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HomeMy WebLinkAboutResolution - 5087 - Contract - Vanco Insulation Inc - ACM Abatement, Mahon Library - 01_25_1996Resolution No. 5087 January 25, 1996 Item #26 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 Vanco Insulation, Inc., of Midland, Texas, to furnish and install all services and materials as bid for the ACM Abatement at Mahon Library, 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 Passed by the City Council this VID R. LANGSTON, MA ATTEST: a- a4e, Betty 94. lohnsoW, City Secretary APPROVED AS TO CONTENT: Victor Kilman, urchasing Manager APPROVED AS TO FORM: Dbrfald G. Van3iver, First Assistant City Attorney dp:ccdocslvanco.ros January 1Z 1996 Resolution No. 5087 Jan. 25, 1996 7 City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 r" 806-767-2167 I F F F I Office of Purchasing MAILED TO VENDOR January 5,1996 CLOSE DATE: January 11,1996 @ 2:00 P.M. BID #13452 - ACM ABATEMENT AT MAHON LIBRARY ADDENDUM 01 The following items take precedence over specifications for the above named ITB. 1%1= any item called for in the I M documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Proiect Bid Duration: In Section 01010, page 01010-1, deleteparagraphs 3 Z I through 3.Z.3 and replace with the following: 3.2.1 Base Bid Duration: The work shall be accomplished in 60 calendar days. This duration shall include abatement, mechanical removaUinstallation, clearance, teardown, weekends, etc. 3.2.2 Base Bid Abatement Workday. All work associated with Base Bid shall be performed between 7.•OOA.M. and 6: 00 P.M., Monday through Friday. 3.2.1 Alternate No. 1 Duration: The work shall be accomplished in 10 calendar days. 7hIs duration shall include cleanup, weekends, etc. 3.2.3 Cleanup Workday. All work associated with Alternate No. 1 shall be performed between 10:OOP.M. and 6.•OOA.M. 2. Pre -Inspection for Damage: In Section 01100, page 01100-2, add thefollowing paragraph: 6. Pre -Inspection: 6.1 Contractor shall inspect and report any pre-existing damage to ceiling tile, ductwork, insulation, etc. Report damage before starting any work activities Any damage discovered at final inspection which was not reported previously shall be assumed to be the result of abatement activities and shall be repair at the Contractor's expense. F a1345ZAdd No.1:1&M 3:53 PM t 3. Discharee from HEPA Fans: In Section 02070, page 02070-2, a&thefollowing paragraph: r 3.4.2 Direct all HEPA fans so that they discharge into the existing unused storage area. Provide secondaryfan and connect in series with first fan so that all air has to go through two HEPA filters. 4. Removal of Mechanical Equipment: In Section 02083, page 02083-1, add the following: 1.6 Remove all mechanical equipment as necessary to gain access to ACM materials Reinstall all equipment at the end of abatement activities 5. Describe Specific Abatement Procedures: In Section 02083, page 02083-2 add the following paragraphs: 5.8 Columns. Remove all gypboard and associated metal studs around columns in the mechanical rooms Abate all fireproofing on all columns 5.9 Foam Opening In/above Walls. Install foam in all voids around beams, between header plates and,Jloor-decking, etc. This foam is necessary to ensure an airtightJoint at walls, etc. Abate all asbestos up to andJlush with the interior surface of the wall. 5.10 Overspray. Remove all overspray from all conduit pipe duct, etc. 5.11 Tunnel to Controls: Provide poly "tunnel" to control in the northwest mechanical room. 6. Specify Cleanine Procedure for Alternate No.1: 6. Cleanup Above Existing Lay -In Ceiling: 6.1 Objective: Cleanup loose ACM debris (from ACM -fireproofing on overhead structural -members) laying on top of existing lay -in ceiling. 6.2 Area to be cleaned.- A four foot wide band of ceiling directly under all fireproofed structural members. 6.3 Preparation: 6.3.1 Move furniture beneath area to be cleaned. 6.3.2 Lay poly drop sheet over fixed shelving, etc. 6.3.3 Lay poly drop cloth under ladder. 6.3.4. Shutdown air handler for area in which cleaning is being conducted. 6.4 Employee Protection: All workers shall be in disposable suits with a minimum of half -face respirators. 6.4.1 Upgrade respirator protection as directed by on -site air monitoring personnel. F 6.4.2 At the end of a work period, the worker shall move to remote decontamination unit. 6.5 Cleaning Procedure: 6.5.1 Lift up ceiling the adjacent area to be cleaned, but not directly under any structural member. 6.5.2 Vacuum the top of a four foot wide strip of ceiling tiles under structural members (two foot to either side of fire proof beams). 6.5.3 Vacuum and/or wet wipe any debris which might fall into drop cloths 6.5.4 Do NOT disturb existing -to -remain fire proofing. 6.5.5 Re -install ceiling tile, move to next ceiling file and repeat cleaning procedure. 6.6 Time Period: All work shall be done when the library is closed (10. 00 P.M. to 6.-OOA.M.). All work shall be completed In no more than five working days. 7. Add Drawings: In Section 02083 add the attached drawings with page numbers 02083-3, 02083-4 and 02083-5. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: PLEASE RETURN ONE COPY WrM YOUR BID. Ron Shuffield Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)767-2164 nn 03452Add No.1:1AM &63 PM r FoC W 11 t ai.ly ji� � G7KE ,7rFKC� clllit I C't.cS Cir10E— -PUTA 1.RPEr�TER C 5!X'PIY / 7 D;sl"Y (�\� S AND CUSTODIAN STCRA GE ' FREIGHT E AEC ltNG FREP. I Q T'w p ... SHOP � ��..._. , r + �%� � . :{� d� r c�,S /t � . % , F,►3 4��Z t,l � �.R.c.Q� �. Como I " Fxr. TECIOACAL SERVICES J fl: Q :A: A ') J, l try MEN r g:�cf 'pa,rG l •- � � is All vloo W '• -- VECH Lty '•:�:. � ». . .•.roc. .•::':•� •':� - ._. �• .,. �:• ..-:••�i. . • • < I1 M i"i�E Sj�r�i��llw' .� L � � � _ x ' r Cry A• ,qir - �::a_:c.•-:^�..�^-_+�.ac•^+cvr..+ss:>:� as. � uu�.w-.ct 4:r:=�sxrx•.�t� +G.+orasZ.: � :. v___ a ��-zr_r�.:�i_�`�.^ :�'�' 3.:^..'t �r:��--�•1 eet No. 2 Basement Floor Plan IN CG cp tN L"ll CROSS -HATCHED AREA INDICATES AREA TO BE CLEANED. CLEAN ASBESTOS DEBRIS FROM TOP. OF EXISTING LAY -IN CEILING. LEAVE EXISTING BEAM AND FIRE -PROOFING IN -PLACE. FIRST FLOOR PLAN - ASBESTOS CLEANINGlesvwfll Qq SCALE: I" = 3 0' - 0" ALT # I No Text r r CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: ACM ABATEMENT AT MAHON LIBRARY ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13452 PROJECT NUMBER: 9534.9211 CONTRACT PREPARED BY: PURCHASING DEPARTMENT ION l r i 1. 2. 1 3. 4. S. ' 6. 7. S. 9. t 10 11 1 i I. L i 1 F {GM INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITION NOTICE TO BIDDERS F 7 NOTICE TO BIDDERS BID #13452 7 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 11th day of January.1996, or as changed by the issuance of formal addenda to all planholders, w furnish all labor and materials and perform all work for the construction of the following described project: "ACM ABATEMENT AT MAHON LIBRARY" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the 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 25th day of January,1996, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 1001/0 of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior• as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 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 ten (10) days after notice of award of the contract to him. L 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. There will be a pre -bid conference on 4th day of January. 1996, at 11:00 o'clock a.m., in the Purchasing Conference Room, L-04, 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. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible �. format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting. t CITY OF OCK LPUR R CHAS G MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. P - 3 , GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 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 MAHON LIBRARY. 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. BIDDER INOUHUES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK. TX 79457 FAX (806)767-2164 5. TM E AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 20 (TWENTY) 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. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID " The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. r. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines V l rim 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, k at Contractor's expense. t" 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. x is. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. t t 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 4 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will C be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates Punished 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. f-' 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of 6 . r general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article S 1 S9a, 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. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, 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 Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified acid must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. r C� ��.� � ._, � '[..�_. ���� ice. L�.. �_. ��. �____: L�.� ��:, �a�. CP.:; �� ��_� �. n i 7 BID SUBMITTAL LUMP SUM BID CONTRACT r PLACE: 1QJMWING MAtaGE R 1 S OFFICE, %CM Ir04 ;DATE: JWU4RY 11, 1996, 2:00 PM ,PROJECT NUMBER: 13452 - ACM ABATEMENT AT MAHON LIBRARY r 'L 'Bid of VWM IN-"T= AM'T""T• TNC• (hereinafter called Bidder) 7 the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: F1'he Bidder, in compliance with your invitation for bids for the construction of a ASBESTOS ABATE WWr 7 l iaving carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the Itended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to nstruct 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. F,IATERIALS: SIX TfIJIWM, SEVEN HUNDRED, T4i]i W TWO (S 6,732.00 � SERVICES: WNTY THREE IM-WM, EIGHT IMMED SMY TWO (s 23,862.00 ) 76'OTAL BASE BID: THIRTY THOUSAND, FIVE: HUNDRED, NINETY FOUR 30, 594.00 ) ALTERNATE NO. 1: Clean asbestos fire proofing from top of selected lay -in ceiling tiles on the first and second floors !' .4ATERIALS: OJE AND, TWO HUNDRED, FORTY TWO (s 1,242.00 7ERVICES: FIVE 71imAND, SIX HUNDRED, FIFTY EIGf3P (S 5,658.00 1 -OTAL ALTERNATE NO 1: STX THIMISAND, NME HU[DID (S 6,900.00 ) 7 [ Nmount 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 4pw project on or before a date to be specified in a written "Notice to roceed" of the Owner and to fully complete the project within 20 (TWENTY) consecutive calendar days thereafter as stipulated in is specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of l ** RDCETVED ORE AUDEaN E0 (SIXTY) PON $250.00 fTWO HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more filly set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction 7 number 21 of the General Instructions to Bidders. L, 7 Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. r 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. L Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of raward of the contract to him. t Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (S ) or a Bid Bond in the sum of SWW WWSAND,FIVE Dollars (S 7, 5W• ), which it is Fagreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. 4 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. M SEAL CORPCUTION r•(Seal if Bidder is a Corporation) ST: r G Secretary Autho9ze&eigfiaturc COY CROW (Printed or Typed Name) W-000-010 1O I NO WVzY.V% 3,0 Company 5504 S0. FM. RD. 1788 Address MIDLAND N1ME= City, County TEXAS 79706 State Zip Code Telephone: 9( 15 ) 561-9224 Fax Number: 9( 15 ) 563-4461 7 i THE AMERICAN INSTITUTE OF ARCHITECTS AAA Document A310 r F Bid Bond #300541 KNOW ALL MEN BY THESE PRESENTS, that we Vaneo Insulation Abatement, Inc. More insert full mme and address or legal tide of Contracted 5804 So. Farm Road 1788, Midland, TX. 79706 as Principal, hereinafter called the Principal, and The General Auto Insurance company °iffei""" lull"""" arid a6" °' too ""' °'s1fe4ts 1200 Walnut Hill Lane, Irving, TX. 75038 a corporation duty organized under the laws of the State of Texas as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock Piero insert full nanw and address or legal tide of Owned 1625 13th Street, Lubbock, TX. as Obligee, hereinafter called the Obligee, in the sum of Seven Thousand Five Hundred and 00/1 0 Dollars tS 7, 500.00 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Piero insert full name, address and description of projeco various locations; Vat and Glovebagging Piping - Mahon Library r Lubbock, TX. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shalt enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds u may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obliges the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 8th day of January 19 96 Vanco Insulation Abatement, Inc. (Principal) (Seal) fitness) —� 'V C7t7Y (Title) HMMENT� � The neral Abto Insaall e ningLM (Sean fitness) _ Anne M. Brennan Mde) Attorncy-in-Fact AIA DOCUMENT A31141 • 810 BOND • AIA 0 • FEBRUARY 1970 ED • THE AMERICAN i INSTITUTE OF ARCHITECTS, 172S N.Y. AVE., N.W., WASHINGTON, 0. C. 20006 r E f b The General Auto Insurance Company ` POWER OF ATTORNEY 0 O 5 L:1 KNOW ALL MEN BY THESE PRESENTS: That The General Auto Insurance Company, organized P Y� r9 and existing under the Laws of the State of Texas does hereby nominate, constitute and appoint: Anne M. Brennan and William J. Ballay and Michael J. Friedrich l of Chicago, Illinois ` Its true and lawful Attomey(s)-in-Fact to make, execute, attest, seal and deliver for and on its behalf and as its act r. and deed bonds or other writings obligatory in the nature of the bond on behalf of said Company, as surety, bonds, undertakings, and contracts of suretyshipto be given to all obligees; provided, however, that no bond or undertaking or contract of suretyship executed under this authority shall Exceed the amount of One 1Vlillion Two Hundred Fifty Thousand and Ooiloo--- Dollars ($ •a•tL RM nn_• • ). This Power of Attorney Is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of The General Auto Insurance Company on December 1, 1992: 'RESOLVED, That anytwo officers of the Companyshalfhave the authorityto make, execute and r- delivera PowerofAttomey constituting asAttomey(s)dn-Fact such persons, firms or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to anysuch Power of Attorney or any certificate relating thereto byfacsimlle; and anysuch Power ofAttomeyorceriificate beadngsuch facsimile signatures orfacsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undertaking to which H u attached." IN WITNESS WHEREOF, The General Auto Insurance Company has caused its corporate seal to be hereunto affixed, and these presents to be signed by two duly authorized officers this 20th day of February, A.D. 1995. THE GENERAL AUTO INSURANCE COMPANY REYB Robert J. Lucia)President *sr By: ul E. Ellis, Vice President THE STATE OF OHIO CUYAHOGA COUNTY On this 20th day of February, A.D.1995 before me personally came Robert J. Lucia and Paul E. Ellis, President and Vice President, respectively, of The General Auto Insurance Company, to me known to be the Individuals and officers described herein, and who executed the preceding Instrument and acknowledged the execution of the same and being duly sworn, deposed and said that they are the officers of said Company as aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and that said corporate seal and signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of said Company, and that the resolution of said Company referred to in the preceding instrument Is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. I � �w Notary Public, State of Ohio i' I, Barry W. Moses, Secretary of The General Auto Insurance Company, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney issued by The General Auto Insurance Company, and that the same remains In full force and effect and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth above, remains in full force and effect and has not been revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Co y at Cleveland, Ohio, this 8th day of January A.D.,1996. r o we(j, B&Y W. ose , Secretary r "o a LIST OF SUBCONTRACTORS Minority Owned Yes No 1. ❑ ❑ 2. ❑ ❑ 3. ❑ ❑ 4. 0 0 S. 0 ❑ 6. ❑ ❑ 7. ❑ 0 8. ❑ 0 9. 0 0 10. 0 0 PAYMENT BOND '0. jkj,� oAhy BOND CHECK BEST DATING LICENS i TEXAS DATE BY 1/1996 11:59 4092911217 WYATT AGENCY �a-yam wtL A F0 PAGE 02 r 7 STATUTORY PAYMENT BONI) YURSUAN f TO SECTION 2253.021(a) � 300742 OF Tim TEXAS GOVERNNU 4T CODE (CONTRACTS MORE THAN S23.000) Vanco Insulation Abatement, Inc. KNOW ALI, MEN By THESE PRESENTS, that -- — (hereinafter sailed the Principal(s), as Prindpat(s), and The General Auto Insurance Company (herelwdl4r called the Surety(s), as Suraty(s), arc held and firmly bound unto the City of Lubbock (herelnalter called the Obllgm), in r the amount of _ Dollars (S 31,494.00 ) lawful mom7 of the United States for the paywat whereof, the said Principal and Surety bind thcrosclves, and their heirs, adminismtors, executors, successors and assigns, jointly and severally, ftrtnly by these preens. r WfiFREAS, the pp�,�nclpal has entered into a certain written contract with the Obligee, dated the 26th day of January ,19 6,to Remove Fireproofing from 3 Mechanical Rooms r Mahon Library 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 contrad is hereby referred to and trade a part hereon[ as fully and to the game extent as ifcopied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCN, that if the said Pdnclpal thatt pity all claimers supplying labor an4 snatc W to him or a subcontractor in the prosecution of the work provided for In said contract, then, this obligation shall be vpid, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be dewmined in aeoordmwc with the provisions of said Article to the sate extent es if it were copied at length herein. IN WITNESS VACREOP, the said Pdncipal (s) and Surety (s) have signed and sealed this tusbument this 21st day of March 19 96 The General Auto Insurance Company Surety *8y. (Tide) At orney-i n-Fact F" Vanco Insulation Abatement, Inc. FAndpal By: - ir resident By: - --- (TWO BY, -- (Me) 03/27/1996 14:59 4092911217 WYATT AGENCY train uc Walker The � surety company r ;Tmnts that it is duly qualified to do busitus9 in Tc.xw, and herriry designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom senicx or process may be had in matters arising out of such suretyship. P.O. Box 2783 _. The General Auto Insurance CorWny Lubbock, TX 79408-2783 806-763-7306 Surtsey (Tit e� Attorney -•in -Fa Approved as to form. - By: Ci torney r * Note: If signed by an offiecr 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. r F r" r r F The General Auto Insurance Company N-o 300742 POWER OF ATTORNEY KNOW ALL MEN 8Y THESE PRESENTS: That The General Auto Insurance Company, organized and existing under the Laws of the State of Texas does hereby nominate, constitute and appoint: Anne M. Brennan and William L Bafty and Michael L Friedrich of Chicago, Illinois Its true and lawful Attomey(s)-in-Fact to make, execute, attest, seal and deliver for and on its behalf and as its act and deed bonds or other writings obligatory in the nature of the bond on behalf of said Company, as surety, bonds, undertakings, and contracts of suretyship to be given to all obligees; provided, however, that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of One Million Two Hundred Fifty 116oasand and oo/loo— Dollars ($ •*•t_2Agft-r -o0ft2• ). This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of The General Auto Insurance Company on December 1, 1992: 'RESOLVED, That any two officers of tire Company shall have the authority to make, execute and delivers PowerofAttorney constituting asAttomey(s)-in-Factsuch persons, flans orcorporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be afffzed to any such Power ofAttomey or any cerfiflcate ftlating thereto by facsimile; and anysuch Power ofAttomeyorcerbWcate bearing such facsimile signatures orfacsimlle seal shalt be valid and binding upon the Company In the future with respect to any bond or undertaking to which R is attached" IN WITNESS WHEREOF, The General Auto Insurance Company has caused Its corporate seal to be hereunto affixed, and these presents to be signed by two duly authorized officers this, 20th day of February, A.D. 1995. THE GENERAL AUTO INSURANCE COMPANY v Ito ws�� By: y, Robert J. Lucia,1 President � By: eul Foul E. Ellis, %fice President THE STATE OF OHIO CUYAHOGA COUNTY On this 20th day of February, A.D.1995 before me personally came Robert J. Lucia and Paul E. Ellis, President and Vice President, respectively, of The General Auto Insurance Company, to me known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being duty swom, deposed and said that they are the officers of said Company as aforesaid, and that the seal affixed to the preceding instrument Is the corporate seal ofsald Company, and that Bald corporate seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Company, and that the resolution of said Company referred to In the preceding instrument is now in full force and effect. IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. $� Lw SMe atCC9ti C9w Ap,� QS4jL-' yrc°"�'""'°°�""�`� � ' CF Notary Public, State of Ohio 1, Barry W. Moses, Secretary of The General Auto Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney issued by The General Auto Insurance Company, and that the same remains In full force and effect and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth above, remains In full force and effect and has not been revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Co ly at Cleveland, Ohio, this 22nd day of February A.D., 1996 r B y W. or , Secretary r FThe Genera! Auto Insurance Company Surety Asbestos Rider r To be attached to and form a part of bond # 300742 in the amount of $37,494.00 on behalf ofyanco Insulation Abatement, Inc. as principal, and executed by The General Auto Insurance Company as surety in favor of City of Lubbock as obligee. This bond is executed on the following express conditions, which are precedent to any recovery hereunder. FIRST: The surety shall not be liable under this bond to the Obligee(s) unless the Obligee shall make payments to the Principal strictly in accordance with payment provisions of the contract between the Principal and the Obligee and said Obligee performs all of its other obligations required to be performed under said contract at the time(s) and in the manner therein prescribed. SECOND: This bond is not intended to be derived as any form of insurance coverage, therefore, it assumes no liability or insurance for any insurance required under the contract. Further, that no claim, suite or other action can be brought against this bond because of any insurance requirement contained in the related contract, including but not limited to the lack of insurance coverage or inadequate coverage. TH I RD: That no claim, suite or other action can be brought against this bond by anyone other than the named Obligee and those expressly authorized to do so by the statutes applicable to this bond. Signed, Sealed and Dated: February 22, 1996 By: to By: f/ -- Attomey-In-Fact - Th G By: wittness attesting to 9gr Insurance Company of AttomevAA-Fact ;z AC - 9 Date Date February 22, 1996 Date February 22, 1996 Date F CREDIT GENERAL 649 P02/02 MAR 04 196 14:36 Cr I CREDIT GENERAL INSURANCE COMPANY F 4 March, 1996 Victor Kilman City of Lubbock, Texas, Dept. of Purchasing RE: Vanco Insulation Abatement, Inc. Bond# 300742 Mahon Library Fireproofing Removal Dear Mr. Kiiman: The General Auto Insurance Company, one of the Phoenix Group of Insurance Companies, has in place the customary reinsurance surety treaties and we have as our partners all "A" rated carriers as seen in the industry publication, Best's Key Rating Guide of the AM Best Company. Our partners are Allstate Insurance Company, Security Insurance Company of Hartford, Chatham Reinsurance & Generali- U.S. Branch. hope this information is of help to you, should you have any questions just call me. Sincerely, Jerry Sure F ontenaro ty anager Lakepoint Office Park • 3201 Enterprise Parkway - Beachwood. Chin nd, 0n FAX i TO: Victor Kilman City of Lubbock, Texas Dept. of Purchasing Phone Fax Phone 806-767-2164 Date 03104196 1 Number of pages including cover sheet 1 FROM: Jerry A. Montenaro Credit General insurance Company 3201 Enterpn"se Parkway Beachwood, Ohio 44122 Phone � 1-800-882-7764 Fax Phone 216-831-7009 1 CC. ' REMARKS: (] Urgent ® For your review ❑ Rep ASAP ❑ Please Comment i RE: Vanco Insulation- City of Lubbock, Mahon Library Fireproofing Removal Our limits are $1,750,000. Single Job and $4,000,000. Work P�ogram per Contractor, before we need to seek additional authority for a contract above thosejimits. THX Jerry PM PM i ti PERFORMANCE BOND (P4A � eCAjt&� MAbnpaV(,i-a L "� L" " ►i BOND CHECK BEST RATING LICENS DN (TEXAS ' ORTfi":}} f.r`�BY tr t r THE GENERAL AUTO INSURANCE COMPANY 1200 Walnut Hill Lane, Suite 2550, Irving, Texas 75038 PERFORMANCE BOND Bond No. 300742 Amount $ 37,494.00 Know All Men By These Presents, I That we, Vanco Insulation Abatement, Inc. 5804 So. FM Road 1788 Midland, TX 79706 (hereinafter called the Principal), as Principal, and The General Auto Insurance Company, Irving, Texas, a corporation duly organized under the laws of the State of Texas, (hereinafter caned the Surety), as Surety, are held and firmly.bavnd unto Citx of Lubbock P:off Box 2000 Lubbock, TX 79457 (hereinafter caned the Obligee), f Thirty Seven Thousand Four Hundred Ninety Four & 00/100-- In the sumo Y Doliars ($ 37,494.00 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seats and dated this 22nd day of February , 19 96 THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated January 26, , 19 96 for Removal of Fireproofing from 3 Mechanical Rooms - Mahon Library In accordance with the terns and conditions of said Contract, which is hereby referred to and made a part hereof as If fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and to the manner In said Contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: (over) FForm PSGA•1 1/95 The General Auto Insurance Company N-o 300742 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That The General Auto Insurance Company, organized P Y. r8 and existing under the Laws of the State of Texas does hereby nominate, constitute and appoint: rAnne M. Brennan and William L Ballay and Michael L Friedrich L of Chicago, Illinois Its true and lawful Attomey(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf and as its act and deed bonds or other writings obligatory in the nature of the bond on behalf of said Company, as surety, bonds, undertakings, and contracts ofsuretyship to be given to all obligees; provided, however, that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of One Million Two Hundred Fifty Thousand and oonoo— Dollars ($ R••L250M0,00••• ). This Power of Attorney Is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of The General Auto Insurance Company on December t, 1992: 'RESOLVED, That any two officers of the Company shall have the authority to make, execute and delivera PowerofAttomeyconstituting as Attomey+(s)in-Factsuch persons, firms or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be atiized to any such Power ofAttomey or any certificate helating thereto by facsimile; and anysuch Power ofAttomey or certificate bearing such facsimile signatures "facsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, The General Auto Insurance Company has caused its corporate seal to be hereunto affixed, and these presents to be signed by two duly authorized officers this. 20th day of February, A.D. 1995. THE GENERAL AUTO INSURANCE COMPANY L to Viso ..-. �a a Robert J. Lucial President By: Pfiul E. Ellis, Vice President THE STATE OF OHIO CUYAHOGA COUNTY On this 20th day of February, A.D. 1995 before me personally came Robert J. Lucia end Paul E. Ellis, President and Vice President, respectively, of The General Auto Insurance Company, to me known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being duly sworn, deposed and said that they are the officers of said Company as aforesaid, and that the seal affixed to the preceding Instrument is the corporate seal of said Company, and that said corporate seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Company, and that the resolution of said Company referred to in the preceding instrument Is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. .'r_ Vie. E rF.F�tiC71' �gmryPyryC coo MYc°"tm'o7DP"'D1b6� PIP Notary Public, State of Ohio t � I, Barry W. Moses, Secretary of The General Auto Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney issued by The General Auto Insurance Company, and that the same remains In full force and effect and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth above, remains in full force and effect and has not been revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Co y at Cleveland, Ohio, this 22nd day of February A.D., 1996 Jtp /MaV r B&y W. Pose , Secretary I. ' 1a The General Auto Insurance Company Surely Asbestos Rider To be attached to and form a part of bond # 300742 in the amount of $37,494.00 on behalf of Vanco Insulation Abatement, Inc. as principal, and executed by The General Auto Insurance Company as surety in favor of City of Lubbock as obligee. This bond is executed on the following express conditions, which are precedent to any recovery hereunder. FIRST: The surety shall not be liable under this bond to the Obligee(s) unless the Obligee shall make payments to the Principal strictly in accordance with payment provisions of the contract between the Principal and the Obligee and said Obligee performs all of its other obligations required to be performed under said contract at the time(s) and in the manner therein prescribed. SECOND: This bond is not intended to be derived as any form of insurance coverage, therefore, it assumes no liability or insurance for any insurance required under the contract. Further, that no claim, suite or other action can be brought against this bond because of any insurance requirement contained in the related contract, including but not limited to the lack of insurance coverage or inadequate coverage. THIRD: That no claim, suite or other action can be brought against this bond by anyone other than the named Obligee and those expressly authorized to do so by the statutes applicable to this bond. Signed, Sealed and Dated: February 22, 1996 P al By:. to By: Attomey-In-Fact - TEE By: Wittness attesting to 4 General Auto Insurance Company Qnature of Attomev -Fact _.�-Z - Date :1 -�'G - Q CP Date February 22, 1996 Date February 22, 1996 Date F F, CERTIFICATE OF INSURANCE R— 1 2— 9 G T U E 1 1: 5 1 P.03 - - " --. - • ••;•• • " - _•_- ...' •.l•.:'• 1l-Y :�• i � .11:-: Y�II-•• :: •i • ::-1 i :.:t•: ! : Y;: ..,.•.� . • .., •, t� . • S � . � .-•-3Tr- ' . •' �.:•:ti '•::ti iti} �y;;;� ,;tiv;:.•ti•;:':;. ;� :: Y . t. '` .:• GAYE (MMlDDl1 Yy ................. : ; :•ti. t•.•.S:Y: i :..•.:•::•.i••••iti•• :•...:t �.Y. •1 i :.:t.t :: Y•P: i ::.. :. ;...�:;ti;}::•:`:.:•:;1Li;Y;{•;i:':k�.ti;�;• ��;•ti,t.:ti ; tY •.'�1;{.; /rib •• .:•t t. PRODUCER TH13 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BONDING It INSURANCE SPECIALISTS AGENCY, INC. ONLY AND CONFERS NO FLIGHTS UPON THE CERTIFICATE 717 SOUTH WELL§ STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CHICAQp, It 6066Y COMPANIES AFFORDING COVERAGE µ CGMPAMf A TIG SPECIALTY INSURANCE COMPANY_ - � ENSURED — VANCO INSULATION ABATEMENT, INC. COMPANY g GENERAL AGENTS INSURANCE COMPANY 5804 SOUTH FARM ROAD 1788 COMPANY MIDLAND, TX 79706 C COMPANY — D t� 'Y4S;•;. '.; • . t:.;.}::::-:• •..• �.� .. • Y.tt'� :: - ` :.a;{•}};{:':.•.• •:.ti;4;•;{•;•1 ..•..•� �,��� .,..•..Y. • .:•i • :Y: ✓ •..V, :• :.�Y;•;•... .,.:•.Y•S •• �pp.�.S :•ti;.,•}••'Fi i : Y Y . • • i•: YY::. • •. :`: :•:btiii•':: .: •:•:•:�tiY':: • � :aS � •;•,�;• •, • •tt•.-•} 1 ':}.1}� . i {•:k� �'k••:� .:.'•:: S�R'S . - .�► . . �t . .t ..t:•:..t .........t:.t•.. ,•......:..::..: _ . _ .•}:•:t••:{•.•.•.tit ...•.. ti•.•::.•.•....tti::::•.::•.•.. . ✓.t�':4•::'.:tt .:. .:•::�: : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT40, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W(TM RESPECT TO WHICH TEAS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIhATT6 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 00 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDUM POLICY EXPIRATION DATE (MMADDfM LIMITS OENERAL LIABILITY GENERAL AGGREGATE f 1.000,000 PROOUCTS • C0MPIOP AGO I . 1,000.000 I A X COMMERGAL 064ERAL UABtLTTY CLkMS MATTE rX OCCUR 372-63994 9/9/95 919/96 PSRWNAL I. ADV hJURY OWNER'S E CONMACTOR'S PRO7 EACH OOWRRZ-wCE -. �I'000,Goo i• 1 000 wo X ASBESTOaEAD FIRE DAMAOE (Any one firm) S 60,000 ASAT MENt MED EXP (Any ON parson) _ : 6,000 B AUTOM0811-15I LIABILITY ANY AU YO : GSA 014480 11122/95 11/22196 COMaINEb srNGLE LWtff s 500,000 EODILY INJURY Ole: pa—nj- : ALL OWNFD AUTCB X SCHErAJLED AUT& ®DOILY PI. y (Pw accldorRj j X HIRED AUTOS X NON-OW1`IED AUTOS �-- — PROPERTY DAMAGE j GARAGE LIABILITY AUTO ONLY - EA ACGf) w '<~ OTHER THAN AUTO ONLY: ANY AUTO - EACH ACCIDENT i - ry AGGREGATE M I EXCESS LWRUTY i EACH 00"AENC'E = _ AgOREOATE iv UM6RFLlA FORM 4 OTHERTHAN LWf;PEt LA FORM WORKER'S COM ENS.1T10N AND - - STATUTORY Lurra EMPLOYERS' LIAiMLITY, &CH ACCIDENT � S~ THE PROPRIETOR) INCL PARTN6R5=0carnv6 - DISEASE - POLICY LIMB f M �- _ OIS6A$E -EACH EMPLOYES f OFFICERS ARE; EXCL t THE CITY OF I-UBSOCK Is AN ADDITIONAL INSURED ON THE AUTO AND GENERAL LIABILITY. :.v'•'- �•F• .. WIN.•�. • . :^.:-:. - Y:::::': • . twNvy�.v �M.,i•,J,{WI�:� }':;P:':• • . Y: •;•, •::.•:t• .. t ... '� titti};•1;1, • .•:•:'.{ :•:�:.. �•:: •'::•: •":::::. � :::':•:•:•:•:t�:ti•• :•: •:•:: i i :•i •^ Y • ti .'. 1•.::•::... •{{{•:•.i i•�'{S :'• ....tttit••:{{{{ttt:•:ti{: : SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CAHCFLLG0 6EFORfi THE EXPIRATION DATE THEREOF, THE ISBUINO COMPANY MALL, ENDEAVOR TO MAIL CITY OF LUBSOCK ATTN: R6N SHUFFIELD, SENIOR BUYER P.O. BOX 2000 LUBBOCK, TX 70457 DAYS WRITTEN NOTICE TO THE CERTIFICATEHOLOFRNAMED TO THE LEFT. BUT FAILLI AIL SUCH NOTICE SHALL IMPOSE NOOOL104710M ORLIADILITY NY I UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUT D RESENTATNEE MAR— 1 2— 9 5 T U E 1 1: 50 r• • rr.•,.•r:t t•�rcn•.•::.e.+r:'•'�,,.ti•. '•.:.:'•,ti. •,:vY+;sY.i. .,I,•,•Y;)h{. .,{ ...yS,•'r•W: .•:<.r,•, •• -+ •:.1'.:r:.: %�1i�V�A� b � ( ''• �':�:� � ••: '• -i;.,.,•': .:•; •; '•'•'•'••' •. :•.•.::•::.',. •, •.r: •:• ria k Ir.,r,:l'r,'r• • j}'�7� ' • j1y ��ff +�f',•, )��a`,/�� {ry, fj� j}��y�j�'�•'' .'. .. • `..,.�• • �;: • :. � . . i'.;, :'.•.:: ;.�tii � 1 • •. •••i7;Y ;ea`}.•V,. ,';•.�• .• Y^.^n S:r:•i•3T .'.•...'.4'.•.1" •' '-'.•. r . •:'. .••�. • . , ; ..•u•••�.._:.::7...4,'.L: _.._•'..!•••!:•'I :6'L•. •LI •WS.r':•'71.1' L:..y'::. _..._.... PlrnouGEtt T'IIIS CC-fj*(1FIC;AT6 IS 1SSUE0 ASP A MATTI-M ttf- jtjV KW4: ioN SONVINQ B INSIXANCE SPECIALIS-IS AGENCY, INC. ONLY AND CONFLkt IIQ RiOfflS UPON THE Of-WrIF(CATE 717 Wum 1(Vw'i L dSTREFT Wif DFR. ups CE:irfiI'I4ATE hOLS 1401 AMMn; EXTEND OR n..A�dF�il'�L.+t�VFF�l�S3Iw..At'fLR11 !? v,.rL1;.F.9U� ;1 F�nw— CH{CACU, if. 8bi311� COMPANIES AFCOF2U(NO CUVrRAGP rfiVtl'AtJY I HE GE-NIFHni At)T0 1145U tANGF. C eWPANY Cu1lFAi,Y CITY OF UHIJOCK � P O tU( K2fl()o ,.,a11�A1rr LUE3AcX K TX 70457 C ___, . ._ _ •_ -. _ . L L,. %• �•r•••r.L��,ti�.:S� •:�."1 • •w,••��•s,�• ,rv� •.r+++s r,.;`•.-r• :n^.•: •r►'^'^••'v : •::.•:+.' : .w. r•.•n �•, Tr••;• r,.,v,.•r ,• - .., , ;•;.+fir 1W'ry Tr 113 IS TG-Pk7'1F'Y MAT TI IE POLICIC1i OF INSURANCE LISTED BELOW 14AVE BEEN ISSLIC0 TO 1 m PixlCY PCAM INMAT EO, NOTWIMSTAWANG ANY ACQU11RELIENT, !RM OR CONDITION UP AeIY CAt11'RACT Oft C)Ttirft COCA k irN T WiTM Rti ;i-L.cT Tt*)'JVI IIL:H TNtS CERTIFICATE MAV BE ISgUeli OR MAY KR.TAIN, TMC 9NVVIIANCt! AFFORoeo e Y -r iE POI 04S 0931: RSO HLAL's1 IS 41,18, k:CT TL) 41. TI IE tErtMs, EXrX CI.SIQNS AND _ormo `CIOuS t•J►' cuoi POLKWO LWITA SkOWN MAY HAVE SEEN RM)CLIv hY PAIO MAIMS. +-, TYPR OP W!U)AANCE - - POLICY NUMBER POLICY CFFECVVE lomlcv AX?4R.4Tlrltt 1LTA r1n11S OATE trltr&vINYYI [lA rE (MM0411M &. At?IEIiAL LIAQN 17Y ,.. _ WK—Rµ 00OREr3ATE i1�QQ0•U00- A C:fj,WArR01A.t QV j; ILAt (1011.ITY UC,psnai 83 CO 2/7198 817196 CLAIM!. MA&V �``• rAX. IR VEW:5,rI L It AOV JNAIRY : X f.ANNI1CSaCONTFVACT R'SPRrA EALMItf�euttnc'nC[ 1�UQ0,008 _ tlftE hf.M> CF ,;,we .- •i - .....!.....___�.,�.......`_ _...�...__. - --- _..•.._.. .. .,r_._. . _ .,.....��_ NFC,r.+cv'ra.nr�`rsFr'n.w_• � ...-.•'v ----- -- 11U1 nmo0wK LlAlu11TY �. .. AKYAtJV-s .:.Adhlr.l.LG1NGl.6LIrMT i �•. - All 4WritFr) akmk lj w:ltall. rur.l�.rY >r ;,r,►it oLu GG A�iidti 19Rl�b M �tiOK ■•ONIL Y INJUR i i tk7N QW NI:L"+ ALi14$ tl'rr etc4t�� ••-- vri WAH'rY VAMAvF• t r CARArFEIIA:;RrTYT -.___�.,. ..__.__..__.» ..._..�. _.•-�•'-•�—^ __.__...... AUTO ikdY, tTA_A•GCI(.:F:NT f ^•-._._._.__..�. !^ AuY AUTO IANAUI'Vtx:,►. _ ---- --- k>r+,`•E64I,IA,A1UiY ..�� ._._..�.�..-....__......- ._.",...,.,. .,,.,_ .-.�..�.-� -•-- 'tAlCElv`C:C:IIii:_E-r.�rE_..,� U.SAQrtFII N Pr,QFn ,.,r3U`i['GAlE ... .,..... � •... OT) ICR T�lAtl r lMrlr<r'I,LA FORM T IMLrIC,tt� L;1t1T5 rAfCSItKEi1'!} t1t)raF•[,Nt:ATIr)rJ Atli) FIWPL0VLeKWLlA AITY CAc:H4cot):tf..�._ .�-....__.,_.,...._, ri rC p•1CIFAi[=1'r)W lnbrp li • PfI rMR�,C.EgrI ARFEw FXC I _ _.- __.._ —_. _.�......... _...... . �. Ol rf k_:E EM�'fi MLR1�rt'1r.t:..y, . , ..._.. Frg-€'SIONATLD CON fHACTOR: VANCn IN;;ULA'rION A8k'PEm i, INC. `y ... . _....`_.....__ ...,... ^. _..._... ,,..._..._.. _..,._ _._ _ ,_ CITY OF !.L►GROCK At 1"N RON Sl IUFFIEL D, SENIOR BUYER v,o, Ro3i: loon LUHNOOK, TX 70457 &!4APA G ANY OF TIIE A19OVS ",WAtNF.O PrA WICS Eir. CArrrlkl LU 9::FQRR TI.16 EXPIRATILW CATC THCRX0F, TIIC 18801NO ilOAIPAIJY WILL SN06AVOR TO MAIL 1V 5AYC WRITIEN IJOTWETO THEW:11 IrICA7111N01.0df,NAWO119 7NE LEFT, 1117 FAN %IRF,' TO MAIL Su:;" tit)TN;E 4ilAi,i IMPOSF. NO OnLIOATKM OR LVOItITY 'lyi"Y ~itlNn uPpN T f:r,MVANY-•(f CN1-� qa Rt l•I+r ; Furr!Hvby.. HGR1% RTI�HiSENTAI'iV 02/15/1996 10:15 4092911217 WYATT AGENCY r HAUL uz ..,...; ... • .;.•:.: YP .;.;.,:.:a• •P.:`.•:.:..::•. ::•.•..•.::• GATE MM/DD/YY) E ; •. �• ' ;. .... 217/96 a�.���.�►� .. . • +:. `•• : •'• {tip;• �••••. '.;.ti, .;.�•..':; .}1ti�:� 9 .,.} :::` •' �. :awyacV'wsy�wN�+•• mQRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BONDING 8• INSURANCE SPECIALISTS AGENCY, INC. 71T SOUTH WELLS STREET ONLY AND CONFERS NO FLIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOSS NOT AMEND, EXTEND OR F E CHICAGO, IL 60607 COMPANIES AFFORDING COVERAGE `MANY TIG SPECIALTY INSURANCE COMPANY A INSURED VANCO INSULATION ABATEMENT, INC. COMPANY S GENERAL AGENTS INSURANCE COMPANY 5804 SOUTH FARM ROAD 1788 COMPANY MIDLAND, TX 79706 C COMPANY D �•M,p,���•p •:1•: .ti : .:'• •.ti'. •:titi•:•:: '• :: . . .YTfYR!JI1\Jlf.Y.:: ....... ....... tititi .... ............. •••,•:•.. •.{ • .... :•:•:`:•:•;':! ::•:•:'.•.\�:. ... .:t :: , ..... •:1+, , .. •:'... , ... • ... , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN'=IJED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED S Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW. CO +TIT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYY) DATE (MMlDDIYY) LIMITS GENEM LIABILITY GENERAL AGGREGATE s 1 00O ODO PRODUU)b-L;LWPl'P''0 s 1000000 A X COMMERCIALGENERALUABIIJTY 372-83994 9/9/95 9/9198 CLAIM: MADE EX OCCUR PERSONAL & ADV INJURY s 1,000,000 FACH OCCURRENCL s 1 000 000 OWNER'S & CONTRACTOR'S PROT PMEDAMAOE (Any omIve) t 50000 X ASBESTOS/LEAD ABATEMENT MEDEXP (Any emPersm) : 5.000 B AUTOMOBILE LIABILITY ANY AUTO GBA014480 11/22/95 11/22/96 contslNmsuvc�LELratr 1 500,000 BODILYIN.IURY s ALL OWNED AUTO X SCHEDULED AUTOS (Per PO16O°') BODILY INJURY (Por a=ieerlt) s FARED AUTOS NON4NMED AUTOS PROPERTY DAMAGE S GARAOE LIABILITY ALTO ONLY - EA ACCIDENT S OTHER THMI AUTO ONLY: ANY AUTO EACH ACCIDENT s AGGREGATE s EXCESS LIABILITY EACH OCCURRENCE s AGGREGATE s UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND STATUTORY umrrS EACH AIDE S EMPLOYERS' LIABILITY THE PROPRIETOR/ f=L PARTNGRS/EXECUTIVE OtSEASE - POLICY LIMIT ; DISEASE - EAC)4 EMPLOYEE S OFFICERS ARE: EXCL OTHER DESCRIPTION IQN3 SN $ E THE CITY OF LUBBOCK IS AN ADDITIONAL INSURED ON THE AUTO AND GENERAL LIABILITY WITH A WAIVER OF SUBROGATION IN THEIR FAVOR. RmJl,Vt.I.�GJR�:: i :•:•.ti•:':::::.•r••::•.::'::. � i :.'.::•::::: i •iV••••: .•.'::•:`. i•.• ........... . �•.:'Y: :':: � :: i i•:•i .1Y."•'.S':`:::•:'.•i `. :�.ti ..•:::':•.•..'.,•ti� a:•:: �• 1ti'. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVGR TO PAIL CITY OF LUBBOCK 3o DAYS WRITTEN NOTICE TO THE; CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: RON SHUFFIELD, SENIOR BUYER P.O. BOX 2000 LUBBOCK, TX 79457 BUT FAILURE TO SUCH NOTtCESMALL IMPOSE NOOBLIOATI BILITY OF ANY N THE CONIPA (ITS AGENTS REPRES@NTATIVES, AUTHORIZED ItmErTimE •��► ffaarr..y:,,+'�•1frti`vvl'.Y��.-�h,rA�h[�1•1.•..-i •� iti::: i•-•-•'•� : :'-•-•i :'.••-••.'. !: • i' .Y �..1••i •:• :•. • ..• tiS•:::•:•::• •S: .:. • ••• •};••• '•yti y •; .•.'.:.; ::' • : -r.-:.ti �:�:titiy : •:b. �•:1:Vf.�:� .v. � ••:.. ' - ;;�; - •r,.:.�ti•.- ti•. ti^:: �-yy�gti-.• .r.:•: •.:-.»-�j v ti.• :a �.. •. :: :.1�. •::•. :tip• ::1':•:�.�.ti p • Kl' .W�� '.l•: PRODUCER -BONDING & INSURANCE SPECIALISTS AGENCY, INC. ►17 SOUTH WELLS STREET ,cH(CAGO, IL 60607 �suRec CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO FUGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR MANY TIG SPECIALTY INSURANCE COMPANY A COMPANY s GENERAL AGENTS INSURANCE COMPANY COMPANY C COMPANY D I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUHD TO THE INSURED NAMED AS= FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION L"Alm LTR DATE (MWDWM DATE (MMM WM QENERALLIABILLTY GENERALA00REGATE t 1,000,000 q X COMMERCIAL GENERAL LIABILRY 372-63994 9/9195 919/96 PRODUCTS • COMPIOP AGO S�. 1,000,0m CLAWS MADE 1 • -J OCCUR PERSONAL i ADV INJURY t 1 Odd d00 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE i 1,000,000 X ASBESTOS/LEAD FIRE DAMAGE (Any am Mrs) i 50,000 ABATEMENT MMEXP pmon.Pw5m) i fi 000 AUTOMOBILE UAZlUaY g ANYAUTO GSA014480 11/22/95 11/22/96 r`�D8'N°IE ULST t fi00,000 ALLY AUTOS E00ILY INJURY t X 50-0-=LED AUTOS 4w Peno"I HIRED AUTOS 60C>II.Y INJURY t NON-0WNED AUTOS pur "ciftno 1 PROPERTY DAMAGE GARAGE UUIBILTTY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FOKM WORKER'S COMPENSATION AND EVPLOYER.T LIABILITY ThE PROPRIETOR! INCL PARTNERS/EXEcLmvE OPP=-RS ARE EXCL DESIGNATED CONTRACTOR: VANCO INSULATION ABATEMENT, INC. THE CITY OF LUBBOCK HAS A WAIVER OF SUBROGATION IN THEIR FAVOR. CITY OF LUBBOCK ATTN' RON SHUFFIELD, SENIOR BUYER P.O- BOX 2000 LUBBOCK, TX 79457 i AUTO ONLY - EA ACCIDENT OWNER THAN AUTO ONLY' EACH ACCIDENT i AGGREGATE i EACH OCCURRENCE t AGOREGAT£ i S � _ STATUTORY LIMITS EACH ACCMXNT : dSr.ASE . POLICY LIMIT Is OISEEASE - EAOH EMPLOYEE i SHOULD ANY OF THE ABOVE QESCRIMED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE WUWG COMPANY WK1 ENDER TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLM NAMED TO IM LEFT. BUT FAILURE T9VAlL &UCH NOTICE SHALL IMPOSE NO OBLIGAiielltlTALIABILITY ©� A001:i)® Hanafin Bates & 8144 Walnut Hill Dallas, TX 75231 (214) 361-3240 ......................................... INSURED :;F;.ri;�i:;^::57.;...;-,w,,.,...• ,�•.�•:w.w:r.• .+,`v�'� fi`"'•,'i','xih 'T'. ".:.M1: 'F,a;'yt: :v`,':?':f . _ >:'tsF>sSv::t?in Fy.F: •..�F'::Fi:.xy.,•_;fi: r.•>i: 4 ''f�. :A r•�v3Giih•i•: 2/15/1996 :..:..::.t..:..::r i..x3.s.:f,::o-:ih•..n.:..e•.•.•rf� ..3N:£b:.�•,<.:s:..aa.•: .:.e•.rm v...:...:...................................... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Associates DOES NOT AMENDONFERS NO ,EEXTEND R ALTER THE OUPON THE CERTiFICATE VERAGE �0 AFFORDED CERTIFICATE LanePOLICIES BELOW................................................I.......................... ....................................................................................... COMPANIES AFFORDING COVERAGE ............ .......... .................... .......... .............................. ......................................... .............. .......... I .......... .... Lam A RELIANCE NATIONAL INSURANCE :.............. ................................ ............................................................... ..................................................... .............................................................. B LETTER ...............................................................................................................I...... ............................................ WORLDWIDE PERSONNEL SERVICES � C " 311 N. MARKET ST. SIIITE 300 DALLAS, TEXAS 75202 1. IcOwANY ETTER ...D..................................................................................I........... COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT' OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN' REDUCED BY PAID CLAIMS. ............................. .......................................................................................................................... ................................................................................. ....................................... I................... ' TYPE OF INSURANCE POLICY NMER POLICY EFFECTIVE 'POLICY E>fpTRATION Lam IR' DATE O MIQDIYY) OATE0&tfDDNY) ........................................................................................................................................................... ................................ ¢................. .................... .............. GENERAL LIABILITY 3 GENERAL AGGREGATE `i ;......... i COMMERCIAL GENEfK LVIBLITY :.........�........,. ......... . .. .................. .............._ i MWAOP AGG. ...............I........................ ..: . ............... Ei .......... MADE PERSONAL a ADV. PURCLAM ............. aCONTRACTOR.SPROT. ............................................... <i.............. fEACHOCCURFECE :......... ..................... i FETE DAMAGE pm are Ere) S .............................. I ............................... .............................................. .................................................................. ...................................................................... ............... ............. i MED. OPENSE (My wa penm)it .......................................... ..c.................... mew" i COM &D SINGLE .............. ?AUTOMOSEE LIMIT f ;ANY AUTO ........: ........................................... .............. i ALL OWNED AUTOS BODE' RAW E SCIiEMLO AUTOS I P+ef f ;........; i H6IED AUTOS .......................................... i BODLY law .............. c.......•i NON -OWNED AUTOS i p'er i...................I.......................... Ei .............. i GARAC,E UABL ITY i••••••••. ° '. FROPEAfY DAMAGE ............... ,,,., � EXCESS LuBEJTY artrlER THAN IANeRELLA FOFM EIORKERI COMPENSATION AND EMPLOYERS! LIABILITY ............................................ r" OTHER NWA01=91-W 08%01/95 08/01/9 EACH OCCUFTRENCE ........................... •�iGGREGATt: E..X.. .. STATUTORY UNITS Eno+ ACCIDIM . ..............I........... ............ . r .. DISEASE - POLICY LIMIT •...................................... E DISEASE - EACH EMPLOYEE .................. I ................ ........... i .....:........................................ s .:.::::-................................ : 1, 000, OOa ......................................, 6-: I000,00a .................................... ....................................................... .......................... .................................................... ............. ............. ......:...................................................................................................... SCRIPTION OF OPEAATIONSILOCAMO ITW ALTERNATE EMPLOYER ENDORSEMENT IS ATTACHED TO THE WORKERS COMPENSATION POLICY ALTERNATE EMPLOYER/CLIENT COMPANY:VANCO INSULATION ABATEMENT, INC. CERTIFICATE HOLDER IS NAMED WITH WAIVER OF SUBROGATION F CITY OF LUBBOCK p— 0. BOX 2000 1 BBOCK, TEXAS 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION LUTE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IGND UPON THE COMPANY, ITS AGENT'S OR REPRESENTATIVES. 11w& F g F 0 CITY OF LUBBOCK TNS•U>K.ANCE REQll3ii.]EMENT AFFIDAVIT To He Completed by Appropriate insurance Agent/Brokcr Prior to Award of Contract 1, the undersigned Agent/Brokcr, certify that the insurance requirements contained in this bid document have boon revicvmd by me with the below identified Contractor. If the below tdentifiod Contractor is awardod this contract by the City of Lubbock, 1 will be able td, within ten ()0) days after being notified of such award by contractor, furnish a valid insurance certificate to die City meeting all of the requirements defined in this bid/proposal, sv\x"' Agcn �gnaturc) Agent (Print) Name of AgcniMrokcr: The Wyatt ALencV Address of AgCntlDroker: 1300 l 1t11 Street. Suite 305-E� w .� City/State/zip:_ Huntsv' le ,c - 77340 , AgcAlDroker Tc1cphone M; ( 409 ) 291-3074 Date: 1/30/96 o214 - 30— 9243, r{� ' �* CONTRACTOR'S NAME: Vanco Insulation Aliatement Inc. (Print or Type ) CONTRACTOR'S ADDRESS: 5804 S. Farm Rd. 1788 Midland, Tx 79706 NOTE TO AGENTBROKER _ If this time requirement Is not mot, the City has the right to reject this bid/proposal and award the contract to another contractor, iryou have any questions concerning these requirements, please contact t11e Purchasing Manager. for the City of Lubbock st (806)967'-2165. '—� SN O�iRC'�-T.•C� ��i rYYs. F10 BID #13452 =ACM ABATEM Nia T ATM AUQY LIPRARY IN 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 r 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 or status as an employee." "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 (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ F L._= [^: L- L--_ L_- L._. L-. L_._... L L L- L_._. L- L.--' L__., L 1-._ L 1 L- L- ow 7 CONTRACT r STATE OF TEXAS l COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 25th day of January.1996, by and between the City of Lubbock, County rof Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and VANCO INSULATION ABATEMENT. INC., of the City of Midland, County of Midland, 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 1113452 - ACM ABATEMENT AT MAHON LIBRARY - S37,494.00 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock:, Lubbock County, Texas, in the year and day fire above written. ATTEST: TO im mft CONTRACTOR: Owner's resentative VANCO INSULATION ABATEMENT, INC. !^' AP OVED AS TO O By- _ r. i Attorney PRINTED NAME: TITLE: ATTEST: COMPLETE ADDRESS: Corporate Secretary " Vanco Insulation Abatement, Inc. 5804 South FM Road 1788 Midland, Texas 79706 p 7 I GENERAL CONDITIONS OF THE AGREEMENT F 7 GENERAL CONDITIONS OF THE AGREEMENT 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: VANCO INSM ATION ABATEMENT. INC., 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 GEORGE LISENBE, BUILDING AND ENERGY ADMIMSTRATOR City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting m behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. S. 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. 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. 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 tradc 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. 1SUBSTANTIALLY 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. 1:,INES 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. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordancewith the specifications therefore. The Contractor shall furnish all reasonable aid and assistance r 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 p decision. r 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 r• 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 any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be 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 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 materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. r In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of r r the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof; as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owners Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owners Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any r .. character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on a000unt of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the r 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 not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory t to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $750,000 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) 7 B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $750.000 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, $500,000 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 (09/o of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 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/bcverage 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. r The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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. S. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for 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 worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten (10) 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 (10) 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. r (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than (7) seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATIONCOVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensatdon insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee-" "Cal! 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 (h) contractually require each person with whom it contracts to provide services on a project, to: F (i) . provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the 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 ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EOUIPMENT 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, materialmcn 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 71, 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 I 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 from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' ` Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 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 specified in the Notice to Proceed. f^ If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper t 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 $250.00 (TWO HUNDRED FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. F 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. 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 further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to 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 TITAE The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. , HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owners Representative for the Owners 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. 39. 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 bids 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 indenuuify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the t Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which ,.. has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 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, i 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. r The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if arty) 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. r (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 (1 S) 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 j such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal ii 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 r., 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 i 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 r- 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 7, 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 thirty (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 thework 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 any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to 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 will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and 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, 7 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 r 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. No Text Resolution =2502 January 8, 1987 Agenda Item #18 OGV:da 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. 5159a; 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 8: 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 Sth day of January , 1987. nett6.Boyd, City Secretary APPROVED T �ONTENT: 1 Bi 1 Pyne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Houriv Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 PM J EXHIBIT 8 Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman $5.25 Asphalt Shoveler 4.75 Concrete Finisher 7.35 Concrete Finisher -Helper 4.75 Electrician 10.50 Flagger 4.75 Form Setter 6.50 Form Setter -Helper 5.50 Laborer, General 4.75 Laborer, Utility 5.80 Mechanic 6.50 Mechanic -Helper 6.00 POWER EQUIPMENT OPERATORS Asphalt Paving Machine 6.00 Bulldozer 5.25 Concrete Paving Machinist 6.50 Front End Loader 5.85 Heavy Equipment Operator 6.40 Light Equipment Operator 6.40 Motor Grade Operator 8.00 Roller 5.25 Scraper 5.25 Tractor 5.50 Truck Driver - Light 5.25 Heavy 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series EXHIBIT D Prevailing Wage Rates Overtime Rate Hourly Rate $11.00 10.45 8.90 7.25 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 1 1/2 times base rate. L- L t L� L- L� L� Lr L� L--- : Lv L. L L�: L� L,,.a, L--- L- L— v CITY OF LUBBOCK MAHON LIBRARY ASBESTOS ABATEMENT #95137 Lubbock, Texas PROJECT MANUAL SPECIFICATIONS SET # Prepared By: GRIMES AND ASSOCIATES, CONSULTING ENGINEERS P.O. Box 45 Wolfforth, Texas 79382 Phone:806/863-2462 Fax:806/863-2479 SECTION 01010 - SUMMARY OF WORK PART 1-GENERAL L GENERAL: 1.1 The project site is the City of Lubbock, Mahon Library. 1.2 The Base Bid scope of the work is to remove spray -on asbestos fire proofing from basement air handling room ceilings and structural elements. 1.3 The Alternate #1 scope of work is to clean asbestos debris (asbestos fire proofing) from the top of selected lay -in ceiling tiles on the first and second floors.. 1.4 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. 1.5 Discrepancies between conditions at the site and requirements of the contract documents shall be reported to the Consultant, in writing, before any bids are opened. Consultant will issue necessary instructions to Bidders. 2. ACM MATERIALS TO REMOVEMORK AREAS: ACM Materials Work Areas Asbestos fire proofing Basement AHU rooms Asbestos fire proofing debris Above ceiling tiles 3.1 One air handling room at a time shall be abated. When that room has been abated and clearance confirmed, then the first containment shall be removed and the next room started. 3.2 Maximum Time of Completion Per Air Handling Unit Room: Completion time is to j' include all prep work, removal of specified ACM, clean-up, final clearance testing removal tt of containments, and vacating the work site. r' 3.2.1 Four 8-hour working days 01010-1 9 3.2.2 One day for TEM sample analysis. 3.2.3 One day for containment removal. 4.1 Engineer shall notify TDH. 4.2 Contractor shall be responsible for beginning project on dates specified in TDH notifications. Pis ► UWWNW 39_ L 5.1 Contractors payment will be for the lump sum of contract, received after completion of contract. 5.2 Contractor shall furnish required project manuals and final pay request to the Consultant for approval. See Section 01700 for details. END SECTION - 01010 01010-2 7 SECTION 01040 - COORDINATION PART 1 - GENERAL 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 labor, materials, and equipment to site in quantities required for uninterrupted progress of work and least obstruction of the premise. Extension of time or extra cost will not be allowed for failure to order on time and in sufficient quantities. ` 2. SITE COORDINATION: 2.1 Contractor shall coordinate move in and all final inspections in writing to the Consultant before any work on project begins. . 1 I 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 for the Contractor and 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 OSHA regulations. 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. 5.2 Contractor shall haul all trash generated from project to landfill. Contractor shall clear �^ and broom sweep buildings walks. I END OF SECTION 01040 01040-1 SECTION 01060 - REGULATORY REQUIREMENTS 1. GENERAL: 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. r 2. NOTIFICATIONS: 2.1 The Engineer shall file TDH notification. 2.1.1 The contractor shall be held responsible for assigning correct site supervisor, removal methods, as well as meeting the start and completion dates as specified. • _. 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 J il. r- 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. REFERENCED STANDARDS: 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 1994: 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. 4.4 American Society for Testing and Materials (ASTM) Publications: 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 01060-2 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. 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) 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. (� 5. TEXAS LABOR CODE, l 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. t 5.1.1 The posting must be in Spanish and english. t 5.1.2 Be clearly printed and displayed at each project site. 5.1.3 State how a person may verify current coverage and method to report failure to provide coverage. 1 6. CITATIONS - REGULATORY VIOLATIONS 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. 01060-3 r- 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 SECTION 01100 - SPECIAL PROJECT PROCEDURES 1.1 Contractor shall coordinate with 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 elsewhere in the specifications The exact time to be established in the contractors "Notice to Proceed", and at the Pre -construction Conference. 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. 3.1 It is the responsibility of the Contractor to meet the completion schedule specified. Failure to meet the scheduled date may activate any Liquidated Damages provisions of the Agreement, and such damages shall continue until substantial completion of the project is achieved. l 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 space or install equipment as necessary to conduct other non asbestos related construction, repair or remodel work, either by Owner r or other trades, in areas of the building in which all asbestos abatement work and F01100-1 H 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. END OF SECTION 01100 SECTION 01200 PROJECT MEETINGS L PRE -CONSTRUCTION: I A Contractor shall upon receiving his "Notice to Proceed", schedule a meeting to review materials. ITE ETIN : 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. 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 SECTION 01300 - SUBMITTALS I. GENERAL: 1.1 All submittals shall be made directly to the Architect/Consultant/Engineer 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 -Constriction Conference between the Owner, the Consultant/Engineer 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 Consultant/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 Consultant/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 Consultant/Engineer. 2.1 General: Submit all bonds, insurance, and other requirements as listed in Instructions to Bidders. 3.1 The Bidder shall, within one week after notification of the Owner's intent to proceed with award of the Contract, submit in duplicate: 3.1.1 Performance and Payment Bonds as applicable on bid form. 3.1.2 The list of major subcontractors on AIA Document G805. 3.1.3 Certificate of Insurance, AIA Document G705, in accordance with the requirements of the General Conditions. 01300-1 F r 3.1.4 Copy of Notification Letter of Asbestos Removal filed with the regional office of the Texas Air Control Board. 3.1.5 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 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: 3.1.5.1 Supervisor Training certificates 3.1.5.2 Licenses 3.1.5.3 Experience Record 3.1.6 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. 3.1.6.1 List of Men assigned to project 3.1.6.2 Worker Training certificates 3.1.6.3 Licenses 3.1.6.4 Medical Examinations 3.1.7 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: 3.1.7.1 Employee "fit -test" records for assigned respirators. 3.1.8 Proposed Work Schedule: Contractor shall submit proposed work schedule. 3.1.9 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. 3.1.10 Submit Contractor's site emergency plan to include local emergency phone numbers and planned emergency facility to be utilized. 3.1.11 Certificates of Compliance: Certify that vacuums, ventilation equipment, and other equipment required to contain airborne asbestos fibers conform to ANSI Z9.2. 3.1.12 Sample forms: Submit sample of forms which will be used in the course of the project, including as a minimum the following: 01300-2 Record of Project meetings Visitation log Worker log rRecord of Air monitoring results Record of Supervisors daily site inspections r Record of daily activities i END OF SECTION 01300 01300-3 �- SECTION 01500 - CONSTRUCTION FACILITIES a ` L 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 owner is unaware of any existing damage to his facility. Before contractor begins any work f' in the facility the contractor shall inspect the area and furnish to the Consultant/Engineer a completed list of any existing damage discovered before any work under this contract has started. Damage discovered after work has begun with be assumed as caused by contractor. r 1.2 The contractor is reminded of the possible presence of other asbestos containing materials outside the scope of the contract. The contractor shall remain solely responsible for the safety of workers and sub -contractors, and shall take all precautions for their safety. 1.3 The contractor shall upon discovery of suspect ACM materials 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 proceed. l 1.3.1 The contractor shall report to the Consultant/Engineer all such findings promptly. {.. The Consultant/Engineer will determine the proper course of actions (ie sampling, testing, etc) and advise the owner and contractor of any changes to be made. 1.3.2 IN NO EVENT SHALL THE CONTRACTOR DISCUSS SUCH MATERIALS j" WITH ANY PARTIES OTHER THAN THE CONSULTANT/ENGINEER. { 2. USE OF EXISTING FACILITIES: 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 Electrical: Comply with all applicable standards including but not limited to NEMA, NECA, and all UL Standards for materials and electrical services. �... 2.2.1 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). 2.2.2 Ground fault: The contractor shall provide receptacle outlets with ground fault interrupters, RESET BUTTON and lights for connection to power equipment. 2.2.3 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 01500-1 F cord is necessary provide water tight connections. In work areas leave cords exposed to allow for visual inspection. 2.2.4 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. 2.2.5 Temporary wiring: Comply with NEC. For power tools and lighting provide 7- boxes with four gang outlet, provide a separate circuit breaker for each four gang out let. 2.3 Water: Connect to approve existing water outlets. The contractor shall at completion of project remove connections and restore to original condition. 2.3.1 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. 2.3.2 Water heater: The contractor shall provide a water heater for the decon unit, and comply with NEMA, NECA, and UL standards for connections to power source. 2.4 Toilets: Contractor shall utilize the toilets at the nearest location to work areas. 2.4.1 Toilets shall be used by workers whom have been decontaminated and are in street clothing. 2.5 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. 2.5.1 In the event of such refusal the contractor shall immediately notify and submit alternate plan for obtaining utilities. 3.1 Contractor shall provide for and pay for all cost associated with fire protection on this project. 3.2 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. 3.3 Emergency numbers: Contractor shall post phone number of local fire department at most visible location before work has begun. 01500-2 S i, 4. SCAFFOLDINGAND LADDERS r• 4.1 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. 4.2 Installation of all equipment shall be subject to Owner and Consultant/Engineers r approval. i 5._REMOVAL OF TEMPORARY EQUIPMENT: 5.1 When temporary equipment is no longer required the contractor shall completely remove equipment from job site, and repair\ replace any materials, equipment or surfaces damaged in the installation or removal. 6. SIGNS: t- 6.1 No contractor advertisement or signs will be allowed on project site. 7._ ACCESS TO SITE AND PROTECTION: 7.1 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. 7.2 The contractor shall provide for storage of equipment in a manner with will not impair safety, or impair traffic flow in work areas. 7.2.1 The contractor shall properly and effectively store all equipment furnished by him after it's uses and decontamination. Store in a manner which will not impair safety, or impair traffic in the area. 8. CLEANING: 8.1 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. 8.2 In the event the Owner\Consultant/Engineer is fined for the illegal discharge\disposal 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 01500-3 {Polk t: SECTION 01600 - MATERIAL AND EQUIPMENT L 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. 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. 2.1 Abatement materials used on site shall be stored in a manner which allows for safe exit from the work area. 2.2 Poly boxes, suit boxes, hoses, extention coards, ladders and any addition equipment hall be placed out of site or stored in the contractors vehical or trailer. 2.3 The contractor shall not store bagged ACM in the building. END OF SECTION 01600 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. USE BEFORE COMPLETION: 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 r of the Work by Owner. Contractor shall repair or remove any portion of the work that is t defective due to materials or workmanship at his expense. 3. SUBSTANTIAL COMPLETION: E 3.1 Contractor shall notify Architect/Consultant at least one week in advance of requested inspection date. Before requesting Architect/Consultant'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 Complete installation, re -installation of any lights, ceilings, insulation, etc. as called for in other sections of these specifications. 3.1.4 Deliver all ACM materials to appropriate dump site with in a reasonable time period. 3.1.5 Discontinue and remove from site temporary facilities and services, construction tools, and similar elements. 3.1.6 Prepare (and submit with request for inspection) Progress Payment request showing 100% completion. 3.1.7 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/Consultant will ,either proceed with inspection or advise Contractor of prerequisites not fulfilled. Following initial inspection by Owner, Architect/Consultant, and Contractor, Architect/Consultant 01700-1 F 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. 4. FINAL INSPECTION. 4.1 Before requesting Architect/Consultant'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/Consultant's final deficiency list of itemized work to be completed or corrected, stating that each item has been completed or corrected for 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/Consultant and representatives of the Owner and Contractor will re -inspect the work. Upon completion of re -inspection, Architect/Consultant 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. CLOSE-OUT PROJECT MANUAL 1. 6.1 General: 01700-2 6.1.1 Contractor shall submit two (2) copies of project manual. Submit to Consultant for approval. Submit with Contractor's Pay Request. 6.1.2 Presentation of Data: Where possible data shall be presented on 8 112 X 11 sheets. Light sensitive production technique is acceptable. 6.1.3 Sub Divisions of Data: Project manual shall have data divided into sections. The sections shall correspond to the paragraph titles below. 6.2 Section A: 6.2.1 Performance and Payment Bonds. 6.2.2 The list of major subcontractors on AIA Document G805. 6.2.3 Certificate of Insurance, AIA Document G705. 6.2.4 Copy of Notification Letter of Asbestos Removal filed with the regional office of the Texas Air Control Board. 6.2.5 Copy of Notification Letter of Asbestos Removal filed with the Texas Department of Health. 1•, 6.3.1 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 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: 6.3.1.1 Supervisor Training certificates 6.3.1.2 Licenses 6.3.1.3 Experience Record 6.3.2 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. 6.3.2.1 List of Men assigned to project 6.3.2.2 Worker Training certificates 6.3.2.3 Licenses 01700-3 6.3.2.4 Medical Examinations 6.3.3 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: 6.3.3.1 Employee "fit -test" records for assigned respirators. 6.3.4 Submit Contractor's site emergency plan to include local emergency phone numbers and planned emergency facility to be utilized. 6.4 Section C: Daily work log: Provide record of daily activities to include: Visitation log Worker log Record of Air monitoring results Record of Supervisors daily site inspections Record of daily activities 6.5 Section D: 6.5.1 Executed waste manifest. 6.5.2 Written guarantees. 6.5.3 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 6.6 Section E: Contractor pay request: Provide completed pay request on AIA document. 7. GUARANTEES, BONDS AND AFFIDAVITS: 7.1 Deliver to Architect/Consultant, in duplicate: written guarantees, reports, certificates of inspections, and bonds, as required in the Contract Documents. 7.2 Deliver to Architect\Consultant, 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 evidences 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. 01700-4 8. CLEANING, ADJUSTING, AND OPERATION: 8.1 The Project shall be left free of debris, construction equipment, and surplus material, with all surfaces clean and ready for use by the Owner. 8.2 Contractor will be charged with the ultimate responsibility to see that building, grounds, are thoroughly cleaned before final acceptance of the project. Final cleanup includes, but is not limited to the following: 8.2.1 Removal of all tape marks and soil from all exposed surfaces. 8.2.2 Removal of all litter, trash, debris, temporary fences, barricades, temporary r construction facilities, and waste from the site, leaving the site and premises in an orderly and clean condition. 8.3 The project shall be turned over to the Owner free of concealed garbage, trash and rodent infestation. If any of these are revealed, or odors from them occur, they shall be removed by the Contractor at his expense. r- 9. RESTORATION: 9.1 Restore areas provided for construction work purposes, including access drives, to their original condition. Replace damaged curbs, sidewalks, and pavement. Resod/replant all grasses and planted areas where damaged during construction phase. 9.2 Entire construction site and adjacent affected areas shall be restored to conditions acceptable to the Owner. Uz '_ 10.1 Submit final Application for Payment in accordance with the terms of the Agreement, indicating adjustment of accounts from original contract amount including: 10.1.1 Additions and deductions resulting from change orders. 10.1.2 Adjustments to cash allowances, if any, with full supporting data. 10.1.3 Deductions for work not corrected and for liquidated damages, if any. END OF SECTION 01700 01700-5 I SECTION 02020 - GENERAL ASBESTOS ABATEMENT PROCEDURES 1.1 Remove and disposal of asbestos -containing materials and abatement supplies. 1.2 Perform all activities necessary to reduce airborne concentrations of asbestos to the specified asbestos control limits during the life of the contract. 1.3 Cooperate with and assist Owner's Asbestos Consultant in the performance of the Consultant's stated duties. PARM9101" 2.1 Total Project Schedule: The total project involves construction, demolition, abatement, disposal, etc. of a number of areas. The general project sequence is as follows: 2.1.1 Work shall comply with schedule outlined in Section 01100. 2.1.2 Contractor shall coordinate his move -in and all work periods with the Engineer in writing 10 days before beginning work. 3.1 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 R on previous projects for a period of not less than three (3) years. See "Submittals" paragraph for information which must be submitted and approved. 3.2 Licensing: Contractor, contractor's supervisor, and all employees shall be licensed by the state. A 3.3 Medical Examinations: All shall have current medical requirements of OSHA regulations. 3.4 Government Inspection: While performing asbestos abatement work, the Contractor shall be subject to on -site inspection by OSHA, EPA, Owner's Representative, etc. 3.4.1 If found to be in violation of any government regulation, the Contractor shall cease all work immediately and remain inactive until the violation is corrected. Standby time required to resolve the violation shall be at the Contractor's expense. 02020-1 3.4.2 The contractor shall furnish at his required for entry into the asbestos control for inspectors. expense one complete set of equipment area (respirators, disposable clothing, etc.) 3.4.3 Contractor shall provide throughout the project equipment (respirator, disposable clothing, etc.) for the Owner's air monitoring/inspector. .. 0 4.1 Isolate each :work area for the duration of the work by completely sealing off (where possible) all openings and fixtures in the work area, including but not limited to, heating and ventilating ducts, doorways, corridors, windows, and lighting. Cover with plastic sheeting taped securely in place. 4.2 Before the work is begun clean all removable items and equipment. Remove them from the work area and store as directed. 4.3 Post warning signs and labels as required by AHERA and 29 CFR 1926.58, ASTM E 849, and as directed by the Owner or Engineer. 5.1 General Procedures: Perform all asbestos related work and comply with 29 CFR 1926.58 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). 5.2 Work shall not begin prior to written notification being received by the Consultant. 5.3 Work shall not be conducted without Consultant's representative being on the project site. 5.4 Coordination of Work of All Trades: Coordinate the work of all trades to assure that their work is performed in accordance with applicable regulations. 5.5 Remove any removable equipment within the work space and completely wipe down and HEPA vacuum to remove all ACM. 5.6 Perform complete cleanup of work space prior to beginning abatement. 5.7 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. 5.8 Notify Upon Completion of Removal: Notify Engineer or his authorized representative (air monitoring personnel) that gross removal is completed and have the work assessed. 02020-2 5.8.1 NOTE: IT REMAINS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO REMOVE ALL 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 r" some ACM is discovered subsequent to the above -mentioned assessment, it shall be removed at the Contractor's expense 6.1 General: Contractor shall ensure that the asbestos control limits are maintained at all times inside and outside the asbestos work area. 6.2 Inside Asbestos Work Area: Airborne concentrations of asbestos shall not exceed 0.1 fibers per cubic centimeter of air (8-hour time weighted average). 6.3 Outside Asbestos Work Area: Airborne concentrations of asbestos shall not exceed 0.01 fiber per cubic centimeter of air (8-hour time weighted average). This applies to all areas in the building (except for the asbestos work area) both while work is in progress and after final clean-up and clearance. 't 7.1 If either "personnel" or "area" monitoring indicates asbestos concentrations are greater r than the stated asbestos control limits, stop all work and notify the Engineer immediately. I 7.2 No further work may be performed until the conditions causing the excessive levels is corrected. �: • 8.1 The follow procedures will be enforced to resolve any disputes in fiber amounts, or fiber types. 8.1.1 Air samples will be secured by the Consultant for TEM analysis. 8.1.2 The cost for 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. 8.1.2.1 The cost of such analysis/sample collection will be deducted from the Contractor's final payment. 9. FINAL CLEARANCE SAMPLING: 02020-3 9.1 Overview: Final clearance sampling will be conducted to determine that the airborne fiber concentration in the work area is below either 0.010 fibers per CC or the baseline level (whichever is appropriate). 9.1.1 The Consultant will determine which concentration -level is appropriate. 9.1.2 All final clearance samples must be at or below the stated level. Otherwise the test will be declared a failure and the Contractor instructed to conduct additional cleaning. 9.2 Analysis: Final clearance samples will be analyized with TEM analysis procedure. 9.3 Sample Collection Procedure: Final clearance sample will be collected while using aggressive sampling methods, using an electric powered leaf blower. 9.3.1 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. 10.1 Clean work area and dispose of containment and bagged ACM materials. 10.2 Cost of disposal shall be included in bid. 11.1 Submit necessary documents and assist owner/engineer during final inspection. 11.2 A lump -sum payment shall be made after all project close-out requirements are met. Submit payment request to owner -supplied air monitoring firm. END OF SECTION 02020 . 02020-4 SECTION 02032 - ASBESTOS CONSULTANT AIR MONITORING AND LABORATORY SERVICES 1.1 The Asbestos Abatement Contractor shall cooperate with and assist the Asbestos Consultant in performed the duties stated herein. C 2.1 This section describes the air monitoring services to be conducted by the Owner's Consultant and the manner in which the Contractor shall coordinate/facilitate these services. 3.1 Monitoring will be 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. 3.2 Perform "personnel" air monitoring for abatement workers. 3.2.1 "Personnel" air monitoring consist of the collection of air samples from the breathing -zone of abatement workers and the analysis of these samples using Phased Contract Micrroscopy (PCM). r.. 4. CONSULTANT'S AIR SAMPLE DUTIES: 4.1 General: 4.1.1 The Owner's Consultant will be collecting and analyzing air samples (a microscope and lab will be set up on site). 4.1.2 Laboratory analysis will be performed on -site using Phase Contrast Microscopy (PCM). Sample preparation and analysis will be the NIOSH 7400 method using counting rules "A". 4.2 Monitor the airborne concentration of asbestos at the start of each work day to establish a STEL fiber concentration in the affected areas. 4.3 Monitor workers continuously during the course of the work inside the asbestos work area. Upgrade respiratory protection equipment as necessary. 4.4 Sample Collection Locations: The Consultant will be collecting samples as follows: 02032-1 4.4.1 Base line: The Consultant will monitor airborne fiber counts before any abatement work is started. 4.4.2 Outside Work Area: The Consultant 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. 4.4.3 Inside Work Area During Abatement: The Consultant will monitor airborne fiber counts in the work area to determine that engineering controls are adequate for the project. 5. CONTRACTOR'S RESPONSIBILITIES: 5.1 The Contractor shall assist the Consultant in performing the above mentioned duties. 5.2 When necessary, the Contractor shall provide electric power for the Consultant's use (for air pumps, laboratory equipment, etc.). 5.3 The Contractor shall provide personal equipment to enable the Consultant to enter the containment (disposal clothing, respirators, etc.). 5.3.1 The Consultant shall be free to enter the containment as frequently as the Consultant deems appropriate. 5.4 The Contractor shall respond to Consultant's instructions in the event high fiber concentrations are detected. 5.4.1 Contractor shall make the necessary changes to abatement procedures (improve engineering -controls, upgrade respiratory protective gear, etc.) as appropriate. 5.4.2 In the event the Consultant believes the Contractor's actions are unacceptable, the Consultant shall instruct the Contractor to stop all abatement activities. The Contractor shall comply immediately by removing workers from the abatement area, leaving HEPA fans running and scheduling a meeting with the Consultant to resolve the issue. END OF SECTION 02032 02032-2 SECTION 02040 - ASBESTOS CONSULTANT INSPECTIONS SERVICES 1.1 This section describes the inspection services to be conducted by the Owner's Consultant and the manner in which the Contractor shall coordinate/facilitate these services. EQN&WOMMM W1 l t_ 2.1 The Asbestos Abatement Contractor shall cooperate with and assist the Asbestos Consultant in performed the duties stated herein. 2.2 The responsibility for compliance with any Federal, State, or Local regulations shall remain SOLELY the responsibility of the Contractor. This responsibility shall NOT shift to either the Consultant or the Consultant's Representative regardless of the outcome of any inspection described herein. 2.3 When necessary, the Contractor shall provide electric power for the Consultant's use l (for air pumps, laboratory equipment, etc.). 2.4 The Contractor shall provide personal equipment to enable the Consultant to enter the containment (disposal clothing, respirators, etc.). 2.4.1 The Consultant shall be free to enter the containment as frequently as the Consultant deems appropriate. 2.5 The Contractor shall respond to Consultant's instructions. 2.5.1 Contractor shall make the necessary changes to abatement procedures (improve engineering -controls, upgrade respiratory protective gear, etc.) as appropriate. 2.5.2 In the event the Consultant believes the Contractor's actions are unacceptable, the Consultant shall instruct the Contractor to stop all abatement activities. The Contractor shall comply immediately by removing workers from the abatement area, leaving HEPA fans running and scheduling a meeting with the Consultant to resolve the issue. 2.6 Items requiring corrections shall be accomplished immediately. 3. EXTENT OF CONSULTANT OBSERVATION AND INSPECTION ACTIVITIES: a 3.1 General: The Consultant shall observe Abatement Contractor's actions to determine • .,compliance with plans and specifications. 02040-1 3.1.1 The inspections are not to be construed by the Contractor as a delay in work. 3.2 The Owner's Consultant will be acting as the Owner's on -site representative during the project. R a _M 4.1 General: Before any work is allowed to begin the Consultant shall review all submittals with the Contractor's on -site "Competent Person". 4.1.1 See Specification section titled "Submittals" for information which must be submitted. 4.1.2 NO WORK WILL BE PERFORMED UNTIL SUBMITTALS HAVE BEEN REVIEW ON -SITE AND ALL DEFICIENCIES ARE CORRECTED. 4.1.3 Copies of all submittals shall be maintained on -site throughout the project. R_.'_ _OR 5.1 Inspection of the work area, work area containment, and equipment and supplies shall be conducted by the Consultant before removal of asbestos containing materials begins. 5.2 An discrepancies will be corrected by the contractor prior to the beginning of removal. 6.1 Multiple inspections of the containment, work area, etc. will be conducted by the Consultant at random intervals during the removal -period to ensure that work is proceeding in accordance with contract documents. 6.1.1 Any deficiencies will be corrected by the contractor immediately. 6.2 Inspections of the containment, work area, etc. will also be conducted by the Consultant after removal is complete but prior to application of encapsulates. 6.2.1 Remove any residual ACM prior to applying encapsulation. Any re -cleaning will be the contractor's expense. 6.2.2 It remains SOLELY the contractor's responsibility to remove all ACM materials. The aforementioned inspection in no way transfers the responsibility for discovering all ACM to the Consultant. 7, INSPECTION-4, POST -ABATEMENT PRE -CLEARANCE INSPECTION (TEM- CLEARANCE ONL'Q 02040-2 7.1 Inspection shall be accomplished prior to removal of any poly sheeting. 7.2 After 4 hours drying time for encapsulates, the Consultant shall perform a visual assessment of work area and also shall take one PCM air sample in the containment area. j� 11 7.2.1 If PCM samples are acceptable Consultant will take TEM samples. 7.2.2 If PCM samples are not -acceptable Consultant shall instruct Contractor to clean �^ !� again. 8. INSPECTION-5, POST -ABATEMENT CLEARANCE INSPECTION: 8.1 Inspection shall be accomplished prior to removal of any poly sheeting. 8.2 After final cleaning of the containment area (and after inspection-4 where applicable), j' the Consultant shall conduct a final visual inspection of all surfaces in the containment l area. If no ACM is discovered Consultant will collect clearance samples while using "aggressive" air sampling techniques. 8.3 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 l t payment). 9. INSPECTION-6, FINAL INSPECTION: 9.1 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. 9.2 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 Consultant's approval. END OF SECTION 02040 02040-3 SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION PART 1-GENERAL 1.1 This section describes the equipment and procedures for protection of workers against asbestos contamination. 1.2 These methods are the minimum acceptable, the contractor shall be responsible for adapting these standards to comply with current regulations, and trade practices. 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-1910.1926 Construction Industry D) 29 CFR-1910.1200 Hazard Communication 2.1.3 AHERA A) 40 CFR part 763 and appendix's 3. QUALITY ASSURANCEI 3.1 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. 3.2 The contractor shall enforce company program and ensure respiratory protection is used by all employees any time workers are in work area, regardless of activities performed or airborne fiber counts. 02050-1 N 3.3 The contractor shall instruct and train all employees in the proper use, inspection and cleaning of respirator. 3.4 The contractor shall assure all employees wear the proper respiratory protection for the fiber level encountered in the work place. 3.5 If found to be in violation of 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. 4.1 Coveralls : Provide disposable full body hooded polyolefin or polypropylene suits. Spun poly suites are acceptable. 4.2 Foot wear: Provide rubber boots for workers and inspectors. 4.3 Gloves: Provide water -proof glove for all workers and inspectors. �MSJWU 1"T D% a.1 s"0Z 1 �' 5.1 Respirators used shall be approved by the Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH) for use in atmospheres containing asbestos fibers. 5.2 Respirator requirements: 5.2.1 Each respirator shall have a unique identification number. 5.2.2 Each respirator shall have a label which identifies the hazard for which the respirator is designed and which indicate the limitations -of -use. 5.2.3 Each respirator shall be provided with manufacturer's literature which shall shall identify the component and available replacement parts. 5.3 Respirator Protection Factors: All respirators shall have at least the following protection factors: Respirator Protection Type Factor Half -Mask Air Purifying 10 Negative Pressure, Full Face 50 Powered -air, full face (PAPR) 50 Pressure demand type C 100 02050-2 r 5.4 Filter Cartridges: The contractor shall provide as a minimum, HEPA type filters labeled with NIOSH and MSHA certification for "Radionuclides, Radon Daughters, Dusts, Fumes, Mists, including Asbestos Containing Dusts and Mists, and color coded in accordance with ANSI Z228.2 (1980) 5.5 Organic Cartridges: The contractor shall provide as necessary NIOSH and MSHA approved cartridges for all chemical or vapors they may encounter. PART 3 - EXECUTION 6.1 All personnel (workers, inspectors, etc.) shall wear full body suites, gloves and rubber boots whenever in the work area. 6.2 No protective clothing shall be worn outside the work area. 6.3 Contractor shall provide sufficient number of changes for all workers and inspectors on the project. 7.1 All workers shall decontaminate through a three stage (wet) decontamination unit prior to exiting the work area. 7.1.1 Workers shall exit work area in suit and respirator then proceed to decontamination unit. 7.1.2 Workers shall enter decontamination unit through equipment room. 7.1.3 Workers shall remove suit while in equipment room and shall place suit in disposal bag. 7.1.4 Workers shall shower while wearing respirator. 7.1.5 After showering worker shall exit to clean room where they shall dress in r• standard clothing. MOM 8.1 General: Respiratory protection will be required in all work areas and during all phases of project, including, but not limited to the following: -critical prep work, -glove bag removal, -waste load out, K -decontaminating of worker and work area. F 02050-3 U F 8.2 Respiratory protection for workers shall be provided by the Contractor as required by current OSHA regulations. 8.3 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. 8.4 The contractor shall provide a licensed supervisor for the duration of the project to act as his "Competent Person" as defined by OSHA regulations. 8.5 Minimum Respiratory Requirements: The minimum respiratory requirements for this project are as follows: 8.5.1 Preparation Work: Half -face, air purifying respirator equipped with high efficiency (HEPA) filters. A) Use half -face respirator while doing preparation work only. B) No abatement work will be done while wearing this type respirator. 8.5.2 Abatement Work (Under 1.0 fibers/cc): Powered air purifying respirators equipped with high efficiency (HEPA) filters. A) Use high efficiency powered air -purifying respirators whenever the fiber count is less than 1.0 fibers/cc. 8.5.3 Abatement Work (Above 1.01 fibers/cc): Type "C". A) Use type "C" supplied air respirators whenever the fiber count is 1.01 fibers/cc or greater. 8.6 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. 8.7 Respiratory Protection for Inspection Personnel: 8.7.1 The project shall be subject to on -site inspection by OSHA, EPA, Owner's Representative, etc. 8.7.2 Contractor shall provide clean respiratory equipment for any and all inspectors. 8.7.3 Contractor shall provide throughout the project a complete set of equipment (respirator and disposable clothing) for the Consultant's personnel. END OF SECTION - 02050 02050-4 7 L' SECTION 02070 - CONTAINMENTS 1.1 This section describes the containment and decontamination unit the contractor shall employ for each work area. 1.2 The contractor shall provide a full containment for each work area. Contractor shall B treat each area as a single containment complete with hepa filtration, worker decontamination unit, and two layers of poly on all walls. PARS 2 - PRODUCTS 2.1 Polyethylene sheeting: Provide polyethylene sheeting of 4 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 OSHA required asbestos hazard warning signs and barrier tape. 2.5 HEPA Filtration Device: Contractor shall provide HEPA filtration device(s) for each work area. Fans shall be able to maintain 4 air changes per hour in work area. 3. GENERAL CONTAINMENT PROCEDURES: 3.1 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. 3.2 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. 02070-1 3.3 Decontamination unit: Unit shall be constructed to provide for equipment room, 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. 3.3.1 Construct so that modesty is maintained; all workers shall leave the decontamination unit fully dressed. 3.4 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. 3.4.1 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. 3.5 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. 3.5.1 Attach to containment so that air is drawn through waste storage/bag out area. END OF SECTION 02070 02070-2 SECTION 02083 - SPRAY -ON FIRE PROOFING REMOVAL METHOD Fgix"1Q " 1.1 This section describes the removal methods for ACM spray -on fire proofing. 1.2 Materials to Be Removed: The following asbestos -containing materials are to be removed: 1.2.1 Spray -on fire proofing inside air handling unit rooms. 1.3 Remove all such materials within each space starting at the interior surface of the wall. 1.4 Inspect each indicated area to determine the quantity of ACM to be removed. 1.5 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. 2.1 Contractor shall visit site and review drawing to determine difficulties involved with removal of the specified ACM materials. �- 3. ABATEMENT MATERIALS: r 3.1 Wetting agents: Provide wetting agents for wetting ACM before disturbance, use either amended water of diluted removal encapsulates. 3.2 Sprayer: Provide sprayer with capacity of delivering a spray under pressure. 3.3 Waste Containers: Disposal bags provide 6 mil disposal bags for ACM pipe lagging, and sealable drums for floor tile. 3.4 Encapsulant: Provide lock down encapsulants for the encapsulation of fibers following the abatement. 02083-1 F 4.1 Prior to beginning any cleaning start Hepa filtration devices and attach decontamination unit. 4.2 The contractor shall pickup all visible ACM debris scattered in the work area. Bag and store in waste storage area. 4.3 The contractor shall wash down and wet wipe effected area prior to HEPA vacuuming same. 111111MMU, MIL11MOMW kinL 5.1 Prior to removal all affected ACM shall be adequately wet to reduce the spread of fibers and dust in the work area. 5.2 Prior to removal all AHU shall be fully covered with poly sheeting. 5.3 All ACM removal shall be conducted inside a full containment with HEPA filtration fans, with a attached decontamination unit. 5.3.1 No un-bagged waste shall accumulate in the work area. 5.4 The removal shall be conducted by teams. A team shall consist of one man ' doing the removal, and one man below bagging waste. 5.5 Removal shall be accomplished using a scrape -method where fire -proofing is scraped from substrate using a flat scraper. 5.6 At no time shall the removal method allow un-bagged amounts of ACM to accumulate in the work area. 5.7 All bagged waste bags shall be wiped clean and placed in the waste storage area prior to the end of that shift. END OF SECTION 02083 02083-2 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. 1.2 The cost for the disposal shall be the contractor's expense, and shall be included in the bid amount. WfAIMS�; .► 2.1 Licenses: The contractor shall be licensed with the State for transporting asbestos. 3.1 Asbestos Disposal Barrels: Provide steel or fiber barrels for waste. 3.2 Asbestos disposal bags: Provide 6 mil disposal bags with proper hazard warning label. 3.3 Owner's Label: Provide printed 3X5 owner labels for each disposal bag. Label shall comply with NESHAP/TAHPA reguirements for asbestos waste. Vviut win M. 4. GENERAL: 4.1 Collect and dispose of asbestos waste, scrap, debris, bags, containers, equipment, and asbestos contaminated clothing in sealed impermeable bags/barrels. 4.2 Prior to placing in bags/barrels, 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. 4.3.1 The "small quantity exclusion' of the regulations shall not apply to disposal of waste asbestos materials. k 4.4 Housekeeping: Essential parts of asbestos dust control are housekeeping and clean-up procedures. 4.4.1 Maintain all surfaces throughout the work area free of accumulations of asbestos fibers to prevent further dispersion. 4.4.2 Give meticulous attention to restricting the spread of dust and debris, keep waste from being distributed over the general area. 4.4.3 Use approved industrial vacuum cleaners with a HEPA filter to collect dust and small scrap. 4.4.4 The use of compressed air is forbidden. 4.4.5 In all possible instances workmen shall clean up their own areas. 4.5 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. 4.6 Contractor shall provide disposal bags/barrels with labels as required by NESHAP regulations. $. PRELIMINARY CLEANUP AND INSPECTION: 5.1 After abatement is complete the Contractor shall remove all bagged ACM from the work area prior to requesting preliminary inspection by the Consultant's representative. Contractor shall remove any additional sheets of floor or wall covering, being careful to not break the containment. 5.2 After all ACM materials have been removed, bagged, and transferred out of the containment the Consultant will inspect the work area to establish that all gross amounts of ACM have been removed. Visual observation of asbestos materials, dust or debris is not permitted on any surface in or around the work area. 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. r" _01Z ; _ _ A' Z 7.1 Upon notification that the area is ready for ready for clearance sampling, Owner's representative shall perform the clearance air sampling. r 7.2 Re -Testing for Final Clearance: In the event the work area does NOT pass the first air w clearance testing (the concentration of asbestos fibers is outside stated limits), then Contractor shall re -clean the entire area by thoroughly wet -wiping every surface in the rwork area (floor, wall, ceiling, etc.). At the end of this re -cleaning process the Contractor L shall notify the Owner's representative who shall again take the required air samples. K�J�iltT,7��i'-wis 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, r powered, air -purifying respirators, etc. 1 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 r 6-mil bags/barrels. 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. r' 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, or with final pay request. 9. DISPOSAL OF ACM WASTE: 9.1 Waste Manifests: All waste shall be manifested on a State manifest. 9.2 Contractor shall provide copy of executed manifest for the owner. END OF SECTION 02090 02090-3 r-