HomeMy WebLinkAboutResolution - 5610 - Contract - CST Environmental - ACM Abatement - 08_28_1997Resolution No.5610
Item #27
August 28, 1997
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and
between the City of Lubbock and CST Environmental, of Houston, Texas, to install and
furnish all materials and services as bid for the ACM Abatement at the City of Lubbock
Municipal Coliseum, and any associated documents, which Contract 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 28th day of August , 1997.
ATTEST: "
/6'qW &t,'A
Kay 'e Darnell, City Secre
PROVED6TO CONTENT:
Victor Kilman, Purchasihg Manager
APPROVED AS TO
DAWq1d G. Vandiver, First
City Attorney
da/ccdocs/cstenmes
August 19, 1997
CITY OF LUBBOCK
SPECIFICATIONS FOR
ACM ABATEMENT AT CITY OF LUBBOCK MUNICIPAL COLISEUM
BID #97167
I;;
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: ACM ABATEMENT AT CITY OF LUBBOCK MUNICIPAL COLISEUM
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 97167
PROJECT NUMBER: 8402.8302.20000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
iii
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE CONTRACT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
11. SPECIAL CONDITION
NOTICE TO BIDDERS
f
NOTICE TO BIDDERS
BID #97167
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
I office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until
1 o'clock a.m. on the 12th day of August,1997, or as changed by the issuance of formal addenda to all planholders, to
fumish all labor and materials and perform all work for the construction of the following described project:
"ACM ABATEMENT AT CITY OF LUBBOCK MUNICIPAL COLISEUM"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
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 28th day of August,1997, at the Municipal Building, 1625 13th
Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all
bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price
{� exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 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 B or superior, as the
rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 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.
r� 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
31st day of July, 1997, at 10:00 o'clock a.m., in the L04 - Purchasing Conference Room, 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
(606) 767-2281 at least 48 hours In advance of the meeting.
CITY OF LUBBOCK
VICTOR KIL A
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164.
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall fumish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents for the ACM ABATEMENT AT CITY OF
[LUBBOCK MUNICIPAL COLISEUM.
2. CONTRACT DOCUMENTS.
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
I construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents, may be examined without charge as noted In the Notice
to Bidders.
71
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
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within ; (TWENTY-ONE)
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
T' 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.
}
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 fumish 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 fumished two sets of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractors responsibility to prosecute the work contemplated by the contract documents In such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
74 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, furnish and erect such barricades, fences, lights and danger signals,
and shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractors responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
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.
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 Contractors 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
t " 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.
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17. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will 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
r 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 furnished shall name the City as an additional insured. A Worker's
Compensation Coverage statement from the Contractor to the effect that no work on this particular
project shall be subcontracted will be accepted as an alternative. 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 particulady 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 Contractor and each of his subcontractors engaged at the site
of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, 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
schedule of general prevailing rate of per diem wages included In these contract documents.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases In the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
21. PREPARATION FOR BID
The bidder shall submit his bid on forms furnished by the City. All blank spaces In the form shall be correctly
filled In and the bidder shall state the price both in words and numerals, for which he intends to do the work
contemplated or furnish the materials required. Such prices shall be written In ink, distinctly and legibly, or
typewritten. In case of discrepancy between the price written in words and the price written in figures, the price
written in words shalt govem. If the bid is submitted by an individual, his name must be signed by him or his duly
authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each
member must be given and the bid signed by a member of the firm, association or partnership, or person duly
authorized. If the bid is submitted by a company or corporation, the company or corporate name and business
address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The
bid shall be executed in ink.
Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Bid for (description of the project).
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
bid may be withdrawn or altered thereafter.
22. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
0 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.
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 fumish 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.
No Text
7
F
PLACE: Lubbock. Texas
DATE: August 12, 1997
BID SUBMITTAL
LUMP SUM BID CONTRACT
PROJECT NUMBER: BID #97167 - ACM ABATEMENT AT CITY OF LUBBOCK MUNICIPAL COLISEUM
i Bid of CST Environunental, Tnc_ (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 for bids for the construction of a ACM abatement at
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 fumish 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: Twelve thousand five hundred twenty frn,r dol 1 ArG ($ 17, S24 nn )
r
SERVICES: Eighteen thousand seven hundred Pi ghty six r1n11 arg ($ _ 1 R, 7RF nn )
r TOTAL BID: arty one thousand three hundred ten dollars ($ aL310.00 )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.).
r' 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 21 (TWENTY-ONE) 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
r•
Bidder understands and agrees that this bid submittal shall be completed and submitted In accordance with
Instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
l bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (f
required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for n/a
Dollars ($, n/a ) or a Bid Bond in the sum of 5% of total amount bid 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 (f 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 w Ith the Notice to Bidders.
!� Aut lorized Signature
Sevin Delahjinty, C=ra_tion_G Managar
(Printed or Typed Name)
CST Environmental,
Company
14010
Inc.
Tntprdriye
r" Address
West
Houston,
Harris
City,
County
Texas
9 77032
State
Zip Code
Telephone: 281
449-5911
Fax: 281 - 449-6040
r
(Seal if Bidder is a Corporation)
r' ATTEST:
�. Secretary Valerie Pelletier, Admin. Asst.
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LIST OF SUBCONTRACTORS
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0 0
0 0
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LUSSOM TX 704ST TYPE OF PROJECT:
Lubbock Munici-DaltColliseum
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t"an�,:il�ioa.
FNE COPI= OF THE CERTIFICAM a OF if.'SUrZANC* Lockton Insurance Brokers, Inc.
� n� i 1t25i1r��jF' "r'^'tnl lIJ �AT-�
DUST BE SENT TO , rjE CrTf Or LUSSOCK
General Liability, Auto Liability & Workers'
S
Ccnpensation carrier - Zurich American Ins. Group TMe: Acm„n Manager
Excess Liability carrier - Steadfast Insurance co.
r
l
POLICY NUMBER: AA03653107 01 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - FORM B
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Project Name: Job No. 98-519A
Lubbock Municipal Colliseum
Name or person or Organization:
CITY OF LUBBOCK
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you.
(NOT APPLICABLE TO WORKERS' COMPENSATION)
Authorized by: Date:4i'
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
adiend.doc
.9-17-1997 1:27PM FROM CST HOUSTON 713 449 6040 P.3
5EP�17-87 10:19 FROM;LOCKTON INSURANCE BROKERS I13:213GOS0580 PAUL J/J
POLICY NUMBER: AA03653107 01 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
�- ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS - FORM B
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Project Name: Job No. 98-519A
Lubbock Municipal Colliseum
Dame or person or Organization:
CITY OF LUBBOCK
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (section In is amended to include as an insured the person or
organization showy in the Schedule, but only with respect to liability arising out of "your work'
for that insured by or for you.
WAVER OF SUBROGATION INCLUDED.
(NOT APPLICABLE TO WORKERS' COMPENSATION)
F 1k
AUthorized by: ( �� Date: �' ►� 1
l:
Co 20 10 1183 COPyright, insurance Services Office, Inc.. 1934
ediend.doo
r
�' 09-17-97 13:25 RECEIVED FROM:713 449 6040 P.03
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
r' 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
contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
bid/proposal.
Agent (Signature) Agent (Print)
Name of Agent/Broker. _
d Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone Number. ( )
E Date:
r CONTRACTOR'S NAME:
` (Print or Type )
CONTRACTOR'S ADDRESS:
NOTE TO AGENTIBROKER
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.
BID #97167 - ACM ABATEMENT AT CITY OF LUBBOCK MUNICIPAL COLISEUM
f
U13'LIJIUJ PAo�IC 7�'ai C� �a P.A.N'X
HOME OFFICE. PHItADELPMA. PEhNSYLYMAA
PM
BID BOND Bond No. N/A
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A3101FEB. 1970 ED.1
r KNOW ALL MEN BY THESE PRESENTS, that we CST Errvironmental, Inc.
r' as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of
. Philadelphia. Pennsylvania, a corporation duly organized under the laws of the Commonwealth of
Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto city
of Lubbock
as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the
amount of the Bid -- ---- Dollars ($ 5% },
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
r WHEREAS, the Principal has submitted a bid for Asbestos abatement Lubbock
I Municipal Colliseum
11
I
r
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the 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 fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid.
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 5th
day of August A.D. 19 97
CST Envirormental, Inc.
i(Principal) Sal
f ,
rMtr4m) ,
Valerie Pelletier, Admin. Asst. ITItkI
evin De1dhunty, Operations Manager
UNITED PACIFIC INSURANCE COMPANY
(am.4tt,
J�4&"t ,
J99ne D. Horton, Attorney -In -Fact
,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
CAME DMA
County of LOS ANDS
On August 5, 1997 before me, Maria A. Quiroz, Notary Public
DATE NAME. TITLE OP OF:ICER • E.G, "JANE DOE. NOTARY PUBLIC
personally appeared Joanne D. Horton
NAMES) OF SIGNER(SI
El personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
j MARIA A. AUIROZ
lo
Commisslon # 1089438
Notory PubAc -- Cdltomb
Los Angeles County
My Comm Ewes Mar 3, 2000
WITNESS my hand and official seal.
OPTIONAL
SIGNATURE O° NOTARY
., 55
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMiTED
❑ GENERAL
: I ATTORNEY -IN -FACT
13 TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTtTY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Bid Bond
TITLE OR TYPE OF DOCUMENT
One
NUMBER OF PAGES
August 5, 1997
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
P=
01993 NATIONAL NOTARY ASSOCIATION - B236 Remmet Ave.. P.O. Box 7184 - Canoga Panc. CA 91309-7184
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
i of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called 'the Companies') and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Joanne D. Horton, of Los Angeles, California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver
for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and
to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of
the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneyls)-in-Fact may
do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article Vii of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of
Directors shad have power and authority to tat appoint Attorney(s)4 n-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, rsoogrdzances, contracts of Indemnity
and other writings obligatory in the nature thereof, and (b) to remove any such Attomey(s)•in-Fact at any time and revoke the power and authority given to then.
2. Anorney(sl-in-Fact shalt have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds
and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertakings,
recognizances, contracts of Indemnity and other writings obligatory In the nature thereof.
3. Attomey(s)-in-Fact shalt have power and authority to execute affidavits required to be attached to bonds, focognizances, contracts of Indemnity or other conditional or obligatory
undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney Is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance
Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial
Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994.
-Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by
faesimile.and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, In the future with respect to arty bond or undertaking to which it is
attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19,
1996.
.0c.ro. yrA•ftL-.c �„� son RELIANCE SURETY COMPANY
!t i dray, 'flti�*red . .•are `fit• RELIANCE INSURANCE COMPANY '°_�EA • sue: `5EA • UNITED PACIFIC INSURANCE COMPANY
loss � RELIANCE NATIONAL INDEMNITY COMPANY
•n
STATE OF Washington }
COUNTY OF King }SS.
On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of
the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National
Indemnity Company and that as such, being authorized to do so, exectn a foregoing instrument for the purpose therein contained by signing
the name of the corporation by himself as its duly authorized officer. g
In witness whereof, I hereunto set my hand and official seal.
s NOTARY
PUBLIC
rr! 12-29 g7_qftr
4jFdFWASh� Notaif Public in and for the State of Washi ton
• Rest ng at Puyallup
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURAN E COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ;t_ day of &=St 1997
;, � ���• E � �'' j' 'is>J�Ll.' leas f i /�
0.
e • �d'e Assistant Secretary
4
,P..
�`\ Y
10
IN a�—
ENVIRONMENTAL, INC
CST ENVIRONMENTAL, INC.
a California Corporation
Meeting Minutes
Board Meeting, August 1, 1997
At a duly constituted meeting of the board of directors of CST Environmental, Inc., it was
unanimously decided to authorize Kevin Delahunty, Operations Manager of CST
Environmental, Inc., to sign and execute contracts, leases, and other articles of business
on behalf of CST Environmental, Inc. for the period August 7, 1997 through August 17,
1997.
Witness:
/"
PAYMENT BOND
BOND CHECK
BEST RATING .4
LICENS D In TEXAS
DATE By ._.
PM a
Bond No. U1857590
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN M,WO)
KNOW ALL MEN BYTHESE PRESENTS, that CST Envirprmntal , Inc. (hereinafter called the Prin*W(S), as
Prindpai(s), and
— UNITED PACIFIC INSURANCE C0NIPANY
I
(hereinafter tailed the Suretyts). as Surety(s). are held znd firmly bound unto titre City of lubt=-K QmrsInafter called the
Obliges), in the amountTrhi rty-one thousand three hundred ten (S-_31, 310 0, lawful =nay of the
United States for the paymarr. whereof, ure said PMdpal ana surety mnd themselves, and their heirs, adrninistrators,
executors, su=essors and assigns, jointly and severally. firmly by these presents.
VVH>�K? . the Principal has entered Into a certain written contract with the Obligee. dated the 2 88ctthday of
f - Au al l -1- . I9 ca Z t0
Abate the agbestos in_th-- Tybbr rj Ltinr i r-j a r- l i seism r Bid # 9 716 7
and said Principal under the law is required before commencing the work provided for In said contract to execute a bored
jr, %,,,, amount of said contract which contract is hereby referred to and made a part hemof as frilly and to the gyre extent
r" as If copied at length heraim
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that 9 the said Principal shmil
claimants supplying Jabot and material to him or a subcontractor in the Pay
prosecution of the wta'IC provided for in said
contrabl, then, this obligation shalt be void; otherwise to remain in full for-ca and effect
PROVIDED, HOWE..R, that this bond is exovAed pursuant to the provisions of Section 2253.021(a) of tip
r. Texas Govemrnent Code, and all liabilities on this bond shall be determined in accordance w 1th the provisions of said
{
Artide to the same extent as If It, were copied at length 1%erelrL
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this lnstrument dais
h day of,- 5eptenber 19 97 .
TIATTRTPn 'DA(TTT'Tr 7NgTTRAVrn-' M
Surety
.$y.
7
Joanne D. Horton
Attorney -In -Fact
t(
Howard Cowan
Texas Resident Agent
CST Enviromental, Inc.
Principal _
d arnery, Jr. ,
BY
(TWe) Valerie Pel etier,
Administrative Assistant
By:
The undersigned surety company mpreserds that it is duty Qualified to do business In Texas, and henaby
designatas Howard Cowan, an agent resident in Lubbock County to whom erry requMe notices may be
delivered and on whom seMcc of pnxzw lney be had in matters arUng out of such suretyship.
U jTTED.-PAr-TrTr TNgT7PZI- CE CO.
surety
' t3jf:
Joanne D. Horton
Approved as to form: Attorney -In -Fact
Ctb► Of Ck �
alzA
sY C omey
Note: if signed by an officer of the sumty Company there must be on ale a certitiod extract front the byaav s showtrV
that this person has authottty to sign Suva obiiigdon, If Wped by an Attorney to Fazt, we must have Copy of pow of
ettomey for our files. -
.�d
9
Mn* PACVI'C tq#. %tt CCWAL 'Y 1" IKATKWAL WMAOTTY C OMAn
POVU OP ATTORY
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M+r�AI M +�•� #.r+MlAw r =PAR r al■I�l�. ale fir/
or am � �aM w � �e �� lbw #M a hn� w � M �rw1MM�/ Mi � i � #M r
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ans
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7
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Bond No. U1857590
On September 9' 1997, before me, Karen C. Enos, Notary Public in and for the above county,
personally appeared Joanne D. Horton to me personally known, who, being by me duly sworn,
did state that he/she is Attorney -in -Fact of United Pacific Insurance Company, a corporation
organized and existing under the laws of the State of Pennsylvania, that the seal affixed to the
foregoing instrument is the corporate seal of the said corporation, that the instrument was signed,
sealed, and executed in behalf of said corporation by authority of its Board of Directors, and
further acknowledged the said instrument and the execution thereof to be the voluntary act and
deed of said corporation by his voluntarily executed.
IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the
day and year first above written.
My Commission Expires: March 20. 1998
r
Notary Public
KAREN C. ENOS
tv COMM, N0,1021049
NOTARY PUBLIC-CALIGORN
W • • SAN BERNARDINU
IA cr
Y n
f/
MYCOMM. EXPIRLbMAR. 20,1998h
L.
PERFORMANCE BOND
r-�
r
w
elm
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
, 19_, to
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
r' Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
I article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _
day of , 19
i.
Surety
By:
(Title)
Principal
By:
(Title)
By:
(Title)
By:
(Title)
I
The undersigned surety company represents that it Is duly qualified to do business in Texas, and hereby
designates an agent resident In Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
r
7 CONTRACTOR CHECKLIST
` A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
7 on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
r extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
r thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
�- the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to
provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
I
REQUIRED WORKERS' COMPENSATION COVERAGE
�. "The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
N equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or
to report an employers failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include In all contracts to provide services on the project the language in subsection (e) (3) of
this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
0 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
(M) 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.0
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS CONTRACT, made and entered into this 28th day of August,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 CST ENVIRONMENTAL, INC. of the City of Houston. County of Harris and
the State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and Contracts hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed In the bond bearing even date herewith Of any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #97167 - ACM ABATEMENT AT CITY OF LUBBOCK MUNICIPAL COLISEUM - $31,310.00
and all extra work in connection therewith, under the terms as stated In the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor,
Insurance and other accessories and services necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of the Contract.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified In the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and -to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this Contract in Lubbock, Lubbock County,
Texas in the year and day first above written.
AFEST:
AS TO CONTENT:
Owner's Represe'litatWe
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ATTEST:
Corporate Secretary
Cl BOCK TEXAS )
By:
MAYOR
CONTRACTOR:
CST
PRINTED
TITLE: General Manager
COMPLETE ADDRESS:
CST Environmental, Inc.
14010 Interdrive West
Houston, Texas 77032
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GENERAL CONDITIONS OF THE CONTRACT
GENERAL CONDITIONS OF THE CONTRACT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, Is used, it shall be
understood to mean the person, persons, co-partnershlp or corporation, to wit CST ENVIRONMENTAL. INC.
who has agreed to perform the work embraced In this contract, or to his or their legal representative.
• �l► : ': l 1 L
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 DAVID ZIEGLER, BUILDING SERVICES MANAGER, 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 Contract. 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.
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4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Contract, Statutory Bonds (if required), General Conditions of the Contract, Special Conditions of the Contract (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his
Inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like Import are used, It shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is Intended; and similarly, the words "Approved"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
MININVIAZZU■ •
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.
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8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, If required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with two copies of all Plans, Profiles and Specifications without expense to him
and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the
work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or
the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner
that the completed project will conform to the requirements of the contract documents, but he will not be
responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the
basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to
guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the
commencement of the work contemplated by these contract documents or the completion of the work
contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work In order to
pen -nit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical
and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's
Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his
Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at
Contractor's expense.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
r; Unless otherwise specified, it is mutually agreed between the parties to this Contract 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 constriction thereof, and shall, in all cases,
decide every question which may arise relative to the execution of this contract on the part of said Contractor.
The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on
the contract, and to any rights of the Contractor to receive any money under this contract.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
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.
7 15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and Is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Contract, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
Instructions are consistent with the obligations of this Contract 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
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 acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
4 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 Contract or conversation with any officer, agent, or employee of the Owner, either before or
I 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 Owners 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 fumish 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, property 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.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
*~ Owner, Owner's Representative, or other persons authorized under this Contract to make such inspections, tests,
or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the
requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use In
the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not
In conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such
work so that it shall be In full accordance with this contract. It is further agreed that any remedial action
contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof,
either before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount
of work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual
loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally
planned.
24. EXTRA WORK
The term "extra work" as used In this contract shall be understood to mean and Include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not
covered by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work Is
commenced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) percent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to Include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment,
for the time actually employed or used on such extra work, plus actual transportation charges necessarily
Incurred, together with all expenses incurred directly on account of such extra work, including Social Security,
= Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all
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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 terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead,
general superintendence and field office expense, and all other elements of cost and expense not embraced
within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be
maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be
included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by 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 Owners
Representative for a written order authorizing such extra worts. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owners 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 f
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
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Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and
save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person
or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their
agents or employees, In the execution and supervision of said contract, and the project which is the subject
matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary
barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained
against the Owner or any of_its officers, agents, or employees including attorneys fees.
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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 Contract, as well as any notice which may be given by
r- the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory 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 within ten days after being notified of such
award.
The insurance certificates furnished shall name the City as an additional insured. A Worker's
Compensation Coverage statement from the Contractor to the effect that no work on this particular
project shall be subcontracted will be accepted as an alternative. 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 $1,000,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
.a Pollution Liability Coverage
Contractual Liability
Independent Contractors Coverage
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Personal Injury
Advertising Injury
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily Injuries, including accidental death and or property damage, $1,000,000.00 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, $300,000.00 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 Installation
The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% 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 $0.00 on all contracts with —
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00,
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in 406.096) - 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.
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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
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of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
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awarded the contract.
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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.
b.
5. The contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, in the text, form and 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;
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t: ,
G.
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage'period shown on the current certificate of
coverage ends during the duration of the project; —
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for —
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the _
contractor is representing to the governmental entity that all employees of the contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission's Division of Self -
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the —
govemmental entity.
Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as
evidence of compliance with the above insurance requirements, signed by an authorized representative
of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the 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.
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(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
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(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the
governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(il) 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;
f., (e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Act or other commission rules. This notice must
be printed in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must 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
proje4 regardless of the Identify of their employer or status as an employee.'
R„ "Call the Texas Workers' Compensation Commission at SIV440-3789 to receive
information on the legal requirement for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage." and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
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(I) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees
providing services on the project, for the duration of the project;
(11) provide a certificate of coverage to the contractor prior to that person beginning
work on the project;
(III) include in all contracts to provide services on the project the language in
subsection (e) (3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project; --
(v) obtain from each other person with whom it contracts, and provide to the
contractor.
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (A) - (H), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990,
and agree not to discriminate against a qualified individual with a disability because of the disability of such _
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN. AND
FURNISHERS OF MACHINERY, 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 fumish satisfactory evidence that all z
obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within
five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
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unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness
or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal Contract 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
the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of such Infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which In any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by
the Contractor or his employees. if the Contractor observes that the plans and specifications are at variance
therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be
adjusted as provided In the contract for changes In the work. If the Contractor performs any work knowing it to
be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, he shall bear all costs arising therefrom.
The Owner Is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
r- as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner
!' may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect
as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the
r 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 Contract.
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
07Q 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.
TO 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 $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated
damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor
shall be in default after the time stipulated for completing the work.
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
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consideration the average climatic change and conditions and usual industrial conditions prevailing in this
locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event
sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner
from current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such
manner as shall be most conductive to economy of construction; provided, however, that the order and time of —
prosecution shall be such that the work shall be substantially completed as a whole and In part, in accordance
with this contract, the plans and specifications, and within the time of completion designated in the bid; provided,
also, that when the Owner is having other work done, either by contract or by his own force, the Owner's
Representative may direct the time and manner of constructing work done under this contract so that conflicts
will be avoided and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF 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, 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 ti
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done
and material to be fumished under this contract, they are approximate and are to be used only as a basis for --
estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price
r- method, payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this Contract, from any damage or injury by reason of said process of construction; and he shall be liable for any
and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor
agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any
injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such
_ indemnity shall not apply to any claim of any kind arising out of the existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the 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 Contact, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have
not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment. Owner's Representative shall review said application for partial payment and the progress of
the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment
showing as completely as practical the total value of the work done by the Contractor up to and including the last
day of the preceding month; said statement shall also include the value of all sound materials delivered on site of
the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 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 Contract. It is understood, however, that in case the whole work be near to
completion, and this fad Is certified to by Owner's Representative and some unexpected and some unusual
delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written
recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage
due Contractor.
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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 Contract, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st
day after the date of certificate of completion, the balance due Contractor under the terns of this Contract,
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.
7 48. TIME OF FILING CLAIMS
►- It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owners 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
r in writing. In case the Contractor should appeal from the decision of the Owners Representative, any demand
for arbitration shall be filed with the Owners Representative and the Owner in writing within ten (10) days after
the date of delivery to Contractor of the final decision of the Owners 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
d bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owners Representative, or if the Contractor fails to comply with the orders of
the Owners Representative, when such orders are consistent with this contract, this Contract, 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 Contract. 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 Owners Representative as being correct
shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the
Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date
of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner,
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor
and/or his Surety fail to pay the amount due the Owner within the time designated herelnabove, 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 cant' 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 Contract, 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 Contract.
51. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds —
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an
approved Surety Company authorized to do business In the State of Texas. And it is further agreed that this
contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special
conditions conflict with any of the general conditions contained In this contract, then In such event the special
conditions shall control.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be
done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same,
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E 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
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during his performance and to carry out the other prerogatives which are expressly reserved to and vested
r-• in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect
r the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
�-- the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials
and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case
of dispute Owner may remove the debris and charge the cost to the Contractor.
CURRENT WAGE DETERMINATIONS
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Ke.solucivn No. D.L.i
r. March 14, 1996
Item #19
a
RESOLUTION
1; WHEREAS, the City Council has heretofore established the general prevailing rate of
i' 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
11 Ann.Civ.St., Art. 5159a; and
�.. WHEREAS, such wage rates were established by Resolution No. 719 enacted February
is 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
Resolution No. 2502 enacted January 8, 1987; and
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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:
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works contracts shall be
as set forth in the following named exhibits, which exhibits shall be attached hereto and made
a part hereof for all intents and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
Exhibit C. Overtime Rate
Exhibit D: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing rate of per diem
wages in all localities where public works are undertaken on behalf of the City of Lubbock and
` such wage rates shall be included in all public works contracts as provided by law.
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Passed by the City Council this 14th
ATTEST:
& d-, all aa
BettyM. J on, City Secretary
APPROVED AS TO CONTENT:
Mary AndrYws, Managing Director of
Human Resources
APPROVED AS TO FORM:
a KogId&4W2dilIar(d,rA'ssistant City Attorney
H W : dalccdocs/pubworks. res
February 14, 1996
01
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City of Lubbock
Building Construction Trades
Prevailing Rates
M
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Floor Installer
Glazier
Insulator-PipingBoiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly te
10.00
11.00
5.50
8.00
11.00
11.00
6.00
11.00
6.00
7.50
10.00
13.00
6.00
8.50
7.50
8.50
8.00
9.00
5.50
8.00
5.50
5.50
9.50
10.50
6.00
8.00
5.50
8.75
5.50
10.00
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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-U&
6.00
Truck Driver -Heavy
6.50
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.
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EXMBIT 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
7,
TABLE OF CONTENTS
Part 1 General Information
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1.1
Definitions
1.2
Scope of Work
�- 1.3
Description of Work
1.4
Applicable Standards and Guidelines
1.5
Submittals and Notices
1.6
Site Security
1.7
Emergency Planning
1.8
Pre -start Meeting
Part 2 Materials and Equipment
2.1 Materials
2.2 Equipment
2.3 Substitutions
Part 3 Execution
3.1 Preparation
3.1.1 Work Area Pre -cleaning
3.1.2 Worker Decontamination Enclosure
3.1.3 Waste Container pass -out Airlock
3.1.4 Barriers Between the Work Area and Occupied Areas
3.1.5 Maintenance of Enclosures
3.1.6 Establishing Emergency Exits
3.1.7 Removing and Cleaning Fixtures from Area
3.1.8 Removal of Building Structural Components
3.1.9 Commencement of Work
3.1.10 Enclosure System Approval
31.11 Alternative Procedures
3.2 Work place Entry and Exit Procedures
3.3 Training
3.4 Respiratory Protection
3.5 Protective Clothing
3.6 Removal Procedures
3.7 Clean-up
3.8 Encapsulation Procedures
3.9 Clearance Air Monitoring
3.10 Disposal Procedures
3.11 Transportation to the Landfill
3.12 Disposal at Landfill
3.13 Re-establishment of the Worts Area and Systems
3.14 Repaint
Part 4 Support Activities
�^ 4.1 Training
4.2 Medical Monitoring
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PART 1 GENERAL INFORMATION
1.1 Definations
1.1.1 Abatement -Procedures to control fiber release from asbestos -containing materials. Includes
removal, encapsulation, enclosure, repair, demolition and renovation activities.
1.1.1.1 ACGIN - American.Conference of Governmental Industrial Hygienists, 6500 Glenway Ave. Building
D-5, Cincinnati, Ohio 45211.
1.3.1.2 AIHA - American Industrial Hygiene Association, 4676 Columbia Parkway (R-8) Cincinnati, Ohio
45226.
1.1.1.3 Airlock - A system for permitting ingress and egress with minimum air movement between a
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contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated
by distance of at least 3 feet such that one passes through one doorway into the airlock, allowing the
doorway sheeting to overlap and close off the opening before proceeding through the second doorway,
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thereby preventing flow -through contamination.
1.1.1.4 Air monitoring - The process of measuring the fiber content of a known volume of air collected
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during a specific period of time. The procedure normally utilized for asbestos follows the NIOSH Standard
Analytical Method for Asbestos In Air, Method 7400. For clearance air monitoring, electron microscopy
methods may be utilized for lower delectability and specific fiber identification.
1.1.1.5 Air Sampling Professional - The professional contracted or employed by the Building Owner to
supervise and/or conduct air monitoring. This individual may also function as the Asbestos Project Manager,
if qualified. Supervision of air sampling and evaluation of results should be performed by an individual who
has completed an EPA approved NIOSH 582 course and has specialized experience in air sampling for
asbestos. Other acceptable Air Sampling Professionals include Environmental Engineers, Architects,
Chemists, and Environmental Scientists or others with equivalent experience in asbestos air monitoring and
asbestos abatement This individual shall not be affiliated in any way other than through this contract with
the Contractor performing the abatement work.
1.1.1.6 Amended Water - Water to which a surfactant has been added.
1.1.1.7 ANSI - American National Standards Institute,1430 Broadway, New York, N.Y.10018.
1.1.1.8 Asbestos - the asbestiform varieties of serpentine (chrysotile) de beckite (crocidolite),
cummingtonite-grunerite (amosite), anthrophyllite, and actinolite, and tremolite.
1.1.1.9 Asbestos -containing Material (ACM) - Material composed of asbestos of any type and in an amount
greater that 1 % by weight, either alone or mixed with other fibrous or non -fibrous materials.
1.1.1.10 Asbestos -containing Waste Material - Asbestos -containing material or asbestos contaminated
objects requiring disposal
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1.1.1.11 Asbestos Project Manager -That person designated by the Consultant to manage all asbestos
work.
1.1.1.12 ASTM - American Society for Testing and Materials,1916 Race Street, Philadelphia, PA 19103.
1.1.1.13 Authorized Visitor - The Building Owner (and any designated representatives) and any
representative of a regulatory or other agency having jurisdiction over the project.
1.1.1.14 Building Owner - The Owner or his authorized representative.
1.1.1.15 Certified Industrial Hygienist - (CIH) An industrial hygienist certified in Comprehensive Practice by
the American Board of Industrial Hygiene. (See Section 1.3.1.2 for address).
1.1.1.16 Clean Room - An uncontaminated area or room which is a part of the worker decontamination
enclosure system with provisions for storage of worker's street clothes and clean protective equipment.
1.1.1.17 Contractor -The individual and/or business with which the Building Owner arranges to perform the
asbestos abatement It is recommended that wherever asbestos abatement is part of a larger project, the
asbestos work be contracted separately and distinctly from other contract work. When this is not possible,
the Contractor is responsible for the proper completion of project activities in accordance with this contract
specifications even where a subcontractor has been retained to perform the actual abatement.
1.1:1.18 Curtained Doorway - A device to allow ingress and egress from one room to another while
permitting minimal air movement between the rooms, typically constructed by placing two overlapping sheets
of plastic over an existing or temporarily framed doorway, securing each along the top of the doorway,
securing the vertical edge of one sheet along one vertical side of the doorway and securing the vertical edge
of the other sheet along the opposite vertical side of the doorway. Other effective designs are permissible if
approved in advance by the Consultant.
1.1.1.19 Decontamination Enclosure System - A series of connected rooms, separated from the work area
and from each other by air locks, for the decontamination of workers and equipment. The system shall be in
accordance with TAHPR 295.60 (e).
1.1.1.20 Demolition - The wrecking or taking out of any load -supporting structural member of a facility
together with any related handling operations.
1.1.1.21 Encapsulant -A liquid material which can be applied to asbestos -containing material which controls
the possible release of asbestos fibers from the material either by creating a membrane over the surface
(Bridging encapsulant) or by penetrating into the material and binding its components together (Penetrating
encapsulant).
1.1.1.22 Encapsulation - The application of an encapsulant to asbestos -containing materials to control the
release of asbestos fibers into the air.
1.1.1.23 Enclosure - The construction of an air -tight, impermeable, permanent barrier around asbestos -
containing material to control the release of asbestos fibers into the air.
1.1.1.24 EPA - U.S. Environmental Protection Agency, 401 M. Street S.W., Washington, D. C. 20460.
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1.1.1.25 Equipment Decontamination Enclosure System - That portion of a decontamination enclosure
system designed for controlled transfer of material and equipment into or out of the work area, typically
consisting of a washroom and holding area.
1.1.1.26 Equipment Room - A contaminated area or room which is part of the worker decontamination
enclosure system with provisions for storage of contaminated clothing and equipment.
1.1.1.27 Facility - Any institutional, commercial or industrial structure, installation or building.
1.1.1.28 Facility component - Any pipe, duct, boiler, tank, reactor turbine or furnace at or in a facility or any
structural member of a facility.
1.1.1.29 Fixed object - A piece of equipment or furniture in the work area which cannot be removed from the
work area.
1.1.1.30 Friable Asbestos - Asbestos -containing material which can be crumpled to dust, when dry, under
hand pressure.
1.1.1.31 Glovebag Technique -A method with limited applications for removing small amounts of friable
asbestos -containing material from HVAC ducts, short piping run, valves, joints, elbows, and other non -planar
surfaces in a non -contained (plasticized) work area. The glovebag assembly is a manufactured or fabricated
device consisting of a glovebag (typically constructed of 6 mil transparent polyethylene or polyvinylchoride
plastic) two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for
asbestos waste. The glovebag is constructed and installed in such a manner that it surrounds the object or
material to be removed and contains all asbestos fibers released during the process. OSHNs definition of a
glove bag is that it may be no larger than 60'x60% may be used only one time, may not be slid along the pipe
and may not be joined to form a continuos line of glove bags. All workers who are permitted to use the
glovebag technique must be highly trained, experienced and skilled in this method. This definition will be
strictly applied to on all projects.
1.1.1.32 HVAC - Heating, ventilation and air conditioning system.
1.1.1.33 HEPA Filter -A high efficiency particulate air filter capable of removing particles 0.3 microns in
diameter with 99.97% efficiency.
1.1.1.34 HEPA Vacuum - A vacuum system equipped with HEPA filtration.
1.1.1.35 Holding Area - A chamber in the equipment decontamination enclosure located between the
washroom and an uncontaminated area. The holding area comprises an airlock.
1.1.1.36 Movable Object - A piece of equipment or furniture in the work area which can be removed from
the work area.
1.1.1.37 Negative Pressure Ventilation System - A portable exhaust system equipped with HEPA filtration
and capable of maintaining a constant low velocity air flow into contaminated areas from adjacent
uncontaminated areas.
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1.1.1.38 NESHAPS - The National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61).
1.1.1.39 NOSH - The National Institute for Occupational Safety and Health CDC-NIOSH, Building J N.E.,
Room 3007, Atlanta, Ga. 30333.
1.1.1.40 OSHA - The Occupational Safety and Health Administration, 200 Constitution Ave. Washington,
D.C.20210.7
1.1.1.41 Outside Air - The air outside buildings and structures.
1.1.1.42 Plasticize - To cover floors and walls with plastic sheeting as herein specified.
1.1.1.43 Prior Experience - Experience required of the contractor on asbestos projects of similar nature and
scope in insure capability of performing the asbestos abatement in a satisfactory manner. Similarities shall
be in areas related to material composition, project size, abatement methods required, number of employees
and the engineering, work practice and personal protection controls required.
1.3.1.44 Removal - The stripping of any asbestos -containing materials from surfaces or components of a
facility.
1.1.1.45 Renovation - Altering in any way one or more facility components. Operations in which load -
supporting structural members are wrecked or taken out are excluded.
1.1.1.46 Shower room - A room between the clean room and the equipment room in the worker
decontamination enclosure with hot and cold or warm running water controllable at the tap and suitably
arranged for complete showering during decontamination.
1.1.1.47 Staging area -Either the holding area or some area near the waste transfer airlock where
containerized asbestos waste has been placed prior to removal from the work area.
1.1.1.48 Strip - To take off friable asbestos materials from any part of facility.
1.1.1.49 Structural Member - Any load -supporting member of a facility, such as beams and load -supporting
walls or any non -load -supporting walls or any non -load -supporting member, such as ceilings and non -load -
supporting walls.
1.1.1.50 Surfactant - A chemical wetting agent added to water to improve penetration.
1.1.1.51 Visible Emissions - Any emissions containing particulate material that are visually detectable
without the aid of instruments. This does not include condensed un-combined water vapor.
1.1.1.52 Waste Transfer Airlock - A decontamination system utilized for transferring containerized waste
from inside to outside of the work area.
1.1.1.53 Wet Cleaning - The process of eliminating asbestos contamination from building surfaces and
objects by using cloths, mops or other cleaning utensils which have been dampened with water and
afterwards thoroughly decontaminated or disposed of as asbestos contaminated waste.
5
1.1.1.54 Work Area - Designated rooms, spaces or areas of the project in which asbestos abatement
i actions are to be under taken or which may become contaminated as a result of such abatement actions. A
contained work area is a work area which has been sealed, plasticized, and equipped with a
decontamination enclosure system. A non -contained work area is an isolated or controlled -access work area
which has not been plasticized nor equipped with a decontamination enclosure system.
1.1.1.55 Worker Decontamination Enclosure - A decontamination system consisting of a clean room, a
shower room and an equipment room separated from each other and from the work area airlocks and
contained doorways. This system is used for all workers entering and exiting the work area and for
equipment
i.. 1.2 Scope of Work
1.2.1 This specification covers the abatement of asbestos hazards from building structures and components
�.. listed in 1.2.2. It is the intent of the Contract Documents to show all of the work necessary to complete the
project
i,,.. 1.2.1.1 Project schedule is as follows: All abatement work will be completed in three consecutive calendar
weeks. The contractor may work a 40 — 45 hour work week, Monday through Friday.
r', 1.2.1.2 Asbestos abatement is to be performed for the City of Lubbock Coliseum at 2720 Drive of
Champions, Lubbock, Texas 79415. The facility is on the Texas Tech Campus off 411h and Flint.
�.. 1.2.1.3 The abatement work consists of abatement and removal of approximately 10,400 square feet of ACM
{ ceilings. The work areas and materials to remove are:
East and West Entrances. Abatement of the acoustical ceilings and metal lath work at ticket booths
and foyer.
East and West Concession Areas. Scrape acoustical from plaster ceiling leaving plaster and lath
�,. work intact
All quantities are approximate and must be field verified by the contractor.
1.2.2 The work must be done in full containment using HEPA filtration, 3-stage decon and bag -out The
` workers shall wear PAPR's for all removal.
1.2.21 All work must be done following all Federal, State and Local Regulations. Where a conflict exists
between these specifications and/or regulations, the more stringent shall apply. The contractor and all
workers are to be licensed by the State of Texas.
1.2.3.The abatement contractor is responsible for all sampling as required by OSHA, and shall be made
r., available to the project manager daily. The abatement contractor must give the project manager a letter
stating exactly how this OSHA sampling is to be accomplished.
1.2.3.1 Pre -abatement air sampling of the designated work area and the adjoining area is to be
accomplished by the project manager or air technician.
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1.2.3.2 No per -abatement work is to start until the project manager or consultant has approved all TDH
licenses and submittals required in these specifications.
1.2.3.3 Pre -Abatement
1.2.3.3.1 Representative for the City of Lubbock must be notified as to the work schedule and warning
signs as required in 3.1.1.1 of these specifications are to be posted.
1.2.3.3.2 Contractor is responsible for the securing of the work area as specified in 1.8. Barricades must be
installed around the work area and as directed by the Owner.
1.2.3.3.3 Pre -clean the work area using HEPA vacuum and/or wet wipes.
1.2.3.3.4 Remove all furniture, fixtures and equipment from the work area and store as directed by the
Owner.
1.2.3.3.5 Install critical barriers and seal all electrical outlets, vents, lights, other openings and objects which
cannot be disconnected or removed from the work area.
1.2.3.3.6 Set up containment as required in 3.1.1.
1.2.3.3.7 Set up worker decontamination enclosure system as required in 3.1.2.
1.2.3.3.8 Establish and mark emergency exits as required in 3.1.3.5.
1.2.3.3.9 Install pressure differential ventilation equipment to provide an air change in the work area every
15 minutes. This ventilation system is to remain in operation until final air clearance is received.
1.2.3.3.10 A strip recorder will be used to measure the negative air pressure within containment and a
complete copy of this is to be provided to the Consultant each day. A negative pressure of 0.02 inches H2O
or greater is to be maintained at all times.
1.2.3.4 Abatement Activities
1.2.3.4.1 All HVAC and any other ventilation must be shut down and disconnected, locked -out and tagged -
out.
1.2.3.4.2 Removal of asbestos containing material must be pre -wet with amended water and removed
section at a time.
1.2.3.4.3 Contaminated material is to be bagged in small sections as it is removed. No build up of debris is
to occur on the floor. Bags must be washed and placed in a second bag when bagging out.
1.2.3.4.4 Work time shall be as specified in the attached schedule, unless prior arrangements are made with
the Owner and the Consultant. The contractor shall work a minimum of a eight hour work shifts. A shift must
not exceed 8 hours unless previous arrangement has been made and approved by the project manager.
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+r 1.2.3.4.5 Contractor is to furnish the Project Manager with a work schedule showing the start time and stop
time each day and projected completion date.
1.2.3.4.6 The Contractor will be back -charged by the Owner for the Project Manager's time and expenses
plus 10% when the Contractor fails to work within these scheduled work hours due to late arrivals or no-
shows.
1.2.3.4.7 The Contractor will be back -charged by the Owner for the Project Manager's time and expenses
plus 10% for failure to have on -site his competent person, as required by OSHA and TAHPR, or failure to
have adequate personnel or equipment.
1.2.3.4.8 Charges for the Project Manager will be charged back to the Contractor by the Owner should the
project not be completed on the date specified in the contract.
1.2.3.4.9 Final inspection according to specifications.
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1.2.3.4.10 Final air samples will be taken by the Project Manager. Samples shall be analyzed by PCM.
Should this set fail the contractor is to re -clean and a second set of samples taken. Expenses incurred for
r the collection of this set will be paid for by the contractor.
1.2.3.4.11 Disposal and transportation as per 3.10 of specification.
1.2.3.4.12 Complete documentation as per EPA requirements.
NOTE: It is not the intent of the Owner to penalize the Contractor for unavoidable acts of God, but to
confirm the intentions of the Owner's contract with the Contractor. It is the intent to insure the Contractor will
maintain an adequate work force, equipment and materials to complete this project in a timely and adequate
manner as called for by the Contract and these specifications.
1.2.3.4.13 The required minimum work force for this project is to be a sufficient number of certified asbestos
r- workers to complete this project as scheduled, the number of workers must be approved by the project
manager. The contractor may not remove workers from the project or lessen his work force. The supervisor
must be present at all times workers are on -site, and must go into the containment at least 25% of the time.
f- All workers on this project must have a current state asbestos license as well as current certification and
physical. No pending application for workers or supervisors will be acceptable. All workers must have
current certification as required by AHERA, and a current state license.
1.3 Description of Work
.- 1.3.1 The work specified herein shall be the removal and disposal of asbestos -containing materials by
competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and
disposal of asbestos containing and asbestos contaminated materials and the subsequent cleaning of
r• contaminated areas, who comply with all applicable Federal, State, and Local regulations and are capable of
and willing to perform the work of this Contract.
1.3.2 The Contractor shall supply all labor, materials, services, insurance, permits and equipment necessary
to carry out the work in accordance with all applicable Federal, State and Local regulations, and these
8
specifications. The Contractor shall NOT be responsible for the TDH notification fee. This fee shall be the
responsibility of the Building Owner.
1.3.3 The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims
for infringement of any patent rights and shall save the Owner harmless from loss on account hereof, except
that the Owner shall be responsible for all such loss when a particular design process on the product of a
particular manufacture or manufacturer is specified, but if the Contractor has reason to believe the design,
process or product specified is an infringement of a patent the Contractor shall be responsible for such loss
unless he promptly gives such information to the Owner.
1.3.4 The Contractor is responsible for the grounds surrounding the buildings as well as the building itself
during the removal time.
1.3.4.1 If the Owner permits the Contractor to use any of the Owner's equipment, tools or facilities, such
use will be gratuitous and the Contractor shall release the Owner from any responsibility arising from claims
for personal injuries, including death, arising out of the use of such equipment, tools, or facilities irrespective
of the condition thereof or any negligence on the part of the Owner in permitting their use.
1.4 Applicable Standards and Guidelines
1.4.1 General Requirements
1.4.1.1 All work under this contract shall be done in strict accordance with all applicable Federal, State and
Local regulations, standards and codes governing asbestos abatement and other trade work done in
conjunction with the abatement.
1.4.1.2 The most current edition of any relevant regulation, standard, document or code shall be in effect
Where conflict among the requirements or with these specifications exists the most stringent requirements
shall be utilized.
1.4.1.3 Copies of all standards, regulations, codes.
M.S.D. Sheets and other applicable documents, including this specification and those listed in Section 1.6.2
shall be available at the work site in the clean change area of the worker decontamination system.
1.4.2 Specific Requirements.
1.4.2.1 Occupational Safety and Health Administration (OSHA)
1.4.2.1.1 Title 29 Code of Federal Regulations, Section 1910,1001-General Industry Standard for Asbestos.
1.4.2.1.21926.1101, titled, 'Occupational Exposure to Asbestos, Tremolite, Anthophyllite, Actinolite',
October 11,1994.
1.4.2.1.3 Title 29 Code of Federal Regulation, Section 1910,134 General Industry Standard for Respiratory
Protection.
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1.4.2.1.4 Title 29 Code of Federal Regulations, Section 1926 Construction Industry.
1.4.2.1.5 Title 29 Code of Federal Regulations, Section 1910.2 Access to Employee Exposure and Medical
Records.
1.4.2.1.6 Title 29 Code of Federal Regulations, Section 1910.1200 Hazard Communication.
1.4.2.2 Environmental Protection Agency (EPA)
1.4.2.2.1 Title 40 Code of Federal Regulations, Part 61, Subparts A and M (Revised Subpart B)-National
Emission Standard for Asbestos.
1.4.2.2.2 Title 40 CFR Part 61, Subpart G, 763.120-763.126 and Appendices A, C. D, and E titled Asbestos
Abatement Projects: Worker Protection Rules' February 25,1987.
1.4.2.2.3 Title 40 CFR Part 763 Subpart E, 763.80-763.99, and Appendices A and B titled, Asbestos
Containing Materials in Schools' (AHERA rules), July 1,1992.
1.4.2.2.4 Title 40 CFR Part 763 Subpart E, Appendix C, titled, "Model Accreditation Plan' February 3,1994.
1.4.2.2.5 Title 40 CFR Part 763 Subpart E, Appendix B, titled, Work Practices and Engineering Controls for
f Small Scale, Short Duration Operations Maintenance and Repair (0&M) Activities Involving ACM", July
1,1992.
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1.4.2.2.6 Title 40 CFR Part 763, Subpart E, Appendix D, titled, 'Transport and Disposal of Asbestos Waste'
July 1,1993.
1.4.2.2.7 Title 40 CFR Part 763, Subpart F, Appendix A, Section 1, Titled,' Polarized Light Microscopy', July
1,1992.
1.4.2.2.8 Title 40 CFR Part 763, Subpart E, Appendix A, titled, 'Transmission Electron Microscopy Analytic
Methods', July 1 1992.
1.4.2.2.9 Title 49 CFR Chapter 1, Part 172, Appendix A, Subchapter C, October 1,1992, and Title 49 CFR
Chapter 1, Part 172, Appendix A, Subpart'H, October 1,1992.
(The above regulations are required to be on the job site as required by the TDH (295.33).
1.5 Submittals and Notices
1.5.1 Contractor shall:
1.5.1.1 Prior to Commencement of Work:
1.5.1.1.1 All projects regardless of size must have a notification sent to the Texas Department of Health (10)
ten working days prior to the start of the project It is the responsibility of the abatement contractor to send
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this notification. The building owner is responsible for the permit fee that is required by the Texas -'
Department of Health unless there is a prior agreement with the owner. Provide Building Owner and
Consultant with a copy of the notification.
1.5.1.1.2 Submit proof satisfactory to the Building Owner that required permits, license, site location and
arrangements for transport and disposal of asbestos -containing waste materials have been made. Obtain
and submit a copy of handling procedures and list of protective equipment utilized for asbestos disposal at
the landfill, signed by the Landfill Owner (Required for all abatement projects).
1.5.1.1.3 Submit documentation satisfactory to the Building Owner that the Contractor's employees,
including foreman, supervisors and any other company personnel or agents who may be exposed to
airborne asbestos fibers or who may be responsible for any aspects of abatement activities, have received
adequate training that includes, at a minimum, information in Part 4, Section 4.1 of this document.
1.5.1.1.4 Submit documentation from a physician that all employees or agents who may be exposed to
airborne asbestos in excess of background level have been provided with an opportunity to be medically
monitored to determined whether they are physically capable of working while wearing the respirator
required without suffering adverse health effects. In addition, document that personnel have received
medical monitoring as required in OSHA 29 CFR 1910.1001, The Contractor must be aware of and provide
information to the examining physician about unusual conditions in the work place environment (e.g. high
temperatures, humidity, chemical contaminant) that may impact on the employee's ability to perform work
activities.
1.5.1.1.5 Contractor should, after inspection of job site, submit in writing to the Owner any existing damage
found.
1.5.1.1.6 Submit manufacturer's certification that the HEPA vacuum, negative pressure ventilation units and
other local exhaust ventilation equipment conform to ANSI 29,2-79. ,
1.5.1.1.7 Document NIOSH approvals for all respiratory protective devices utilized on the site. Include
manufacturer certification of HEPA filtration capabilities for all cartridges and filters.
1.5.1.1.8 Submit documentation of respirator fit -testing for all Contractor employees and agents who must
enter the work area. This fit -testing shall be in accordance with qualitative procedures as detailed in the
OSHA Standard 29 CFR 1910.1025 Appendix D Qualitative Fit Text Protocol or be quantitative in nature.
1.5.1.1.9 Submit copy's of all M.S.D. sheets for all products that are to be used on the project. Copies of
these sheets must be kept in a notebook at the job site.
1.5.1.2 During Abatement Activities:
1.5.1.2.1 Submit copies of all transport manifests, trip tickets and disposal receipts for all asbestos waste
materials removed from the work area during the abatement process.
1.5.1.2.2 Submit daily copies of worksite entry logbooks with information on worker and visitor access.
1.5.1.2.3 Submit logs documenting filter changes on respirators, HEPA vacuums, negative pressure
ventilation units, and other engineering controls.
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1.5.1.2.4 Submit results of materials testing conducted during abatement activities (e.g. testing of
encapsulant for depth of penetration, testing of substitute materials for adherence to encapsulated surfaces).
1.5.1.2.5 Post in the clean room area of the worker decontamination enclosure a list containing the names,
addresses, and telephone numbers of the Contractor, the Building Owner, the Asbestos Project Officer, The
General Superintendent, the Air Sampling Professionals, the Testing laboratory and any other personnel
who may be required to assist during abatement activities (e.g. Safety Officer, Building Maintenance
Supervisor, Energy Conservation Officer).
1.5.2 Owner Shall:
1.5.2.1 Prior to Commencement of Work:
1.5.2.1.1 Notify occupants of work areas that maybe disrupted by the abatement of project dates and
r' requirements for relocation. Arrangements must be made prior to start, for relocation of desks, files,
equipment and personal possessions to avoid unauthorized access into the work area.
1.5.2.1.2 Document that Owner's employees who will be required to enter the work area during abatement
have received training equal to that detailed in Part 4, Section 4.1. (This training may be provided by the
Contractor's or the Owner's training consultant at the Owner's discretion).
1.5.2.2 During Abatement
1.5.2.2.1 Submit to the Contractor, results of bulk material analysis and air sampling data collected during
the course of the abatement.
1.5.2.2.2 The Contractor will be responsible for personal air monitoring as required by OSHA for his
employees.
" 1.5.2.2.3 The Owner will be responsible for furnishing an Asbestos Consultant. The Consultant may assign
some on -site duties to a Project Manager/Air Monitoring Professional. This Project Manager will be in
charge of all air monitoring as required by the Owner. The Project Manager will have the authority to stop
rr - work at any time he feels it necessary, because of failure of the Contractor to follow these specifications or
regulations and for failure to provide safe working conditions.
1.6 Site Security
1.6.1 The work area is to be restricted to authorized, trained, and protected personnel only. These may
include the Contractor's employees, employees of Subcontractors, Owner employees and representatives,
State and Local inspectors and any other designated individuals. A list of authorized personnel shall be
established prior to job start and posted in the clean -room of the worker decontamination facility.
1.6.1.1 Entry into the work area by unauthorized individuals shall be reported immediately to the Building
Owner and the project manager by the Contractor.
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1.6.1.2 In addition to the above log book each worker or each licensee on the project must keep a daily
record of his or her activities (TDH Regulations 295.58 (d)).
1.6.1.3 A Log book shall be maintained in the clean -room area of the worker decontamination system.
Anyone who enters the work area must record name, affiliation, time in and time out for each entry.
1.6.1.4 Access to the work area shall be through a single worker decontamination system located at
(designated location at the worksite). All other means of access (Doors, windows, hallways, etc.) shall be
blocked or locked so as to prevent entry to or exit from the work area. The only exceptions for this rule are
the waste pass -out airlock which shall be sealed except during the removal of containerized asbestos waste
from the work area,
and emergency exits in the case of fire or accident. Emergency exits shall NOT be locked from the inside,
however, they shall be sealed with polyethylene sheeting and tape until needed. Emergency exits shall have
a sign.
1.6.1.5 Contractor should have control of site security during abatement operations whenever possible, in
order to protect work efforts and equipment.
1.6.1.6 Contractor will have Owner's assistance in notifying building occupants of impending activity and
enforcement of restricted access by Owner's employees.
1.7 Emergency Planning
1.7.1 Emergency planning shall be developed prior to abatement initiation and agreed to by Contractor and
Owner.
1.7.1.1 Emergency procedures shall be in written form and prominently posted in the clean change area
and equipment room of the worker decontamination area. Everyone, prior to entering the work area, must
read and sign these procedures to acknowledge receipt and understanding of work site layout, location of
emergency exits and emergency procedures.
1.7.1.2 Emergency planning shall include written notification for police, fire and emergency medical
personnel of planned abatement activities, work schedule and layout of work area, particularly that which
may affect response capabilities.
1.7.1.3 Emergency planning shall include considerations of fire, explosion, toxic atmospheres, electrical
hazards, slips, trips and falls, scaffolding, eye protection, confined spaces and heat related injury. Written
procedures shall be developed and employee training in procedures shall be provided. Daily safety
meetings shall be conducted by the Contractor.
1.7.1.4 Employees shall be trained in evacuation procedures in the event of workplace emergencies.
1.7.1.5 For non life -threatening situations, employees injured or otherwise incapacitated shall
decontaminate following normal procedures with assistance from fellow workers if necessary, before exiting
the work place to obtain proper medical treatment
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1.7.1.6 For life -threatening injury or illness, worker decontamination shall take least priority after measures
to stabilize the injured worker, remove him from the work place and secure proper medical treatment
1.7.1.7 Telephone numbers of all emergency response personnel shall be prominently posted in the clean
change area and equipment room, along with the location of the nearest telephone.
1.7.1.8 There must be a telephone available for emergency use at all times. If the owner does not have one
on site the contractor must provide one at his expense.
1.8 Pre -Start Meeting
1.8.1 The successful Bidder shall attend a pre -start job meeting. Attending this meeting will be
0' representatives of the Owner and the Owner's agents along with testing/monitoring personnel (e.g. Asbestos
Project Manager, Air sampling Professional) who will actually participate in the Owner's testing/monitoring
program.
1.8.1.1 The Contractor and supervisory personnel who will provide on -site direction of the abatement
activities must attend.
1.8.1.2 At this meeting the Contractor shall provide all submittals as required in Section 1.6. Failure to do
this will result in the Contract being awarded to the next qualified Bidder. In addition he shall be prepared to
provide detailed information concerning:
1.8.1.3 Preparation of work area.
1.8.1.4 Personnel protective equipment including respiratory protection and protective clothing.
1.8.1.5 Employees who will participate in the project, including delineation of experience, training, and
assigned responsibilities during the project
1.8.1.6 Decontamination procedures for personnel, work area and equipment.
1.8.1.7 Abatement methods and procedures to be utilized.
1.8.1.8 OSHA Required air monitoring procedures.
1.8.1.9 Procedures for handling and disposing of waste materials.
1.8.1.10 Procedures for final decontamination and cleanup.
1.8.1.11 A sequence of work and performance schedule.
1.8.1.12 Procedures for dealing with heat stress.
1.8.1.13 Emergency procedures
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1.8.1.14 Items that MUST be presented at the pre -start meeting are; Performance and Payment Bond, if
required, Insurance Certifications as required in 1.1, asbestos workers certifications, physicals and required
State license for those workers to work on this project only, logs documenting filter changes in respirators,
HEPA vacuum and negative pressure ventilation units as required in 1.7, and work schedule. Failure to
have this material ready at the pre -start meeting could result in the project being awarded to the next bidder.
1.8.1.15 The contractor shall submit the name of the project supervisor, (THIS SUPERVISOR CANNOT BE
REPLACED WITHOUT PRIOR NOTIFICATION AND APPROVAL OF THE PROJECT MANAGER). The
project supervisor is to be present at all times and spend 25% of his time in containment. He is to see that
there is someone to maintain the containment at all times.
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PART 2 MATERIAL AND EQUIPMENT
2.1 Materials
2.1.1 General (all abatement projects).
2.1.1.1 Deliver all materials in the original packages, containers or bundles bearing the name of the
manufacturer and the brand name.
2.1.1.2 Store all materials subject to damage off the ground away from wet or damp surfaces and under
cover sufficient enough to prevent damage or contamination. Replacement materials shall be stored outside
of the work area until abatement is completed.
2.1.1.3 Damaged, deteriorating or previously used materials shall not be used and shall be removed from
the worksite and disposed of properly.
2.1.1.4 Polyethylene sheeting for walls and stationary objects shall be a minimum of 4-mil thick. For floors
r' and all other uses sheeting of at least 6-mil thickness shall be used in widths selected to minimize
the frequency of joints.
2.1.1.5 Method of attaching polyethylene sheeting shall be agreed upon in advance by the Contractor and
Building Owner and selected to minimize damage to equipment and surfaces. Method of attachment may
include any combination of duct tape or other waterproof tape, furring strips, spray glue, staples, nails,
screws or other effective procedures capable of sealing polyethylene to dissimilar finished or unfinished
surfaces under both wet and dry conditions (including the use of amended water).
2.1.1.6 Polyethylene sheeting utilized for worker decontamination enclosure shall be opaque white or black
in color.
2.1.1.7 Sufficient protection should be placed under scaffold legs ladders or other equipment to prevent
damage to any building components, equipment or furnishings.
i? " 2.1.1.6 Disposal bags shall be of 6-mil polyethylene, pre- printed with labels as required by EPA regulation
IL . 40 CFR 61.152 (b) (i) (iv) or OSHA requirement 29 CFR 1910.1001 (g) (2) (ii).
2.1.1.9 Disposal drums shall be metal or fiberboard with locking ring tops.
2.1.1.10 Stick -on labels as per EPA or OSHA requirements (see 2.1.1.8) for disposal drums, bags or
wrapped ACM.
2.1.1.11 Warning signs and generator Identification labels as required by TAHPR and OSHA.
2.1.2 Removal
2.1.2.1 Surfactant (wetting agent) shall be a 50150 mixture of polyoxyetl*ene ether and polyoxyethylene
ester, or equivalent, mixed in a proportion of 1 fluid ounce to 5 gallons of water or as specified by
manufacturer. ( An equivalent surfactant shall be understood to mean a material with a surface tension of 29
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dynes/cm as tested in its properly mixed concentration using ASTM method D1331-56-'Surface and
Interfacial Tension of Solutions of Surface Active Agents").
2.1.2.2 After removal a lock down spray must be used to contain any fiber remaining imbedded in the
substrate. Care must be taken to cover the entire work area completely.
2.1.2.3 Additional materials as necessary for removal, as specified in 2.1.2.
2.2 Equipment
2.2.1 General
2.2.1.1 A sufficient quantity of negative pressure ventilation units equipped with HEPA filtration and operated
in accordance with ANSI 29.2.79 (local exhaust ventilation requirements) and EPA guidance document EPA
560/5-83-002 Guidance for controlling Friable Asbestos -Containing Materials in Building Appendix F:
Recommended Specifications and Operating Procedures for the Use of Negative Pressure Systems for
Asbestos Abatement shall be utilized so as to provide a minimum of one work place AIR CHANGE EVERY
15 MINUTES. A pressure differential of 0.02 in. H2O as measured with a recording manometer.
To calculate total air flow requirement:
Total V Imin=Vol. of work area (n ft.�
To calculate the number of units needed for the abatement Number of units needed= (total cu. ft./min.)
(capacity of unit (use 80% of rated capacity)in cu. ft./min.).
If air -supplied respirators are utilized, estimate the volume of supplied air and add to work place air
volume when calculating ventilation requirements. For small enclosures and glove bags, a HEPA filtered
vacuum system may be utilized to provide negative air pressure.
2.2.1.2 Type'C" air supplied respirators in positive pressure or pressure demand mode with full face piece
and HEPA filtered disconnect protection are recommended by the U.S. EPA for all full shift abatement work
until the successful completion of final clearance air monitoring. Powered air purifying respirators equipped
with HEPA filters and full face pieces of respirators with a higher NIOSH assigned protection factor may be
used for inspection or repair work for less that 1 hour duration per day. A sufficient supply of charged
replacement batteries and filters and a flow test meter shall be available in the clean change area for use
with powered air purifying respirators. Half Mask respirators with dual high -efficiency (HEPA) filters may be
utilized during work area preparation activities if approved by the Consultant. (See Section 3.4.1.2.)
Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear full
face piece respirators. Respirators shall be provided that have been tested and approved by the National
Institute of Occupational Safety and Health for use in asbestos contaminated atmospheres with air volumes
and pressures to accommodate respirator manufacturer's specifications. The compressed air systems shall _
have a receiver of adequate capacity to allow escape of all respirator wearers from contaminated areas in
the event of compressor failure. Manufacturer approved emergency egress filters must be in place on each
face piece. Compressors must meet the requirements of 29 CFR 1910.134 (d). Compressors must have an
in -line carbon monoxide monitor and audible alarm and periodic inspection of the carbon monoxide monitor
must be evidenced. Documentation of adequacy of compressed air systems/respiratory protection system
must be retained on site. This documentation will include a list of compatible components with the maximum
number and type of respirators that may be used with the system. Periodic testing of compressed air shall
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insure that systems provide air of sufficient quality (Grade D breathing air as described in Compressed Gas
Association Commodity Specifications G-7.1).
2.2.1.3 Full body disposable protective clothing, including head, body and foot covering (unless using
footwear as described in 2.2.1.5) consisting of material impenetrable by asbestos fibers (Tyvek R or
equivalent) shall be provided to all workers and authorized visitors in sizes adequate to accommodate
movement without tearing.
2.2.1.4 Additional safety equipment (e.g. hard hats, meeting the requirements of ANSI Standard Z89.1-
"^ 1981, eye protection, meeting the requirements of ANSI Standard Z87.2-1979, safety shoes, meeting the
requirement of ANSI Standard Z41.1-1067, disposable PVC gloves), as necessary shall be provided to all
workers and authorized visitors.
2.2.1.5 Non -Skid footwear shall be provided to all abatement workers. Disposable clothing shall be
adequately sealed to the footwear to prevent body contamination.
2.2.1.6 A sufficient supply of disposable mops, rags and sponges for work area decontamination shall be
available.
2.2.2 Removal
2.2.2.1 A sufficient supply of scaffolds, ladders, lifts, and hand tools (e.g, scraper, wire cutters, brushes,
utility knives, wire saws, etc.) shall be provided as needed.
2.2.2.2 Sprayers with pumps capable of providing 500 pounds per square inch (psi) at the nozzle tip at a
flow rate of 2 gallons per minute for spraying amended water.
2.2.2.3 Rubber dustpans and rubber squeegees shall be provided for cleanup.
2.2.2.4 Brushes utilized for removing loose asbestos -containing material shall have nylon or fiber bristles,
P
not metal.
2.2.2.5 A sufficient supply of HEPA filtered vacuum systems shall be available during cleanup.
i 2.2.3 Enclosure
2.2.3.1 Hand tools equipped with HEPA filtered local exhaust ventilation shall be utilized during the
installation of enclosures and supports if there is any need to disturb asbestos -containing materials during
this process.
2.3 Substitutions
2.3.1 Approval Required:
2.3.1.1 The Contract is based on the materials, equipment and methods described in the Contract
Documents.
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2.3.1.2 The Building Owner will consider proposals for substitutions of materials, equipment and methods
only when such proposals are accompanied by full and complete technical data and all other information
required by the Owner to evaluate the proposed substitution.
2.3.1.3 Do not substitute materials, equipment or methods unless such substitution has been specifically
approved for this work by the Building Owner and Consultant
2.3.2 "Or equal":
2.3.2.1 Where the phrase' or equal" or "or equal as approved by the Owner' occurs in the Contract
Document, do not assume that materials, equipment or methods will be approved by the Owner unless the
item has been specifically approved for the work by the Owner and Consultant
2.3.2.2 The decision of the Owner or his representative shall be final.
PART 3 EXECUTION
3.1 Preparation
3.1.1 Work Area
3.1.1.1 Post signs meeting the specifications of TAHPR and OSHA in English and Spanish at any location
and approaches to a location where airborne concentrations of asbestos may exceed ambient background
levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an
employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs
may need to be posted following construction of work place enclosure barriers.
3.1.1.2 Insure safe installation (including ground faulting) of temporary power sources and equipment by
compliance with all applicable electrical code requirements and OSHA requirements for temporary electrical
systems. Contractor shall connect to existing Owner system using only licensed tradesmen and in
accordance with all State and local regulations and building codes. All cost for electricity shall be paid for by
the Owner unless otherwise specified. If Owners electrical source is inadequate, the Contractor shall
provide alternate electrical power at the Contractor's expense.
3.1.1.3 Shut down and lock out and tag -out all heating, ventilation and air conditioning system (HVAC)
components that are in, supply or pass through the work area. (Note: Interiors of existing duct work may
require decontamination. This may be done during the pre -cleaning phase of operations before the duct
work is sealed off or during the final cleaning phase prior to re -engagement of the system. Appropriate
equipment and control measures shall be utilized to prevent contamination of building spaces during this
operation. Adequate cleaning of ductwork may sometimes be accomplished by drawing high volumes of air
through the system using the HEPA filtered negative pressure ventilation units) Investigate the work area
and agree on pre -abatement condition with the Building Owner. Seal all intake and exhaust vents in the
work area with tape and 6 mil polyethylene. Also seal any seams in system components that pass through
the work area. Remove all HVAC filters and place in labeled 6-mil polyethylene bags for staging and
eventual disposal as asbestos -contaminated waste.
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3.1.1.4 The Contractor shall provide sanitary facilities for abatement personnel outside of the enclosed work
area and maintain them in a clean and sanitary condition throughout the project If facilities are not available
for use from the Owner, the Contractor shall provide temporary facilities at the Contractors expense.
3.1.1.5 The Owner will provide water for construction purposes. Contractor shall connect to existing Owner
system using only licensed tradesmen and in accordance with all State and local regulations and building
codes.
3.1.1.6 Pre -clean all movable objects within the work area using a HEPA filtered vacuum and/or wet
cleaning methods as appropriate. After cleaning, these objects shall be removed from the work area and
carefully stored in an uncontaminated location. (Carpeting, drapes, clothing, upholstered furniture and other
fabric items may be disposed of as asbestos contaminated waste or cleaned as asbestos contaminated
items utilizing HEPA vacuum techniques and off- premises steam cleaning. Since adequate cleaning of
severely contaminated fabric is difficult, the Building Owner or Consultant must carefully consider whether
this option is appropriate.
3.1.1.7 Pre -clean all fixed objects in the work area using HEPA filtered vacuum and/or wet cleaning
techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where
access may be difficult After pre -cleaning, enclose fixed objects in 4-mil polyethylene sheeting and seal
securely in place with tape.
3.1.1.8 Pre -clean all surfaces in the work area using HEPA filtered vacuums and/or wet cleaning methods
as appropriate. Do not use any methods that would raise dust such as dry sweeping or vacuuming with
equipment not equipped with HEPA filters. Do not disturb asbestos -containing materials during the pre -
cleaning phase.
3.1.1.9 Seal off all windows, doorways, elevator opening, corridor entrances, drains, ducts, grills, grates,
�- diffusers skylights and any other openings between the work area and uncontaminated areas outside of the
{ work area (including the outside of the building, tunnels and crawl spaces) with 4-mil polyethylene sheeting
and tape (see Section 3.1.4-Isolation work area from occupied areas).
3.1.1.10 Cover floors in the work area with polyethylene
3.1.1.10.1 Floor shall be covered with two layers of 6-mil (minimum) sheeting. Additional layers of sheeting
may be utilized as drop cloths to aid in cleanup of bulk materials.
r• 3.1.1.10.2 Plastic shall be sized to minimize seams. If the floor area necessitates seams, those on
+, successive layers of sheeting shall be staggered to reduce the potential for water to penetrate to the flooring
material. Do NOT locate any seams at wall/floor joints.
0
3.1.1.1.0.3 Floor sheeting shall extend at least 12' up the side walls of the work area.
3.1.1.10.4 Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of
material. (Vinyl sheeting may be used for improved traction on floors).
3.1.1.11 Walls shall be covered with a minimum of two layers of 4 mil polyethylene sheeting.
0
3.1.1.11.1 Plastic shall be sized to minimize seams. Seams shall be staggered and separated by a distance
of at least 6 feet
3.1.1.11.2 Wall sheeting shall overlap floor sheeting by at least 12 inches beyond the wall/floor joint to
provide a better seal against water damage and for negative pressure.
3.1.1.11.3 Wall sheeting shall be secured adequately to prevent it from falling away from the walls. This will
require additional support attachment when negative pressure ventilation systems are utilized.
3.1.1.11.4 Lower utilities as necessary and re -install in a manner which permits proper utilization and does
not disturb the integrity of the enclosure. Utility maintenance should not require the enclosure to be opened
or disturbed. (If it does, an alternative abatement strategy is indicated.)
3.1.2 Worker Decontamination Enclosure Systems
3.1.2.1 Worker decontamination enclosure systems shall be provided at all locations where workers will
enter or exit the work area. One system at a single location for each contained work area is preferred.
These systems may consist of existing rooms outside of the work area, if the layout is appropriate, that can
be enclosed in plastic sheeting and are accessible from the work area. When this situation does not exist,
enclosure systems may be constructed out of metal, wood or plastic support as appropriate.
3.1.2.2 Plans for construction, including materials and layout, shall be submitted as shop drawings and —
approved, in writing by the Building Owner prior to work initiation. Worker decontamination enclosure
systems constructed at the work site shall utilize 6 mil opaque black or white polyethylene sheeting or other
acceptable materials for privacy.
3.1.2.3 The worker decontamination enclosure system shall consist of at least a clean room, a shower
room, and an equipment room, each separated from each other and from the work area by airlock.
3.1.2.4 Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through
curtained doorways consisting of two sheets of overlapping polyethylene sheeting. One sheet shall be
secured at the top and left side, the other sheet at the top and right side. Both sheets shall have weights
attached to the bottom to insure that they hang straight and maintain a seal over the doorway when not in
use. Doorway design, providing equivalent protection and acceptable to the Building Owner may be
utilized.
3.1.2.5 Access between any two rooms in the decontamination enclosure system shall be through an airlock
with at least 3 feet separating each curtained doorway. Pathways into (from clean to contaminated_) and out
from (contaminated to clean) the work area shall be clearly designated.
3.1.2.6 Clean -room shall be sized to adequately accommodate the work crew. Benches shall be provided
as well as hooks for hanging up street clothes. (Lockers may be provided for valuables, however, workers
may be requested to secure valuables in their cars) Shelves for storing respirators shall also be provided in
this area. Clean disposable clothing, replacement filters for respirators, towels and other necessary items
shall be provided in adequate supply at the clean room. A location for posting shall also be provided in this
area. Whenever possible, a lockable door shall be used to permit access into the clean room from outside
the work area. Lighting, heat and electricity, shall be provided as necessary for comfort. This space shall not
be used for storage of tools, equipment or materials, (except as specifically designated) or as office space.
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3.1.2.7 Shower room shall contain one or more showers as necessary to adequately accommodate
workers. Each shower head shall be supplied with hot and cold water adjustable at the tap. The shower
enclosure shall be constructed to ensure against leakage of any kind. An adequate supply of soap,
a
shampoo and towels shall be supplied by the Contractor and available at all times. Shower water shall be
drained, collected and filtered through a system with at least 5 micron particle size collection capability.
(Note: A system containing a series of several filters with progressively smaller pore sizes is recommended
to avoid rapid clogging of filtration system by large particles.
^
3.1.2.8 The equipment room shall be used for storage of equipment and tools at the end of a shift after they
have been decontaminated using a HEPA filtered vacuum and/or wet cleaning techniques as appropriate.
Replacement filters (in sealed containers until used) for HEPA vacuums and negative pressure ventilation
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equipment, extra tools, containers of surfactant and other materials and equipment that may be required
during the abatement may also be stored here as needed. A drum lined with a labeled 6 mil polyethylene
bag for collection of disposable clothing shall be located in this room. Contaminated footwear (e.g. rubber
±~"
boots, other reuseable footwear) shall be stored In this area for reuse the following workday.
3.1.3 Waste container pass -out airlock (usually required only on large jobs) and emergency exits.
3.1.3.1 The waste container pass -out airlock shall be constructed at some location away from the worker
decontamination enclosure system. Wherever possible, this shall be located where there is direct access
from the work area to the outside of the building.
3.1.3.2 This airlock system shall consist of an airlock, a container staging area and another airlock with
access to outside the work area.
3.1.3.3 The waste container pass -out airlock shall be constructed in similar fashion to the worker
decontamination enclosure system using materials and airlock and curtain doorway design.
3.1.3.4 This airlock system SHALL NOT be used to enter or exit the work site.
r' 3.1.3.5 Emergency exits shall be established and clearly marked with duct tape arrows or other effective
designations to permit easy location from anywhere within the work area. They shall be secured to prevent
access from uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed
with polyethylene sheeting which can be cut to permit egress if needed. These exits may be the worker
decontamination enclosure, the waste pass -out airlock andfor other alternative exits satisfactory to fire
officials.
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3.1.4 Barriers and Isolation of the Work Area
3.1.4.1 The contaminated work area shall be separated from, uncontaminated occupied areas of the
building by the construction of air tight barriers. (Building Owner must clearly identify all areas that will be
occupied.)
3.1.4.2 Walls shall be constructed of wood or metal framing to support barriers in all openings larger than
4'x8'.
3.1.4.3 A sheeting material (plywood, drywall) of at least 318" thickness shall be applied to work side of
barrier.
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3.1.4.4 Cover both sides of partition with a double layer of 6 mil polyethylene sheeting with staggered joints
and seal in place:
3.1.4.5 Caulk edges of partition at floor, ceiling, walls and fixtures to form an air tight seal.
3.1.5 Maintenance of work place barriers and worker decontamination enclosure systems.
3.1.5.1 Following completion of the construction of all polyethylene barriers and decontamination system
enclosures, allow overnight settling to insure that barriers will remain intact and secured to walls and fixtures
before beginning actual abatement activities.
3.1.5.2 All polyethylene barriers inside the work place, in the worker decontamination enclosure system, in
the waste container pass -out airlock and at partitions constructed to isolate the work area from occupied
area shall be inspected at least twice daily, prior to the start of each day's abatement activities and following
the completion of the day's abatement activities. Document inspections and observations in the daily project
log.
3.1.5.3 Damage and defects in the enclosure system are to be repaired immediately upon discovery.
3.1.5.4 Use smoke tubes to test the effectiveness of the barrier system when directed by Building Owner.
3.1.5.5 At any time during the abatement activities after barriers have been erected, if visible material is
observed outside of the work area or if damage occurs to barriers, work shall immediately stop, repairs be
made to barriers, and debristresidue cleaned up using appropriate HEPA vacuuming and wet mopping
procedures.
3.1.5.6 If air samples collected outside of the work area during abatement activities indicate airborne fiber
concentrations 0.01 flcc or greater, or per -measured background levels (which is lower) work shall
immediately stop for inspection and repair of barriers. Cleanup of surfaces outside of the work area using
HEPA vacuum or wet cleaning techniques may be necessary.
3.1.5.7 Install and initiate operation of air filtration equipment as needed to provide one air change in the
work area ever 15 minutes. (See Section 2.2.1.1) Enough exhaust air must be vented through a HEPA filter
to maintain a lower air pressure within the enclosure system than the outside air pressure. Openings made
in the enclosure system to accommodate these units shall be made air tight with tape and/or caulking as
needed. If more than one unit is vented to the outside, they should be turned on 1 at a time, checking the
integrity of wall barriers for secure attachments and need for additional reinforcements. Insure that
adequate power supply is available to satisfy the requirements of the air filtration equipment. Air filtration
equipment shall be exhausted to the outside of the building wherever feasible. They shall not be exhausted
into occupied areas of the building. Twelve inch expansion duct shall be used to reach from the work area
to the outside when required. Careful installation, air monitoring and daily inspections shall be done to
insure that the duct does not release fibers into uncontaminated building areas
3.1.6 Establishing Emergency Exits
3.1.6.1 Emergency exits shall be established and clearly marked with duct tape arrows or other effective
designations to permit easy location from anywhere within the work area. They shall be secured to prevent
23
7
access from uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed
with polyethylene sheeting which can be cut to permit egress if needed. These exits may be the worker
decontamination enclosure, the waste pass -out airlock and/or other alternative exits satisfactory to fire
r' officials.
3.1.7 Removing and Cleaning Fixtures
3.1.7.1 Remove, clean and enclose in polyethylene the ceiling mounted objects such as lights and other
items that may interfere with the abatement process and were not previously cleaned and sealed off. Utilize
localized spraying of amended water and/or HEPA vacuum to reduce fiber dispersal during the removal of
these fixtures.
3.1.8 Removal of building structural components, not used.
3.1.6.1 Al building structural components that can be removed are to be cleaned and moved to a secure
storage area prior to abatement After abatement is complete all components are to be replaced in original
location and condition.
3.1.9 Commencement of work shall not occur until:
3.1.9.1 No abatement work is to start until the Owners Project Manager has given his approval and all of
section 3.1.10 has been completed.
3.1.10 Enclosure systems approval
3.1.10.1 Negative pressure ventilation systems are functioning adequately and negative pressure is a
minimum .02 inch water column on the manometer.
3.1.10.2 All pre -abatement submissions, notification, posting and permits have been provided and are
satisfactory to the Building Owner ( see Section 1.7).
3.1.10.3 All equipment for abatement, clean-up and disposal are on hand.
3.1.10.4 All worker training (and certification) is completed.
3.1.10.5 Contractor receives written permission from Building Owner or his Representative to commence
abatement
3.1.11 Altemative Procedures
3.1.11.1 Procedures described in this specification are to be utilized at all time.
3.1.11.2 If specified procedures cannot be utilized, a request must be made in writing to the Building Owner
providing details of the problem encountered and recommended alternatives.
3.1.11.3 Alternative procedures shall provide equivalent or greater protection than procedures that they
replace.
24
3.1.11.4 Any alternative procedure must be approved in writing by the Building Owner prior to
implementation.
3.2 Work Place Entry and Exit Procedures
3.2.1 Personnel entry and exit.
3.2.1.1 All workers and authorized personnel shall enter the work area through the worker decontamination
enclosure system. ,
3.2.1.2 All personnel who enter the work area must sign the entry log, located in the clean room, upon entry
and exit
3.2.1.3 All personnel before entering the work area, shall read and be familiar with all posted regulations,
personal protection requirements (including work place entry and exit procedures) and emergency.
procedures. A sign -off sheet shall be used to acknowledge that these have been reviewed and understood
by all personnel prior to entry.
3.2.1.4 All personnel shall proceed first to the clean room, remove all street clothes and appropriately don
respiratory protection (as deemed adequate for the job condition). And washable and/or disposable
coveralls, head covering and foot covering. Hard hats, eye protection and gloves shall also be utilized if
required. Clean respirators and protective clothing shall be provided and utilized by each person for EACH
SEPARATE ENTRY into the work area.
3.2.1.5 Personnel wearing designated personal protective equipment shall proceed from the clean room
through the shower room and equipment room to the main work area.
3.2.1.6 Before leaving the work area all personnel shall remove gross contamination from the outside of
respirators and protective clothing by brushing and/or wet wiping procedures. (Small HEPA vacuums with
brush attachments may be utilized for this purpose, however, larger machines may tear the suits) Each
person shall clean bottoms of protective footwear in the walk -off pan just prior to entering the equipment
room.
3.2.1.7 Personnel shall proceed to equipment room where they remove all protective equipment except
respirators. Deposit disposable (and washable) clothing into appropriately labeled containers for disposal
(and laundering).
3.2.1.8 Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work
area. Upon completion of abatement it shall be disposed of as asbestos contaminated waste. (Rubber
boots may be decontaminated at the completion of the abatement for reuse.)
3.2.1.9 Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the
respirators and the face area under running water prior to removal of respirator and shower and shampoo to
remove residual asbestos contamination. Various types of respirators will require slight modification of these
procedures. An airline respirator with HEPA filtered disconnect protection may be disconnected in the
equipment room and wom into the shower. A powered air -purifying respirator face -piece will have to be
disconnected from the filter/power pack assembly which is not waterproof, upon entering the shower. A dual
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A
r" cartridge respirator may be worn into the shower. Cartridges must be replaced for each new entry into the
work area.
3.2.1.10 After showering and drying off, proceed to the clean room and don clean disposable (and/or
r washable) clothing if there will be later re-entry into the work area or street clothes if it is the end of the work
shift
3.2.1.11 These procedures shall be posted in the clean room and equipment room.
3.2.2 Waste container pass -out procedures.
3.2.2.1 Asbestos contaminated waste that has been containerized shall be transported out of the work area
through the waste container pass -out airlock (or through the worker decontamination enclosure if a separate
airlock has not be constructed).
3.2.2.2 Waste pass -out procedures shall utilize two teams of workers, an 'inside' team and an 'outside'
team.
3.2.2.3 The inside team wearing appropriate protective clothing and respirators for inside the work area
shall clean the outside, including bottom, of properly labeled containers (bags, drums, or wrapped
components) using HEPA vacuum and wet wiping techniques and transport them into the waste container
pass -out airlock. No worker from the inside team shall further exit the work area through this airlock.
3.2.2.4 The outside team wearing protective clothing and appropriately assigned respirators, shall enter the
r' airlock FROM OUTSIDE THE WORK AREA, enclose the drums in clean, labeled 6 mil polyethylene bags
and remove them from the airlock to the outside. No worker from the outside team shall further enter the
work area through this airlock.
r3.2.2.5 The exit from this airlock shall be secured to prevent unauthorized entry.
3.3 Training
3.3.1 Prior to commencement of abatement activities all personnel who will be required to enter the work
area or handle containerized asbestos containing materials must have received adequate training required
by the Texas Department of Health. All personnel on the job site that enter the containment must have
Texas licenses in hand (See Part 4, Section 4.1, Training)
3.3.1.1 Special on -site training on equipment and procedures unique to this job site shall be performed as
required.
3.3.1.2 Training in emergency response and evacuation procedures shall be provided.
r 3.4 Respiratory Protection
3.4.1 All respiratory protection shall be provided to workers in accordance with the submitted written
respiratory protection program, which includes all items in OSHA 29 CRF 1910.134 (b) (1-11). This program
shall be posted in the clean room of the worker decontamination enclosure system.
26
3.4.1.1 Workers shall be provided with personally issued, individually identified (marked with waterproof
designations) respirators.
3.4.1.2 Respirators shall be selected that meet the following level of protection requirements: All workers,
foremen, superintendents, authorized visitors and inspectors must have personally issued and marked
equipment approved by NIOSH or MSA. Minimum respiratory protection required for this project is PAPR
respirators with HEPA filters unless fiber concentration requires greater protection. Prep work that may
disturbed the asbestos, and bag out it there is no removal activity may be done in 112 face dual HEPA filter
respirators. These are the only exceptions to PAPR respirators unless personal air sampling and
containment area air samples indicate down grading of respirator protection is appropriate. The contractor
must make any decision to down grade known to the project manager. The project manager can deny this
down grade if, in his opinion, there is just cause to do -so.
3.4.1.3 Fit testing
3.4.1.4 Workers must perform positive and negative air pressure fit tests each time a respirator is put on,
whenever the respirator design so permits. Powered air- purifying respirators shall be tested for adequate
flow as specified by the manufacturer.
3.4.1.5 Workers shall be given a qualitative fit test in accordance with procedures detailed in the OSHA
lead Standard (29 CFR 1910.1025,Appendix D Qualitative Ft Test Protocols) for all respirators to be used
on this abatement project, An appropriately administered quantitative fit test may be substituted for the
qualitative fit test.
3.4.1.6 Documentation of adequate respirator fit must be provided to the Building Owner.
3.4.1.7 No one wearing a beard shall be permitted to don a respirator and enter the work area.
3.4.1.8 Additional respirators (minimum of 2 of each type) and training on their donning and use must be
available at the work site for authorized visitors who may be required to enter the work area.
3.5 Protective Clothing.
3.5.1 Disposable clothing including head, foot and full body protection shall be provided in sufficient
quantities and adequate sizes for all workers and authorized visitors,
3.5.1.1 Hard hats, protective eye wear, gloves, rubber boots and/or other footwear shall be provided as
required for workers and authorized visitors. Safety shoes may be required for some activities.
3.6 Removal Procedures.
3.6.1 Clean and isolate the work area in accordance with Section 3..1
3.6.1.1 Wet all asbestos containing material with an amended water solution using equipment capable of
providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed.
Saturate the material to the substrate, however; do not allow excessive water to accumulate in the work
area. Keep all removed material wet enough to prevent fiber release until it can be containerized for
disposal. If work area temperatures are below 32 F and amended water is subject to freezing, dry removal
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permits and procedures must be utilized (See 2.1.2.1) Maintain a high humidity In the work area by misting
or spraying to assist in fiber settling and reduce airborne concentrations. Wetting procedures are not equally
effective on all types of asbestos containing materials but, shall none -the -less be used in all cases.
3.6.1.2 Special circumstances (e.g. live electrical equipment, high amosite content of material, materials
previously coated with an encapsulant or paint) may prohibit the adequate use of wet methods to educe fiber
concentrations. For these situations, a dry removal may be required. The Contractor will have to acquire
special permits, different from those mentioned herein from the NESHAP enforcement agency.
3.6.1.3 Saturated asbestos containing material shall be removed in manageable sections. Removed
material should be containerized before moving to a new location for continuance of work. Surrounding
areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up.
3.6.1.4 Material removed from building structures or components shall not be dropped or thrown to the floor.
Material should be removed as intact sections or components whenever possible and carefully lowered to
the floor. If this cannot be done for materials greater than 50 feet above the floor, a dust -tight chute shall be
constructed to transport the material to containers on the floor or the material may be containerized at
elevated levels (e.g. on scaffolds) and carefully lowered to the ground by mechanical means. for materials
between 15 and 50 feet above the ground they may be containerized at elevated levels or dropped onto
inclined chutes or scaffolding for subsequent collection and oontainerization.
�^ 3.6.1.5 Containers (6 mil polyethylene bags or drums) shall be sealed when full (Wet material can be
exceedingly heavy.) Bags shall not be over -filled. They should be securely sealed to prevent accidental
opening and leakage by tying tops of bags in an overhand knot or by taping in gooseneck fashion. Do not
seal bags with wire or cord. (Bags may be placed in drums for staging and transportation to the landfill.
Bags shall be decontaminated on exterior surfaces by wet cleaning and HEPA vacuuming before being
placed in clean drums and sealed with locking ring tops).
F
3.6.1.6 Large components removed intact may be wrapped in 2 layers of 6 mil polyethylene sheeting
secured with tape for transport to the landfill.
3.6.1.7 Asbestos containing waste with sharp -edged components (e.g. nail, screws, metal lath, tin sheeting)
will tear the polyethylene bags and sheeting and shall be placed in drums for disposal.
3.6.1.8 After completion of all stripping work, surfaces from which asbestos containing materials have been
removed shall be wet brushed and sponged or cleaned by some equivalent method to remove all visible
residue.
3.7 Clean-up Procedure
3.7.1 Remove and containerize all visible accumulations of asbestos containing material and asbestos
contaminated debris utilizing rubber dust pans and rubber squeegees to move material around. DO NOT
use metal shovels to pick up or move accumulated waste. Special care shall be taken to minimize damage
to floor sheeting.
3.7.1.1 Wet dean all surfaces in the work area using rags, mops and sponges as appropriate.
28
3.7.1.2 Remove the cleaned outer layer of plastic sheeting from walls and floors, windows and doors.
WVAC system vents and all other openings shall remain sealed. The negative pressure ventilation units
shall remain in continuous operation. Decontamination enclosure systems shall remain in place and be
utilized.
3.7.1.3 After cleaning the work area, wait at least 24 hours to allow fibers to settle and HEPA vacuum and
wet clean all objects and surfaces in the work area again.
3.7.1.4 Remove all containerized waste from the work area and waste container pass -out airlock.
3.7.1.5 Decontaminate all tools and equipment and remove at the appropriate time in the cleaning
sequence.
3.7.1.6 Inspect the work area for visible residue. If any accumulation of residue is observed, it will be
assumed to be asbestos and the 24 hour settling pedodlcleaning cycle repeated.
3.7.1.7 The work area shall be cleaned until it is in compliance with State and Local requirements and any
more stringent criteria agreed upon by the Contractor and Owner prior to initiation of abatement activities.
Additional cleaning cycles shall be provided, as necessary, at no cost to the Building Owner until these
criteria have been met.
3.7.1.8 Following the satisfactory completion of clearance air monitoring, remaining barriers may be
removed and properly disposed of. A final visual inspection by the Owner's representative shall insure that
no contamination remains in the work area. Unsatisfactory conditions may require additional cleaning and
air monitoring. (See Section
3.10 Re-establishment of the Work Area).
3.8 Encapsulation Procedures
3.8.1 Clean and isolate the work area in accordance with 3.7
3.8.1.1 Repair damaged and missing areas of existing (sprayed) (troweled) materials with non -asbestos
containing substitutes(specify) Material must adhere adequately to existing surfaces and provide an
adequate base for application of encapsulating agents. Filler material shall be applied in accordance with
manufacturer's recommended specifications.
3.8.1.2 Remove loose or hanging asbestos containing materials in accordance with the requirements of
Section 3.6.
3.8.1.3 After the work area has been rendered free of visible residues, a thin coat of satisfactory
encapsulating agent shall be applied to all surfaces in the work area including structural members, building
components and plastic sheeting on walls, floors, and covering non -removable items, to seal in non -visible
residue.
3.9 Clearance Air Monitoring
3.9.1 Following the completion of clean-up operations, and after inspection by the project manager and the
project supervisor, final samples shall be taken as set forth by the AHERA guidelines.
29
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3.9.1.1 Samples shall be taken following E.P.A. guidelines. Negative pressure ventilation units shall NOT
be shut down until final clearance is achieved.
3.9.1.2 Final air samples shall be analyzed as per section 1.2.2.4.10. Should the first set fail the contractor
will completely re -clean the area and a second set of finals will be taken. The cost of these additional
samples will be paid for by the contractor.
3.9.1.3 All samples at all locations shall indicate concentrations of airborne fibers less than or equal to the
requirements as set forth in the AHERA regulations.
3.9.1.4 Aggressive sampling shall be performed with portable fans circulating air in the work area to
simulate actual use conditions. Negative pressure ventilation units shall NOT be utilized for this purpose.
3.9.1.5 Final air samples shall be analyzed as per section 1.2.2.4.10, samples taken during the course of
the project as well as back ground samples will be analyzed by PCM.
3.9.1.6 All samples at all locations shall indicate concentrations of airborne fibers less than 0.01 flcc for
release of the work area.
3.9.1.7 Areas exceeding this level shall be re -cleaned using procedures in Section 3.7 and re -tested until
satisfactory levels are obtained.
3.9.1.8 Cost of re -testing shall be bome by the Contractor.
3.10 Disposal Procedures
�- 3.10.1 As the work progresses, to prevent exceeding available storage capacity on site, sealed and labeled
containers of asbestos containing waste shall be removed and transported to the pre -arranged disposal
location.
r
3.10.1.1 Disposal must occur at an authorized site in accordance with regulatory requirements of NESHAP
and applicable State and Local guidelines and regulations
3.10.1.2 Ali dump receipts, trip tickets, transportation manifests or other documentation of disposal shall be
delivered to the Building Owner for his records. A recommended record -keeping format utilizes a chain of
custody form which includes the names and addresses of the Generator (Building Owner), Contractor,
pickup site, and disposal site, the estimated quantity of the asbestos waste and the type of containers used.
The form should be signed by the Generator, the Contractor, and the Disposal Site Operator, as the
responsibility for the material changes hands. If a separate hauler is employed, his name, address,
telephone number and signature should also appear on the form.
3.11 Transportation to the landfill
3.11.1 Once drums, bags and wrapped components have been removed from the work area, they shall be
loaded into an ENCLOSED truck or dumpster for transportation. At no time is the asbestos waste to be
stored In anything that is not enclosed and lockable. All dumpsters must be enclosed.
30
3.11.1.1 When moving containers, utilize hand truck, carts and proper lifting techniques to avoid back
injuries. Trucks with lift gates are helpful for raising drums during truck loading.
3.11.1.2 The enclosed cargo area of the truck shall be free of debris and lined with 6 mil polyethylene
sheeting to prevent contamination from leaking or spilled containers. Floor sheeting shall be installed first
and extended up the side walls. Wall sheeting shall be overlapped and taped into place.
3.11.1.3 Drums shall be placed on level surfaces in the cargo area and packed tightly together to prevent
shifting and tipping. Large structural components shall be secured to prevent shifting and bags placed on
top. Do not throw containers into truck cargo area.
3.11.1.4 Personnel loading asbestos waste shall be protected by disposable clothing including head, body
and foot protection and, at a minimum; half face piece, air purifying dual cartridge respirators equipped with
high efficiency filters.
3.11.1.5 Any debris or residue observed on containers or surface outside of the work area resulting from
clean-up or disposal activities shall be immediately cleaned -up using HEPA filtered vacuum equipment
and/or wet methods as appropriate.
3.11.1.6 Large metal dumpsters are sometimes used for asbestos waste disposal. These should have
doors or tops that can be closed and looked to prevent vandalism or other disturbance of the bagged
asbestos debris and wind dispersion of asbestos fibers. Un-bagged material shall not be placed in these
containers, nor shall it be used for non- asbestos waste. Bags shall be placed, not thrown into containers to
avoid splitting.
3.12 Disposal at the landfill
3.12.1 Upon reaching the landfill, trucks are to approach the dump location as closely as possible for
unloading of the asbestos containing waste.
3.12.1.1 Bags, drums and components shall be inspected as they are off-loaded at the disposal site.
Material in damaged containers shall be re -packed in empty drums or bags as necessary. (Local
requirements may not allow the disposal of asbestos waste in drums. Check with appropriate agency and
institutions for appropriate alternative procedures.)
3.12.1.2 Waste containers shall be PLACED on the ground at the disposal site, not pushed or thrown out of
trucks (weight of wet material could rupture containers).
3.12.1.3 Personnel off-loading containers at the disposal site shall wear protective equipment consisting of
disposable head, body and foot protection and, at a minimum, half -face piece, air purifying dual cartridge
respirators equipped with high efficiency filters.
3.12.1.4 Following the removal of all containerized waste, the truck cargo area shall be decontaminated
using HEPA vacuums and/or wet methods to meet the no visible residue criteria. Polyethylene sheeting
shall be removed and discarded along with contaminated cleaning materials and protective clothing, in bags
or drums at the disposal site.
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PM 3.12.1.5 If landfill personnel have not been provided with personal protective equipment for the compaction
operation by the landfill operator Contractor shall supply protective clothing and respiratory protection for the
duration of this operation.
3.13 Re-establishment of the Work Area and Systems
3.13.1 Re-establishment of the work area shall only occur following the completion of clean-up procedures
and after clearance air monitoring has been performed and documented to the satisfaction of the Building
Owner.
3.13.1.1 Polyethylene barriers shall be removed from walls and floors at this time, maintaining
decontamination enclosure systems and barriers over doors, windows, etc. as required.
3.13.1.2 The Contractor and Owner shall visually inspect the work area for any remaining visible residue.
Evidence of contamination will necessitate additional cleaning requirements in accordance with Section 3.7.
3.13.1.3 Additional air monitoring shall be performed in accordance with Section 3.9 if additional clean-up is
necessary.
3.13.1.4 Following satisfactory clearance of the work area, remaining polyethylene barriers may be
removed and disposed of as asbestos contaminated waste.
3.13.1.5 At the discretion of the Contractor, mandatory requirement for personal protective equipment may
be waived following the removal of all barriers.
3.13.1.6 Re -secure mounted objects removed from their former positions during area preparation activities.
3.13.1.7 Relocate objects that were removed to temporary locations back to their original positions.
3.13.1.8 Re-establish HVAC, mechanical and electrical systems in proper working order. Remove
contaminated HVAC system filters and dispose of as asbestos contaminated waste. Decontaminate filter
r assembly using HEPA vacuums and wet cleaning techniques. Install new filters in HVAC systems. Dispose
of old filters.
3.14 Repair
I 3.14.1 Repair all areas of damage that occurred as a result of abatement activities.
t PART 4: SUPPORT ACTIVITIES AND PERSONNEL
4.1 Training
4.1.1 Training shall be provided by the contractor to all employees or agents who maybe required to disturb
asbestos containing or asbestos contaminated materials for abatement and auxiliary purposes and to all
supervisory personnel who may be involved in planning, execution or inspection of abatement projects.
4.1.1.1 All workers must have a minimum of 24 hours training as required by the EPA, OSHA, NIOSH, and
any state requirements, such as additional training and license.
32
4.1.1.2 All workers must have received the required medical examination.
4.1.1.3 All workers must be trained in the proper use of the type of respirators used on this job.
4.1.1.4 Personal hygiene including entry and exit procedures for the work area, use of showers and
prohibition of eating, drinking, smoking, and chewing in the work area.
4.1.1.5 Special safety hazards that may be encountered including electrical hazards, air contaminant,
wetting agents, encapsulants, materials from Owner's operation, fire and explosion hazards, scaffold and
ladder hazards, slippery surfaces, confined spaces, heat stress and noise.
4.1.1.6 Workshops affording both supervisory personnel and abatement workers the opportunity to see the
construction of containment barriers and decontamination facilities.
4.1.1.7 Supervisory personnel shall, in addition, receive training or contract specifications, liability insurance
and bonding, legal considerations related to abatement, establishing respiratory protection medical
surveillance programs, EPA, OSHA (and State) record keeping requirements and other topics as requested
by the Building Owner.
4.1.1.8 Training must be provided by individuals qualified by virtue of experience and education to discuss
the topic areas in 4.2.
4.1.1.9 Training is to have occurred within 12 months prior to the initiation of abatement activities.
4.1.1.10 Contractor must document training by providing date of training, training entity, course outline, and
names and qualifications of trainers.
4.2 Medical Monitoring.
4.2.1 Medical Monitoring must be provided by the Contractor to any employee or agent that may be
exposed to asbestos in excess of background levels during any phase of the abatement project. (Due to the
synergistic effect between smoking and asbestos exposure, it is highly recommended that only non-smokers
be employed in positions which may require them to enter asbestos contaminated atmospheres).
4.2.1.1 Medical monitoring shall include at a minimum:
4.2.1.2 A workimedical history to elicit symptomatology of respiratory disease.
4.2.1.3 A chest x-ray (posterior-antedor, 14x1 3 inches) evaluated by a certified &reader.
33
,4 1
V
3. Erect full czntainmmt rwo layers of poly cove"r9 "115 and fioorv. D0.kTE:OZFmb9-5Set 3 stage wet decon. Provide waste load out alrlock, attach HEPAunits glzed for work area, eshau5t through adjacent windows 4. Provideonelayerof4r7ilpoly a5 critic prep above ceiling; attach toIq
sloped deck above. Provide air -tight Seal. when telling i5 removed.
Abatement of ACM Ceiiingo And Lath Removal
,4 1
V
3. Erect full czntainmmt rwo layers of poly cove"r9 "115 and fioorv. D0.kTE:OZFmb9-5Set 3 stage wet decon. Provide waste load out alrlock, attach HEPAunits glzed for work area, eshau5t through adjacent windows 4. Provideonelayerof4r7ilpoly a5 critic prep above ceiling; attach toIq
sloped deck above. Provide air -tight Seal. when telling i5 removed.
Abatement of ACM Ceiiingo And Lath Removal