HomeMy WebLinkAboutResolution - 4783 - Contract - West Texas Abatement - ACM Abtement, LMC - 03/23/1995,,_., .... .. _ ...Resolution No. 4783
March 23, 1995
Item #16
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and West Texas Abatement of Lubbock, to furnish and install all
materials as bid for the ACM Abatement at Lubbock Municipal Coliseum, for the City of
Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of
ATTEST. -
March 1995.
Betty A Johnson, City Secretary
APPROVED AS TO CONTENT:
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Victor Ki an, Purchasing Manager
APPROVED AS TO
LZ
Assistant City Attorney
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March 15, 1995
CITY OF LUBBOCK
SPECIFICATIONS FOR
ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
BID #13184
CITY OF LT -TB --BOCK
Lubbock, Texas
MAILED TO VENDOR
CLOSE DATE:
Office of
Purchasing
February 23, 1995
March 1, 1995 at 2:00 P.M.
Bid #13184- ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
CHANGE: CHANGE IN WORK SCHEDULE
Change Specifications as Follows:
SECTION 01010 - SUMMARY OF WORK
Delete: Paragraph 3. WORK SCHEDULE.
Add: the following paragraph.
3. WORK SCHEDULE:
3.1 Project Start Date: Work on this project will proceed as stated in the
contractors "Notice To Proceed" issued by the City of Lubbock.
3. 1.1 Anticipated start date is June 5, 1995.
3.2 Time Allowed For Completion: 21 consecutive calendar days.
YOU,
Ron Sh eld
Senior Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
Me -
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
B06-767-2167
MAILED TO VENDOR
CLOSE DATE:
Office of
Purchasing
February 23, 1995
March 1, 1995 at 2:00 P.M.
Bid #13184- ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
CHANGE: CHANGE IN WORK SCHEDULE
Change Specifications as Follows:
SECTION 01010 - SUMMARY OF WORK
Delete: Paragraph 3. WORK SCHEDULE.
Add: the following paragraph.
3. WORK SCHEDULE:
3.1 Project Start Date: Work on this project will proceed as stated in the
contractors "Notice To Proceed" issued by the City of Lubbock.
3. 1.1 Anticipated start date is June 5, 1995.
3.2 Time Allowed For Completion: 21 consecutive calendar days.
YOU,
Ron Sh eld
Senior Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13154
PROJECT NUMBER: 9935.9211
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
11.
12.
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
NOTICE TO BIDDERS
NOTICE TO BIDDERS
BID #13184
Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until _2:00 o'clock a.m. on the 1st day
of March. 1995, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform
all work for the construction of the following described project:
ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and
publicly read aloud.
i' It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of
Lubbock, prior to the expiration of the date above first written.
�. The City of Lubbock will consider the bids on the 23rd day of March. 1995 at the Municipal Building, 1625 13th Street,
t Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any
t formalities. The successful bidder will be required to furnish -a performance bond and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Best &Iin of B su
_ or rior as the rating of the
bond company is a factor that will be considered in determination of the lowest _responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond_ is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a 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 bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager
for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a pre-bid conference on 21st day of February. 1995, at 10.00 o'clock am., in the purchasing Conference
Room L04, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting.
C OF L BOCK
RON SHUFFIEL
SENIOR BUYER
7
ADVERTISEMENT FOR BIDS
BID # 13184
Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at
the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock pm. on the
1st day of March, 1995, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and
perform all work for the construction of the following described project:
ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
publicly read aloud.
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further
directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage
scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a prebid conference on the 21st day of February, 1995, at 10.00 a.m.., in the Purchasing Conference Room
L04, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting.
C OF LUBB CK
RON SHUFFM
SENIOR BUYER
D
1
r
'GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
P" 1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4• TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 15 (Tifteen) consecutive calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder:
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. 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.
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best: quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
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8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor. shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. 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
i
and expense. The Contractor's responsibilityfor 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.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
l site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be requited 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.
16. INSURANCE
The Contractor shall not -commence work under this contract until he has obtained all insurance as required in the General
r► Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
ti to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the.
insurer waiving the right to subrogation.
r The insurance certificates furnished shall name the City as an additional insured and shall. further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this,
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.-
The
ocuments.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in
and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the 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.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the
outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal
may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
BID PROPOSAL
BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE:
DATE: h ll i r 1 • lc1q
PROJECT NUMBER: 13184 - ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
Proposal of
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
(hereinafter called Bidder)
The Bidder, in compliance with your invitation for bids for the construction of ad/
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
MATERIALS: (s_ J /. -7 L14 )
Cie
SERVICES: 'e M
ao
TOTAL BID: ($ 4t -i
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(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 15 (Fifteen) consecutive calendar days thereafter as stipulated in the
-s�ecications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
5500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
FThe Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
I
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
Enclosed with this proposal is a Cashier's Check r Certified Check for
Dollars ($ Rm�_) or a Proposal Bo rn sum of �i�. Dollars
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 and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be
returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
Contractor
BY: 'C -n CW
R
(Seal if Bidder is a Corporation)
ATTES
NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY
OMAHA, NEBRASKA
PRINCIPAL WEST TEXAS ABATEMENTCOMPANY EFFECTIVE DATE MARCH 23, 1995 03
n
P. 0. BOX 2895 LUBBOCK TEXAS 79408 4=1
(STREETADDRESS) (CITY) (STATE) (ZIP CODE) h
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CONTRACT AMOUNT 31, 744.00 AMOUNT OF BOND s--3-1,,744 , .0p0 .�
POWER NO. CB 012418 0o
KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the
laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by
the Board of Directors of the said Company on the 8th day of July, 1987, to wit:
"Resolved, that any officer of the Company shall have authority to make, execute and deliver a flower of Attorney constituting as
Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time.
Be It Further Resolved, that the signature of any officer F nd the Seal of the Company may be affixed to any such Power of Attorney or
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or undertakingto which it is attached." National American
Insurance Company does hereby make, constitute and appoint HOWARD COWAN, KEIN J. DUNN, MARLA HILL
State of TEXAS
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
the duly authorized officer of the Natianal American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
NATIONAL AMERICAN INSURANCE COMPANY
oo*roR4
4�4Qr�'yc�
= SFAT, s W. Brent LaGere, Chairman & Chief Executive Officer
o �a
R'faREbr`P
STATE OF OKLAHOMA) SS:
COUNTY OF LINCOLN )
On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose
and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor-
poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
corporation and that he signed his name, thereto by like order.
i.. 4/�
PUBLIC Notary Public
My Commission Expires August 31, 1995
41 (AND
''POOIN COV
" STATE OF OKLAHOMA) SS:
COUNTY OF LINCOLN )
1, the undersigned, Assistant Secretaryof e -Rational American Insurance Company, a Nebraska Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POt'4tR (3F ATTOk'iVEY remains in full force.
Signed and Sealed at the City of Chimillee., — Dated the 4TH day of APRIL , 19 9.5
__ --
4? OO1006tg1R'fL�
Winifred E. Mendenhall, Assistant Secretary
S
�.. MI
i ray l s2
° OMEN'
NE,ItEBKE
LIST OF SUBCONTRACTORS
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
Minority Owned
Yes No
BOND CHECK
BEST RATING A
LICENSED IN TVAS
BOND NO. CB 012418
1 ° STATUTORY PAYMENT BOND. PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL. STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
L . 1959
KNOW ALL MEN BY THESE PRESENTS, that WEST TEXAS ABATEMENT COMP ANi hereinafter called the Principal(s), as
IF Principal(s), and
NATIONAL AMERICAN INSURANCE COMPANY
i'
(hereinafter ca1ledIRe Su0 tv(s , r s) bound unto the City of Lubbock (hereinafter called the Obligee) in
the amount of TY NE --------- ($ 31,
FO>�TY FOUR TLL Q 10 �lars 744.00) 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,
11jointlyand severally, firmly by these presents.
' -
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 23111Bay of
i MARCH , 19 95, to
BID #13184 — ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
and said Principal under the law is required before
p, q ecommencing the work provided for an said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, ,that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein:
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 4TH day of
APRIL 19 95 .
NATIONAL AMERICAN INSURANCE COMPANY
�I Surety
*By.
(Title) VIN J. DUNN
ATTORNEY—IN—FACT
WEST TEXAS ABATEMENT COMPANY
Principal
By: dwt
(Title)
By:
(Title)
By:
(T-itle)
r
r
fThe undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service
of proces •may be had in matters arising out of such suretyship.
P
NATIONAL AMERICAN INSURANCE COMPAN
r Surety
P * By1&�" zL
(Title) KIN J. DUNN
Approved as to form: TTORNEY—IN—FACT
City of L bock
f
By:79�JAA1;�n
7-
L -City Attorney —
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
1;
r
r
POO`
r
" IMPORTANT NOTICE
E To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information
l on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512)475-1771
G.
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you
r should contact the agent or the company first. If the dispute is not
resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
` This notice is for information only and does not become a part or
rr condition of the attached document.
l
r-
PERFORMANCE BOND
BOND CHECK
BEST RATING _
LICENSED IN TEXAS
DATEIJI BY
7BOND NO. CB 012418
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
P ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
WEKNOW ALL MEN BY THESE PRESENTS that ST TEXAS ABATEMENT COMPANY
NATIONAL AMERICAN IIQSDR CE- COMPANNYer called the Principal(s), as Principal(s), and
R (hereinafter
�nli umKv1Y Fnrrg TnHrm UuSSn (s he �y bound unto the City of Lubbock (hereinafter called the Obligee), in
oLthe amount of ars
($ 31.744.00) 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,
G
jointly and severally, firmly by these presents.
7 WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 23R$ay of
MARCH 19-95to
r BID 4113184 - ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM
1
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 4THday of
APRIL ,19 95.
" NATIONAL AMERICAN INSURANCE COMPANY
Surety
By: `
(Title) KEVIN DUNN
ATTORNEY—IN—FACT
Principal,
By.
--------- (Title)
By:
(Title)
By:
(Title)
COMPANY
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service
of proses •maybe had in matters arising out of such suretyship.
o.
Approved as to form:
LubbockCity of
t �� �.�i�l:'
NATT `TAL AMERICAN INSURANCE COMPAI
Surety
* By:
4itle) J . DUNNNEY—IN—FACT
.. r
City Attorney
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws sho-, iJng`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.
CERTIFICATE OF INSURANCE
ICN•1� LI f 7J 1YJ• 1M DCIV 1 1 mcc 11V.7• 'y 1TOYJOT t 7 t04-)7
f -
IVI.1. 10.E towe
rw=AQ� t bmmr ... �.. :;
f `� Imo. EtCJ.ltrjr N' ' I ft r ' Z ' rtt1tE4,is)it:F?sN; T
EIMMo v
01—
iu�li*ki
:w-o,>m1..r.+...,...,,.t►.w�.t,,... r,' .,+..w., �! ... 1,. ..itN't... .'- xtw..,i�:.....-:.!t
PRODUCER
�R1•�t~�.'�
]ik '- 04-07-95'
`
IS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
BENTWOOD SURPLUS LINES AGENCY
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
I
15851 DALLAS PKY #865
ALTER THR. E COVERAGE AFFOCATE RDED BYES THE POLICIES BE OW
DALLY, TX 75248
.. •_ COMPANIE9 AFFOADINQ COVERAGE
a
(COMPANY
HENRV TNSe _L Q.ii.i.�9,Z-3171
`_..a CREDIT CENEItA1,...TNSURANCE COMPANY
INSUREDALA>u
_.._.-.
WEST TEXAS ABATEMENT, INC.
COWANY
2010 AVENUE COoM
_w..... _.-.__ ...... - _.._. -.
LUBBOCK, TEXAS 79408
C�
tCOMPANY
a
�. r., r
• a : '. r . .. I.. bvA'L rJ7#tf�a(i'_.uWY ;w ,�...:.� 0101
THIS IS TO CERTIFY THAT THE POLICIES OF iyA ityi !s tt t b Yt. !{eAr' lil ^p! i w + ,
INSURANCE LISTED BELOW HA
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUtREMENT, TERM OR SONOITION F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
CERTIFICATE
THIS
MAY @! ISSUED OR MAY PERTAIN. THE INSURANCE AFFORD D 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,
cc
LTR TYPE OF INSURANCE POLICY NUMBER
FOLK Y EFPECTIVE POLICY EXPIRATION
I DTE (MMIDWYY) DATE (MSW WYY) LENITB
GENERAL LIABILITY
A
X COMMERCIAL GENERAL LIABILITY
GENERALAGGAEGATE
i 1,000.00
I MQOtiCTB • COMPtOP AGO
PIR30MLa
�: E CLAIMS MADE �Oc"
AAB100-590-00
0 j-23-94
09-23-95
i OOQ �OOO
OWNER'S R CONTRACTOR's PROF
ADV PUUFIY
i 1, 000,000
I
A Lc —H CCCURRENCG
i i 1* COO., OOU.
—
!
.
t 50QO
FIRE DAMAGE (Myons IIn)
MED EXP ons tlwn _
AUTOMOBILE LIABILITYi
i
_ 1.000
ANY AUTO
COMBINED SINOLE Lwin
i
ALL OWNED AUTOS
'
�
--__._.......
i IN.ItMY
C-DILY
_.._._
SCHEDULED AUTOS
' (Per Person)
i
HIRED AUTOS
-
I {-
NON•OWNEDAUT03
;
BODILY NRXRY
(permw"
t t
i
PROPEMYY DAMAOE
i
GARAGE LIlABRITY
i
ANY AUTO
!
AUTO ONLY • EA ACCIDENT
-
_--*+..:.
:
OTHER THAN AUTO ONLY;7777-
" r
EAC" ACCIDENT
AGGREGATE It
EXCESS
LIABILITY
i
EAC" OURRENCE--..R CC
i
];Z,RLLLAFORM
THAN
i
IAtORKERO COMPENtIATION AND
�
TA O�H•
EM/LOYERS'LMBtUTY
'
THE PROPMETORt
INCL
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----
PARTNERSEXECUTIVE
EL DIiEwEPOLIOY LIMIT
OFFICEAS ARE' EXCI
OTHER
1
EL OtBE48E • EA EMPLOYEE : i
=
I
A
OWNERS/CONTRACTORS
PROTECTIVE
OCP800-157-00
�6-04-95
09-04-95
$1,000,000
DESCRIPTION OF OPERATIONEtLOCAT1pNBNENICLEi�E/ECu1L REMti
j
I
.. ...N AN=, . i .1. ,i�' .de;•1�..f=�.+.?f3R+.�!?H
I
CITY OF LUBBOCK
1"0= ANY OF THE ABOVE DESCRIBED POLICIES BB CANCELLED BEFORE TH!
BOX 2000
EXPIRATION DATE ThEREOP, THE aoUiNO COMPANY WILL ENDEAVOR To MAIL
LUBBOCK, TX 79457
DAYS wRmsN NOTICE TO THE CtIITIPICATE HOLDER NAMED TC "a La",
ATTN: MR. R014 SCHUFFIELD
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KINQf UPON THE CORMNy. OR RjpApENTAT&rS.
AUTHORIZED REP SENTATIVE
y
try
} ii�ra
1
-- _ =_C_9 -B=T -I F -I -C A-T_g-- 0-[--_I-1 3=9-1 A N C I _ I ] DATE (KK/DD/TT) 03/08{95= --_-_
PIODUCBiC' ' THIS CERTIFICATE 1S ISSUED AS A KATTER OF INFORMATION ----------J
ONLY ONLY ARD 1
ICONFERS .No RIGHTS UPON THE CERTIFICATE BOLDER. THIS CERTIFICATE
r"1 ALAI HENRY
Y2INSURANCE DOES NOT A86ND, EXTEND 01 ALTER TBE COVERAGE AFFORDED BY THE
I__POLICIES BELOW.
I---------------------------------------------------------------I
LUBBOCK, j79108-1399 COMPANIES AFFORDING COVERAGE
(806) 792-3711 I COMPANY -- i
( LETTER A PROGRESSIVE INSURARCE COMPANY
--------------------------------------- I ---------
, I ------------------------------------------------------
INSURED -
-----------------
COHPANY
I
I WEST TEXAS ABATIKENT CO.
I
�LETTER B TWCIF
---------------------------------------------------------------
2895
I P.O."-COMPANY
LUBBOCK,
I OCK, TI 791084895
I LITTER C
I---------------------------------------------------
1
I COHPARI
LETTER 0
I
COVERAGES
I-====__============================___==_====_______=====nae=========__=__=_______=_____=___=____=____=_========_======______====-1
THIS IS TO CERTIFY THAT THE POLICIES OF IISURAICE LISTED BELOW RAYS BIRK ISSUED TO 181 INSURED RAKED ABOVE FOR THE POLICY PE110D
I INDICATED NOTWITHSTANDING ART REQUIREKBNT TERM 01 CONDITION OF ARI CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
�I CERTIFICATE KAY BE ISSUED 01 KAY PERTAIN hi INSURANCE AFFORDED BY TBE POLICES DBSCRI810 BERLIN
-EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L1KI1S SHOWS KAY RAVE BRIX REDUCED BY PAID CLAIMS.
---------------------------------- -----------------------------------------------------------------------------------------------
1
18 SUBJECT TO ALL 788 TERMS, 1
L
I LYH I TYPE OF INSURANCE I
I , POLICY IUKBIR
' POLICY SFFSCTIVE ' POLIC
! DATR(KK/DDJYY) ; DATI(KM/DDITT)
EXPIRATION
-------
'
; LIMITS
---------------------------------------------------------------------------i------------------
1
I '
It
9191AL LIABILITY '
I
---------------------------------
' GENERAL AGO '
I
II
] CORN GIN LIAR
CLKS ND [ j OCC
( I
I I
I PROD-COMPOP AGOI
I PERS
I
I 14 11oj
's A CONT PROT
i
I
6 ADINJAli
BACK OCCURRENCE
HID
-----------------------------------------------------------------------i---------------------------------------------------I
IXPGjI Pe[s�I
I 1AUTONOBILI
LIABILITY
' COMBINED SINGLE
ANY AUTO
I j
LIMIT �; 1,000,004
A
I A I
X
I
ALL OWNED AUTOS
SCHEDULED AUTOS 00962115-3
HIRED AUTOS I
01106(95 01106!96
BODILY INJURY
jeer person]
�;
I
BODILY INJURY
A
X
ROH-ONKED AUTOS
i
I ffPer accident I I
I-------------------------------------------------------------------------
fy-- DANA�B
GARAGE
---------------
LIABILITY
ANY AUTO
-------�
I 1
I-------------------------------
' AUTO ONLY -BA ACC'; 1
I If
I
( I
I OTHER THAN
AUTONSACBCRGTR
J
J I
AIAI
I
X BSS LIABILITY I
EACH OCCURRENCE I I
I
I
YBLHIUM
I
AGGHEGA7EOA6TABRELLA I I
-----------------------------------------------------------
HIWORKER'S CgKPENSATIOI I
HOLOIIRSLIABILITII TSF126835-00
ii--------- --------- i--------------------,--
08/20/91 08/20/95
------------------------- 1
STATUTOII LIN'
h I ACCIDENT 1,000,000PPP
--------------------
J
OPS ARE:
IRCLI
DISEASE-POL LIN
1000,000SX
,-
------ ---------
- SKF
1,000,000 11
------------------------------------------------------------------i0TH8R
i I
I i I
I---- ------------------------------------------------------------------------------------------------------------------------------
I DESCRIPTION OF OP9IATIONSILOCATIORS(VERICLBSISPSCIAL ITBKS
I
I STEAM TURBINE 12 LUBBOCK POWER AND LIGHT - OLLY AVENUE
PLAIT
MARCH 10 TO KARCA 15, 1995
I -THY- CITY -IS NAKED AS AN ADDITIONAL INSURED ON THIS
---------------------- --
POLICY FOR THIS SPECIFIC
I CERTIFICATE HOLDER
---------------------------------------------------------------------------------------------------------------------
----------- --
; CANCELLATION
I
i
I
-----------1
I SHOULD ANY OF 189 ABOVE DESCRIBED POLICIES BB CANCELLED BEFORE THE
I CITY OF LUBBOCK
I
I EXPIRATION DATE THEREOF 191 ISSUING COKPARY WILL ENDEAVOR TO 1
i NAIL 10_ DAYS WRITTEN NOTICE TO TER CERTIFICATE HOLDER RAKED TO THE
X
P.O. BO1000
I ATTR: OX 2000PFIBLD
_
I LEFT BDT FAILURE TO NAIL SUCH NOTICE SHALL IMPOSE 10 OBLIGATION OR
LIABILITY OF ANY RIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1
LUBBOCK, TI 79157
-----------------------------------=---------------------------
I AUTHORIIBD EPR93ENTATITB
i
-----�---�
1
=ACORD 15-5 (393)===---------------------------------------=----------__-__-_--_-----__-----__--__=-=_---=-=-==-=_=--
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project,for the duration of the project based on proper
reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to
beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity
will have on file , certificates of coverage showing coverage for all persons providing services on the
project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of
the project;
(5) retain all required certificates of coverage on file for,the duration of the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor
knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be
covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice
does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be
printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common
to the worker population. The text for the notices shall be the following text provided by the commission on the
sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see reverse) be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or
providing labor or transportation or other service related to the project, regardless of the identity of their employer
employee."or status as an
"Call the Texas Workers' Compensation Commission at 512/440- 3789 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to
provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the
project:
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the
person knew or should have known, of any change that materially affects the provision of coverage of any
person providing services on the project; and
�•, (� contractually require each other person with whom it contracts, to perform as required by paragraphs (A) _
F ft with the certificate of coverage to be provided to the person for whom they are providing services. 0
CONTRACT
W
STATE OF TEXAS
COUNTY OF LUBBOCK
• THIS AGREEMENT, made and entered into this 23rd day of March, 1995, by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
L OWNER, and WEST TEXAS ABATEMENT of the City of Lubbock , County of Lubbock, and the State of TEXAS, hereinafter
termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed,
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #13184 - ACM ABATEMENT AT LUBBOCK MUNICIPAL COLISEUM S31,744.00
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.
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.
APPROVED •CONTENT:
APPROVED JTO FC"f-
iirL _ I_ .1�' I
ATTEST:
Corporate Secretary
3:
CONTRACTOR
COMPLETE ADDRESS:
West Texas Abatement
P.O. Box 2895
Lubbock, Texas 79408
GENERAL CONDITIONS OF THE AGREEMENT
r
f
POO
t GENERAL CONDITIONS OF THE AGREEMENT
L OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: who has agreed to perform
the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
FREDDY CHAVEZ OPERATIONVENGINEERING SUPERINTENDENT City of Lubbock, under whose
supervision these contract documents, including the plans and specifications, were prepared, and who will inspect
constructions; or to such other representative, supervisor, or inspector as may be authori2:ed by said Owner to act in any
particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by, Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
r
t.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED.
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by'the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
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I 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the
parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under
this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with
said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action
may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to
arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail io make such decision
within a reasonable time an appeal to arbitration may be taken as if his decision had been rendered against the party
appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said materna is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
j 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
.•. The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and. control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at arty location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
d
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests,or approvals shall relieve
a the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and.at the unit price established for such'work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for arty actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the
Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The _Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the 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. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND FAUIPMENT
if at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors. .
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submittedprior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of 1000 000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement
doing so is to be attached to the Certificate of Insurance.
A
B. Owner's Protective or Contingent Public Liability insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City
of Lubbock as insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property damage, $1.000,000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $1.000.000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price naming the City
of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of.,J0.00 on all contracts with coverage to
correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least 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 0406.096) -"includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
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3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period., file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
5. The contractor shall obtain from each person rovidin services on the
P g project, and provide to the
governmental entity:
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(a) a certificate of coverage, prior to that g person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
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services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, .
within 10 days atter the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services.on the
project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing
of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate g pe of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
k
(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 worts on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
r
coverage period, if the coverage period shown on the current certificate of coverage ends
.
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
Of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by Paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is _
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by workers's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity. .
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage
agreements;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the -
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all person providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
C.
(b) provide a certificate of coverage showing workers' compensation coverage to
Pe g the governmental
entity prior to beginning work on the project;
construction project must be covered by workers' compensation insurance. This includes
9
(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;
r•
(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
person providing services on the project; and
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no later than seven days after receipt by the contractor, a new certificate of coverage
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showing extension of coverage, if the coverage period shown on the current certificate of
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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
d'
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the -
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all person providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
C.
law
"The 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 o, f the identity of their
employer or status as an employe"
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"Call the Texas Workers' Compensation Commission at 5121440--3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverages" and
(h) contractually require each person with whom it contracts to provide services on a project, to:
rift
(i) provide coverage based on proper reporting of classification codes and payroll amounts
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and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
d'
provide a certificate of coverage to the contractor nor to that Ip g
g p person be innin work on
the project;
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project,
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services. --
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS, MATERIALMEN, AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
7
Ffrom any loss on account thereof. If the material or process ed or required Own
gement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to then is
of h infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
rM Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in
the performance of this contract, shall not relieve the. Contractor from his full obligations to the Owner, as provided by this
contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
r specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time. herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500.00 (Five
Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each
and every calendar day that the Contractor shall be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
1 The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is fiuther agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
PPO 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 proposals; provided, also, that when the Owner is having other work
k done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing
r
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 proposes to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TME
The Contractor agrees that he has submitted his 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 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to
be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against arty claim or claims for damages due to arty injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
r
F40. PRICE FOR WORK
In consideration of the famishing 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 him and for well and truly .
perfornung 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.
f 41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which S% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
any) of this contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47, PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, ' payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing: In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner, or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall -be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in arty manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially
completed work at a fair and equitable price, and the amount of all Extra Work performed. at the prices agreed upon, or
M- provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor
to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
�.. all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
,
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100%,of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or "
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, _
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent
contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor. --
CURRENT WAGE DETERMINATIONS
i
7 DGV:da
I
r
Krso lution n2502
January 8, 1987
Agenda Item #18
RESOLUTION
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
'in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159x; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
:_23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1887.
. TTE
Ranettd Boyd, City Secretary
APPROVED 7 T ONTENT:
Bi 1 Pyne, D rector of Building
Services
B.C. MCMINN, MAYOR
APPROVED AS TO FORM:
l
Donald G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock —
Building Construction Trades
Prevailing Rates
Craft.
Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
Carpenter
5.00
Carpenter -Helper
11.00
Cement Finisher
5.50
Drywall Hanger
7.35
Electrician -
8.70
Electrician -Helper
10.50
Equipment Operator -
5:25
Heavy
Light
8.00
Floor Installer
5.70
Glazier `
8.00
Insulator, Piping/Boiler
7.50
Insulator -Helper
.9.50
Iron Worker
5.00
Laborer, General
7.30
4.75
Mortar Mixer
5.60
Painter
Plumber
8.75
Plumber -Helper
9.25
Roofer
6.00
Roofer -Helper
7.65
Sheet Metal Worker
4.75
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
Craft
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Fl agger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.15
.5.80
6.50
6:00
6.00
5.25
6.50
5.85
6.40-
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
- Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per.week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
SPECIFICATIONS
ONDEX
SECTION TITLE
DIVISION .00
00850 DRAWINGS
DIVISION 01
01010
SCOPE OF WORK
01040
COORDNATION
01060
REGULATORY REQUIREMENTS
01300
SUBMITTALS
01500
CONSTRUCTION FACILITIES
01600
MATERIALS AND EQUIPMENT
01700
PROJECT CLOSEOUT
DIVISION 02
02020
ABATEMENT PROCEDURES
02030
AIR -MONITORING\ LAB SERVICES
02040
ASBESTOS ABATEMENT INSPECTIONS
02050
WORKER PROTECTION -\DECONTAMINATIONS
02070
CONTAINMENTS
02080
ASBESTOS REMOVAL METHODS
02090
CLEAN-UP AND DISPOSAL
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CLARK DELAVAN r'
10-5031
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Grimes and Associates Consulting Engineers
Asbestos Consultant Agency — 10-0010
Asbestos Laboratory — 30-000g
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SECTION 00850 - DRAWINGS
PART 1.GENERAL
1. DRAWINGS
1.1 Drawing for the project are attached to project booklet. The: index of drawings is
listed below.
2. DRAWING INDEX
W) DRAWINGS
Drawing I of 1: Floor Plan - Upper Level ACM Abatement
Drawing 2 of 2: Floor Plan - Lower Level ACM Abatement
END OF SECTION 00850
00850-1
SECTION 01010 - SUMMARY OF WORK
PARTI- GENERAL
L GENERAL:
1.1 Drawings and General Provisions of the Contract, including General and
Supplementary Conditions, apply to the work of this Section. See Section 00850 -
Drawings for details.
1.2 The general scopeof the work is to abate all HVAC piping exposed in the coliseum
and glove bag sections of piping in the basement boiler room.
1.3 Before submitting a bid for this work, each Bidder is responsible for having examined
the site and is aware of existing conditions under which he will operate, and/or any
conditions which could affect the work under this Contract. No allowance will be made
subsequently in this connection to the contractor for error or negligence on his part.
1.4 Discrepancies between conditions at the site and requirements of the contract
documents shall be reported to the ConsultantlEngineer, in writing, before any bids are
opened. The Consultant will issue necessary instructions to Bidders.
1.5 The contractor is alerted to the fact that there will be a considerable amount of
scaffolding to erect at the site. The contractor shall staff a crew of workers familiar with
erecting scaffolding, as well as a crew for abatement.
2. ACM MATERIALS TO REMOVE:
2.1 Coliseum: Abate all exposed ACM pipe lagging supplying air -handles overhead in
seating area. Abate supply and return lines in concourse area and one pipe for fan coil units
in alleyway.
2.2 Boiler Room: Abate specified sections of pipe lagging in basement boiler room.
3. WORK SCHEDULE:
3.1 Project Start Date: Work on this project will proceed as stated in the contractors
"Notice to Proceed" issued by the City of Lubbock.
3.2 Time Allowed for Completion: Fifteen (15) working days.
END SECTION - 01010
01010-1
SECTION 01040 - COORDINATION
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PART 1 -GENERAL
f 1. CONSTRUCTION TIME:
1.1 The use of insufficient labor or equipment for construction purposes or inadequate
scheduling of materials or equipment to be installed will not be' allowed as cause for delay.
Schedule fbor, materials, and, equipment to site in quantities required for uninterrupted
progress o work and least obstruction of the premise. Extension of time or extra cost will
not be allowed for failure to order materials and equipment on time and in sufficient
quantities.
2. SITE COORDINATION:
1 2.1 Contractor shall be responsible for coordinating with the City of Lubbock for
r establishing work hours and periods the building will be vacant.
2.1 Contractor shall coordinate move in and all final inspections in writing to the
r., Consultant before any work on project begins.
3. SUPERINTENDENT.
3.1 The Contractor shall provide a competent licensed Superintendent who is to be on the
job any time work is being performed by any trade, from the beginning of work until final
acceptance. The superintendent shall have the authority to act as the projects "Compentent
Person" for the Contractor. The superintendent shall coordinate the activities of the various
trades, subcontractors, etc. involved to complete the project in accordance with the _
contract documents.
3. 1.1 The contractor's superintendent shall be the projects "Compentent Person" as
defined by current OSHA regulations.
r- 3.2 Project Superintendent shall not be replaced unless listed on asbestos renovation
demolition notification, and only with Consultants permission.
4.1 Contractor shall not interrupt employees activities around the work area.
4.2 Contractor shall post all markers, warning signs to alert plant personnel to hazards.
Contractor shall be responsible for site security.
5.1 Contractor ' shall be responsible for leaving area clear of contractor generated trash and
waste.
01040-1
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is
5.2 Contractor shall haul all trash generated from project to landfill. Contractor shall clear
and broom sweep buildings walks.
END OF SECTION 01040
01040-2
Pon
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9
SECTION 01060 - REGULATORY REQUIREMENTS
PART 1- GENE
RAL
1.1 This section defines the Contractor's requirements for complying with applicable
Federal, State and when applicable Local regulations.
1.2 The Contractor shall be responsible for complying with regulations as applicable to
asbestos abatement projects. It shall be the Contractor's responsibility to comply with the
latest released regulations, and hold harmless the Owner, Engineer/Consultant Agency,
and/or Owner's representative for the Contractor's failure to comply with any/all
regulations.
1.2.1 Nothing in the plans or specifications are intended to deviate from any Federal,
State or Local regulations. Any deviation shall be noted and reported to Consultant
prior to bid date.
1.2.2 Federal, State, and referenced regulations/standards are incorporated by reference
into the specification.
2. NOTIFICATIONS•
2.1 The Owner requests the contractor to file all applicable Federal, State, or Local
notifications as necessary for the project. The Owner shall pay all associated fees.
2.1.1 The contractor shall coordinate with the owner, project consultant, and local
coordinator/inspector to complete the notification.
2.1.2 The contractor shall be held responsible for assigning correct site supervisor,
-• removal methods, as well as meeting the start and completion dates as specified.
2.1.3 The contractor shall be responsible for filing amended notifications as necessary
during the project.
2.2 TAHPA/NESHAP Notification: The contractor shall file the renovation/demolition
notification form 10/10/94 on behalf of the owner. Notifications shall be filed no later than
10 "working days" of the project start date.
2.2.1 Contractor shall be responsible for establishing the category and amount of
ACM for removal, building address, disposal site, removal methods, and on-site
supervisor.
2.2.2 The contractor will be furnished information on the legal owner, owners billing
address, site address, site contact, information on asbestos survey and consultant
agency.
2.2.3 Contractor shall give written notification to Consultant 5 day in advance of start
date for verification with local TDH inspector.
3.1 Ordinances: The contractor shall secure any permits necessary for the project, and
comply with local ordinances as necessary.
3.2 Public Safety: The contractor shall comply with federal, state, local regulations to
provide for public safety on the project.
3.2.1 On sites with multiple sub contractors: The asbestos abatement contractor shall
coordinate with the general contractor to ensure protection of all persons and trades at
the site.
3.3 Temporary Facilities: Provide and maintain temporary decontamination units,
equipment storage and waste storage in an effective and clean manner in accordance with
Federal, State and Local regulations. All shall be posted with required labeling to identify,
any related hazards.
3.4 Barricades: Marker tape, hazard posting signs, walkways, fences, and other structures
required by Federal, State Regulations and Local ordinances. Leave access to fire hydrants
and protect public and adjacent property at all times. Post proper signs at all entrances and
comply with all other safety precautions including applicable provisions of the National _
Occupational Health and Safety Act (NOSHA) 1970. Contractor will be held liable for
damage to property or persons.
3.5 Asbestos Hazard Signs: The contractor shall post hazard warning signs in a manner
sufficient to alert workers of hazard.
4.1 General: Contractor shall comply with all reference documents. Regulations, standards,
terms and definitions shall be accepted into specifications by reference, and shall be
enforced as such.
4.2 Definitions and Terms: Texas Asbestos Health Rules (TAHPA) TAC 295.31-295.71
22 September 1914: Terms, standards and definition used in these specifications are as
outline in TAC 295.32
4.3 American National Standards Institute (ANSI) Publications:
4.3.1 Z9.2-79 Fundamentals Governing the Design and Operation of Local Exhaust
Systems.
01060-2
i
C.
4.4 American Society for Testing and Materials (ASTM) Publications:
r" 4.4.1 E-849-82 Safety and Health Requirements Relating to Occupational Exposure to
Asbestos.
4.5 Code of Federal Regulations (CFR):
4.5.1 29 -CFR -1910.134: OSHA Respirator Requirements.
4.5.2 29 -CFR -1926.58: Safety and Health Regulations for Construction; Asbestos,
Tremolite, anthophyllite, and actinolite.
4.5.3 29 CFR -1910, 1915, and 1926 et. al.: Occupational Exposure to Asbestos Final
Rule. 1926. 1101
4.5.4 29 CFR 1928&1926.100-106 Personal Protective Equipment
4.5.5 29 CFR 1926.56 Illumination
4.5.6 29 CFR 1926.32 OSHA Competent Person on job site. Ammended in 1926.1101
4.5.7 34 -CFR -231; Appendix C: Procedures for Containing ' and Removing Building
Materials Containing Asbestos.
4.5.8 40 -CFR -61: National Emission Standards; Subpart A, General and Subpart M,
National Emission Standards for Asbestos.
E 4.5.9 40 -CFR -61.145: Standards for Demolition and Renovation
4.5.10 40 -CFR -260-265: Various EPA- regulations implementing RCRA (Resource
Conservation and Recovery Act). Waste disposal.
4.5.11 40 -CFR -763 and Appendices: AHERA regulations
4.6 TDH Texas Department of Health and Occupational Safety Rules:
4.6.1 25 TAC 295.31 thru 295.71, "Texas Asbestos Health Protection Rules.
(TAPHA)
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4.7 TNRCC: Texas Natural Resource Conservation Commission Regulations:
4.7.1 31 TAC 101.28 Asbestos Notification Fees, updated 9/1/93. TNRCC
regulations.
01060-3
5. TEXAS LABOR CODE,
5.1 The contractor shall comply with the Texas Worker's Compensation Commissions Rule
110.110 (d) (7) requireing posting of Notice 8 on each project site informing all persons
providing services on the project that they are required to be covered by workers
compensation insurance.
5.1.1 The posting must be in spanish and english.
5.1.2 Be clearly printed and displayed at each project site.
5.1.3 State how a person may verify current coverage and report failure to provide
coverage.
6. CITATIONS - REGULATORY VIOLATIQNS
6.1 Any citations issued or regulatory violations assessed on this project will be promptly
reported to the Engineer, Consultant, and Owner.
6.2 Any fines or penalties by a regulatory agency shall become. the responsibility of the
contractor.
6.2.1 Penalties or fines assess to the owner; Engineer, or Consultant will be deducted
from the contractors final payment.
END OF SECTION 01060 -
01060-4
SECTION 01100 - SPECIAL PROJECT PROCEDURES
1.1 Contractor shall coordinate with Consultant\Engineer to determine the available areas
for parking, materials storage, etc. All construction support activities must be confined to
this area.
1.2 The construction site will be available for construction operations as stipulated by the
City of Lubbock. The exact time to be established in the contractors "Notice to Proceed",
and at the Pre -construction Conference.
2. SITE SECURITY:
2.1 Contractor shall provide adequate warning signs to warn building occupants of
approaching dangers of construction and asbestos hazards. Post initial barrier tape stating
"CONSTRUCTION AREA, KEEP OUT"which will be breached before reaching asbestos
specific warning signs. Post barrier at locations to adequately warn building occupants and
provide a secured area for workers.
2.2 The contractor shall be held responsible for- securing the job site at the end of the
workday. This shall include building/work area security, control of water and electricity
used on site.
3. COMPLETION DATE:
3.1 It is the responsibility of the Contractor to meet the completion date\schedule specified.
Failure to meet the scheduled date may activate any Liquidated Damages provisions of the
t Agreement, and such damages shall continue until substantial completion of the project is
^^ achieved.
I 3.2 In the event the contractor fails to meet the contract completion schedule. The
additional costs for labor,. and material incurred by the owner for the services of the
Engineer\Air-monitoring firm, consultant, or other trades may, at the Owners discretion,
be deducted in full from the contractors contract amount or payment.
3.2.1 The contractor shall not construe this deduction as a penalty by the Owner to the
contractor for failure to meet contract conditions, rather a compensation for additional
expenses incurred.
4. OWNER OCCUPANCY:
4.1 The owner reserves the right to occupy the ace or install equipment g py . space eq p ent as necessary to
conduct other non asbestos related construction, repair or remodel work, either by Owner
or other trades, in areas of the building in which all asbestos abatement work and
01100-1
decontamination procedures have been completed and passes clearance testing requirements
for occupancy.
4.2 Occupancy by the owner shall not constitute substantially interfere with the contractor
performance of the contract. Such placing of equipment or occupancy by other trade or
owners personnel shall not constitute acceptance of the work, or any part of the work.
5. STAFFING PROJECTS
5.1 Due to the time allowed for the abatement work the contractor may need to employ
general laborors, as well as licensed abatement workers.
5.2 The contractor shall staff the project with the necessary man power to 'facilitate the
moving and erecting of containments to allow continuous abatement of the piping.
5.2.1 No extra time will be allowed due to project staffing problems.
END OF SECTION 01100
01100-2
SECTION 01200 PROJECT MEETINGS
I: PRE -CONSTRUCTION:
1.1 Contractor will be require to complete all notifications and submittals before any work
may begin. Contractor shall upon receiving his "Notice to Proceed", schedule a meeting to
review materials.
1.2 Contractor shall furnish all submittal information requested in Bid package to the City
of Lubbock purchasing agent immediately following notification of intent to award
contractor.
2: SITE MEETING:
2.1 Prior to the start of any work on the project, the contractor shall prepare a job book
and review all information with the project's consultant. (See Section 01300 for details)
2. 1.1 No work on the project may begin until the consultant has reviewed the
submittals and job book.
2.2 The contractors superintendent shall review plans and specifications and plan of action
with the project consultant prior to beginning any work.
END OF SECTION 01200
01200-1
SECTION 01300 - SUBMITTALS
PART 1 - GENERAL
1. GENERAL:
1.1 All submittals shall be made directly to the Purchasing Agent by the Contractor.
Adequate time shall be allowed in the submission schedule for transmittal time; in
special "circumstances, special handling procedures may be used. Exact number of
copies of various submittals, etc., will be established at the Pre -Construction
Conference between the Owner, the Engineer ( Consultant and the Contractor.
1.1.1. Submittals shall be prepare in booklets expectable to Owner and
Engineer.
1.2 Field Measurements: Before ordering any material or doing any work, the
Contractor shall verify all measurements on the project and shall be responsible for
same. No extra charge or compensation will be allowed due to differences between
actual dimensions and the measurements indicated on the Drawings; any difference
which may be found shall be submitted to the Architect/Engineer for consideration
before proceeding with the work.
1.3 Contractor shall review, stamp with his approval, sign, and submit, with
reasonable promptness all submittal data required by Contract Documents or
subsequently by Architect/Engineer. By approving and submitting submittal data,
Contractor. thereby represents that each submitted item meets all Contract
requirements. Submittals without stamps and signatures indicating the above will be
returned without action by the Architect/Engineer.
3.1 The Bidder shall, within one week after notification of the Owner's intent to
proceed with award of the Contract, submit to the Owner and Consultant duplicate
copies of -
3. 1. 1
f:
3.1.1 Copy of worker's compensation coverage, procedures for complying with
Texas Workers'Compensation Commissions Rule 110.110 and . the job site
posting requirements of or the rules Notice 8.
3.1.5. Copy of TDH Asbestos Notification form filed with the regional office of
the Texas Department of Health, Asbestos Programs Branch.
3.1.7. Superintendent and Foreman Data: Name of and experience record of
superintendent and foreman. Include evidence of knowledge of applicable
regulations; evidence of participation and successful completion of
EPA/AHERA approved training course in asbestos removal and/or supervision
01300-1
3
6
t of asbestos related work; and experience with asbestos related work in a
supervisory position as evidenced through supervision of at least five asbestos
abatement contracts. Submit:
3.1.7.1 Supervisor Training certificates
3.1.7.2 State Licenses
' 3.1.7.3 Experience Record
3.1.8. Workman Data: Name and experience record of workmen who will be
assigned to this project. Include for each Person the location of last two
abatement projects.
3.1.8.1 List of Men assigned to project
3.1.8.2 Worker Training certificates
3.1.8.3 Licenses
3.1.8.5 Medical Examinations
3.1.8.6 "Certificate of Worker's Acknowledgement (See attached form)
3.1.9. Respiratory Program: Copy of contractors Company Respiratory
Protection Program, and name of person on site who will be responsible for the
enforcement of same. Submit:
3.1.9.1 Employee "fit -test" records for assigned respirators.
3.1.10 Laboratory data for lab reading "personnel" samples: The Contractor
shall submit name, address and telephone number of the laboratory and evidence
of their special qualifications for airmonitoring, sampling and analysis type of
work (submit 3 copies of this information).
3.1.11 Proposed Work Schedule: Contractor shall submit proposed work
schedule.
3.1.12. Plan of Action: Submit a detailed plan of any changes request in
specifications. No changes to specification will be allowed unless prior approval
is made.
3.1.13 Submit Contractor's site emergency, plan to include local emergency
phone numbers and planned emergency facility to be utilized.
3.1.14. Certificates of Compliance: Certify that vacuums, ventilation
equipment, and other equipment required to contain airborne asbestos fibers
conform to ANSI Z9.2.
01300-2
3.1.15. Sample forms: Submit sample of forms which will be used in the course
of the project, including as a minimum the following:
Record of Project meetings,
Visitation log
Worker log
Record of Air monitoring results
Record of Supervisors daily site inspections
Record of daily activities
END OF SECTION 01300
01300-3
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SECTION 1500 - CONSTRUCTION FACILITIES
1. GENERAL:
1.1. The owner of the facility extends the use of his facility to the contractor in the good
faith the contractor will use care and all precaution to prevent damage to the facility. The
F owner is unaware of any existing damage to his facility. Before contractor begins any work
in the facility the contractor shall inspect the area and furnish to the Engineer a completed
list of any existing damage discovered before any work under this contract has started.
Damage discovered after: work has begun will be assumed as caused by contractor.
1.2. The contractor is reminded of the presents of other asbestos containing materials and
possible other hazardous materials outside the scope of the contract. The contractor and
contractor's on-site ".compentent person" shall remain solely responsible for the safety of
his workers and sub -contractors, and shall take all precautions for their safety.
1.3. The contractor shall take what actions are necessary for protection of the work place
and all personnel of the project, until the determination can be made as how next to
ro
proceed.
2. OWNER PROVIDED UTILITIES:
�^ 2.1. The owner extends to the contractor the privilege of using the existing water,
electricity, heat, and toilet facilities during the project.
2.1.1. The contractor shall not utilize any of the Owner's private phones, office
equipment, kitchen equipment, or any areas of the building for lodging.
2.2. The owner reserves the right to refuse the contractor the use of any of the utilities
!^ services mentioned above. The owner expressly states that the right to refuse use may be
exercised for any reason. The owner shall not be responsible for explanation of such
actions.
2.2.1. In the event of such refusal the contractor shall immediately notify and submit
alternate plan for obtaining utilities.
MIN-301-11MM 0=4 owl "VEWW"AMMOM
3.1. Electrical: Comply with all applicable standards including but not limited to NEMA,
NECA, and all UL Standards for materials and electrical services.
3.1.1. Temporary power: The contractor shall provide service temporary panels .with
proper sized over current .protection device. Ensure all electrical work complies with
NEC (National Electrical Code).
3.1.2. Ground fault: The contractor shall provide receptacle outlets with ground fault
interrupters, RESET BUTTON and lights for connection to power equipment.
01500-1
3.1.3. Electrical cords: The contractor shall provide electrical cords with of good
quality and UL approved. Use single length of cord run overhead, if addition length of
cord is necessary provide water tight connections. In work areas leave cords exposed to
allow for visual inspection.
3.1.4. Lights and Lighting: Where and when required the contractor shall provide for
safe working conditions. Provide general service incandescent lamps. provide weather
covers for exposure to water and breakage, with proper candle power for lighting.
3.1.5. Temporary wiring: Comply with NEC. For power tools and lighting provide J-
boxes with four gang outlet, provide a separate circuit breaker for each four gang out
let.
3.2. Water owner provided: Get require water at the closest source. Connect to approve
existing water outlets. The contractor shall at completion of project remove connections
and restore to original condition
3.2.1. Water hoses: Provide heavy duty hoses with a pressure rating greater than that
of the source. Provide connections at source and at decon unit with leak tight
connections.
3.2.2. Hot water heater: The contractor shall provide an approved UL heater for the
decon unit, and comply with NEMA, NECA, and UL standards for connections to --
power source.
3.3. Toilets owner provided: Contractor shall utilize the toilets at the nearest location to
work areas.
3.3.1. Toilets shall be used by workers whom have been decontaminated and are in
street clothing.
4. TEMPORARY FIRE PROTECTION:
4.1. Contractor shall provide for and pay for all cost associated with fire protection on this
project.
4.2. Fire extinguishers: Provide types, sizes, number, and locations as would be
reasonably, effective for extinguishing fire in early stages by personnel on site. Provide
type A extinguisher at areas with low potential for electrical or grease fires. Provide ABC
dry chemical extinguisher at other locations; comply with recommendations of NFPA No. —
10. Post warning signs and quick instructions for use at each extinguisher location, instruct
workers on proper use and locations before beginning project.
4. 1.1 Provide 1 extinguisher for each 1,000 square feet of containment area, or comply
with current standard and OSHA regulations.
01500-2
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4.3. Emergency numbers: Contractor shall post phone number of local fire department at
most visible location before work has begun.
5.1. Contractor shall provide his own scaffolding and ladders as necessary for the
performance of his trade. All such shall be erected, installed to afford safety and protection
to workers and work areas. Scaffolding and ladders shall comply with OSHA and other
standards. Equip rungs and surfaces with non-skid surfaces, and provide base footings with
protection to eliminate damage to poly surfaces, flooring or covered surfaces.
5.2. Installation of all equipment shall be subject to Owner and Engineers approval.
6.1. When temporary equipment is no longer required the contractor shall completely
remove equipment from fob site, and repair\ replace any materials, equipment or surfaces
damaged in the installation or removal
7.1 The contractor shall post the required worker compensation insurance coverage at the
job site for the duration of the project.
7.1.1 Comply with The Texas Department of Labor Code by posting signage of Notice
8
7.2. The contractor shall post Prevailing Wage Rates at job site.
8.1. The contractor shall confine all activities to the areas assigned to him in the project
pre -construction meeting, and in no -way obstruct other parts of the building or building
operations.
8.2. The contractor shall provide for storage of equipment in a manner with will not impair
safety, or impair traffic flow in work areas.
8.2.1. The contractor shall properly and effectively store allequipment furnished by
him after it's uses and decontamination. Store in a manner which will not impair
saftey, or impair traffic in the area.
9. CLEANING:
9.1. The contractor shall be responsible for the prompt removal and disposal of all debris
and trash generated during the project. All scrap lumber, boxes, poly and trash shall be
removed from the building at the end of each shift. All occupied areas shall be broomed
clean and restored to original condition at end of each shift.
01500-3
11
9.2. In the event the Owner\Engineer is fined for the illegal dischargeldisposal or lack of
action by contractor of generated waste materials, the Owner may withhold from the _
contractor final pay request an amount equal to triple the amount of fine(s).
END OF SECTION 01500 --
01500-4
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SECTION 01600 - MATERIAL AND EQUIPMENT
�,.. 1. GENERAL:
1.1 Materials and Workmanship: Unless otherwise specified, all materials shall be new, of
the best grade and kind specified. Workmanship shall be of the best recognized-standards
known to the various trades. '
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1.2 Transportation and Handling: Methods of crating, transportation, and handling of
,• materials and equipment, on or off the site, shall be in accordance will Federal, State and
Local regulations.
1.3 Storage and Protection: Protect work, materials, equipment as to provide for building
occupants protection, and not impair traffic to work area.
END OF SECTION 01600
9
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01600-1
M
SECTION 01700 - PROJECT CLOSEOUT
1.1 The Contract will be considered fulfilled with the exception of any maintenance
stipulations, bond, or by law, when all work is complete, final inspection has been made,
final acceptance and final payment by the Owner.
2.1 Sections or portions of the work considered by the Owner to be in suitable condition
may be put to' use. Usage of any portion of the work will not be considered as acceptance
of the Work by Owner. Contractor shall repair or remove any portion of the work that is
defective due to materials or workmanship at his expense.
3. SUBSTANTIAL COMPLETION:
3.1 Contractor shall notify Architect/Engineer in advance of requested inspection date.
Before requesting Architect/Engineer's inspection for certification of Substantial
Completion for all or portions of the work, the Contractor shall accomplish the following:.
3.1.1 Complete the removal of all asbestos -containing materials.
3.1.2 Complete the removal of all containment materials.
3.1.3 Deliver all.ACM materials to appropriate dump site, and return waste manifest to
Engineer.
3.1.4 Discontinue and remove from site temporary facilities and services, construction. --
tools, and similar elements.
3.1.5 Prepare (and submit with request for inspection) Progress Payment request
showing 100% completion.
3.1.6 Payment will be in a lump sum amount. Request for partial payments will not be
allowed.
3.2 Inspection Procedures: Upon receipt of Contractor's request, Architect/Engineer will
either proceed with inspection or advise Contractor of prerequisites not fulfilled. Following
initial inspection by Owner, Architect/Engineer, and Contractor, Architect/Engineer will
either prepare Certificate of Substantial Completion, or advise Contractor of Work which
must be completed before certificate can be issued. Repeat inspections shall be conducted
when requested to verify that work has been substantially completed. Results of completed
inspection will form initial "Deficiency List" for Final Inspection.
01700-1
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4. FINAL INSPECTION:
r., 4.1 Before requesting Architect/Engineer's final inspection for certification of Final
Acceptance and Payment, as required by General Conditions, Contractor shall complete the
following and list any know exceptions in request:
4.2 Submit Final Payment Request with final releases and supporting documentation not
previously submitted and accepted. Include certificates of Insurance for products and
completed operations where required.
4.3 Submit updated final statement, accounting for any changes to Contract Amount.
4.4 Submit copy of Architect/Engmi eer's final deficiency list of itemized work to be
completed or corrected, stating that each item has been completed or corrected for
i; acceptance.
4.5 Submit warranties, workmanship/maintenance bonds, maintenance agreements, final
certifications and other similar documents.
4.6 Submit completed project manual complete with original copy of executed waste
disposal manifest, 2 copies of project manual are required for payment.
4.7 Revise and submit evidence of final, continuing insurance coverage complying with
insurance requirements.
5. REINSPECTION PROCEDURE:
5.1 Upon receipt of Contractor's notice that work has been completed including.
"deficiency list" items resulting from earlier inspections, Architect/Engineer and
representatives of the Owner and Contractor will reinspect the work. Upon completion of
reinspection, Architect/Engineer will either prepare certificate of final acceptance or advise
Contractor of work not completed as required for final acceptance. Also at this time, the
Owner may elect to advise the Contractor, in writing, that conditional acceptance has been
made. Conditional acceptance shall relieve the Contractor of responsibility for
maintenance, security and insurance on the work. Contractor will still be responsible for
performing all the work of the Contract including correction of all deficiencies noted at the
time of conditional acceptance. The Owner shall be entitled to retain from the Contractor's
payment an amount commensurate with the work remaining to be accomplished.
6.1 Contractor shall submit two (2) copies of project manual. Submit to Engineer for
approval. Submit with Contractor's Pay Request.
6.2 Presentation of Data: Where possible data shall be presented on 8 112 X 11 sheets.
Light sensitive production technique is acceptable.
01700-2
6.3 Sub Divisions of Data: Project manual shall have data divided into sections. The
sections shall correspond to the paragraph titles below.
6.3.1 Section 1: Submital information supplied with Bid.
a) Include copy of all information supplied with bid.
6.3.2 Section 2: Submit information supplied after Notice to Proceed.
a) Include copy of data supplied after notice to proceed issued by owner.
6.3.3 Section 3: Notifications and Waste Manifest
a) Provide notification to regulatory agencies, Contractors license, executed waste
manifest, and contractors final acceptance.
6.3.4 Section 4: Daily work log.
a) Provide record of daily activities to include: personal protective equipment used,
record of containment differential pressure, record of daily personnel monitoring.
6.3.5 Section 5: Contractor pay request.
a) Provide completed pay request on AIA document.
7 GUARANTEES, BONDS AND AFFIDAVITS•
7.1 Deliver to Architect/Engineer, in duplicate: written guarantees, reports, certificates of
inspections, and bonds, as required in the Contract Documents.
7.2 Deliver to Architect\Engineer, Contractor's Affidavit of Release of Liens - and
Payments of Debts and Claims, including all SubContractors, vendors, labor, materials and
services, executed by an authorized officer and duly notarized.
7.3 Contractor shall and does warrant all work performed by him directly and for which
guarantees are required in all sections of this Specification.
7.4 Contractor shall and does warrant and/or guarantee all work for a period of one year
from date of completion as evidents by Final Acceptance of this work. This provision shall
not be considered as conflicting with stated guarantees of longer periods. The guarantees
imply and require that faulty materials, workmanship or errors be promptly corrected by
Contractor without cost to the Owner.
8. _FINAL PAYMENT:
8.1 Submit final Application for Payment in accordance with the terms of the Agreement,
indicating adjustment of accounts from original contract amount including:
01700-3
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8.1.1 Additions and deductions resulting from change orders.
8.1.2 Adjustments to cash allowances, if any, with full supporting data.
8.1.3 Deductions for uncorrected work and for liquidated damages, if any.
8.2 Submit Consent of Surety to Final Payment, AIA Document G707.
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END OF SECTION 01700
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01700-4
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SECTION 02020 - ASBESTOS ABATEMENT PROCEDURES
PART 1 - GENERAL
K41MY163'
1.1 General: This section includes all work necessary to reduce air concentrations of `—
asbestos to the specified level and maintain the specified asbestos control limits during the
life of the contract. It also includes removal, containment, and disposal of asbestos -
containing materials.
1.2 The contractor must visit the site to determine the actual Scope Of Work, and square
footages of ACM materials specified for removal and repair.
1.3 Drawings: The contractor shall review drawing and visit site to determine location of
specified ACM. See Drawings Section 00850.
1.4 It is the Asbestos Abatement Contractor's responsibility to leave the area indicated in
paragraph "Work Area," free of specified ACM materials, and .air -borne fiber counts
below specified levels.
2. ACM MATERIALS TO REMOVE:
2.1 Coliseum: Abate all exposed ACM pipe lagging supplying air -handles overhead in
seating area. Abate supply and return lines in concourse area. Abate piping for fan coil
units in alleyway.
2.2 Boiler Room: Abate specified 5 foot sections of piping in boiler room.
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3.1 The Contractor shall perform all personnel monitoring for complying with applicable
OSHA standards for establishing workers Time Weighted Averages for asbestos exposure.
See Section 02030.
3.2 Contractor shall complete Submital Package before access to the site will be allowed.
3.2.1 Failure to complete submittals before project start date will not extent contractors
work schedule or completion date.
3.3 Contractor shall prepare "Project Books" as required in specifications. (See Section
(01700)
02020-1
4. SEQUENCING/SCHEDULING:
4.1 Total Project Schedule: The total project involves construction, demolition, abatement,
disposal, etc. The general project sequence is as follows:
4.1.1 All work involved in project shall be accomplished in fifteen (15) working days.
5.1 Contractor Qualifications: The Asbestos Abatement Contractor shall be a firm of
established reputation (or if newly organized, whose personnel have previously established
a reputation in the same field), which is regularly engaged in, and which maintains a
regular force of workers skilled in asbestos abatement, and shall have performed this work
on previous projects for a period of not less than three (3) years. See "Submittals"
paragraph for information which must be submitted and approved.
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02020-2
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5. 1.1 Contractor, contractors supervisor, and all employees shall be licensed by the
state. All shall have current medical requirements of OSHA regulations. Contractors
employees shall sign and return statements of fact.
5.2 Site Inspection: While, performing asbestos abatement, work,-, the Contractor shall -be
subject to on-site inspection by OSHA, EPA, Owner's Representative, etc. If found to be
in violation of 29 CFR 1926.58\29 CFR 1926. 1101, the Contractor shall cease all work .
immediately and remain so until the violation is corrected. Standby time'required to resolve
the violation shall be at the Contractor's expense.
6. FIELD QUALITY CONTROL
6.1 Monitoring: Monitoring of airborne concentrations of asbestos shall be in accordance.
with 29 CFR 1926.58\29 CFR .1926.1101 and defined company policy. Monitor the
airborne concentration of asbestos before starting work daily to obtain a STEL fiber
concentration in the affected . areas. Then monitor workers continuously during the course
of the work inside the asbestos work area,
6.2 If monitoring shows asbestos concentrations greater than the asbestos control limits,
stop all work, correct the conditions causing the excessive levels, and notify the Engineer
immediately.
6.3 Site Inspection: While performing asbestos abatement work, the Contractor shall be
subject to on-site inspection by OSHA, EPA, Owner's Representative, etc. If found to be
in violation of any asbestos regulations, the Contractor shall cease all work immediately
and remain so until the violation is corrected'. Standby time required to resolve the
violation shall be at the Contractor's expense.
6.3.1 The contractor shall furnish for regulator inspectors one complete set of
equipment (such as respirators and disposable clothing) required for entry into the
asbestos control area.
02020-2
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6.3.2 Contractor shall provide through out the project a complete set of equipment
(respirator and disposable clothing) for the Owner's consultant, or air monitoring
technicians.
PART 2 EXECUTION:
7.1 General Procedures: Perform all asbestos related work and comply with 29 CFR
1926.58/29CFR 1926.1101 and 29 CFR 1910.20, 40 CFR 763 (AHERA), etc. Use
general work practices as specified in 34 CFR Part 231, Appendix C, 'ASTM E 849, and
other appropriate work procedures approved by Environmental Protective Agency (EPA).
7.2 Asbestos Control Limits During Abatement:
7.2.1 Inside Asbestos Work Area: Air concentrations of asbestos (Permissible Exposure
Limits, ie PEL's) shall not exceed an 8 -hour time weighted average of 0.2 fibers
(longer than 5 microns), per cubic centimeter of air.
7.2.2 Outside Asbestos Work Area: Air concentrations of asbestos shall be maintained
at 8 -hour time weighted average below 0,01 fiber (longer than 5 microns) per cubic
centimeter of air. This applies to all areas in the building except for the asbestos work
area while work is in progress, and after final clean-up and clearance.
7.2.2.1 In cases where the "outside work area" levels are not 0.01 fibers per cubic
centimeter, the "baseline" levels of those areas shall become the new control limits
for "during" and "final clearance" levels. The contractor must make sure that the
final clearance air concentration levels shall not exceed the outside work area
"baseline" levels. _
7.2.3 Area Adjacent Glovebag Removal: Air concentrations of asbestos shall be
maintained at 8 -hour time weighted average below 0.01 fiber (longer than 5 microns)
per cubic centimeter of air.
7.3 Coordination of Work of All Trades: Coordinate the work of all trades to assure that
their work is performed in accordance with the applicable regulations and that the asbestos --
control limits are maintained at all times inside and outside the asbestos work area.
7.4 Perform complete cleanup of work space prior to final inspection.,
7.5 Wipe Down Prior to Clearance Sampling: Once all ACM has been removed completely
wipe down the entire work area. At the end of this wipe -down take clearance samples. See
section "Clean -Up and Disposal" for details of final cleanup.
7.6 Notify Upon Completion of Removal: Notify air monitoring personnel that gross
removal is completed and have the work assessed. Seal and protect each area as work is
completed.
02020-3
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7.6.1 NOTE: IT REMAINS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO
REMOVE ALL SPECIFIED ASBESTOS CONTAINING MATERIALS. THE
AFOREMENTIONED ASSESSMENT BY THE ENGINEER'S/OWNER'S AIR
MONITORING PERSONNEL IS PERFORMED TO HELP EXPEDITE THE WORK,
BUT IN NO WAY TRANSFERS THE RESPONSIBILITY FOR DISCOVERING
ALL ASBESTOS TO THE OWNER/ENGINEER'S REPRESENTATIVE'. In the event
some ACM is discovered subsequent to the above-mentioned assessment, it shall be
removed at the Contractor's expense
( 8. PREPARATION COLISEUM AREA:
8.1 Coliseum Seating Area: The contractor shall erect two 60 foot sections of scaffolding
to extend between two air -handler units. Erect directly below HVAC pipes, extend
scaffolding 5-6 feet above pipes.
8.1.1 The contractor shall erect and contain one 60 foot section and begin abatement
while workers are erecting a second 60 foot section.
8.1.2 The intent of the procedure is to allow workers to abate and. clean one area as the
other is being erected. The procedure should allow for continuous remove without
down time for moving of containment.
8.2 Decon Unit: Establish three stage wet decontamination unit complete with --equipment
i room, shower and. clean room. Provide double flap entryways between each area. Connect
to containment area to provide air tight seal.
8.3 Emergency Exits: Provide for and mark emergency exit. Instruct workers on -
emergency procedures.
r 8.4 HEPA Unit: Provide HEPA unit(s) sized for work area(s), .Exhaust from building,
units shall run continuously.
8.5 Warning Signs: Post barrier tape, warning signs and labels as required by AHERA and
r 29 CFR 1926.58, ASTM E 849, and as directed by the Owner or Engineer. Provide
barrier tape 50 feet from any entrance.
9. PREPARATION FOR CONCOURSE PIPING:
9.1 Concourse Supply Piping: The contractor shall erect a mini containment with two stage
dry decon and HEPA unit for the abatement of the shielded supply line adjacent offices.
9.1.1 Post barrier tape and warning signs adjacent work area.
9.2 Alleyway Fancoil Units Piping: The contractor shall erect scaffolding as necessary to
access pipe, then string multiple countious glovebags for the abatement of the ACM
insulation.
02020-4
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9.3 Pipeing at Ramp 6: The contractor shall erect scaffolding to allow access to pipes and
glove bag insulation.
9.3.1 Glove bag removal will be performed over poly drop cloths, sized for area.
9.4 Boiler room Pipeing: .The contractor shall glove bag the sections of pipeing as
indicated.
9.4:1 Glove bag removal will be performed over poly drop cloths, sized for area.
10. CONTAINMENTS AND REMOVAL METHODS:
10.1 Provide containments as described in Section 02070. Provide for removal as
described in Section 02080.
11. CLEAN UP AND DISPOSAL:
11.1 Provide for cleaning of work area and disposal of containment materials and bagged
ACM materials as described in Section 02090.
END OF SECTION 02020
02020-s
SECTION 02030 AIR MONITORING AND LABORATORY SERVICES
PART L GENERAL:
1. RELATED DOCUMENTS:
1.1. General provisions of contract, General Conditions, Supplemental Conditions, Special
Conditions, Drawings and sections of Division 00 apply to the work of this section.
2. DESCRIPTION OF WORK:
2.1. This section describes the air -monitoring services to be conducted by the air
monitoring firm and the manner in which the Contractor shall coordinate/facilitate these air
monitoring services. These services are being provided to verify for the owner that the
work is performed in compliance with the contract documents.
2.2. Monitoring is performed for both the outside environment and also the work area to
record environmental conditions during abatement and to ensure that the building remains
uncontaminated.
2.3. This section also sets the environmental conditions both inside - and outside the
containment which are to be maintained during project.
2.4. This section also describes the actions to be taken by the Contractor and by the air
monitoring firm when environmental conditions are breached during abatement project.
3. EXTENT OF OWNER PROVIDED AIR MONITORING:
3.1. The Contractor shall coordinate with'`all air monitoring activities ' and shall support
these activities in whatever way necessary.
3.2. The air monitoring firm will be conducting air monitoring through out the project as
follows:
�.. 3.2.1. BASE LINE: The air monitoring firm will monitor airborne fiber counts before
any abatement work is started.
3.2.2. OUTSIDE WORK AREA: The air monitoring firm will monitor airborne fiber
counts outside the work area during periods that abatement is being conducted to detect
'faults in containment, filtration equipment failure, or contamination of building outside
the work area.
3.2.3. INSIDE WORK AREA DURING ABATEMENT: The air monitoring firm will
monitor airborne fiber counts in the work area to determine that engineering controls
are adequate for the project.
02030-1
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3.2.4. CONTAINMENT CLEARANCE: The air monitoring firm will monitor
airborne fiber count in the work area following gross removal and clean-up.
Monitoring will be conduced to determine if the elevated fiber counts encountered
during gross removal have been reduced to acceptable levels before applying
encapsulates or removal of primary containment barriers. Three to five samples per
containment area will be taken to confirm visual assessment of area.
4. DISPUTES IN FIBER TYPE:
4.1. The follow procedures will be enforced to resolve any disputes in fiber amounts, or
fiber types.
4.1.1. Air samples will be secured by the Engineer's air monitoring personnel for TEM
analysis. The cost for any unscheduled analysis of the samples and for the technician's
time (in collecting, shipping, etc. the samples) will be back -charged to the contractor,
regardless of the results of the, TEM -analysis and the cost of such analysis/sample
collection deducted from the Contractor's final payment.
5. FINAL CLEARANCE SAMPLING:
5.1. Final PCM clearance sampling will be conducted by the Consultant to determine for
Owners documentation, that the elevated airborne fiber counts have been reduced to either
the baseline level or to 0.010 fibers per CC (whichever is lower) of air drawn all sample
taken.
5.1.1. Final PCM Phase Contrast Microscopy clearance samples will be collected
while using aggressive sampling methods, using an electric powered leaf blower.
5.1.2. Before sampling pumps are started leaf blower will be swept over all horizontal
surfaces, walls, ceilings, and floors. If necessary 20 inch box fan will be used for the
suspension of fibers for the duration of the sampling period.
6. LABORATORY TESTING:
6.1. The air monitoring firms Representative will be performing laboratory analysis of the
air samples taken. A microscope and lab will be set up on site.
6.2. Air samples and laboratory analysis will be performed on site using Phase Contrast
Microscopy (PCM) Method of sample preparation and analysis will be the NIOSH 7400
method using recommended A counting rules.
6.3. Daily air monitoring reports, by the air monitoring firm, to the Owner will include
daily PCM sample analysis as well as data pertaining to
6.3.1. Containment and removal methods employed.
6.3.2. Contractor discrepancies and corrective measures.
02030-2
6.3.3. Worker employed and hours worked.
6.3.4. Method employed by the contractor for monitoring and reporting of workers
exposure to air borne asbestos fiber concentrations.
7. LIMITS OF OWNER -PROVIDED AIR MONITORING:
7.1. The air monitoring firm will not be providing air monitoring for the contractors
required monitoringlreporting of workers for establishing Time Weighted Averages (i.e.
will NOT be providing "personal" sampling).
7.1.1. The Owner or air monitoring firm will not be responsible for contractor's air
monitoring of personnel for the purpose of upgrading respiratory protection equipment
7.1.2. Contractor shall furnish all required air monitoring for the safety of his
employees, and shall hold Owner\ Air monitoring firm harmless for failure on the
contractor's part to meet these regulations.
7.1.3. Documentation of Contractor's "personnel" monitoring will be kept as the job
site in the contractors log book.
8. CONTRACTOR AIR MONITORING REQUIREMENTS:
8.1. The contractor shall have on job site at all times a "Competent Person" as defined by
OSHA regulations. The Competent person shall perform all of the contractors air
monitoring for compliance with OSHA regulations as stated under 2.9 CFR 1910.1001 and
1926.1101.
8.2. The contractor may use his Competent Person for the sampling and record keeping, if
that person is so trained. If not the contractor shall furnish at his expense a testing
laboratory and technician.
8.2.1. The method employed and testing laboratory employed must be approved by the
air monitoring firm.
9. CONTRACTORS LABORATORY QUALIFICATIONS:
9.1. Laboratory chosen by the Contractor to provide "personnel monitoring for TWA"
shall be regularly engaged in asbestos testing, and personnel used for monitoring airborne
concentrations of asbestos fibers shall be proficient in this field. Laboratory shall be AIHA
approved, or active in NISOH PAT program.
9.2. Laboratory chosen shall have the capability of reporting result to contractor on a daily
bases for posting at job site. Copies of results will be maintained in contractors daily logs.
END OF SECTION 02030
02030-3
SECTION 02040 - ASBESTOS ABATEMENT INSPECTIONS
PART 1 - GENERAL
1. RELATED DOCUMENTS:
1.1 To include General Conditions, Supplementary Conditions, Special Conditions,
DRAWINGS, and related documents in Division 00.
2. DESCRIPTION OF WORK:
2.1 The Contractor shall support the air monitoring firm, who in addition to performing on
site air -monitoring for. Owner's records, will be acting as the Owner's on-site
representative during the project. The air monitoring firm shall provide on-site inspections
for the Owners enforcement of the written specifications. Work shall not begin prior to
written notification being received by the air monitoring firm. Work shall not be conducted
without air monitoring representative being on the project site.
2.1.1 The owners intention is to ensure Contractor meets the requirements of the
documents prepared for the project. The inspections are not to be construed by the
Contractor as a delay in work.
2. 1.2 NOTE: The air monitoring firm of the Owner's Representative -SHALL NOTbe
responsible for the Contractor's compliance with any Federal, State, or Local
regulations; this remain SOLELY the responsibility of the Contractor.
3. INSPECTION -1, ON-SITE SUBMITTAL REVIEW:
3.1 General: Before any work is allowed to begin the air monitoring firm shall review all
submittals with the Contractor's on-site "Competent Person". See Specification section
titled "Submittals for information which must be submitted.
3.1.1 NOTE: NO WORK WILL BE PERFORMED UNTIL SUBMITTALS HAVE
BEEN REVIEW ON-SITE AND ALL DEFICIENCIES ARE CORRECTED. Copies
of all submittals shall be maintained on-site throughout the project.
4. INSPECTION -2. PRE -ABATEMENT CONTAINMENT\WORK AREA INSPECTION:
4.1 Inspection of the work area, work area containment, equipment and supplies shall be
conducted by the air monitoring firm before removal of asbestos containing materials
begins.
4.2 Any discrepancies will be corrected by the contractor prior to the beginning of
removal.
5. INSPECTION -3. ABATEMENT CONTAINMENTIWORK AREA INSPECTION:
02040-1
5.1 Multiple inspections of the containment, work area, etc. will be conducted by the air
monitoring firm at random intervals during the removal-period to ensure that work is
proceeding in accordance with contract documents.
5.2 Inspections of the containment, work area, etc. will also be conducted by the air
monitoring firm after removal is complete but prior to application of encapsulates.
5.3 Any deficiencies will be corrected by the contractor immediately. Remove any residual
ACM prior to applying encapsulation. Any re-cleaning will be the contractor's expense.
5.3.1 NOTE: It remains SOLELY the contractors responsibility to remove all ACM
materials. The aforementioned assessment by the representative in no way transfers the
responsibility for discovering all ACM to the air monitoring firm.
6. INSPECTION-5. POST-ABATEMENT CLEARANCE INSPECTION (PCM-
CLEARANCE):
6.1 Inspection shall be accomplished prior to removal of any poly sheeting. After final
cleaning of the containment area the air monitoring firm shall conduct a final visual
inspection of all surfaces in the containment area. If no ACM is discovered air monitoring
firm will collect clearance samples while using "aggressive" air sampling techniques.
6.2 Failed clearance sampling will require re-cleaning of the containment area and re-
sampling. Second sampling test will be classified as a re-test and backcharged to the
contractor (the cost of such re-sampling will be deducted from the Contractor's final
payment).
7. INSPECTION-6. FINAL INSPECTION:
7.1 A final inspection will be conducted of each work area after the contractor has
removed the containment, critical barriers, and all equipment for the area. A Punch List
will be issued to the contractor for any items requiring correction or completion. Punch
List items shall be promptly completed by the contractor and resubmitted for the
Engineer's approval.
8. FAILED INSPECTIONS:
8.1 Items requiring corrections shall be accomplished immediately.
8.2 Failed final clearance testing shall be charged back to the Contractor.
8.3 Re -inspections of corrected punch list items will require 48 hour notice to the
Engineer.
END OF SECTION 02040
SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION
FART 1- GENERAL:
1. DESCRIPTION OF WORK
1.1 This section describes the equipment and procedures for protection of workers against
asbestos contamination. --
1.2 Workers on the project shall use a recognized decontamination practices as a minimun.
2. REFERENCES:
2.1 General: The following standards are made a part of the contract documents by
reference and shall be enforced as if they were written into the specification in their --
entirety. The listed standards shall be "minimum acceptable"; comply with more stringent
requirements of these specifications where such requirement exists.
2. 1.1 ANSI: ANSI -Z180.2, Practices for Respiratory Protection.
2.1.2 OSHA
A) 29 -CFR -1910.134 Respiratory Protection
B) 29 -CFR -1910.1001 Asbestos
C) 29 CFR- 1926.5 8/29CFR 1926.1101 Construction Industry
D) 29 CFR -1910.1200 Hazard Communication
2.1.3 Texas Asbestos Health Protection Act.
A) 295.31 - 295.71
PART 2 - EQUIPMENT
3. PROTECTIVE CLOTHING:
3.1 Coveralls : Provide disposable full body hooded polyolefin or polypropylene suits. _
Spun poly suites are acceptable.
3.1.1 All persons entering the work area will be required to wear suits. —
3.1.2 Contractor shall provide sufficient number of changes for all workers and
inspectors on the project.
02050-1
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3.2 Foot wear: Provide rubber boots for workers and inspectors.
3.3 Gloves: Provide water -proof glove for all workers and inspectors.
4. RESPrRATORY PROTECTION EQUIPMENT:
4.1 General: Respiratory protection will be required in all work areas and during all phases
of project, to include: critical prep work, glove bag removal, waste load out,
decontaminating of worker and work area.
02050-2
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4.2 Respiratory protection for workers shall be provided by the Contractor as required by
current OSHA regulations. Respirators used shall be selected from those approved by the
Mine Safety and Health Administration (MSHA) and the National Institute for
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Occupational Safety and Health (NIOSH) for use in atmosphere containing asbestos fibers.
4.2.1 NIOSH -approved respirators contain the following: an assigned identification
number placed on each unit; a label identifying the type hazard the respirator is
designed to protect against; additional information on the label which indicates
limitation and identifies the component parts approved for use with the basic unit.
4.3 Respirator Protection Factors: All respirators shall have at least the following
protection factors:
Respirator Type Protection Factor
Half -Mask Air Purifying: 10
Negative Pressure, full face 50
Powered -air, full face (PAPR) 50
Pressure demand PAPR 100
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4.4 Filter Cartridges: The contractor shall provide as a minimum, HEPA type filters
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labeled with NIOSH and MSHA certification for "Radionuclides, Radon Daughters, Dusts,
Fumes, Mists, including Asbestos Containing Dusts and Mists, and color coded in
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accordance with ANSI 2228.2 (1980)
4.5. Organic Cartridges: The contractor shall provide as necessary NIOSH and MSHA
approved cartridges for all chemical or vapors they may encounter.
02050-2
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PART 3 - EXECUTION
5. PROTECTIVE CLOTHINGIDECONTAMINATION REQUIREMENTS:
5.1 General: All person entering work area shall wear all elements of the listed protective
clothing. No protective clothing shall be worn outside the work area.
5.2 Protective Clothing: At the start of each shift the worker will be required to put on
full body suites, and rubber boots before entering the work area.
5.3 Dry Decon Unit: Glove bag removal and removal in mini containments. All worker.
shall wear two suits for removal. Hepa vac outer suit and enter decon unit, remove suit and
exit containment.
5.4 Three Stage Decon Unit: All workers shall utilize decon unit for final decontamination.
5.4.1 Workers shall exit work area in suit and respirator then proceed to the
decontamination unit. Workers shall enter unit through equipment room, remove outer
suit and place in disposal bag, enter show wearing respirator, shower and exit to clean
room.
6. RESPIRATORY PROTECTION PROCEDURES:
6.1 Respiratory Protection Program: The contractor shall comply with ANSI Z288.2-1980
"Practices for Respiratory Protection" and OSHA 29 1910 and 1926, and specified
requirements.
6.2 The contractor shall enforce company program and ensure respiratory protection is
used by all employees on the project any time workers are in work area, regardless of
activities performed or airborne fiber counts.
6.3 The contractor shall instruct and train all employees involved in asbestos removal,
repair, encapsulation and disposal in the proper use, inspection and cleaning of respirator.
6.4 The contractor shall be responsible for assuring all employees wear the proper
respiratory protection for the fiber level encountered in the work place
6.5 Respirators are required from the start of the project until the work area is completely
decontamination and all waste has been disposed and area has been cleared.
6.6 The contractor shall provide a licensed supervisor for the duration of the project to act
as his "Competent Person" as defined by OSHA regulations.
6.7 Minimum Respiratory Requirements: The minimum respiratory requirements for this
project are as follows:
02050-3
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F 6.7.1 Half -Mask, air purifying respirator: Use half -mask respirator equipped with high
efficiency (NEPA) filters while doing preparation work and glove bag removal of pipe
lagging.
6.7.2 Powered Air Purifying Respirators: Use high efficiency powered air -purifying
respirators whenever the fiber count is less than 1.0 fibers/cc.
6.7.3 Type "C": Use type "C" supplied air respirators whenever the fiber count is 1.01
fibers/cc or greater.
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6.7.4 Restricted respirator type: half -face, air purifying respirators will NOT be used at
any time for removal in containment on this protect.
6.8 Upgrading protection: At any time during the project that airborne fiber concentrations
increase to the point that fiber counts inside the mask would exceed 0.01 fibers/cc all work
shall cease and all workers shall leave the work area until respiratory protection is
upgraded and/or improved engineering controls are implemented.
6.9 Respiratory Protection for Site Inspection Personnel: The project shall be subject to on-
site inspection by OSHA, EPA, Owner's Representative, etc. Contractor shall provide
clean respiratory equipment for any and all inspectors. Contractor shall provide throughout
the protect a complete set of equipment (respirator and disposable clothing) for the
Owner's air monitoring/inspector. -
6.9.1 If found to be in violation of 29 CFR 1926.58/29 CFR 1926.1101, the
Contractor shall cease all work immediately and remain so until the violation is
corrected. Standby time required to resolve the violation shall be at the Contractor's
expense.
END OF SECTION - 02050
02050=4
SECTION 02070 - CONTAINMENTS
PART 1 - GENERAL
L DESCRIPTION OF WORK:
1.1 This section describes the containment and decontamination unit the contractor shall
employ for work area.
1.2 The contractor shall provide scaffolding for the containment of the piping in the
coliseum seating area and concourse piping.
1.2.2 The contractor shall erect one work area of 120 foot section of scaffolding and
containment, begin abatement while a crew of workers are erecting a second 120 foot
section immediately adjacent the work area.
1.2.3 The second 120 foot section of containment and scaffolding will allow for
continuous abatement of piping while resetting first section of scaffolding.
1.3 Prior to dismantling and moving containment PCM clearance testing will be
performed.
FART 2 - PRODUCTS
2. CONTAINMENT MATERIALS:
2.1 Polyethylene sheeting: Provide polyethylene sheeting of 6 mil thickness sized for
application.
2.2 Adhesive tape: Provide adhesive tape in 2" or 3" widths with adhesive formulated to
adhere to poly in hot, humid and wet removal conditions.
2.3 Spray adhesives: Provide spray adhesive formulated for application with poly, and —'
other surfaces in hot, humid and wet removal conditions.
2.4 Signs: Contractor shall post O SHA required asbestos hazard warning signs.
2.5 HEPA Filtration Device: Contractor shall provide HEPA filtration device(s) for work
area. Fans shall be able to maintain 4 air changes per hour in work area.
2.6 Wood Studs: Provide stud -grade 2x4, 2x6, 2x8 etc. pine for barrier wall.
2.7 General construction equipment: Additional requirements for construction\support
equipment See Section 01500 .
2.8 Contractor shall store equipment on site without causing traffic hazard or unsafe work
conditions.
02070-1
3.1 Air Locks: Build double air locks of plastic sheeting at all entrances and exits to the
work area so that the work area is always closed off by one barrier when workers enter or
exit. Position so that all air entering the containment must enter through the air lock.
3.2 Decontamination unit: Decon unit shall be constructed to provide for stability for the
duration of the project. Units may be constructed of wood, PVC piping or a pre -fabricated
unit. Attach to containment to provide air tight seal.
3.3 Local Exhaust System: Provide a local exhaust system in the asbestos control area as
required to meet the asbestos control limit and ceiling concentration. Systems used shall
provide a minimum of four air changes per hour per work area. The local exhaust system
shall be in accordance with ANSI Z9.2, using high efficiency particulate air (NEPA)
filters. Equip exhaust openings with the necessary filters required to reduce airborne
asbestos concentrations to below the asbestos control limit. Local exhaust equipment must
be sufficient to maintain a negative air pressure in the asbestos control area. Strip recorder
or instrument which can record\document information shall be required.
3.3.1 HEPA Exhaust Fans: Connect units to containment so thatall air enters at either
the personnel air lock or at the "bag -out" air lock. Locate fans so .that air. generally is
moving away from "the two air locks. Exhaust from building.
3.4 Waste Storage/Bag Out Area: Provide for a separate but attached waste storage area
complete with double flapped double airlocks. Size the area to hold all waste which is
anticipated to be removed daily.
3.4.1 Provide bag out area for piping in seating area.
PART 3. EXECUTION:
4. CONTAINMENTS FOR PIPE ABATEMENT:
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4.1 Coliseum Seating Area Piping: Abate piping between 4 air -handles per containment
area. Erect containment on two 60 foot section of scaffolding.
4.1.1 Provide 2 layers of 6mi1 poly to cover walls and floor. Provide two layers of
i Emil poly for ceiling.
4.1.2 Provide top cross bracing for ceiling. Cover to provide air -tight seal at ceiling
and around pipe.
f ' 4.1.3 Containment Walls: Erect containment with one layer of 6 mil poly as first layer
{, of containment. Apply second layer of 4 mil poly as interior layer for containment.
Poly all walls to form air tight seal in room.
02070-2
7,
i
3. GENERAL PROCEDURES:
3.1 Air Locks: Build double air locks of plastic sheeting at all entrances and exits to the
work area so that the work area is always closed off by one barrier when workers enter or
exit. Position so that all air entering the containment must enter through the air lock.
3.2 Decontamination unit: Decon unit shall be constructed to provide for stability for the
duration of the project. Units may be constructed of wood, PVC piping or a pre -fabricated
unit. Attach to containment to provide air tight seal.
3.3 Local Exhaust System: Provide a local exhaust system in the asbestos control area as
required to meet the asbestos control limit and ceiling concentration. Systems used shall
provide a minimum of four air changes per hour per work area. The local exhaust system
shall be in accordance with ANSI Z9.2, using high efficiency particulate air (NEPA)
filters. Equip exhaust openings with the necessary filters required to reduce airborne
asbestos concentrations to below the asbestos control limit. Local exhaust equipment must
be sufficient to maintain a negative air pressure in the asbestos control area. Strip recorder
or instrument which can record\document information shall be required.
3.3.1 HEPA Exhaust Fans: Connect units to containment so thatall air enters at either
the personnel air lock or at the "bag -out" air lock. Locate fans so .that air. generally is
moving away from "the two air locks. Exhaust from building.
3.4 Waste Storage/Bag Out Area: Provide for a separate but attached waste storage area
complete with double flapped double airlocks. Size the area to hold all waste which is
anticipated to be removed daily.
3.4.1 Provide bag out area for piping in seating area.
PART 3. EXECUTION:
4. CONTAINMENTS FOR PIPE ABATEMENT:
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4.1 Coliseum Seating Area Piping: Abate piping between 4 air -handles per containment
area. Erect containment on two 60 foot section of scaffolding.
4.1.1 Provide 2 layers of 6mi1 poly to cover walls and floor. Provide two layers of
i Emil poly for ceiling.
4.1.2 Provide top cross bracing for ceiling. Cover to provide air -tight seal at ceiling
and around pipe.
f ' 4.1.3 Containment Walls: Erect containment with one layer of 6 mil poly as first layer
{, of containment. Apply second layer of 4 mil poly as interior layer for containment.
Poly all walls to form air tight seal in room.
02070-2
7,
4.1.4 Air Locks: Build double air locks of plastic sheeting at all entrances and exits to
the work area so that the work area is always closed off by one barrier when workers
enter or exit. Position so that all air entering the containment must enter through the air
lock.
4.1.5 Decontamination unit: Unit shall be constructed to provide for equipment room,
functional shower, and clean room. Attach unit to containment doorway to form air
tight seal. Unit may be constructed of wood, PVC piping or a pre -fabricated unit.
4.1.6 Local Exhaust System: Provide a local exhaust system in the asbestos control
area as required to meet the asbestos control limit and ceiling concentration. Systems
used shall provide a minimum of four air changes per hour per work area. The local
exhaust system shall be in accordance with ANSI Z9.2, using high efficiency
particulate air (HEPA) filters. Equip exhaust openings with the necessary filters
required to reduce airborne asbestos concentrations to below the asbestos control limit.
Local exhaust equipment must be sufficient to maintain a negative air pressure in the
asbestos control area. Strip recorder or instrument which can recordldocument
information shall be required.
4.1.7 Exhaust Fans: Connect to containment so that all air enters at either the personnel
air lock or at the "bag -out" air lock. Locate fans so that air generally is moving away
from the two air locks. Provide flexible exhaust tubing to floor.area.
4.1.8 Waste Storage/Bag Out Area: Provide for a separate but attached waste storage
area complete with double flapped double airlocks. Size the area- to hold all waste
which is anticipated to be removed daily.
4.2 Concourse Supply Piping: The contractor shall erect a mini containment of wood or
PVC piping with two stage dry decon and HEPA unit for the abatement of the shielded
supply line adjacent offices.
4.2.1 Post barrier tape and warning signs adjacent work area.
4.2.2 Erect frame work to enclose shielded piping. Cover interior of frame work with
two layers of 6 mil poly. Provide floor of two layers of 6 mil poly. Attach HEPA unit
and two stage dry decon unit.
4.3 Piping in alleyway: The contractor shall erect scaffolding up to pipe to allow workers
to glove bag the vertical piping.
4.3.1 Provide continues strings of multiple glovebags for the removal. Attach all bags,
seal ends, and attach HEPA vacumm prior to beginning any abatement.
4.3.2 Set HEPA filtration device immediately below work area and exhaust from
building
4.4 Piping at Ramp 6: The contractor shall erect scaffolding tall enough to allow access to
pipes and glove bag insulation.
02070-3
4.4.1 Glove bag removal will be performed over poly drop cloth and drapes, sized for
scaffolding area.
4.5 Boiler room Piping: The contractor shall glove bag the sections of piping as indicated.
4.5.1 Glove bag removal will be performed over poly drop cloths, sized for area.
4.5.2 Glove bag approximately five feet or area covered by two glovebags. Encapsulate
and cover ends to provide airtight seals.
END OF SECTION - 02070
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02070-4
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SECTION 02080 - ASBESTOS REMOVAL METHOD
PARTI- GENERAL
1. DESCRIPTION OF WORK:
1.1 This section describes the removal methods for ACM thermal system insulation, ACM
ceiling treatment. The removal methods are the minimum acceptable.
1.2 All ACM removal shall be conducted inside a full containment with HEPA filtration
devices, with a attached decontamination unit.
1.3 Contractor shall visit site and review drawing to determine difficulties involved with
removal of the specified ACM materials.
PART 2 - PRODUCTS:
j -V '
2.1 Wetting agents_: Provide wetting agents for wetting ACM before disturbance, use either,.
amended water of diluted removal encapsulates.
2.2 Glovebags: Provide glovebags for removal of pipe lagging.
2.3 Sprayer: - Provide sprayer with capacity of delivering a spray under pressure.
2.4 Waste Containers: Disposal bags provide 6 mil disposal bags for ACM pipe lagging,
and sealed drums for floor tile.
2.5 Encapsulant: Provide lock down encapsulants for the encapsulation of fibers following
the abatement.
2.6 Airless Srayers: Provide airless paint spraying equipment for application of
encapsulants.
PART 3 - EXECUTION:
3.1 General : The following method applies to the removal of ACM pipe lagging and
ACM ceiling treatment.
3.2 Prior to removal all affected ACM shall be adequately wet to reduce the spread of
fibers and dust in the work area. The contractor shall remove the ACM in workable
amounts a time.
02080-1
3.2.1 The removal shall be conducted by teams. A team shall consist of one man doing
the removal, and one man below bagging waste.
3.2.2 At no time shall the removal method allow un -bagged amounts of ACM to
accumulate in the work area, and all waste shall be bagged in containment daily prior
to end of shift.
3.2.3 All bagged waste bags shall be wiped clean and placed in the waste storage area
prior to the end of that shift.
4. REMOVAL OF ASBESTOS PIPE LAGGING WITH GLOVE BAG:
4.1 The following describes the glove bag removal methods to employ for the ACM pipe
abatement in the boiler room and small sections of piping on the concourse area.
4.1.1 One person place hands in glove bag sleeves, while second person sprays work
area with amended water from pump sprayer. Wet exterior of lagging, cut slits in
lagging and wet again allowing for interior insulation soaking.
4.1.2 Remove section of pipe insulation inside glove bag with bone saw or utility knife,
while second person wets material, carefully lay removed materials in bottom of glove
bag, and soak with amended water.
4.1.3 Thoroughly rinse removal tools and place back in pouch. Remove scrub brush
and rags. Scrub/wipe pipe to remove remaining materials, clean and rinse thoroughly.
NO ACM TRACE AMOUNTS WILL BE ALLOWED TO REMAIN.
4.1.4 Spray encapsulates on thoroughly cleaned pipe, and seal both ends of remaining
ACM pipe insulation.
4.1.5 Collect all tools in one glove and pull wrong side out, out of bag. Twist glove
arm several times and tape in two places over twists. Cut between tape and place in
next bag.
4.1.6 Remove spray nozzle and twist opening and seal.
4.1.7 Clean interior walls of bag (pay particular attention to the top half of the bag)
with clean cloth.
4.1.8 Turn on HEAP vacuum to collapse bag, as bag collapses grasp tightly and twist
bag as close to piping as possible. Remove vacuum and seal opening. Tape around
twists so that it cannot unwind.
4.1.9 Loosen both ends where bag touches tape and remove bag
02080-2
5. BAGGING/STORAGE OF WASTE:
5.1 The contractor shall be responsible for proper bagging of waste and safe storage at the
job site. The following is the minimal acceptable:
5.2 Place all waste in labels disposal bag in containment, immediately gooseneck seal bag
and tape to seal. Stack and store bags in waste storage area.
5.3 In waste storage area wash and wet wipe bags to clean. Place disposal bag in second
bag, affix owners identification in/on bag, wipe clean, check for damage, and pass out of
containment.
5.3.1 Immediately load out waste onto trailer or in dumpster.
6. LOCK DOWN ENCAPSULATE AREA:
6.1 Prior to encapsulation the contractor shall clean the work area. Then remove second
(inside) layer of poly from walls and floor, HEPA vacumming throughly.
6.2 The contractor shall apply a lockdown encapsulant to the areas abated, as well as the
complete containment area.
6.2.1 Encapsulants shall be applied with airless sprayers. _
6.2.2 Allow drying time, then have area assessed by project consultant.
END OF SECTION 02080
02080-3
SECTION 02090 - CLEAN-UP AND DISPOSAL
1.1 This section describes the method contractor will employ for the clean-up and
disposal of work area.
•
2.1 Permits and Notifications: Secure necessary permits in conjunction with
asbestos removal, hauling and disposal and provide timely notification of such
actions, as may be required by federal, state, regional, and local authorities. Notify
the Regional Office of the U.S. Environmental Protection Agency and provide
copies of the notification to the Engineer. Provide notification in accordance with
CFR 61.22(d)(1).
2.2 Housekeeping: Essential parts of asbestos dust control are housekeeping and
clean-up procedures. Maintain all surfaces throughout the - building - free of
accumulations of asbestos fibers to prevent -further dispersion. Give meticulous
attention to restricting the spread of _dust and debris, keep waste from being
distributed over the general area. Use approved industrial vacuum cleaners with a
HEPA filter to collect dust and small scrap. The blowing down of the space with
compressed air is forbidden. Post appropriate asbestos hazard warning signs. In all
possible instances workmen shall clean up their own areas. Equip personnel
engaged in cleaning up asbestos scrap and waste with necessary respiratory
equipment and protective clothing.
3. DISPOSAL MATERIALS*
3.1 Contractor shall provide disposal bags with labels as required by NESHAP
regulations.
3.2 Contractor shall provide sealable metal or fiberboard drums for waste storage
and transportation.
3.3 Contractor shall provide an enclosed poly lined trailer for transporting of ACM
waste.
4.1 Collect and dispose of asbestos waste, scrap, debris, bags, containers,
equipment, and asbestos contaminated .clothing in sealed impermeable bags placed
in drums.
2090-1
4.2 Prior to placing in bags, or containers, wet down asbestos wastes to reduce
airborne concentrations.
4.3 Waste asbestos materials shall be disposed of in accordance with all Federal
regulations implementing the intent of the Resource Act (40 CFR 260-265) at an
EPA approved sanitary landfill. The "small quantity exclusion" of the regulations
shall not apply to disposal of waste asbestos materials.
4.4 Establish a temporary holding area approved by the Engineer for properly
packaged asbestos waste. This area is only to be used during the regular asbestos
Contractor's work hours prescribed in the paragraph "Sequencing/Scheduling" .
4.5 Contractor shall provide disposal bags with asbestos hazard labels properly
sized and stated as required by NESHAP regulations.
4.6 Contractor shall prepare and affixowners label as follows:
Owners name:
Building name and address
Contractors name and address
5. PRELIMINARY CLEANUP AND INSPECTION:
5.1 After all ACM materials have been removed, bagged, and transferred out of the
containment the air monitoring firm will inspect the work area to establish that all
gross amounts of ACM has been removed. Visual observation of asbestos materials,
dust or debris is not permitted on any surface in or around the work area.
5.2 Prior to notification, Contractor shall remove all bagged ACM and be ready to
start final cleanup. Contractor shall remove any additional sheets of floor or wall
covering, being careful to not break the containment.
AL CLEA
6.1 If Owner's representative does not take exception to Contractor's position (that
all gross removal is completed),. then Contractor shall proceed to thoroughly wet
clean and/or HEPA vacuum the entire work area. If the Owner's representative
feels that all gross ACM has not been removed, then the Contractor shall
accomplish whatever additional work is required to remove any residual ACM.
6.2 Clean work area in accordance with EPA approved methods: wet -clean the
entire work area (every surface, every fixed piece of equipment, every light fixture,
etc.), spray with a sealant, allow to dry. After this first cleaning, wait for dust to
settle and repeat the entire thorough wet -cleaning process. Following this cleaning
notify Owner's representative that the area is ready for final testing.
7. FINAL CLEARANCE TESTING:
7.1 Upon notification that the area is ready for ready for clearance sampling,
Owner's representative shall perform the clearance air sampling.
2090-2
7.2 Re -Testing for Final Clearance: In the event the work area does NOT pass the
first air clearance testing (the concentration of asbestos fibers is outside stated
limits), then Contractor shall re -clean the entire area b thoroughly wet -wiping
every surface in the work area (floor, wall, ceiling, etc � At the end of this re-
cleaning process the Contractor shall notify the Owner's representative who shall
again take the required air samples.
8. REMOVAL OF CONTAINMENTo
8.1 Once the area has been inspected and the fiber count is below the level stated
previously in specification section 02030, and after authorization from Owner's
representative, the containment shall be removed.
8.2 All workers shall continue to work in full - protective clothing: disposal
coveralls, powered, air -purifying respirators, etc.
8.3 Remove containment walls folding carefully so that the side facing into the
containment is on the inside of the fold. Cut walls into sections of sufficient size as
to allow disposal in 6 -mil bags.
8.4 Dismantle decontamination unit disposing of all waste materials in an approved
fashion. Ensure that all materials which are not to be bagged and delivered to waste.
dump site are thoroughly cleaned.
8.5 After all materials have. been bagged and the final .shipment loaded on the
vehicle for transport to the dump site, workers shall remove disposable suits, place
within waste disposal bag and load onto truck.
8.6 Contractor shall comply NESHAP regulation in 40 CFR and State of Texas
regulation for waste disposal in TAC.
8.7 Contractor shall manifest loads on State of Texas Waste Manifest, properly
executed.
8.7.1 Contractor shall submit manifest and landfill receipts to Engineer at
project close out.
END OF SECTION 02090
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SPECIAL COMMONS
i
NOTICE OF ACCEPTANCE
TO:
The City of Lubbock, having considered the proposals submitted and opened on the day of
199,_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that
your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City
Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the
execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and
required to be executed and furnished under the contract documents. It will be necessary for you to execute and d f n-nish.to the -City of
Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract - -
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and famish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
11
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existing basement boller room. Inspect site to
existing steam and condensate risers.
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existing steam and condensate return piping.
LOWER LEVEL FLOOR PLAN ASBESTOS ABATEMENT
SCALE: 1/16" - 1'-0"
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