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HomeMy WebLinkAboutResolution - 2015-R0253 - Contract - AMX Environmental Ltd - Abestos Abatement - 08/13/2015Resolution No. 2015-R0253 Item No. 6.9 August 13, 2015 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, Contract No. 12354 for the asbestos abatement and mold remediation at Citizens Tower located at 1208 14a' Street, Lubbock, Texas, per RFP 15 -12354 - MA, by and between the City of Lubbock and AMX Environmental, Ltd., of Dallas, 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 this 13th day of August , 2015. �j .0; .—O MAYOR ATTEST: Rebekca Garza, City Secretary \ APPROVED AS TO CONTENT: Mark Yearwo&, Assistant City Manager APPROVED AS W FORM: Attu LaurA Pratt, Assistant City Attorney RES.AMX Environmental 7.15.15 7.15.15 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: August 13, 2015 CITY OF LUBBOCK SPECIFICATIONS FOR Citizen's Towers Asbestos and Mold Abatement CONTRACT 12354 PROJECT NUMBER: 92369.8302.30000 CITY OF LUBBOCK Lubbock, Texas PAGE INTENTIONALLY LEFT BLANK Maugauffim PAGE INTENTIONALLY LEFT BLANK Ironshore Indemnity Inc. - Company Profile - Best's Credit Rating Center Page 1 of 2 Ratings & Criteria Center 40 Welcome Back Mary Roses My Member Center I Log Oul Regional Centers: Asia -Pacific I Canada I Europe, Middle East and Africa I Latin America I MENA & SCA Home I About Us I Contact Us I Sitemap Rating Search: Search n Advanced Search Add to BestAlert Ratings &Criteria v I� Print this page n Rating Process and Definitions + n Methodology + n Credit Rating Releases+ r ` Ironshore�.Indemni ? 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US Best's Executive Summary Report - Composite - Property/Casual http://www3.ambest.com/ratings/entities/SearchResults.aspx?AltSrc=9 9/23/2015 fLcity 0 ubbo k 6 T E X A S ADDENDUM 1 RFP 15-12354-MA Citizen's Towers Asbestos and Mold Abatement Date Issued: June 11, 2015 NEW Date Due: June 18, 2015 @ 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals. where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised of the following: 1) The due date for proposal submission is June 18, 2015 at 3:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to malvarez cumylubbock.us THANK YOU, N4V4 Director of Purchasing & Contract Management It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the Offeror's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any language requirements eta or any combinations thereof inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in _ writing and must be received by the Director of Purchasing & Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ADDENDUM 2 RFP 15-12354-MA Citizen's Towers Asbestos and Mold Abatement Date Issued: June 12, 2015 NEW Date Due: June 18, 2015 @ 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals. Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised of the following: Q and A's 1) Will the City supply the water? a) The contractor will be responsible for all costs associated with water for the project. 2) What is the voltage/amps? a) The total amps available will be 400 amps. 3) Will all the debris need to be removed? a) a. Debris that is obviously contaminated requires removal under containment for both asbestos and mold; b. Debris that is not obviously contaminated by either asbestos or mold AND IT IS NOT ANTICIPATED to become contaminated by remediation activity should be disposed of as regular construction debris, or protected from contamination if left in place requiring all debris left in place to be covered with 6 mil poly during remediation; c. Debris that is not obviously contaminated BUT CAN BE REASONABLY ANTICIPATED to become contaminated by remediation activities during the project will be required to be disposed of as contaminated waste. 4) Time allowed to work? a) a. Contractor's will be allowed to work up to ten (10) hours per day. b. Contractor's will not be permitted to work longer hours than ten (10) at the outset of the project. c. Hours worked per day shall be calculated and evaluated against the total project duration as specified and adjustments made as necessary. d. It is anticipated that hours worked per day may affect other contracts in place for the project thereby requiring City approval for any changes thereto. All requests for additional information or clarification must be submitted in writing and directed to: i- City of Lubbock Marta Alvarez, ` Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas 79457 i Questions may be faxed to (806)775-2164 or Emailed to ma lvarez(a)mylubbock.us THANK YOU, Director of Purchasing & Contract Management It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the Offeror's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any language, requirements etc., or any combinations thereof inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing & Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ADDENDUM 3 RFP 15-12354-MA Citizen's Towers Asbestos and Mold Abatement Date Issued: June 15, 2015 NEW Date Due: June 18, 2015 @ 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals. Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised of the following: Q and A's Q1. Do you know the size of the elevator to be installed for this removal? A. Size of the elevator is not known currently. Q2. Is the abatement contractor to have a trained laborer for using this elevator? A. Contractor will be required to have a certified operator for the construction elevator. Q3. Is all the demo debris on the floors to be disposed of as mold contamination or can this demo debris just be pushed to another part of the floor? A. Refer to Addendum 2. Q4. Are the elevators onsite to be demolished and if so can this elevator shaft be used to load out debris? A. Interior elevators are to remain. Contractor shall take measures necessary to protect from damage. Q5. Is the prevail wage for this project $ 12.35? A. The wage determination as of 3/16/2015 is attached. Q6. Is there a certain floor the abatement contractor is to start on or a certain sequence? A. Tentatively schedule process will start on 1 lth floor and proceed down the building. All requests for additional information or clarification must be submitted in writing and directed to: City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to malvarezAmylubbock.us THANK YOU, %14F, A%4U7 Director of Purchasing & Contract Management It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the Offeror's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any language. reouirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing & Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. EXHIBIT A GENERAL DECISION COUNTY INDEX W General Decision Number: TX150334 03/06/2015 TX334 Superseded General Decision Number: TX20140334 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 03/06/2015 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER ...................... $ 23.14 21.55 CARP0665-001 05/01 /2014 Rates Fringes CARPENTER ........................ $ 20.81 6.76 --------------------------------------------------------------- ELEC0602-008 09/01/2014 Rates Fringes ELECTRICIAN ...................... $ 20.84 3%+8.15 --------------------------------------------------------------- ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane ............. $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under .............. $ 27.50 10.60 ---------------------------------------------------------------- IRON0084-011 06/15/2014 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 22.02 ---------------------------------------------------------------- IRON0263-003 12/01/2013 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 22.70 ---------------------------------------------------------------- PLUM0404-026 07/01 /2013 Rates Fringes PIPEFITTER ....................... $ 22.80 7.16 PLUMBER .......................... $ 22.80 7.16 ---------------------------------------------------------- SHEE0049-001 06/01/2014 Rates Fringes SHEET METAL WORKER. (HVAC Duct Installation Only) ............... $ 22.49 11.14 ---------------------------------------------------------------- * SUTX2014-060 07/21/2014 6.35 535 Rates Fringes BRICKLAYER ....................... $ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 19.60 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ............... $ 19.77 7.13 IRONWORKER, REINFORCING .......... $ 12.27 0.00 LABORER: Common or General ...... $ 12.35 0.00 LABORER: Mason Tender - Brick ... $ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete.................. $ 10.58 0.00 LABORER: Pipelayer.............. $ 12.49 2.13 LABORER: Roof Tearoff........... $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe ....... $14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................ $ 13.93 0.00 OPERATOR: Bulldozer .............$ 18.29 1.31 OPERATOR: Drill ................. $ 16.22 0.34 OPERATOR: Forklift .............. $ 14.83 0.00 OPERATOR: Grader/Blade .......... $ 13.37 0.00 OPERATOR: Loader... ............. $ 13.55 0.94 OPERATOR: Mechanic .............. $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 0.00 OPERATOR: Roller ................ $ 12.70 0.00 PAINTER (Brush, Roller, and Spray) ........................... $ 14.27 0.00 ROOFER ........................... $ 13.75 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 TILE FINISHER .................... $ 11.22 0.00 TILE SETTER ...................... $ 14.00 2.01 TRUCK DRIVER: Dump Truck ........ $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................ $ 12.50 0.00 TRUCK DRIVER: Water Truck ....... $ 12.00 4.11 WELDERS - Receive rate prescribed for craft perfonning operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in b rocessing p the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (fornerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 15-12354-MA Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is to submit (1) one original and (1) one copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. 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. 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 and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. V1 Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. Ensure your bid is RECEIVED b the City of Lubbock Purchasing and Contract Management Y Y g g Office prior to the deadline. Late bids will not be accepted. 6. V1 Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION.Include firm's FEDERAL TAX ID number or Owner'sSOCIAL SECURITY number. 8. Complete and submit the PROPOSED .LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. (Type or Print Company Name) Pate Intentionally Left Blank t INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS GOVERNMENT CODE § 2269 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. LUMP SUM PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS 5. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS 6. PAYMENT BOND 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. DAVIS-BACON WAGE DETERMINATIONS 12. SPECIAL CONDITIONS (IF APPLICABLE) 13. SPECIFICATIONS Pase Intentionally Left Blank NOTICE TO OFFERORS Page Intentionally Left Blank i NOTICE TO OFFERORS RFP 15-12354-MA Sealed proposals addressed to Marta Alvarez, Purchasing Director, City of Lubbock, Texas, will be received in the office of the Purchasing Director, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 PM on June 15, 2015 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: Citizen's Towers Asbestos and Mold Abatement After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. The Contractor is required to submit one original and one copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 3:00 p.m. on June 15, 2015, and the City of Lubbock City Council will consider the proposals on July 9, 2015, 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 proposals and waive any formalities. The successful proposer 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 proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. The estimated budget for the project is $100,000 It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerrrr regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference on such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a pre -proposal conference on June 9, 2015 at 10:00 A.M.; in the wCity Hall 162513th street, Room 204, L bbock, Texas; 79401 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the r requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. r-11 CITY OF LUBBOCK, .Marta ACvarez Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT I GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank I" GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish the Citizen's Towers Asbestos and Mold Abatement per the attached specifications and contract documents. Sealed proposals will be received no later than 3:00 p.m. on June 15, 2015 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 15-12354-MA, Citizen's Towers Asbestos and Mold Abatement" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing Contract Managers Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.2 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - mandatory_ r Proposal conference will be held on June 9, 2015 at 11:00 A.M., in the Citv Hall. 1625 13th Street, Room 204, Lubbock, Texas, 79401. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. A site visit may be scheduled following the pre -proposal meeting. 2.3 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsync.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 i libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Manager. At the request of the proposer, or in the event the Purchasing Manager deems the interpretation to be substantive, the �_ 1 4 interpretation will be made by written addendum issued by the Purchasing Manager. Such addenda issued by the Purchasing Manager Office will be available over the Internet at hltp://www.bidUnc.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Manager Office no later than seven (7) calendar days before the proposal 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 explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Manager Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the proposals are received, and if no such notice is received by the Purchasing Manager prior to the opening of proposals, then it shall be deemed that the proposer 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 proposer does not notify the Purchasing Manager 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 seven (7) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP 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 proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Cocle 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer 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 proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. t_ 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 offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. I I PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the i project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Purchasing; Manager if and language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in i_. i_ 13 14 15 I writing and must be received by the City Purchasing Manager Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN THREE (3) DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock Purchasing and Contract Management Office 1625 13"' Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us Bidsync: www.bidslne.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 308 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 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. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 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 4 provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory p q tY, rY p 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 furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within 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 under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its i_ 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 a maximum of three -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 proposals have been opened and before the contract has been awarded, to require of a proposer the following information: RM 21 22 23 24 (a) The experience record of the proposer 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 proposer. (c) Equipment schedule. 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. 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, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer 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 Cityand written notice of cancellation or an material change will be provided y g p ided 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 1 submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer 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 proposer' 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 proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the __ necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to 1 the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 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. 26.4 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 under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 27 28 29 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on 1_ 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 P),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, $200 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. 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 under a governmental Ell contract will be penalized $200 for each individual that has been misclassified (Texas Govenunent Code Section 2155.001.). Elf PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price t 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 proposer without being considered. PREPARATION FOR PROPOSAL 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to 1 Offerors, and endorsed on the outside of the envelope in the following manner: LI 29.3.1 Proposer's name: AMX Environmental. Ltd. 3` 29.3.2 Proposal: RFP 15-12354-MA, Citizen's Towers Asbestos and Mold Abatement z j :t �j Proposal submittals may be withdrawn and resubmitted at an time before the time set for p Y Y _ opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). 1 (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. 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. 31 QUALIFICATIONS OF OFFERORS The proposer 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 proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all ' information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer 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 proposer. (d) The quality of performance of previous contracts or services. 9 (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner P1 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform r! work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 2269 The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 20% for Contractor Qualifications, 5% for Record of Performance, and 15% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the LJ formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are j evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 20% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. t 32.3 5% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively J evaluated and the formula is as follows: (Points X Weight = Score). Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 will be given a zero. The City may consider any incidents involving worker safety or safety of Lubbock residents, be it related j or caused by environmental, mechanical, operational, supervision or any other cause or factor _1 under the contractor's control. Evaluators base their rating primarily upon how well you 10 j document previous offenses with the date of the offense location where the offense occurred p , , type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio 32.4 15% COMPLETION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 32.6 The estimated budget for the construction phase of this project is $2,200,000 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of fora:, conditional alternate proposals, additions or alternates in lieu of the items specifiers 11 l _; F t__ I 34. 35 ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND i REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 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. PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.govldba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 12 u R TEXAS GOVERNMENT CODE & 2269 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. I I I IN I I Page Intentionaliv Left Blank r, I m I z Ll PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM LUMP SUM PRICE PROPOSAL CONTRACT :DATE: June 16, 2015 PROJECT NUMBER: RFP 15-12354-MA - Citizen's Towers Asbestos and Mold Abatement Proposal of AMX Environmental, Ltd. (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the Citizen's Towers Asbestos and Mold Abatement having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE PROPOSAL ITEM NO. DESCRIPTION UNIT MATERIALS LABOR 1 The project is for Citizen's Tower located at 1208 LS $539,536.00 $359,691.00 14th Street in Lubbock, Texas for asbestos abatement and mold remediation as identified in specifications attached hereto, TOTAL PROPOSAL CONTRACT ALLOWANCE No. One (1) {S 974.227.00 } Allowances Included Above ITE%t DESCRIPTION Provide a contingency allowance of $50,000.00 for any additional work deemed necessary by I Owner. This allowance shall not be spent without Owner's prior written approval. Provide an Independent Testing allowance of $25,000.00 for any additional work deemed 2 necessary by Owner. This allowance shall not be spent without Owner's prior written approval. DURATION - Contractors proposed TIME for completion: TOTAL CALENDAR DAYS: 180 Offeror's Initials 4 IV 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 THREE HUNDRED EIGHT (308) Consecutive Calendar Days thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of SIX HUNDRED DOLLARS (5600) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work. on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (S%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Offeror's Initials Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars r o o s ($ } o a Proposal Bond m the sum of S /Q Dollars ($_ 899;227.00 J, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within la business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Offeror ac )owledges receipt of the following addenda: Addenda No. I Date 6-1 1-15 Addenda No. _2 Date6-12-15 -- Addenda No. 3 Date 6- 15- 15 Addenda No. Date Date: Tune 16, 2015 Authorized Signavire Christopher J. Wells, Project Development Officer (Printed or Typed Name) W." 4 UT Ka • 2351 W. Northwest Hwy_, Suite 2118 Address TDallm , Dallas City, County TX 7522_0 State Zip Code Telephone: 214 - 353-gog7 Fax: 214 - 353-9095 Email: cwells 4amxc�m�aniec rom FEDERAL TAX ID or SOCIAL SECURITY No. CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non -responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: 9 Contractor's General Information Organization Doing Business As I AMX Fnvirnnmentnl T trl Business Address of Principle Office Telephone Numbers Main Number 214-353-8087 Number 214-353-8095 Web Site Address WWW.amxC i Form of Business (Check One) A Corporation X A Partnership An Individual Date of Incorporation NA State of Incorporation NA Chief Executive Officer's Name Tony Ross President's Name Thnmac Fnit-.v Vice President's Name(s) Secretary's Name Treasurer's Name Date of Organization State whether partnership is general or limited Name Business Address NA Average Number of Current Full Time 45-65 Average Estimate of Revenue for $3.5 million Employees I I the Current Year 8 Contractor's Organizational Experience Organization Doing Business As AMX Environmental, Ltd. Business Address of Regional Office Dallas, TX 75220 Name of Regional Office Manager Joe Carroll, GM Telephone Numbers Main Number 214-353-8087 Fax Number 214-353-8095 Web Site Address www.amxcom anies.com List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date AMX Ente rises Inc. 1996 2004 List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership NONE Years experience in projects similar to the proposed project: As a General Contractor 1 16 1 As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? N If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five ears? No If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No If yes provide full details in a separate attachment. See attachment No. Ll l+ Contractor's Proposed Key Personnel Organization Doing Business As AMX vir nm tal Ltd. Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. l General Manager has two major areas of responsibility reporting to him. Project Managers act as start to finish project oversight, from bidding to contracting and thru completion and close-out of the project. A separate Operations group delegate's manpower needs between projects, coordinates materials and disposal needs, and insures daily required paperwork is completed by field personnel. PMs and Operations both report to the GM. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. 2 AMX would assign an overall Asbestos Supervisor, familiar with local Lubbock practices to over- see the entire operation, with one to two additional Asbestos Supervisors assigned as foremen/ leadmen for direct management of the crew(s) assigned. It is not possible this far in advance to go beyond the probable Superintendent Supervisor as per the attachment. Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Chris Wells —Toe Carroll Project Superintendent Abelardo Plata Abel Delgado Project Safety Officer Quality Control Manager IChris Wells I Joe Carroll If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. 10 Proposed Project Managers Organization Doing Business As Name of Individual AMX Enviro1m nt l Lt . Chris Years of Experience as Project Manager 13 as Contractor: 4 12mvious as Consultant Years of Experience with this organization 13 Number of similar projects as Project Manager 35 1 us Number of similar projects in other positions 1 15 plus Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date TTTJ Projects- Wall -Gates Hall & Ag Science 0 6-30-15 for all Dallas 1-SD Srhnnk- MultipleSphools 20° 7-30-15 for all 1 ° Reference Contact Information(listing names indicates a roval to contactingthe names individuals as a reference Name See Attached Prq.jecti Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project wig Name of Individual Candidates role on Project Jo Carroll Years of Experience as Project Manager 20 plus Years of Experience with this organization 2 Number of similar projects as Project Manager 45 121ILs Number of similar projects in other positions NA Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Protect Candidate role on Project Candidate role on Project P, r u 11 Proposed Project Superintendent Business As Name of Individual Abelardo Plata Years of Experience as Project Superintendent 12 Years of Experience with this organization 16 Number of similar projects as Superintendent 15 1 us Number of similar projects in other positions 60 121us Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Proiect I Completion Date Reference Contact Information(listing names indicates approval to contacting the names individuals as a reference Name Name Title/ Position I I Title/ Position E-mail E-mail Project Project Candidate role on Candidate role Proiect on Proiect Name of Individual Abel Del ado Years of Experience as Project Superintendent g Years of Experience with this organization 12 Number of similar projects as Superintendent $ Number of similar projects in other positions 1 25 plus Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date Name See Attached e t Listing Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 12 Proposed Project Safety Officer Organization Doing Business As AMX Environmental Ltd. ri Name of Individual King Torres Years of Experience as Project Safety Officer 20 121us Years of Experience with this organization 12 Number of similar projects as Safety Officer u Number of similar projects in other positions NA Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date As Corporate Safety Officer 0 NA t Reference Contact Information(listing names indicates ap oval to contactingthe names individuals as a reference Name gee Attached Project Usting Name f Title/ Position Title/ Position Organization Organization l (� Telephone Telephone E-mail E-mail Project Project !l}! Candidate role on Project Name of Individual Candidate role on Project dPlata (see experieuice above) Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer l Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date s Name f( LA Name Title/ Position Title/ Position Organization Organization ' ) Telephone Telephone E-mail E-mail Project Project Candidate rolJon Project Candidate role on Project L� 13 I_F Proposed Project Quality Control Manager Organization Doing Business As Name of Individual AMX E it nme tal Ltd. Chris Well R (see experience above) Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information I isting names indicates ap oval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Name of Individual Candidate role on Project he Carroll (see experience above) Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date J Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 14 Contractor's Project Experience and Resources Business As Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five years which specifically illustrate the organizations capability to provide best value to the Owner for this project Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Equipment Item Primary Use on Project I Own I Witt Lease What work will the organization complete using its own resources? AMX plans to perform all work other than general construction debris transport using its own personnel and equipment. The general debris will generally be that non -asbestos contaminated debris associated with the projects mold remediation activities. What work does the organization propose to subcontract on this r2ject? Construction debris transport and disposal, most likely by Caprock Waste of Lubbock, which is more cost effective that utilizing our own personnel and equipment. H- P, 15 F Contractor's Subcontractors and Vendors Organization Doing Business As AMX Environmental Ltd. Mimi = Provide a list of subcontractors that will provide more than 10 percent of the work(based on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm NONE Provide information on the proposed key personnel, project experience and a description of past relationship and work experience for each subcontractor listed above using the Project Information Forms. Provide a list of maior equipment proposed for use on this project. Attach Additional Information if necessary Vendor Name Equipment / Material Provided Furnish Only Furnish and Install HUB/M WBE Firm Ahern Rentals Lubbock Lifts for material/debris moveme t X Unkn 16 -2 Aff •cj CO •co 0 E E LU 40— cz 0 C 40- 0 oj C CL V) 0. Ul CL 0 t Q '51 0 E 42 '2n 0 0 0 ca 0 ig .2 cs 0 0 0 0 u a u 0 03 03 p cri Cd r- cl tz 01 03 u 4) oj 0 0 U Q 16 5 V t q) tf, v 1 2 43 a) c u Q zx (D �e 7 CZ uce 0 Cl u u aVa 0 z 0 ej I 11 11 I I I I b 2 —Cd 0 0 E2 0� .2 Qa 0 0 U Z -2d E 0 CL E r- 0 u 0 Cd 0 r- -2 CL E 0 0r- . u t —CL 0 0 < < —M CA b ;- e Cd E 4) 2 41 iz o u U u Q Q 13o CL 0 0 CL • 0 r. m r- C-3 cn C% C- CL > cc U0 Ln 0 r- m C6 ,.0 �2 0 = = W 0 Z �20 'a u cd x 0 0) 0 0 21 LZ Cd 7 d. 4: 0 0 C) C-) cn z C4 SAMPLE PROJECTS & REFERENCES Projects: Park Hills Apartments/Abatement of 2 Complexes Project: Abatement of Vintage Lake Apartments Completed 4/07 Location: The City of the Village, OK Meadowbrook Condominiums Abatement Owner: The City of the Village, OK Completed 10/07 Owner's Location: Dallas, TX Rep.: Bruce Stone, City Manager 405-751-8861 Owner. Next Block- Dallas I, LP (Hunt Realty) Consultant: GMR and Associates, Inc.; Arless Murray Owner's Project Off 405-528-7017 Manager: Scoff Shipp 214-978-8584 Approx. $800,000 Consultant: EcoSystems Environmental, Inc.; Russ Gout Completed 8109 Approx. $1.1 Million Off 972-416-0520/Cell 972-877-3668 _ Approx. $800,000 Project: Abatement of Burned Units 45 & 46 Location: Corrigan, TX Project: University Gardens/Abatement of 3 Apartment Owner: Corrigan Housing Authority Complexes Consultant: Farmer & Associates; Craig Farmer Location: Dallas, TX Off 972-390-8014/Cell 214-597-0693 Owner: Southern Methodist University as Peruna Completed 7110 Approx. $24,000 Properties, Inc Owner's Project Manager: Ron Russell 214-768-3296 Consultant: Farmer & Associates; Craig Fanner Off 972-390-8014/Cell 214-597-0693 Completed 6107 Approx. $1.1 Million Project: Future Lake Highlands Town Center/Abatement of 5 Apartment Complexes Location: Dallas, TX Owner's Rep.: PC LH Land Partners, LP, c/o JaRyCo Development, LLC Owner's Project Manager: Bruce Heller 214-495-8681 Consultant: Southwest GeoScience; Darren Bowden Off 214- 350-5469/Cell 214-364-8142 Completed 4108 Approx. $3.5 Million INSTITUTIONAL & BONDED PROJECTS Dallas Independent School District 2002 Bond Program thru Jacobs/Pegasus, Program Manager Dallas, Texas (Starting June, 2004) Jacobs/Pegasus; David Scates, former PM 214-741-7777 Terracon; Kyle Burroughs 214-630-1010 Various Asbestos Removal at 52 Schools Pre -Demolition Abatements- 2 Apartment Complexes & 2 Church Complexes Last Completed School; 8105 Majority of District projects were over $25K, requiring Bonding coverage Approx. $2.5 Million (of $3.2) Million in bonded school work Texas Wesleyan University- Strip Mall Abatement(Baker Building) Ft Worth, TX Bonded to Thos . S Byrne, Ltd., Ft Worth Chad Anderson 817-335-3394 Completed 4108 $22.9K Fort Worth Independent School District thru AECOM, Program Manager Fort Worth, Texas (Starting June 2010) AECOM, Program Manager for FWISD 817-317-7700 Various Asbestos Removal, 9 Schools over $25K, requiring Bonding coverage Waverly Park, V. Williams, Morningside & Phillips Elem Schools; Monnig & Meacham Middle Schools; Western Hills, Diamond Hill & OD Wyatt High Schools Last Completed School; 8111 Approx. $700K in bonded school work Texas Tech University Abatement & Interior Demolition of the Rawls College of Business Administration Bonded to GC, Lee Lewis Construction; Michael Knight 860-548-2731 Consultant: EFI Global; Peter Ward 972-484- 6020 Completed 3112 $1.4 Million Dallas Independent School District 2008 Bond Program thru Jacobs, AECOM & Parsons, Program Managers for DISD Dallas, Texas (Starting June 2010) Jacobs: William Meridith 972-925-7281 Parsons: Dan Smith AECOM: Robert McMinn Various Asbestos Removal, 18 Schools, the DISD Admin Bldg and a Church Complex over $25K requiring Bonding coverage Moseley, Walnut Hill, Rice, Maple Lawn, Runyon, Blanton & Lagow ES; Rusk, Long, Cary & Anderson MS; Wilson, Madison, Lincoln, Fridia, Jefferson, & Skyline HS; Nolan Estes Ed Plaza; Dallas ISD Admin Bldg; and Gill ES Gill ES last completed school 11/13 Approx. $2.87 (of $3.5) Million in bonded school work Texas Tech University Abatement of Windows at Stangel & Murdough Restroom Abatement at Stangel Hall GC, Teinert Commercial Building Services; Jacob Kirkland, 806-744-2801 Consultants: on Windows, Grimes & Associates Joe Grimes 806-863-2462; on Restrooms, Environmental Services Agency Terry Adams 806-834-4791 Completed 6114 $321K Texas Tech University Abatement Supporting Life Safety Upgrades, Human Sciences Bldg GC, Sandia Construction; Michael Haverdink 806- 745-9450 Consultant: EFI Global; Peter Ward 972-484- 6020 Estimated Completion 12/14 $128K (Also, Completed similar projects at the TTU Architecture Bldg ($319K) and Biology Bldg & Lecture Halt ($198K) with Sandia and EFI Global) Southern Methodist University as Peruna Properties, Inc University Gardens/Abatement of 3 Apartment Complexes, Dallas, TX SMU PM, Ron Russell 214-768-3296 Consultant: Farmer & Associates; Craig Farmer 972-390-8014 Completed 6/07 $894K University of Texas- Dallas Priory Building Abatement Consultant: Southwest GeoScience; Darren Bowden 214-350-5469 Completed 6/07 $55.6K Southern Methodist University Potomac Apartment Structures (11) Abatement SMU PM, Susan Moore 214-768-4791 Consultant: Southwest GeoScience; Darren Bowden 214-350-5469 Completed 6/11 $324K Southern Methodist University Tower Apartments Abatement SMU PM, Fred Banes 214-768-1442 Completed 7/10 $24K SMU Underwood Law Library SMU PM, Art Wernersbach 214-768-4810 Completed 7/11 $13K Owen Fine Arts Building SMU PM, Susan Moore 214-768-4791 Completed 8/11 $20K Consultant for SMU on above Projects: Farmer & Associates; Craig Farmer 972-390-8014 Texas Technical University Abatement & Interior Demolition of the Rawls College of Business Administration Bonded to GC, Lee Lewis Construction; PM, Michael Knight 860-548-2731 Consultant: EFI Global; Peter Ward 972-484- 6020 Completed 3/12 $1.4 Million Texas Technical University Pre -Demolition Abatement of the Exercise Science Building Intercon Construction PM, Brent Bates/Bruce Walker 214-213 0492 Consultant: Professional Service Industries; Sri Krishnaprasad 214-330-9211 Completed 10/12 $105.8K Texas Technical University Abatement of the Architecture Building in Support of Life Safety Upgrades Sandia Construction PM, Michael Haverdink 806-745-9450 Consultant: EFI Global; Peter Ward 972-484- 6020 Completed 11/12 $297K SAMPLE RECENT PROJECTS Texas Technical University Abatement of the Human Sciences Building in Support of Life Safety Upgrades GC- Sandia Construction PM, Michael Haverdink 806-745-9450 Consultant: EFI Global; Peter Ward 972-484- 6020 Completed 1/15 $190K Texas Technical University Abatement & Select Interior Demolition of the Former Mass Communications Bldg GC- Western Builders of Amarillo, Inc. PM, Andy Turnbow, PM 806-376-4321 Consultant: EFI Global; Peter Ward 972-484- 6020 Completed 5/15 $807K Dallas Independent School District Abatement of Cjharles Gill ES Program Manager- Parsons PM, Abhijit Nigudkar 214-925-7268 Consultant: Apex -TITAN fka Southwest GeoScience Darren Bowden, 214-350-5469 Completed 12/14 $505K (Program Managers for DISD are restrained in the kind and t _n amount of information they can disclose.) DCT Sterlina LLC C/O DCT Industrial Post -Abatement Interior Demolition of Warehouse & Offices- 9010 Sterling DCT Industrial, Joe Williams 972-982-8560 Completed 3/15 $110K Texas Technical University Abatement of Windows at Stangel- Murdough Hall & Stangel Restrooms Consultant: Grimes & Assoc.s Wes Hennigh, 806-863-2462 Completed 6/14 $311K Abatement of Windows at Wall -Gates Hall Consultant: Grimes & Assoc.s Michael Otto, 806-863-2462 GC(both projects)- Teinert Commercial PM, Jacob Kirkland, 806-744-2801 Page Intentionally Left Blank City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I ain awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. (3C �4- Contra(Orig' al Signature) Christopher J. Wells, Project Development Officer Contractor (Print) CONTRACTOR'S BUSINESS NAME: AMX Environmental Ltd. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 2351 W. Northwest Hwy., Suite 2118 Dallas TX 75220 II NOTE TO CONTRACTOR II If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775- 2572. RFP 15-12354-MA - Citizen's Towers Asbestos and Mold Abatement Page Intentionally Left Blank SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Re -view Commission (OSHR.C), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection. Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firrn, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years`? YES NO X If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. 6 Offeror's Initials r� QUESTION TWO I. Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and i penalty assessed. QUESTION THREE Fill Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, P-1 corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 8 in 2013-14; 092 ._ H 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 will be investigated, with my full permission, and that any misrepresentations or issions may cause my proposal to be rejected_ r c. - wofln�x -If,& Signature Christo er J. WcAs Project Development Officer Title SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: AMX Environmental, T td. FEDERAL TAX ID or SOCIAL SECURITY C. Signature of Company Printed name of company official signing above: Christopher J. Wells, Project Development Officer Date Signed: June 16 2015 1. 2. 3. 4. 5. 6. 7. S. 9. 14. 11. 12. 13. 14. 15. 1.6. PROPOSED LIST OF SUB -CONTRACTORS Company Name Location Services Provided Ahern Rentals Lubbock Lubbock Lifts Caprock Waste Lubbock General Debris disposal Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: AMX Environmental Ltd (PRINT NAME OF COMPANY) RFP 15-12354-MA - Citizen's Towers Asbestos and Mold Abatement POST -CLOSING DOCUMENT REQUIREMENTS If no sub -contractors will be used please indicate so. FINAL LIST OF SUB -CONTRACTORS P u I Page Intentionally Left Blank a W U FINAL LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. Ahem Rentals Lubbock Lifts 0 0 2. Caprock Waste Lubbock General Const. Debris 0 0 3. Blackwater Scaffolding— Lubbock Scaffolding 0 n 4. 0 0 5. 0 0 6. 0 0 7. 0 0 8. 0 0 9. 0 0 10. 0 0 11. 0 0 12. 0 0 13. 0 0 14. 0 0 15. 0 0 16. 0 0 SUBMITTED BY: Abd2i Luiroppywal- Lid, (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 15-12354-MA - Citizen's Towers Asbestos and Mold Abatement Paae Intentionally Left Blank PAYMENT BOND Paize Intentionally Left Blank 4 of 5 Originals (CONTRACTSSTATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE 0' r i1'ttt :• • • 1111 KNOW ALL MEN BY THESE PRESENTS, that AM Environmental,Ltd. {hereinafter called the Principal(s), as Principal(s), and Ironshore Indemnity Inc., One State Street Plaza 7th Floor, New York, NY 10004 (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 NIlE fIU><tDRED SEVENTY: FOUR THE)USAI�FD TWa >E[Ul�tl3RED TWENTY-SEVEN DOLLr RS {$ 974,227) 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 Oblig uee, dated the 13 day of August, 2015, for RFP 15-12354-MA - Citizen's Towers Asbestos and Mold Abatement 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 shallbe 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 16th day of September 2015. Ironshore Indemnity Inc. Surety (Titlj);7rar L Carlile, Attorney -in -Fact AMX Environmental, Ltd (Company Name) By: 1off_ {Prin (Signature) (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Corporation Services Company an agent resident in Travis 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, Corporation Services Company 211 E 7th St Ste 620 Austin, TX 78701-3218 Approved as to form: City of Lubbock Ironshore Indemnity Inc, Surety By. (Title) Trac L. O-L Att ney-in-Fact 'k Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. No Text Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: Christopher L. Dobbs, Jalene Brown, and Tracy L. Carlile its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22nd day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this 7th day of August, 2013 IRONSHORE INDEMNITY INC. r' �tlelpy, _ By: $�L Dane L. Suss n 19t9 �.%r`t Director ACKNOWLEDGEMENT On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ,P•'r!.P'•--- aMv L. avLori Notary Pubao State of Tennessee ' - DaWeson County q•'�. - My Commiealon soi-09-te +Bwms Amy L Tayl Notary Pubec CERTIFICATE 1, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this tsth Day of Seateinber 20 is a- 7919 e 2�/�Z/L Paul S secreary 'WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." KNOW ALl Principal(s), STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) BY THESE PRESENTS, that AMX Environmental, Ltd. (hereinafter called the cipal(s), and 13 (hereinafter called the Sure (s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the ount of NINE HUNDRED SEVENTY-FOUR THOUSAND TWO HUNDRED TWENTY-SEVEN DOLLARS 974,227) lawful money of the United States for the payment whereof, the said Principal and Surety bind themsel s, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presen . WHEREAS, the Principal has entered in a certain written contract with the Obligee, dated the 13 day of August, 2015, for RFP 15-12354-MA - Ci ' en's Towers Asbestos and Mold Abatement and said Principal under the law is required befcXe commencing the work provided for in said contract to execute a bond in the amount of said contract which ontract 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 BLIGATION IS SUCH, that if the said Principal _. shall pay all claimants supplying labor and material to him o a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; o erwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursu to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shal be determined in accordance with the provisions of said Article to the same extent as if it were copied at length erein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have igned and sealed this instrument this day of 2015. Surety *By. (Title) (Compa Name) By: (Printed e) (Signature) (Title) 1 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby Ites an agent resident in Lubbock County to whom any requisite notices may be ,d 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 offic\tSuretyof Company there must be on file a certified extract from the by-laws showing that this person hassign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney fo 2 PERFORMANCE BOND I I iM I I I Page Intentionally Left Blank H I I 1 4 of 5 Originals STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS, GOVERNMENT CODE (CONTRACTS MORE'`HAN�$50,000) Bond No SUR20000421 ALL MEN BY THESE PRESENTS, that ANX Enviir2nxnental, Ltd. (hereinafter called the l(s), as Principal(s), and Ironshore Indemnity Inc., One State Street Plaza 7th Floor, New York, NY 10004 oinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter :d the Obligee), in the amount of NINE HiNDR.ED SEVENTY-FOUR THQUSAND TWO HUNDRED ENTY-SEVEN DOLLARS ($ 974,227) lawful money of the United States for the payment whereof, the said cipal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly severally,firmly by these presents. AS, .the Principal has entered into a certain written contract with the Obligee, dated the L3 day of 2015, for kFP 15-12354-MA -Citizen's Towers Asbestos and. Mold Abatement said Principal under the law is required before commencing the work provided for in said contract to ute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as 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' pay all claimants supplying labor and material to hiin or a subcontractor in the prosecution of the work ded 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 lsth day of September 2015. Indemnity Inc. AMX Environmental, Ltd (Company Name) By: o� 5 ttle; Tracy C.10-0@; Attomey-in-Fact ame (Signature) 6v (Title) I No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Corporation Services Company an agent resident ' ravis County to whom any requisite notices may be delivered and on whom service of process may be h ers arising out of such suretyship. Corporation Services Company 211 E 7th St Ste 620 Austin, TX 78701-3218 Approved as to form: City of Lubbock By. -A �� ty Attorney Ironshore IndemniVy .C. Surety �` By ( ttle) Trac t64, Atto ey-in-Fact * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in pact, we must have copy of power of attorney for our files. Ia Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: Christopher L. Dobbs, Jalene Brown, and Tracy L. Carlile its true and lawful Attorneys) -in -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22nd day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this 71h day of August, 2013 IRONSHORE INDEMNITY INC. Aeo sy:(d 69L Da a L. Sus n 19/9 m _ Director ACKNOWLEDGEMENT On this 71h Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. AMYL. AYL R c Notary PUbNG State o/ T. - ..ac DaMson County My Ccown"on Expires 01-W16 Amy L. Tayi Notary Pubik CERTIFICATE 1, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 16tb Day of September 20 15 fppofi�rt 9EAL ir? 1919 i € Pau15. SKrMry "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." No Text ? STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) i KNALL �- Prin;cipal(s),asPniY THESE PRESENTS, that AMX Environmental, Ltd. (hereinafter called the .. pal(s), and �x (hereinafter called the Surety , as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the am nt of NINE HUNDRED SEVENTY-FOUR THOUSAND TWO HUNDRED TWENTY-SEVEN DOLLARS { 4,227) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselve and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a ertain written contract with the Obligee, dated the 13 day of August, 2015, for RFP 15-12354-MA - Citiz 's Towers Asbestos and Mold Abatement and said principal under the law is required before co mencing the work provided for in said contract to execute a bond in the amount of said contract which cont ct 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 OBL ATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specs cations 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 t e provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be termined 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 sign d and sealed this instrument this day of 2015. Surety *By: (Title) (Company Nal,e) By: (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby design es an agent resident in Lubbock County to whom any requisite notices y be delivered and on whom service of process may be had in matters arising out of such suretyship. Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Sur showing that this person has authority to copy of power of attorney for our files. Surety *By: (Title) Company, there must be on file a certified extract from the by-laws such obligation. If signed by an Attorney in Fact, we must have 2 CERTIFICATE OF INSURANCE P L I Paae Intentionally Left Blank ril I I I I I J I I AMXENTE-02 PHILLIPSC CERTIFICATE OF LIABILITY INSURANCE DA- 81311201631/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be andomed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsament(s). PROtweER License # 0E87768 130 VanUstronmantai Ins. Services Suite Io Via)*, CA 92666 IIDAYB Rli2abeth Leach a .(600 992-6999 I : (800) 999-3987 ADORass: Elizaboth.Leach@ioausa.com lNSURQIS AFFORDINGCDVERAGE ttAlCa INSURM A -Crum & Forster Specialty Insurance Company 520 woo AMX Environmental, Ltd 23SI W. N.W. Highway, #2118 Dallas, TX 75220 wsoms:Texas Mutual Insurance Company-22945 elKRUm C: INSUReR D t INSURER E: INSURER F L.Uv=J%AU=Q L.CKI 11-IUA 1C r4UrdH2:KC 90"Wr1M MI IAarICD. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WENCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SMECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TM OF INSURANCE PO UCY N LlAItIi A X COMMERCUL GENEIM L"LITY DtAArsuAOe ocx>ut Contractors PoiluL X X PK-0060T5 11/01/2014 11/01/2016 EACH OCCURRENCE s 1,000,00 X M s 60,00 UEOEU�(M one rneer s 5,00 X Transportation Poll. PMMONAL 9 ADVINAW S 1,000,00 GWL AGGREGATE DART APPLIES PER. POLICY © M M Loc GENERAL AGWGATE s 1.000,004 PROauCTS-COMPADPAGG s 110001 ransp. Poll. s 11000100 OTHM AUTDMGBU UABLnY a � MO L s BODILY INJURY (hrpMSOn! f ANY AUTO ALLOVMIEO S�C�HpSO�ULED AUTOS NOtJOVITIED KRFAAUTOS AUTOS BODILYINJURYfFW&=i M t S s A X UMAR=AUAaX "CassUAM OCCUR CLAaaW DE X X FX102082 1I M12014 1110112015 EACHOCCURRINCE s 0,000,00 AGGREGATE 9,000,00 X / 0 s B rrororERs eowOrsATlon ANYPRaReAmNaimucunva YIN OFWCKRAN A M E=LUD107 e in"EL �` N I A X STA000i272383 0710212M5 07/02/2016 I,. E EACH ACCWNT s Soo, DISEASE -EA t AIPLOYtE S 600,00 EL SEASE-POUCYUMIT IS 600.00 A rofessional Liab EPK406078 11/0112814 111M12M5 Included In GL Above DESCRWTION OF OPMA710US r LOCATIONS I VOOCU a IACOM rn, AddN1mW ntmv1w Wwduk may ca nurn.a jr ma.,pa" I, r9*41.dI Re: Citizen's Tower Asbestos and Mold Abatement, Contract 12354 City of Lubbock is an Additional Insureds for General Liabft with respect to work performed for them by the Named Insured as required by written contract, W Blanket Additional Insured endorsement Nos, CG 2010 07 04 i CG 20 37 07 04. Blanket Waiver Subrogadon of applies to General Liability and Workers' Compensation per Endorsement Nos. CO 24 04 10 93 & WC 42 03 04 A. Irty(30) Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium applies, in accordance with poky provisions. P skma Liability Is written on a Claims Made basis. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BORE THE RMUTiON DATE THEREOF, NOTICE WILL 89 DELIVIUM IN ACCORDANCE WITH THE POLICY PROVISSR IS. CityAUTIIORQ@D of Lubbock IIiPRESENTATIVE P.O.PABox 2000, Room 204 ` IV 198e-z014 ACORO CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD EPK-1060778 All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. S. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rate. If the first Named Insured cancels, the refund may be less than pro rate. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be su& clent proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes In the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement Issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surreys at any time; IL001711 98 b. nil you reports on the conditions we fund; c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surreys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. L=ML=711 ,1 The first Named Insured shown in the Declara- tions: 1. las'tl responsible for the payment of all premiums; 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except In the case of death of an Individual named In- sured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre- sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 1198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 a POLICY NUMBER* EPK-1060778 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ! it • � • - • • � 1 1 • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Pemson(s) Or Organiza- tion(s) Location(s) Of Covered Operations Any person or organization when you have agreed in writing Where specified by written contract, in a contract or agreement that such person or organization e added as an Additional Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section It — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) desig. nated above. B. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply, This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment famished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your worts" out of which the Injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 13 POLICY NUMBER; FPK 1060778 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organiza- Location And Description Of Completed tion(s) Operations y person or organization when you have agreed in writing Where specified by written contract. n a contract or agreement that such person or organization e added as an Additional Insured for Completed Opera ions Coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured Is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described In the schedule of this endorsement performed for that additional Insured and included in the "products - completed operations hazard". CG 20 37 07 04 Q ISO Properties, Inc., 2004 Page 4 of 9 10 POLICY NUMBER: EPK 1060778 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. #Aoolb -ATC1,11 10 6-A IKO-1 1 0 14 Z4 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization when you have agreed in writing In a contract or agreement to waive your right of recovery against such person or organization. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -- COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your worts" done under a contract with that person or organization and included In the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 13 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown In Item 3,A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named In the Schedule, but this waiver applies only with respect to bodily irr>jury arising out of the operations described In the schedule where you are required by a written contract to obtain this waiver from us This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown In the Schedule. Schedule 1. ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2. oo percent of the premium developed on payroll in connection with work performed for the above person(s) or orgenizatlon(s) arising out of the operations described, 4. Advance Premium SEE ENOORSEbENT WC 99 03 01, GENERAL CHANGE FORM. This endWsenienl changes the patty to vfikh a IS atached effective aft the Inception date zr the policy unieas a diffaern date is Ind"ed aetow UM (otlewing'atlaching clause" need be compteted only when this endorsement Is issued wbsequerd to preparation of the poiicy,) This endorsement, atfedhe on July 2, 2015 at t2,tlt A M standard tome, farms a part at Policy No. STA-0001272363 20140702 oftheTexas Mutual Insurance Company Issuedto AMX ENTERPRISES LLP WC428304A (E0.1Ai-20M) INSURED'S COPY Endorsement No. t A—Zs�— ARapretaantativa AcoRc�►� CERTIFICATE OF LIABILITY INSURANCE �.../ DATE (MM' ) 9/31/2015 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sh AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holier Is an ADDITIONAL INSURED, the policypes) must be endorsed, if SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement s . PRODUCER Hutcherson Ins. Group P.O. Box 2096I%=$$,dana@hutchinsuce.net Denton TX 76202 Dana Warrington AID! uc . t>rao)3ea-sssz R MIRER a AFFORQWG COVERAGE NAIL 0 w A:American Mercury Lloyds Ins Cc 25470 INSURED AMX Management, Inc. Et. Al 2351 W. Northwest Highway Suite 2118 Dallas TX 75220 kl5tHiER e OSURMC. IriSX8 D• INSIRtERE: IMURSRF: COVERAGES CERTIFICATE NUMBER CLI571508839 RRVISION NUMAPR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT; TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF NSUstANCE Po NUMB R 1vMjCCMYYYY1 MMXXYYyvvl Marls COMMERCIAL GENERAL UAIK"Y CLAMS4AADE MOCCUR EACH OCCURRENCEmitu f PR tEsocan i MW W ww wwn) f PERSONA. d ADV 1143JRY f O&M. AGGREGATI L&W APPLISS PER RPOL" ❑ TECr MLOC OTHER GENERAL AGGREGATE f PRODUCTS- COMPtOPAGO I f A AUTOMOBILSIJILM X ANY AUTO �?'MED �MOED LEd HrREDAUTOS tAUT050 a71PiS069D9 e/13/2015 9/13/2024 � ,K y f 11000,000 BODILY INJURY tParpmun) S BODILY NJUflY(Paraeodero) f Px f f UMOULLA LIARHCLAIM54APOE EXCES9UA6 OCCUR e" OCCURRENCE S AGGREGATE f OED R ON S WORHERSCOMP6rAA110N AND EMPLOYERS' WBLnY Y l N ANY PROPRIETORIPARThERiexcu WE OFFICER(I EMSEl EXCLUDED? IMInaataylnt" t_fYynn 1M%Ct la irr10ar DESI'RIPTIONOP OPERAT10N5batcw NlA V M A E L EACH ACCtDENr S EL OtSME_EAEMPLOY f EL DISEASE- POLICY LMIT f J--- - Ll DEBCMMONOFOPEM710MILOCAIKMtVEMXU(ACORD10t.AdddwWRwnuk&6dwdub.fnaYMat4tlwdNmwarP-caL►agW*4 CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION REGARDING AUTO LIABILITY PROJECTS: ALL PROJECTS CERTIFICATE HOLDER rlaurl:l 1 A*Vnkl SHOULD ANY OF TILE ABOVE OnCRHIEO POLICMC BB CANCELLED BEFORE City of Lubbock PO Box 2000 THE EIPIRA7I0N DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PO= PROVISICH r. Lubbock, R}'C 79457 AUTHORIZED REMiBSINTATIVe Brian HutcheraonlCit 01988-2014 ACORD CORPORATION. All rights reserved ACORD 26 (2014M) The ACORD name and logo are registered marks of ACORD INS025 (2Duom ) NAMED INSURED INCLUDES THE FOLLOWING: AMX Management, Inc. Et. Al, AWA Construction & Specialty Services LP, AMX Communications Ltd, AMX Environmental Solutions LP, AMX Environmental Ltd, AMX Environmental Evolution Ltd, ALLCORP Services Ltd, AM Enterprises LLP, Allcorp Partners LLP. AMX Communications GP LLC, AMX Environmental LP, AMX Environmental GP LLC, Allcorp Services GP Inc., Allcorp Parnters Acquistion Ltd., Allcorp Parnters Acquistion GP LLC, Allcorp Acquistion Ltd, AMX Fire Protection Systems LP, Allcorp Acquistion GP LLC, AMX Environmental Solutions GP LLC, AMX Construction & Specialty Services GP LLC, AKK Industrial Services LP, AMX Industrial Services GP LLC, AMX VSS LLC. AMX Veterans Specialty Services LLC, AMX Veterans Specialty Contractors LLC, AMX Premium Cleaning Services LP dba AMX PCS LP, AMX Premium Cleaning Services GP LLC, AMX Specialty Building Systems LLC dba A4X SBS LLC, A14X Retreats Inc., AMXCATMAN, L.P OFREMARK COPYM T 2000, AMS SERVICES MC. Agent's Copy 201549-19-09.29.16 000000 R 2015.09.18-09.31.48.000M AR 1�t� 1'GXAS Commercial Auto Policy MERCURY EffeethcDoic 091150015 Page i INSURANCE GROUP Amended Declaration: Change Loss PayeelAddl Insured! rorsersiccorquesiionscall: 940.383--%96 *** REMINDER ---THIS POLICY IS DIRECT BILL *** Claims Number. (877) 707-7987 This daciaration sipaasciles any previous declaration bearing the same number for this policy period. ITE51 ONE Named Insured:AMX MANAGEMENT INC ETAL Agent insured HUTCHERSON INSURANCE SERVICES AMX MANAGEMENT INC ETAL P O BOX 2096 2351 W NORTHWEST HWY STW 2118 DENTON TX 78202 DALLAS TX 75220-8406 Customer ID:538832 Policy Number From tolicy Period o _ Company Name - _ .. Agent No. Agency Phone 1 8AP4506409 0$l14120l54- , ti8li312Ui6� Asneciean Mercury Lloyds lnsunutce Company 2T374 TX 940-392-9696 At 12:01AM Standard Time At Your Mailing Address Shown Above. FOR,'MI OF BUSINESS:Corporation IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL T14E TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED M ITHS POLICY. �1TEM TWO m SCHEDULE OF COVERAGES AND COVERED AUTOS 'ibisPolicy provides only those coverages tithcre u charge Is shovvn in the prtntium column below. i:ach orthese coverages wilt apply only to those autos shown as covered autos. Autos are slui%v as covered autos fora particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section orthe Business Auto Coverage Form neat to the nonic ortlm cuvcnur— .C4VEREU AUTOS .. ,_ ...,-.. WhitT .. _ ..r ..._. .. ,_...- (Entry of one or more of the symbols from file COVERED COVERACE9 AUTOS Section of the THE MOST ti;tE 1VILL PAY FOR ANY ONE pltEnitl t Business Auto Coverage Form ACCIDENT OR LOSS shows which autos are coveted autos) LIABILITY 10 S1,000,000 Combined Single Limit PERSONAL INJURY PROTECTION Not Applicable Rejected AUTO MEDICAL PAYMENTS 7 S5,000 Per Person UNINSUREDIUNDERINSURED Not Applicable Rejected MOTORISTS PHYSICAL DAMAGE Actual cash value or cost of repair, whichever is less, minus deductible shown in rrEM THREE. COMPREHENSIVE COVERAGE 7 Sec tTEM THREE for deductible for each covered auto but no deductible applies to loss caused by by Fire or lightning, See ITEM FOUR for diced or borrowed autos. ^MERCURY INSURANCE GROUP CA0244 0604 Texas Cancellation Provision or Coverage Change CA0244 0604 Texas Cancellation Provision or Coverage Change I1.0017 1198 Common Policy Conditions IL021 0903 Nuclear Energy Liability Exclusion CA9996 1101 Texas Premium Discount CA2394 0306 Silica or Silica Mated Dust Exclusion CA2304 0106 Exclusion of Terrorism agent's Copy 7GCAS Commercial Auto Policy Page 4 Eft'ective Dutc. 09/ I3/2015 Policy Numbcr. SAP4506909 losure& Na=:AMX MANAGEMENT INC ETAL TE?046A - 0392 Wuiver ofSubrogation Applies to: TEXAS DEPT OF STATE HEALTH SRVS MC 2003 ENVIRONMENTAL LIC GRP PO BOX 149347 AUSTIN TX TF-2046A - 03 92 Waiver of Subrogation Applies to: HACKMAN CAPITAL PARTNERS LLC I i I t I SANTA MONICA BLVD STE 750 LOS ANGELEE CA 90025-399{ TF-2046A - 0392 Waiver of Subrogation Applies to: OAKTREE REAL ESTATE OPPORTUNITIES FUND IV LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE REMINGTON IN VESTMENT FUND LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071-1504 TE2046A - 0392 Waiver ofSubrogation Applies to: OAKTREE OPPORTUNITIES FUND Vilt LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071-1504 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE OPPORTUNITIES FUND Vllt (PARALLEL) LP 333 S GRAND AVE FL 23 LOS ANGELES CA 90071 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE HUNTINGTON INVESTMENT FUND LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071-1304 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE OPPORTUNITIES FUND Vill (PARALLEL 2) LP 333 S GRAND AVE FL 28 LOS ANGELES CA 9007 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE CAPITAL MANAGEMENT LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071-1504 TE2046A - 0392 Waiver of Subrogation Applies lo: E-LOGIC 2822 MARKET LOOP STE 120 SOUTHLAKE TX 76092-9192 TE2046A - 0392 Waiver of Subrogation Applies to: RIDGEMONT COMMERCIAL CONSTRUCTION 1520 W WALNUT HILL LANE IRVING TX 7503&3701 TE2046A - 0392 Waiver of Subrogation Applies to: GLE ASSOCIATES INC SEARS AND KMART 4300 W CYPRESS ST STE 400 TAMPA FL 336074105 TE2046A - 0392 Waiver orSubrogation Applies to: ALLEN TEINERTCONSTRUCTION CO INC, TEINERT COMMERC PO BOX 5327 LUBBOCK TX 79400-5327 TE2046A - 0392 Waiver of Subrogation Applies to: KELLOGG BROWN & ROOT LLC 8121 BROADWAY ST STE 200 HOUSTON TX 77061-1342 TE2046A- 0392 Waiver of Subrogation Applies to: DCT ROYAL LANE LLC=1125 GATEWAY BLVD ITS AFFII.TAT 518 17TH ST STE 800 DENVER CO 84202-41 i TV-046A - 0392 Waiver of Subrogation Applies= CITY OF LUBBOCK PO BOX 2000 LUBBOCK TX 79457-WOI TE992413- 0998 Experience Modification Factor of*.0.76 ACORN►® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 8j31J2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER NAME CT Dana Warrington Hutcherson Ins. Group PHc No Ext: (940) 382-9696 FAC No: (940)387-6962 P.O. Box 2096 E-MAIL ADDRESS: dana@hutchinsure.net INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :American Mercury Lloyds Ins Cc 25470 Denton TX 76202 INSURED INSURER B : INSURERC: AMX Management, Inc. Et. Al 2351 W. Northwest Highway INSURERD: INSURERE: Suite 2118 INSURERF: Dallas TX 75220 COVERAGES CERTIFICATE NUMBER:CL1571508839 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO REN D PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMI Ea accident $ 1,000,000, X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BAP4506909 8/13/2015 8/13/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peracddent $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS L.IAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE I ER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE RI OFFICEMEMBER EXCLUDED? ❑NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION REGARDING AUTO LIABILITY PROJECTS: ALL PROJECTS City of Lubbock PO Box 2000 Lubbock, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) INSn75 »naenl N rian Hutcherson/DW © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS NAMED INSURED INCLUDES THE FOLLOWING: AMX Management, Inc. Et. Al, AMX Construction & Specialty Services LP, AMX Communications Ltd, AMX Environmental Solutions LP, AMX Environmental Ltd, AMX Environmental Evolution Ltd, ALLCORP Services Ltd, AMX Enterprises LLP, Allcorp Partners LLP. AMX Communications GP LLC, AMX Environmental LP, AMX Environmental GP LLC, Allcorp Services GP Inc., Allcorp Parnters Acquistion Ltd., Allcorp Parnters Acquistion GP LLC, Allcorp Acquistion Ltd, AMX Fire Protection Systems LP, Allcorp Acquistion GP LLC, AMX Environmental Solutions GP LLC, AMX Construction & Specialty Services GP LLC, AMX Industrial Services LP, AMX Industrial Services GP LLC, AMX VSS LLC, AMX Veterans Specialty Services LLC, AMX Veterans Specialty Contractors LLC, AMX Premium Cleaning Services LP dba AMX PCS LP, AMX Premium Cleaning Services GP LLC, AMX Specialty Building Systems LLC dba AMX SBS LLC, AMX Retreats Inc., AMXCATMAN, L.P ' OFREMARK COPYRIGHT 2000, AM SERVICES INC. Agent's Copy 2015-49-18-09.29.56.000000 R 2415-09-18-09.31.48.400M TEXAS Commercial Auto Policy AMERCURY Effective Date 09/15/2015 Page I INSURANCE GROUP Amended Declaration: Change Loss Payee/Addl Insured/ For service or questions Bali: 940-392-9696 *** REMINDER .— THIS POLICY IS DIRECT BILL *** Claims Number: (877) 707-7987 This declaration supersedes any previous declaration bearing the same number for this policy period. ITEM ONE Named Insured:AMX MANAGEMENT INC ETAL Agent HUTCHERSON INSURANCE SERVICES P O BOX 2096 DENTON TX 76202 Insured AMX MANAGEMENT INC ETAL 2351 W NORTHWEST HWY STW 2118 DALLAS TX 75220-8406 Customer 1D:538822 .Policy Number EoHey Perio �o Company Name Agent No. Agency Phonerom � 13AP4506909 08/ 14/220I5 - 08/13/2016 American Mercury Lloyds Insurance Company 2T374 TX 940-382-9696 At 12:01AM Standard Time At Your Mailing Address Shown Above. FORM OF BUSINESS; Corporation IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TEEMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS Phis policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those autos shown as covered autos. Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. _.... — COVERED AUTOS {Entry of one or more of the s},mbols from the COVERED COVERAGES AUTOS Section of the Business Auto Coverage Form shows which autos are covered autos) LIMIT THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS LIABILITY ill 1,000,000 Combined Single Limit PERSONAL INJURY PROTECTION Not Applicable AUTO MEDICAL PAYMENTS UNINS URED/UN DERINSURED MOTORISTS PHYSICAL DAMAGE COMPRE14ENSIVE COVERAGE 7 Not Applicable Rejected $5,000 Per Person Rejected Actual cash value or cost of repair, whichever is less, minus deductible shown in ITENI THREPI 7 See ITEM THREE Far deductible for each covered auto but no deductible applies to loss caused by by fire or lightning. See ITEM FOUR for hired or borrowed autos. PREMIUM AP4MERCURY INSURANCE GROUP CA0244 0604 Texas Cancellation Provision or Coverage Change CA0244 0604 Texas Cancellation Provision or Coverage Change 11,0017 1198 Common Policy Conditions IL0021 0908 Nuclear Energy Liability Exclusion CA9996 1101 Texas Premium Discount CA2394 0306 Silica or Silica Related Dust Exclusion CA2384 0106 Exclusion of Terrorism Agcnt's Copy TEXAS Commercial Auto Policy Page 4 Effective Date: 0911512015 Policy Number; BAP4506909 Insureds Name:AMX MANAGEMENT INC ETAL TE2046A - 0392 Waiver of Subrogation Applies to: TEXAS DEPT OF STATE HEALTH SRVS MC 2003 ENVIRONMENTAL LIC GRP Pd BOX 149347 AUSTIN TX TF-2046A - 0392 Waiver of Subrogation Applies to: HACKMAN CAPITAL PARTNERS LLC I I I t I SANTA MONICA BLVD STE 750 LOS ANGELEE CA 90025-399C TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE REAL ESTATE OPPORTUNITIES FUND 1V LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE REMINGTON INVESTMENT FUND LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071-1504 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE OPPORTUNITIES FUND Vllt LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071-1504 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE OPPORTUNITIES FUNS? VIII (PARALLEL) LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071• TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE HUNTINGTON INVESTMENT FUND LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071-I504 TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE OPPORTUNITIES FUND VI11(PARALLEL 2) LP 333 S GRAND AVE FL 28 LOS ANGELES CA 900 i TE2046A - 0392 Waiver of Subrogation Applies to: OAKTREE CAPITAL MANAGEMENT LP 333 S GRAND AVE FL 28 LOS ANGELES CA 90071-1504 TE2046A - 0392 Waiver of Subrogation Applies to: E-LOGIC 2822 MARKET LOOP STE 120 SOUTHLAKE TX 76092-9182 TE2046A - 0392 Waiver of Subrogation Applies to: RIDGENIONT COMMERCIAL CONSTRUCTION 1520 W WALNUT HILL LANE IRVING TX 75038-3701 TE2046A - 0392 Waiver of Subrogation Applies to: GLE ASSOCIATES INC SEARS AND KMART 4300 W CYPRESS ST STE 400 TAMPA FL 336074105 TE2046A - 0392 Waiver of Subrogation Applies to: ALLEN TEINERT CONSTRUCTION CO INC, TEINERT COMMERC PO BOX 5327 LUBBOCK TX 79408-5327 TE2046A - 0392 Waiver of Subrogation Applies to: KELLOGG BROWN & ROOT LLC 8121 13ROADWAY ST STE 200 HOUSTON TX 77061-1342 TE2046A - 0392 Waiver of Subrogation Applies to: DCT ROYAL LANE LLC, 1125 GATEWAY BLVD ITS AFFILIAT 518 17TH ST STE 800 DENVER CO 80202-41 TE2046A - 0392 Waiver of Subrogation Applies to: CITY OF LUBBOCK PO BOX 2000 LUBBOCK TX 79457-0001 TE9924B - 0998 Experience Modification Factor of: 0.76 Agent's Copy TEXAS Commercial Auto Policy Page 13 AMERCURY Efrccti�c Date: 09/15/20E3 Policy Number: BAP4506909 INSURANCE GROUP Insureds Name:AMX MANAGEMENT INC ETAL CA0244 0604 Texas Cancellation Provision or Coverage Change Number of days: 30 Applies to: Allen Teinert Construction Co Inc, Teinert Commercial Building Services PO Box 5327 Lubbock TX 79408-5327 CA0244 0604 Texas Cancellation Provision or Coverage Change Number of days: 30 Applies to: DCT Royal Lane LLC, 1125 Gateway Blvd its affiliates and subsidiaries 518 17th St Ste 800 Denver CO 80202-4124 ADDITIONAL INSUREDS see TE9901B TEXAS DEPT OF STATE HEALTH SERVICES MC2003 ENVIRONMENTAL LICENSING GROUP PO BOX 149347 AUSTIN, TX 78714-9347 HACKMAN CAPITAL PARTNERS LLC I I I I I SANTA MONICA BLVD STE 750 LOS ANGELES., CA 90025-3990 OAKTREE REMINGTON INVESTMENT FUND LP 333 S GRAND AVE FL 28 LOS ANGELES, CA 90071-.1504 OAKTREE OPPORTUNITIES. FUND VIII (PARALLEL) LP 333 S GRAND AVE FL 28 LOS ANGELES, CA 90071-1504 OAKTREE OPPORTUNITIES FUND VIII (PARALLEL 2) LP 333 S GRAND AVE FL 28 LOS ANGELES, CA 90071-1504 E-LOGIC 2922 MARKET LOOP STE 120 SOUTHLAKE, TX 76092-9182 LOS BARRIOS UNIDOS COMMUNITY CLINIC A TEXAS NON PROFIT CORP 809 SINGLETON BLVD DALLAS, TX 752124014 OAKTREE REAL ESTATE OPPORTUNITIES FUND IV LP 333 S GRAND AVE FL 28 LOS ANGELES, CA 90071-1504 OAKTREE OPPORTUNITIES FUND VIII LP 333 S GRAND AVE FL 28 LOS ANGELES, CA 90071-1504 OAKTREE HUNTINGTON INVESTMENT FUND LP 333 S GRAND AVE FL 28 LOS ANGELES, CA 90071-1504 OAKTREE CAPITAL MANAGEMENT LP 333 S GRAND AVE FL 28 LOS ANGELES, CA 90071-1504 MBJ3 A JOINT VENTURE 6300 N CENTRAL FXPY DALLAS, TX 75206-4102 MERCURY INSURANCE GROUP DFW INTERNATIONAL AIRPORT BOARD 3200 E AIRFIELD DR DFW AIRPORT, TX 75261 TEXAS TECH UNIVERSITY BASIC SDV INC 10713 RR 620 NORTH, F622 AUSTIN, TX 78726 CENCOR REALTY SERVICES INC C/O COMPLIANCE DEPOT LLC PO BOX 115006 CARROLLTON, TX 75011-5006 BBL BUILDERS LP TOLLWAY TOWERS NORTH. 15770 DALLAS PKWY STE 300 DALLAS, TX 5248-6600 TEXAS TECH UNIVERSITY TTU PROCUREMENT OFFICE PO BOX 41094 LUBBOCK, TX 79409-1094 KELLOGG BROWN & ROOT LLC 8121 BROADWAY ST STE 200 HOUSTON, TX 77061-1342 NACC INC, CITY OF DALLAS, OWNER HENSEL PHELPS CONSTRUCTION CO GC 1707 SUSAN DR ARLINGTON, TX 76010-5183 ITEM THREE Agent's Copy TEXAS Commercial Auto Policy Page 14 EtTective Datc: 09/15/2015 Policy Number. BAP4506909 InsuredsName:AMX MANAGEMENT INC ETAL GLR INC, ORANGE DEVELOPMENT INC AND CVSICAREMARK CORP & ITS SUBS & AFF 3795 WYSE RD DAYTON, OH 45414-2540 MURPHY AL MS LP & RELATED ENT CADDIS PTRS LLC & CADDIS MGMT CO LLC CIO CADDIS PTRS LLC 5910 N CENTRAL EXPY STE 200 DALLAS, TX 75206-5165 RIDGEMONT COMMERCIAL CONSTRUCTION 1520 W WALNUT HILL LN IRVING, TX 75038-3701 GLE ASSOCIATES INC SEARS AND KMART 4300 W CYPRESS ST STE 400 TAMPA, FL 33607-4105 ALLEN TEINERT CONSTRUCTION CO INC TEINERT COMMERCIAL BUILDING SERVICES PO BOX 5327 LUBBOCK, TX 79408-5327 CITY OF LUBBOCK PO BOX 2000 LUBBOCK, TX 79457-0001 DCT ROYAL LANE LLC, 1125 GATEWAY BLVD ITS AFFILIATES AND SUBSID1ARiES 518 17TH ST STE 800 DENVER, CO 80202-4124 SCHEDULE OF COVERED AUTOS YOU OWN Veh St Terr Description VIN Cost New/Sytnbol Stated Amt; 3 TX 002 1994 NISSAN UD 2600 TILTCAB TRUCK JNAPA08J9RGN75195 $37,467.00 4 TX 002 1995 NISSAN UD 1400 TILTCAB TRUCK JNAU4TIJ4SA302387 $29,373.00 5 TX 002 2001 FORD F350 SD CREW Truck IFDSW34LSJEC22007 $26,000,00 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIIITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG S Occurrence Personal & Adv. Injury S Owner's & Contractors Protective Each Occurrence S 0 Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ A UTOHO TI VE LIA BIL ITY Any Auto Combined Single Limit S All Owned Autos Bodily Injury (Per Person) S u Scheduled Autos Bodily Injury (Per Accident) S Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY _. Any Auto Auto Only - Each Accident S Other than Auto Only: Each Accident $ Aggregate S _' BUILDER'S RISK -.i 100% of the Total Contract Price $ tl INSTALLATION FLOATER _ $ ENCESS LIABILITY n Umbrella Form Each Occurrence $ Aggregate Other Than Umbrella Form S WORKERS COMPEhSATIONAND EMPLOYERS' LIABILITY The Proprietor' Included Statutory Limits Partners/Executive __. Excluded Each Accident S Officers are: Disease Policy Limit S Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK 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 CONTRACroR'S. THE ADDITIONAL INSURED FNDOR.` ENIENT SHALL. INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (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; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. Pate Intentionally Left Blank CONTRACT Page Intentionally Left Blank a; Contract 12354 STATE OF TEXAS COUNTY OF LUBBOCK I t THIS AGREEMENT, made and entered into this 13 day of August, 2015, 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, that AMX Environmental, Ltd. of the City of Dallas, County of Dallas 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 continence and complete the construction of certain improvements described as follows: RFP 15-12354-MA Citizen's Towers Asbestos and Mold Abatement and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement that AMX Environmental, Ltd.'s proposal dated June 16, 2015 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LUBB CK TE (OWNER): AMX Enviro m tal Ltd. By: '— -C� PRINTED NAME: TITLE:C CC2 COMPLETE ADDRESS: Company: AMX Environmental, Ltd. Address: 2351 W. Northwest Hwy, Suite 2118 City, State, Zip: Dallas, TX 75220 . ATTEST: ora e e e a vu> By: Glen obe s , Mayor A ST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Faci sties Management Mark Y wo , Assista City Manager Chief Information Officer APPROVED A TO FORM: Assis ant City Attorney Pate Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Pate Intentionally Left Blank 1, OWNER 3. 4. GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit AMX Environmental, Ltd. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative, Wesley Everett, Director of Facilities Management, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives 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. 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 t, 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. a IM 11 12, 13. 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. 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. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. 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. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished 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. 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 1 failure to perform the work in accordance with the Contract Documents. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative's)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR`S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shalt 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 man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent - required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to r� 4 s- 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. c ' 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 further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a - claim for 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 I . 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 r ' shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, 1_ 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 j kept and records of these accounts shall be made available to the Owner's Representative. The Owner's , Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted ' by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." rij 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 t 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 i 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. 1 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, shalt 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 seven (7) 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 confonnity 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 CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) t The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products-Comp/Op AGG Contractual Liability Personal Injury & Advertising Injury B. Pollution $1,000,000 C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) i The Contractor shall have Comprehensive Automobile Liability Insurance with lit -nits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, 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. The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $2,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverage's. F. Worker's Compensation and Employers F. Worker's Compensation or Occupational Medical and Disability (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. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 9 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; b provide to the Contractor, prior to that person beginning work on the project, a certificate () p > p p g� g p j > 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; notify the governmental entity in writing b certified mail or personal delivery, within 10 (fl f}' g tY � g Y p rY> 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 i (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. ' 1-� 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 1 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 I administrative penalties, criminal penalties, civil penalties, or other civil actions. 10 ` F 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. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; I' (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 FA affects the provision of coverage of any person providing services on the project; r (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: 1 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employees " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (iviviutdi.stute.tx us) to receive information: of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 12 (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (IS) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, 13 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 perfonn 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 fiom. 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 $650 per 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. i 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. 14 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 at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that 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. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, 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 15 approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the _, proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the , contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there c are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by t 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 Ll On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application f for partial payment. Owner's Representative shall review said application for partial payment if submitted, and AL -A 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 i _ 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 16 retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. 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. 17 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 j Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed s 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 t bond shall be notified in writing and directed to complete the work and a co of said notice shall Surety on he bo g p copy be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the r-- Contractor, no further notice of such non-compliance to Contractor shall be required. 1 i i_i 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 18 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 men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or 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 x hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor } or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies 19 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. 1 : 9 10 The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Govemment Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company Iisted 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 1 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 ` l covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's i._ 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. 1 A 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 Ieave 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. 20 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 21 Pate Intentionally Left Blank DAVIS-BACON WAGE DETERMINATIONS Pace Intentionally Left Blank EXHIBIT A General Decision Number: TX150334 03/06/2015 TX334 Superseded General Decision Number: TX20140334 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 03/06/2015 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER ...................... $ 23.14 21.55 -------------------------------------------------------------- CARP0665-001 05/01 /2014 Rates Fringes CARPENTER ........................ $ 20.81 6.76 --------------------------------------------------------------- ELEC0602-008 09/O1/2014 Rates Fringes ELECTRICIAN ...................... $ 20.84 3%+8.15 ---------------------------------------------------------------- ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane ............. $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under .............. $ 27.50 10.60 ------------------------------------------------------------- IRON0084-011 06/ 15/2014 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 22.02 ------------------------------------------------------------ IRON0263-003 12/01 /2013 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 22.70 ----------------------------------------------------------- PLUM0404-026 07/O1/2013 Rates Fringes PIPEFITTER ....................... $ 22.80 7.16 PLUMBER .......................... $ 22.80 7.16 ---------------------------------------------------------- SHEE0049-001 06/01 /2014 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only) ............... $ 22.49 11.14 ---------------------------------------------------------- * SUTX2014-060 07/21/2014 Rates Fringes BRICKLAYER ....................... $ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER...$ 19.60 0.00 6.35 5.35 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ............... $ 19.77 7.13 IRONWORKER, REINFORCING .......... $ 12.27 0.00 LABORER: Common or General ...... $ 12.35 0.00 LABORER: Mason Tender - Brick...$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete.................. $ 10.58 0.00 LABORER: Pipelayer.............. $ 12.49 2.13 LABORER: Roof Tearoff........... $ 11.28 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 14.25 OPERATOR: Bobcat/Skid Steer/Skid Loader ................ $ 13.93 OPERATOR: Bulldozer ... ......... .$ 18.29 OPERATOR: Drill ................. $ 16.22 OPERATOR: Forklift .............. $ 14.83 OPERATOR: Grader/Blade .......... $ 13.37 OPERATOR: Loader ................$ 13.55 OPERATOR: Mechanic .............. $ 17.52 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 OPERATOR: Roller ................ $ 12.70 0.00 order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted 0.00 union average rate). i // 1.31 0.34 0.00 0.00 0.94 3.33 too PAINTER (Brush, Roller, and Spray) ........................... $ 14.27 0.00 ROOFER ........................... $ 13.75 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 TILE FINISHER .................... $ 11.22 0.00 TILE SETTER ...................... $ 14.00 2.01 TRUCK DRIVER: Durnp Truck ........ $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................ $ 12.50 0.00 TRUCK DRIVER: Water Truck ....... $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification. and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non- union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION l*114:1 ol1i Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. r i SPECIFICATIONS Page Intentionally Left Blank r ASBESTOS REMOVAL SPECIFICATIONS for CITIZEN'S TOWER 1208 14TH STREET LUBBOCK, TEXAS FOR CITY OF LUBBOCK LUBBOCK, TEXAS Prepared by ENV EEAA . SERVICES AGENCY, L.L.0 P.O. Box 94182 LUBBOCK, TEXAS 79493 April 28, 2015 ul� - Terry L. Adams Project Designer Asbestos Consultant DSHS #105683 Expires August 7, 2015 And Mold Assessment Consultant DSHS # MAC-1093 Expires Jan 12, 2017 SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 2011 EDITION i • Mold contaminated ceiling tile 1500 sf 5. Omni Tower, 8th Floor Estimated Quantity (sheets in the AB-6 series floor plans and MR-4 are associated with the scope of work identified below) • Black mastic 6000 sf • 9" x 9" brown the with light accents 20 sf • Sheet flooring, small rock pattern 150 sf • Ceramic tile, with grout or mortar on floors 500 sf l . • Texture, heavy spray 18000 sf • Ceramic tile with grout and mortar on walls 600 sf • Hard mud pipe fittings 25 ea • Mold contaminated drywall 6000 sf • Mold contaminated carpet 5500 sf • Mold contaminated ceiling the 800 sf 6. Omni Tower, 7th Floor Estimated Quantity (sheets in the AB-7 series floor plans and MR-5 are associated with the scope of work identified below) • Black mastic, mixed with carpet glue 9600 sf • Ceramic tile, with grout or mortar on floors 800 sf • Ceramic tile with grout and mortar on walls 600 sf • Hard mud pipe fittings 25 ea • Mold contaminated drywall 4000 sf • Mold contaminated carpet 7000 sf • Mold contaminated ceiling the 800 sf 7. Omni Tower, 61h Floor Estimated Quantity (sheets in the AB-8 series floor plans and MR-6 are associated with the scope of work identified below) • Ceramic tile, with grout or mortar on floors 800 sf • Ceramic tile with grout and mortar on walls 1100 sf • Mold contaminated drywall 100 sf • Mold contaminated carpet 6000 sf • Mold contaminated ceiling tile 200 sf 8. Omni Tower, 5th Floor Estimated Quantity (sheets in the AB-9 series floor plans and MR-7 are associated with the scope of work identified below) • Black mastic dots on walls 50 sf • Ceramic tile, with grout or mortar on floors 1000 sf • Ceramic tile with grout and mortar on walls 600 sf • Mold contaminated drywall 1500 sf • Mold contaminated carpet 8000 sf • Mold contaminated ceiling tile 200 sf City of Lubbock Citizens Tower Asbestos and Mold Abatement 01010 -3 t 'S_ 1 SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 ., 2011 EDITION 9. Omni Tower, 0 Floor Estimated Quantity (sheets in the AB-10 series floor plans and MR-8 are associated with the scope of work identified below) • Black mastic under carpet 9600 sf • 12" x 12" beige the with multi -accents 150 sf • Hard mud pipe fittings 25 ea • Mold contaminated drywall 2000 sf • Mold contaminated carpet 3000 sf 10.Omni Tower, 3rd Floor Estimated Quantity (sheets in the AB- 11 series floor plans and MR-9 are associated with the scope of work identified below) • 24" x 48" fissured and perforated, large 5000 sf • Black mastic under carpet 9100 sf • 12" x 12" beige tile with multi -accents 150 sf • 12" x 12" off-white the with light accents 200 sf • 12" x 12" beige tile with white accents 300 sf • Undercoat, sink 1 ea • Ceramic tile, with grout or mortar on floors 500 sf • Ceramic tile with grout and mortar on walls 600 sf • Hard mud pipe fittings 25 ea • Mold contaminated drywall 2000 sf • Mold contaminated carpet 8000 sf • Mold contaminated ceiling tile 400 sf 11. Omni Tower, 2M Floor Estimated Quantity (sheets in the AB-12 series floor plans are associated with the scope of work identified below) • Mastic, black dots on walls 9000 sf • Ceramic tile, with grout or mortar on floors 500 sf • Ceramic tile with grout and mortar on walls 600 sf • Hard mud pipe fittings 25 ea • Mold contaminated drywall 2000 sf • Mold contaminated carpet 2500 sf 12. Omni Tower, 1" Floor Estimated Quantity (sheets in the AB-13 series floor plans and MR-10 are associated with the scope of work identified below) • 24" x 48" fissured and perforated, large 5000 sf • Ceramic tile, with grout or mortar on floors 600 sf • Hard mud pipe fittings 25 ea • Mold contaminated drywall 1000 sf • Mold contaminated carpet 7000 sf • Mold contaminated ceiling tile 600 sf City of Lubbock Citizens Tower Asbestos and Mold Abatement 01010 -4 SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 2011 EDITION 13. Omni Tower, Basement Estimated Quantity (sheets in the AB-14 series floor plans and MR-11 are associated with the scope of work identified below) • Block, canvas with paste light blue 600 sf • Fiberglass, canvas with paste gray 500 sf • Mastic, black or dark brown on ceilings/walls 500 sf • 9" x 9" beige the 150 sf • 12' x 12" beige with multi -accents 10000 sf • 9" x 9" debris with mastic 300 sf • Ceramic tile, with grout and mortar 400 sf • Mastic, black on floors 6000 sf • Pipe fittings, canvas wrapped, yellow and white paste 1000 sf • Pipe insulation, canvas wrapped, yellow and white paste 2000 if • Mold contaminated drywall 3000 sf • Mold contaminated carpet 2000 sf • Mold contaminated ceiling tile 500 sf 14. Omni Annex, 2°a Floor Estimated Quantity (sheets in the AB-16 series floor plans and MR-12 are associated with the scope of work identified below) • Boiler, metal cased 1 ea • 12" x 12" fissured and perforated small 5200 sf • 12" x 12" beige the with multi -accents 350 sf • Mastic, black or dark brown under carpets 2600 sf • Ceramic tile, with grout and mortar 200 sf • Drywall, tape and bed with texture 12500 sf • Vinyl, mastic and glue 6001f • Texture, sand 13000 sf • Mold contaminated drywall 6000 sf • Mold contaminated carpet 2000 sf • Mold contaminated ceiling tile 300 sf 15. Omni Annex, 1 st Floor Estimated Quantity (sheets in the AB-17 series floor plans and MR-13 are associated with the scope of work identified below) • Mastic, black or dark brown under carpets 10000 sf • 9" x 9" under carpet with black mastic 1000 sf • Mold contaminated drywall 1500 sf • Mold contaminated carpet 2000 sf • Mold contaminated ceiling the 400 sf 16. Omni Annex, Middle Office Estimated Quantity (sheets in the AB-17 series floor plans and MR-13 are associated with the scope of work identified below) City of Lubbock Citizens Tower Asbestos and Mold Abatement 01010 -5 SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 2011 EDITION • Mastic, black with yellow and carpet over 1200 sf • Mold contaminated drywall 600 sf • Mold contaminated carpet 800 sf • Mold contaminated ceiling the 2000 sf • Mold contaminated ceiling tile 200 sf 17.Omni Annex, LaBowski's Estimated Quantity (sheets in the AB- 17\3 series floor plans and MR-13 are associated with the scope of work identified below) • Ceramic tile, with grout and mortar 200 sf • Mold contaminated drywall 900 sf • Mold contaminated carpet 500 sf • Mold contaminated ceiling tile 200 sf 18.Omni Annex, Basement Estimated Quantity (sheets in the AB-18 series floor plans and MR-14 are associated with the scope of work identified below) • 12" x 12" fissured and perforated ceiling tile, mastic black 4000 sf • 9" x 9" beige tile with light accents 6000 sf • 9" x 9" green the with white accents 200 sf • Drywall, tape and bed with texture 8800 sf • Texture, sand 10000 sf • Mold contaminated drywall 2000 sf • Mold contaminated carpet 800 sf • Mold contaminated ceiling tile 400 sf 19.Omni Tunnel Basement Estimated Quantity (sheets in the AB-19 and AB-20 series floor plans and MR-15 and MR-16 are associated with the scope of work identified below) • Brown duct mastic 200 If • Mastic, yellow carpet 300 sf • 9" x 9" gray the 1000 sf • 9" x 9" white tile with brown accents 4000 sf • 9" x 9" green tile with dark accents 10000 sf • 12" x 12" gray the with multi -accents 500 sf • 12" x 12" tan tile with multi -accents 500 sf • 12" x 12" brown the 2000 sf • Stair treads with mastic 200 sf • Mastic, black on cloth mesh 40 sf • Mastic, black on walls 1000 sf • Drywall, tape and bed with texture 38000 sf • Mold contaminated drywall 4000 sf • Mold contaminated carpet 2000 sf • Mold contaminated ceiling tile 1000 sf City of Lubbock Citizens Tower Asbestos and Mold Abatement 01010.6 t. SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 2011 EDITION 1 H. Phase 2 Scope of Work shall include abatement of asbestos containing materials and asbestos contaminated materials, within each work area identified below and on the referenced floor plans. Phase 2 work shall proceed only upon written notice to proceed issued by City or Consultant. Contractor is cautioned that quantities provided are only estimated. Contractor shall remain responsible for determination of actual quantities to be abated in each work area. 1. Omni Tower Roof Estimated Quantity (sheets in the AB-2 series floor plans are associated with the scope of work identified-t below) • Flashing, felts with mastic 1000 sf 2. Omni Annex Roof Estimated Quantity (sheets in the AB-15 series floor plans are associated with the scope of work ' identified below) _1 • Flashing, felts with mastic 1000 sf • Mastic, gray on duct 400 if Fill I. Non -ACM Scope of Work shall include soft demolition and removal of materials determined not to contain asbestos or mold contamination. Such demolition may include carpet, padding, ceiling tile, ceiling grid, furniture, loose items and others. Debris removed as non -ACM and / or not mold contaminated shall be disposed of separately at an appropriately licensed landfill. Workers shall be protected as required in Section 02026. L 1.03. CONTRACTOR RESPONSIBILITIES A. The Contractor shall provide all labor, equipment, material, supervision and sub- contracting for the removal and disposal of all regulated materials. B. Contractor's Supervisor shall be on site any time work is being conducted. C. Contractor shall perform operations only while Consultant or Consultant's representative is on site. D. Contractor shall follow the procedures for removal of the identified asbestos -containing materials in compliance with all applicable regulations and these specifications. 1.04. Work Schedule A. Work on this project shall begin upon issuance of notice to proceed. Tentatively scheduled start date for phase 1 shall be July 6, 2015. B. Work shall be performed in THREE.HUNDRED EIGHT CONSECUTIVE CALENDAR DAYS. City of Lubbock Citizens Tower Asbestos and Mold Abatement r 01010 -7 i 1 s SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 2011 EDITION g a. Completion time is to include all prep work, removal of specified materials, clean- up, final clearance testing, removal of containments, vacating the work site, etc. b. For the purposes of these specifications a "work -day" is defined to mean a nine - hour period starting at 8:00 AM and ending at 5:00 PM with one hour off for lunch. i. A "work -day" is further defined as a "week" day, i.e. Monday through Friday. ii. A "work -day excludes recognized holidays. C. The Proposer agrees and understands that liquidated damages for this project will be $600.00 per day for each calendar day that the work remains incomplete beyond the date specified for the completion of work. 1.05. SPECIAL CONDITIONS A. Contractor shall be responsible to provide water for the project needs. Water may be obtainable through the City and use of fire hydrant meter tap. Arrangements for the fire ` Ev hydrant meter tap shall remain the responsibility of the Contractor. City fees may apply. A. City shall provide electrical service for Contractors use. Electrical service shall be made available sufficient to provide GFCI panels for each containment. Service may require Contractor to run supply line to every other floor. B. Contractor shall be responsible for site security. During work hours site shall be monitored for security purposes. Security watch shall be continued during non -work hours by either company personnel or third party service. C. Contractor shall be responsible to provide or maintain fencing around perimeter of project site. Fencing shall be provided around location of waste containers. 1.07 EXAMINATION OF FIELD CONDITIONS The Contractor shall take field measurements and verify field conditions and shall carefully compare these field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing work. Errors, inconsistencies, or omissions discovered shall be reported to the Design Professional before proceeding with the work. 1.09 START OF WORK The contractor will commence work on or after a date to be specified in a written "Notice to Proceed" by the Owner or Owner's representative. Phase 1 work is anticipated to begin approximately July 6, 2015. 1.10 COORDINATION City of Lubbock Citizens Tower Asbestos and Moid Abatement 01010 -S SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 2011 EDITION All contractors and subcontractors on the project shall coordinate their work with each other, advising on work schedules, equipment locations, etc. 1.11 DRAWINGS AND SPECIFICATIONS A. The drawings and specifications are intended to describe and provide for a finished and complete piece of work, and all work must meet the requirements of all the applicable and governing laws, ordinances, rules and regulations of the locality. B. No extra compensation will be allowed for oversight of any such requirements, except by written order issued by Owner. C. Should any doubt arise regarding Drawings or Specifications, clarification shall be requested of Owner's Representative or the Design Professional. Failure to do so will not relieve the Contractor from the responsibility to complete the work to Owner's satisfaction. 1.12 MEASUREMENTS Before ordering any material or doing any work, the Contractor shall verify all measurements of the work and shall be responsible for the correctness of same; any difference which may be found shall be submitted to the Design Professional for consideration before proceeding with the work. 1.13 PROTECTION OF EXISTING FACILITIES A. The Contractor shall take precautions to protect existing facilities and features within the designated construction limits and along the access to the construction site. B After materials, equipment and machinery are installed, properly protect all work until the several portions thereof are accepted. C. Any damage from whatever cause shall be made good by the Contractor without cost to the Institution, whether the repair is made with his own materials and labor or by others under his directions. 1.15 MANUFACTURER'S DIRECTIONS All manufacturer's articles, materials and equipment shall be applied, installed, connected, erected, secured, used, cleaned, and put in operation as recommended, directed or specified by the manufacturer, for the type of installation called for. 1.16 ITEMS SPECIFIED BY TRADE NAME Reference to items by specific trade name is made as a basis of quality and function. Equivalent items may be used instead; however, the right of determining such quality shall remain with the Owner's representative. The terms "similar to", "or equal" or City of Lubbock Citizens Tower Asbestos and Mold Abatement 01010 -9 SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 ,' 2011 EDITION similar phases shall be interpreted similarly. 1.17 SUBSTITUTIONS Substitutions of any materials other than those specifically called for shall be submitted to the Design Professional and Owner for approval. 1.19 REPAIR OF DAMAGE The Contractor shall be responsible for any loss or damage caused contractor's workmen or subcontractors to the work or materials, to tools and the equipment of one another, to adjacent property and persons, and shall make good any loss, damage or injury without cost to Owner. 1.20 CLEANING The Contractor shall promptly remove from the building, lot, sidewalks, and streets all rubbish and dirt due to the work done under this contract. At the completion of work, completely clean the areas in which work has been done, including glass and leave the building thoroughly cleaned and ready for renovation construction. All construction debris shall be removed.. 1.21 REMOVAL OF DEBRIS The Contractor shall remove from the project site and dispose of all unused materials and debris created by this construction. The Contractor is to keep the streets and construction area free of rubbish and debris. Grass and weeds within the construction fence are to be kept mowed. The site shall comply with the City Code and Environmental Safety regulations. The Contractor shall broom the streets during the excavation and filling process so that all spillage is removed as the work progresses. 1.22 WRITTEN GUARANTEE In addition to the requirements of the Contract, the Contractor shall submit to Owner a Written Guarantee, prior to release of final payment, on a form approved by the Design Professional and Owner for the work, materials and equipment for a one year period. 1.23. DELAYS AND EXTENSION OF TIME A. In addition to the provisions of the Contract, the following provisions shall apply: 1. The number of days of measurable precipitation for the following months shall be considered normal weather days for Lubbock, Texas. No time extension for weather delays will be given unless the number indicated is exceeded. January 2 days I Jul 2 -days City of Lubbock Citizens Tower Asbestos and Mold Abatement 01010 -10 SCOPE OF WORK AND SPECIAL CONDITIONS SECTION 01010 2011 EDITION February 3 days August 5 da s March 4 days September 4 days April 4 days October 5 days Ma 6 days November 4 days June 17 days I December 4 days END OF SECTION 9 City of Lubbock Citizens Tower Asbestos and Mold Abatement 01010 -11 tv� �_t SCHEDULE OF ALTERNATES SECTION 01020 2011 EDITION SECTION 01020 — SCHEDULE OF ALTERNATES 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract and Specification sections, apply to this section. 1.02 DESCRIPTION OF REQUIREMENTS A. Coordinate related work and modify or adjust adjacent work as required to ensure that work affected by each accepted alternate is complete and fully integrated into the project. B. A "Schedule of Alternates" is included at the end of this section. Specification sections referenced in the Schedule contain requirements for materials and methods necessary to achieve the work described under each alternate. C. Include as part of each alternate, miscellaneous devices, appurtenances and similar items incidental to or required for a complete installation whether or not mentioned as part of the alternate. 1.03 SCHEDULE OF ALTERNATES A. A Schedule of Alternates is included at the end of this section. Specification sections referenced in the Schedule contain requirements for materials and methods necessary to achieve the work described under each alternate. It is the responsibility of the Contractor, working with the Design Professional to verify and ensure that, as part of each alternate, miscellaneous devices, appurtenances and similar items incidental to or required for a complete installation, whether or not mentioned on the construction documents, are included in the delivery of each awarded alternate(s). B. Schedule of Alternates. ALTERNATE NO. l: No Alternates identified. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 01020-1 SCHEDULE OF ALLOWANCES SECTION 01030 2011 EDITION 1_ SECTION 01030 — SCHEDULE OF ALLOWANCES 1.01 RELATED DOCUMENTS Drawings and general provisions of Contract and Specification sections, apply to this section. 1.02 CONTINGENCY ALLOWANCE A. Contingency allowance shall be used only as directed for Owner's purposes, and only by prior written approval which designates amount to be charged to contingency allowance. B. Contractor's related costs are not included in the contract sum (other than allowance itself) for work so ordered to be charged to contingency allowance. C. Owner will NOT pay a mark-up for Overhead/Profit for changes from the Contingency Allowance. U1 D. At time of project close-out, unused amounts remaining in the contingency allowance shall be credited to Owner by change order. 1.03 SCHEDULE OF ALLOWANCE A. Contract Allowance No. One (1): Provide a contingency allowance of $50,000.00 for any additional work deemed necessary by Owner. This allowance shall not be spent without Owner's prior written approval. 1.04 INDEPENDENT TESTING ALLOWANCE A. Independent Testing allowance shall be used only as directed for Owner's purposes, and only by prior written approval which designates amount to be charged to Independent Testing allowance. B. Contractor's related costs are not included in the contract sum (other than allowance Li itself) for work so ordered to be charged to contingency allowance. 1 C. Owner will NOT pay a mark-up for Overhead/Profit for changes from the Independent Testing Allowance. D. At time of project close-out, unused amounts remaining in the Independent Testing allowance shall be credited to Owner by change order. 1.05 SCHEDULE OF ALLOWANCE City of Lubbock Citizens Tower Asbestos and Mold Abatement 01030-1 € 1 C_i t_ SCHEDULE OF ALLOWANCES SECTION 01030 1, 2011 EDITION A. Contract Allowance No. Two (2 ): Provide an Independent Testing allowance of $25,000.00 for any additional work deemed necessary by Owner. This allowance shall not be spent without Owner's prior written approval. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 01030 -2 PROJECT MEETINGS SECTION 01200 — PROJECT MEETINGS 1.01 RELATED DOCUMENTS SECTION 01200 2011 EDITION A. Drawings and general provisions of Contract and Specification sections, apply to this section. B. Section 01700 Contract Close-out Requirements for specific requirements on preparation of material/data to be turned over at Close-out Meeting. 1.02 GENERAL A. A preconstruction Conference will be arranged immediately after signing the Owner - Contractor Agreement and prior to start of any work. The Conference will be attended by the Contractor, the Design Professional, and the Owner. The purpose shall be to review procedures related to smooth progress of the work and to review other items that require clarification. Processing and distribution of all documents and correspondence related to the Contract will be established. 1.03 SUMMARY A. This Section specifies administrative and procedural requirements for project meetings including but not limited to: 1. Pre -Proposal Meeting 2. Pre -Construction Conference 4. Progress Meetings 5. Close-out Meeting 1.04 PRE -CONSTRUCTION CONFERENCE A. Prior to commencing construction, the Project Manager shall schedule a meeting to review all aspects of the Construction Project. The time of the Pre -Construction Conference and the attendees shall be determined by the Project Manager. B. The following is a tentative agenda for the Pre -Construction Conference: 1. Critical Work sequencing 2. Designation of responsible personnel 3. Procedures for processing submittals, substitutions, applications for payment, proposal requests, change letters and Contract Close-out procedures 4. Parking and access to the site 5. Office, storage areas and temporary facilities 6. Utility information 7. Testing procedures 8. Procedures for maintaining record documents City of Lubbock Citizens Tower Asbestos and Mold Abatement 01200-1 1 PROJECT MEETINGS SECTION 01200 2011 EDITION C. Minutes of the Pre -Construction Conference will be kept and distributed to all attendees and to all Construction Coordinating Team members and User's representatives not present at the meeting. 1.05 PROGRESS MEETINGS A. The Project Manager shall schedule, at regular intervals, progress meetings to discuss and monitor the construction project. The Project Manager shall determine the meeting times and required attendees. B. Reporting: Minutes of the Progress Meeting shall be kept and distributed to all attendees and to the Construction Coordinating Team members and User's representatives not present at the meeting. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 01200 -2 SUBMITTALS SECTION 01300 - SUBMITTALS 1.01 RELATED DOCUMENTS SECTION 01300 2011 EDITION A. Drawings and general provisions of Contract and Specification sections, apply to this section. 1.02 GENERAL REQUIREMENTS A. Work of this Section, as shown or specified, shall be in accordance with the requirements of the Contract Documents. 1.03 SUMMARY A. General: This section includes procedural requirements for non -administrative submittals including Shop Drawing, Product Data, Samples and other miscellaneous work -related submittals. B. Work -related submittals are required to be submitted by the Contractor to amplify, expand and coordinate the information contained in the Contract Documents. These include, but are not limited to: 1. Condition of Site Report. 2. Contractor'v Construction Schedule. 3. Contractor's Submittal Schedule. 4. Product Data. S. Field Reports. 6. Certificates of Compliance. 7. Project Photographs. 8. Request For Information (RFI). 9. Change Order Request. 1.04 SUBMITTALS PROCEDURES of A. General: Except as otherwise specifically directed by the Design Professional through the Project Manager, the basic procedures for submittal handling are as specified herein. Coordination: Coordinate preparation and processing of submittals with performance construction activities. Coordinate each submittal with related activities that require sequential activity. 2. Coordinate transmittal of different units of submittals for related elements of the Work so processing will not be delayed by the need to review a related submittal. 3. The Design Professional reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. 4. The Contractor is responsible for the completeness of all submittals and for City a Lubbock Citizens Tower Asbestos and Mold Abatement 01300-1 SUBMITTALS SECTION 01300 2011 EDITION -' coordination between all submittals. B. Processing: Allow sufficient review time so that progress will not be delayed as a result of the time required to properly process submittals; including sufficient time(s) for re-submittal(s) if necessary. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. 1. Allow 7 Calendar days for review. Time computed from receipt by the Design Professional to receipt by the Contractor. Critical submittals, identified by the Contractor at least four weeks prior to submission, will be reviewed in 5 calendar days. 2. If intermediate submittals are necessary, process the same as the initial submittal. 3. Contractor shall advise the Design Professional at least two weeks prior to submission, when processing time is critical to the progress of the work. 4. The Design Professional will attempt to process submittals as expeditiously as is practicable. Considering that processing time, at any point, is directly dependent on the quality, quantity, and coordination of the contractor's submission, it will be the responsibility of the Contractor to transmit submittals sufficiently in advance of the Work to permit adequate processing. 5. No extension of Contract time will be authorized because of the failure to transmit submittals to the Design Professional sufficiently in advance of the Work to permit adequate processing. b. Except for submittals for the record, information and similar purposes, where action and return on submittals is required or requested, the Design Professional will review each submittal; mark with a uniform, self- explanatory action stamp appropriately executed. C. Preparation: Place a permanent label or title block on each submittal for identification. Include the following spaces and information on the label for processing and recording action taken. City of Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -2 SUBMITTALS SECTION 01300 2011 EDITION Name of the Entity that prepared submittal. 2. Project name. 3. Date. 4. Name and address of Design Professional. 5. Name and address of Contractor. 6. Name and address of Subcontractor. 7. Name and address of Supplier. 8. Name of Manufacturer. 9. Number of the applicable Specification Section. 10. Numbers of the applicable Drawings and Details. 11. Contractor's review and approval markings. 12. A 4" x 5" clear space, abutting the top of the title block, for the Design Professional's stamp. Submittal Number Description A three part identification number shall be assigned by the Contractor to each individual Shop Drawing, sets of Product Data or Samples required to be submitted by the Specifications. An example of such a number is: 45120-01413. The information relayed by the three parts is as follows: • 05120-014B The first five digits identify the CSI Specification Section. This number in this example refers to Specification Section 05120 Structural Steel. • 05120-014B The next three digits identify individual submittals within the same Specification Section. This number indicates that this is the 14th individual submittal related to the Structural Steel section. • 05120-014B The last letter indicates the number of times an individual item has been submitted for review. "A" identifies the initial submittal, "B" identifies the first re -submittal "C" identifies the second re -submittals and so on. The Submittal number should be noted or attached to all individual submittals and on the accompanying transmittal. In addition, the transmittal should also include the following information for each submittal number: drawing originator (sub -contractor, fabricator or manufacturer), name or brief description of each submittal, and the originator's drawing number. For example: Submittal No. Originator Description Dwg. No. 05120-014B Titan Steel Erection Dwgs.: Upper Level, West E-5 City of Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -3 1 SUBMITTALS SECTION 01300 2011 EDITION D. Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from Contractor to Design Professional using a transmittal form. Submittals received from sources other than the Contractor will not be recorded or processed. On the transmittal form record relevant information and requests for data. On the form, or separate sheet attached to the form, record deviations from Contract Document requirements, including minor variations and limitations. Provide on the transmittal form places for the following information: 1. Project name 2. Date 3. To 4. From S. Names of Subcontractor, manufacturer and supplier _ 6. References 7. Category and type of submittal 8. Submittal purpose and description 9. Submittal and transmittal distribution record 10. Signature of transmitter 11. Contractor's certification stating that the information submitted complies with the requirements of the contract Documents, with a place for the Contractor's signature. I Transmittals for submittals should be numbered numerically beginning with No. 001. Each transmittal should be limited to one Specification Section only; however, multiple submittals within one Specification Section are acceptable on a single transmittal. Transmittals should describe each submittal by its unique submittal number and a brief description including name of the drawing originator (sub -contractor), name of drawing and originator's drawing number. 1.05 Submittals Prior to Performance of Work A. Upon notification of award of contract, Contractor shall submit the following documents not less than seven (7) calendar days prior to project commencement: 1. A copy of Contractor's Licenses including. a. Asbestos Abatement Contractor License. b. Asbestos Transporter License. 2. Certificates of insurance written for not less than the values indicated below and issued by Contractor's insurance carrier which indicates that Contractor holds the following: a. Asbestos risk insurance policy on an occurrence basis for an amount not less than $2,000,000 U.S. dollars. b. Automobile liability insurance in the amount of $1,000,000 combined single �- limit bodily injury/property damage. C. Workers compensation in the amount of $500,000 covering all employees (whether employed by Contractor or Sub -Contractor). ' City of Lubbock Citizens TowerAsbestos and Mold Abatement 01300 -4 SUBMITTALS 3. 4. 5. 3 W/ SECTION 01300 2011 EDITION d. The Contractor shall provide and maintain all insurance coverage required for project until the work covered in this Contract is completed and accepted by the Owner. e. The insurance certificates for all policies shall be furnished with the Owner and Consultant named as additionally insured. f The worker's compensation insurance shall contain a waiver of subrogation in favor of Owner. g. The insurance carrier must be State admitted and rated at least A by a nationally recognized insurance rating agency. Certificates of insurance shall be written with the "Named Insured" identifying the Contractor's Company Name. a. Certificates of insurance identifying an employee leasing or Rental Company as the "Named Insured" shall not be accepted. b. A notarized statement signed by an officer of the company, containing the following information for the past three years: i. A record of any and all citations issued by Federal, State, or Local regulatory agencies in the United States and its recognized territories relating to asbestos abatement activities. Include projects, dates and resolutions. ii. A list of penalties incurred through non-compliance with asbestos abatement project specifications including liquidated damages, overruns in scheduled time limitations, and resolutions. iii. Situations in which an asbestos abatement -related contract has been terminated including projects, dates and reasons for termination. iv. Copies of any notices of intent to initiate enforcement or settlement agreements such as: Notice of Violation, Notice of Intent to Enforce Violation, or Consent Agreements. V. A list of any asbestos -related legal proceedings/claims in which Contractor (or employees scheduled to participate in this project) have participated or are currently involved. A copy of Contractor's drug and alcohol abuse policy. The assigned asbestos abatement supervisor and all accredited/licensed Supervisors that will be used in the asbestos abatement project for Owner. A copy of the training certificates for all personnel to be employed on asbestos abatement projects for Owner. A copy of Contractor's Respiratory Protection Program that includes: a. A statement of Respiratory Protection Training. b. Certification that all respirators to be used are NIOSH approved C. Current copies of qualitative and/or quantitative respirator fit test results for all employees to be used on asbestos abatement projects for Owner. i. Respirator fit tests must be performed using respirator brands worn by Contractor's employees. A copy of the current DSHS required annual medical certificates for all employees to be used on asbestos abatement project for Owner. a. The certificates must have the name of the medical center, name of attending physician, and signature of attending physician, and some indication (written City of Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -5 SUBMITTALS SECTION 01300 2011 EDITION opinion) that the individual is physically capable of performing asbestos abatement work. 9. A copy of Contractor's Worker Protection Procedures. 10. A copy of the following documents: a. Emergency procedures and evidence of employee training in these procedures. b. Contractor's Emergency Evacuation Plan for each specific project. C. Contractor's Hazard Communication Program and evidence that employees have been trained in the provisions of this program. d. A copy of the manufacturer's certification that vacuums, ventilation equipment, and other equipment required to contain airborne fibers conform to American National Standards Institute (ANSI) "Fundamentals Governing the Design and Operation of Local Exhaust Systems", Publication Z9.2-79. 11. A copy of product specifications for all other asbestos abatement supplies and equipment to be used on asbestos abatement project for Owner including, but not limited to: a. protective clothing, b. head gear, C. footwear, d. safety belts, e. goggles, f. fire -retardant spray glue, 9. tape, h. encapsulant, i, surfactant, j. polyethylene sheeting, k. pressurized washers, 1. shredders, M. all other equipment or supplies that shall require decontamination on the asbestos abatement project. 12. Documentation and test results for encapsulating materials proposed for use as "lock -down" encapsulants. a. Documents must indicate the compatibility of encapsulant with the material to be used for replacement of ACM. B. Upon receipt of notification to proceed with project by Owner, Contractor shall obtain all required permits to perform the asbestos abatement. Contractor shall submit to Consultant the following documents: 1. Contact information for the proposed "ACM" and "Non -ACM" disposal sites approved by the Environmental Protection Agency or appropriate State agency. 2. A copy of the Contractor's report assessing or containing photographs indicating the "Condition of Building and Fixtures" in work areas prior to the commencement of work for this project. 3. A statement that initial cleaning before the initiation of any response action in work areas shall be performed in accordance with applicable rules. 4. A statement that Owner's safety rules for outside contractors, if any, have been seen (viewed videotape), read, and understood by all contractor employees to be used on the job site. City of Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -6 L_- SUBMITTALS SECTION 01300 2011 EDMON a. A complete list of these employees with their signatures stating the above must be submitted. C. All submittals to Consultant are expected to be neat, complete, accurate, and readable in English. 1. Submittals shall be submitted in duplicate. 2. Payment application(s) shall be submitted to Consultant for approval. D. Consultant will review all submittals for completeness. Deficiencies shall be noted in writing and sent to Contractor for remedy. CONTRACTOR'S CONSTRUCTION SCHEDULE A. General: Prepare a fully developed Contractor's Construction Schedule and submit to the Design Professional within 7 calendar days of Notice to Proceed. 1. Prepare the schedule on a sheet, or series of sheets. Sheet shall be of sufficient width to show data for the entire construction period; foldable into 8-1/2 x I V size for punching and inclusion in a standard 3-ring binder. 2. Coordinate the Contractor's Construction Schedule with the Schedule of Values, List of Subcontracts, Submittal Schedule, Progress Reports, Payment Requests and other schedules. 3. Indicate completion in advance of the date established for Substantial Completion. Indicate Substantial Completion on the schedule to allow time for the Design Professional's procedures necessary for certification of Substantial Completion as described in the specification "PROJECT CLOSE- OUT". 4. The schedule shall be coordinated with commitments of suppliers, material, labor and sub -contractors and assist the Contractor in coordinating construction activities; including minor elements involved in the sequence of the Work. 5. The schedule will not be an enforcement tool and the Contractor shall have no claim upon Owner or the Design Professional if time of Construction exceed that shown on the schedule. B. Distribution: Following response to the initial submittal, correct, print and distribute copies to the Design Professional, Owner, Subcontractors, and other parties required to comply with scheduled dates. Send prints of Schedule to the Design Professional's Consultants. Post copies in the temporary field office. C. Revise and update the schedule after each meeting or activity, where revisions have been recognized or made. Issue the updated schedule concurrently with report of each weekly progress meeting. D. When revision and updates are made, distribute to the same parties and post in the same locations. The Contractor may delete parties from distribution when they have City of Lubbock Citizens TowerAsbestos and Mold Abatement 01300 -7 LJ t SUBMITTALS SECTION 01300 2011 EDITION completed their assigned portion of the Work and are no longer involved in Y . construction activities. 1.06 CONTRACTOR'S SUBMITTAL SCHEDULE A. Concurrently with the Contractor's Construction Schedule, submit a complete Schedule of Submittals. Coordinate Submittal Schedule with the list of subcontracts, as well as the Contractor's Construction Schedule. B. Prepare the schedule in chronological order. Provide the following information: 1. Related Specification Section number. 2. Related Drawings and Detail number. 3. Name of Subcontractor, Manufacturer, or Supplier. 4. Number of drawings or items in the submittal. 5. Submittal category. 6. Name/description of item. 7. Requested turnaround time for critical items. 8. Scheduled dates for first and subsequent submittals. 9. Target date for release or approval of final submission. 10. Manufacturing lead time. C. Distribution: Following response to initial submittal, correct, print and distribute copies to the Design Professional, Owner, Subcontractors, and other parties required to comply with submittal dates indicated. Post copies in the temporary field office. D. Revise and update the schedule when required; where revisions have been recognized or made. Distribute the updated schedule. E. When revision and updates are made, distribute to the same parties and post in the same locations. The Contractor may delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in construction activities. 1.07 PRODUCT DATA A. General: Information required specifically as Product Data includes manufacturer's standard printed recommendations for application and use, compliance with recognized trade association and testing agency standards, application of testing agency labels and seals, special notation of dimensions verified by field measurement, notation of coordination requirements for interfacing the material, product or system with other work; where applicable, input and performance data. B. Submittal of Product Data is primarily to confirm the product purchased and related general information. City of Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -8 SUBMITTALS SECTION 01300 �..� 2011 Et7iF10N C. Review is only for conformance with the design concept and information given in the Contract Documents; it is not intended to imply that Product Data submittals have been reviewed for technical details. D. Refer to Specifications Sections for additional general requirements applicable to Product Data for work respectively. E. Preparation: Collect required Product Data into a single submittal for each unit of work or system. 1. Mark each copy to show which choices and options are applicable to the project. 2. Where Product Data has been printed to include information on several similar products, some of which are not required for use on the project or are not included in this submittal, mark the copies to show clearly that such information is not applicable. 1.08 SUBMITTALS A. Do not submit Product Data until compliance with the requirements of the Contract Documents have been confirmed by the Contractor. B. Submit electronic copies for the .Design Professional's Consultants, and those required for the Contractor's distribution. The Design Professional will retain one (1) copy for himself, and a copy for each of his Consultants. C. When finalized, furnish copies of Product Data to Subcontractors, Suppliers, Fabricators, Manufacturers, Installers, Governing Authorities and others as required for proper performance of the work. D. Do not proceed with installation of materials, products, equipment and systems until a finalized copy of product data applicable to the installation is in the possession of the Installer. Do not permit the use of unmarked copies of Product Data in connection with the performance of the work. 1.09 SUBMITTALS POST PERFORMANCE A. Within THIRTY days of completion of SCOPE OF WORK Contractor shall submit to Consultant the complete set of project documents for the project. 1. Contractor shall submit to Consultant a written descriptive narrative of the asbestos removal measures that shall include: a. Methods used. b. Location of removal project. C. Start and completion dates. d. Names and addresses of all contractors (and subcontractors) involved in the activity. e. State Asbestos Abatement Contractor License number. City of Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -9 SUBMITTALS SECTION 01300 . E 2011 EDITION } f. Copies of original and all amendments to notification. g. A copy of the Contractor's report assessing or containing photographs indicating the "Condition of Building and Fixtures" in work areas after completion of work for this project. h. All executed waste manifests with associated disposal receipts for asbestos - containing materials removed during the asbestos abatement project. i i. All executed manifests with associated recycling receipts for hazardous materials recycling including, fluorescent tubes, HID lamps, etc., removed ' during the abatement project. t j. A copy of all daily logs, sign -in sheets, and daily reports. k. The original daily chart recordings from manometers for the asbestos abatement project. _ 1. A list of the names and signatures of all persons involved in the asbestos removal project. Include State of accreditation/license and number for each person. in. A statement certifying compliance that all asbestos -containing materials related to the SCOPE OF WORK have been removed and disposed of in accordance with all applicable Federal, Regional, State, and Local regulations for asbestos abatement. 2. Contractor shall submit to Consultant a copy of records for each person assigned to project by Contractor that shall include: a. Personnel assigned to the project, name and job title. b. State of accreditation/license, and number for each person performing removal. C. Copies of training certificates including date of training and location. d. Copies of annual medical certificates must have the name of the medical center, naive of attending physician, and signature of attending physician, and some indication (written opinion) that the individual is physically capable of performing asbestos abatement work. e. Copies of respirator fit tests. B. Contractor shall submit Certificates of Insurance in force at end of project. C. Contractor shall submit copies of any notices of intent to initiate enforcement or settlement agreements such as: Notice of Violation, Notice of Intent to Enforce Violation, or Consent Agreements issued by regulatory agencies and received during the course of the project. D. All submittals to Consultant are expected to be neat, complete, accurate, and readable in English. 1. Submittals shall be submitted in duplicate to Consultant along with payment application. 2. Consultant will review for completeness all submittals. Deficiencies shall be noted in writing and sent to Contractor for remedy. 1.10 MISCELLANEOUS SUBMITTALS A. Daily Construction Reports: Prepare a Daily Construction Report, recording the City or Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -10 4 1. SUBMITTALS SECTION 01300 2011 EDITION following information concerning events at the site; and submit electronically to the Design Professional: 1. List of Subcontractors at the site. 2. Approximate count of personnel at the site. 3. High and low temperatures; general weather conditions. 4. Summary of Work done. 5. Statement as to whether the work is progressing as scheduled and if not, the reasons why. 6. Progress of the quality control program. 7. Meetings and significant decisions. 8. Stoppages, delays, shortages, losses. 9. Meter readings and similar recordings. 10. Emergency procedures. 11.Orders and requests of governing authorities. 12. Change Orders received; implemented. 13. Services connected; disconnected. 14. Equipment or system tests and start-ups. 15. Partial completions authorized. 16. List of accidents and unusual events. 17. Substantial completions authorized. B. Certificates of Compliance: Certify that all materials used in the Work comply with all specified provisions thereof. Certification shall not be construed as relieving the Contractor from furnishing satisfactory materials if the material is later found to not meet specified requirements. l . Show on each certification the name and location of the Work, name and address of Contractor, quantity and date or dates of shipment or delivery to which the certificate applies, and name of the manufacturing or fabricating company. The certification shall be in letter -form or company -standard letterhead containing all required data. Certificates are required to be signed by a duly authorized officer of the manufacturing or fabricating company. 2. In addition to the above information, all laboratory test reports submitted with Certificates of Compliance shall show the date or dates of testing, the specified requirements for which testing was performed, and results of the test or tests. 3. Furnish 2 executed copies of such certificates, with back-up data. Provide 2 additional copies where required for maintenance manuals. C. Reporting Accidents: Each Contractor shall immediately advise Owner's representative in the Event of an accident; then prepare and submit reports of significant accidents, at site and anywhere else work is in progress. The Contractor is required to record and document pertinent data and actions. For this purpose, a significant accident is defined to include events where personal injury is sustained, or property loss of substance is sustained, or where the event posed a significant threat of loss or personal injury. City of Lubbock Citizens TowerAsbestos and Mold Abatement 01300 -11 i, ij SUBMITTALS SECTION 01300 2011 EDITION 1.13 CONSTRUCTION PHOTOGRAPHS A. During the progress of the work, have color photographs taken bi-weekly, consisting of twenty-four (24) views, all taken where directed by the Design Professional. At the completion of all work, ten (10) final photographs shall be taken as directed by the Design Professional. B. One electronic copy of each photograph shall be sent to Owner's representative and one sent to the Design Professional. The photographs shall be neatly labeled, dated, and identified showing the date of exposure, project name, and location and direction of view. 1.14 PROJECT RECORD DOCUMENTS A. As the work progresses, keep a complete and accurate record of changes or deviations from the Contract Documents and the shop drawings, indicating the work as actually installed. 1. Changes shall be neatly and correctly shown on the respective portions of the affected document, or the specifications, with appropriate supplementary notes. 2. The records above shall be arranged in order, in accordance with the various sections of the specifications, and properly indexed. 3. This record set of drawings, shop drawings, and specifications shall be kept at the job site for inspection by the Project Manager and the Design Professional. B. At the completion of the work, certify by endorsement thereof that each of the revised drawings and specifications are complete and accurate. C. Prior to application for final payment, and as a condition to its approval by the Design Professional and Owner, deliver the record drawings and specifications, arranged in proper order, indexed, and endorsed as herein before specified. Provide suitable transfer cases and deliver the records therein, indexed and marked for each division of the Work. D. No review or receipt of such records by the Design Professional or Owner shall be a waiver of any deviation from the Contract Documents or the shop drawings, or in any way relieve the Contractor from his responsibility to perform the work in accordance with the Contract Documents and the shop drawings to the extent that they are in accordance with the Contract Documents. 1.15 REQUESTS FOR INFORMATION (RFI) A. All questions shall be forwarded to the Design Professional via a Request for Information (RFI) form acceptable to the Design Professional. City of Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -12 i,-' I- SUBMITTALS SECTION 01300 2011 EDITION a B. The Contractor shall reference the specific drawing and/or specification section that is impacted by the RFI. C. Upon receipt, the Design Professional shall provide a response within five (5) business days. The Contractor shall coordinate the submission of BFI's with construction schedule as he sees fit. 1.16 CHANGE ORDER SUBMITTAL PROCESS A. All Change order requests should be submitted as follows: 1. Description of change 2. Reason for change 3 3. Contractual basis for change 4. Owner's representative authorizing change 5. Cost of change if any broken down as (1) above f 6. Schedule impact of change if any including specific activities on CPM schedule affected B. Failure to comply with the process will be grounds for rejection or delay in processing of change order requests. C. Change order requests shall include the following breakdown: 1. Quantity of each work item deleted multiplied by unit price. 2. Quantity of each work item added multiplied by unit price. 3. Deletions and additions shall be compared to the Contract Documents. Unit prices shall be as contained in the unit price listing. Where no price is contained in the unit price listing, price levels shall reflect customary price levels for the work under consideration based on normal productivity levels. Additional cost issues if any, shall be identified separately and work items shall be broken down into components wherever possible. Owner may require additional breakdown of work items or lump sum items. D. The Contractor shall plan his work ahead in order to give adequate notice of all change orders to avoid delay to the project schedule. In the event of unforeseen circumstances, acts of God, etc. this condition shall be waived. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 01300 -13 } CONTSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 01500 .e ..,,..�...,�.,_�..�..,.� .� 2011 EDITION SECTION 01500 — CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract and Specification sections, apply to this section. 1.02 PROTECTION OF SITE A. Contractor shall furnish measures for protection of the public, workmen and property, including structural engineering, maintenance and operation of such facilities. 1.03 EXECUTION OF WORK A. Contractor shall provide measures for executing work related to this project, including, but not limited to, structural engineering, cranes, hoists, chutes, movement of personnel, materials, equipment, temporary heating, and operation and maintenance of such facilities. 1.04 EXISTING UTILITIES A. Existing lines occur in the site where the work is to be done. The Contractor shall visit the site and determine the location of all utility lines. Existing lines shown on the drawing are not guaranteed as to size and location or for completeness. Any utility line which interferes with the construction shall be relocated or made safe prior to proceeding with work. 1.05 SCAFFOLDING, BARRICADES, ENCLOSURES A. The Contractor shall furnish, erect, and maintain for the duration of the work as required, all scaffold, runways, guard rails, platforms and similar temporary construction as may be necessary for the performance of the Contract. Such facilities shall be of type and arrangement as required for their specific use and comply with all applicable laws and regulations of the Occupational Safety and Health Act. B. The Contractor shall provide, install and maintain for the duration of work all necessary solid barricades, warning signs and signals, and shall take all other precautions to safeguard persons, adjoining property, including improvements thereon, against injuries and damages of every nature whatsoever. C. Parts and structures and other work in place that are subject to injury because of the operations being carried on adjacent thereto, shall be covered, boarded up or substantially enclosed with adequate protection. This includes but is not limited to existing structures to remain, adjacent existing structures where no work is indicated, existing landscaping features scheduled to remain and existing site features scheduled to remain. City of Lubbock Citizens Tower Asbestos and Mold Abatement 01500-1 CONTSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 01500 2011 EDITION D. Temporary enclosures, both dust proof and sound treated, shall be provided whenever Owner's existing operation requires such separation from construction dirt and noise. 1.06 GUARDRAILS AND BARRICADES A. Provide guardrails, handrails, and covers for floor, roof and wall openings, and for stairways installed or construction by Contractor's forces. B. If movement of these protective facilities is required to perform work, it will be the responsibility of the Contractor to replace the said protections in a satisfactory manner. C. Provide all barricades required to protect all natural resource and site improvements. 1.07 STAIRS, LADDERS, HOISTS, ETC. A. Provide temporary stairs, scaffolding and ladders as may be required for the use of all workmen and inspectors. B. Install and operate such material hoists as may be necessary to properly and expeditiously perform the work. 1.10 TEMPORARY FIELD OFFICES A. The Contractor shall furnish and maintain during construction of the project, adequate facilities at the site for the use of the Contractor, Owner's Representative and Consultant or his Project Manager B. The Prime Contractors and the Subcontractors shall maintain office and storage facilities on the site as may be necessary for the proper conduct of the work. These shall be located so as to cause no interference to any work to be performed on the site. The Project Manager shall be consulted with regard to locations. C. Upon completion of the project, or as directed by the Project Manager, the Contractor shall remove all such temporary structure and facilities from the site and leave the premises in the condition required by the Contract Documents. 1.11 TELEPHONES A. Contractor shall provide, maintain, and pay for telephone service for his own use, the Design Professional, and all Subcontractors for the duration of the work. Owner's telephones shall not be used. 1.12 SHEDS A. Provide on the premises, at locations approved by Owner or Owner's representative, 1 suitable substantial watertight, securable storage sheds for storage of tools and all City of Lubbock Citizens Tower Asbestos and Mold Abatement 01500 -2 t CONTSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 01500 X 2011 EDITION E ` materials which might be damaged if exposed to the weather. Owner, Owner's representative and Consultant will not be responsible for lost or stolen Contractor/subcontractor's tools. B. Maintain such buildings in good condition, and remove them when directed. C. Raise floors at least six (6) inches above the ground, on heavy joists or sleepers. D. Materials: Contractor shall construct temporary facilities of rough or smooth clean lumber as usage requires. Faces exposed to public shall be smooth surfaced, neatly assembled, firmly braced, and painted a minimum of two (2) coats, colors as approved by Consultant. 1.13 TOILETS A. The Contractor shall provide chemical toilet facilities for all workers and shall remove same at completion of the work. Toilets shall be completely enclosed and of neat appearance and shall be located as directed. Toilets are required to be staked down per the Storm Water Pollution Protection Plan for the project. 1.14 SECURITY A. Construction security is the responsibility of the Contractor; however, Owner, Owner's representative and Consultant shall have the right of access to the construction site. 1.15 WATCHMAN A. The Contractor may, at its option, employ watchman service when work is not being carried on. However, no liability shall be attached to the General Contractor in this respect except in the protection of his own interest. 1.16 CONSTRUCTION FENCE A. Shall be a six foot (6') high chain link fence with steel posts and gates. The fence may be of new or of salvage materials with minimum bracing required for stability. Upon completion of the project the fence and appurtenances shall be removed and shall become the property of the Owner. The construction fence shall be kept neat and orderly, free from accumulations of trash and weeds. 1.17 TEMPORARY HEAT AND HVAC CONTROLS A. Provide temporary heating apparatus and operating fuel as necessary for the proper protection of work. Do not damage work. ` B. The Contractor shall famish temporary connections to the permanent heating or ventilation system as required to maintain operations of all existing HVAC systems. City of Lubbock Citizens Tower Asbestos and Mold Abatement 01500 -3 CONTSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 01500 2011 EDITION The Contractor shall maintain functionality of all existing HVAC systems required for all occupied spaces of the construction site. The Contractor shall restore the system to full fmctionality before turning over to Owner. This shall in no way affect 1 the guarantee period, which shall start at final acceptance of all work. 1.18 TEMPORARY UTILITIES A. The Contractor shall arrange for temporary utilities as may be required for the proper execution of the work. The Contractor, at its option, may extend existing water, gas and electrical services for construction use. The Contractor shall include in his proposal all costs necessary for connecting and extending all necessary utilities. Where connections are made to existing utility services, shut-off or turn -on shall be by Owner or licensed personnel only. B. Electrical: Contractor shall install a temporary line from an existing power source as directed by the Project Manager. Contractor shall provide a temporary fused -_ disconnect switch at the power source and provide ground fault protection for all circuits using portable multi -outlet units designed for construction sites. Upon completion of the project, the Contractor shall remove all temporary installations and ri restore site to original condition. C. Water: Contractor shall install temporary piping and valves necessary to deliver j water to construction site. Source of water and pipe route shall be as directed by the Project Manager. Provide back flow protection at source of connection satisfactory to Owner. Contractor shall arrange with Owner for details of connection to existing source. Upon completion of the project, the Contractor shall remove all temporary installations and restore site to original condition. 1.19 PARKING LOT FOR CONSTRUCTION VEHICLES — PROJECT SITE A. The Contractor shall maintain parking facilities for construction personnel within the area designated by the construction limits or any other area on campus designated b Y Owner. Employees of the Contractor, its subcontractors or material suppliers shall -- park on site only if space is available. B. Requests for construction parking may be submitted to Owner's Consultant. The Contractor/subcontractor will be required to submit vehicle information for verification by Owner. C. All individuals operating a vehicle on property owned and operated by Owner shall comply with Traffic and Parking Regulations. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 01500 -4 i c SIGNAGE SECTION 01501 2011 EDITION SECTION 01501- SIGNAGE 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract and Specification sections, apply to this section. 1.02 Project Signage A. The contractor may install a Project Sign as described herein. Exterior Construction Project Sign may be posted in two (2) locations at the site. The exact location of each sign shall be coordinated with the Owner's representative. B. The Contractor may install one sign bearing the company name and logo indicating the point for delivery for material, supplies, and express deliveries at one gate. C. Other than the signs above, interior site way finding signage and any signs required by safety and insurance requirements, no other signs will be installed at the project site. Signs attached to storage and office trailers may be approved by the Owner's representative if they do not detract from the appearance of the project. D. The contractor shall submit a drawing of the proposed sign, showing its size, content, and location to the Owner's representative for approval prior to installation. E. The contractor shall be responsible for maintaining in good condition all temporary exterior construction project signage installed. The Contractor shall ensure that the signage is protected from vandalism and the information is legible and complete at all times during the progress of the construction contract. The contractor shall promptly update all outdated sign information. 1.03 INSTALLATION OF TEMPORARY PROJECT SIGNAGE A. Exterior construction project sign shall be installed immediately after contract award. B. The Contractor shall ensure that exterior construction project signage is properly set- back from street intersections and pedestrian walkways such that it does not conflict with or impede fields of view necessary for vehicular/pedestrian traffic circulation. C. The Contractor shall remove exterior construction project signage prior to submission of Contractor's Final Application for Payment. Removal of temporary project signage requiring site repairs must be completed prior to submission of final pay application. 1.04 SIGNAGE DIMENSIONS AND MATERIALS A. Exterior construction project signage shall be of exterior grade V CDX plywood. The size shall be 96" in length and 48" in height. The orientation shall be landscape f City of Lubbock Citizens Tower Asbestos and Mold Abatement 01500 -1 I SIGNAGE SECTION 01501 2011 EDITION (horizontal). The signage surface will be mounted to 4"x4" posts temporarily set in the ground. The bottom edge of the signage shall be at a minimum 48" above grade and installed level. All exposed surfaces (sign faces, edges, and posts) shall be weather sealed with white exterior latex paint. B. All lettering will be Black and follow the Times Romans font. The graphics shall be in contrasting colors. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 01500 -2 r MATERIALS SECTION 01600 2011 EDITION SECTION 01600 - MATERIALS PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract and Specification sections, apply to this section. 1.02 UNAVAILABILITY OR LATE DELIVERIES A. Contractor shall order and schedule delivery of materials in ample time to avoid delays in construction. If an item is found to be unavailable, Contractor shall notify Architect/Engineer/Consultant immediately to permit mutual selection of suitable substitute. If Contractor fails to order materials in ample time to avoid delays in construction, an approved material shall be substituted at no extra cost to the Owner. 1.03 MATERIAL TESTING A. Laboratory tests and inspections specified or required of material and finish articles incorporated in the work shall be made by bureaus, laboratories or agencies approved by the Architect/Engineer/Consultant. Reports will be submitted to the Architect/Engineer/Consultant or distributed as established at the Pre -Construction Conference. Cost of testing and inspections will be paid for by the Owner unless otherwise specified. B. Contractor shall furnish promptly, without additional charge, all reasonable facilities, labor, and materials necessary for safe and convenient inspection and tests required by the Architect/Engineer/Consultant. Inspection and tests will be performed in manner not to delay work unnecessarily. Contractor will be charged with cost of extra inspection when material or work is not ready at time of inspection is required. C. Test samples as Architect/Engineer/Consultant may deem necessary shall be procured from material or equipment delivered for use in the work. If any test sample fails to meet specification requirements: 1. Previous approval may be withdrawn and such material or equipment may be subject to removal and replacement by Contractor at his expense with material or equipment meeting specification requirements. 2. Architect/Engineer/Consultant may refuse consideration of further samples of same brand or make for testing. In any case, Owner will pay cost of only one additional test of material for same usage; should second sample of same or like material also fail test, Contractor shall bear cost of all further testing until Architect/Engineer/Consultant's approval is granted. 3. At Owner's discretion, defective material and equipment may be permitted to remain in place subject to adjustment of contract price. 1.04 MATCHING MATERIALS City of Lubbock Citizens Tower Asbestos and Mold Abatement 01600-1 MATERIALS SECTION 01600 2011 EDITION A. Materials required to match existing work and not otherwise specified, shall be equal to the existing work in quality, color and finish. Workmanship and installation shall be comparable to adjacent existing work. The Owner shall be the sole authority in the determination of an acceptable match. 1.05 SPECIFIED ITEMS - SUBSTITUTES A. In addition to the requirements of General Conditions Article 3, 3.4.2 the following applies: 1. Whenever catalog numbers and specified brands or trade names, followed by the designation "or equal' are used in conjunction with a designated material, product, thing or service mentioned in these specifications, they are used to establish the standards of quality and utility required. Substitutions which are equal in quality and utility to those specified will be approved, subject to the following provisions: All substitutions must be approved by the Architect/Engineer/Consultant and Owner in writing. For this purpose the Contractor shall submit to the Architect/Engineer/Consultant within 35 calendar days after recording of the contract, a typewritten list containing a description of each proposed substitute item or material. Sufficient data, drawings, samples, literature or other detailed information as will demonstrate to the Architect/Engineer/Consultant that the proposed substitute is equal in quality and utility to the material specified shall be appended to this list. The Architect/Engineer/Consultant will approve after receiving written concurrence from the Owner, in writing, such proposed substitutions as are, in his opinion, equal in quality and utility to the times or materials specified. Such approval shall not relieve the Contractor from complying with the requirements of the Drawings and Specifications, and the Contractor shall be responsible at his own expense for any changes resulting from his proposed substitutions which affect other parts of the work. 2. Failure of the Contractor to submit proposed substitutions for approval in the manner described and within the time prescribed shall be sufficient cause for disapproval by the Architect/Engineer/Consultant of any substitutions otherwise proposed. 3. Whenever catalog numbers and specific brands or trade names not followed by the designation "or equal' or used in conjunction with a designated material, product, thing or service mentioned in these specifications, no substitutions will be approved. 1.06 SUBSTITUTIONS A. Substitutions of any materials other than those specifically called for shall be submitted to the Architect/Engineer/Consultant for approval. 1.07 ITEMS SPECIFIED BY TRADE NAME City of Lubbock Citizens Tower Asbestos and Mold Abatement 01600 -2 i i I t MATERIALS SECTION 01600 x 2011 EDITION A. Reference to items specified by trade name are made as a basis of quality and function. Equivalent items may be used instead; however, the right of determining such quality shall remain with the Owner's Representative. The terms "similar to", "approved", "or equal" or similar phrases shall be interpreted similarly. 1.08 LABELS A. Manufacturer's or trade names together with model or serial designations, grade marking, fire ratings, etc., will be permitted and are required on certain components of the work. These items shall be placed in concealed, but accessible locations. B. Absolutely no labels advertising any manufacturer or trade name will be permitted on exposed portions of components without written authorization from the Architect/Engineer/Consultant. 1.09 MATERIALS STORAGE A. The Contractor will be allowed space on the grounds for the storage of materials, but the Contractor shall provide all necessary enclosures, doors and locks, and shall be solely responsible for the safekeeping of all materials, tools, etc., stored therein. B. Such storage facilities shall be moved when so directed by the Architect/Engineer/Consultant at the Contractor's expense. After completion of the work, storage facilities shall be completely removed and all materials taken from the premises. 1.10 MANUFACTURER'S DIRECTIONS A. All manufactured articles, materials and equipment shall be applied, installed, connected, erected, secured, used, cleaned and put in operation as recommended, directed or specified by the manufacturer, for the type of installation called for. B. Where work is specified to be in accordance with product manufacturer's directions, Contractor shall procure such information in sufficient quantities to supply interested parties. PART 2 - PRODUCTS A. Ladders shall be provided by Contractor. Ladders shall be of sufficient size and quantity to adequately supply the project work. Ladders shall be in good repair. B. Electric cords. Contractor shall supply sufficient quantity of electric cords to meet project requirements. Cords shall be undamaged with grounding lug properly attached. Cords shall comply with NEC requirements. PART 3 - EXECUTION (Not Applicable) City of Lubbock Citizens Tower Asbestos and Mold Abatement 01600 -3 t MATERIALS SECTION 01600 2011 EDITION END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 01600-4 I 9 9 HV I CONTRACT CLOSE-OUT REQUIREMENTS SECTION 01700 2011 EDITION SECTION 01700 - CONTRACT CLOSE-OUT REQUIREMENTS 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract and Specification sections, apply to this section. 1.02 FINAL CLEANING A. Use experienced workmen or professional cleaners for final cleaning. B. At completion of construction and just prior to acceptance, conduct final inspection of exposed interior and exterior surfaces and perform final cleaning. C. Final cleaning shall include all sweeping, dusting, vacuuming, dry and wet mopping, polishing, buffing, and other operations necessary, including supplies and equipment required. Also remove temporary tape, wrappings, coatings, labels, grease, dust, dirt, stains, fingerprints, and other foreign materials from interior and exterior surfaces. D. Repair, patch, and touch up marred surfaces to match adjacent finishes. E. Replace air conditioning filters if units were operated during construction. F. Clean ducts, blowers, and coils if air conditioning units were operated during construction. G. Clean cabinets and casework. H. Dust and wash plumbing and electrical fixtures. I. Surfaces, recesses, enclosures, etc., shall be cleaned as necessary to leave the Work in a condition ready for immediate renovation occupancy by the Owner. J. Hose down and scrub all new and existing surfaces soiled as result or work. Rake clean other surfaces of grounds. K. All debris, surplus material, and other items specified or indicated for removal shall become property of Contractor and disposed of off -campus unless otherwise specified. L. The Contractor shall promptly remove from the building, job site, sidewalks and streets all rubbish and dirt resulting from the Work performed under the Contract. At completion of work, he shall completely clean areas in which work has been done, including glass, and leave building broom -clean and ready for renovation occupancy. City of Lubbock Citizens Tower Asbestos and Moid Abatement 01700-1 r CONTRACT CLOSE-OUT REQUIREMENTS SECTION 01700 2011 EDITION M. At completion of Work, the contractor shall completely clean the areas in which work has been done, including areas used for access to the construction area. 1.03 FINAL INSPECTION A. Contractor determines work shown and specified as completed: l . Informs Architect/Engineer/Consultant in writing that work is ready for inspection. 2. If Architect/Engineer/Consultant concur upon inspection, Owner's representative is notified in writing that work is ready for Owner's inspection. 3. If Owner's representative concurs, a Final Inspection for Acceptance and Beneficial Occupancy will be scheduled. B. Representatives that participate in Final Inspection: 1. Architect, Engineer and Consultant 2. Contractor and Major Sub -Contractors 3. Owner's representative 4. Others as required C. Architect/Engineer/Consultant develops master "punch list" from comments produced by Final Inspection: 1. One (1) copy shall be furnished to the Owner's representative. 2. Copies to Contractor as required to expedite correction of items contained in "punch list." 1.04 I1 SUBMITTAL REQUIREMENTS FOR CONSTRUCTION CONTRACT FINAL PAYMENT Project record documents: 1. Related requirements specified elsewhere: a. Contract and terms and conditions of same. b. Special Conditions C. Submittals, executed waste manifests, and project records specified in §01300 for post job submittals. 2. Project Record Documents are defined as "As -Built" Records which include but are not limited to the following: Contract Drawings, Specifications, Addenda, Change Orders, negotiated changes, other modifications to Contract, Field Test Reports, approved submittal data, equipment operation, and maintenance manuals. Submit two (2) copies each of above to Architect/Engineer/Consultant for review and approval, one (1) copy of which shall be returned to Contractor approved or with instructions for changes. After approval, submit three (3) copies to Architect/Engineer/Consultant who will forward two (2) copies to Owner for his information and use. City of Lubbock Citizens Tower Asbestos and Mold Abatement 01700 -2 CONTRACT CLOSE-OUT REQUIREMENTS SECTION 01700 2011 EDITION 4. Label each document "PROJECT RECORD" and accompany each submittal with transmittal letter containing: date, project title, Contractor's name and address, title of each record document, certification in writing that each document, as submitted, is complete and accurate, and signature of Contractor or his authorized representative. 5. All the above shall be submitted prior to Final Payment to Contractor. 6. Failure to supply any of the above, and if the Owner must of necessity otherwise obtain this information and data, the costs for obtaining it will be deducted from the Contractor's Final Payment. C. Specifications and addenda Upon completion of construction and prior to Final Payment, Contractor shall provide Architect/Engineer/Consultant with clean, complete set of Specifications, and Addenda, each Section marked to record: a. Manufacturer, trade name, catalog number of each product, and item of equipment actually installed b. Changes made by Change Order or Field Order C. Other matters not originally specified D Addenda and negotiated changes 1. Prior to Final Payment, Contractor shall provide three (3) copies of Addenda and Negotiated Changes to Architect/Engineer/Consultant who will forward two (2) copies to Owner for information and use. 1.08 TIME OF SUBMITTALS l . For equipment and component parts of equipment put into service during progress of construction submit within thirty (30) days after inspection and acceptance. 2. Make other submittals within thirty (30) days after Date of Substantial Completion, prior to final Application of Payment. 3. For items of work where acceptance is delayed materially beyond the Date of Substantial Completion, provide updated submittal within thirty (30) days after acceptance listing the date of acceptance. 1.09 FINAL PAYMENT A. Related requirements specified Contract: B. Submit three (3) of the following to Architect/Engineer/Consultant who will forward two (2) copies to the Owner: 1. Certificate of Substantial Completion (AIA Form G704) 2. Certificate of Punch List Completion City of Lubbock Citizens Tower Asbestos and Mold Abatement 01700 -3 CONTRACT CLOSE-OUT REQUIREMENTS SECTION 01700 2011 EDITION a. On Architect's letterhead b. Copy of punch list attached , 3. Change Order: a. AIA form G701 b. Incorporates Change Letters and deducts remainder of the Allowances from Contract amount. C. All Change Letters, back-up material, and authorizations " 4. Consent of Surety Company for Final Payment, AIA form G707. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement F11 9 9 01700 -4 _i DEFINITIONS AND TERMS SECTION 02015 2011 EDITION 02015 — DEFINITIONS AND TERMS PART I GENERAL DEFINITIONS AND TERMS FOR ASBESTOS CONTAINING MATERIALS ABATEMENT The definitions and terms used herein shall be taken directly from the U.S. EPA rules at 40 CFR §763 Subpart E, 40 CFR §61 Subpart M, and Texas DSHS at 25 TAC §295 Subchapter C. Following is a list of terms and definitions commonly used in this specification. ➢ Abatement: Procedures to control fiber release from asbestos -containing materials (ACM). Includes encapsulation, enclosure and removal. > Accredited: A person who holds a current certificate of training or updated certificate of continuing training as required by Federal and State regulations. AHERA: The Asbestos Hazard Emergency Response Act of 1986, also referred to as the Asbestos -Containing Materials in Schools; Final Rule and Notice, and 40 CFR Part 763 ➢ Asbestos -Containing Building Material (ACBM): Surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior or exterior structural members or other parts of a building. Asbestos -Containing Material (ACM): Any material or product that contains more than 1 percent asbestos as determined by Polarized Light Microscopy (PLM) analysis, or assumed to contain greater than 1 percent asbestos. ➢ Airlock. A system for permitting ingress or egress without permitting air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways. > Air Monitoring: The process of measuring the fiber content of a specific volume of air in a stated period of time in an appropriate location. Amended Water: Water to which a surfactant has been added. Authorized Visitor: Owner, Consultant, or representative of any regulatory or other agency having jurisdiction over the project. > Clean Room: An uncontaminated area or room that is part of the worker decontamination unit, with provisions for storage of uncontaminated clothing and equipment. ➢ Consultant: An asbestos consulting company and its employees retained by Owner, which employs a full-time consultant who is qualified to perform asbestos consulting services, and whose employees hold current applicable accreditation/license. > Containment: The temporary, polyethylene -lined, enclosure structure erected to control the release of asbestos fibers to the ambient environment. ➢ Contractor: An asbestos abatement contracting company and its employees, which employs a fulltime contractor who is certified to provide asbestos abatement services, and whose employees hold current applicable accreditation/license. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02015-1 DEFINITIONS AND TERMS SECTION 02015 2011 EDITION ➢ Critical Barrier: A physical barrier that seals openings to the contaminated work area in such a way that airborne contaminants can not be released to uncontaminated areas. Curtained Doorway: A device to allow entry or exit from one room to another while permitting minimal air movement between the two rooms, typically constructed by placing two overlapping sheets of polyethylene over an existing or temporary framed doorway, securing the vertical edge of one sheet along one vertical side of the doorway, and securing the vertical edge of the other sheet along the opposite vertical side of the doorway. Decontamination Unit: A series of connected rooms, each room being an airlock, with curtained doorways between any two adjacent rooms, for the decontamination of workers or of materials and equipment. > Demolition: The wrecking or taking out of any load -supporting structural member and any related razing, removing, or stripping of asbestos products. > Encapsulant : A liquid material that can be applied to ACM or surfaces stripped of ACM and that controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant). When used, care must be taken that any re -insulation material will adhere to the encapsulant. > Encapsulation: All herein specified procedures necessary to coat surfaces from which ACM has been removed with sealing substance meeting applicable government standards. Encapsulation may also be referred to as "lock -down" encapsulation. ;> Equipment Decontamination Unit: A decontamination unit for materials and equipment, typically consisting of a designated area of the work area, a washroom, holding area, and/or an uncontaminated area. > Equipment Room: A contaminated area or room that is part of the worker decontamination unit, with provisions for storage of contaminated clothing and equipment. > Friable ACM: Materials that when dry can be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously non -friable material after such previously non -friable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure, or materials assessed as friable by an accredited/licensed asbestos inspector. Fixed Object: A piece of equipment or furniture in the work area that cannot be removed from the work area. > HEPA Filter: A High Efficiency Particulate Air (HEPA) filter that traps and retains at least 99.97% of monodispersed particles 0.3 microns in diameter or larger. > HEPA-Filtered Exhaust Unit: An exhaust fan that draws contaminated air through a HEPA filter and exhausts the filtered air to the outside of the building. ➢ HEPA-Filtered Vacuum: High efficiency particulate air filtered vacuuming equipment with a filter system that collects and retains 99.97% of monodispersed particles 0.3 microns in diameter or larger. Citp of Lubbock Citizens Tower Asbestos and Mold Abatement 02015-2 DEFINITIONS AND TERMS SECTION 02015 2011 EDITION > Holding Area: •A room between the washroom and an uncontaminated area in the equipment decontamination unit. The holding area has an airlock constructed at its entrance from an uncontaminated area. > Moveable Object: A piece of equipment or furniture in the work area that can be removed from the work area. > Non friable ACM: Asbestos -Containing Material which, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure, or material that has been assessed as non -friable by an accredited/licensed asbestos inspector. > Owner: Owner or operator of a demolition or renovation activity --Any person, -- who owns, leases, operates, controls, or supervises a commercial building or facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation or both. > Pressure Differential: A condition whereby the containment is maintained at a pressure differential of at least negative 0.02 inches of water column relative to t.._ the adjacent unsealed areas. > Removal: Any action that dislodges, strips, or otherwise takes away asbestos - containing building material from the designated areas. > Renovation: The modifying of any existing structure, or portion (component) thereof. A Shower Room: A room in the worker decontamination unit that is located between the clean room and equipment room, and is equipped with a functional shower stall and waste water filtering system. > Small-scale, Short Duration: Removal of small quantities of friable asbestos - containing insulation on pipes, small quantities of asbestos -containing surfacing materials, or other non -friable asbestos containing materials that are less than 6 square feet or 6 linear feet, and can be removed by glove bag or mini -containment t... procedures. > Surfactant: A non -toxic, non-flammable, chemical wetting agent added to water to improve penetration. y Supervisor: An employee of Contractor who is accredited/licensed as a Supervisor for Asbestos Abatement Projects, qualifies as a competent person on asbestos r abatement projects, and holds current applicable accreditation/license. > Washroom: A room between the work area and the holding area in the equipment decontamination unit. The washroom has an airlock between it and the holding area. ➢ Wet -Clean: The process of eliminating asbestos contamination from building i surfaces and objects by using cloths, mops, or other cleaning tools that have been --v' dampened with amended water, and by afterwards disposing of these cleaning tools as asbestos -containing waste. > Work Area: The area of a building where asbestos -containing materials will be, ._- or are being, removed or abated. > Worker Decontamination Unit: A decontamination enclosure system for workers, typically consisting of a clean room, a shower room, and an equipment room. END OF SECTION City of Lubbock Citizens ToNver Asbestos and Mold Abatement 02015-3 GENERAL REQUIREMENTS SECTION 02020 2011 EDITION SECTION — 02020 GENERAL REQUIP >EMENTS --f '-�/o PART 1— GENERAL -' License # MAC-1093 Expires Jan 12, 2417 1. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2. SUMMARY A. General performance requirements for project. B. Specific performance requirements for project. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by Federal or State agencies. 1.4.PERFORMANCE REQUIREMENTS A. Initially clean and properly prepare work area for removal of ACM and Mold contaminated materials. B. Properly remove and dispose ACM and Mold contaminated materials. C. Specific performance requirements for project. 1. Abate all interior and exterior ACM and ACM debris by standards within the industry and in compliance with applicable regulations. 2. Remediation of all interior Mold contaminated materials by standards within the industry and in compliance with applicable regulations. 3. Where mold exists on ACM remediation shall be performed as ACM abatement in compliance with DSHS rules. 4. Upon substantial completion of ACM removal clearances shall be conducted for asbestos abatement in compliance with procedures in § 02044. 5. Upon achievement of clearance for ACM abatement additional work shall be performed to ensure removal of all molds and mold contamination from area. 6. Clearance for Mold shall be performed following substantial completion of Mold remediation in compliance with procedures in § 02044. D. Recycle or properly dispose of hazardous wastes required to be removed prior to ACM or Mold abatement work including, but not necessarily limited to: City of Lubbock Citizens Tower Asbestos and Mold Abatement 02020-1 GENERAL REQUIREMENTS SECTION 02020 2011 EDITION 1. Fluorescent lamps. 2. Compact fluorescent bulbs. 3. High intensity discharge lights. 4. Capacitors. 5. Batteries. 6. Mercury containing components E. Maintain work conditions in regulated areas in compliance with EPA, DSHS and OSHA rules. F. Maintain work conditions outside regulated areas in compliance with EPA and DSHS rules. 1. Maintain ambient air below EPA standard of 0.01 fibers/cc. G. Protect employees of Owner, occupants, Contractor and Sub -Contractors. H. Maintain on -site for ACM abatement and Mold remediation; A licensed Supervisor, in compliance with DSHS, for ACM work at each job site at all times, from mobilization to completion. 1. Failure to have a Supervisor present shall result in tenninatiop of all abatement activities for the remainder of the day, or until a licensed Supervisor is again present. J. A licensed Contractor, in compliance with DSHS, for Mold work at each job site at all times, from mobilization to completion. 1. Failure to have a licensed Contractor present shall result in termination of all Mold remediation activities for the remainder of the day, or until an accredited Contractor is again present. K. Secure all entrances to containments or regulated areas when workers are not present. 1. Secured entrances or regulated areas will be locked with a combination lock. The combination will be given to Consultant and Owner's designated representative. 2. When decontamination units are located on the exterior of buildings, Contractor must cover the exterior portion of decontamination unit with 1/2" plywood, or suitable optional material approved by Consultant and Owner. 1.5. Related Work A. Work necessary for successful completion of removal and disposal of ACM but not directly involving ACM. This work includes but is not limited to: 1. Proper cleaning and/or disposal of contaminated and non -contaminated materials. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02020-2 is GENERAL REQUIREMENTS SECTION 02020 2011 EDITION i 2. Proper packaging, labeling, placarding and transportation for disposal of ACM and Mold contaminated materials. 3. Compliance with DOT regulations for transportation of ACM and Mold contaminated materials. B. Work includes maintaining daily work records on the job site. The work records include but are not limited to the following information. 1. The name of each person working. 2. Description of the type of respiratory protection worn by each person entering containment or work area. 3. Descriptions of meetings or discussions regarding the job, special or unusual events. 4. Descriptions of safety meetings, those in attendance, topics, resolutions, etc. 5. Records of daily containment inspections as required by 1926.1101(o)(2). 6. Records of waste removal from containment. 7. Record chart from the recording manometer. 1.6.QUALITY ASSURANCE A. Comply with regulations identified in SECTION 02022 and specifications. B. Contractor represents that Contractor and its employees, Sub -Contractor's and any others are experts in ACM and Mold removal with full knowledge of, and i compliance with, all applicable Federal, State, and Local rules, regulations, and guidelines governing ACM and Mold removal as well as state-of-the-art removal techniques. C. Furnish all notifications e i p rm ts, labor, material, services, insurance, tools, equipment, and notifications in accordance with EPA, OSHA, DSHS, and all other applicable agencies to complete removal of ACM and Mold contaminated materials. D. Contractor shall attend a pre -construction meeting to be held at a mutually agreeable time and date. Attending this meeting will be Owner, General Contractor, Asbestos Abatement Contractor, Mold Remediation Contractor and assigned Supervisors, and Consultant. I 1. All pre -construction submittals by Contractor will be reviewed at this meeting. Contractor shall be prepared to discuss and submit plans or documentation for: <_ a. Preparation of work area b. Personal protective equipment C. Employee training certificates d. Decontamination procedures = __ e. Abatement methods and procedures £ Handling and disposal procedures for ACM �i L City of Lubbock Citizens Tower Asbestos and N4old Abatement 02020-3 I t GENERAL REQUIREMENTS SECTION 02020 _2011 EDITION b. Final decontamination and cleanup procedures a h. Sequence and schedule of work i. Emergency procedures j. Respiratory Protection Program including evidence of respiratory protection training and current respirator fit tests. k. Owner's Safety requirements 1. Any site specific owner requirements 2. There will be a final walk-through of the building/site and discussion of plans, anticipated problems, and areas of special concern. 1.7.DELIVERY, STORAGE AND HANDLING A. Contractor shall place all materials delivered to the site in a secure container in an area to be designated by Owner or Owner's Representative. B. Contractor shall not place materials in areas inside the building without prior approval. C. Materials shall be stored in a safe dry environment to protect the integrity and performance of the materials. I XPROJECT CONDITIONS A. Adjacent buildings and ancillary facilities will remain occupied during project. B. Contractor shall take care not to interrupt services to surrounding facilities. C. Contractor shall notify Design Professional 3 days prior to any interruption or terminations of services. PART 2 — PRODUCTS 2. LContractor shall provide adequate supplies, materials, equipment and personnel to ensure the orderly progress of the work. Supplies shall include but are not limited to: A. True six mil fire -retardant polyethylene sheeting. B. True four mil fire -retardant polyethylene sheeting. C. Spray glue formulated for wet environments. D. Duct tape formulated to maintain grip and integrity in wet or humid environments. E. Nails, staples, wood, or PVC tubing sufficient to erect required containments. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02020-4 GENERAL REQUIREMENTS SECTION 02020 2011 EDITION F. Assorted hand tools to accomplish the work. G. Assorted power tools to accomplish the work. 1. Power tools shall be constructed with an isolated exterior shell or 2. Shall be equipped with a three prong grounded plug. a. No power tools shall be permitted to remain on -site with frayed, cut, nicked, or otherwise exposed wiring, or removed or damaged ground prongs. PART 3 — PREPARATION 3.1.PREPARATION OF WORK AREAS A. Remove all movable non -ACM or non -Mold contaminated materials or items prior to beginning preparation for containment of the area. B. Establish preparation of work areas in compliance with requirements below and § 02030. C. Thoroughly clean the work area prior to erection of poly containment and decontamination unit. 1. Areas designated as contaminated shall require preparatory work be performed with personnel in PPE including at a minimum half -face APR and disposable suits. D. Contractor shall erect full containment in areas where friable ACM is present. E. Contractor shall erect critical barriers and partial containment to form an air -tight enclosure in areas where only non -friable materials are present. F. Contractor shall notify Consultant requesting inspection of containment prior to starting negative pressure HEPA filtered exhaust units or beginning any removal activity. PART 4 - EXECUTION 4. I .EXECUTION A. Perform removal of specified ACM and Mold contaminated materials using sufficient equipment, labor, and materials to accomplish the work in a workman like manner. B. Do not allow removed material to accumulate in the work area. C. Ensure that removed materials are kept wet and bagged as soon as feasible. 1. All removed material shall be bagged -out daily. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02020-5 GENERAL REQUIREMENTS SECTION 02020 .; 2011 EDITION i 2. Removed materials shall bagged -out and placed in secure ACM waste or Mold contaminated materials containers outside the building prior to the end of each shift. END OF SECTION t City of Lubbock Citizens Tower Asbestos and %4old Abatement 02020-6 1 NOTICES, RECORDKEEPING, AND REFERENCES SECTION 02022 2011 EDITION SECTION — 02022 NOTICES, RECORDKEEPING, AND REFERENCES PART 1 - GENERAL 1.l .RELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Notices, records and references which apply to the project. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by Federal or State rules. I ATERFORMANCE REQUIREMENTS A. Submit required ten day notification to DSHS for ACM work. B. Submit required five day notification to DSHS for Mold work. C. Post required site notices. D. Post NOV and Citations issued by regulatory agencies. E. Identify regulated areas. F. Maintain on -site records. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6.QUALITY ASSURANCE A. Provide pictures of signage, labels and notices for the project. B. Place signage in sufficient locations to alert personnel within project of hazards. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02022-1 NOTICES, RECORDKEEPING, AND REFERENCES SECTION 02022 2011 EDITION C. Mark all waste with required labels. D. Ensure proper manifest records 1.7.DELIVERY, STORAGE AND HANDLING A. Not applicable. 1.8. PROJECT CONDITIONS B. Contractor shall take care not to interrupt services to surrounding facilities. C. Contractor shall notify Design Professional 3 days prior to any interruption or terminations of services. PART 2 — PRODUCTS 2.1.Labels A. Provide labels for waste containers in compliance with OSHA. B. Provide sufficient labels for project debris. 2.2.Signs A. Provide signs required by DSHS and EPA. B. Provide sufficient number of signs for adequate posting for protection of personnel. 2.3.Baniers A. Provide barriers for project. B. Barrier tape. C. Barricades. D. Fencing. 2.4.Damaged or deteriorated labels, signs, and barriers shall not be used and must be removed from the premises. Material that becomes contaminated with asbestos or mold must be disposed of in accordance with the applicable regulations. PART 3 — EXECUTION 3.1.Notices to Contractor City of Lubbock Citizens Tower Asbestos and Mold Abatement 02022-2 NOTICES, RECORDKEEPING, AND REFERENCES SECTION 02022 2011 EDITION A. General notices applicable to Contractor and workers. B. Employee Behavior 1. Contractor must provide its employees with a written policy of drug and alcohol abuse. No employee of Contractor shall be allowed to remain on Owner's property who is intoxicated by drugs (substance abuse) and/or alcohol, or who is observed using drugs or alcohol on Owner's property. 2. Contractor is expected to enforce its drug and alcohol abuse policy at all times while conducting business. 3. Weapons and other hazardous, dangerous, or otherwise disruptive items in the possession of Contractor or its employees are not allowed on Owner's property. 4. Contractor and its employees are required to display good manners to Owner's staff and occupants at all times while on Owner's property. Complaints to Consultant or Owner regarding harassment, threatening behavior, poor personal hygiene, or use of profanity or offensive language by any employee of Contractor may result in the suspension of abatement activities until the behavior problem is corrected or employee is removed from owner's property. 3.2.Performance Standards: A. Contractor shall perform all asbestos removal using techniques and procedures recognized by the asbestos removal industry as being safe and effective in the control of fiber release during removal of ACM. B. Contractor shall perform all mold removal using techniques and procedures recognized by the mold removal industry as being safe and effective in the control of mold release during removal of Mold. C. Contractor is expected to perform all removal, cleaning, and disposal operations in a manner that facilitate meeting final air clearance standards for analysis by the method to be used for clearance, for ACM either Transmission Electron Microscope or Phase Contrast Microscope, or for Mold by the methods specified in § 02044. 3.3.Analytical Test Results A. Results of analysis for clearance of ACM or Mold pertaining to the scope of the asbestos abatement projects are available from Owner or Consultant at Contractor's request. B. Results of background and previous air monitoring tests made by Consultant prior to commencement of work will be available from Consultant upon written request for the duration of asbestos removal project. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02022-3 I NOTICES, RECORDKEEPING, AND REFERENCES SECTION 02022 2011 EDITION C. Results of final air tests analyzed by phase contrast microscopy (PCM) will be made available to Contractor within, at least, 24 hours of collection of the sample. Results of final air tests analyzed by transmission electron microscopy (TEM) will be made available within, at least, 48 hours of completion of collection of the sample. Consultant will make every reasonable effort to obtain these test results in a time and manner suitable to Contractor's work schedule. 3.4.Conditions for Project A. Contractor and Consultant shall agree in writing on the condition of the building, fixtures, landscaping, irrigation systems, etc., prior to commencement of work. B. A report on the "Condition of Building and Fixtures" must be signed by both Contractor and Consultant prior to commencement of asbestos abatement. C. Damages incurred by Contractor must be repaired and/or damaged materials replaced at Contractor's expense. 3.5.Royalties and Patents A. All fees, royalties, and claims for any invention, or pretended invention, or patent on any article, material, arrangement, appliance or method that may be used upon or in any manner be connected with the construction of this work or appurtenances are hereby included in the prices stipulated in this contract for said work, Contractor hereby expressly binds himself or itself to indemnify and save harmless Owner from all such claims, fees, and from any and all suits and actions of every name and description that may be brought against Owner on account of any such claims, fees, royalties, or costs for any such invention or patent, and from any and all suits or actions that may be brought against Owner for the infringement of any and all patents or patent rights claimed by any person, firm or corporation. B. Indemnification: Contractor agrees to indemnify, defend, save and hold harmless Owner from all claims, demands, liabilities, and suits of any nature whatsoever to the extent they arise out of, or are due to the negligent or wrongful act or omission by Contractor or its' employees. 3.6.Record keeping A. Where ACM has been removed, all records concerning removal of asbestos - containing materials shall be kept and a copy of project records submitted to Consultant at the completion of the asbestos removal project in accordance with regulations and § 01300 and § 01700. B. Where Mold contaminated materials have been removed, all records concerning removal of mold contaminated materials shall be kept and a copy of project ' City of Lubbock Citizens Tower Asbestos and Mold Abatement 02022-4 NOTICES, RECORDKEEPING, AND REFERENCES SECTION 02022 2091 EDITION records submitted to Consultant at the completion of the asbestos removal project in accordance with regulations and § 01300 and § 01700. C. Where hazardous materials have been removed, all records concerning hazardous materials removed or recycled shall be kept and a copy of these records given to Consultant at the completion of the removal project in accordance with applicable rules and § 01300 and § 01700. 3.7.Applicable Reference Documents A. The most recent issue of each document is applicable. In case of overlapping jurisdiction of documents or regulations, the most stringent requirements are applicable. B. Applicable Regulations - Compliance with all applicable regulations is required. These regulations include, but are not limited to: • DSHS TAC 295 Texas Asbestos Health Protection Rule. • EPA 40 CFR part 61, subpart A: Regulation for Asbestos. • EPA 40 CFR part 61, subpart M: National Emission Standard for Asbestos. • EPA 40 CFR 763 subpart E: Asbestos -Containing Materials in Schools; Final Rule and Notice. • EPA 40 CFR 763 subpart G: Asbestos Abatement Projects; Worker Protection. • OSHA 29 CFR part 1926 subpart F: Fire Protection and Prevention. • OSHA 29 CFR part 1910, subpart .D: Occupational Exposure to Asbestos; Final Rule. • OSHA 29 CFR part 1926.1101: Occupational Exposure to Asbestos; Construction Industry Standard. • OSHA 29 CFR part 1926 subpart E: Personal Protective and Life Saving Equipment. • OSHA 29 CFR part 1910.134: Respiratory Protection. • OSHA 29 CFR part 1910.1200: Hazard Communication. • DOT 49 CFR parts 171 and 172: Hazardous Substances Transportation: Final Rule. C. Procedures described in the following guidance documents are also applicable to this contract unless specifically stated by Consultant or his agent: • EPA 600/4-85-049: Measuring Airborne Asbestos Following an Abatement Action (November). • EPA 560/5-85-005: Evaluation of the EPA Asbestos -in Schools Identification and Notification Rule. • EPA 560/5-85-006: Asbestos in Buildings: National Survey of Asbestos Containing Friable Materials. City ofLubbock Citizens Tower Asbestos and Mold Abatement 02022-5 NOTICES, RECORDKEEPING, AND REFERENCES SECTION 02022 2011 EDITION • EPA 56015-85-024 Guidance for Controlling Asbestos -Containing Materials i in Buildings. ® EPA 530 SW-85-007 Asbestos Waste Management Guidance (May). ® NIOSH 7400 Method: NIOSH Manual of Analytical Methods, NIOSH Publication 84-100. • NIOSH 7402 Method: Asbestos Fibers, NIOSH Manual of Analytical Methods, NIOSH Publication 84-100. 3.8.Warning Signs and Labels A. Each disposal bag or waste container must be labeled with "Asbestos NA2212," the generator's name and location, and a class 9 label. Disposal bags shall be marked as follows: DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER & LUNG DISEASE HAZARD B. The transport container must have a Class 9 placard with the asbestos ID number 2212 in an orange rectangular or white square on point display on all four sides of the container. C. Warning signs shall be posted at all entrances to the work area and shall be labeled as follows: DANGER ASBESTOS CANCER & LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA D. Barrier tape shall be placed at all hallways and corridors that lead to the work area and will display the following: DANGER DO NOT ENTER OR RESTRICTED AREA AUTHORIZED PERSONNEL ONLY END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02022-6 I"s g�gfJ t EQUIPMENT REMOVAL, SITE SECURITY, AND SITE CONDITIONS SECTION 02024 2011 EDITION c ; SECTION — 02024 EQUIPMENT REMOVAL, SITE SECURITY, AND SITE CONDITIONS PART 1 - GENERAL 1. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2. SUMMARY A. Remove equipment, non -scope materials, hazardous materials, and components to be salvaged or recycled or that are necessary to perform scope of work identified in § 01010. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. 1 A.PERFORMANCE REQUIREMENTS A. Remove all non -scope items that are within the scope of work areas as necessary to perform requirements for the project. B. Remove items to be salvaged, recovered, or recycled. C. Properly manifest hazardous materials for recycling. D. Provide itemized list for materials salvaged or recovered. E. Submit job records for salvaged, recovered, and recycled materials.r 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6. QUALITY ASSURANCE A. Comply with regulatory requirements. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02024-1 EQUIPMENT REMOVAL, SITE SECURITY, AND SITE CONDITIONS SECTION 02024 2011 EDITION B. Maintain waste manifests for all materials. C. Submit records at close out as required in § 01300 and § 01700. 1.7.DELIVERY, STORAGE AND HANDLING A. Contractor shall place materials in a secure container in an area to be designated by Owner or Owner's Representative. B. Contractor shall not place materials in areas inside the building without prior approval. 1.8.PROJECT CONDITIONS A. Contractor shall take care not to interrupt services to surrounding facilities. B. Contractor shall notify Design Professional 3 days prior to any interruption or terminations of services. C. Facilities: Domestic power shall be provided by the City of Lubbock at no expense to the Contractor. In the event power supplied is inadequate, it shall be Contractor's responsibility to provide additional power for the duration of the abatement project. 2. Domestic water shall remain the responsibility of the Contractor for the duration of the project. In the event water supplied is inadequate, it shall be Contractor's responsibility to provide additional water for the duration of the abatement project. 3. Contractor shall provide portable sanitary facilities during and for the duration of the project in the number and location that complies with OSHA. D. Equipment storage: Arrangement for equipment storage will be made during preconstruction meeting. E. Dumpster location: Arrangements for location of dumpsters to be made at pre - construction meeting. All dumpsters must be secured with locks. Dumpsters shall 3 remain locked at all times while present on Owner's property, except when opened to receive waste. F. Contractor parking: Arrangements for Contractor employee parking to be made at the preconstruction meeting. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02024-2 EQUIPMENT REMOVAL, SITE SECURITY, AND SITE CONDITIONS SECTION 02024 2011 EDITION 1.9.SITE SECURITY A. Contractor shall provide site security during the hours when Supervisor and workers are on site at no additional cost to Owner. During the hours when Contractor is not on site, Owner will specify the time period during which security shall be required. Contractor may, at Contractor's option, employ a security service, or use employees of Contractor. Owner may, at Owner's option, provide "off -time" site security. B. The entrance to the containment must be locked at all times that an employee of Contractor is not present at the entrance. C. When decontamination units are located on the exterior of buildings, Contractor must cover the exterior portion of decontamination unit with 1/2" plywood, or other suitable material to be approved by Consultant and Owner. D. Contractor is responsible for all damages to the building or its contents or occupants that result from the operation of Contractor's equipment or personnel within the building, except when specified by Consultant or his designated representative. Damages include, but are not limited to cleanup of any areas contaminated by Contractor during his work and all liquidated damages, as stated in contract between Owner and Contractor, as a result of Contractor's activities. PART 2 — PREPARATION 2. LNOT APPLICABLE PART 3 — EXECUTION 3.1.Equipment Removal Procedures A. Clean items to be removed thoroughly. B. Segregate and stack items removed from the building. C. Itemize items to be salvaged and provide distribution list. D. Manifest items to be recycled. E. Supply manifests and distribution lists to Owner at close out. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02024-3 PERSONAL PROTECTION SECTION 02026 --2011 EDITION SECTION — 02026 PERSONAL PROTECTION PART I - GENERAL 1. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Protection of Contractor personnel and workers of all other Sub -contractors on site. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the riles promulgated by federal or state rules. I ATERFORMANCE REQUIREMENTS A. Require the correct and proper use of necessary PPE for all personnel entering any regulated area for the purpose of preparations, removal or clean-up for ACM or Mold contaminated materials. 1. Contractor shall provide sufficient respirators, disposable suits, boots, gloves, and all other equipment necessary to protect workers, Consultant and Visitors. 2. Contractor shall provide a sufficient change of PPE for daily use by workers, Consultant and Visitors. 3. Contractor shall not require nor permit the re -use of any contaminated PPE. B. Contractor shall require workers to be protected for preparation in contaminated areas. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. L Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6.QUALITY ASSURANCE A. Maintain a copy of written respiratory program on site. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02026-1 PERSONAL PROTECTION B. Maintain copies of annual physicals on site. C. Maintain copies of notifications on site. D. Maintain copies of respirator fit tests on site. E. Maintain emergency plans on site. 1.7.DELIVERY, STORAGE AND HANDLING A. Not applicable. 1.&PROJECT CONDITIONS SECTION 02026 2011 EDITION A. Contractor shall take care not to interrupt services to surrounding facilities. B. Contractor shall notify Design Professional 3 days prior to any interruption or terminations of services. PART 2 — PRODUCTS 2.l.Personal Protection Equipment A. Disposable suits. B. Disposable gloves. C. Protective boots that can be thoroughly cleaned. D. Respirators. E. Three stage wet decontamination facility. PART 3 — EXECUTION 3.1.Prior to commencement of work, workers must be instructed, knowledgeable, and accredited by an EPA -approved training facility on the hazards of asbestos exposure, on the use and fitting of respirators, on protective clothing, and on all aspects of work practices and protective measures. This training must comply with all regulations applicable to worker training in the State of Texas. All workers must have evidence of current accreditation/license in their possession, or I.D. cards issued by an EPA approved training agency. Workers having expired accreditation certificates shall not be allowed in work area. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02026-2 ` PERSONAL PROTECTION SECTION 02026 2011 EDITION 3.2.Prior to commencement of work, workers must be instructed, knowledgeable, and accredited by a DSHS approved training facility or person authorized to train on -site workers on the hazards of mold exposure, on the use and fitting of respirators, on protective clothing, and on all aspects of work practices and protective measures. This training must comply with all regulations applicable to worker training in the State of Texas. All workers must have evidence of current accreditation/license in their possession, or I.D. cards issued by a DSHS approved training agency. Workers having expired accreditation certificates shall not be allowed in work area. 3.2. Respiratory Protection A. Provide workers with personally issued and marked respiratory equipment approved by NIOSH and suitable for asbestos and mold exposure level in work area. B. Half -mask, dual cartridge, air purifying respirators shall be worn by all personnel during the preparation of work areas having friable ACM or significant Mold contamination. Respiratory protection will not be required for preparation of work areas having only non -friable ACM (unless otherwise specified by Consultant). Workers may use respiratory protection when not required, if they so desire. C. If Contractor personnel intend to use a respirator less efficient than a Powered Air Purifying Respirator (PAPR) for removal of friable ACM, Contractor shall provide quantitative fit test results for each worker. When fiber counts in excess of 0.1 fibers/cc are anticipated, PAPR or Type C pressure demand respiratory equipment shall be the minimum required respiratory equipment. D. Respirator filters shall have end of life service indicators as required by OSHA 29 CFR 1910.134. 1. Contractor shall provide sufficient replacement filters as required. E. Contractor shall begin removal of friable surfacing or thermal insulation ACM with all personnel in work area using a full face APR at a minimum unless documentation is submitted to Consultant that shows permissible levels of airborne fibers (1.0 fibers/cc or less) on similar jobs in the past. Consultant must approve all documentation in writing, before use of full face APR. F. Respirator Selection and Protection Factors: The following table shall be used as guideline for respirator selection criteria for removal projects: City of Lubbock Citizens Tower Asbestos and Mold Abatement 02026-3 LABOR, MATERIALS, AND EQUIPMENT SECTION 02028 2011 EDITION D. Damaged or deteriorated materials shall not be used and must be removed from the premises. Material that becomes contaminated with asbestos or mold must be disposed of in accordance with the applicable regulations. 2.2.TOOLS AND EQUIPMENT A. Provide suitable tools for asbestos, mold and hazardous waste removal, including but not limited to scrapers, brushes, razor knives, wrenches, tools for constructing containment and decontamination units, brooms, carts, and safety equipment. B. Provide suitable air moving and exhaust equipment, including but not limited to: 1. A method for maintaining pressure differential inside containment with respect to outside containment for asbestos work. 2. A method for maintaining pressure differential negative inside containment with respect to outside containment for mold work. 3. When both asbestos and mold are to be removed in the same work area the more strict standard for negative pressure containments shall apply. 4. HEPA-filtered vacuums. 5. Recording manometers for monitoring the pressure inside containment relative to outside. Contractor shall provide documentation that each manometer used for the project has been factory calibrated within the past twelve months. 6. Portable lighting and power supplies as necessary. C. No equipment shall cause suspension of ACM within work area or discharge of asbestos fibers outside of work area. PART 3 -EXECUTION 3.1. Contractor shall furnish all labor and subcontractors necessary for removal and disposal of ACM, Mold and hazardous materials. A. Laborers shall be experienced and knowledgeable in performance of work. 3.2. Plan work to remove asbestos, mold and hazardous materials with the minimal amount of disturbance possible. 3.3. Perform work in orderly manner working from top down. 3.4. Removed materials shall be properly packaged and taken out of containment daily. 3.5. Maintain work areas in good repair with housekeeping daily. A. Do not allow trash to accumulate in work areas. City of Lubbock Citizens Tower Asbestos and &cold Abatement 02028-3 7L , �_ i LABOR, MATERIALS, AND EQUIPMENT SECTION 02028 2011 EDITION B. Do not allow debris to accumulate in work area. C. Do not allow contaminated PPE to be re -used. 3.6. Contaminated materials shall be removed as asbestos contaminated materials and properly treated. END OF SECTION City, of Lubbock Citizens Tower Asbestos and Mold Abatement 02028-4 PREPARATION OF WORK AREAS SECTION 02030 2011 EDITION SECTION — 02030 PREPARATION OF WORK AREAS PART 1 - GENERAL # 1.1. RELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2. SUMMARY A. Preparation of work areas for removal of asbestos containing materials, mold contaminated materials and other hazardous waste. 1.3. DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. 1.4. PERFORMANCE REQUIREMENTS A. Clean areas to be contained prior to beginning preparation for abatement. B. Remove all non -contaminated items prior to beginning preparation. C. Install critical barriers necessary to isolate the regulated (work) area. D. Install signs and barriers to protect workers. 1.5. SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. B. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. C. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6. QUALITY ASSURANCE A. Provide MSDS for polyethylene sheeting. B. Provide MSDS for spray glue. C. Provide MSDS for tape. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02030-1 PREPARATION OF WORK AREAS SECTION 02030 2011 EDITION D. Provide MSDS for mastic remover. E. Provide MSDS for encapsulant. 1.7. DELIVERY, STORAGE AND HANDLING A. Contractor shall place all materials delivered to the site in a secure container in an area to be designated by Owner or Owner's Representative. B. Contractor shall not place materials in areas inside the building without prior approval. C. Materials shall be stored in a safe dry environment to protect the integrity and performance of the material. 1.8. PROJECT CONDITIONS A. Contractor shall take care not to interrupt services to surrounding facilities. B. Contractor shall notify Design Professional 3 days prior to any interruption or terminations of services. PART 2 — PRODUCTS 2.1.Contractor shall furnish all materials and supplies necessary for removal and disposal of ACM and Mold contaminated materials in a manner consistent with these specifications. These materials include but are not limited to: f A. Fire -retardant polyethylene sheeting. B. Staples, nails, and tape capable of sealing joints and securing polyethylene to all necessary surfaces. C. Surfactant mixed in recommended proportions. D. Containers to receive and retain ACM with appropriate labels. E. Containers to receive and retain Mold contaminated materials with appropriate labels. F. Warning signs and labels. �t G. Glove bags. H. Encapsulants. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02030-2 PREPARATION OF WORK AREAS SECTION 02030 2011 EDITION s V I. Other Materials: All necessary materials for removal and disposal of asbestos and mold contaminated materials in compliance with all applicable codes and regulations, and these specifications. 2.2.Deliver all materials in the original packages, containers, or bundles bearing the name of the manufacturer and the brand name. 2.3.Store all materials subject to damage off the ground, away from wet or damp surfaces, and under cover sufficient to prevent damage or contamination. 2A.Damaged or deteriorated materials shall not be used and must be removed from the premises. Material that becomes contaminated with asbestos or mold must be disposed of in accordance with the applicable regulations. PART 3 — EXECUTION 3. LGeneral Preparation A. Critical Barriers: Seal off all openings with critical barriers. Critical barriers shall be placed on penetrations that include but are not limited to: corridors, doorways, elevators, skylights, ducts, grills, diffusers, and any other penetrations of work areas. Doorways and corridors that will not be used for passage during work must be sealed with barriers. Allowances must be made for emergency exits. B. HVAC and Electrical Shut Down: HVAC systems serving the work area must be either shut down or temporarily capped on all asbestos and mold abatement projects. Electrical systems serving the work area shall be shut down and secured, or special provisions with Owner must be made to ensure the safety of abatement workers while asbestos or mold abatement is performed. 1. All modifications to the electrical power systems must be carried out by a licensed electrician. Ensure safe installation of temporary power sources and equipment per applicable NEC code requirements. 2. Use ground -fault circuit interrupters (GFCI) at all temporary power 1� sources in work area. All electrical equipment used by Contractor in the work area must be protected by GFCI. 3. The electrical supply to the work area must be located outside the containment. Contractor shall not use plug-in GFCI electrical receptacle t outlets inside containment. C. Provide temporary lighting as required to ensure safe work conditions. Lighting shall be protected by ground -fault circuit interrupters (GFCI). D. Polyethylene Sheeting: In general, all fixed objects and architectural surfaces in the work area must be protected from contamination during asbestos removal or City ofLubbock Citizens Tower Asbestos and Mold Abatement 02030-3 l: PREPARATION OF WORK AREAS SECTION 02030 2011 EDITION from damage from application of encapsulants after asbestos removal. In certain instances, 1. Sheeting for floor preparation shall be minimum 6 mil true thickness. 2. Sheeting for wall preparation shall be minimum 4 mil true thickness. E. Pressure Differential for ACM work: All work areas must be placed under a pressure differential of at least negative 0.02 inches of water column, with respect to outside areas, prior to disturbance of asbestos -containing materials. F. Pressure Differential for Mold work: All work areas must be placed under a negative pressure differential with respect to outside areas, prior to disturbance of Mold contaminated materials. G. Where both ACM and Mold contaminated materials are present within the same work area the stricter requirement for negative pressure containment shall apply. H. Post warning signs and barrier tape in and around work area as required by all applicable regulatory agencies, and restrict access to work area to personnel _ approved. by Contractor or Consultant. 1. Create and maintain emergency and fire exits from work areas, or establish alternative exits satisfactory to the fire code, for duration of project. J. Contractor shall install view windows not less than 18" by 18" for every 260 linear feet of the project, where feasible, to provide a reasonable view of work area. If a reasonable view cannot be obtained from decontamination unit, Contractor shall install two or more view windows in uncontaminated areas that provide a reasonable view of work area. K. Clean moveable objects and carpeting within the proposed work area using .f HEPA filtered vacuums and/or wet -cleaning methods as appropriate, and remove such objects from work area to a suitable temporary location. L. Clean fixed objects within the proposed work area using HEPA-filtered vacuums and/or wet -cleaning methods as appropriate, and enclose objects with 6 mil (minimum true thickness) fire -retardant polyethylene sheeting sealed with tape. M. Cover, isolate, or remove and clean ceiling -mounted objects, such as lights and other items not previously sealed off, or covered, that interfere with asbestos or mold contaminated materials abatement. Use localized water spraying or HEPA- filtered vacuums during fixture removal to reduce fiber or spore dispersal. 3.2.Separation of Work Areas from Occupied Areas A. Maintenance of Containment: City of Lubbock Citizens Tower Asbestos and Mold Abatement 02030-4 PREPARATION OF WORK AREAS SECTION 02030 2011 EDITION 1 1. Ensure that barriers and fire -retardant polyethylene sheeting are effectively sealed and taped. Repair damaged barriers and sheeting, and remedy defects immediately upon discovery. Maintenance is to continue v_ until clearance to dismantle containment is given by Consultant. 2. Supervisor shall inspect containment a minimum of twenty-five percent (25%) of each work shift. 3. Monitor effectiveness of barriers with recording manometer. A pressure differential must be maintained at all times, prior to the first disturbance of ACM or Mold and ending only when final air testing results show that fiber and spore concentrations are acceptable by whichever method has - been specified for final air clearance. 4. The strip chart from the recording manometer must be marked with the project name, location, date, and time, and submitted to Consultant. 3.3.Preparation for Friable Materials A. Preparation for Full Containment for Friable Materials 1. Clean supply and return air grilles, remove filters and dispose of filters as ACM. 2. Clean proposed work areas using HEPA-filtered vacuums or wet -cleaning methods as appropriate. Methods that raise dust, such as dry sweeping or vacuuming with equipment not equipped with HEPA filters shall not be used. B. Cover surfaces in the proposed work area, which do not require asbestos removal, with fire -retardant polyethylene sheeting in the following manner: 1. Cover floors with 2 layers of true b mil minimum fire -retardant polyethylene sheeting sealed with tape, when appropriate. The floor covering must extend at least 12" up the wall to contain leakage. The wall covering must overlap the floor covering. 2. Cover walls or erect temporary walls with 2 layers of true 4 mil minimum fire -retardant polyethylene sheeting sealed with tape. a. Sheeting shall be secured by tape, glue, staples or tension nails as necessary to maintain the integrity of containment throughout removal and testing process. b. The layers of fire -retardant polyethylene sheeting must be placed so the upper layer can be removed without damaging the integrity of the lower layer. 3. Cover ceilings with 2 layers of true 4 mil minimum fire -retardant polyethylene sheeting, sealed with tape, when appropriate. This sheeting must be secured in a manner that shall maintain the integrity of i containment throughout removal and testing. 4. For work areas that do not have an adequately flat surface, or have extensive mechanical and/or electrical fixtures attached to the ceiling,_y Contractor shall perform initial cleaning of the exposed surfaces at the ceiling prior to removal, and perform wet -cleaning and HEPA-vacuuming ! t t - City of Lubbock Citizens Tower Asbestos and Mold Abatement 02030-5 f PREPARATION OF WORK AREAS SECTION 02030 2011 EDITION during final cleanup. The ceiling area shall be encapsulated prior to final air testing. 3A.Preparation for Non -friable Materials A. Cover surfaces in the proposed work area, which do not require asbestos removal, with fire -retardant polyethylene sheeting in the following manner: 1. Cover floors with 2 layers of true 5 mil minimum fire -retardant polyethylene sheeting sealed with tape, when appropriate. The floor covering must extend at least 12" up the wall to contain leakage. The wall covering must overlap the floor covering. 2. Cover walls from the floor to the ceiling with 2 layers of true 4 mil minimum fire -retardant polyethylene sheeting sealed with tape. This sheeting must be secured as necessary to maintain the integrity of the covering throughout removal and testing process. 3. Cover ceilings with 2 layers of true 4 mil minimum fire -retardant polyethylene sheeting, sealed with tape, when appropriate. This sheeting must be secured in a manner that shall maintain the integrity of the covering throughout removal and testing process. B. In instances where non -friable ACM mastic is the only substance being removed in the proposed work area, Contractor shall not be required to cover floors, walls, and ceiling with fire -retardant polyethylene sheeting. Instead, Contractor may install splash guards extending at least 48" high along the base of walls affected by floor mastic removal, or install a suitable drop cloth beneath non -ACM thermal insulation on pipes or ducts, which is coated with mastic sealant. C. Maintain emergency and fire exits from work areas, or establish alternative exits satisfactory to the fire code. D. For work areas where only floor mastic or mastic materials on thermal system insulation is being removed: l . Install HEPA-filtered exhaust units in work area, or use HEPA-filtered vacuums to contain airborne fibers. 2. A pressure differential is required for these materials. Contractor should use HEPA-filtered equipment during cutting, dissolving, and cleaning stages to ensure that airborne fibers, if any, are properly contained in the work area. 3.5.Decontamination Units A. Use pre -constructed decontamination units or build suitable framing and line ' with double layer of fire -retardant polyethylene sheeting sealed with tape at all lap joints in sheeting. l�- City of Lubbock Citizens Tower Asbestos and Mold Abatement 02030-6 L__ PREPARATION OF WORK AREAS SECTION 02030 2011 EDITION B. Construct a worker decontamination unit contiguous to work area consisting of three enclosed rooms as follows: 1. An equipment room with curtained doorways on either side. 2. A shower room with curtained doorways on either side. Shower room must contain at least one shower with hot and cold water for each 10 persons in the work area. Water must be mixed at point of use (29 CFR 1910.141) a. Careful attention must be paid to shower room to insure against leaking of any kind and to insure proper drainage of shower water. There shall be no standing water in the shower stall or shower room. Insure a supply of soap at all times in shower room. b. Waste water must be filtered through a medium that is capable of removing suspended particles of a diameter greater than or equal to 5 microns. Filtered waste water must be discharged into public sanitary sewer systems. Discharge of filtered water onto surface soil, asphalt, concrete, or any other porous surface shall not be permitted. 3. A clean room with curtained doorway into shower room and one entrance or exit to non -contaminated areas of the building. Clean room must have sufficient space for storage of the workers street clothes, towels, tools, and other non -contaminated items. 3.6.Establish Pressure Differential and Ventilation A. Install HEPA-filtered exhaust units in work area to lower concentration of airborne fibers in work area and contain airborne fibers. B. Install a sufficient amount of HEPA-filtered exhaust units to maintain a complete volume change in work area 4 times per hour and to maintain a pressure differential between the uncontaminated and contaminated areas of at least negative 0.02 inches of water column. 1. Contractor shall conduct airflow checks to ensure no dead air space exists in work areas. C. Locate HEPA-filtered exhaust units so that make-up air enters work area through decontamination unit, or other suitable source of make-up air. Place HEPA- filtered exhaust units as far as possible from the entrance/exit or other make-up air sources. D. Exhaust ducts shall be attached to metal ducts mounted to 1/2" plywood and placed through a window, door, or wall, then sealed with tape and vented to outside of building. 1. Exhaust shall be ducted through the fresh air vent to the air handler. Neg- Air flex duct shall be extended to the exterior wall to minimize potential 1 for contamination of the fresh air intake duct. _ t City of Lubbock Citizens Tower Asbestos and Mold Abatement 02030-7 I V, PREPARATION OF WORK AREAS SECTION 02030 -, 2011 EDITION E. Start HEPA-filtered exhaust units prior to removal and maintain continuous -, operation until final air clearance of work area has been successfully obtained. F. Replace air filters in HEPA-filtered exhaust unit under the following circumstances: 1. When the unit's manometer indicates that a pressure drop across the filters exceeds 1.0 inch of water, replace pre -filter first. 2. Replace intermediate filter if manometer still exceeds 1.0 inch pressure drop. 3. Replace HEPA filter if replacement of pre- and intermediate filters does not produce a minimum of negative 0.02 inches of water column, with respect to outside areas. G. HEPA-filtered exhaust units shall be inspected daily by Contractor to ensure proper maintenance, and correct placement of filters. The inspection results shall be provided to the Consultant daily. H. When pressure differential system is shut down at the end of the project, the filters must be left in HEPA-filtered exhaust unit and HEPA-filtered vacuums, and openings on these items must be sealed with polyethylene sheeting and duct tape. Exhaust tubes and vacuum tubes for HEPA-filtered vacuums must be sealed with duct tape and two layers of true b mil polyethylene sheeting or waste bags. Filters on these pieces of equipment must not be replaced after final cleanup is complete to avoid any risk of re -contaminating the area. END OF SECTION �e City of Lubbock Citizens Tower Asbestos and Mold Abatement 02030-8 ASBESTOS MATERIALS REMOVAL SECTION 02032 2011 EDITION SECTION — 02032 ASBESTOS CONTAINING MATERIALS REMOVAL PART 1 — GENERAL LLRELATED DOCUMENTS 5- A. Drawings and general provisions of the Contract and Speci ation ections, . apply to this Section. 1.2.SUMMARY A. Remove asbestos containing materials and mold contaminated materials as identified in § 01010 and hazardous materials removal, recycling or disposal as appropriate to the scope of work. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the iules promulgated by federal or state rules. 1 A.PERFORMANCE REQUIREMENTS A. Abate all ACM on the interior and exterior components of the building as identified in § 01010 and associated floor plans. B. Remediate .Mold contaminated materials from interior spaces of the building in compliance with § 02036.. C. Remove hazardous materials and materials containing hazardous components necessary to the performance of the scope of work specified. D. Complete packaging, labeling, and disposal of all ACM waste materials. E. Complete packaging, labeling, and disposal of all Mold contaminated waste materials. F. Complete packaging, labeling, and disposal of all hazardous material waste. G. Comply with all federal and state rules and these specifications. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02032-1 ASBESTOS MATERIALS REMOVAL SECTION 02032 2011 EDITION 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. B. Abatement work shall not be permitted until all submittals have been received and all preparations required for the project have been met. 1.6.QUALITY ASSURANCE A. Containments erected in compliance with regulations and specifications. B. Negative pressure achieved appropriate for each work area. C. Supervisor present during all work activities. D. Daily records maintained. E. Safety, fire and emergency plans in place. F. Employees trained and acknowledge safety, fire and emergency plans, 1.7.DELIVERY, STORAGE AND HANDLING A. Contractor shall provide securable containers for on -site waste storage and removal. B. Waste storage containers shall be lined with two layers of six mil poly prior to [ placing ACM in storage container. C. Waste storage containers shall be lined with two layers of six mil poly prior to placing Mold contaminated wastes in storage container. 1.&PROJECT CONDITIONS A. Contractor shall conduct work as necessary to comply with the rules and these specifications. B. Contractor shall begin work on one end of the building and proceed down the building. PART 2 — PRODUCTS 2.l.Not applicable PART 3 - EXECUTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02032-2 ASBESTOS MATERIALS REMOVAL SECTION 02032 2011 EDITION 3. l.An inspection of each containment by Consultant will be performed prior to the start of removal. A. All preparatory steps have been taken and applicable notices posted and permits obtained. B. Only after this will Contractor begin disturbance of ACM or Mold contaminated materials. 3.2.Asbestos Removal, Friable Materials A. In areas where ACM is greater than 2" thick, wetting shall begin the day before removal is to take place. B. Spray asbestos material with amended water using spray equipment capable of providing a mist application. to reduce release of fibers. Saturate friable material sufficiently to wet the substrate without causing excessive wetting, dripping, or de -lamination of the material. C. Spray the asbestos material repeatedly during removal process to maintain wet condition and minimize asbestos fiber dispersion. The spraying must not be used as a technique to remove or dislodge ACM. D. Remove saturated asbestos material in small sections. Removed materials shall be contained in waste containers as soon as practicable, but in no event later than daily. ACM shall be kept wet throughout the removal operations. E. Secondary Removal 1. After completion of gross removal work, all surfaces from which asbestos has been removed must be wet -brushed with a wire brush and/or wet - cleaned by an equivalent method to remove all visible material. During this work the surfaces being cleaned must be kept wet. 2. Consultant or his representative will approve each area for encapsulation prior to commencement of encapsulation. 3. Encapsulant is to be applied only to surfaces from which ACM has been removed and must not be used as a method for sealing dust on surfaces. F. Dispose of material as indicated by notification and submittal. 3.3.Asbestos Removal, Non -friable Materials A. Wet non -friable material with amended water and remove with appropriate means, methods, equipment, etc. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02032-3 ASBESTOS MATERIALS REMOVAL SECTION 02032 2011 EDITION B. Spray the asbestos material repeatedly during removal process to maintain wet condition and minimize asbestos fiber dispersion. 1. The spraying shall not be used as a technique to remove or dislodge ACM. 2. Flooding shall not be used to remove ACM floor tile. C. Remove material in manageable sections. Removed materials shall not be subjected to forces which may cause unnecessary fiber release. l . Removed material shall not be allowed to accumulate in work area. 2. Removed materials shall be contained in waste containers as soon as practicable, but in no event later than daily. ACM shall be kept wet throughout the removal operations. D. Dispose of material as indicated by notification and submittal. 3.4.Asbestos Removal, Mastic Materials A. Procedure for Removal of Mastic from pipes, ducts, walls, etc., or floor tile mastic shall be accomplished using wet methods. All removed materials, rags, etc., shall be considered ACM contaminated and properly disposed of. 1. Remove with appropriate means, methods, equipment, etc. 2. Contractor shall follow manufacturer's recommendations for removal of chemical remover from substrate surfaces. B. Contractor shall use mastic removers to soften and loosen mastics. Contractor shall not use petroleum or solvent based mastic removers. 1. All mastic removers shall have flash points greater than 140' Fahrenheit. C. Contractor shall continue mastic removal until all mastic material is removed from substrate. Removal of mastic shall be deemed complete when no mastic remains above the lowest surface of the substrate. D. Dispose of material as indicated by notification and submittal. 3.5.Waste Containment and Load -out Procedure A. Contractor shall notify Consultant four (4) hours prior to waste load -out. 1. Consultant will notify Owner of load -out. 2. Owner retains the right to observe waste load -out. a. Owner may delegate authority to sign waste manifests. B. Contractor shall use suitable material for waste containment and disposal (e.g. 6 mil polyethylene bags or sheets, or approved tight sealing drums) and label in compliance with OSHA. Transport container shall be labeled in compliance with (29 CFR 1926.1101(k)(8)(iii)). Material must be placed in containers in a prompt manner consistent with 29 CFR 1926.1101(g)(1)(iii). City of Lubbock Citizens Tower Asbestos and Mold Abatement 02032-4 ASBESTOS MATERIALS REMOVAL SECTION 02032 2011 EDITION 1. When disposal bags are used, the bagged material must be placed within a second Bag which shall be wet wiped at bag -out facility. The outer bag must be labeled with all applicable warnings, including OSHA/DOT labeling. 2. Contractor shall clean each container prior to placing in a secondary container, and wet cleaned prior to removal through the bag -out facility. C. Ensure that containers are removed from bag -out room areas by workers who have entered from uncontaminated areas, dressed in clean coveralls. Ensure that workers do not enter from uncontaminated areas into washroom or work area. Ensure that contaminated workers do not exit work area through equipment decontamination unit. D. Bagged material shall be placed in a covered cart for removal from building. E. Pieces of material too large for bags or drums must be wrapped in 2 layers of true 6 mil polyethylene sheeting and properly labeled for disposal. Use cardboard or other material to protect sharp edges from cutting or penetrating poly wrapping. F. All bags, containers, and drums that are to be disposed shall be properly labeled and marked as required by regulations. 1. Mark waste containers with the numbering system provided by Owner, if applicable. G. Place waste in storage container for transport at least daily or end of project. Material must be placed in containers in a prompt manner consistent with 29 CFR 1926.1101(g)(1)(iii). END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02032-5 MOLD REMEDIATION PROTOCOL SECTION 02036 2011 EDITION ggv SECTION — 02036 MOLD PROTOCOL FOR REMEDIATION t PART 1 — GENERAL ALic"ense 4 MAC-1093 Expires Jan 12, 2017 1.LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Remove materials contaminated with mold from interior spaces of the facility as identified. 1.3.13EFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. 1.4.PERFORMANCE REQUIREMENTS A. Complete remediation of all Mold contaminated materials identified in § 01010 and associated floor plans. B. Where Mold contaminated materials exist on asbestos containing materials the remediation shall be conducted under the stricter of the two requirements between associated rules and these specifications. C. Complete packaging, labeling, and disposal of all Mold contaminated materials as required by rule only where present on NON -ACM components. D. The remediation contractor shall submit to ESA a remediation work plan prior to any site preparation work. 1. This plan shall include copies of all licenses and respiratory fit test records for all personnel that will be working inside the containment. 2. The plan shall also contain material safety data sheets for all disinfectants biocides used in containment. 3. A copy of this work plan shall be maintained on site for review. E. This work shall require remediation using a state licensed contractor and providing notification to TDSHS five working days prior to work commencing. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02036-1 MOLD REMEDIATION PROTOCOL SECTION 02036 2011 EDITION F. The work shall be done according to EPA guidelines and compliance with all State rules and these specifications. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300 applicable to Mold remediation. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. B. Remediation work for all Mold contaminated materials shall not be permitted until all submittals have been received and all preparations required for the project have been met. 1.6.QUALITY ASSURANCE A. Contractor shall verify estimated quantities on site prior to submitting DSHS notification and the commencement of work. B. Contractor shall cross reference all documents to determine whether mold remediation proceeds independently or is included in asbestos abatement work. C. Packaging complying with DOT 49 CFR 171 and 172. D. Marking, labeling and placarding. E. Proper manifesting. 1.7.DELIVERY, STORAGE AND HANDLING A. Contractor shall provide securable containers for on -site waste storage and removal. B. Waste storage containers shall comply with EPA and DOT rules. I XPROJECT CONDITIONS A. Mold contamination appears to be the result of multiple building envelope failures including, but not Iimited to, roofing, roof flashing, broken windows, decay products from dead animals, etc. B. Contractor shall conduct work as necessary to comply with rules and these specifications. City of Lubbock Citizens Tower Asbestos and Bdold Abatement 02036-2 MOLD REMEDIATION PROTOCOL SECTION 02036 2011 EDITION C. Contractor shall begin work on one end of the building and proceed down the building. PART 2 — PRODUCTS 2.1. DOT approved containers for each hazardous material type. 2.2. DOT approved labels and placards. PART 3 - EXECUTION 3.1. An inspection of each work area by Consultant will be performed prior to the start of removal. A. All preparatory steps have been taken and applicable notices posted and permits obtained. B. Only after this will a Contractor be allowed to begin removal. 3.2. Mold contaminated materials identified to be removed shall be those identified in § 01010 and associated floor plans. A. Mold remediation shall proceed in areas isolated and not including any ACM as Mold only remediation. B. In areas where Mold is present on or in close proximity to ACM identified mold remediation shall be included as a component of ACM abatement. 3.3.Preparation of work area for only Mold shall consist of full containment consisting of two layers of polyethylene with a single air lock. Maintain the area under negative pressure with HEPA filtered exhaust fans. 3A.Personnel protection shall consist of workers in full personal protective equipment (PPE) consisting of at least gloves, disposable full body clothing, head gear, foot coverings and half -face respirator with HEPA filtration. 3.5.Remediation shall consist of both removal and cleaning operation in identified areas. 3.6.Contractor shall take necessary action to prevent unauthorized access to the work area by unlicensed personnel from adjacent occupied area of the facility. Contractor shall post warning to advise occupants not to enter work area. 3.7.Remediation shall consist of removal of the following materials. A. Component removal of carpet, carpet padding, furniture, wall coverings, ._4 accessories, cabinets, etc. Removal shall continue a minimum of 2 feet in any direction past visible mold. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02036-3 MOLD REMEDIATION PROTOCOL SECTION 02036 2011 EDITION B. Component removal of drywall, insulation, ceiling tiles, ceiling insulation, etc. Removal shall continue a minimum of 2 feet in any direction past visible mold. 3.8.Remediation by cleaning of the following: A. Architectural components consisting of wood studs, metal studs, painted steel rails, and metal ceiling grid. Items to be cleaned for shall be cleaned with a three step wet method and dried thoroughly. Contractor shall bag discarded items with 6-mil poly bags. B. Structural components consisting of concrete columns, concrete floor, Steel columns, steel members, and decks above lay in ceilings. Contractor shall clean all structural members with three step process of wet wiping with amended water, HEPA vacuuming and wet wiping again with clean amended water. Contractor shall dry thoroughly all cleaned items. Contractor shall apply biocide to all structural members and pipe. 3.9.Contractor shall use the following EPA approved fungicides for the project and shall adhere to manufactures' recommendations for application: A. Aftershock B. Microban C. Dri-Eaz 3.10. Clearance Criteria are those specified in § 01010 for Mold work. 3.11. The containment shall remain in place and only authorized personnel shall be allowed to enter the containment area until final clearance report has been generated by the MAC. 12. The remediation contractor shall submit copies of work records, photographs of work, and certificate of mold damage remediation to the mold consultant within ten (10) days of project achieving clearance. 3.13. Contractor shall identify actions necessary to address the suspected causes of mold amplification event. Action to repair any other identified water leaks or intrusions into the building. 3.14. If immediate action on the above items is not within the scope of work for this project Contractor shall prepare a written plan to be submitted to the Client. Contractor shall submit a report of the action list and dates by which Client will address the items and make necessary repairs. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02036-4 MOLD REMEDIATION PROTOCOL SECTION 02036 2011 EDITION 3.15. Proper marking and labeling of all wastes or NON -ACM materials identified as hazardous or required to be recycled shall be required prior to removal from the structure. A. Transportation of materials shall only be accomplished with HAZMAT endorsed drivers in properly placarded trucks. B. Manifest all removed waste or NON -ACM materials identified as hazardous or required to be recycled on uniform waste manifest. C. Provide executed waste manifest in project close out documents and submittals. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02036-5 CLEAN UP AND DISPOSAL SECTION 02038 2011 EDIT101 SECTION — 02038 CLEAN UP AND DISPOSAL PART 1-GENERAL LLRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2. SUMMARY A. Cleaning of work areas and disposal of waste. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. I ATERFORMANCE REQUIREMENTS A. Contractor shall comply with the riles and these specifications for disposal of ACM waste. A. Contractor shall clean-up hazardous waste materials, if applicable, as it is removed. B. ACM debris or Mold contaminated debris shall not be walked on or otherwise damaged further by allowing it to remain on the floor. C. Clean-up shall be conducted sufficiently to pass visual inspection by Consultant. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6.QUALITY ASSURANCE A. Experienced and knowledgeable workers. B. Regulatory compliance. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02038-1 i i_ CLEAN UP AND DISPOSAL SECTION 02038 2011 EDITION C. Experienced supervisor. p p 1.7.DELIVERY, STORAGE AND HANDLING A. Contractor shall provide securable containers for on -site waste storage and removal. B. Waste storage containers shall comply with EPA and DOT rules. L&PROJECT CONDITIONS A. Contractor shall take measures not to allow visible emissions. PART 2 — PRODUCTS 2.1.Contractor shall provide hazardous waste packaging which complies with DOT rules. 2.2.Provide tape for packaging and attaching waste generator labels to containers. 2.3.Provide waste generator labels which comply with OSHA and DOT regulations. PART 3 — EXECUTION 3.1.Cleanup A. Contractor shall remove visible accumulations of asbestos material and debris. Wet -clean all surfaces within work area. B. Contractor shall remove visible debris from hazardous materials removal. Wet - clean all surfaces within work area. C. Clean work area in systematic method. D. Time for settlement of dust between initial cleaning and fmal cleaning will be determined by Consultant. Typical settling times for various types of ACM are: 12-16 hours for friable materials, and 3-4 hours for non -friable materials. E. Sealed containers and all equipment in use in work area must be included in the cleanup and must be removed from work area via equipment decontamination unit, at an appropriate time in the cleaning sequence. F. Clean all surfaces in work area and any other contaminated areas with wet - cleaning methods using amended water, and/or using HEPA-filtered vacuums. After cleaning work area, allow for settlement of dust, and again wet -clean or clean with HEPA-filtered vacuums, all surfaces in work area. After completion t_. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02038-2 CLEAN UP AND DISPOSAL SECTION 02038 2011 EDITION of the second cleaning operation, perform a complete visual inspection of work area to ensure that work area is free of dust and/or visible asbestos debris. 3.2.Disposal A. Owner requires Contractor to immediately prepare waste for disposal following gross removal of identified ACM. Transport to the landfill submitted on the notification and return executed waste manifest to Consultant in project close out documents. 1. Contractor shall notify Consultant of intent to bag -out a minimum of four (4) hours prior to performing such activity. 2. Contractor's notice of intent to bag -out shall be communicated to Owner by Consultant. 3. Owner shall reserve the option of being present during bag -out procedure. If Owner or Owner's representative is not present bag -out activities shall wait till Owner or Owner's representative is present to proceed with bag - out. 4. Contractor shall prepare waste manifest. Manifest shall be reviewed by Owner or Owner's representative prior to signature and removal from site. B. Preparation and Security of Waste Holding Areas 1. Prepare enclosed transport vehicles and/or enclosed dumpsters with at least 2 layers of true 6 mil fire -retardant polyethylene sheeting. 2. Secure transport vehicles and dumpsters with padlocks. Dumpsters and waste transport vehicles must be locked at all times while engaged in asbestos disposal on Owner's property, except when waste materials are being loaded into these items. C. Storage and Disposal of Containers 1. Containers of ACM shall not be stored in uncontaminated areas, but must be moved directly from work area to an enclosed dumpster in enclosed carts. 2. ACM must be disposed of at the selected and approved disposal site in accordance with requirements of all applicable disposal authorities. D. Disposal documents and landfill receipts shall be submitted to Consultant prior to final pay application from Contractor being approved. E. Discharge of Waste Water 1. All waste water must be filtered through a medium that is capable of removing all suspended particles of a diameter greater than or equal to 5 microns. 2. All filtered waste water must be discharged into public sanitary sewer systems. Discharge of filtered water onto surface soil, asphalt, concrete, or any other porous surface shall not be permitted. City of Lubbock Citizens To x er Asbestos and Mold Abatement 02038-3 CLEAN UP AND DISPOSAL SECTION 02038 2011 EDITION F. Dispose of ACM waste and contaminated wastes at the approved licensed landfill - submitted on notification. G. All waste bags, drums, and containers must be labeled and placarded in accordance with OSHA and DOT regulations. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02038-4 INSPECTIONS AFTER REMOVAL SECTION 02039 2011 EDITION SECTION — 02039 INSPECTIONS AFTER REMOVAL PART 1 - GENERAL 1. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Visual inspection for final clearance. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. 1 ATERFORMANCE REQUIREMENTS A. Provide notice to Consultant a minimum of four hours prior to request for visual inspection following removal. B. Provide supervisor to assist Consultant in performing visual inspection. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6.QUALITY ASSURANCE A. Supervisor experienced and knowledgeable in asbestos abatement. 1.7.DELIVERY, STORAGE AND HANDLING A. Not applicable. 1.&PROJECT CONDITIONS A. Contractor shall ensure sufficient lighting to perform visual inspection. B. Ensure safety compliance with OSHA rules. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02039-1 INSPECTIONS AFTER REMOVAL SECTION 02039 yy 2011 EDITION t_ PART 2 - PRODUCTS 2.1. Lights A. Provide lights with sufficient lumens to provide adequate illumination. 2.2. Provide markers to identify areas to be re -cleaned. PART 3 — EXECUTION 3.1.Inspections After Removal A. If Consultant finds visible accumulations of asbestos debris in work area after the completion of final cleaning Contractor shall repeat wet -cleaning until work area is in compliance, at Contractor's expense. B. When an inspection by Consultant in the presence of Contractor determines that the area is free of accumulations of dust and visible asbestos debris Consultant shall conduct air clearance sampling. C. After the final air clearance standard has been met, decontamination unit shall be removed, the area thoroughly wet -cleaned, and materials from equipment room and shower room disposed of as contaminated waste. i D. A final inspection will be carried out by Consultant in the presence of Contractor to ensure that no dust or debris remains on surfaces as a result of dismantling operations. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02039-2 l t_ _. INSPECTIONS AND PROJECT MANAGEMENT SECTION 02043 2011 EDITION SECTION — 02043 INSPECTIONS AND PROJECT MANAGEMENT 1. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Progress inspections of work areas. B. Project management of work, schedule, workers and Sub -Contractors. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. 1 A.PERFORMANCE REQUIREMENTS A. Each work area shall be inspected by Consultant accompanied by Contractor: 1. Immediately after initial cleaning has been completed and prior to the application of fire -retardant polyethylene sheeting to exposed surfaces. 2. Immediately prior to the commencement of removal of ACM (after preparation of work area is complete). 3. After removal is complete but prior to the application of any encapsulant to the exposed substrates, and pre -encapsulation air testing. B. Inspections of the HEPA-filtered ventilation system may be performed by Consultant. 1. When Consultant suspects failure or leakage Contractor shall cease operation of the unit in question and check that filters are not excessively loaded with particulate debris, and are properly seated in units. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6.QUALITY ASSURANCE City of Lubbock Citizens Tourer Asbestos and Mold Abatement 02043-1 i 1 INSPECTIONS AND PROJECT MANAGEMENT SECTION 02043 2011 EDITION A. Regulatory compliance. B. Maintain inspection logs. 1.7.DELIVERY, STORAGE AND HANDLING A. Not applicable. I.&PROJECT CONDITIONS A. Contractor shall ensure sufficient lighting to perform visual inspection. B. Ensure safety compliance with OSHA rules. PART 2 - PRODUCTS 2.l.Not applicable. PART 3 - EXECUTION 3.I .Progress Inspections A. Contractor's supervisor shall assist Consultant in performing progress inspections of work areas at the following times. B. After pre -cleaning. C. After containment is established but prior to removal activity. D. During removal activity. E. Final visuals prior to clearance. 3.2.Final Visual Inspections A. A final visual inspection will be made after all ACM and contaminated waste along with any of Contractor's materials/equipment that would impede inspection have been removed from work area and all removal, encapsulation, disposal, and related work is completed. B. Work area must be well lighted for inspection by Consultant. Insufficient lighting may result in delay of the final visual inspection. C. The top layer of fire -retardant polyethylene sheeting must be removed from work area, maintaining critical barriers, and decontamination unit. HEPA-filtered City of Lubbock Citizens Tower Asbestos and Mold Abatement 02043-2 INSPECTIONS AND PROJECT MANAGEMENT SECTION 02043 2011 EDITIOI exhaust units must remain operational, and pressure differential maintained until final clearance by TEM or PCM is obtained. 3.3.Project Management A. Owner employs Consultant to conduct on -site Project Management for all phases of the asbestos abatement work. B. Consultant shall be responsible for: 1. Approval of all submittals by Contractor, including pay requests. 2. Conducting all inspections at the job site, as required. 3. Monitoring job site performance and progress. 4. Performing all personal, area, and final air testing throughout the course of each project. 5. Submitting final report to Owner that will include all documents, logs, charts, photographs, and test results pertaining to each project. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02043-3 AIR MONITORING AND FINAL CLEARANCE SECTION 02044 2011 EDITION SECTION - 02044 AIR MONITORING AND FINAL CLEARAIICE PART I - GENERAL �`- X Licen e MAC-1093 t4 Expires Jan 12, 2017 1. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Performance of baseline monitoring. B. Performance of area monitoring. C. Performance of personnel monitoring. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. 1 ATERFORMANCE REQUIREMENTS A. Consultant shall perform area and clearance monitoring for Owner. 1. Contractor retains responsibility for compliance with OSHA personal air monitoring requirements. a. Contractor may retain Consultant to provide OSHA personal air monitoring. b. Contractor may choose to employ a separate lab for personal air monitoring. 2. Contractor shall provide results for personal air monitoring to Consultant within twenty-four hours of receipt of results. B. Consultant shall perform air sampling and analysis using NIOSH method 7400A phase contrast microscopy (PCM). In some cases, PCM may be used for final air testing- C. Final air samples will be analyzed by a laboratory accredited by ARIA as proficient in conducting PCM air monitoring. 1. Alternately, Contractor shall have the option to request clearance by Transmission Electron Microscopy (TEM), using the AHERA Mandatory Transmission Electron. Microscopy Method in Appendix A of 40 CFR 763, subpart E. 2. Contractor shall bear the cost of clearance using the TEM method. City of Lubbock Citizens Tower Asbestos and .'Mold Abatement 02044-1 AIR MONITORING AND FINAL CLEARANCE SECTION 02044 2011 ED1T101 D. Contractor shall have achieved clearance when inside containment samples are at or below 0.01 fibers per cubic centimeter by PCM analysis. E. Alternately, clearance may be achieved when inside containment samples are at or below 70 structures per square millimeter by TEM analysis. 1.3. SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.4.QUALITY ASSURANCE A. Co-operate with Consultant in placing and protecting air monitoring equipment and cassettes. B. Provide OSHA monitoring results if not conducted by Consultant. 1.5.DELIVERY, STORAGE AND HANDLING A. Not applicable. 1.6.PROJECT CONDITIONS A. Maintain housekeeping to minimize interferences. B. Clean work areas as frequently as required to minimize debris. PART 2 - PRODUCTS 2.1.Not applicable PART 3 - EXECUTION 3. LGeneral A. Baseline Air Sampling 1. Baseline Air Sampling will be carried out by Consultant prior to initiation of work by Contractor in order to establish background levels of contamination. a. Consultant may analyze or archive the baseline samples. b. Background air samples, when analyzed, will be analyzed by PCM. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02044-2 AIR MONITORING AND FINAL CLEARANCE SECTION 02044 2011 EDITION C. TEM analysis of questionable samples will be made available at the expense of Contractor if requested. 2. If air monitoring, during work by Contractor, shows airborne fiber concentrations outside containment system in excess of 0.01 flcc, work shall cease until the source of the contamination is found and remedied to Consultant's satisfaction. Any areas that have been contaminated as a result of Contractor's work shall be cleaned by Contractor. 3.2.Personal Air Sampling A. The personal air monitoring will consist of B. Eight hour Time Weighted Average (TWA) for samples collected on 25% of the work force for each work type during each eight hour shift for the duration of the project. 1. Contractor shall supply sufficient number of personal pumps, fully charged daily, and in good working condition to satisfy OSHA requirements. C. Excursion Limit or Short Term Exposure Limit (STEL) sampling shall be performed during all phases of the asbestos abatement project to establish the STEL for each job function. D. Continuous personal monitoring to be conducted during preparation, removal, and final cleanup, unless Type C pressure demand respiratory protection is used. 3.3.Conditions for Final Air Sampling A. Final air sampling shall take place when removal is complete, the fire -retardant polyethylene sheeting not necessary to the integrity of containment removed, and a visual inspection of work area shows that work area is clean and p dry. B. Final air sampling will consist of filtered air samples of sufficient volume to yield a detection limit of equal to or less than 0.01 fibers/cc. C. Sampling will utilize aggressive techniques (e.g. a 1 HP leaf blower and electric fans) to re -suspend any dust or material that has settled in work area. D. Contractor should expect a delay of at least 24 hours from the time the samples reach the laboratory to the time the results are known for all PCM analyses. Consultant will make every reasonable effort to obtain these results in a time period suitable to Contractor's work schedule. E. Contractor should expect at least a 48 hour delay from the time the samples reach the laboratory to the time the results are known for samples analyzed by TEM. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02044-3 AIR MONITORING AND FINAL CLEARANCE SECTION 02044 2011 EDITIOi Consultant will make every reasonable effort to obtain these results in a time period suitable to Contractor's work schedule. 3.4.Air Clearance Criteria for Asbestos A. Consultant and Contractor agree the samples taken for all PCM clearance or pre - encapsulation samples must meet a standard that allows Consultant 95% certainty that the results do in fact meet the 0.01 fibers/cc final air standard. B. For samples analyzed by the Transmission Electron Microscope Method, the arithmetic mean of the measured airborne asbestos concentration for the five inside samples must be less than or equal to 70 structures/mm2, or the average airborne asbestos concentration measured inside work area is not statistically higher than the average airborne asbestos concentration measured outside work area as determined by the statistical Z-test. 3.5.Final Air Testing: Interior A. After work area has been inspected by Consultant final air testing will be conducted and analyzed by PCM for public building. 1. Contractor may request Transmission .Electron Microscopy (TEM) analysis in lieu of PCM clearance for public building work. Contractor shall be charged for TEM analysis. 3.6.Air Clearance Criteria for Mold A. Visual Clearance: The remediation contractor shall contact ESA upon completion of remediation activities. Consultant shall perform a visual clearance initially. If consultant agrees the contractors assertion that the containment is clean then consultant will proceed with analytical clearance. If visual clearance is not approved by consultant contractor shall re -clean entire work area and contact the consultant for second visual clearance. B. Analytical Clearance: Clearance shall be deemed achieved when the following conditions are met: • Individual counts for interior samples do not exceed seventy-five percent of the counts for exterior samples, and • Arithmetic mean for interior individual samples do not exceed seventy- five percent of the arithmetic mean for the same spore on exterior samples, and • Arithmetic mean for total spores for interior samples do not exceed seventy-five percent of the arithmetic mean for total spore counts for exterior samples. 3.7.Final Air Testing: Exterior City of Lubbock Citizens Tower Asbestos and Mold Abatement 02044-4 t ; t �_ 1 I AIR MONITORING AND FINAL CLEARANCE SECTION 02044 2011 EDITION d !. A. Final air testing will not be required for exterior, open work areas. Instead, a �h thorough and meticulous inspection will be performed by Consultant to determine Contractor compliance. 3.8.Failure of Final Air Tests A. When the results of the final air test show values of airborne asbestos in excess of the final air standard, Contractor must re -clean work area. B. The final air testing procedure shall then be repeated at Contractor's expense. 3.9.Availability of Consultant A. Consultant will be on -site at all times work is progressing. B. Contractor must notify Consultant of the work schedule both at the start of the job and on a daily basis of the readiness to conduct visual inspection and air clearance testing. C. Departures from this schedule may result in charges for waiting or unnecessary site visits and shall be charged to Contractor. D. Calls that require Consultant to work overtime are subject to the approval of Owner. 3.10. Completion Criteria A. After final inspections and final air testing are complete and the results known, Consultant will advise Contractor of the test results. B. When a work area fails either the inspection or the final air testing, the area must be re -cleaned, re -inspected and re -tested. The sequence of re -cleaning and re- testing shall continue until the area passes the inspection and the final air test. C. When work area has passed final air test, Contractor will be informed immediately. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02044-5 ALTERNATE PROCEDURES AND VIOLATIONS OF SPECIFICATIONS SECTION 02045 2011 EDITION 02045 ALTERNATE PROCEDURES AND VIOLATIONS OF SPECIFICATIONS PART 1 - GENERAL 1. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Alternate procedures require approval prior to use. B. Contractor shall comply with the specifications and rules. C. Owner retains the right to enforce applicable rules through Consultant or directly. 1.3.DEFINITIONS A. Defmitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. 1.4.PERFORMANCE REQUIREMENTS A. Submit request for alternate method to Consultant. B. Communicate potential violations of specifications or rules to Consultant. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6.QUALITY ASSURANCE A. Regulatory requirement compliance. B. Record keeping. C. Notification to Consultant. 1.7.DELIVERY, STORAGE AND HANDLING City of Lubbock Citizens Tower Asbestos and Mold Abatement 02045-1 ALTERNATE PROCEDURES AND VIOLATIONS OF SPECIFICATIONS SECTION 02045 A. Not applicable. 1.8.PROJECT CONDITIONS A. Not applicable. PART 2 - PRODUCTS 2.1.Not applicable PART 3 — EXECUTION 3.1.Alternate Procedures A. Procedures described in this specification must be utilized at all times. B. When specific procedures cannot be utilized, a request must be made in writing to Consultant providing details of the problem encountered and recommended alternatives. C. Alternative procedures must provide equivalent or greater protection than procedures that they replace. D. Any alternative procedure must be approved in writing by Consultant prior to implementation. 3.2.Violations of Specifications A. Owner will enforce these specifications through Consultant. B. Upon Consultant's recommendation, Owner shall issue cease work orders upon discovery of any violation of these specifications. C. Minor infractions of the specifications may result in cessation of work until the infraction is corrected. D. Major violations of this specification may result in the dismissal of the contractor from all asbestos abatement work, and application of liquidated damages as stated and agreed to by Contractor in contract documents. END OF SECTION City of Lubbock Citizens Tower Asbestos and Mold Abatement 02045-2 EMERGENCY PLANNING SECTION 02046 2011 EDITION SECTION — 02046 EMERGENCY PLANNING PART I - GENERAL I. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Provide an emergency plan for project. B. Identify emergency services locations and provide emergency contact information. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. 1 A.PERFORMANCE REQUIREMENTS A. Emergency plan to be approved by Consultant prior to work commencing. B. Conduct safety training on site sufficient to inform all workers of safety issues. C. Report all accidents, incidents and near -misses to Consultant within one hour of occurrence. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6.QUALITY ASSURANCE A. Follow emergency plan throughout project. 1.7.DELIVERY, STORAGE AND HANDLING A. Not applicable. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02046-1 EMERGENCY PLANNING SECTION 02046 2011 EDtTIOA 1.8.PROJECT CONDITIONS A. Contractor shall ensure safety issues are addressed immediately. B. Contractor shall inspect for and report daily safety concerns or conditions which may pose a threat. C. Ensure safety compliance with OSHA rules. PART 2 - PRODUCTS 2.1.Emergency Plan PART 3 — EXECUTION 3.l .Emergency Planning A. Emergency plan must be developed by Contractor and approved by Consultant. B. Emergency procedures must be in written form. 1. Emergency plan shall be maintained in construction offices. 2. Prominently posted in clean room and equipment room of worker decontamination unit. 3. Prior to entering work area everyone must read and sign emergency procedures to acknowledge receipt and understanding of work site layout, location of emergency exits, and emergency procedures. C. Emergency planning must include: 1. Notification of police, fire and emergency medical personnel of planned abatement activities, work schedule, and layout of work area. 2. Employee safety meetings must be conducted by Contractor prior to the commencement of each work shift. The meeting shall be attended by all Contractor employees on site, and Consultant. All aspects of emergency planning shall be covered in the meeting. 3. Access to fire extinguishers both inside and outside the work area. D. Emergency planning must include: 1. Considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, falls and trips, confined spaces and heat related injury. 2. A copy of the emergency procedures and evidence of employee training in these procedures shall be provided to Owner. E. Evacuation and Emergency Decontamination Procedures City of Lubbock Citizens Tower Asbestos and Mold Abatement 02046-2 EMERGENCY PLANNING SECTION 02046 2011 EDITION 1. Employees must be trained in evacuation procedures in the event of workplace emergency. 2. For non -life threatening situations, injured employees shall decontaminate following normal procedures, with assistance from fellow workers if necessary, before exiting the workplace to obtain proper treatment. 3. For life -threatening injury or illness, worker decontamination shall take least priority after measures to stabilize the injured worker, remove him from the workplace and secure proper medical treatment. F. Telephone numbers of all emergency response personnel must be prominently posted in clean room and equipment room, along with a map of, and clearly marked route to, the location of the nearest hospital emergency room. END OF SECTION City ofLubbock Citizens Tower Asbestos and Mold Abatement 02046-3 FIRE SAFETY AND SAFE EGRESS SECTION 02047 SECTION — 02047 FIRE SAFETY AND SAFE EGRESS PART 1 - GENERAL 1. LRELATED DOCUMENTS A. Drawings and general provisions of the Contract and Specification Sections, apply to this Section. 1.2.SUMMARY A. Provide fire protection program. B. Maintain egress locations. 1.3.DEFINITIONS A. Definitions shall be those incorporated in these specifications at SECTION 02015 and in the rules promulgated by federal or state rules. I ATERFORMANCE REQUIREMENTS A. Provide written fire protection plan and egress plan for the project. B. Post fire protection plan and egress plan in all work areas. C. Train all workers on fire protection plan and egress plan. 1.5.SUBMITTALS A. Contractor shall provide all submittals as required in SECTION 01300. 1. Contractor submittals shall be received and reviewed prior to authorization to proceed is given. 2. Deficiencies in submittals shall be corrected prior to proceeding with any work. 1.6.QUALITY ASSURANCE A. Contractor shall maintain fire protection and egress plan throughout the project. B. Changes to the fire protection and egress plan shall be communicated immediately to all workers and Consultant. 1.7.DELIVERY, STORAGE AND HANDLING A. Not applicable. City of Lubbock Citizens Tower ,Asbestos and Mold Abatement 02047-1 FIRE SAFETY AND SAFE EGRESS SECTION 02047 2011 EDITION 1.8.PROJECT CONDITIONS A. Contractor shall ensure posting of fire protection and egress plan. B. Contractor shall post changes to the fire protection and egress plan not later than the beginning of the next shift. PART 2 - PRODUCTS 2.l .Written plan. 2.2.Fire extinguishers. A. Properly rated and sufficient quantity to cover area. PART 3 — EXECUTION 3.1.Fire Extinguishers A. In accordance with 29 CFR 1926.150, Contractor shall supply fire extinguishers for use inside and outside the work area. Contractor shall ensure that all employees have been instructed in the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting. B. Contractor shall provide a fire extinguisher, rated not less than 2A, for each 1,000 square feet of demolition/abatement work area. C. Travel distance from any point of the protected area to the nearest extinguisher shall not exceed 100 linear feet. This distance shall decrease in areas of limited mobility. 3.2.Fire Alarm Devices A. An "Alarm" or "Alert" System consisting of an active telephone system and warning system (e.g. siren, air horn, etc.) shall be established by Contractor to alert workers and fire department in case of fire emergency. 3.3.Fire Alarm Facilities A. In each work area, provide fire alarm/alert system to notify workers and other building occupants so they may escape. B. These fire alarm/alert systems shall be provided where necessary to warn workers and building occupants of the existence of fire, as a fire itself may not provide adequate warning. City of Lubbock Citizens Tower Asbestos and :Mold Abatement 02047-2 s r FIRE SAFETY AND SAFE EGRESS SECTION 02047 2011 EDITION 3.4.Sprinkler Systems A. During renovation, abatement, or alterations, the existing fire sprinkler system shall be maintained in service at all times, if possible. 3.5.Protection of Workers and Building Occupants A. No existing building shall be occupied during demolition/abatement unless all existing exits and any existing fire protection are continuously maintained, or in lieu thereof, other measures are taken to provide equivalent safety. B. No flammable or explosive substances or equipment for demolition/abatement shall be introduced in a building of normally low or ordinary hazard classification while building is occupied, unless the condition of use and safeguards do not create any additional danger or handicap to egress beyond the normally permissible conditions in the building or work area. C. Each exit, way of approach, and way of travel from an exit to the street or open a space shall be continuously maintained free of all obstruction or impediments to instant use in the case of fire or other emergency. 3.6.Means of Egress A. If a door is present at the exit to the decontamination unit, from a work area to an exit, or to a way of exit access, it shall be of the side -hinged, swinging type. It shall swing in the direction of exit travel. B. The minimum width of any way of exit access shall in no case be less than 28 inches. 1. Where a single way of exit access leads to an exit, its capacity in terms of width shall be at least equal to the required capacity of the exit to which it leads. 2. Where more than one way of exit access leads to an exit, each shall have a width adequate for the number of persons it must accommodate. 3.7.Safe Emergency Egress A. This part contains general fundamental requirements essential to providing a safe means of egress from fire and similar emergencies. Nothing in this part shall be construed to prohibit a better type of containment construction, more exits, or otherwise safer conditions than the minimum requirements specified in this part. 3.8.Emergency Exits A. For each work area, Contractor shall provide an alternate emergency exit. City of Lubbock Citizens Tower Asbestos and Mold Abatement 02047-3 FIRE SAFETY AND SAFE EGRESS SECTION 02047 2011 EDITION B. The alternate emergency exit shall consist of a door that leads to a way of exit access. The door shall be covered and sealed with fire -retardant polyethylene sheeting. C. Fire -retardant polyethylene sheeting covering the emergency exit shall be clearly outlined and attached in a manner that allows "tear away" in case of emergency and marked as an emergency exit. l . A utility knife shall be permanently attached to the fire -retardant polyethylene sheeting to provide access to the emergency exit. D. Contractor shall install arrows throughout the work area at 2 feet and S feet above the floor indicating the direction to the nearest exit. 3.9.Emergency Lighting A. In case of electrical failure during fire, Contractor shall provide battery -operated lights or lamps in the work area. B. There shall be at least one battery -operated light or lamp for every five workers present in the work area. END OF SECTION City of Lubbock Citizens Tower Asbestos and :Mold Abatement 02047-4 ASBESTOS AND MOLD ABATEMENT U J U KEY CODES AND HATCH PATTERS W a� DESCRIPTIONS OF ASBESTOS CONTAINING MATERIALS ACM'S TO BE ABATED ARE PROVIDED BELOW. THE HATCH ASSOCIATED uN� N WITH EACH KEY CODE NUMBER 1 THROUGH 5 REPRESENTS THE FIVE GENERAL AREAS OF ACM'S ASSOCIATED WITH �? RESPECTIVE TITLE DESCRIPTION. CONTRACTOR SHALL REFER TO EACH SUB GROUP DESCRIPTION TO IDENTIFY WHICH w 5 MATERIALS ARE PRESENT IN OR ON EACH FLOOR. CONTRACTOR SHALL REMAIN RESPONSIBLE TO DETERMINE QUANTITIES OF EACH AGM REQUIRED TO BE ABATED Qwwnrna 1. ASBESTOS CONTAINING MATERIALS IDENTIFIED ON OR IN CEILINGS THROUGHOUT Zwwoobb6 w = H M a. 24"x48" FISSURED AND PERFORATED, LARGE Y m m b. 12"x12" PERFORATED WITH MASTIC, BLACK OR DARK BROWN a p 00 coo c. 12"x12" FISSURED AND PERFORATED, SMALL coO _ Z d. 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