and Joliet Avenue in I LS Lubbock, TX including all equipment, labor, and materials needed. a°° Foundation Removal including all equipment, labor, and materials needed - Foundation removal including tank foundation piers, 4. concrete slab, concrete piers, and concrete 1 LS overflow drainage. Existing surface features such as the concrete slab and piers are also to be +� o- removed. J 1, d Fence Removal including all equipment, labor, and materials needed - Fence surrounding the 5. area of the tank is to be removed. Fence materials 1 LS include chain -link, brick, wood, and gate. Fence posts with concrete are both to be removed." REVISED ITEM NO. DESCRIPTION ESTIMATED QTJANTTIY UNIT OF MEASURE TOTAL LUMP SUM 24" SCRC Water Line Removal including all equiment, labor, and materials needed - Removal 1 LS �' of a 24-inch diameter Steel Cylinder Reinforced Concrete water line; Length of 65 feet. r Total Base Bid, Items (1-6) S 5 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 30 Consecutive calendar Days and to finally complete the project within 45 Consecutive calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as Iiquidated damages in the sum of $200 for each consecutive calendar day after substantial completion and $200 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 70 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him 0 Bidder's Initials REVISED Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (� ) or a Bid Bond in the sum of 5,; Dollars ($), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certiificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notifi ation of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(g) a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO DID OPENYING. (Sea] if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date 14 - ,2-i1 Addenda No. Date Addenda No. Date Addenda No. Date MIWBE Firm: I Woman I I Black Hisaanic American I I Asian Date: Awforbid Signature (Printedor Typed NanQ ■r Company 3 Y 04 �C ik ftL�rl. Address L4iiaek , Lid er_ City, County l,GS . T, 79,`YQl State Zip Code Telephone: 3.2S - 4 4. - Fax: FEDERAL TAX ID or SOCIAL SECURITY No. * ..VIM. �. FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firmftdividual: Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MIEN BY THESE PRESENTS, That we, Intercon Construction Co. Ine.dba Intercon Demolition as Principal hereinafter called the Principal, and United Fire & Casualty Campanv a corporation created and existing under the laws of the State of Iowa whose principal office is in Cedar Rapids, IA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars (5% CAB) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for 50th Street Tank Demolition NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terns of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 31st day of October, 2019 Demolition (Principal) By r (SEAL) United Fire & Casualty Comnanv (Surety) By (SEAL) Jarrett Willson, Attof'ney-in-fact � UNrMD MRP&,gASUAW, t5QWANY.: EDAR. RAPID, IA laquirles: Su rtrnetlt [.fNrmD FIRE &. NDEmNf'1'Y C'�1MPAl�lY wr-.BsTEf `,TX I18 8etc�D� -d ATe SE FINANCIAL. PACIFIC INSURANCE COMPANY. ROCKLIN, CA Cedar Rapids, IA SUGI f CjURAlVC VE-WIFIE11COPY OF PO)kFR-OF AT-.Y fans P1a 4ik at Ronne [bff-ice of'Cortloy S" Certification). iC1+1OVii' AI:L P> itSQN r 81i TIIFS>~ Pt1 Sffi1TS 'Ffitii U.txiteil Fire & Cos ally Ctmspa y, a t 4tPQrI icm u[y of g . god tad existing unde�rthe laws: of Sty of low#; Vilhad Fiie k Indaulia4y CogspanI & c tion duly cxlgauu6d. and exiling uadar tFte isws of t Site of l xis; and I jnalaleal' PaciFtc Iasnite C+jmpatry, e cv�a[ian�ly atgad>arul•.existittg wtdtar. )avers nF theiatc of Califtiu {}teie. collectively tailed the Companies), and having their corporate headquarters m Cedar Rapids, State of Iowa, does make, constituib mid appvsu ,)ERE.IVIY DARNETTr •h1ISTIE BECK. TONY FL#RRO, JAY JORDAN, ROBERT. G. KANUTH, JOHNNY MPSS. JADE PORTER, JARRETT WILLS!*, EAC14 ZNDILtIDUALLY thibir b►te and lawful A00fricy[s}in-Fact with p n aid authority hereby canferre'd. to s;W; seal and execpte at its behalf all lawftii 'bonds, . tuidt kirngs and outer Wigatvey instrtiimots of: similar nature pmvfded that no single obligatiim s"I cXeeed $25 ,.t OQ-, OOD..00 aitil to bind the Comities titefteby as fully dad to * ssti% skew at if such iinslrudieuts *ere, signed by the duly aoi&rized of teas of the Cornpapies attd all of the acts of sail Attomey. pursuant to the authority hes'eby given and hereby t md1bd and couf"rrn a The Authority hereby.granted is com moos and shall remain in full force and effect until revoked by United Fine & Comisity Company, United Fire & Indemnity, Company, and Financial Pacific [nuance Company. This Power of Attorney is me&- and executed pit to and by authority of the following bylaw duly adopted onMay 15. 20 03 by the B00% of. Ditc tors of Usit9d Pim dt Casually Company. United Fim & lad i nnify Company, and Financial Pacific insurance Company, "Artiele V I — Surety Banda .ad tiatder-tnitinga" Section 2, ;Appota'tinent of Attorney -in -Fact "The President or any Vice President, or any other officer of the Compamtev may, from fame to taut, appoint by vintner. certificates attbxneys-irt-feet to act in behalf of the Companies in tht execution of policies of insurtince, bonds, urAertsloimgs end other obligatory inurtuir fsdiiilx stakurR The signature of any officer attthortzod hereby. and the Corporate seal, may be atfixtd by facsimile to any power of awmay or special power of attorney or certification of tither afaharized herby, such siiiitature and scat, when w used, being adopted by One Companies as the original signature of such officer and the original seal gf. the Companies, to be viilid and binding upon the Companies with the same force and effect as though manually affixed. Such mttafineys•in- fact. subject to the limitations set:of forth is dw# In spedive certrfkaws of authority shall have fall power to bmd the Companies by their stature and execution of any suck instruments sad to attach the seal the Camtpa$jes there", The President or any Vice President, the Dowd of Direutors or any other offcer of the Companies may at any lima revolm all power and awhathy previowly 00I to any attorney - in -fat t. 1N WITNESS WHER.F.OE, the COMPANIES have each causer! these presents -to be signed by its u+ew� vice president and its cmpar to seal to be hereto affixed this 20t h day of February, 201B t� CO"''O1"18 UNITED FIRE & CASUALTY COMPANY SPALuw UNITED FIRE & INDEMNITY COMPC. } FINANCIAL PACIFIC INSURANCE �DV ANY Stall: of low ,.Cotutty of Limn. ss: - Vice President On 26th day of Februaryy, 2015, before me per finally- cameDennis J. Richtnann to. qw known, who. bmg by me duly . did depo and say; tlitat he resides m C Rapids, State of Iowa; that he is a Vice President of United Fee & Casuglty Company, a VWe ,?XCst�sif finite ire ,& I0eihAity Company. atnd a V* Pmsidiiat of F.ilseaI Pac.ifo laswance Comp"y the anrpomfians described in .tip which . 11t ahoy strttirtant; That he jAna�+a the seat. of said %otporatipd3s; that ftie4eaa# l �ixeti to :$te said insErtimeui is such corporate scat; that it was aR`iixed ;purrsto authority givo by the Roth of DitectoA of seed c6�tiwIt and blot he signod his nragM.Oiemto pursuant o. like authority, :tnd acicplow1wggs stunt; to be the act and deed .of laid lib ns- e Pa[tfVlradQ4N loaned Ntlrn f 7 COItMlllnu aarnn numbeor 13274 (� OF"Notary I'tilrlic Py=WsstonExpires 14 "010 My commission f, A+LAfyt A- Bet.44h. AU"t`Semtm y of"'United Fire & Casualty appaay and Assistant Secretary of united Fire & iudc�dini� C0mv hij�,,I A auto $ecs'etarty of FBiA*iel Pakifio�in�rar t CompauyAD hereby f y�tliet I have c�nmp d the forego•copy of Mlle P` f' and p ads and the copy-�of :tiff S�tiain or'the:bylaws, a &iesolutiosta�of" �C: tltor&AU as ml, firth in said: Power of Attomey, wtLll fib e 11"iL.ON FILL III iti . HONK OO10E b1twl ID OPRPPRAT'IONS, and $at. the sot ie a& correct traiiscripts.theucof; and of the whole of tic paid originals; td 4M *said Power df A habeen "ketl i5 now �dtflf forte and effect: f l hav ed my name and affixed corporate seal of the said Corporations If D h 4 +Tt....2. � qV.F46 &*& Fn Cau Assistant W�-A", 11 This paper has a colored background and void pantograph. United Fire Group IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company United Fire & Indemnity Company United Fire Lloyd You may call United Fire & Casualty Company's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire & Casualty Company at: United Fire & Casualty Company Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire & Casualty Company Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9I04 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. BOi ID0012 0901 HOME 0FFICE• 1 18 Second Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone. 319.399-5700 FAX. 119-399-5425 City of Lubbock, TX iTB 20-I4972-TF 50th Street Tank Demolition Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers users of similar size and scope of work. Please do not use the City of Lubbock. REFERENCE ONE Government/ Company Name: Address: 1(001? [_ _ & v. S Contact Person and Title: JGtroh b'det lae d VO- _-- Phone: (�04) ?411f ....Ago( - Fax:�r/ -szL(OI - REFERENCE TWO Government/ Company Name: _. e O- RrnTe' Address: 77,?d tent2`(.LA lar4kd T Contact Person and Title: t Phone: a/ Y ). - 1930 Fax: REFERENCE THREE Government/ Company Name: Lee � { i� r5 CmS Trru e 4,n Address: ?g/Q LeLla^.6 Ave L a.4, I x 241423 --- Contact Person and Title: Phone: go(, -- 59g " DIGS Fax' _ -- Page Intentionally Left Blank City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Bidder Must be submitted with Bid I, 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 (IU) 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. "-tar �(Ori�ginal S�ignaWm�)�� Con (Print) 00, CONTRACTOR'S BUSINESS NAME: -T-A 7Fe-l-ee "+ Dremoli li e/I (Print or Type) CONTRACTOR'S FIRM ADDRESS: —? t f tl q __L�a la u (?&( Lwih�t . T c 79ge_r. NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasin & Contract Management Office for the City of Lubbock at (SW 775-2572. ITB 20-14972-TF 50th Street Tank Demolition Page Intentionally Left Blank City of Lubbock, TX 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 bids 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 bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents 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 bidder 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 environmcntal 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, suspensionlrevocations 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- C . Convictions of a criminal offense within the past ten (1 U) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO7,Z If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid 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. Bidder's Initials Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, 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 Iicenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO^ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid 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. OUESTION THREE Has the bidder, or the fun, corporation, partnership, or institution represented by bidder, 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 from serious bodily injury or death? YES NO-4— If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid 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 I 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 shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Ad.%/�. 4, . Weft 7%ozgS Title 22 City of Lubbock, TX Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-i 10) 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. COMPANY NAME: 14jeLfM L)r r►a Z, ��.#• . _ _ _ FEDERAL TAX ID or SOCIAL SECURITY No. 7 5'.,? 1 5( Zil, 4,0 Signature of Company Printed name of company official signing above: ��irr�c�ot Date Signed: 10 A—M 23 City of Lubbock, TX Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel Section 2270.002, 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. I, the undersigned agent for the company named below, certify that I have read the above statement and will comply with its requirements COMPANY NAIL: Signature of Company DateSigned: I D —21—Z9 Printed name of company official signing above:Cad, E��r� e- 24 LIST OF SUB -CONTRACTORS Page Intentionally Left Blank ITB 20-14972-TF 50th Street Tank Demolition LIST OF SUB CONTRACTORS Company Name Location Services Provided 2. 3. 4. 5. 6. 7. 9. 10. 11. 12. 13. 14. 15. 16. Company Address City, County State Zip Cade Telephone: - Fax: - Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ Cl ❑ ❑ 0 ❑ 11 0 ❑ ❑ ❑ ra ❑ ❑ 1a ❑ ❑ ❑ ❑ ❑ C7 Q ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO 38 Page Intentionally Left Blank ITB 20-14972-TF 50th Street Tank Demolition FINAL LIST OF SUB CONTRACTORS Company Name Location Services Provided 2. 3. 4. 5. b. 7. S. 9. 10. 11. 12. 13. 14. 15. 16. Company Address City, State Telephone: Fax: County Zip Code Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO. 39 Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank 1 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 Intercon Demolition (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 One Hundred Fifty Thousand Dollars ($150,000) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 19th day of November, 2019, to ITB 20-14972-TF, 50th Street Tank Demolition__________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 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 __________________, 2019. ___________________________ _______________________ Surety (Company Name) *By:________________________ By:_________________________ (Title) (Printed Name) ___________________________ (Signature) ___________________________ (Title) Page Intentionally Left Blank 2 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 Office 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 Page Intentionally Left Blank 1 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 Intercon Demolition (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 One Hundred Fifty Thousand Dollars ($150,000) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 19th day of November, 2019, to ITB 20-14972-TF, 50th Street Tank Demolition______________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ 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 ____________________, 2019. ____________________________ ______________________________ Surety (Company Name) * By: _______________________ By:___________________________ (Title) (Printed Name) ______________________________ (Signature) ______________________________ (Title) Page Intentionally Left Blank 2 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 Office 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 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 V SLTKAItiCE POLICY I UTMBER EFFECTIVE EFFECTIVE LI]IITS DATE DATE GENERAL LL48ILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv_ Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ri Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LL4BILPPP ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non-0wned Autos Cv RAGE LL4BILI77' ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'S RISK ❑ 100516 of the Total Contract Price $ ❑ EVSTALL17YONFWATER $ EXCE.SSLL48H= ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSA77ONAND EMPLOYERS' LL48ILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ G7HER 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) By: 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 FUR_-NISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF Li.BBOCK 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 (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor- or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 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 (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the proj ect; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (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 (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT Page Intentionally Left Blank Contract 14972 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this I9t6 day of Novi, 2019, 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 Intercon Demolition of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: ITB 20-14972-TF 50th Street Tank Demolition 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 Conditions of Agreement. Intercon Demolition's bid dated October 29, 2019 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. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY • LUBB TEXAS (OWNER): By: Daniel M. Pope, M yor COMPLETE ADDRESS: Intercon Demolition 3409 Idalou Road Lubbock, TX 79403 ATTES ! C orate Secretary ATTEST: 4Reec Garza, City Secretary OVED TO CONTENT: Turpin, P. �,- oer+Capital Projects Design Mike Keenum, P.E., Division Director of Engineering/ City Engineer APP OVED AS TO FQM: KPiLe"isure-, Assistant City Attorney Contract 14972 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 19th day of November, 2019, 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 Intercon Demolition of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date her ewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: ITB 20-14972-TF 50th Street Tank Demolition 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 Conditions of Agreement. Intercon Demolition’s bid dated October 29, 2019 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. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER): Intercon Demolition By: _______________________________________ Daniel M. Pope, Mayor By:________________________________________ ATTEST: PRINTED NAME:____________________________ TITLE:_____________________________________ ___________________________________________ Rebecca Garza, City Secretary COMPLETE ADDRESS: APPROVED AS TO CONTENT: Intercon Demolition ___________________________________________ 3409 Idalou Road John Turpin, P.E., Assistant City Engineer/Capital Projects Lubbock, TX 79403 & Design ___________________________________________ ATTEST: Mike Keenum, P.E., Division Director of Engineering/ City Engineer ___________________________________________ Corporate Secretary APPROVED AS TO FORM: ___________________________________________ Kelli Leisure, Assistant City Attorney Page Intentionally Left Blank CONFLICT OF INTEREST OUESTIONNAIR CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 84'h Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 7'h business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 Lubbock, TX 79401 Questionnaire is available at https:llci.lbbock.tx.us/departments/purchasinglvendor-information Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 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. §2252908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. 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. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, signing, and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: https:llwww.ethics.state.tx.us/whatsnew/elf info forml295.htm 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 Intercon Demolition 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 John Turpin, P.E., Assistant City Engineer/Capital Projects & Design, 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 Offerors, General Instructions to Offerors, Proposal, 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 Offeror for inspection in accordance with the Notice to Offerors. 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 fiunished ten 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 famished shed 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 stricture 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 fin-nish 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 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. 22. 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 farther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for 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 Conductor'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 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. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of 51,000,000 Combined Single Limit in the aggregate and $1,000,000 per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury w/Heavy Equipment XCU B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit per occurrence, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $4,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverage's. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $1,000.000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor'slperson'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 foodlbeverage 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 mariner 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) (2) (3) (4) (5) (6) (7) (8) (9) The name and address of the insured. The location of the operations to which the insurance applies. The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. 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. 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. 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. If policy limits are paid, new policy must be secured for new coverage to complete project. 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 >W ORDERS' 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 identify of their employer or status as an employee " "Call the Texas Workers' Compensation Commission at 800-372-77I3 or 5I2-804-4000 (www tdi.state. tx.usl 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 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 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. 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 fimiishers 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 objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. 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 $200 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 $200 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. TDAE 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 quantities32 note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOIN NG 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 fiu-nishing 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 firll 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. 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 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 cinder the terms of the contract documents. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. 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 thirty-one (31) working 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. 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. 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. 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. 46. 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_ 47. 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 hereimabove, 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 225 3, 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 Contactor, 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 Contact 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 Contact. 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. HOUSE BILL 2015 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work sunder a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 60. 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 runless 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. 61. HOUSE BILL 1295: DISCLOSURE 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://ci.lubbock.tx.us/departments/purchasing/vendor-information 62. SB 252 SB 252 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. Prohibition on Contracts with Companies Boycotting Israel Section 2270.002, 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 -tune 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. CITY OF LUBBOCK WAGE DETERMINATIONS Page Intentionally Left Blank EXHIBIT A City of Lubbock Building Construction Prevailing Wage Rates Craft Hourly Rate Automatic Fire Sprinkle Fitter, Certified 28.00 Block, Brick, and Stone Mason 23.00 Carpenters -Acoustical Ceiling Installation 16.00 Carpenter -Rough 13.00 Carpenter -All other work 16.50 Caulker/Sealers 12.00 Cement & Concrete Finishers 16.67 Commercial Truck Drivers 10.26 Crane & Heavy Equipment Operator 20.00 Door & Hardware Specialist 16.00 Drywall and Ceiling Tile Installers 16.00 Drywall Finishers & Tapers 12.00 Electrician 21.21 Floor Layers -Carpet and Resilient 18.00 Floor Layers -Specialty 18.00 Floor Layers -Wood 18.00 Glaziers 17.00 Heating, Air Conditioning & Refrigeration Svc. Tech 21.31 HVAC Mechanic Helper 13.62 HVAC Sheet metal Ductwork Installer 19.30 HVAC Sheet metal Ductwork Installer Helper 13.85 Insulation Workers -Mechanical 12.00 Irrigator -Landscape Certified 13.50 Laborer: Common or General 11.65 Laborer: Mason Tender -Brick 17.00 Laborer: Mason Tender-Cement/Concrete 16.92 Laborer: Roof Tear off 11.09 Roofer 17.44 Painters (Brush, Roller & Spray) 12.00 Paper Hanger 13.00 Pipe Fitters & Steamfitters 24.10 Plaster, Stucco, Lather and EIFS Applicator 17.00 Plumber/Medical Gas Installer 22.83 Plumber Helper 14.20 EDIT B City of Lubbock Heavy and Highway Prevailing Wage Rates Craft Hourly Rate Power Equipment Operator -Tower Crane 30.00 Hydraulic Crane Operators 60 tons & above 32.00 Operator Backhoe/Excavator/Truck hoe 20.25 Bobcat/Skid Steer/Skid Loader 15.22 Drill 16.00 Grader Blade 18.00 Loader 18.00 Mechanic 22.85 Paver (Asphalt, Aggregate, & Concrete) 17.00 Roller 15.00 Reinforcing Iron & Rebar Workers 14.33 Sheet Metal Workers, Excludes HVAC Duct Installation 21.38 Structural Iron & Steel Workers/Metal Building Erector 15.00 Asphalt Distributor Operator 16.50 Asphalt Paving Machine Operator/Spreader Box Operator 18.75 Backhoe Operator 18.00 Cement Mason/Concrete Finishers (Paving Structures) 15.00 Crane Operator (Hydraulic) 25.00 Electrician 17.50 Laborer 13.50 Laborer, Common 15.64 Laborer, Utility 13.50 Crane, Lattice Boom 80 Tons or Less 30.00 Loader/Backhoe 18.00 Roller/Other 15.00 Welder Certified/Structural Steel Weld 25.00 EXHIBIT 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 City of Lubbock, TX ITB 20-14972-TF 50th Street Tank Demolition Specifications Project Description As part of the Water Distribution Master Plan for the City of Lubbock, one of the proposed tanks to be furnished is located near the intersection of 50th Street and Joliet Avenue where there is currently an existing 1,000,000-gallon tank. The existing tank is to be completely demolished and removed. The tank resides between existing commercial and residential buildings, all of which in the process of demoing the structure need to be protected. Scope of Work 1. The successful bidder shall completely demolish and remove an elevated 1,000,000-gallon storage tank. The entire tank shall be removed including the foundation piers up to 10 feet in depth. Existing surface features such as the concrete slab, concrete piers, timber, and overflow drainage are also to be removed (Keyed Note 3, 12, 13 in P-1 drawing). 24-inch Steel Cylinder Reinforced Concrete water line from the center column of the tank south approximately 65 feet is also to be removed (Keyed Note 7 in P-1 drawing). Fence surrounding the area of the tank, including chain-link, brick, wood, gate, and posts with concrete are to be removed. A portion of the fence surrounding the temporary antenna will remain. 2. The contractor shall restore all removed surfaces to a condition equal or better than before the work began and to the satisfaction of the City. The contractor shall compact all disturbed areas to 90% compaction and will perform a standard proctor compaction test and provide the results. Top soil material shall be replaced to pre-construction conditions or better. All rubbish, unused materials and other non-native materials shall be removed from the jobsite. 3. The contractor will be responsible for protecting all existing infrastructure in the area. 4. All debris is property of the contractor and is their responsibility to meet local, state, and federal regulations for the dismantle and disposal of the tank including all its appendages. 5. The Contractor will be responsible for attending a coordination meeting prior to any mobilization to the site for the tank demolition. Once a Notice to Proceed is established, the contractor will have 30 days to complete the demolition of the tank and return the site back to its preexisting condition prior to the tank removal. 6. Cellular antennas/structures will be removed by others prior to demo, but existing temporary antennas and cell towers on wheels will have to be protected during the demo. 7. Refer to the attached drawings for the tank dimensions, site layout, and photos of the tank, taken on September 6th, 2019. Page Intentionally Left Blank LOCATION JOHN TURPIN, P.E. ASSISTANT CITY ENGINEER MICHAEL G. KEENUM, P.E., CFM CITY ENGINEER 179 SPUR 327MILWAUKEE FRANKFORDSLIDE ROADOLIVEGUAVAUNIVERSITYINDIANAQUAKERUPLANDALCOVEINLERQUITSNAAVE PMACKEYEATONWAUSAUQUINCYIOLACHICAGOUTICAMEMPHISELGINAVEUAVE HIVORYZENITHKEELWOODM.L.K. BLVD.FIDDLEWOODZEELANDI-27 AVE A65005800520044003400170033004400490073007900870095001600100250060022003800540070008600114TH ST. BLUEFIELD ST. KENT ST. URSULINE ST. ERSKINE ST. 4TH ST. 19TH ST. 34TH ST. 50TH ST. 66TH ST. 98TH ST. 82ND ST. VILLANOVA NEWCOMB FURMAN ADRAIN PRINCETON KEMPER COLGATE 9TH ST. 1ST ST. 14TH ST. 24TH ST. 29TH ST. 39TH ST. 44TH ST. 55TH ST. 61ST ST. 72ND ST. 77TH ST. 88TH ST. 93RD ST. 104TH ST. 109TH ST. STONEHILL KEUKA 120TH ST. (FM 1294) DREW - - - - - - 5000 3800 2100 600 25003400440052005800650073007900 16008700900 1700 3300 410010095002500340044005800650017003300 49001600100MILWAUKEEFRANKFORDSLIDE ROADOLIVEGUAVAUNIVERSITYINDIANAQUAKERUPLANDALCOVEINLERQUITSNAAVE PMACKEYEATONWAUSAUQUINCYIOLACHICAGOUTICAMEMPHISELGINAVEUAVE HAVE AIVORYZENITHKEELWOODM.L.K. BLVD.FIDDLEWOODZEELAND520073007900870095004400114TH ST. BLUEFIELD ST. KENT ST. URSULINE ST. ERSKINE ST. 4TH ST. 19TH ST. 34TH ST. 50TH ST. 66TH ST. 98TH ST. 82ND ST. VILLANOVA NEWCOMB FURMAN ADRAIN PRINCETON KEMPER COLGATE 9TH ST. 1ST ST. 14TH ST. 24TH ST. 29TH ST. 39TH ST. 44TH ST. 55TH ST. 61ST ST. 72ND ST. 77TH ST. 88TH ST. 93RD ST. 104TH ST. 109TH ST. STONEHILL KEUKA 120TH ST. (FM 1294) DREW - - - - - - 5000 3800 2100 600 835 835 1729 40 1729 62 82 114 IDALOU TOTo New Deal1294 1294 27 87 26411264 12642641 289 3020 SLATON TO 84 289 87 173017962 WOLFFORTH 82 289 VILLAGE REESE 114 2255179 289 84 2641 179SHALLOWATER 84 1294 25282641 CITY OF LUBBOCK ENGINEERING VICINITY MAP W. JARRETT ATKINSON CITY MANAGER STEVE MASSENGALE, RANDY CHRISTIAN, LATRELLE JOY JUAN A. CHADIS, SHELIA PATTERSON-HARRIS, JEFF GRIFFITH, CITY COUNCIL DANIEL M. POPE MAYOR City of Lubbock 50TH ST STORAGE TANK DEMO SEPTEMBER 2019 INDIANA AVE50TH ST 49TH ST JOLIET AVECVS APARTMENTS APARTMENTS APARTMENTSHOUSE HOUSE BUSINESS 1 2 50TH ST STORAGE TANK DEMO REVISIONS LEGEND TEXAS811 NOTE: P-1 50 SCALE 1"100' 1000 Lubbock City of KEYED NOTES 8 3 10 11 11 49TH ST INDIANA AVE50TH STJOLIET AVE1 1 MILLION GALLON ELIVATED STORAGE TANK TO BE REMOVED EXIST. WATER LINE EXIST. OVERHEAD ELECTRIC EXIST. CURB AND GUTTER CITY OF LUBBOCK PROPERTY 5 15 6 SITE PLAN STORAGE TANK DEMO 50TH ST TO BE PROTECTEDCELLULAR ANTENNA 9 POWER POLE 8 EXISTING 6" AC WATER 4 75 9 9 12 EXISTING CONCRETE SLAB TO BE REMOVED 13 EXISTING CONCRETE PIERS TO BE REMOVED 12 13 2 EXISTING ELETRICAL PAD TO BE REMOVED BY OTHERS DRAWING # 3-B-1705 4 EXISTING ALTITUDE VALVE & 24" SCRC TO REMAIN 7 EXISTING 24" SCRC WATER TO ME REMOVED 9 14 14 EXISTING ELECTRICAL CABINET TO BE REMOVED 15 EXISTING PORTION OF FENCE AROUND ANTENNA TO REMAIN 5 BRICK AND WOOD FENCE TO BE REMOVED 6 CHAIN LINK FENCE & POST WITH CONCRETE TO BE REMOVED DATE: 9/12/19 SCALE: 1"=100' CHECKED BY: JT DRAWN BY: CT DESIGNED BY: JK C.I.P. #92452.9241.30000 J.O. 119073 3 OVERFLOW DRAINAGE TO BE REMOVED 10 GATE TO BE REMOVED 11 CURB AND GUTTER TO BE PROTECTED SPECIFICATIONS. ACCORDANCE WITH CITY OF LUBBOCK 6. ALL WORK SHALL BE PERFORMED IN BEGINNING CONSTRUCTION. VERIFYING ALL STRUCTURES PRIOR TO 5. CONTRACTOR IS RESPONSIBLE FOR FIELD CONTRACTOR TO OBTAIN. SOLE RESPONSIBILITY OF THE ELEVATED STORAGE TANK WILL BE THE FOR THE DEMOLITION OF THE EXISTING 4. ANY/ALL NECESSARY PERMITS REQUIRED REQUIREMENTS. POLLUTION PREVENTION PLAN TO COMPLY WITH EPA'S STORM WATER 3. FOLLOW BEST MANAGEMENT PRACTICES ANY CONSTRUCTION ACTIVITY. 48 HOURS PRIOR TO BEGINNING 2. MANDATORY: CALL FOR LINE LOCATES JOSH FLUD @ 548-4152. DIFFERENT FROM THIS PLAN, CALL 1. PRIOR TO ANY CONSTRUCTION GENERAL NOTES: ELEVATED STORAGE TANK. THE DEMOLITION OF THE MUST BE PROTECTED DURING TEMPORARY MONOPOLES THAT CELL TOWER ON WHEELS AND WILL BE HOST TO MULTIPLE TEMPORARY CELL LOCATION SITE NOTES: PAVING/CONSTRUCTION. COMMENCING GRADING/ WORKING DAYS PRIOR TO LATER THAN TWO FULL UTILITY LOCATES NO DIALING 811 FOR CONTACT TEXAS811 BY CONTRACTOR SHALL 9"35'120'6"17' 10"17' 2"23' 4" TOP OF PIERS 10 POST VERTICAL TOWER LADDER & SAFETY CAGE LADDER & SAFETY CAGE VENT TOP OF OVERFLOW COLUMNS 34" X 17.85 R155'LADDER 50TH ST STORAGE TANK DEMO REVISIONS LEGEND TEXAS811 NOTE: DETAIL TANK DEMO 50TH ST STORAGE P-2 PAVING/CONSTRUCTION. COMMENCING GRADING/ WORKING DAYS PRIOR TO LATER THAN TWO FULL UTILITY LOCATES NO DIALING 811 FOR CONTACT TEXAS811 BY CONTRACTOR SHALL DRAWING # 3-B-1705 Lubbock City of ( DEPTH UNKNOWN ) 4'X4' CONCRETE PIERS DATE: 9/12/19 CHECKED BY: JT DRAWN BY: CT DESIGNED BY: JK C.I.P. #92452.9241.30000 J.O. 119073 SPECIFICATIONS. ACCORDANCE WITH CITY OF LUBBOCK 6. ALL WORK SHALL BE PERFORMED IN BEGINNING CONSTRUCTION. VERIFYING ALL STRUCTURES PRIOR TO 5. CONTRACTOR IS RESPONSIBLE FOR FIELD CONTRACTOR TO OBTAIN. SOLE RESPONSIBILITY OF THE ELEVATED STORAGE TANK WILL BE THE FOR THE DEMOLITION OF THE EXISTING 4. ANY/ALL NECESSARY PERMITS REQUIRED REQUIREMENTS. POLLUTION PREVENTION PLAN TO COMPLY WITH EPA'S STORM WATER 3. FOLLOW BEST MANAGEMENT PRACTICES ANY CONSTRUCTION ACTIVITY. 48 HOURS PRIOR TO BEGINNING 2. MANDATORY: CALL FOR LINE LOCATES JOSH FLUD @ 548-4152. DIFFERENT FROM THIS PLAN, CALL 1. PRIOR TO ANY CONSTRUCTION GENERAL NOTES: IN THE SPECIFICATIONS. DISTURBED AREAS OF DEMOLITION AS REQUIRED PROVIDING COMPACTION REPORTS ON ALL THE CONTRACTOR SHALL BE RESPONSIBLE FOR PRE-EXISITNG CONDITION. EXISTING SITE RESTORED TO ITS FROM THE GROUND SURFACE WITH THE REMOVAL OF THE PIERS UP TO 10' IN DEPTH CONTRACTOR SHALL BE RESPONSIBLE FOR THE SITE NOTES: 50TH ST STORAGE TANK DEMO REVISIONS LEGEND P-3 Lubbock City of DRAWING # 3-B-1705 PHOTO REFERENCES STORAGE TANK DEMO 50TH ST SEE P-1 KEYED NOTE #12SEE P-1 KEYED NOTE #13 SEE P-1 KEYED NOTE #14 SEE P-1 KEYED NOTE #2 CELLULAR ANTENNA TO BE PROTECTED DATE: 9/12/19 CHECKED BY: JT DRAWN BY: CT DESIGNED BY: JK C.I.P. #92452.9241.30000 J.O. 119073