HomeMy WebLinkAboutResolution - 5462 - Contract - Vanco Insulation Abatement Inc - ACM Abatement, LP&L Plant #2 - 04_10_1997RESOLUTION NO.5462
Item #30
April 10, 1997
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 with Vanco Insulation
Abatement, Inc., of Midland, Texas, to install and furnish all materials and services as bid for
the ACM Abatement at LP&L Plant #2, attached hereto, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 10th day of April , 1997.
ATTEST: -
Ka 'e Darnell, City Secretary
APPROVED AS TO CONTENT:
Victor KilmaxU, Purchasing Manager
APPROVED AS TO FORM:
Db6ald G. Vandiver, F
City Attorney
aa/ccdocs/vancoses
April 1, 1997
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CITY OF LUBBOCK
SPECIFICATIONS FOR
ACM ABATEMENT AT LUBBOCK POWER & LIGHT PLANT #2
BID #97074
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CITY OF LUBBOCK
Lubbock, Texas
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ITB #97074, Addendum #1 .
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 7J457
806-767-2167
ADDENDUM#1
ITB #97074
ACM ABATEMENT @ LP&L PLANT #2 1
MAILED TO VENDOR:
CLOSE DATE:
March 20, 1997
Office of
Purchasing
March 26, 1997 @ 2:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. In section 01010 Summary of Work paragraph 2, add the following:
2.1.3 All ACM gaskets from each of the boilers several inspection doors. No extension in
contract time will be allowed.
2.3 Abatement/removal of 4 inches of contaminated soils from around boiler. Remove soils
from area bounded by sidewalk to the north of boiler #7, to fence to east and 10' south of boiler
#3.
2. Please find enclosed revised Bid Submittal Form which includes Alternate #1, per Section 02082
Asbestos Removal of Contaminated Soils.
3. Also enclosed Section 02083-ACM Contaminated Soils Removal Method.
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to
or Email to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806)767-2164
RShuffield@mail.ci.lubbock.tx.us
T;onSh
YOU
ffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
97074adl .doc
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SECTION 02083 - ACM CONTAMINATED SOILS REMOVAL METHOD
PART1-GENERAL
1. DESCRIPTION OF WORK:
1.1 This section describes the removal methods for ACM contaminated. soils.
1.2 All soil redemption/removal will be performed on adequately wet soils, run off will
be controlled. All soils will be disposed of as ACM.
1.3 Contractor shall visit site and review drawing to determine difficulties involved with
removal of the specified ACM materials.
1.4 The soil removal will be bid as an alternate to the base bid. The owner reserves the
right to accept or reject the alternate at will.
PART 2 - MATERIALS TO REMOVE:
2.1 The contractor shall remove four (4) inches of soil from below and adjacent the
boiler on site.
2.2 The contractor will remove metal raceway covers and clean the raceways of dirt and
contamination.
2.3 Remove soils from with in these boundaries:
2.3.1 North: Begin at sidewalk north of boiler #7, from chain -link fence to
building. East: East boundary will follow chain -link fence . West: Main
building. South: South boundary will be a line 10 feet out from boiler #3 to a line
parallel with the chain link fence.
PART 3 - EXECUTION:
3. REMOVAL OF CONTAMINATED SOILS:
3.1 Contractor shall remove four (4) inches of soils from the area below and around the
boiler and within the above boundaries.
3.1.1 Contractor shall first wet the soils and allow to soak. The soil shall be
maintained wet through out the removal and disposal.
3.1.2 Maintain hoses on site to continuously mist soils during the removal
process.
3.2. The soils may be removed with small front end loader where possible, tight spaces
may be removed with shovels and placed in front end loader.
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3.3 Soils removed must be placed in dumpster and sealed at the end of each work day.
4. DISPOSAL OF ACM WASTE:
4.1 The contractor will provide 40 yard dumpsters for the disposal.
4.1.1 The dumpster shall be lined with two layers of 6 mil minimum poly. Line
dumpster to provide a leak tight bladder bag and cover for top.
4.1.2 Post hazard warning signs on each.
4.2 Place contaminated soils in dumpster wet, seal and protect from weather at the end of
each work day.
4.3 Clean up and disposal. See Section 02090 for details.
END OF SECTION 02080
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BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE:
DATE:
PROJECT NUMBER: BID #97074 -ACM ABATEMENT AT LUBBOCK POWER & LIGHT PLANT #2
Bid of
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation forbids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
r- work required under the contract documents.
MATERIALS: ($ )
r SERVICES: ($
TOTAL BID: ($ )
ALTERNATE #1: ACM Contaminated Soils Removal. An additional 14 consecutive calendar days shall be added to
Time for Completion if accepted:
MATERIALS: ($ )
SERVICES: ($ )
TOTAL ALTERNATE #1 (Add) ($ )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
�- "Notice to Proceed" of the Owner and to fully complete the project within 49 (FORTY-NINE) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
as liquidated damages the sum of $300.00 (THREE HUNDRED DOLLARS) for each consecutive calendar day in excess
of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
rr^ on which he has bid; as provided in the contract documents.
1.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashiers check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if
required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashiers Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by
the Owner and the undersigned fails to execute the necessary contract documents 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.
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.
Authorized Signature
(Printed or Typed Name)
Company
Address
City, County
State Zip Code
Telephone: -
-r Fax:
` (Seal if Bidder is a Corporation)
ATTEST:
�. Secretary
I.
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: ACM ABATEMENT AT LUBBOCK POWER & LIGHT PLANT #2
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 97074
PROJECT NUMBER: 9056.9211
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #97074
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received In the
office of the Purchasing Manager, Municipal Building, 162513th Street, Room L-04, Lubbock, Texas, 79401, until 2-00
o'clock p.m. on the 26th day of March 1997, or as changed by the issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"ACM ABATEMENT AT LUBBOCK POWER & LIGHT PLANT #2"
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 I Oth daX of April, 199L at the Municipal Building, 162513th
Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all
bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price
exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of j3 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 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of
award of the contract to him.
It shall be each bidders sole responsibility to Inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on
19th day of March. 1997, at 10:00 o'clock a.m., in the Purchasing Conference Room L04, 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.
CITY OF LUBBOCK
V�
ViCTO KI
PURCHASING NAGER
Bid documents may be obtained upon request from the Purchasing Department at 162513th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164.
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
4 The contractor shall fumish all labor, superintendence, machinery, equipment and all materials necessary to
r,. complete this project In accordance with contract documents for the ACM ABATEMENT AT LUBBOCK POWER
& LIGHT PLANT 02.
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
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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, maybe examined without charge as noted in the Notice
to Bidders.
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4. BIDDER INQUIRIES
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
S. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 35 (THIRTY FIVE)
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.
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7. 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.
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.
9. 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.
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"'. 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 and utilities of which It has knowledge. However, such fad shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
Immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, fumish 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
r barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
r- 15. 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.
r 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.
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.
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 fumished 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.
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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 coverage's shall be submitted prior to contract execution.
The insurance certificates fumished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all
proof of coverage insurance documents including workers compensation coverage for each
subcontractor.
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 general prevailing rates of per diem wages as above mentioned. The bidders'
attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for
the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of _
the schedule of general prevailing rate of per diem wages in these contract documents does not release the
Contractor from compliance with any wage law that may be applicable. Construction work under this contract
requiring an inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires
to do work and obtain written permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
In any event, If a condition should occur or arise at the site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life.
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 Contractonand 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, swom, 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.
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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
r' 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 fumish 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
z address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The
.m 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.
r " 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.
(I) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
n 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.
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23. QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that It has the necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The bidder may also be required to give a past history and references in order
to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable .-
Investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or Investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to
complete the work described therein. Evaluation of the bidder's qualifications shall include:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
rl
d.
MD SUBMITTAL
BiD SUBMITTAL
LUMP SUM BiD CONTRACT
PLACE: Purchasing Manager's Office, Room L-04
DATE: March 26, 1997
PROJECT NUMBER: BiD #97074 - ACM ABATEMENT AT LUBBOCK POWER & LIGHT PLANT #2
Bid of Vanco Insulation Abatement, Inc.
--------------- -
(hereinafter
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your levitation for bids for the construction of a
" ACM ABATEMENT at
LUBBOCK POWER & LIGHT PLANT # 2 Bid # 97074
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the Intended work, and being familiar with all of the conditions surrounding the
construction of the Intended project Including the availability of materials and labor, hereby Intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
Within the time set forth therein and at the price stated below. The price to cover all expenses Incurred In performing the
work required under the contract documents.
MATERIALS: ELEVEN THOUSAND,THREE HUNDRED,TWENTY FIVE ($ 11,325.00 )
SERVICES: FORTY THOUSAND,ONE HUNDRED,FIFTY THREE ($ 40,153.00 )
i" TOTAL BID: FIFTY ONE THOUSAND, FOUR HUNDRED, SEVENTY EIGHT($, 51,478.00 )
(Amount shall be shown In both words and numerals. In case of discrepancy, the amount shown in words shall govem.)
i—
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 35 fTHiRTY FiVE) consecutive calendar days
thereafter as stipulated in the specifications end other contract documents, Bidder hereby further agrees to pay to Owner
as liquidated damages the sum of $300.00 #THREE HUNDRED DOLLARS) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions
of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
Instruction number 21 of the General instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
Fbidding.
-r•-7.!"d7q Y'`•"/jr '^' �. �. ,... •'^*+`r Tr✓ '?w+. [-r •. t w.• rye s e .v .n,.-r+.�
IF
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered b this bid and he further agrees to
P � P Pe 9 Y � 9
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five: percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds Of
required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars (y ) or a Did Bond in the sum of Five Thousand Dollars ($ 5, 000),
rwhich it is agreed shalt be collected and retained by the Owner as liquidated damages in the event the bid is accepted by
the Owner and the undersigned falls 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.
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.
IF
IF,
IF
IF (Seal if Bidder is a Corporation)
f
Authorize Signature
Coy Crow
(Printed or Typed Name)
Vanco Insulation Abatement, Inc.
Company
5804So. Fm. Rd. 1788
Address
Midland Midland
CTtexas County Texas
State Zip Code
Telephone: 9 15 5 61- 9 2 2 4
Fax: 915 _ b -
** No Seal Corporation**
IFATTEST: \N
..\ �IF z
Secretary n 'Crow
it
F
F
THE AMERICAN INSTITUTE OF ARCHITECTS
r
r AIA Document A310
i�
Bid Bond #210611
KNOW ALL MEN BY THESE PRESENTS, that we
Vanco Insulation Abatement, Inc. (Here insert full name and address or legal title of Contractor)
5804 S. Fm Road 1788, Midland, TX 79706
as Principal, hereinafter called the Principal, and
r Credit General Insurance Company of Texas Mere insert full name and address or legal title of Surety)
1200 Walnut Hill Lane, Irving, TX 75038
a corporation duly organized under the laws of the State of Texas
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Lubbock Mere insert full name and address or legal title of Owner)
1625 13th Street, Lubbock, TX 79401
as Obligee, hereinafter called the Obligee, in the sum of Five Thousand ************************
Dollars ($ 5,000.00 ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
PM ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
Mere insert full name, address and description of project)
Asbestos abatement Lubbock Power and Light Plant #2
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
l with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the principal to enter
r" such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
7
I
Signed and sealed this 20 day of March 1997
Vanco Insulation Abatement, Inc.
(Principal) (Seat)
(i?V' ess)
Cory Crow (Tide) P
/r
�esident
'Ge /Z/ Cre neral 1 e m y/of Texas
i (S a (Seat)
!loess)J '41 �
e M. Bre (Title) Attomey-in-Fact
917
AIA DOCUMENT A310 • BID BOND • AIA 4) • FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
r,. Credit General Insurance Company of Texas
POWER OF ATTORNEY 210611
KNOW ALL MEN BY THESE PRESENTS: That the Credit General Insurance Company of Texas,
organized and existing under the Laws of the State of Texas does hereby nominate, constitute and appoint:
Anne M. Brennan and William L Ballay and Michael L Friedrich
of Chicago, Illinois
Its true and lawful Attomey(s)-in-Fact act 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
r, One Millinn TwnlTundred Fir y Thnuund slid nnnnn__ Dollars ($ •$%*I ?Soy 00w0• ).
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 Credit General Insurance Company of Texas on December 1,
1992:
!' `RESOLVED, That any two officers of the Company shall have the authority to make, execute and
deliver a Power of Attorney constituting as Attomeyfsl-in-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 any such Power ofAttomey or any certificate relating thereto by facsimile; and any such Power of
Attomey or certificate bearing such facsimile signatures of 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 Credit General Insurance Company of Texas has caused its corporate seal
to be hereunto affixed, and these presents to be signed by two duly authorized officers this 13th day of January, A. D.
1994. CREDIT GENERAL INSURANCE COMPANY OF TEXAS
�Vt9�
L By.
a a • g Robert J. Lucia, President
y
,'boo . ,tee
By:
..
g Faze ecutive Vice President
THE STATE OF OHIO
CUYAHOGA COUNTY
On this 13th day of January, A.D. 1994 before me personally came RobertJ. Lucia and Gregory A. Fazekash,
President and Executive Vice President, respectively, of Credit General Insurance Company of Texas, 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 Corporation, 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.
DOPEEN ESMO Of pyFHf.ZY N011ryPy�11�,'
Eiji . mmmvn EM11 a _ �.►+� �/'�\
k t;Z P, Notary Public, State of OhOD
I, Barry W. Moses, Secretary of Credit General Insurance Company of Texas, do hereby certify that the
r above and foregoing is a true and correct copy of a Power of Attorney issued by Credit General Insurance Company
of Texas, 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.
r"' In Witness Whereof, I have hereunto set my hand and ffixed the seal o said C any at Beachwood,
j Ohio, this 20th day ofMarch 1997 A.D.,
r 0 9 s E C ZGC�
�� ay B ry W. ase , Secretary
PAYMENT BOND
r
a
7
BOND CHECK
BEST RATING
UCENS D I TEX S
DATE BY+
04/15/1997 13:51 4092911217 WYATT AGENCY PAGE 05
.-.. •• .. — a -•r -- � r � • � u N y '� 4 F _ Gf 3
f
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE #200640
F
(CONTRACTS MORE THAN $25,000)
Vanco Insulation Abatement, Inc.
NOW ALL MEN BY tFIESE PRESENTS, that (hereinafter called the Prine+pat(s), as
-rincipat(s), and. Credit General Insurance Company of Texas
-ierelnafler cellod the Surety(s), as Surety($), are held and firmly bou 0 the City of Lubbock (hereinafter caged the
)bltpee), In the amount of Q>e Pb� Se;�3zk�at3 (a�i478-� ) ►awful money of the
rinited States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminlstralorS,
xecutors, aucckssors end assigns. Jointly and severally, firmly by these presents.
WHER"S, the Principal has entered into a certain written contract with the Obilpee, dated the day of
f:
to pem W ACM and Soil from Boiler -,--
Lubbock Power & Light
F
f :ntl said Principal under the lave Is required before commencing the work provided for in said contract to execute a bond
i the amount of said contract which contract is hereby referred to and made a part hereof as tuny and to the same extent
�s If copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH. that If the Bald Principal shall pay all
tiaimants supplying labor and material to him or a subcontractor in the prosecution of tha work provided for in SaM
ntract, then, this obligotion Shall be void; otherwise to remain in full force end effect;
70
PROVIPED, HOWEVER, that this bond iS executed pursuant to the provisions of Section 2253.021(a) of the
'exas Governrhont Code, and all liabilities on thts bond shall be determined In accordance with the provisions of said
vitae to the same extcnt es if it were copled t length herein.
abject to o rit�r ate l�to and mam a part ham.
�• IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
16th
day of 1 11 10 97
i Credit General Insurance Company of Texas Vanco Insulation Abatement, Inc.
;,uret
r (Title) Attorn y—in—Fact
r
tlCtl�
r
Principal
{� President
By
critic)
r
II 04/15/1997 13:51 4092911217
PRO APR- 1 4 - 97 MAIN �i 4 F.
WYATT AGENCY
PAGE 06
P . (34
row
i
r The unders1gnPd surety company represents that it Is duly qualified to do business In Texas, and hereby
e51QnetesS e� Bejow an agent resident In Lubbock County towhorn any requisite notices maybe delivered and
n whom service or process may be had In matters arising out of such suretyship.
Credit General Insurance Company of Texas
7 Resident Agent: _
Walker Metcalf Surety
P.O. Box 2783 'd
Lubbock, Tx 79408
(rule)
,pproved as to Form
:ity of Lubbock
City Attomey
Mote; If signed by an officer of the Surety Company, there must be on Life a certified extract from the by-taws'shomnQ
+ 'iat this person has vy1hority to sign such obllgalion. If signed by an Attorney in !`act, we must have copy of power of
.ttomey for our flies.
r
E
7
I
r".
Credit General Insurance Company of Texas
i
Surety Rider
To be attached to and form a part of bond # 200640
in the amount of $51, 478.00
on behalf ofyanco Insulation Abatement, Inc.
as principal, and executed by Credit General Insurance Company of Texas as surety
in favor of city of Lubbock, TX 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 Obligee(s) unless the Obligee shall
make payments to the Principal, or Surety in the event contract funds are claimed, 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. Also, any work performed by the Principal
which is outside of or in addition to the original contract specifications must be mutually agreed
upon as to price and quantity by both the Obligee(s) and Principal and consented to by Surety in
order to be considered part of this bonded contract. Surety shall not be responsible to Obligee(s),
subcontractors. suppliers or laborers for payment related to, or completion of any work which is
outside of this bonded contract.
SECOND: This bond is not intended to be derived as any form of insurance coverage, therefore, it
r assumes no liability or requirement 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, for 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: April 16, 1997
is B ,7-1
-41
Pri ipa! Date
By:
1 q. /-�'
April 16, 1997
Attorney -In- ac Date
Witness
�. Credit General Insurance Company of Texas
POWER OF ATTORNEY Z C P 6 4 O
r KNOW ALL MEN BY THESE PRESENTS: That the Credit General Insurance Company of Texas,
organized and existing underthe Laws of the State of Texas does hereby nominate, constitute and appoint:
�. Anne M. Brennan and William d. Ballay and Michael L Friedrich
of Chicago, Illinois
Its true and lawful Attomey(s)-in-Fact act to make, execute, attest, seat and deliver for and on its behalf and as its
r- act and deed bonds or other writings obligatory in the nature of the bond on behalf of said Company, as surety, bonds,
i 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
r One NLillion Two Hundred Fiftg,Thousand and 0o/100-- Dollars ($ •••1.250k00.00••• I.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following
t Resolution adopted by the Board of Directors of Credit General Insurance Company of Texas on December 1,
1992
'RESOLVED, That any two officers of the Company shall have the authority to make, execute and
deliver a Power of Attomey constituting as Attomeyfal-In-Fact such persons, firms or corporations as may
be selected from time to dme.
r— FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be
affixed to any such Power ofAttomey or any certificate relating thereto by facslmAe, and any such Power of
` Attorney or certificate bearing such facsimile signatures of facsimile seal shall be valid and binding upon the
Company Ln the future with respect to any bond or undertaking to which It Is attached.'
IN WITNESS WHEREOF, The Credit General Insurance Company of Texas has caused its corporate seal
t to be hereunto affixed, and these presents to be signed by two duly authorized officers this 13th day of January, A. D.
1994. CREDIT GENERAL INSURANCE COMPANY OF TEXAS
I rence
Robert J. Lucia, President
By:
g Faze Oecutive Vice President
THE STATE OF OHIO
CUYAHOGA COUNTY
On this 13th day of January, A.D. 1994 before me personally came Robert J. Lucia and Gregory A. Fazekash,
President and Executive Vice President, respectively, of Credit General Insurance Company of Texas, 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
7 the authority and direction of said Corporation, 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.
Q�,M�OPUAO
DOREEN E FE iENCZY NxwyPublic _ 8mdCncMy Ow awn Ex� Notary Public, State of Oh
I, Barry W. Moses, Secretary of Credit General Insurance Company of Texas,, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney issued by Credit General Insurance Company
of Texas, 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 ffixed thAsealsaid C any at Beachwood,
Ohio, this 16th day of April A.D., 1997 s,�ta"�
16
se , Secretary
Q+� • s�'
PERFORMANCE BOND
BOND CHECK
BEST RATING /0
LICEN D FNT S
DATE BY,
174/ 1:D/ 1WYHI I AUtNUY F'Aht rlj
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE #200640
(CONTRACTS MORE THAN $100.000)
Vanco Insulation Abatement, Inc.
KNOW ALL ULN BY THESE PRESENTS, that (hereinafter called the Princlpal(s). as Princlpal(s). and
Credit General Insurance Company of Texas 1200 Walnut Hill Lane, Irving, TX 75038
(hereinafter ulled the Surety s), as Surety(s), are held and firmly boun the City of Lubbock (hereinafter called 11
Obligee), In the amount of CM Trox d Fcor Rxrh'e3 51,478.00 t lawful MOdey of the
United States for the payment whereof. the said Principal and Surety bind themselves. and their heirs, administrators,
executors, successors and assigns, Jointly and severally, firmly by these presents_
VVHF-!�EAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
-1 19_, to Remove ACM and Soil frown Boiler
Lubbock Power & Light
1
and said principal under the law Is required before commencing the work provided for In said Contract to execute a bond
In the ar"nount'of said contract whlch contract Is hereby referred to and made a part hereof as fully and to the same extent
as If copied etilenglh herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLiGAT16N IS SUCH, that If the said Principal shall
faithfully perform the work In accordance with the plans, speciricatlons and contract documents, then this obligation span
be Vold; 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 Ilabllities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if It were copied at length herein.
SUbj t to titer att� h=ebo and m�da- a Fart hamcf.
IN WitNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this Instnilnent this 16th
day of AP,r.11 , 19.�• �'
Cr General Insuran Company of Texas Vanco Insulation Abatement, Inc.
Sure L Principal
PrI
(tile Pr�si-ent
( ) tthrney—in—Fact
By:
(Title)
ey: ..___.. ._
(Title)
04/15/1997 13:51 4092911217 WYATT AGENCY PAGE 04
AR:R— t-4—O7 M N 9 s d,a
0 4
The undPrstgnpd surely company represents that it is duly qualified to do business in Texas, end hereby
�stpnetessee §3 ] ow an agent resident in Lubbock County to whom any requisite notices may be delivered and
n whom service or process may be had In matters arising out of such suretyship.
.- Credit General Insurance Cornpany of
Resident Agent: T=As
Walker Metcalf Surety ?
P.O. Box 2783
Lubbock, Tx 79408 Ty7
Itlej
rpproved as to Form
11 :ity of Lubback
` Cily Attomey
7ote� If signed by an officer of the Surely Company, there must be on file a certified extract from the by -taws showing
4 iet th's person has aylhority to sign such obligallon. It signed by an Attomey fn Pact, we must have copy of power of
attorney for our fires '
I�
r
a
r
r
CERTIFICATE OF INSURANCE
r
7,
P"
04/29/1997 10:06 409291/217 4NATT AGENCY PAGE 02
7
7
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7
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CERTIFICATE OF INSURANCE
3: CITY OF t_UR$OCK OATE: 4-15-97
P.O. Box 2000
LUBBOCK, TA 71457 TYP . OF PROJECT:
�Asbestos Aevent
Vance Insulation Abatement, Inc.
41S is TO CEAIIFY ;THAT 5804 South FM-1788. _Mi61 and, TX 7A7O (Marne and Address of lnsur" Is, at
e dpt.e of this eP,itirci.s. Insured by this Company with respect 10 the bUSIAM operi.11ona herelneMor described, for the
pod of Insulnnce End In accordAlIce with She provisions of the standard potkles used by this company, the lu+lher
rrerraAer dCS-,rlbnd •Excrptlon% to standard policy noted hereon.
1T F 1
E O9VRnIGE
73M U►A6ER
EFFECTIVE
EFrCGTaliJr,
MiT6
GATE
DATE
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XCOMMerrlilt,cr'c•alt4+rttty
r.11"svaca
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9/9/96
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relit Generahl Inc . Ca.
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Any A,, a
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11/22/96
11/22/97
��^ed Eln�ie t,Mn 5 000tOQQ,
.
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X50iedaod AOos
godly Injury (pat AeetderQT_` _ -� " •— •_�
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Non.OM++�d l�lcf
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Each Accident i • ....._
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100% Cr me Told C4Itact mice
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.e ProprWott tr Included
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EachA"#M i
Ir4rs are
DIS4:21 Poncy LIMI
•
t7lte5s�EaehEm�oyw
........._
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City of.Lubbook is
an additl
nal, ins
ed on a
ove policies.
he shove pe)VOcs eithor In the bxy thereor or by a;rmprlate endorsement proviQe that th¢y may not be chongcd or
sn?�eled by the Insurer in less than he teal time required abler the Insured has rV0elved written notico of such change
r cance!lailon, Cr in c,"te there Is na legs requirement, In fess than five days In advance or Canoetlaticn.
IVE COPIES OF THi CERTIFICATE OF INSURANCE @ 'SCE d • J •� tt�,) fvc.�F �'..`
IUST BE SENT TO 'ENE CiTY OF LUe130CIc am rE`f�_ — • ' """
Tine:
r
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I
CERTIFICATE OF INSURANCE
i .
CITY OF LUVt60CK IbATE: 4-15-97 _ .^
P.O. BOX 2400
LUSSOCK, Yx T945T TYPE OF PROJECT:
Asbestos Abatement T_,.�
Vanco Insulation Abatement, Inc.
AIS IS TO CEA' TiFYTHAT 5804 soutr 1+M 1708, -xidland . ML 7271)A I (Name and Address of Insured) Is, at
s date of this eertificiia, Insured by this Company with respect to the business oper6tions hereinafter deaoribed, for the
ped of Insurance and: in accordance with the provisions or the slumlord policies used by this company. the frldher
!rernafler dCSviDod. ,Exceptions to standard policy noted hemon,
11 a�a 7w.�d"�r+ Ys �} •
TYPE pF ITd9l1Rr\NC
POLICY 'UM6EFt
EFFa:CjiV
OATC
EFFEC IVt:.
DATE
_.. ham. !•V ,J!..��'.A,'Ii:i!'Y
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9/9/96
9/9/97 '
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godly Injury (Per Accident)T,`
Hired I Nos :
Property Damage S-
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Auto bnty - Each Accident
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disease Policy limit
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he above policies either In the body thereof or by appropriate endorsement provide the they may not be chongnd or
anceled by the Insurer In less than the legal time required alter the Insured has recelye written► Mice of such Change
r raneeliallon, or in case there Is no legal requirement, in less than five days In advance of Oanceltation.
IVE COPIES (5P THEI CERTIFICATE OF INSURANCE te
LUST UE SENT TO tHE CITY OF LUBBOCK
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APR. 16' 97(N'I D) 10.00 MARROW GROUP, LTD, TEL:110 931 7933 P. 001
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PRODUCER
THIR CERTIFlCATE 15 ISSUFP AS A MATTER OF INFORMATIO N
ONLY AND CONFERS NO RIGHTS UPON YHE CERTIFICATE:
pUBARROVY GROUP, f_Y0,
HOLDER. THIS CERTIFICATE DOE& NOT AMEND, EXTENA OR
636 EXC"ANGE PLACE, GUITE 300
LTF. THE Mffift8GE AFFORDED -BY T►IE Pt? ICIEs OELOW
MOURN, GA 30247
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COMPANYLEGION INSURANCE
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COMPANY`
3800 EAST 42ND STREET, #306
ODESSA, TX 70762
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THIS IS TD CERTIFY THAT YHE POLICIES OF INSURANCE LISTED BELOW
HAVE BEEN ISf3UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDINC ANY REOUIRMIENT, T5AM OR CON31Y)ON
OF ANY CONTRACT OR OTHER VOCUM£NTWITH AMPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 6 Y THE POLICIES OESCRIDED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
_
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LTK TYPE OF INSURANCE POLICY NUMPER
POLICY EFFECTIVE POLICY FKPWATICN
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til 'noN OF RAT14NIu40CATTON3JVE!ti {. 6PkC1AL ITEMO
COVERAGE IS M'ENDEID TO THE LEASED EMPLOYEES OF ALTERNATE EMPLOYER.,
VANCO INSULATION ABATEMENT
INCLUDES WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER
MIGULD-ANY OF THE 40ME DESCRIBED POLICIES BE CANCELLED 44FORE THE
CITY Or LUBBOCK
ExPIFATtm DATE THEREOF. THE 183LUNG COMPANY VAdLL CNDCAVOR To MAIL
P O HOX 2000
3P DAYS WRITTEN NOTICE TO THE CERTIFICAT@ MXDER NAMED TO YHE LEFT,
LUOROC:K, TX 7A457
WJT FAn-untTOMAIL Zu" NOYICZ114ALLWPCRH NO001-10AYMN ORLIAINIIITY
OF ANY KIND UPON THE COMPANY, ITR AOEIYTR OR KPRESENTATM&
r
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have
been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this
contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by
r contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
bid/proposal.
•• Agent (Signature) Agent (Print)
F
i
Name of Agent/Broker: _
Address of Agent/Broker:
City/StatelZip:
Agent/Broker Telephone Number: ( )
Date:
7 CONTRACTOR'S NAME:
(Print or Type )
CONTRACTOR'S ADDRESS:
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to reject this bid/proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please
contact the Purchasing Manager for the City of Lubbock at (806)767-2165.
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BID #97074 - ACM ABATEMENT AT LUBBOCK POWER & LIGHT PLANT #2
r
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C
A CONTRACTOR SHALL:
(2)
r
(3)
(4)
i`
(5)
(6)
CONTRACTOR CHECKLIST
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;
provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
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;
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;
retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
notify the governmental entity In writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site Informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to
provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
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r
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
'f 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."
(8)
r
"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
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 (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (hl), with the certificate of coverage to be provided to the person for whom they
are providing services.❑
I-
U
O
U
CONTRACT
7 STATE OF TEXAS
COUNTY OF LUBBOCK
�. THIS AGREEMENT, made and entered into this 10th Day of April,1997 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through Windy Sitton, 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 997074 - ACM ABATEMENT AT LUBBOCK POWER & UGHT PLANT 92 - $51,478.00
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 constriction 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
r been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
�^ with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
1,
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ATTEST: _ CITY OCK, TEXAS ( ER)
PMAM Bv:
j e _ _ YOR �
(PROVED k1S TO LNTENT:
NVelf-,
Mi/—Z*--
, MA— t5a ,
f
ATTEST:
�,. Corporate Secretary
CONTRACTOR:
VANCO INSULATION ABATEMENT, INC.
By:
PRINTED NAME: +-✓
TITLE:
COMPLETE ADDRESS:
Vanco Insulation Abatement, Inc.
5804 So. Fm. Rd. 1788
Midland, Texas 79706
7
GENERAL CONDITIONS OF THE AGREEMENT
C
7 GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
i� 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.
r" 2. CONTRACTOR
i
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 Insulation Abatement,
Inc. who has agreed to perform the vmrk 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, City of Lubbock, under whose supervision these contract documents, including plans and
specifications, were prepared, and GEORGE LISENBE, BUILDING AND ENERGY ADMINISTRATOR, 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 persons acting
on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instnxitions 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.
5. INTERPRETATION OF PHRASES
7
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
vonds of like Import are used, It shall be understood that the direction, requirement, permission, order,
r" designation or prescription of the Owner's Representative Is intended; and similariy, the words "Approved,"
"Acceptable" "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
r' 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.
r
T. 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.
F
S. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
Ail work shall be done and all materials fumished In strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative:Wll
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 coples 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 forthe Owner
that the completed project will conform to the requirements of the contract documents, but he Wit 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 Wit keep the Owner informed of the progress of the work and will endeavor to
guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the
commencement of the writ 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 destnxMon 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.
F
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.
i` The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
i 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
r" time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials fumished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
�•- furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
1 proper Inspection and examination of the work. The Contractor shall regard and obey the directions and
Instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
Inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
i,
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during Its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions
given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper performance of the work and lack of such supervision
shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be bome by the Contractor.
The Owner or Owner's Representatives will not be responsible for the ads 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.
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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 bome 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.
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FN
Neither observations by the Owner or Owners Representative, nor inspections, tests, or approvals made by
►- Owner, Owners 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.
i
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 workor 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 Owners 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 Contractors 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
r 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 fumished 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.
i 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 Owners 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 Contractors 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 Owners Representative
when presented with a written work order signed by the Owners 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
r shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
.timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment,
for the time actually employed -or used on such extra work, plus actual transportation charges necessarily
Incurred, 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
r
other insurances as may be required by law or ordinances or directed by the Owner or Owners Representative,
or by them agreed to. Owners Representative may direct the form in which accounts of the actual field cost
shall be kept and records of these accounts shall be made available to the Owners 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 terns 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 Contractors 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 Owners 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 Owners 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 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
7M
i Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, his sureties and Insurance carriers shall defend, indemnify and
!- save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person
or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their
agents or employees, in the execution and supervision of said contract, and the project which is the subject
matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary
r 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 Owners 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 to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation.
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
Insurance shall be carried with an insurance company authorized to transact business In the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate
of insurance specifying each and all coverages shall be submitted prior to contract execution.
The insurance certificates furnished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. it shall be the contractors responsibility to provide to the owner all
+{' proof of coverage insurance documents including workers compensation coverage for each
subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $ 000 000
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
r Personal Injury
Advertising Injury
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I
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily Injuries, Including accidental death and or property damage, $ 000 000 Combined Single --
Limit. This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $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. Builders Risk
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100%
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 $ 01. 00.000 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $1,000,000.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of u
authority to self -insure issued by the commission, or a coverage agreement (`WCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity. _.
Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or
entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or. delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
i 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
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 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.
a. 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;
r
(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 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 bome by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications. —
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
t
(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:
0 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
(i1) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the contractor knew or should have known, of any change that materially
r ►"'
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
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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
R '
additional words or changes:
REQUIRED WORKERS'COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
Insurance. This Includes persons providing, hauling, or delivering equipment and
materials, or providing labor or transportation or other service related to the
projec4 regardless of the Identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5IV440-3789 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
s� (h) contractually require each person with whom it contracts to provide services on a project;
to:
t~ 0 provide coverage based on proper reporting of classification codes and payroll
t amounts and filing of any coverage agreements for all of its employees
providing services on the project, for the duration of the project;
one (ii) provide a certificate of coverage to the contractor prior to that person beginning
work on the project;
P�.
(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; r
(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, _
(vil) 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
(vivo 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 temps, conditions, and privileges of employment.
30. ` PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any --
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, Incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work fumished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within
five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness
or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
r.,
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
!" The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or
Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and
shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend
all such suits and claims and shall be responsible for all such loss when a particular design, device, material or
process or the product of a particular manufacturer or manufacturers is specified or required in these contract
documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to
the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If
f 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.
i
32. LAWS AND ORDINANCES
4
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
J 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
r( as though embodied herein.
t
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.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the
consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $300.00 (THREE HUNDRED DOLLARS I PER DAY, not as a penalty, but as
'.. liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the
Contractor shall be In default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic change and conditions and usual industrial conditions prevailing in this
locality.
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f,
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 TIME
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 Owner's Representative for
the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is
caused by such stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown for the various Gasses 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 worts. 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
C
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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 fumished 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 maybe 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
r• agrees to indemnify, 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.
PON
40. PRICE FOR WORK
1.
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract In full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
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 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
,r4 with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have
not theretofore been timely filed as provided in this contract.
' 42. PARTIAL PAYMENTS
�- On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment. Owner's Representative shall review said application for partial payment and the progress of
the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment
showing as completely as practical the total value of the work done by the Contractor up to and including the last
day of the preceding month; said statement shall also include the value of all sound materials delivered on site of
the work that are to be fabricated into the work.
r The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
i 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
r. due Contractor.
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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
31 st day after the date of certificate of completion, the balance due Contractor under the terms of this —
agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said
payment shall become due in any event upon said performance by the Contractor. Neither the certificate of
acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of
the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this
contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's
Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, _
and Contractor shall at his own expense promptly replace such condemned materials with other materials .
conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of
substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with
reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which _
will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
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i 48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
i shall be In writing and filed with the Owner's Representative within fifteen (15) days after the Owner's
Representative has given any directions, order or instruction to which the Contractor desires to take exception.
The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision
?� in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand
for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after
the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that
�- final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a
bar to any claim by either party, except where noted otherwisein the contract documents.
9
r, 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
r the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the
Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete
the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment
under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or
another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore
(except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph
24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the
cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for
within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such
labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may
thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such
expense Is less than the sum which would have been payable under this contract, if the same had been
completed by the Contractor, then said Contractor shall receive the difference. In case such expense is
greater than the sum which would have been payable under this contract, if the same had been
completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner, or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In
case of any increase In cost to the Owner under the new contract as compared to what would have been
the cost under this contract, such Increase shall be charged to the Contractor and the Surety shall be and
remain bound therefore. However, should the cost to complete any such new contract prove to be less
than that which would have been the cost to complete the work under this contract, the Contractor or his
Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A
complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct
fishall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the
7
Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date
of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner,
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor
and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there
remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together _
with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the
respective addresses designated in this contract; provided, however, that actual written notice given in 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 fumish 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 bome by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control his own employees and to determine the method of the performance of the work
e covered hereby. The fad 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
r in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect
the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
55. CLEANING UP
1.
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
�► the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials
and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case
of dispute Owner may remove the debris and charge the cost to the Contractor.
CURRENT WAGE DETERMINATIONS
Kesoluclon .No. Dizi
March 14, 1996
Item #19
r RESOLUTION
c
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
i 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
i 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
Resolution No. 2502 enacted January 8, 1987; 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:
;i
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 i
a part hereof for all intents and purposes:
Exhibit A: Building Construction Trades j
Exhibit B: Paving and Highway Construction
Exhibit C. Overtime Rate
Exhibit D: Weekend and Holiday Rate
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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.
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Passed by the City Council this 14 th
ATTEST:
I
Betty M. Jdfinson, City Secretary
APPROVED AS TO CONTENT:
Mary Andriks, Managing Director of
Human Resources
APPROVED AS TO FORM:
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a old Willard, 41 Assistant City Attorney
1 HW:da/ccdocs/pubworks.res
February 14. 1996
, 1996.
WWI
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4:11: ;
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
10.00
Air Conditioner Installer
11.00
Air Conditioner Installer -Helper
5.50
Asbestos Worker
8.00
Asbestos Supervisor
11.00
Bricklayer
11.00
Bricklayer -Helper
6.00
Carpenter
11.00
Carpenter -Helper
6.00
Cement Finisher
7.50
Drywall wall Hanger
10.00
Electrician
13.00
Electrician -Helper
6.00
Equipment Operator -Heavy
8.50
Equipment Operator -Light
7.50
Floor Installer
8.50
Glazier
8.00
Insulator-Piping/Boiler
9.00
Insulator -Helper
5.50
Iron Worker
8.00
Laborer -General
5.50
Mortar Mixer
5.50
Painter
9.50
Plumber
10.50
Plumber -Helper
6.00
Roofer
8.00
Roofer -Helper
5.50
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder -Certified
10.00
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ExH[BIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
6.00
Asphalt Shoveler
5.50
Concrete Finisher
7.35
Concrete Finisher -Helper
5.75
Electrician
10.50
Flagger
5.50
Form Setter
6.50
Form Setter -Helper
5.50
Laborer -General
5.50
Laborer -Utility
6.25
Mechanic
7.25
Mechanic -Helper
5.50
Power Equipment Operators
Asphalt Paving Machine
7.00
Bulldozer
7.00
Concrete Paving Machine
7.00
Front End Loader
6.50
Heavy Equipment Operator
7.00
Light Equipment Operator
6.50
Motor Grader Operator
8.50
Roller
6.00
Scraper
6.50
Tractor
6.50
Truck Driver -Light
6.00
Truck Driver -Heavy
6.50
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EXHIBIT C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXHIBIT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
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SPECIFICATIONS
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ACM ABATEMENT
LP& L PLANT #2
r LUBBOCK, TX
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�. Consultant: Clark DeLavan
TDH I,ic.# 10-5031
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Prepared By:
r KING CONSULTANTS, INC
1205 EAST 46TH STREET
LUBBOCK, TEXAS 79408
r Phone:806n63-6157 Far:806n63-6160
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ACM ABATEMENT PROJECT
LP&L PLANT #2
il/
SPECIFICATIONS FOR ASBESTOS ABATEMENT
SECTION 01 SPECIAL REQUIREMENTS
01010
SUMMARY OF WORK
01040
COORDINATION
01060
REGULATORY REQUIREMENTS
01200
PRE BID/ PROJECT MEETINGS
01300
SUBMITTALS
01500
CONSTRUCTION FACILITIES
01600
MATERIALS AND EQUIPMENT
01700
PROJECT CLOSE-OUT
SECTION - 02 ABATEMENT PROCEDURES
02020
ABATEMENT PROCEDURES
02030
AIR -MONITORING\ LAB SERVICES
02040
ASBESTOS ABATEMENT INSPECTIONS
02050
WORKER PROTECTION \DECONTAMINATION
02070
CONTAINMENT
02080
GLOVEBAG ASBESTOS REMOVAL METHODS
02081
ASBESTOS REMOVAL METHOD IN CONTAINMENT
02090
CLEAN-UP AND DISPOSAL
Prepared: February 25,1997
7
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SECTION 01010 - SUMMARY OF WORK
PART 1- GENERAL
I.GENERAL:
1.2 The project site is Lubbock Power and Light's (LP&L) Plant #2, located on
Municipal Drive, Lubbock,Texas.
1.3 The general scope of the work is to remove all of the ACM insulation from the
boilers, piping, and associated equipment on the east side of the plant. No work will be
performed on the interiors of boilers.
1.3.1 The re -insulation of areas abated is not included in this contract.
1.4 Before submitting a bid for this work, each Bidder is responsible for having examined
r' the site and is aware of existing conditions under which he will operate, and/or any
conditions which could affect the work under this Contract. No allowance will be made
subsequently in this connection to the contractor for error or negligence on his part.
1.4.1 Contractors are required to visit the site to determine the actual scope of
work and collect measurements of ACM materials.
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.
1.6 The selected contractor will be required to submit for approval a detailed "Plan of
Action" for the project. The plan will illustrate containment's, mini containment's and
areas to glovebag. Illustrate locations of decon unit and neg air machines.
2. ACM MATERIALS TO REMOVE/WORK AREAS:
2.1 ACM materials to abate:
2.1.1 Insulation jackets remaining on boiler, flues, turbines, and associated
equipment.
2.1.2 All pipe and pipe fitting insulation from associated piping
2.2 Work areas:
2.2.1 All boilers on east side of plant's main building. Each boiler will be a
separate work area.
3. WORK SCHEDULE:
3.1 Project Start Date: Is undetermined. The exact start date will be determined in the
contractors "Notice to Proceed", After receiving the notice the contractor will coordinate
with the consultant to establish the date.
3.2 Time Allowed for Completion: Completion time is to include all prep work, removal
of specified ACM, clean-up, final clearance testing removal of containment's, and
vacating the work site.
3.2.1 5 consecutive work weeks. The contractor may work a 40 hour work week
consisting of 4 - 10 hour days or 5 - 8 hour days.
3.2.2 The project must be completed by May 15, 1996
END SECTION - 01010
01010-2
SECTION 01040 COORDINATION
PART 1- GENERAL
1. CONSTRUCTION TIME:
1.1 The use of insufficient labor or equipment for construction purposes or inadequate
scheduling of materials or equipment to be installed will not be allowed as cause for
delay. Schedule labor, materials, and equipment to site in gcantities required for
uninterrupted progress of work and least obstruction of the premise. Extension of time or
e� ara cost vvrill 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.
3. SUPERINTENDENT:
3.1 The Contractor shall provide a competent licensed Superintendent who is to be on
the jobsite 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 tic contract documents.
3.1.1 The contractor's superintendent shall be the projects "Compentent Person"
as defined by TAHPA and OSHA regulations.
3.2 Project Superintendent shall not be replaced unless listed on asbestos renovation
demolition notification, and only with Consultants permission.
4. COORDINATION WITH SITE PERSONNEL:
4.1 Contractor shall not interrupt employees activities around the work area.
r4.2 Contractor shall post all markers, warning signs to alert plant personnel to hazards.
Contractor shall be responsible for site security.
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S. GENERAL CLEANING:
5.1 Contractor shall be responsible for leaving area clear of contractor generated warning
signs, trash and waste.
5.2 Contractor shall haul all trash generated from project to landfill. Contractor shall
clear and broom sweep buildings walks:
a .
END OF SECTION 01040
r, 01040-1
SECTION 01060 - REGULATORY REQUIREMENTS
PART 1- GENERAL
L 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, Consultant/Consultant Agency,
and/or Owner's representative for the Contractor's failure to comply with any/all
regulations.
1.2.1 Nothing in the plans or specifications are intended to deviate from any
Federal, State or Local regulations. Any deviation shall be noted and reported to
Consultant prior to bid date.
1.2.2 Federal, State, and referenced regulations/standards are incorporated by
reference into the specification.
2. NOTIFICATIONS:
2.1 The Owner requests the contractor to file all applicable Federal, State, or Local
notifications as necessary for the project. The Owner shall pay all associated fees.
2.1.1 The contractor shall coordinate with the owner, project consultant, and local
coordinator/inspector to complete the notification.
2.1.2 The contractor shall be held responsible for assigning correct site
supervisor, removal methods, as well as meeting the start and completion dates as
specified.
2.1.3 The contractor shall be responsible for filing amended notifications as
necessary during the project.
2.2 TAHPA/NESHAP Notification: The contractor shall file the renovation/demolition
notification form 10/10/94, or current form on behalf of the owner. Notifications shall be
filed no later than 12 "working days" of the project start date.
2.2.1 Contractor shall be responsible for establishing the category and amount of
ACM for removal, building address, disposal site, removal methods, and on -site
supervisor.
2.2.2 The contractor will be famished information on the legal owner, owners
billing address, site address, site contact, information on asbestos survey and
consultant agency.
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2.2.3 Contractor shall give written notification to Consultant 5 day in advance of
start date for verification with local TDH inspector.
2.3 Requirement for filing TDH notification: The City of Lubbock's Environmental
Compliance Officer must review prepared notification. Contact Dan Dennison at
t 806/767-2880.
2.3.1 When approved the notification will be signed, however the contractor will
mail the form, and stipulate the start and completion dates.
3. COMPLIANCE WITH ORDINANCES AND PUBLIC SAFETY:
3.1 Ordinances: The contractor shall secure any permits necessary for the project, and
comply with local ordinances as necessary.
3.2 Public Safety: The contractor shall comply with federal, state, local regulations to
provide for public safety on the project.
3.2.1 On sites with multiple sub contractors: The asbestos abatement contractor
shall coordinate with the general contractor to ensure protection of all persons
and trades at the site.
3.3 Temporary Facilities: Provide and maintain temporary decontamination units,
equipment storage and waste storage in an effective and clean manner in accordance with
Federal, State and Local regulations. All shall be posted with required labeling to identify
any related hazards.
3.4 Barricades: Marker tape, hazard posting signs, walkways, fences, and other structures
required by Federal, State Regulations and Local ordinances. Leave access to fire
hydrants and protect public and adjacent property at all times. Post proper signs at all
entrances and comply with all other safety precautions including applicable provisions of
the National Occupational Health and Safety Act (NOSHA) 1970. Contractor will be held
liable for damage to property or persons.
3.5 Asbestos Hazard Signs: The contractor shall post hazard warning signs in a manner
r sufficient to alert workers of hazard.
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—= 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:
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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
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/l/93. TNRCC
regulations. �-
G 5. TEXAS LABOR CODE.
5.1 The contractor shall comply with the Texas Worker's Compensation Commissions
Rule 110.110 (d) (7) requireing posting of Notice 8 on each project site informing all
persons providing services on the project that they are required to be covered by workers
compensation insurance.
5.1.1 The posting must be in spanish and english.
5.1.2 Be clearly printed and displayed at each project site.
5.1.3 State how a person may verify current coverage and method to report failure
to provide coverage.
6. CITATIONS - REGULATORY VIOLATIONS
6.1 Any citations issued or regulatory violations assessed on this project will be promptly
reported to the Consultant, Consultant's Project Manager, and Owner.
6.2 Any fines or penalties by a regulatory agency shall become the responsibility of the
contractor.
6.2.1 Penalties or fines assess to the owner, Consultant Agency, or Consultant
may be deducted from the contractors final payment.
END OF SECTION 01060
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PART 1- GENERAL
I.GENERAL:
SECTION 01300 - SUBMITTALS
1.1 All submittals shall be made directly to the Owner/Consultant 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
r.. of various submittals, etc., will be established at the Pre -Construction 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 an 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 ConsultantlEngineer 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
ConsultantlEngineer. 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
ConsultantlEngineer.
2. SUBMITTALS INCLUDED WITH BID:
2.1 General: Submit all bonds, insurance, and other requirements as listed in Instructions
to Bidders.
3. SUBMITTALS AFTER NOTICE TO PROCEED:
3.1 The Bidder shall, within`one week after notification of the Owner's intent to proceed
with award of the Contract, submit to in duplicate:
3.1.1. Performance and Payment Bonds as applicable on bid form.
3.1.3. The list of major subcontractors on AIA Document G805.
3.1.4. Certificate of Insurance, AIA Document G705, in accordance with the
requirements of the General Conditions.
3.1.5. Copy of Notification Letter of -Asbestos Removal filed with the regional
office of the Texas Air Control Board.(where applicable)
F:
UISUU - I
3.1.6. Copy of TDH Notification of Asbestos Removal filed with the Texas
Department of Health.
3.1.7. Superintendent and Foreman Data: Name of and experience record of
superintendent and foreman. Include evidence of knowledge of applicable regulations;
evidence of participation and successful completion of EPA/AHERA approved training --
course in asbestos removal and/or supervision of asbestos related work; and experience
with asbestos related work in a supervisory position as evidenced through supervision of
at least five asbestos abatement contracts. Submit:
3.1.7.1 Supervisor Training certificates
3.1.7.2 Licenses
3.1.7.3 Experience Record
3.1.8.. Workman Data: Name and experience record of workmen who will be assigned to
this project. Include for each Person the location of last two abatement projects.
3.1.8.1 List of Men assigned to project
3.1.8.2 Worker Training certificates
3.1.8.3 Licenses
3.1.8.5 Medical Examinations
3.1.9. Respiratory Protection Program: Copy of contractors Company Respiratory
Protection Program, and name of person on site who will be responsible for the
enforcement of same. Submit:
3.1.9.1 Employee "fit -test" records for assigned respirators.
3.1.10 Laboratory data for lab reading "personnel" samples: The Contractor shall
submit name, address and telephone number of the laboratory and evidence of
their special qualifications for airmonitoring, sampling and analysis type of work
(submit 3 copies of this information).
3.1.11 Proposed Work Schedule: Contractor shall submit proposed work
schedule. --
3.1.12. Plan of Action: Submit a detailed plan of any changes request in
specifications. No changes to specification will be allowed unless prior approval is made.
3.1.13 Submit Contractor's site emergency plan to include local emergency phone
numbers and planned emergency facility to be utilized.
01300 - 2
3.1.14. Certificates of Compliance: Certify that vacuums, ventilation
equipment, and other equipment required to contain airborne asbestos
fibers conform to ANSI Z9.2.
3.1.15. Sample forms: Submit sample of forms which will be used in the course
of the project, including as a minimum the following:
Record of Project meetings
Visitation log
Worker log
Record of Air monitoring results
Record of Supervisors daily site inspections
Record of daily activities
END OF SECTION 01300
01300 - 3
7
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SECTION 1500 - CONSTRUCTION FACILITIES
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 in the facility the contractor shall inspect the area and furnish to the Engineer a
completed list of any existing damage discovered before any work under this contract has
started. Damage discovered after work has begun with be assumed as caused by
contractor.
1.2. The contractor is reminded of the presents 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 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.
2.OWNER PROVIDED UTILITIES:
2.1. The owner extends to the contractor the privilege of using the existing water,
electricity, heat, and toilet facilities during the project.
2.1.1. The contractor shall not utilize any of the Owner's private phones, office
equipment, kitchen equipment, or any areas of the building for lodging.
2.2. The owner reserves the right to refuse the contractor the use of any of the utilities
services mentioned above. The owner expressly states that the right to refuse use may be
exercised for any reason. The owner shall not be responsible for explanation of such
actions.
2.2.1. In the event of such refusal the contractor shall immediately notify and
submit alternate plan for obtaining utilities.
3. INSTALLATION OF TEMPORARY EQUIPMENT:
3.1. Electrical: Comply with all applicable standards including but not limited to NEMA,
NECA, and all UL Standards for materials and electrical services.
3.1.1. Temporary power: The contractor shall provide service temporary panels
with proper sized over current protection device. Ensure all electrical work
complies with NEC (National Electrical Code).
3.1.2. Ground fault: The contractor shall provide receptacle outlets with ground
fault interrupters, RESET BUTTON and lights for connection to power
equipment.
MOO - i
3.1.3. Electrical cords: The contractor shall provide electrical cords with of good
quality and UL approved. Use single length of cord run overhead, if addition
length of cord is necessary provide water tight connections. In work areas leave
cords exposed to allow for visual inspection.
3.1.4. Lights and Lighting: Where and when required the contractor shall provide
for safe working conditions. Provide general service incandescent lamps. provide
weather covers for exposure to water and breakage, with proper candle power for
lighting.
3.1.5. Temporary wiring: Comply with NEC. For power tools and lighting provide
J-boxes with four gang outlet, provide a separate circuit breaker for each four
gang out let.
3.2. Water owner provided: Get require water at the closest source. Connect to approve
existing water outlets. The contractor shall at completion of project remove connections
and restore to original condition
3.2.1. Water hoses: Provide heavy duty hoses with a pressure rating greater than
that of the source. Provide connections at source and at decon unit with leak tight
connections.
3.2.2. Hot water heater: The contractor shall provide an approved UL heater for
the decon unit, and comply with NEMA, NECA, and UL standards for
connections to power source.
3.3. Toilets owner provided: Contractor shall utilize the toilets at the nearest location to
work areas.
3.3.1. Toilets shall be used by workers whom have been decontaminated and are
in street clothing.
4. TEMPORARY FIRE PROTECTION:
4.1. Contractor shall provide for and pay for all cost associated with fire protection on
this project.
4.2. Fire extinguishers: Provide types, sizes, number, and locations as would be 1.
reasonably effective for extinguishing fire in early stages by personnel on site. Provide
type A extinguisher at areas with low potential for electrical or grease fires. Provide ABC
dry chemical extinguisher at other locations; comply with recommendations of NFPA
No. 10. Post warning signs and quick instructions for use at each extinguisher location, _
instruct workers on proper use and locations before beginning project.
4.2.1 Provide on extinguisher per 1,000 feet of containment area.
4.3. Emergency numbers: Contractor shall post phone number of local fire department at
most visible location before work has begun.
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5. SCAFFOLDING AND LADDERS:
5.1. Contractor shall provide his own scaffolding and ladders as necessary for the
performance of his trade. All such shall be erected, installed to afford safety and
protection to workers and work areas. Scaffolding and ladders shall comply with OSHA
and other standards. Equip rungs and surfaces with non-skid surfaces, and provide base
footings with protection to eliminate damage to poly surfaces, flooring or covered
surfaces.
5.2. Installation of all equipment shall be subject to Owner and Consultants approval.
6. REMOVAL OF TEMPORARY EQUIPMENT:
6.1. When temporary equipment is no longer required the contractor shall completely
k remove equipment from job site, and repair\ replace any materials, equipment or surfaces
damaged in the installation or removal.
7. SIGNS:
7.1. No contractor advertisement or signs will be allowed on project site.
8. ACCESS TO SITE AND PROTECTION:
8.1. The contractor shall confine all activities to the areas assigned to him in the project
pre -construction meeting, and in no -way obstruct other parts of the building or building
operations.
8.2. The contractor shall provide for storage of equipment in a manner with will not
impair safety, or impair traffic flow in work areas.
r8.2.1. 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 saftey, or impair traffic in the area.
9. CLEANING:
9.1. The contractor shall be responsible for the prompt removal and disposal of all debris
and trash generated during the project. All scrap lumber, boxes, poly and trash shall be
removed from the building at the end of each shift. All occupied areas shall be broomed
clean and restored to original condition at end of each shift.
" 9.2. In the event the Owner\Consultant 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
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SECTION 01600 - MATERIAL AND EQUIPMENT
1. GENERAL:
1.1 Materials and Workmanship: Unless otherwise specified, all materials shall be new,
of the best grade and kind specified. Workmanship shall be of the best recognized
standards known to the various trades.
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.ON-SITE STORAGE:
2.1 Abatement materials used on site shall be stored in a manner which allows for safe
exit from the work area. Provide a lockable trailer.
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
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SECTION 01700 - PROJECT CLOSEOUT
1. COMPLETION OF CONTRACT:
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
of the Work by Owner. Contractor shall repair or remove any portion of the work that is
defective due to materials or workmanship at his expense.
3. SUBSTANTIAL COMPLETION:
3.1 Contractor shall notify Consultants in advance of requested inspection date. Before
requesting Consultants's inspection for certification of Substantial. Completion for all or
portions of the work, the Contractor shall accomplish the following:
3.1.1 Complete the removal of all asbestos -containing materials.
3.1.2 Complete the removal of all containment materials.
3.1.3 Deliver all ACM materials to appropriate dump site, and return waste
manifest to Consultant.
3.1.4 Discontinue and remove from site temporary facilities and services,
construction tools, and similar elements.
3.1.5 Prepare (and submit with request for inspection) Progress Payment request
showing 100% completion.
3.1.6 Payment will be in a lump sum amount. Request for partial payments will
not be allowed.
3.2 Inspection Procedures: Upon receipt of Contractor's request, Consultant/Consultants
will either proceed with inspection or advise Contractor of prerequisites not fulfilled.
Following initial inspection by Owner, Consultant/Consultants, and Contractor,
Consultant/Consultants will either prepare Certificate of Substantial Completion, or
r, advise Contractor of Work which must be completed before certificate can be issued.
d 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.
U 17uu-1
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4. FINAL INSPECTION:
4.1 Before requesting Consultants'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 Consultants'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, Consultant/Consultants and
representatives of the Owner and Contractor will reinspect the work. Upon completion of
reinspection, Consultant/Consultants 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:
6.1 Contractor shall submit two (2) copies of project manual. Submit to Consultants for
approval. Submit with Contractor's Pay Request.
6.2 Presentation of Data: Where possible data shall be presented on 8 112 X I I sheets.
Light sensitive production technique is acceptable.
6.3 Sub Divisions of Data: Project manual shall have data divided into sections. The
sections shall correspond to the paragraph titles below.
6.3.1 Section 1: Submital information supplied with Bid.
01700-2
7
a) Include copy of all information supplied with bid.
6.3.2 Section 2: Submit information supplied after Notice to Proceed.
a) Include copy of data supplied after notice to proceed issued by owner.
6.3.3 Section 3: Notifications and Waste Manifest
a) Provide notification to regulatory agencies, Contractors license, executed waste
manifest, and contractors final acceptance.
6.3.4 Section 4: Daily work log.
a) Provide record of daily activities to include: personal protective equipment
r used, record of containment differential pressure, record of daily personnel
monitoring.
6.3.5 Section 5: Contractor pay request.
a) Provide completed pay request on AIA document.
7. GUARANTEES, BONDS AND AFFIDAVITS:
7.1 Deliver to Consultants, in duplicate: written guarantees, reports, certificates of
inspections, and bonds, as required in the Contract Documents.
7.2 Deliver to Consultants, Contractor's Affidavit of Release of Liens and Payments of
r` 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.
8. FINAL PAYMENT:
8.1 Submit final Application for Payment in accordance with the terms of the Agreement,
indicating adjustment of accounts from original contract amount including.
8.1.1 Additions and deductions resulting from change orders.
8.1.2 Adjustments to cash allowances, if any, with full supporting data.
8.1.3 Deductions for uncorrected work and for liquidated damages, if any.
4
8.2 Submit Consent of Surety to Final Payment.
END OF SECTION 01700
A
SECTION 02020 - ASBESTOS ABATEMENT PROCEDURES
PART 1 - GENERAL
1. RELATED DOCUMENTS: "-
1.1. General provisions of contract, General Conditions, Supplemental Conditions,
Special Conditions, Drawings and sections of Division 00 apply to the work of this —
section.
1.2 Referenced regulations, standards, and trade practices shall apply as if they were
specifically written into the documents.
1.3 All ACM shall be removed as friable ACM and disposed of as regulated ACM waste.
1.4 The asbestos abatement contractor shall be responsible for the protection of his
employees at the job site, and shall hold harmless the Owner/Consultant for any claim
resulting fr this project.
2. DESCRIPTION OF WORK:
2.1 General: This section includes all work necessary to reduce air concentrations of
asbestos to the specified level and maintain the specified asbestos control limits during
the life of the contract.
2.2 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.
2.3 Discrepancies between conditions at the site and requirementsof the contract
documents shall be reported to the Consultant, ' in writing, before any bids are opened.
Consultant will issue necessary instructions to Bidders.
3. ACM MATERIALS TO REMOVE/WORK AREAS:
3.1 ACM materials to abate:
3.1.1 Insulation jackets remaining on boiler, flues, stacks, turbines, and associated
equipment.
3.1.2 All associated pipe runs and risers. Remove pipe insulation and pipe fitting
insulation.
3.2 Work Areas:
02020-1
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3.2.1 All boilers on the east side of the plant's main building. Each boiler will be
a separate work area.
3.2.2 The contractor will start and finish one area prior to beginning the next area.
3. RELATED WORK:
3.1 The Contractor shall perform all personnel monitoring for complying with applicable
OSHA standards for establishing workers Time Weighted Averages for asbestos
exposure.
3.2 The contractor shall prepare and maintain a project book on -site for the project
duration.
3.2.1 Project book shall contain all licenses, notifications, insurance, daily logs, etc as
pertain to the project.
�.. 3.3 The contractor shall be held responsible for meeting the project start and completion
F dates as submitted in the TDH asbestos renovation/demolition notification.
3.3.1 The start and completion dates shall include all asbestos activities which
have the potential to disturb asbestos, abatement activities, final cleaning and
clearance testing, removal of the containment, and vacating the work site.
3.3.2 The contractor shall be responsible for admending notification to reflect any
change in the original start and completion dates.
4.OUALITY ASSURANCE:
4.1 Contractor Qualifications: The Asbestos Abatement Contractor shall be a firm of
established reputation (or if newly organized, whose personnel have previously
established a reputation in the same field), which is regularly engaged in, and which
maintains a regular force of workers skilled in asbestos abatement, and shall have
performed this work on previous projects for a period of not less than three (3) years.
See "Submittals" paragraph for information which must be submitted and approved.
r` 4.1.1 Contractor, contractors supervisor, and all employees shall be licensed by
. the state. All shall have current medical requirements of OSHA regulations.
Contractors employees shall sign and return statements of fact.
4.1.2 Contractor shall have on site at all times employees are on site, one licensed
contractor supervisor. Supervisor shall have authority to act as contractors
competent person on project.
4.2 Site Inspection: While performing asbestos abatement work, the Contractor shall be
subject to on -site inspection by OSHA, EPA, Owner's Representative, etc. If found to be
in violation of 29 CFR 1926.1001 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.
j 02020-2
5. FIELD QUALITY CONTROL
5.1 Monitoring. Monitoring of airborne concentrations of asbestos shall be in accordance
with 29 CFR 1926.58 and defined company policy. Monitor the airborne concentration of
asbestos before starting work daily to obtain a STEL fiber concentration in the affected
areas. Then monitor workers continuously during the course of the work inside the
asbestos work area,
5.2 If monitoring shows asbestos concentrations greater than the asbestos control limits,
stop all work, correct the conditions causing the excessive levels, and notify the
Consultant immediately.
5.3 Site Inspection: While performing asbestos abatement work, the Contractor shall be
subject to on -site inspection by OSHA, EPA, Owner's Representative, etc. If found to be
in violation of 29 CFR 1926.1001, 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.
5.3.1 The contractor shalt furnish for regulator inspectors one complete set of
equipment (such as respirators and disposable clothing) required for entry into the
asbestos control area.
5.3.2 Contractor shall
equipment (respirator
monitoringlinspector.
6. PART 2: EXECUTION:
provide through out the project a complete set of
and disposable clothing) for the Owner's air
7. GENERAL PREPARATION:
7.1 Post warning signs and labels as required by AHERA and 29 CFR 1926.1001 ASTM
E 849, and as directed by the Owner or Consultant. Provide barrier tape at any entrance.
7.2 Before the work is begun clear all removable items _ and equipment. Remove them
from the work area and store as directed.
7.3 Isolate each work area for the duration of the work by completely sealing off all
openings in the work area. Cover with plastic sheeting taped securely in place.
7.4 Establish decontamination unit with clean room, shower area, and change room.
Provide double flap entry -ways between each area. Connect to containment area to
provide air tight seal.
7.4.1 Attach proper signage for hazard at each decon unit.
7.5 Provide for and mark emergency exit. Instruct workers on emergency procedures.
7.6 Containments: See Section 02070 for details.
02020-3
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S. GENERAL ABATEMENT PROCEDURES:
8.1 GeneraI Procedures: Perform all asbestos related work and comply with 29 CFR
1926.1101 and 29 CFR 1910.20, 40 CFR 763 (AHERA), etc. Use general work practices
as specified in 34 CFR Part 231, Appendix C, ASTM E 849, and other appropriate work
procedures approved by Environmental Protective Agency (EPA).
8.1.1 Where possible all ACM removal will be conducted inside a negative
pressure enclosure.
8.1.2 All personnel entering work area are required to wear protective clothing
and respiratory protection. All workers shall utilize decontamination chamber
before exiting work area.
8.2 Asbestos Control Limits During Abatement:
8.2.1 Inside Asbestos Work Area: Air concentrations of asbestos (Permissible
Exposure Limits, ie PEL's) shall not exceed an 8-hour time weighted average of
0.1 fibers (longer than 5 microns), per cubic centimeter of air.
8.2.2 Outside Asbestos Work Area: Air concentrations of asbestos shall be
maintained at 8-hour time weighted average below 0.01 fiber (longer than 5
microns) per cubic centimeter of air. This applies to all areas in the building
except for the asbestos work area while work is in progress, and after final clean-
up and clearance.
8.2.2.1 In cases where the "outside work area" levels are not 0.01 fibers
per cubic centimeter, the "baseline" levels of those areas shall become the
new control limits for "during" and "final clearance" levels. The
contractor must make sure that the final clearance air concentration levels
shall not exceed the outside work area "baseline" levels.
8.3 Coordination of All Trades: Coordinate the work of all trades to assure that their
work is performed in accordance with the applicable regulations and that the asbestos
control limits are maintained at all times inside and outside the asbestos work area.
8.4 Perform complete cleanup of work space prior to beginning abatement.
8.5 Wipe Down Prior to Clearance Sampling: Once all ACM has been removed
completely wipe down the entire work area. At the end of this wipe -down take clearance
samples. See section "Clean -Up and Disposal" for details of final cleanup.,
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02626-4
8.6 Notify Upon Completion of Removal: Notify air monitoring personnel that gross .
removal is completed and have the work assessed. Seal and protect each area as work is
completed.
8.6.1, NOTE: IT REMAINS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO
REMOVE ALL SPECIFIED ASBESTOS CONTAINING MATERIALS. THE
ASSESSMENT BY THE CONSULTANT'S/OWNER'S AIR MONITORING
PERSONNEL IS PERFORMED TO HELP EXPEDITE THE WORK, BUT IN NO WAY
TRANSFERS THE RESPONSIBILITY FOR DISCOVERING ALL ASBESTOS TO
THE OWNER/ENGINEER'S REPRESENTATIVE. In the event some specified ACM is
discovered subsequent to the above -mentioned assessment, it shall be removed at the
Contractor's expense.
END OF SECTION 02020
71
SECTION 02030 AIR MONITORING AND LABORATORY SERVICES
PART 1. GENERAL:
1. RELATED DOCUMENTS:
I.I. General provisions of contract, General Conditions, Supplemental Conditions,
Special Conditions, Drawings and sections of Division 00 apply to the work of this
section.
1.2 References: regulations, standards, and trade practices shall apply as if they were
specificately written into the documents.
1.3 TDH Third Party TAHPA Requirements: To comply the Owner is providing the
services of a TDH licensed consultant agency for the design and management of the
project. The consultant agency will be providing the require third -party air -monitoring
services for the duration of the project.
2. DESCRIPTION OF WORK:
2.1. This section describes the air -monitoring services to be conducted by the air
monitoring firm and the manner in which the Contractor shall coordinate/facilitate these
air monitoring services. These services are being provided to verify for the owner that the
work is performed in compliance with the contract documents.
2.2. Monitoring is performed for both the outside environment and also the work area to
record environmental conditions during abatement and to ensure that the building
remains uncontaminated.
2.3. This section also sets the environmental conditions both inside and outside the
containment which are to be maintained during project.
2.5. This section also describes the actions to be taken by the Contractor and by the air
monitoring firm when environmental conditions are breached during abatement project.
3. EXTENT OF OWNER -PROVIDED AIR MONITORING:
3.1. The Consultant Agency/Air Monitoring Firm will not be providing air monitoring for
the contractors required monitoring\reporting of workers for establishing Time 'Weighted
r Averages (i.e. will NOT be providing "OSHA personal" sampling).
3.1.1. The Owner or air monitoring firm will not be responsible for contractor's
air monitoring of personnel for the purpose of upgrading respiratory protection
equipment
3.1.2. Contractor shall furnish all required air monitoring for the safety of his
employees, and shall hold Owner\ Air monitoring firm harmless for failure on the
contractor's part to meet these regulations.
F 02030-1
3.1.3. Documentation of Contractor's "personnel" monitoring will be kept at the
job site in the contractors log book.
4. AIR MONITORING:
4.1. The Contractor shall coordinate with all air monitoring activities and shall support
these activities in whatever way necessary.
4.2. The air monitoring firm will be conducting air monitoring through out the project as
follows:
4.2.1. BASE LINE: The air monitoring firm will monitor airborne fiber : counts
before any abatement work is started.
4.2.2. OUTSIDE WORK AREA: The air monitoring firm will monitor airborne
fiber counts outside the work area during periods that abatement is being —
conducted to detect faults in containment, filtration equipment failure, or
contamination of building outside the work area.
4.2.3. INSIDE WORK AREA DURING ABATEMENT: The air monitoring firm
will monitor airborne fiber counts in the work area to determine that engineering
controls are adequate for the project.
4.2.4. CONTAINMENT CLEARANCE: The air monitoring firm will monitor
airborne fiber count in the work area following gross removal and clean-up.
Monitoring will be conduced to determine if the elevated fiber counts
encountered during gross removal have been reduced to acceptable levels before
applying encapsulates or removal of primary containment barriers. Three
samples per containment area will be taken to confirm visual assessment of area.
5. DISPUTES IN FIBER TYPE:
5.1 The follow procedures will be enforced to resolve any disputes in fiber amounts, or
fiber types.
5.1.1. Air samples will be secured by the air monitoring personnel for TEM --
analysis. The cost for any unscheduled analysis of the samples and for the
technician's time (in collecting, shipping, etc. the samples) will be back -charged
to the contractor, regardless of the results of the TEM-analysis and the cost of
such analysis/sample collection deducted from the Contractor's final payment.
6. PCM FINAL CLEARANCE SAMPLING:
6.1. Final PCM clearance sampling as require will be conducted by the Engineer for the
Owner to determine for Owners documentation, that the elevated airborne fiber counts
have been reduced to either the baseline Ievel or to 0.010 fibers per CC (whichever is
lower) of air drawn in any given sample taken.
02030-2
I
+.. 6.1.1. Final clearance sample will be collected while using aggressive sampling
methods, using an electric powered leaf blower.
6.1.2. Before sampling pumps are started leaf blower will be swept over all
horizontal surfaces, walls, ceilings, and floors. If necessary 20 inch box fan will
be used for the suspension of fibers for the duration of the sampling period.
7. LABORATORY TESTING:
7.1. The air monitoring firms Representative will be performing laboratory analysis of
the air samples taken. A microscope and lab will be set up on site.
7.2. Air samples and laboratory analysis will be performed on site using Phase Contrast
Microscopy (PCAV Method of sample preparation and analysis will be the 1VIOSH 7400
method using recommended A counting rules.
7.3. Daily air monitoring reports, by the air monitoring firm, to the Owner will include
daily PCM sample analysis as well as data pertaining to:
7.3.1. Containment and removal methods employed.
7.3.2. Contractor discrepancies and corrective measures.
7.3.3. Worker employed and hours worked.
7.3.4. Method employed by the contractor for monitoring and reporting of
workers exposure to air borne asbestos fiber concentrations.
8. CONTRACTOR AIR MONITORING REOUIREMENTS:
8.1. The contractor shall have on job site at all times a "Competent Person" as defined by
OSHA regulations. The Competent person shall perform all of the contractors air
f. monitoring for compliance with OSHA regulations as stated under 29 CFR 1910.1001
and 1926.58.
8.2. The contractor may use his Competent Person for the sampling and record keeping,
if that person is so trained. If not the contractor shall furnish at his expense a testing
laboratory and technician.
8.2.1. The method employed and testing laboratory employed must be approved
by the consultant/air monitoring firm.
9. CONTRACTORS LABORATORY QUALIFICATIONS:
9.1. Laboratory chosen by the Contractor to provide personal" air monitoring shall be
regularly engaged in asbestos testing, and personnel used for monitoring airborne
02030-3
concentrations of asbestos fibers shall be proficient in this field. Laboratory shall be
AIHA approved, or active in NISOH PAT program.
9.2. Laboratory chosen shall have the capability of reporting result to contractor on a
daily bases for posting at job site. Copies of results will be maintained in contractors
daily logs.
END OF SECTION 02030
02030-4
r
'. SECTION 02040 - ASBESTOS ABATEMENT INSPECTIONS
PART 1- GENERAL
1. RELATED DOCUMENTS:
1.1 To include General Conditions, Supplementary Conditions, Special Conditions,
DRAWINGS, and related documents in Division 00.
2. DESCRIPTION OF WORK:
2.1 The Contractor shall support the air monitoring firm, who in addition to performing
on site air -monitoring for Owner's records, will be acting as the Owner's on -site
representative during the project. The air monitoring firm shall provide on -site
inspections for the Owners enforcementof the written specifications. Work shall not
begin prior to written notification being received by the air monitoring firm. Work shall
not be conducted without air monitoring representative being on the project site.
2.1.1 The owners intention is to ensure Contractor meets the requirements of the
documents prepared for the project. The inspections are not to be construed by the
Contractor as a delay in work.
2.1.2 NOTE: The air monitoring firm or the Owner's Representative SHALL NOT
be responsible for the Contractor's compliance with any Federal, State, or Local
regulations; this remain SOLELY -the responsibility of the Contractor.
3. INSPECTION-1, ON -SITE SUBMITTAL REVIEW:
3.1 General: Before any work is allowed to begin the air monitoring firm shall review all
submittals with the Contractor's on -site "Competent Person". See Specification section
titled "Submittals" for information which must be submitted.
3.1.1 NOTE: NO WORK WILL BE PERFORMED UNTIL SUBMITTALS
" HAVE BEEN REVIEW ON -SITE AND ALL DEFICIENCIES ARE
CORRECTED. Copies of all submittals shall be maintained on -site throughout
the project.
4. INSPECTION-2, PRE -ABATEMENT CONTAE MENTIWORK AREA
INSPECTION:
4.1 Inspection of the work area, work area containment, equipment and supplies shall be
conducted by the air monitoring firm before removal of asbestos containing materials
begins.
4.2 Any discrepancies will be corrected by the contractor prior to the beginning of
removal.
Pft
1 02040-1
5.1 Multiple inspections of the containment, work area, etc. will be conducted by the air
monitoring firm at random intervals during the removal -period to ensure that work is --
proceeding in accordance with contract documents.
5.2 Inspections of the containment, work area, etc. will also be conducted by the air
monitoring firm after removal is complete but prior to application of encapsulates.
5.3 Any deficiencies will be corrected by the contractor immediately. Remove any.
residual ACM prior to applying encapsulation. Any re -cleaning will be the contractor's
expense.
5.3.1 NOTE: It remains SOLELY the contractors responsibility to remove all
specified ACM materials. The aforementioned assessment by the representative
in no way transfers the responsibility for discovering all trace amount of specified
ACM to the air monitoring firm. --
6.1 Inspection shall be accomplished prior to removal of any poly sheeting. After final
cleaning of the containment area the air monitoring firm shall conduct a final visual
inspection of all surfaces in the containment area. If no ACM is discovered air
monitoring firm will collect clearance samples while using "aggressive" air sampling
techniques.
6.2 Failed clearance sampling will require re -cleaning of the containment area and re -
sampling. Second sampling test will be classified as a re -test and backcharged to the
contractor (the cost of such re -sampling will be deducted from the Contractor's final
payment).
7. INSPECTION-6. FINAL INSPECTION:
7.1 A final inspection will be conducted of each work area after the contractor has
removed the containment, critical barriers, and all equipment for the area. A Punch List
will be issued to the contractor for any items requiring correction or completion. Punch
List items shall be promptly completed by the contractor and resubmitted for the Owner's
approval.
8. FAILED INSPECTIONS:
8.1 Items requiring corrections shall be accomplished immediately.
8.2 Failed final clearance testing shall be charged back to the Contractor.
8.3 Re -inspections of corrected punch list items will require 48 hour notice to the
Consultant.
END OF SECTION 02040 --
02040-2
C
7N SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION
r-
t PART 1 - GENERAL:
1. DESCRIPTION OF WORK
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. The
contractor will be responsible for the protection of his employees.,
2. REFERENCES:
2.1 General: The following standards are made a part of the contract documents by
reference and shall be enforced as if they were 'written into the specification in their
entirety. The listed standards shall be "minimum acceptable"; comply with more stringent
requirements of these specifications where such requirement exists.
2.1.1 ANSI: ANSI-Z180.2, Practices for Respiratory Protection.
2.1.2 OSHA
A) 29-CFR-1910.134 Respiratory Protection
B) 29-CFR- 19 10. 1001 Asbestos
C) 29 CFR-1910.1101 Construction Industry
D) 29 CFR-1910.1200 Hazard Communication
2.1.3 AHERA
A) 40 CFR part 763 and appendix's
PART 2 - EQUIPMENT
3. PROTECTIVE CLOTHING:
3.1 Coveralls : Provide disposable full body hooded polyolefin or polypropylene suits.
Spun poly suites are acceptable.
3.1.1 All persons entering the work area will be required to wear suits.
3.1.2 Contractor shall provide sufficient number of changes for all workers and
inspectors on the project.
3.2 Foot wear: Provide rubber boots for workers and inspectors.
02050 - 1
3.3 Gloves: Provide water -proof glove for all workers and inspectors.
4. RESPIRATORY PROTECTION EQUIPMENT:
4.1 General: Respiratory protection will be required in all work areas and during all
phases of project, to include: critical prep work, glove bag removal, waste load out,
decontaminating of worker and work area.
4.2 Respiratory protection for workers shall be provided by the Contractor as required by
current OSHA regulations. Respirators used shall be selected from those approved by the
Mine Safety and Health Administration (MSHA) and the National Institute for
Occupational Safety and Health (NIOSH) for use in atmosphere containing asbestos
fibers.
4.2.1 NIOSH-approved respirators contain the following: an assigned
identification number placed on each unit; a label identifying the type hazard the
respirator is designed to protect against; additional information on the label which
indicates limitation and identifies the component parts approved for use with the
basic unit.
4.3 Respirator Protection Factors: All respirators shall have at least the following
protection factors:
Respirator Type
Half -Mask Air Purifying:
Negative Pressure, full face
Powered -air, full face (PAPR)
Pressure demand PAPR
Protection Factor
10
50
50
100
4.4 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)
4.5 Organic Cartridges: The contractor shall provide as necessary NIOSH and MSHA
approved cartridges for all chemical or vapors they may encounter.
PART 3 - EXECUTION
5. PROTECTIVE CLOTHING REOUIREMENTS:
5.1 General: All person entering work area shall wear all elements of the listed protective
clothing. No protective clothing shall be worn outside the work area.
02050 -1
c:
71
5.2 Protective Clothing: At the start of each shift the worker will be required to put on
full body suites, and rubber boots before entering the work area.
5.3 Decontamination of Workers: All workers shall decontaminate throght a three stage
(wet) decontamination unit prior to exiting the work area.
5.4 Final decontamination: Workers shall exit work area in suit and respirator then
proceed to decontamination unit. Workers shall enter unit through equipment room,
remove suit and place in disposal bag, begin to shower wearing respirator, shower and
exit to clean room.
6. RESPIRATORY PROTECTION PROCEDURES:
6.1 Respiratory Protection Program: The contractor shall comply with ANSI Z288.2-1980
"Practices for Respiratory Protection" and OSHA 29 1910 and 1926, and specified
requirements.
6.2 The contractor shall enforce company program and ensure respiratory protection is
used by all employees on the project any time workers are in work area, regardless of
activities performed or airborne fiber counts.
6.3 The contractor shall instruct and train all employees involved in asbestos removal,
t repair, encapsulation and disposal in the proper use, inspection and cleaning of respirator.
r 6.4 The contractor shall be responsible for assuring all employees wear the proper
respiratory protection for the fiber level encountered in the work place
6.5 Respirators are required from the start of the project until the work area is completely
decontamination and all waste has been disposed and area has been cleared.
6.6 The contractor shall provide a licensed supervisor for the duration of the project to
act as his "Competent Person" as defined by OSHA regulations.
6.7 Minimum Respiratory Requirements: The minimum respiratory requirements for this
r- project are as follows:
1
6.7.1 Full -face, air purifying respirator: Use full -face respirator equipped with
high efficiency (HEPA) filters while doing preparation work only; no abatement
work will be done while wearing this type respirator.
6.7.2 Powered Air Purifying Respirators: Use high efficiency powered air -
purifying respirators whenever the fiber count is less than 1.0 fibers/cc.
6.7.3 Type "C": Use type "C" supplied air respirators whenever the fiber count is
1.01 fibers/cc or greater.
6.8 Upgrading protection: At any time during the project that airborne fiber
concentrations increase to the point that fiber counts inside the mask would exceed 0.01
fibers/cc all work shall cease and all workers shall leave the work area until respiratory
protection is upgraded and/or improved engineering controls are implemented.
02050 - 3
6.9 Respiratory Protection for Site Inspection Personnel: The project shall be subject to
on -site inspection by OSHA, EPA, Owner's Representative, etc. Contractor shall provide
clean respiratory equipment for any and all inspectors. Contractor shall provide
throughout the project a complete set of equipment (respirator and disposable clothing)
for the Owner's air monitoring/inspector.
6.9.1 If found to be in violation of 29 CFR 1926.1101 the Contractor shall cease
all work immediately and remain so until the violation is corrected. Standby time
required to resolve the violation shall be at the Contractor's expense.
END OF SECTION - 02050
02050 4
SECTION 02070 - CONTAINMENTS
PART 1 - GENERAL
1. DESCRIPTION OF WORK:
1.1. This section describes the containment and decontamination unit the contractor shall
employ for the duration of the project.
1.1.1 The contractor will submit a detailed Plan of Action complete with
r' drawings for the containment and removal of the ACM. Define the areas to
contain and the areas to glovebag.
1.1.2 The intent is to allow the contractor to perform the removal in a manner he
is acustom to, while complying with NESHAP and TAHPA regulations.
1.1.3 Allowed practices: Full containment removal, Mini containments with
attached two stage decon units, negative pressure glovebag removal.
1.2. The contractor shall create containments as necessary for the abatement of large
pipes and stack insulation. Smaller piping may be glovebagged with negative pressure
glovebags, or in a mini enclosure.
1.3. PCM clearance samples will be to clear each containment area..
PART 2-PRODUCTS
2. CONTAINMENT MATERIALS:
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.
2.6. Wood Studs: Provide stud -grade 2x4, 2x6, W etc. pine.
2.7 Re -enforced true 6 mil poly for containments.
02070 -1
k
PART 3 - EXECUTION:
3. GENERAL CONTAINMENT PROCEDURES:
3.1. Air Locks: Build double air locks of plastic sheeting at all entrances and exits to the
work area so that the work area is always closed off by one barrier when workers enter or --
exit. Position so that all air entering the containment must enter through the air lock.
3.2. Decontamination unit: Erect wood/pipe frame structure at site to accommodate
workers. Size to allow room for metal shower and waste storage area.
3.2.1 Containments: Erect on centrally located decon unit for the projects
duration. If a larger containments is erected attach a separate decon for the
containment.
3.2.2 Mini -enclosures: Erect a two stage dry decon sealed to the enclosure.
3.3. Containments: The contractor shall erect scaffolding or wood frame work as
necessary, to enclose the area. The frame work system will be covered in 2 layers of
reinforced 6mi1 poly.
3.3.1 Critical Prep: Containment work area with one layer of 4 mil. poly.
Contractor shall secure poly with spray adhesive, tape, staples as necessary.
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.
4. GLOVE, BAGS:
4.1 Provide true 6 mil poly glovebags. Bags will have proper hazard warning labels. Bags -"
may be vertical or horizonal multiple strings of bags.
END OF SECTION - 02070
02070 -2
F
PM
r
SECTION 02080 - GLOVEBAG ASBESTOS REMOVAL METHOD
PART 1- GENERAL
1. DESCRIPTION OF WORK:
1.1 This section describes the glovebag removal methods for ACM thermal system
insulation.
1.2 Glovebag removal shall be conducted in modified containment with HEPA filtration
device(s) and a worker decontamination unit..
1.3 Contractor shall visit site and review drawing to determine difficulties involved with
removal of the specified ACM materials.
PART 2 - PRODUCTS:
2. ABATEMENT MATERIALS:
2.1 Wetting agents: Provide wetting agents for wetting ACM before disturbance, use
either amended water of diluted removal encapsulates.
2.2 Glovebags: Provide glovebags for removal of pipe lagging.
2.3 Sprayer: Provide sprayer with capacity of delivering a spray under pressure.
2.4 Waste Containers: Disposal bags provide 6 mil disposal bags for ACM pipe lagging,
and sealable drums for floor tile.
2.5 Encapsulant: Provide lock down encapsulants for the encapsulation of fibers
following the abatement.
2.6 HEPA Vacuum: Provide HEPA vacuum for evacuating all air from glovebags prior to
removal of bag from pipe.
PART 3 - EXECUTION:
3. GLOVE BAG REMOVAL:
3.1 Contractor shall repair and tape any damaged areas on piping, then install glovebags
in a manner which will not distrub any ACM.
3.2.1 Contractor shall first wet ACM with a penetrating encapsulant, then
immediately place glove bag on pipe and seal ends.
3.3 Removal of all ACM insulation will be conducted utilizing a negative pressure glove
bag removal technique. ,
r
02090-1
3.4 Before beginning removal designate a removal team to consist of three persons inside
containment suited in two "tyvek type" suits each and PAPR respirators.
3.4.1 Tape sides of bag to previous installed tape, seal tightly, and allow for
working room.
3.4.2 Use smoke tube to test seals, insert smoke tube through sprayer hole and fill
bag, gently squeeze bag while looking for leaks, adjust fit or re -tape as necessary.
3.4.3 insert wand of spray pump in sprayer hole and tightly seal with tape to bag.. ^
3.4.4 Insert nozzle for HEAP vacuum in opening of bag and tape to form air tight
seal.
6. DISPOSAL OF ACM WASTE:
6.1 Contractor shall bag all generated ACM waste wet. Materials will not be allowed to
dry before bagging.
6.2 Prior to placement of bagged waste into second bag, wash and wet wipe clean.
6.3 All waste shall be double bagged in 6 mil poly bags, and label to comply with -'
NESHAPS regulations for disposal.
6.4 Clean up and disposal. See Section 0209.0 for details. —
END OF SECTION 02080
ulusu-2
SECTION 02081- ASBESTOS REMOVAL METHOD IN CONTAINMENT
PART 1- GENERAL
1. DESCRIPTION OF WORK:
1.1 This section describes the removal methods for ACM thermal system insulation.
1.2 Due to the small containment areas and the large amount of ACM to be removed, no
unbagged waste shall accumalate in the work area.
1.2.1 The work area shall be left cleaned to poly floor and free of ACM fibers,
priorto the end of the shift.
1.3 Contractor shall visit site to determine difficulties involved with removal of the
specified ACM materials. The contractor shall submit a detailed plan of action for the
containments.
PART 2 - PRODUCTS:
2. ABATEMENT MATERIALS:
r
2.1 Wetting agents: Provide wetting agents for wetting ACM before disturbance, use
either amended water of diluted removal encapsulates.
2.2 Glovebags: Provide glovebags for removal of pipe lagging.
2.3 Sprayer: Provide sprayer with capacity of delivering a spray under pressure.
2.4 Waste Containers: Disposal bags provide 6 mil disposal bags for ACM pipe lagging,
and sealable drums for floor tile.
2.5 Encapsulant: Provide lock down encapsulants for the encapsulation of fibers
following the abatement.
PART 3 - EXECUTION:
5. REMOVAL IN FULL CONTAINMENT:
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 The contractor shall remove the ACM insulation in pieces sized for disposal bags.
02080-1
5.2.1 The removal shall be conducted by teams. A team shall consist of one man doing
the removal, and one man below bagging waste. The removers shall remove the blocks
and debris, handing to the men below to bag.
5.2.2 At no time shall the removal method allow unbagged amounts of ACM to
accumalate in the work area.
5.2.3 All bagged waste bags shall be wiped clean and placed in the waste storage area
prior to the end of that shift.
6. DISPOSAL OF ACM WASTE:
6.1 Contractor shall bag all generated ACM waste wet. Materials will not be allowed to
dry before bagging.
6.2 Prior to placement of bagged waste into second bag, wash and wet wipe clean.
6.3 All waste shall be double bagged in 6 mil poly bags, and label: to comply with
NESHAPS regulations for disposal.
6.4 Clean up and disposal. See Section 02090 for details.
END OF SECTION 02080
02080-2
r
SECTION 62090 - CLEAN-UP AND DISPOSAL
)TART I -GENERAL:
1. SCOPE OF 'WORK:
1.1. This section describes the method contractor will employ for the clean-up and
disposal of ACM and containment materials from the work area.
2.OUALITY ASSURANCE:
2.1. Permits and Notifications: Secure necessary permits in conjunction with asbestos
removal, transporting, and disposition and provide timely notification of such actions, as
may be required by federal, state; regional, and local authorities. Notify the Regional
Office of the U.S. Environmental Protection Agency and provide copies of the
notification to the Consultant. Proiiule notification in accordance with CFR 61.22(d)(1).
2.1.1 The contractor will be required to furnish a 'Texas Department of Health
asbestos transportors licensed, prior to transporting waste.
2.2.2 LP&cL, is a USEPA RCRA generator of hazardous waste. The contractor shall
assist the LP&L compliance officer with completeing a properly executed waste
manifest.
2.2. Housekeeping: Essential parts of asbestos dust control are housekeeping and clean-
up procedures. Maintain all surfaces throughout the building free of accumulations of
asbestos fibers to prevent further dispersion. Give meticulous attention to restricting the
spread of dust and debris, keep waste from being distributed over the general area. Use
approved industrial vacuum cleaners with a HEPA filter to collect dust and small scrap.
The blowing down of the space with compressed air is forbidden: Post appropriate
asbestos hazard warning signs. In all possible instances workmen shall clean up their own
areas. Equip personnel engaged in cleaning up asbestos scrap and waste with necessary
respiratory equipment and protective clothing.
PART 2 - :MATERIALS
Not Applicable
PART 3 - EXECUTION
3. GENERAL:
3.1. Collect and dispose of asbestos waste, scrap, debris, bags, containers, equipment,
and asbestos contaminated clothing in sealed impermeable bags.
3.2. Prior to placing in bags, or containers, wet down asbestos wastes to reduce airborne
concentrations.
F
02090 - i
3.3. Waste asbestos materials shall be disposed of in accordance with all Federal
regulations implementing the intent of the Resource Act (40 CFR 260-265) at an EPA
approved sanitary landfill. The "small quantity exclusion" of the regulations shall not
apply to disposal of waste asbestos materials.
3.4. Establish a temporary holding area approved by the Consultant for properly
packaged asbestos waste. This area is only to be used during the regular asbestos
Contractor's work hours prescribed in the paragraph "Sequencing/Scheduling".
3.5. Contractor shall provide disposal bags with labels as required by NESHAP
regulations.
4. PRELIMINARY CLEANUP AND INSPECTION:
4.1. After all ACM materials have been removed, bagged, and transferred out of the
containment the air monitoring firm will inspect the work area to establish that all gross
amounts of ACM has been removed. Visual observation of asbestos materials, dust or
debris is not permitted on any surface in or around the work area.
4.2. Prior to notification, Contractor shall remove all bagged ACM and be ready to start
final cleanup. Contractor shall remove any additional sheets of floor or wall covering,
being careful to not break the containment.
5. FINAL CLEANUP:
5.1. 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.
5.2. 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.
6. FINAL CLEARANCE TESTING:
6.1. Upon notification that the area is ready for clearance sampling, the Owner's
representative (consultant or technician) shall perform the clearance air sampling.
6.2. Re -Testing for Final Clearance: In the event the work area does NOT pass the first
air clearance testing (the concentration of asbestos fibers is outside stated limits), then
Contractor shall re -clean the entire area by thoroughly wet -wiping every surface in the
work area (floor, wall, ceiling, etc.). At the end of this re -cleaning process the Contractor
shall notify the Owner's representative who shall again take the required air samples.
02090 - 2
I
I 7. P.EMOVAL OF CONTAIl\AIENT:
R
7.1. 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.
7.2. All workers shall continue to work in full protective clothing: disposal coveralls,
powered, air -purifying respirators, etc.
7.3. Remove containment walls folding carefully so that the side facing into the
containment is on the inside of the fold. Cut walls into sections of sufficient size as to
allow disposal in 6-mil bags.
7.4. 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.
7.5. 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.
7.6. Contractor shall comply NF,SHAP regulation in 40 CFR and State of Texas
regulation for waste disposal in TAC.
7.7. Contractor shall manifest. loads on State of Texas Waste Manifest, properly
executed.
7.7.1. Contractor shall submit manifest and landfill receipts to Consultant at project close
out, or with final pay request.
6. DISPOSAL OF ACM WASTE:
6.1 Waste Manifests: All waste stall be manifested on a State manifest
6.1.1 LP&L is an industrial site subject to RCRA regulation, therefore no waste
may be transported without the approval of the owner, and proper identification/
manifesting of waste.
6.1.2 The contractor is respnsible for transporting the waste in a reasonable
amount of time.
6.2 Disposal Site: The contractor shall select a TDHfMCC approved landfill. The
selected landfill shall be approved to accept friable ACM materials, and have an
approved method for covering ACM waste.
6.3 The contractor shall list site on TDI3 Asbestos Renovation/Demolition notification
filed with TDH, prior to abatement and disposal.
END OF SECTION 02090
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