HomeMy WebLinkAboutResolution - 5735 - Contract - Darla Southwest Inc.- ACM Abatement At Mahon Library - 01_08_1998RESOLUTION NO.5735
Item #15
January 8, 1998
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract and all related
documents by and between the City of Lubbock and Darla Southwest, Inc., of El Paso to
install and furnish all materials and services as bid for the ACM abatement at Mahon
Library, which contract is attached hereto, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 8th day of January 1998 .
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WINDY SITT N, MAYOR
ATTEST:
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Kat Darnell, City Secretary
APPROVED AS TO CONTENT:
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Victor Kilman, Pur asing Manager
APPROVED AS TO FORM:
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Anita E. Burgess, City Attorney
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December 23, 1997
CITY OF LUBBOCK
SPECIFICATIONS FOR
ACM ABATEMENT AT MAHON UBRARY
BID #97278
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Lubbock, Texas
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
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ITB #97M, Addendum 01
Office of
Purchasing
ADDENDUM V
ITB # 97278
ACM ABATEMENT AT MAHON
LIBRARY
MANED TO VENDOR: December 4,1997
CLOSE DATE: December 9,1997 @ 2:00 P.M.
i The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any Item called for in the ITB documents Is supplemented here, the original requirements, not
affected by this addendum, shall remain In effect.
1. Lengthen Duration of Project: All the work shall be accomplished within 45 calendar days of
notice to proceed.
2. ACM on Duct Wrap: Remove all duct -wrap insulation which has ACM over -spray. Assume the
following quantities:
North:
r 50'x240: 50' long
24W4': 40' long
12'xl2% 40' long
r" South:
66'xl4": 10' long
52'x220: 20' long
30"400: 40' long
26046% 35' long
20wxl4*: 5' long
140x10": 25 long
Note that these quantities are approximate. Contractor Is encouraged to measure the
sizes and lengths personally If necessary. No change order for different quantities will
be approved.
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r 3. Abate All ACM Inside Temporary/Containment Walls: Remove all ACM from within the
containment walls.
�- 3.1 This Includes overspray on underside of roof deck. There Is overspray on most of the
roof deck.
3.2 This also includes the beam which runs along the outside wall. This, beam Is
approximately 12" tall and runs the full length of the building.
3.3 This includes the cross -bracing which runs between the trusses shown on the drawings.
r. 97Z78ad1.doc
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ITB #97778, Addendum #1
4. Move South Containment Temporary Wall: Move the east -wall of the south containment
approximately 6' to the east from the location shown on the drawings. This Is necessary to give
room to work around the ACM covered truss In that vicinity.
5. Provide Locking Doors into Containment: Provide plywood doors which can be pad -locked at
all entrances Into the containment.
6. Critical -Prep Metal Stud Walls at Outside Walls: Provide critical prep on outside walls above
the existing ceiling level. Extend to roof line to provide air tight containment wall.
7. Remove Lay -In Ceiling Inside Temporary Walls: Remove all lay -In ceiling materials inside
the temporary/containment walls. Provide temporary supports for lights or remove and re -Install
lights so that they are ready for placement in the new ceiling. Clean and stock -pile all existing
ceiling tiles, do not throw away.
a. Protect Existing Wood Walls: Contractor shall protect the existing wood walls Inside the
containment.
9. Work Day: The only work which has to be accomplished after-hours (between 9:00 PM and 8:00
AM) Is the erection of the temporary wall and the cleaning of the existing -to -remain ceiling tiles.
After the wall Is in place, work shall be accomplished during the normal business day, 8:00 AM to
4 5:00 PM. It Is Imperative that noise be kept to a minimum. If noise becomes excessive, then
the contractor will be advised and it will be expected that the noise level will be reduced
Immediately. The contractor will be Informed of excessive noise two times. If there is a third
occurrence of excessive noise, then the contractor will be instructed to cease all work during the
regular business day and resume work after the library closes. The library manager, the City's
,.. representative, or the Engineer will be the judge of excessive noise.
10. Work Area: Contractor shall abate only one area at a time (either the north or south RA shaft).
That abatement shall be completed and the area cleared before moving to the other area.
11. Details of Temporary/Containment Walls: Walls shall be constructed of 2x4 or 2x6 lumber, as
appropriate, studs 16' o.c. with a %* plywood surface for the full height of the wall. Extend the
temporary wall to the existing ceiling level. Provide bracing at the top of the wall as necessary
for stability. Walls shall be erected by the abatement contractor but shall be dismantled and
removed by others. Leave the wall free of ACM materials.
r 12. Access to Return Air Shafts:
12.1. South Return Air Shaft: Cut a 30'x72' opening in the existing drywall surface of the
south return air shaft to gain access to ACM on interior of shaft. Cut opening In wall
between return air shaft and adjacent office.
12.2. North Return Air Shaft: Gain access to shaft through existing 66'x66' return air
r opening In existing masonry wall.
13. Remove Floor Tile in Janitors Closet: Remove approximately 100 sq. ft of floor the and
mastic in janitor closet. Since the janitor closet is remote from north and south abatement areas,
r an additional decon containment, etc. is necessary for this area. This work must be
accomplished during non -occupied hours.
P_ 97278adt.doc
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ITB #9M8, Addendum #1
All requests for additional information or clarification must be submitted In writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be taxed to: (808)775-2164
or Email to: RShuffield@mail.cf.lubbock.bLus
Tk"NK YOU,
Ron Shuffiel
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
97218ad1.doe
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CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: ACM ABATEMENT AT MAHON LIBRARY
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 97278
PROJECT NUMBER: 8402.9211
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE CONTRACT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITION
NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #97278
�- Sealed bids addressed to Victor Kiiman, Purchasing Manager, City of Lubbock, Texas, will be received In the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until
o'clock a.m. on the 9th day of December,1997, or as changed by the Issuance of formal addenda to all planhol ers, to
furnish all labor and materials and perform all work for the construction of the following described project:
"ACM ABATEMENT AT MAHON LIBRARY"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager
for the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 8th day of January,1998., at the Municipal Building, 162513th
Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any. or all
bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price
exceeds $100,000 and the successful bidder will be required to fumish 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 atin of B or sunrior, 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
r 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 of required) within 10 days after notice of
award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on
2nd day of December, 1997, at 10:00 o'clock a.m., In the L04 - Purchasing Conference Room, Lubbock, Texas
j 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
o- 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.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
n 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.
lr The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings
and bid openings are available to all persons regardless of disability. If you would like bid information made available in
a more accessible format or If you require assistance, please contact the City of Lubbock Human Relations Office at
(806) 767-2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
VICTOR KIL N
PURCHASING MANAGER
Old documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167/Fax (806)775-2164. 1
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
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1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
f" complete this project in accordance with contract documents for the ACM ABATEMENT AT MAHON LIBRARY.
2. CONTRACT DOCUMENTS
j Ali work covered by this contract shall be done In accordance with contract documents described in the General
! Conditions. .
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It Is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
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:
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RON SHUFFIELD
two SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 78457
FAX (806)775-2164
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` 5. TIME AND ORDER FOR COMPLETION
i The construction covered by the contract documents shall be fully completed within 20 (TWENTY) consecutive
calendar days from the date specified in the Notice to Proceed Issued by the City of Lubbock to the successful
bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the
City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the
contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by
the City that the progress of the work Is not in accordance with the progress schedule so submitted, the City may
direct the Contractor to take such action as the City deems necessary to Insure completion of the project within
the time specified.
f 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.
a. 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 fall to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
Incorporated into the project. The presence or absence of a representative of the City on the site will not relieve "
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated In the -project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written
general guarantee which shall provide that the Contractor shall remedy any defects In the work, and pay for any
and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year
from date of final. acceptance of the work as a result of defective materials or workmanship, at no cost to the
Owner (City of Lubbock).
10. PLANS FOR THE CONTRACTOR
The contractor will be 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 swom statement of the current.frnancial 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 z
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
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13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
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r ' It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that It will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
r, damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
l ! immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
P,► 14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals,
and shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is Incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
{ acceptance of the project.
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 constriction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract,
It shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
In proximity to the site of the work of Contractor's Intention to use explosives, and such notice shall be given
sufficiently In advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
16. CONTRACTOR'S REPRESENTATIVE
t " The successful bidder shall be required to have a responsible local representative available at all times while the
work is In progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated
by this contract is in progress.
17. INSURANCE
i 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
P ' 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
1 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 particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders'
attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for
the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of
the schedule of general prevailing rate of per diem wages in these contract documents does not release the
Contractor from compliance with any wage law that may be applicable. Construction work under this contract
requiring an Inspector will not be performed on weekends or holidays unless the following conditions exist: "-
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens. .�
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owners 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 Owners 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 Owners
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 Oess 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 Owners
Representative, or Engineer, a certified, sworn, legible copy of such payroll This shall contain the name of each
employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit
shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as
shown) have been made, or will In the future be made from the wages paid as shown thereon. The Contractor
must classify employees according to one of the classifications set forth In the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
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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
OW 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. PREPA�TION FOR BID
BID
The bidder shall submit his bid on forms fumished by the City. All blank spaces in the form shall be correctly
filled In and the bidder shall state the price both in words and numerals, for which he intends to do the work
contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or
typewritten. In case of discrepancy between the price written in words and the price written in figures, the price
written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly
authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each
member must be given and the bid signed by a member of the firm, association or partnership, or person duly
authorized. If the bid is submitted by a company or corporation, the company or corporate name and business
address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified 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) Bidders Submittal.
(d) Statutory Bond Of required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
p 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 furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder falls to
satisfy the City of Lubbock that the bidder is properly qualified to cant' 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.
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BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: EL PASO, T%
DATE: 12-08-97
PROJECT NUMBER: BID #97278 - ACM ABATEMENT AT MAHON LIBRARY
Bid of DARLA SOUTHWEST, INC. (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 ASBESTOS
ABATEMENT AT MAHON LIBRARY BID t97278
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,
r 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: FOUR THOUSAND TWO HUNDRED AND 00/ 100 ($4,200.00 )
O S TWO HUNDRED FORTY NINE AND 00 100 30 249.00
SERVICES: THIRTY TH U AND / ($ )
�I TOTAL BID: THIRTY FOUR THOUSAND FOUR HUNDRED FORTY NINE AND 00/100($34,449.00 )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.)
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 20 (TWENTY) consecutive calendar days
thereafter as stipulated In the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
as liquldated damages the sum of t200.001TWO HUNDRED DOLLARS) for each consecutive calendar day In excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
Instruction number 21 of the General Instructions to Bidders.
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Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality In the
bidding.
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ei
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 Cashiers Check or Certified Check for NIA
Dollars ($ N/A ) or a Bid Bond In the sum of FOUR THOUSAND Dollars ($4.000.00 ),
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 falls to execute the necessary contract documents and the required bond Of any) with the
Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check
or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
., documents made available to him for his Inspection in accordance with the Notice to Bidders.
Auth zed Signature
JAY R. BLOCK. VICE—PRESIDENT
(Printed or Typed Name)
r
(Seal if Bidder is a Corporation)
ATTEST:
Secretary SANDRA m EDINA
* ADD END UN #1 IS ACKNOWLEDGED
ARLA SOUTHWEST. INC.
Company
6138 YAMI WAY
Address
—Ff. PASO F.T. PASO
city, county
TRYAS ,. 79Q7S
State Zip Code
Telephone: 915 772-8181
Fax: 915 - 772-0426
LIST OF SUBCONTRACTORS
Minority Owned
Yes
No
APPLIED ENVIRONMENTAL SERVICES a
8SR
a
a
a
❑
a
a
❑
a
a
a
0
0
0
0
0
a
❑
❑
ri
rf
71
n
ID:972 771 662S
PACE
2/2
DEC-03-97 10:47 FROM:TASCO INC
I
t
Bond No. 211743
KNOW ALL MEN BY THESE PRESENTS, that we Darla Souttwrest, Inc.
as principal, and Credit General Indr enity Company
a corporation, having its principal place of business in the City of Irving
$id Bond
Page B-i
County of E1 Paso , and Statc of wX2.2 ,
as Surety, arc held and firmly bound unto the Owner as obligee, in the penal sum of
Four Thousand Dollars Dollars, lawful money of the United States of America, for
the payment of which, well -and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGrNED, scaled and dated this 5 day of Decarber . 199_
in the City of-�cCounty, Texas.
WHEREAS the said Principal is herewith submitting bids for
Asbestos abatEment at Mahon Library #97278
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the
said principal shall execute a contract and give bond for the faithful performance thereof
within ten (I0) days after being notified in writing of the award of such contract to Principal,
then this obligation shall be void; otherwise it shalt remain in full force and effect.
' Credit General Indemnity Company 211743
i
• POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Credit General Indemnity Company, organized and
existing under the Laws of the State of Ohio does hereby nominate, constitute and appoint:
r Anne M. Brennan and WflHam J. Ballay and Michael J. Friedrich
l of Chicago, I inois
Its true and lawful Attomey(s)-in-Fact act to make, execute, attest, seal and deliver for and on its behalf and as its act
' and deed bonds or other writings obligatory in the nature of the bond on behalf of said Company, as surety, bonds,
undertakings, and contracts of suretyship to be given to all obligees; provided, however, that no bond or undertaking
or. contract of suretyship executed under this authority shall exceed the amount of
One M_ilffon Two Hundred Fifty Thousand and 00/10U--- Dollars l$ ***1.250.004.00*** ).
l This Power of Attorney is granted and Is signed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of Credit General Indemnity Company on February 1, 1991:
"RESOLVED, That any two officers of the Company shall have the authority to make execute and
i deliver a Power of Attorney constituting as Attorneys In -Fact such persons, flans or corporations as may
1 be selected from time to time.
FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be
affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of
Attorney or certificate bearing such facsimile signatures of facsimile seal shall be valid and binding upon
the Company In the future with respect to any bond or undertaking to which It Is attached."
�.* IN WITNESS WHEREOF, The Credit General Indemnity Company has caused its corporate seal to be here-
unto affixed, and these presents to be signed by two duly authorized officers this 13th day of January, A.D. 1994.
sk��a
CREDIT GENERAL INDEMNITY COMPANY
By:
t MAL Robert J. Lticia, President
By: aQ •
GOOo F Zel ;'P&V0ve Vice President
r THE STATE OF OHIO
t. CUYAHOGA COUNTY
r- On this 13th day of January, A.D. 1994 before me personally came Robert J. Lucia and Gregory A. Fazekash,
President and Executive Vice President, respectively, of Credit General Indemnity Company, to me known to be the
individuals and officers described herein, and who executed the preceding instrument and acknowledged the execu-
tion of the same and being duly swom, deposed and said that they are the officers of said Company as aforesaid,
and that the seal affixed to the preceding instrument is the corporate seal of said Company, and that said corporate
4 seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction
of said Corporation, and that the resolution of said Company referred to in the preceding instrument is now in full
force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio,
the day and year above written.
1^' LOISA.OMER- Public
We at ohJo -t3eeU
CommltibnMZt N ry ublic, State f O
l I, Barry W. Moses, Secretary of Credit General Indemnity Company, do hereby certify that the above and
l foregoing is a true and correct copy of a Power of Attorney issued by Credit General Indemnity Company, and that
the same remains in full force and effect and has not been revoked; and furthermore, that the Resolution of the
Board of Directors, as set forth above, remains in full force and effect and has not been revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Beachwood,
Ohio, this 5 day of pecgrber A.D., 97 %xc
o rru 68r W. ties, Secretary
Y
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
BOB-767-2167
. ITB 99M8, Addendum /t
.&*Ne;W LV'� e=D
Office of
Purchasing
ADDENDUM #1
ITB # 97278
ACM ABATEMENT AT MAHON
LIBRARY
MAILED TO VENDOR:
CLOSE DATE:
December 4,1997
December 9,1997 @ 2:00 P.M.
The following Items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any Item called for in the ITB documents Is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. Lengthen Duration of Project: All the work shall be accomplished within 45 calendar days of
notice to -proceed.
2. ACM on Duct Wrap: Remove all duct -wrap Insulation which has ACM over -spray. Assume the
following quantities:.
North: _ ...
50'x240: 50' long
24'x24': 40' long
12'x12': 40' long
South:
66'x14':10' long
521x22': 20' long
30640': 40' long
26'x26': 35' long
20'xU% S' long
14'x10': 25 long
Note that these quantities are approximate. Contractor Is encouraged to measure the
sizes and lengths personally if necessary. No change order for different quantities will
be approved.
3. Abate All ACM Inside Temporary/Containment Walls: Remove all ACM from within the
containment wall .
j(3.1 This inclu es overspray on underside of roof deck. There is overspray on most of the
Wde:
5�3.2 s a so ncludes the be which runs along the outside 1. This beam Is `
a roAmatel 12" to nd runs the�ut Y3.3 This in udes the cross -bracing which runs between the trusses shown on the drawings.
9=ftd1.doe
e�.
DEPARTMENT OF HEALTH
BE IT KNOWN THAT
DARLA SOUTHWEST, INC. =:
' sad •'y! /'(�` 4�. ,FT 4. �' e:'..•• �if1 _�-
is Licensed and authorized , 'to :perform' 'as an
Asbestos Coirtractor
in the State of Texas withi _ `T 1 'Statutes, Article 4477-3a,
as amended, so long as thi t e is su r revoked and is renewed
according to the iUl to by s- oard of Health.
80-0055
'%License Number
09/02/1997 Todd F. Wingler, P.E.
Issue Date 7Chief, Asbestos Programs Branch
Occupational Safety and Health Division
09/01/1998
Expiration Date
This certificate is void
after expiration date. Patti L Pattemon, M.D.
Commissioner of HeaM
$; ;ti'
VOID IF ALTERED NON -TRANSFERABLE
r 33553
to
V I
TE
DEPARTMENT:` OF- ftEA•LTH
A A-XJLIVIJL
BE IT KNOWNTHAT
U04A.swMwEsr,
'A*
4
4f I
ISA.
i-,, M. -Licensed -Ka
in the State .-of Texas—.*vi
il ? ;e # A
as amended, so 10
e
accordirfg to the rules -ad "thee B
Ice* NIFrj*r
MW
06A2/97
Issue Dater"
06/1�
L=x1*dftn
EXAS. f) F 91 A:I`.. -
This certificate is voiar
a6w expiration date
wAbut i curvent fenewal
Identificatkn card
_cfisp[Ayedffier,
VOID IF),MT,
)OP As. an
v
s, Article 4477-3a,",-
ked and is.,renewed'.
�j It,
AE.
Programs Samch
Control DMgon
'r-1 4r"
ZU
n. M.D.
I Heafth
'FERABLE'
BOND CHECK 16 r
BEST RATING 1:1 -.
LlCENS- ID,IN,TEXAS
DA-1 R BY
r
9
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
l KNOW ALL MEN BY THESE PRESENTS, that Darla Southwest, Inc. (hereinafter called the Principal(s), as
A„ Principal(s), and
Washington International Insurance Co.
F
F.
r
lcalled
yntsdubthe Lubbock(hereinafter calledthejjj�l
%pnllarsg34,449.00wfuimoney ofOblgee), In the amount of notheUnited States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firrnly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the Rth day of
7ami'rpr , 18 qa • to ACM AiKatPmPnt at Mahnn T.ihrarX
and said Principal under the law Is required before commencing the work provided for in said contract to execute a bored
In the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as If copied at length herein.
NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if It were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this Instrument this
6th day of February 19 98
ton International Insurance Co.
Surety /
.By,
(Title) Wn M. Rindt
attorney in fact
Darla Southwest, Inc.
Principal
By: -'
itle} JAY R. BLOCK/VICE-PRES
By:
(Title)
By:
(Title)
i e vim.. #
F
r
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designateS�evin Dunn 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.
wazh{^fit^^ Intern2t4r%na1-Insurance
Surety Co.
Ze�I By: /
John M. Rindt
attorney in fact
Approved as to form:
City of t_ubboc
By:
CftyAttomey
* 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.
t
1
WASHINGTON INTERNATIONAL INSURANCE COMPANY
f POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws
the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint
CLARK R.G. BAKER, DONALD R. MARGO, ii, GEORGIANNE MiLLiKEN AND JOHN M. RINDT
EACH IN THEIR SEPARATE CAPACITY
f true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule,
,ggulation, contractor otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington
iternational Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its
!resident and its principal office.
his Power of Attorney shall be limited in amount to $5,500,000.00 for any single obligation.
his Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21, 1986 which read, in part, as follows:
The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in -Fact, and
authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized
to certify copes of any power-of-attomey issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any
time, any such Attorney -in -Fact or Special Attorney4n-Fact and revoke the authority given him.
The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate
seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power
of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall
be valid agg,0ii;Y 0p upon the Company.
iIIfdQ� y���i
IN TESTI' shington International Insurance Company has caused this instrument to be signed and its corporate seal to be
ffixed by it�� ttTbrized ofticer��'11th day of August, 1997.
ao� — WASHINGTO NATIONAL INSURANCE COMPANY
;L
'% '••..,....••• Steven P. Ande , Vice -President
RI_70,;1
TATE OF ILLIiJt31S)iiast%
OUNTY OF COOK)
On this 11th day of August, 1997, before me came the individual who executed the preceding instrument, to me personally known, and, being by me
my s i ipj�,,t�i �F�e'rrejyr gibed and authorized officer of the Washington International Insurance Company; that the seal affixed to
aid i rumec�t�t �orSa e teaf of s Company,
sN TE IMC jl I l f �&y, ,, here7Michelle
ha nd affixed my Official Se , th day and year first above written.
Notary Public, State of Illinois
� a
My Commission Expires 09!G'I!99 /
Howerton, Not Pub'
mmission Expires Sep ember 7, 1999
"CERTIFICATE
` STATE OF ILLINOIS)
COUNTY OF COOK)
F'Ithe undersigned, Vice -President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY
hat the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5
of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force.
Signed and sealed in the County of Cook. Dated the 6thday of Fehruar-T • 19 98_•
i
JamefK Car, nter, V' -President
t
7
r.—
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,
f- 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
PO, , 19 , to
t
and said principal under the law is required before commencing the work provided for In said contract to execute a bond
Irk 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.
b ,
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
Texas Government Code, and all liabilities on this bond shall be determined In accordance with the provisions of said
article to the same extent as if it were copied at length herein.
r' IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _
day of , 19
Surety
By:
is
(Title)
Principal
By:
(Tdle)
By:
(Title)
By:
(Title)
7,
".i
A
f
6
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)
r' Approved as to Form
G
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
r 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.
4
CERTIFICATE OF INSURANCE
/
ISSUE DATE W /D IM
2/10/98
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
John D. Williams Company
COMPANIES AFFORDING COVERAGE
P.O. Box 981021
COMPANY
El Paso, TX 79998-1021
LETTER A American International Co.
COMPANY
LETTER B Texas Workers Comp Fund
INSURED
COMPANY
LETTER C
Darla Southwest, Inc.
Mr. Rafael Nickolas, Jr.
COMPANY
6138 Yaqui Way
LETTER D
COMPANY
E
ElPaso TX 79925
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS
TR DATE avi111/DD/YY) DATE a4M/DD/YY)
A GENERAL LIASH.ITY AAI8198464 2/01 /98 2/01 /99 GENERAL AGGREGATE 2000000
X COMM. GENERAL LIABILITY PROD-COMP/OP AGG. 2000000
CLAIMS MADE ®OCC. PERS. i ADV. INJURY 1000000
OWNER'S it CONTRACTS PROT EACH OCCURRENCE 1000000
FIRE DAMAGE(Ooe F1re) Rnnnn
• A AUTOMOBILE LIABILITY CA7765405
ANY AUTO
ALL OWNED AUTOS
X SCHEDULED AUTOS
X HIRED AUTOS
,NON -OWNED AUTOS
GARAGE LIABILITY
1
EXCESS LIABILITY
r
RELLA FORM
ER THAN UMBRELLA FORM
8 0000231541
WORKERS' COMPENSATION
AND
EMPLOYERS LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/I.00ATIONS/VEMCLFSISPECIAL ITEMS
Certificate Holder is Additional Insured.
Ref: ACM Abatement at Mahon Library
Bid#97278 *Includes Waiver of Subrogation.
�I
City of Lubbock
PO Box 2000
Lubbock, TX 79457
MED. EXP. (one Per) 5000
2/01 /98 2/01 /99 COMBINED SINGLE 1000000
L[M TT
BODILY INJURY
(Per perun)
BODILY INJURY
(Per Kd&nt)
PROPERTY DAMAGE
EACH OCCURRENCE
AGGREGATE
2/01 /98 2/01 /99 X ISTATUTORY LIMITS i .....'., .
EACH ACCIDENT 1000000
DISEASE -POLICY LIMIT 1000000
DISEASE-EACHSMP. innnnnn
SHOULD OF :E ABOVE DES M' 1: 1 • 1 �AlA6 311 •' :1
EXPIRATION DATE THEREOFp THE ISSUING COM7ANY WILL
MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO :1
':'!.l:4:i•;b.L:t
02/05/96 11:51 'C915T720426 DARLA EL PASO
CITY OP. LUBBOCK
INSURANCE: REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance AgentBroker
Prior to Award, of Contract
1, the undersigned AgentBroker, certify that the Insurance requirements contained in this bid document have
been reviewed by me wfth the below identified Contractor. If the below identified Contractor is' awarded Us
contract by the Cfiy of Lubbock, I wM be able to, wcthh ten (1O) 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
J hid/proposal. •
Philip A. Provencio
Agent (Signature) Agent (Print)
VarneofAgentr8roker. John D. Williams Co.
Address of AgentBroker. 415 E. Yandell PO Box 981021, El Paso, TX 79998-1021
Paso, T% 79902
915
_ AgentlBrolaer Telephone Humber: ( ) 496-8500
February 6, 1998
CONTRACTOR'S NAME Darla Southwest, Inc.
it ----�
}}. (Print or Type )
t� CONTRACTOR'S ADDRESS: 6138 Yaqui Way
r
El Paso, TX 79925
NOTETO AGENTfBROHEt ,
If this time requirement is not met, the City has the right to reject arts bidtpropcsal and award the
t contract to another contractor. ff you have any questions concerning these mqu1mments, Please
j contact the Pundasi la Manager for the City of Lubbock at (sogn5-ms.
BID 99TV8 - ACM ABATEMENT AT MAHON LIBRARY
02/05/98 11:51 09157720426 DARLA EL PASO id U04
CER'nFICAM OF INSURANCE
FL TO: CITYJOF WBBOCK DATE; Eebruary 6, 1998
P.O. BOX 2000
LUBBOCK, Tx MST TYPE OF PROJECT:
F L
Darla southwest, Inc.
6138 Yaqui Way Ej Paso, TX-79925
TENS 0 TO CERTIFY THAT Qbme and Address of Insu" Is, at
the date of this w0cate. hum)d by this Company with fesped to the business Operations hereinafterdesmibed, forthe
typed of km== and -in a . coordance wth the provisions of the standard poUdes usW by Vft Company. the fudW
herebufter described. Exceptions to saftrida id;*Ucy noted hereon.
-7'rm cw RMURAP" POMYMMMR UMTrs
OL
The above policies eldw In the body thereof or by appropriate endorsement PvMe W they may not be changed or
canceled by insurer In less than the legal time mqidA&f after the kmmd has moetved V=ft=nce of amh charge
n 0
arearm n. qr In case Umm Is no legal requirerneM In Less than five days In advance n.
FIVE COPIES OF THE CERTIFICATE F [NSURMCP
MUST BE SENT To THE CITY OF LUBBOCK
GATE
DATE
UR
CwMards C'emw LbW
AA18198464
2 /1719 �8
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AUTOMOWEUU�—
a AnyALft
CA7765405
2/1/98
2/1/99
CM*b*dS1n*Um1;
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13
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a fiVSrALLATXWFLWTjR
ExqESSLABUTY
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13, WWII= Umbmaa Form
WORKERSCOMP&MMWAND
BOWYEFZLI48UN
Q000231541
.
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American International Companies
tmarne of insmr)
Qv.- Philip A. Frovencio
T?de; Account Executive
r
Williams Co 915 496 8482 P.01
r
PM '
n ..H.rr,ai r.. .,. .... ...
V
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a i .
.. .. .. :.. . a .:•.
2l013198
PROrbe Writ
THIS CCRTIFIC:ATI: IN ISAUhD AS A MATTER Or i TORNIATRIN ONLY AND
cnnrFR.S NO RIGIrTS Ll" THE CERTIFIC'ATIC HOLI)ck. SIBS CERTITICATE
DOLE NOT A-KEi+TI. EXTEND OR ALTER Tilt COVERIGE AFFORDED BY THE
POLIC'IUS PIM A IN'
John D. Williams Companv
COMPANIES AFFORDING COVERAGE
P.O. Box 981021
CCNIPANY
El Paso, TX 79298-1021
LtrmR A American International Co.
COMPANY
LL-M-r B Texas Workers Cornp Rind
INsaRwn
COMPANY
C
Daria southwest, Inc.
LETTER
Mr. Rafael Nickolas. Jr.
COA'1PANY
a138 Yaqui Way
LETTER D
Gcu+►AYY
El Puso TX 79926
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THiS Ly TO CERTiFY THAT THE POLICMS OF INSURANCE LiSTED BELOW HAVE IWEN MALLU'rO TIM INSL tED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY AF_QUM&NIENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIiH RYSPI:C-r W) wtneli Tins
CERTIFICATE MAY RB 10CF..13 nR MAY PERTAIN, TIM INSURANCE AFFORDED IV TIM POLICtES DESCR33ED HEXEIN IS. SVRlF;(-r TO All, TIM TZI MS.
EXC1.1Ni1(INS AND CONDrTIONS OF such POLICIES. LIMITS 51I0NTI MAY HAVE BEEN' REDUCED BY PAID CLAIMS,
Cx'r
TYPE Or INSURANCE
POLICY NUMBER
IttF.
POLICY ►:xr,
LIMITS
LIMITS
iR
DATE (MEMIDIVVY)
IIAT (MMMIJIVY1
A
r:ENERALLiABILITY
AA181S8464
2/01198
2/01/99
GE..NrRALAUGFZ:ATB
2000000
AGM
200-3000
x CO&IM. "NMI, LIABILITY
1`kOD-M1P1OrI
CLALNS MADE [ZOCC.
PERS.11 ADY. INAUR 1
1000000
OMi':r'ER'S A CONTXACT'A PRAY
EACH OCCL'RRTiNCE
1000000
l,RR 17AMACR(Ow nv)
80060
Men. Exr. (%*, PC"
5000
A
ALTOMOEILE LIABILITY
CA7765405
2101198
2101199
COMBiNED SINGLE
1000000
ANYAUTO
SIT
LL O%7MD AUTOS
BODILY iNAVBY
X SCHSDLLED ALTdS
Mir pmm)
?'
BODILY INri1RY
'
x HIRiM Atr14&
\Q�1 CCYNED AUTOS
Wa weldear)
.ARAGE LIABILITY
PROPERTY DAMAGE
k
EXCESS LIABUATY
EACH OCCURRENCE
' >
VAIDRELLA FORM
AGGREGATE
OTHER THAN UMBRELLA Ip03t111
♦
«h{Ya-s,M as
is%w
8
0000231541
2/01198
2/01/99
X YTATUTORY LIMI'rb
.:+> »>w
maw
WnRICIR-R' COAiPEYCATION
EACH ACC D T �r
y 00000OM '`'
AND
MIMASF-VOIACY LIMIT
1000000
[MPLOYFR'i LIABILITY
DISEAS4EACH EMP.
1000000
OTHER
DrACKirrI NtitOvkkmr1lml11A C;ATIONSMEMC C3ALPIE:MS
Certificate Holder 1s Additional Insure
Ref: ACM Abatement at Mahon Library
Did#97�278
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SHOULD A.YY OF THE ABOVE DL' SCRIBED POLICiLS ItY CANCBI.LRD BECORE TIM
EXPIRATION DATET11ERE0F,T11E MtIINC tV. M1PANY
MAiL ;p4n_ DAYS VM TTRN Ntn'14* TO THE CKXTIF,CATE HOLDER NAMED TOTHE
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LEFT.
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City of Lubbock .:marr
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150 Box 2000
F.+ _ .. ': :: ,, , '. .:. , „• fir. _. ,...
Lubbock, TX 79467ev
AL'T110RIitD REPRESIMATIVR
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TO: CITY OF LUBBOCK
P.O. BOX 2000
CERTIFICATE OF INSURANCE
DATE:
LUBBOCK, TX 79457 TYPE OF PROJECT:
�^ THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at
the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the
typed of Insurance and In accordance with the provisions of the standard policies used by this company, the further
�. hereinafter described. Exceptions to standard policy noted hereon.
Ir
r
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Product.,-Comp/Op AGG $
0 Occurrence
Personal & Adv. Injury S
0 Owner's & Contractors Protective
Each Occurrence $
D
Fire Damage (Any one Fire
Med Exp (Any one Person))E
AUTOMOTIVE LIABILITY
0 Any Auto
Combined Single Limit S
0 An Owned Autos
Bodily Irojury (Per Person) S
0 Scheduled Autos
Bodily Injury (Per Accident) E
0 Hired Autos
Property Damage S
0 Non -Owned Autos
0
GARAGE LIABILITY
0 Any Auto
Auto Only - Each Accident $
0Other
n Auto Ontf.
aAccident
Each $
Aggregate $
0 BUILDER'S R/SK
0 100% of the Total Contract Price
S
0 INSTALLATION FLOATER
S
EXCESS LL481LITY
0 Umbrella Form
Each Occurrence $
Aggregate $
0 Other Than Umbrella Form
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ 0 Included
Statutory Limits
PartnerstExecutive 0 Excluded
Each Accident $
Officers are:
Disease Policy Un t 5
Disease -Each Employee S
OTHER
a The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the Insurer in less than the legal time required after the insured has received written notice of such change
or cancellation, or In case there is no legal requirement, In less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
r By:
Y
Title:
1
'6
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CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
l I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have
been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this
contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by
r" contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
1 bid/proposal.
rr Agent (Signature) Agent (Print)
f�
t` Name of AgentlBroker.
I'
Address of Agent/Broker:
City/State/Zip:
F- AgentlBroker Telephone Number. ( )
Date:
CONTRACTOR'S NAME:
(Print or Type )
r-
CONTRACTOR'S ADDRESS:
4 .
NOTE TO AGENT/BROKER
If this time requirement Is not met, the City has the right to reject this bid/proposal and award the
contract to another contractor. if you have any questions conceming these requirements, please
contact the Purchasing Manager for the City of, Lubbock at (806)775-2165.
BID #97278 - ACM ABATEMENT AT MAHON LIBRARY
r
1
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71,
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
.. (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
r" (5) retain all required certificates of coverage on file for the duration of the project and for one year
{ thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
row (7) post a notice on each project site informing all persons providing services on the project that they are
f 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:
r
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation Insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
Identity of their employer or status as an employee."
'Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or
to report an employer's failure to provide coverage" and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of
this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor.
0) a certificate of coverage, prior to the other person beginning work on the project; and
(11) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing servioes.0
No Text
CONTRACT
Y
STATE OF TEXAS
COUNTY OF LUBBOCK
F
F
I
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m
F
THIS CONTRACT, made and entered Into this e- day of January,1998, 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 Darla Southwest. Inc. of the City of Et Paso. County of El Paso and 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 (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #97278 - ACM ABATEMENT AT MAHON LIBRARY - $34,449.00
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 additlons 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.
APPRO AS TO FORM:
ty Attomey
ATTE
Corpo ate Secretary
cc,_:
/�`b• %/.//�
MAYOR V-
CONTRACTOR:
DARLA SOUTHWEST, INC.
By:
PRINTED NAME: JAY R. BLOCK
TITLE: VICE-PRESIDENT
COMPLETE ADDRESS:
Darla Southwest, Inc.
6138 Yaqui Way
EI Paso, Texas 79925
GENERAL CONDITIONS OF THE CONTRACT
GENERAL CONDITIONS OF THE CONTRACT
i. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used In this contract, It
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, Is used, it shall be
understood to mean the person, persons, co -partnership or corporation, to wit DARLA SOUTHWEST. INC. who
has agreed to perform the work embraced In this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative Is used in this contract, it shall be understood as
referring to, City of Lubbock, under whose supervision these contract documents, including plans and
specifications, were prepared, and GEORGE LISENBE, BUILDING & ENERGY ADMINISTRATOR., who will
Inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said
Owner to act in any particular under this 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.
4. CONTRACT DOCUMENTS
r The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
i Contract, Statutory Bonds Of 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
I^ inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like Import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is Intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like Import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, Includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7. WRITTEN NOTICE
` Written notice shall be deemed to have been duly served If delivered In person to the individual or to a member
of the firm or to an officer of the corporation for whom it Is intended, or if delivered at or sent certified mail to the
last business address known to him who gives the notice.
r
r
1.
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, fumish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished In strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" Is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility Is In a condition to serve its Intended
purpose, but still may require minor miscellaneous work and adjustment.
10. YOUT
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
permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical
and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's
Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his
Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at
Contractor's expense.
F
7
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
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 maybe necessary to Insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases,
determine the amounts and quantities of the several kinds of work which are to be paid for under this contract.
He shall determine all questions In relation to said work and the construction thereof, and shall, In all cases,
decide every question which may arise relative to the execution of this contract on the part of said Contractor.
The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on
the contract, and to any rights of the Contractor to receive any money under this contract.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to
the execution of the work or the interpretation of the contract, specifications and plans.
15. SUPERINTENDENCE AND INSPECTION
it is agreed by the Contractor that the Owners Representative shall be and Is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owners Representative may
deem proper to inspect the materials fumished and the work done under this Contract, and to see that said
material Is fumished 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 Owners 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 Owners Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
` encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way effect the work under this
contract. No verbal 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.
r.,
r"
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform
him In writing that any man or men on the work, are, in his opinion, Incompetent, unfaithful, or disorderly, such _
man or men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary In the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it Is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at
all times be maintained In a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper facilities and access for such observation and
testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to
the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject
any work found to be defective or not in accordance with the contract documents, regardless of the stage of its
completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has
previously accepted the work through oversight or otherwise. If any work should be covered without approval or
consent of the Owner, It must, if requested by Owner or Owner's Representative, be uncovered for examination
at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then In such event Owner or Owner's Representative may require Contractor to fumish
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.
r
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
I 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 fumished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual
loss occasioned by such change, due to actual expenses Incurred In preparation for the work as originally
planned.
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,
r.. 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 Uability 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 Owner's Representative,
or by them agreed to. Owner's Representative may direct the form In which accounts of the actual field cost
shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead,
general superintendence and field office expense, and all other elements of cost and expense not embraced
within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be
maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be
Included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's
Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative Insists —
upon its performance, the Contractor shall proceed with the work after making written request for written order
and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C).
The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below
provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described In the bid, the specifications, plans
and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall
Include all appurtenances necessary to complete the work In accordance with the intent of these contract
documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in _
these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a
clarification before the bids are received, and if no such request is received by the Owner's Representative prior
to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his 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 Owner's Representative may order
the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor Is inadequate for securing the progress herein specified, the
Contractor shall, If so ordered in writing, Increase his force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
Insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction odes. 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 attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, In his sole discretion as an
Independent Contractor, Inclusion of this paragraph In the Contract, as well as any notice which may be given by
the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
R The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be fumished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation.
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. R 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
Pollution Llability Coverage
Underground Damage Hazard
Products & Completed Operations Hazard
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 Buiider's Risk policy in the amount of 0% of the total contract once (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
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
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.
8. The contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor.
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, If the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects ^
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (1) - M, with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract orproviding or causing to be provided a certificate of coverage, the _
contractor is representing to the governmental entity that all employees of the contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate
Insurance carrier or, In the case of a self -insured, with the commission's Division of Self -
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions. _
11. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the —
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as
evidence of compliance with the above insurance requirements, signed by an authorized representative
of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the Insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date bome by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
m The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
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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:
O 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
(i) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(t) notify the governmental entity in writing by certified mall 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
project; regardless of the identity of their employer or status as an employee.'
"Call the Texas Workers' Compensation Commission at 5IV440.5789 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;
(ii) provide a certificate of coverage to the contractor prior to that person beginning
work on the project;
(ii) 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 furnish satisfactory evidence that all —
obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within
five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
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unpaid, withhold from the unpaid portion of this contact, 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 contact
documents by Owner, provided, however, If choice of alternate design, device, material or process Is allowed to
the Contactor, then Contactor 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 Contactor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contact 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 Contactor or his employees. If the Contactor 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 contact for changes in the work. If the Contactor 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
7 as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner
may enter into contacts, shall be controlling, and shall be considered as part of this contact to the same effect
as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the
fulfillment of this contact. The Contactor further agrees that subletting of any portion or feature of the work, or
materials required in the performance of this contact, shall not relieve the Contactor from his full obligations to
the Owner, as provided by this Contact.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It Is hereby understood and mutually agreed by and between the Contactor and the Owner, that the date of
l beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contact; and it Is further mutually understood and agreed that the work embraced in this
contact shall be commenced on a date to be specified In the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contactor does hereby agree as part of the
consideration for the awarding of this contact, the Owner may withhold permanently from Contactor'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 contact as herein set forth for each and every calendar day that the Contactor
shall be in default after the time stipulated for completing the work.
rIt Is expressly understood and agreed, by and between Contactor 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 specificaliy 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 confiicts
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 cant' 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 orworkmen or otherwise. No charge shall be made by the
Contractor for hindrance or delays from any cause during the progress of any part of the work embraced In this
contract except where the work Is stopped by order of the Owner or Owner's Representative for the Owner's
convenience, In which event, such expense as In the judgment of the Owner's Representative that is caused by
such stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown for the various Gasses of work to be done
and material to be furnished under this contract, they are approximate and are to be used only as a basis for
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estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the Unit price
method, payment shall be for the actual amount of work done and materials fumished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which 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 Contract, 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 famish 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 fact is certified to by Owner's Representative and some unexpected and some unusual
delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written
recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage
due Contractor.
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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 terms 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 fried or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which
will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
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48. TIME OF FILING CLAIMS
r' 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 Owners
Representative has given any directions, order or Instruction to which the Contractor desires to take exception.
r The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision
In writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand
for arbitration shall be filed with the Owner's Representative and the Owner In writing within ten (10) days after
the date of delivery to Contractor of the final decision of the Owner's Representative. It Is further agreed that
final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a
bar to any claim by etther party, except where noted otherwise In the contract documents.
�• 49. ABANDONMENT BY CONTRACTOR
` In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of
the Owner's Representative, when such orders are consistent with this contract, this 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
r� complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct
shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the
Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date
of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work Is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, —
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor
and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there
remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together
with an Itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the
respective addresses designated in this contract; provided, however, that actual written notice given In 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
1n 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 eamed by the Contractor,
which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the
attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra
Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to _
cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot
be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other sums that may be retained
by the Owner under the terms of this 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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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
l 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 Owners Representative shall have the right to observe Contractors
work during his performance and to cant' out the other prerogatives which are expressly reserved to and vested
r' in the Owner or Owners Representative hereunder, is not intended to and shall not at any time change or effect
the status of the Contractor as an independent contractor with respect to either the Owner or Owners
Representative or to the Contractors 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 change the cost to the Contractor.
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CURRENT WAGE DETERMINATIONS
Resolution No. 5121
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March 14, 1996
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Item #19
C;
RESOL.UTION
WHEREAS, the City Council has heretofore established the general prevailing rate of
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per diem wages for each craft or type of workmen or mechanics needed to execute public
works contracts for the City of Lubbock in accordance with the provisions of Vernon's
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Ann.Civ.St., Art. 5159a; and
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WHEREAS, such wage rates. were established by Resolution No. 719 enacted February
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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: i
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
f"
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
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Such wage rates are hereby found and declared to be the general prevailing rate of per diem .
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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.
is
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Passed by the City Council this Loth
ATTEST:
& i-, Lai a&
Betty M. Anson, City Secretary
APPROVED AS TO CONTENT:
Mary AndrVws, Managing Director of
Human Resources
APPROVED AS TO FORM:
afold Willard; Assistant City Attorney
H W : da /ccdocs/pubwo rks. res
February 14, 1996
rch
, 1996.
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City of Lubbock
Building Construction Trades
Prevailing Rates
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Eger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Floor Installer
Glazier
Insulator-Piping/Boiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Nfsxer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly Rate
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
9.50
9.00
9.00
5.50
8.00
5.50
5.50
9.50
10.50
6.00
8.00
5.50
9.75
5.50
10.00
EXIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Egger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
6.00
5.50
7.35
5.75
10.50
5.50
6.50
5.50
5.50
6.25
7.25
5.50
7.00
7.00
7.00
6.50
7.00
6.50
8.50
6.00
6.50
6.50
6.00
6.50
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EXHEBIT C
Prevailing Wage Rates
Overtime Rate
c
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXHIBIT D
{•. Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
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SPECIFICATIONS
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CITY OF LUBBOCK
ASBESTOS ABATEMENT
at MAHON LIBRARY
LU BBOCK,TEXAS
GRIMES..
;,. 48231
��► S/ANAL
PROJECT MANUAL
SPECIFICATIONS
SET #
Prepared By:
GRIMES AND ASSOCIATES, CONSULTING ENGINEERS
P.O. Box 65
Wolfforth, Texas 79382
Phone:806/863-2462 Fax:8061863-2479
§EC ON 01010 - SUMMARY OF WORK
PART 1 - GENERAL
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1. GENERAL:
1.1. Site: Mahon Library, Lubbock, Texas.
1.2. Objective:
-Remove spray -on fire proofing from selected areas of library.
-Clean ACM debris from ceiling tiles in locations where grilles are being added/removed.
-Remove floor tile and mastic from north entryway.
1.3. Before submitting a bid for this work, each Bidder is responsible for having examined the
site and is aware of existing conditions under which he will operate, and/or any conditions
which could affect the work under this Contract. No allowance will be made subsequently in
this connection to the contractor for error or negligence on his part.
1.4. Discrepancies between conditions at the site and requirements of the contract documents
shall be reported to the Consultant, in writing, before any bids are opened. Consultant will.
issue necessary instructions to Bidders.
2. FWORK SCHEDULE:
2.1. General: Completion time is to include all prep work, removal of specified ACM, clean-
up, final clearance testing, removal of containments, and vacating the work site, etc.
2.2. Time Allowed for Completion: All work shall be completed in four consecutive calendar
work -days. See definition below.
2.3. Duration of Work -Day: For the purposes of these specifications a `work -day" is defined
r" to mean a nine -hour period starting at 9:00 PM and ending at 6:00 AM with one how off for
break.
3. FINAL PAYMENT:
3.1. Contractors payment will be for the lump sum of contract, received after completion of
contract.
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01010-1
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3.2. Contractor shall furnish required project manuals and final pay request to the Consultant
for approval. See Section 01700 for details.
END SECTION - 01010
96.
01010-2
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SECTION 01040 - COORDINATION
PART 1 - GENERAL
1. CONSTRUCTION TIME:
I.I. The use of insufficient labor or equipment for construction purposes or inadequate
scheduling of materials or equipment to be installed will not be allowed as cause for delay.
Schedule labor, materials, and equipment to site in quantities required for uninterrupted
progress of work and least obstruction of the premise. Extension of time or extra cost will not
be allowed for failure to order on time and in sufficient quantities.
2. SITE COORDINATION:
2.1. Contractor shall coordinate move -in and all final inspections in writing to the Consultant
before any work on project begins.
3. SUPERINTENDENT:
3.1. The Contractor shall provide a competent licensed Superintendent who is to be on the
job any time work is being performed. by any trade, from the beginning of work until final
acceptance. The superintendent shall have the authority to act for the. Contractor and shall
coordinate the activities of the various trades, subcontractors, etc. involved to complete the
project in accordance with the contract documents.
3.2. The contractor's superintendent shall be the projects "Compentent Person" as defined by
OSHA regulations.
3.3.. Project Superintendent shall not be replaced unless listed on asbestos renovation
demolition notification, and only with Consultants permission.
4. COORDINATION WITH SITE PERSONNEL:
4.1. Contractor shall not interrupt employees activities around the work area.
4.2. Contractor shall post all markers, warning signs to alert plant personnel to hazards.
Contractor shall be responsible for site security.
S. GENERAL CLEANING:
01040-1
5.1. Contractor shall be responsible for leaving area clear of contractor generated trash and
waste.
5.2. Contractor shall haul all trash _generated from project to landfill. Contractor shall clear
and broom sweep buildings walks.
END OF SECTION 01040
SECTION 01060 - REGULATORY REQUIREMENTS
PART 1 - GENERAL
1. GENERAL:
1.1. This section defines the Contractor's requirements for complying with applicable Federal,
State and when applicable Local regulations.
1.2. The Contractor shall be responsible for complying with regulations as applicable to
asbestos abatement projects. It shall be the Contractor's responsibility to comply with the latest
i released regulations, and hold harmless the Owner, Engineer/Consultant Agency, and/or
Owner's representative for the Contractor's failure to comply with any/all regulations.
1.2.1. Nothing in the plans or specifications are intended to deviate from any Federal, State
or Local regulations. Any deviation shall be noted and reported to Consultant prior to bid
date.
1.2.2. Federal, State, and referenced regulations/standards are incorporated by reference
into the specification.
2. NOTIFICATIONS:
2.1. Engineer shall complete TDH ten-day notification.
2.2. The contractor shall assume responsibility for any citations for not meeting start and
completion date as specified in notifications.
3. COMPLIANCE WITH ORDINANCES AND PUBLIC SAFETY:
3.1. Ordinances: The contractor shall secure any permits necessary for the project, and
comply with local ordinances as necessary.
3.2. Public Safety: The contractor shall comply with federal, state, local regulations to provide
for public safety on the project.
3.2.1. On sites with multiple sub contractors: The asbestos abatement contractor shall
coordinate with the general contractor to ensure protection of all persons and trades at the
site.
3.3. Temporary Facilities: Provide and maintain temporary decontamination units, equipment
storage and waste storage in an effective and clean manner in accordance with Federal, State
and Local regulations. All shall be posted with required labeling to identify any related hazards.
r' 01060-1
3.4. Barricades: Marker tape, hazard posting signs, walkways, fences, and other structures
required byFederal, State Regulations and Local ordinances. Leave access to fire hydrants and
protect public and adjacent property at all times. Post proper signs at all entrances and comply
with all other safety precautions including applicable provisions of the National Occupational
Health and Safety Act (NOSHA) 1970. Contractor will be held liable for damage to property _
or persons.
3.5. Asbestos Hazard Signs: The contractor shall post hazard warning signs in a manner
sufficient to alert workers of hazard. —
4. REFERENCED STANDARDS:
4.1. General: Contractor shall comply with all reference documents. Regulations, standards,
terms and definitions shall be accepted into specifications by reference, and shall be enforced as
such.
4.2. Definitions and Terms: Texas Asbestos Health Rules (TAHPA) TAC 295.31-295.71 22
September 1994: Terms, standards and definition used in these specifications are as outline in
TAC 295.32
4.3. American National Standards Institute (ANSI) Publications:
4.3.1. Z9.2-79 Fundamentals Governing the Design and Operation of Local Exhaust
Systems.
4.4. American Society for Testing and Materials (ASTM) Publications:
4.4.1. E-849-82 Safety and Health Requirements Relating to Occupational Exposure to
Asbestos.
4.5. Code of Federal Regulations (CFR):
4.5.4. 29-CFR-1910.134: OSHA Respirator Requirements.
4.5.2. 29-CFR-1926.58: Safety and Health. Regulations for Construction; Asbestos,
Tremolite, anthophyllite, and actinolite.
4.5.3. 29 CFR-1910, 1915, and 1926 et. al.: Occupational Exposure to Asbestos Final
Rule. 1926. 1101
4.5.4. 29 CFR 1928&1926.100-106 Personal Protective Equipment
4.5.5. 29 CFR 1926.56 Illumination
4.5.6. 29 CFR 1926.32 OSHA Competent Person on job site. Ammended in 1926.1101
4.5.7. 34-CFR-231, Appendix C: Procedures 'for Containing and Removing Building
Materials Containing Asbestos.
01060-2
4.5.8. 40-CFR-61: National Emission Standards; Subpart A, General and Subpart K
National Emission Standards for Asbestos.
4.5.9. 40-CFR-61.145: Standards for Demolition and Renovation
4.5.10. 40-CFR-260-265: Various EPA regulations implementing RCRA (Resource
Conservation andRecovery Act). Waste disposal.
4.5.11. 40-CFR 763 and Appendices: AHERA regulations
4.6. TDH Texas Department of Health and Occupational Safety Rules:
4.6.1. 25 TAC 295.31 thru 295.71, "Texas Asbestos Health Protection Rules. (TAPHA)
4.7. TNRCC: Texas Natural Resource Conservation Commission Regulations:
4.7.1. 31 TAC 101.28 Asbestos Notification Fees, updated 9/l/93. TNRCC regulations.
5. TEXAS LABOR CODE,
5.1. The contractor shall comply with the Texas Worker's Compensation Commissions- Rule.
110.110 (d) (7) * requireing posting of Notice 8 on each project site informing . all persons
providing services on the project that they are required to be covered by workers
compensation insurance.
5.1.1. The posting must be in spanish and english.
5.1.2. Be clearly printed and displayed at each project site.
5.1.3. State how a person may verify current coverage and method to report failure to
provide coverage.
6. CITATIONS -REGULATORY VIOLATIONS
6.1. Any citations issued or regulatory violations assessed on this project will be promptly
reported to the Engineer, Consultant, and Owner.
6.2. Any fines or penalties by a regulatory agency shall become the responsibility of the
contractor.
6.3. Penalties or fines assess to the owner, Engineer, or Consultant will be deducted from the
contractors final payment.
END OF SECTION 01060
01060-3
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SECTION 01100 - SPECIAL PROJECT PROCEDURES
1. SITE AVAILABILITY:
1.1. Contractor shall coordinate with Engineer to determine the available areas for parking,
materials storage, etc. All construction support activities must be confined to this area.
1.2. The construction site will be available for construction operations as stipulated elsewhere
in the specifications The exact time to be established in the contractors "Notice to Proceed",
and at the Pre -construction Conference.
' 2. SITE SECURITY:
2.1. Contractor shall provide adequate warning signs to warn building occupants of
{ approaching dangers of construction and asbestos hazards. Post initial barrier tape stating
"CONSTRUCTION AREA, KEEP OUT" which will be breached before reaching asbestos
specific warning signs. Post barrier at locations to adequately warn building occupants and
r provide a secured area for workers.
2.2. The contractor shall be held responsible for securing the job site at the end of the
workday. This shall include building/work area security, control of water and electricity used
on site.
3. COMPLETION DATE:
3.1. It is the responsibility of the Contractor to meet the completion datelschedule specified.
Poo Failure to meet the scheduled date may activate any Liquidated Damages provisions of the
Agreement, and such damages shall continue until substantial completion of the project is
achieved.
3.2. In the event the contractor fails to meet the contract completion schedule. The additional
costs for labor, and material incurred by the owner for the services of the Engineer\Air-
monitoring firm, consultant, or other trades may, at the Owners discretion, be deducted in full
from the contractors contract amount or payment.
3.2. L The contractor shall not construe this deduction as a penalty by the Owner to the
contractor for failure to meet contract conditions, rather a compensation for additional
expenses incurred.
4. OWNER OCCUPANCY:
4.1. The owner reserves the right to occupy the space or install equipment as necessary to
conduct other non asbestos related construction, repair or remodel work, either by Owner or
other trades, in areas of the building in which all asbestos abatement work and decontamination
procedures have been completed and passes clearance testing requirements for occupancy.
01.100-1
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4.2. Occupancy by the owner shall not constitute interference with the contractor's —
performance of the contract. Such placing of equipment or occupancy by other trade or
owners personnel shall not constitute acceptance of the work, or any part of the work.
END OF SECTION 01100
01100-2
SECTION 01200 - PROJECT MEETINGS
1.. PRE -CONSTRUCTION MEETING:
1.1. Before any construction work is started, Contractor shall meet with the Owner's
representative and Architect/Engineer to discuss methods and procedures to be followed
during the construction period.
2. PROGRESS MEETINGS:
2.1. Contractors and SubContractors shall meet at the buildin* site or at some other
designated meeting place at such interval as necessary to maintain an optimum degree of
communication for the progress of the work.
END OF SECTION 01200
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01200-1
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SECTION 01500 - CONSTRUCTION FACILITIES
1. GENERAL:
pow 1.1. The owner of the facility extends the use of his facility to the contractor in the good faith
the contractor will use care and all precaution to prevent damage to the facility. The owner is
unaware of any existing damage to his facility. Beforecontract or begins any work in the
facility the contractor shall inspect the area and fiunish to the Consultant/Engineer a completed
r list of any existing damage discovered before any work under this contract has started.
Damage discovered after work has begun with be assumed as caused by contractor.
r- 1.2. The contractor is reminded of the possible presence of other asbestos containing materials
F outside the scope of the contract. The contractor shall remain solely responsible for the safety
of workers and sub -contractors, and shall take all precautions for their safety.
1.3. The contractor shall upon discovery of suspect ACM materials take what actions are
necessary for protection of the work place and all personnel of the project, until the
determination can be made as how next to proceed.
1.3. L The contractor shall report to the Consultant/Engineer all such findings promptly.
The Consultant/Engineer will determine the proper course of actions (ie sampling, testing,
etc) and advise the owner and contractor of any changes to be made.
1.3.2. IN NO EVENT SHALL THE. CONTRACTOR DISCUSS SUCH MATERIALS
WITH ANY PARTIES OTHER THAN THE CONSULTANT/ENGINEER
2. USE OF EXISTING FACILITIES:
2.1. The owner extends to the contractor the privilege of using the existing water, electricity,
heat, and toilet facilities during the project.
2.1.1. The contractor shall not utilize any of the Owner's private phones, office equipment,
kitchen equipment, or any areas of the building for lodging.
2.2. Electrical: Comply with all applicable standards including but not limited to NEMA,
NECA, and all UL Standards for materials and electrical services.
2.2.1. Temporary power. The contractor shall provide service temporary panels with
proper sized over current protection device. Ensure all electrical work complies with NEC
(National Electrical Code).
01500-1
2.2.2. Ground fault: The contractor shall provide receptacle outlets with ground fault
interrupters, RESET BUTTON and lights for connection to power equipment.
2.2.3. Electrical cords: The contractor shall provide electrical cords with of good quality
and UL approved. Use single length of cord run overhead, if addition length of cord is
necessary provide water tight connections. In work areas leave cords exposed to allow for
visual inspection.
2.2.4. Lights and Lighting: Where and when required the contractor shall provide for safe
working conditions. Provide general service incandescent lamps. provide weather covers for
exposure to water and breakage, with proper candle power for lighting.
2.2.5. Temporary wiring: Comply with NEC. For power tools and lighting provide J-boxes
with four gang outlet, provide a separate circuit breaker for each four gang out let.
2.3. Water: Connect to approve existing water outlets. The contractor shall at completion of
project remove connections and restore to original condition.
2.3.1. Water hoses: Provide heavy duty hoses with a pressure rating greater than that of
the source. Provide connections at source and at decon unit with leak tight connections.
2.3.2. Water heater: The contractor shall provide a water heater for the decon unit, and
comply with NEMA, NECA, and UL standards for connections to power source.
2.4. Toilets: Contractor shall utilize the toilets at the nearest location to work areas.
2.4.1. Toilets shall be used by workers whom have been decontaminated and are in street
clothing. ,
2.5. The owner reserves the right to refuse the contractor the use of any of the utilities
services mentioned above. The owner expressly states that the right to refuse use may be
exercised for any reason. The owner shall not be responsible for explanation of such actions.
2.5.1. In the event of such refusal the contractor shall immediately notify and submit
alternate plan for obtaining utilities.
3. TEMPORARY FIRE PROTECTION:
3.1. Contractor shall provide for and pay for all cost associated with fire protection on this
project.
3.2. Fire extinguishers: Provide types, sizes; number, and locations as would be reasonably
effective for extinguishing fire in early stages by personnel on site. Provide type A extinguisher
at areas with low potential. for electrical or grease fires. Provide ABC dry chemical
extinguisher at other locations; comply with recommendations of NFPA No. 10. Post warning
01500-2
signs and quick instructions for use at each extinguisher location, instruct workers on proper
r., use and locations before beginning project.
3.3. Emergency numbers: Contractor shall post phone number of local fire department at most
visible location before work has begun.
4. SCAFFOLDING AND LADDERS:
r"` 4.1. Contractor shall provide his own scaffolding and ladders as necessary for the performance
0 of his trade. All such shall be erected, installed to afford safety and protection to workers and
work areas. Scaffolding and ladders shall comply with OSHA and other standards. Equip rungs
r- and surfaces with non-skid surfaces, and provide base footings with protection to eliminate
damage to poly surfaces, flooring or covered surfaces.
�., 4.2. Installation of all equipment shall be subject to Owner and Consultant/Engineers
approval.
S. REMOVAL OF TEMPORARY EQUIPMENT:
5.1. When temporary equipment is no longer required the contractor shall completely remove
equipment from job site, and repair\ replace any materials, equipment or surfaces damaged in
the installation or removal.
6. SIGNS:
6.1. No contractor advertisement or signs will be allowed on project site.
7. ACCESS TO SITE AND PROTECTION:
7.1. The contractor shall confine all activities to the areas.assigned to him in the project pre -
construction meeting, and in no -way obstruct other parts of the building or building operations.
7.2. The contractor shall provide for storage of equipment in a manner with will not impair
safety, or impair traffic flow in work areas.
7.2.1. The contractor shall properly and effectively store all equipment furnished by him
after it's uses and decontamination. Store in a manner which will. not impair safety, or impair
traffic in the area.
8. CLEANING-.
8.1. The contractor shall be responsible for the prompt removal and disposal of all debris and
trash generated during the project. All scrap lumber, boxes, poly and trash shall be removed
from the building at the end of each shift. All occupied areas shall be broomed clean and
restored to original condition at end of each shift.
01500-3
8.2. In the event the Owner\Consultant/Engineer is fined for the illegal discharge\disposal or —
lack of action by contractor of generated waste materials, the Owner may withhold from the
contractor final pay request an amount equal to triple the amount of fine(s).
END OF SECTION 01500
01500-4
SECTION 01600 - MATERIAL AND EQUIPMENT
1. GENERAL:
r.. 1.1. Materials and Workmanship: Unless otherwise specified, all materials shall be new, of the
best grade and kind specified. Workmanship shall be of the best recognized standards known
to the various trades.
1.2. Transportation and Handling: Methods of crating, transportation, and handling of
materials and equipment, on or off the site, shall be in accordance will Federal, State and Local
regulations.
! 1.3. Storage and Protection: Protect work,. materials, equipment as to provide for building
occupants protection, and not impair traffic to work area.
} 2. ON -SITE STORAGE:
2.1. Abatement materials used on site shall be stored in a manner which allows for safe exit
from the work area.
2.2. Poly boxes, suit boxes, hoses, extention coards, ladders and any addition equipment hall
be placed out of site or stored in the contractors vehical or trailer.
2.3. The contractor shall not store bagged ACM in the building.
END OF SECTION 01600
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SECTION 01700 - PROJECT CLOSEOUT
1. COMPLETION OF CONTRACT:
1.1. The Contract will be considered fulfilled with the exception of any maintenance
stipulations, bond, or by law, when all work is complete, final inspection has been made, final
acceptance and final payment by the Owner.
2. USE BEFORE COMPLETION:
2.1. Sections or portions of the work considered by the Owner to be in suitable condition may
be put to use. Usage of any portion of the work will not be. considered as acceptance of the
Work by Owner. Contractor shall repair or remove any portion of the work that is defective
due to materials or workmanship at his expense.
3. GUARANTEES, BONDS AND AFFIDAVITS:
3.1. Contractor shall and does warrant and/or guarantee all work for a period of one year
from date of completion as evidenced by certificate of Final Acceptance.
3.2. This provision shall not be considered as conflicting with stated guarantees of longer
periods.
r 3.3. The guarantees imply and require that faulty materials, workmanship or errors be
promptly corrected by Contractor without cost to the Owner.
t.. 4. CLEANING, ADJUSTING, AND OPERATION:
4.1. The Project shall be left free of debris, construction equipment, and surplus material, with
all surfaces clean and ready for use by the Owner.
4.2. Contractor will be charged with the ultimate responsibility to see that building, grounds,
are thoroughly cleaned before final acceptance of the project. Final cleanup includes, but is not
limited to the following:
4.2.1. Removal of all tape marks and soil from all exposed surfaces.
4.2.2. Removal of all litter, trash, debris, temporary fences, barricades, temporary
construction facilities, and waste from the site, leaving the site and premises in an orderly
and clean condition.
01700-1
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4.3. The project shall be turned over to the Owner free of concealed garbage, trash and rodent
infestation. If any of these are revealed, or odors from them occur, they shall be removed by
the Contractor at his expense.
S. RESTORATION:
5.1. Restore areas provided for construction work purposes, including access drives, to their
original condition. Replace damaged curbs, sidewalks, and pavement. Resod/replant all grasses
and planted areas where damaged during construction phase.
5.2. Entire construction site and adjacent affected areas shall be restored to conditions
acceptable to the Owner. --
6. "SUBSTANTIAL COMPLETION" INSPECTION:
6.1. Contractor shall request Architect/Consultant make a final inspection for certification of
Final Acceptance and Payment.
6.1.1. Contractor shall notify Architect/Consultant at least one week in advance of
requested inspection date.
6.2. Before requesting Architect/Consultant's inspection for certification of Substantial _
Completion for all or portions of the work, the Contractor shall accomplish the following:
6.2.1. Complete the removal of all asbestos -containing materials.
6.2.2. Complete the removal of all containment materials.
6.2.3. Complete installation, re -installation of any lights, ceilings, insulation, etc. as called
for in other sections of these specifications.
6.2.4. Deliver all ACM materials to appropriate dump site with in a reasonable time period.
6.2.5. Discontinue and remove from site temporary facilities and services; construction
tools, and similar elements. _
6.3. Inspection Procedures:
6.3.1. Upon receipt of Contractor's request, Architect/Consultant will either proceed with
inspection or advise Contractor of prerequisites not.fulfilled.
6.3.2. Following the inspection, Architect/Consultant will compile a "Deficiency List". This
list shall consist of the .items which must be corrected before the project can be certified
complete.
01700-2
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6.3.3. Following the inspection the Architect/Consultant shall either prepare a "Certificate
of Substantial Completion' or advise Contractor of Work.which.must be completed before
certificate can be issued.
7. "FINAL ACCEPTANCE" INSPECTION:
7.1. Contractor shall request Architect/Consultant make afinal inspection for certification of
Final Acceptance and Payment:
7.2. Contractor shall submit the following with his request for final inspection:
7.2.1. Final Payment Request with any changes to Contract Amount indicated.
7.2.2. A copy of Architect/Consultant's deficiency list and a statement that each item has
been completed or corrected.
7.2.3. Two copies of project manual,
7.3. Inspection Procedure:
7.3.1. ' Upon receipt of Contractor's request and other items mentioned above,
4 Architect/Consultant and representatives of the Owner and Contractor willre-inspect the
work.
7.3.2. Upon completion of re -inspection, Architect/Consultant will either prepare
certificate of final acceptance, advise .Contractor of work not' completed, or advise
Contractor that the Owner has elected to make conditional acceptance of the work.
7.3.2.1. Conditional acceptance shall relieve the Contractor of responsibility for
maintenance, security and insurance on the work.
7A. Contractor will still be responsible for performing all the work of the Contract including
r" correction of all deficiencies.
7.5. The Owner shall be entitled to retain from the Contractor's payment an amount
commensurate with the work remaining to be accomplished.
8. CLOSE-OUT PROJECT MANUAL:
8.1. Presentation of Data: Where possible data shall be presented on 8 112 X 11 sheets.
8.2. Submit the following:
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8.2.1. Contractors license.
8.2.2. The list of major subcontractors on AIA Document G805.
8.2.3. Certificate of Insurance, AIA Document G705.
8.2.4. Superintendent and Foreman Data:
8.2.4.1. Supervisor Training certificates,
8.2.4.2. Licenses,
8.2.4.3. Experience Record.`
8.2.5. Workman Data: —
8.2.5.1. List of Men assigned to project,
8.2.5.2. Training certificates,
8.2.5.3. Licenses,
8.2.5.4. Medical Examinations.
8.2.6: Respiratory Program:
8.2.6.1. Copy of Contractor's respiratory protection program,
8.2.6.2. Name of person on site who will be responsible for the enforcement of
respiratory program,
8.2.6.3. Employee "fit -test" records for assigned respirators.
8.2.7. Notifications to regulatory agencies.
8.2.8. Daily work log:
8.2.8.1. record of daily activities,
8.2.8.2. daily worker log,
8.2.8:3. daily log of personal protective equipment used,
8.2.8.4. record of daily personnel monitoring,
8.2.8.5. record of containmgnt differential pressure.
8.2.9. Visitation log. _
8.2.10. Original, executed waste manifest.
8.2.11. Written guarantees.
8.2.12. Contractor's Affidavit of Release of Liens.
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END OF SECTION 01700
01700-4
SECTION 02020 - GENERAL ASBESTOS ABATEMENT PROCEDURES
1. DESCRIPTION OF WORK:
1.1. Remove and disposal of asbestos -containing materials and abatement supplies.
1.2. Perform all activities necessary to reduce airborne concentrations of asbestos to the
specified asbestos control limits during the life of the contract.
1.3. Cooperate with and assist Owner's Asbestos Consultant in the performance of the
Consultant's stated duties.
° 2. OUALITY ASSURANCE:
2.1. Contractor Qualifications: The Asbestos Abatement Contractor shall be a firm of
established reputation (or if newly organized, whose personnel have previously established a
reputation in the same field), which is regularly engaged m, and which maintains a regular force
of workers skilled in asbestos abatement, and shall have performed this work on previous
npects for a period. of not less than three (3) years. See "Submittals" paragraph for
ormation which must be submitted and approved.
2.2. Licensing: Contractor, contractor's supervisor, and all employees shall be licensed by the
state.
2.3. Medical Examinations: All workers shall have been examined as required by OSHA
regulations within the past twelve months.
3. FINES:
3.1. It is the contractor's responsibility to conduct abatement operations in accordance with
the notification as submitted to Texas Department of Health. This includes starting and
stopping abatement on the appropiate dates, working the appropriate hours of the day, etc.
3.2. Fines levied against the Owner or the Engineer for failing to work during the time periods
r' stated in the notification shall be deducted from the Abatement Contractor's final payment.
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4. PREPARATION:
4.1. Isolate each work area for the duration of the work by completely sealing off (where
possible) all openings and fixtures in the work area, including but not limited to, heating and
ventilating ducts, doorways, corridors, windows, and lighting. Cover with plastic sheeting
taped securely in place.
02020-1
4.2. Before the work is begun clean all removable items and equipment. Remove them from
the work area and store as directed.
4.3. Post warning signs and labels as required by AHERA and 29 CFR 1926.58, ASTM E
849, and as directed by the Owner or Engineer.
S. GENERAL ABATEMENT PROCEDURES:
5.1. General Procedures: Perform all asbestos related work and comply with 29 CFR 1926.58
and 29 CFR 1910.20, 40 CFR 763 (AHERA), etc: Use general work practices as specified in
34 CFR Part 231, Appendix ' C, ASTM E 849, and other appropriate work procedures
approved by Environmental Protective Agency (EPA).
5.2. Work shall not be conducted without Consultant's representative being on the project
site.
5.3. Coordination of Work of All Trades: Coordinate the work of all trades , to assure that
their work is performed in accordance with applicable regulations.
5.4. Perform complete cleanup of work space prior to beginning abatement: _
5.5. Wipe Down Prior to Clearance Sampling: Once all ACM has been removed completely
wipe down the entire work area. At the end of this wipe -down take clearance samples. See
section "Clean -Up and Disposal" for details of final cleanup.
5.6. Notify Upon Completion of Removal: Notify Engineer or his authorized representative
(air monitoring personnel) that gross removal is completed and have the work assessed. --
5.6.1. NOTE: IT REMAINS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO
REMOVE ALL ASBESTOS CONTAINING MATERIALS. THE AFOREMENTIONED
ASSESSMENT BY THE ENGINEER'S/OWNER'S AIR MONITORING PERSONNEL
IS PERFORMED TO HELP EXPEDITE THE WORK, BUT IN NO WAY TRANSFERS
THE RESPONSIBILITY FOR DISCOVERING ALL ASBESTOS TO THE
OWNER/ENGINEER'S `REPRESENTATIVE. In the event some ACM is discovered _
subsequent to the above -mentioned assessment, it shall be removed at the Contractor's
expense
6. ASBESTOS CONTROL LIMITS DURING ABATEMENT:
6.1. General: Contractor shall ensure that the asbestos control limits are maintained at all
times inside and outside the asbestos work area.
6.2. Inside Asbestos Work Area: Airborne concentrations of asbestos shall not exceed 0.1
fibers per cubic centimeter of air (8-hour time weighted average).
02020=2
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6.3. Outside Asbestos Work Area: Airborne concentrations of asbestos shall not exceed 0.01
fiber per cubic centimeter of air (8-hour time weighted average) This applies to all areas in
the building (except for the asbestos work area) both while work is in progress and after final
clean-up and clearance.
6.3.1. In cases where the "outside work area" levels are above 0.01 fibers per cubic
centimeter, the "baseline" levels of those areas shall become the new control limits for
"during" and "final clearance" levels.
7. ACTIONS TO TAKE IF CONTROL LIMITS ARE EXCEEDED:
7.1. If either "personnel" or "area" monitoring indicates asbestos concentrations are greater
than the stated asbestos control limits, stop all work and notify the Engineer immediately.
7.2. No further work may be performed until the conditions causing the excessive levels is
corrected.
S. DISPUTES IN FIBER TYPE:
8.1. The follow procedures will be enforced to resolve any disputes in fiber amounts, or fiber
types.
8.1.1. Air samples will be secured by the Consultant for TEM analysis.
8.1.2. The cost for analysis of the samples and for the technician's time (in collecting,
shipping, etc. the samples) will be -back-charged to the contractor, regardless of the results
of the TEM-analysis.
8.1.2.1. The cost of such analysis/sample collection will be deducted from the
Contractor's final payment.
9. FINAL CLEARANCE SAMPLING:
9.1. Overview: Final clearance sampling will be conducted to determine that the airborne fiber
C concentration in the work area is below either 0.010 fibers per CC or the baseline level
(whichever is appropriate).
9.1.1. The Consultant will determine which concentration -level is appropriate.
9.1.2. All final clearance samples must be at or below the stated level. Otherwise the test
will be declared a failure and the Contractor instructed to conduct additional cleaning.
9.2. Sample Collection Procedure: Final clearance sample will be collected while using
aggressive sampling methods, using an electric powered leaf blower.
02020-3
9.2.1. Before sampling pumps are started leaf blower will be swept over all horizontal --
surfaces, walls, ceilings, and floors. If necessary 20 inch box fan will be used for the
suspension of fibers for the duration of the sampling period.
10. CLEAN UP AND DISPOSAL:
10.1. Clean work area and dispose of containment and bagged ACM materials..
10.2. Cost of disposal shall be included in bid.
11. PROJECT CLOSE OUT AND FINAL PAYMENT:
11.1. Submit necessary documents and assist owner/engineer during final inspection.
END OF SECTION 02020
02020-4
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SECTION 02032 - ASBESTOS CONSULTANT AIR MONITORING
AND LABORATORY SERVICES
1. CONSULTANT'S AIR SAMPLE DUTIES:
1.1. General:
1.1.1. The Owner's Consultant will be collecting and analyzing air samples on -site.
L 1.2. The Consultant will monitor both the outside -containment environment and also the
work -area to record environmental conditions during abatement.
1.1.3. The Consultant will be read the Contractor's "personnal" samples.
1.2. Sample Collection Locations:
1.2.1. Base line: The Consultant will monitor airborne fiber counts before any abatement
work is started.
1.2.2. Outside Work Area: The Consultant will monitor airborne fiber counts outside the
work area during periods that abatement is being conducted.
1.2.3. Inside Work Area During Abatement: The Consultant will monitor airborne fiber
counts in the work area.
1.2.4. Personnel Air Monitoring:.
1.2.4.1. The Consultant will monitor the airborne concentration of asbestos at the start
of each new work activity.
1.2.4.2. The Consultant will monitor workers continuously during the course of the
work inside the asbestos work area.
2 _RESPONSIBILITY FOR UPGRADING RESPIRATORY PROTECTION:
2.1. The Abatement Contractor acknowledges that he/she is exclusively responsible for the
protection of his/her workers and will take whatever actions and precautions are necessary to
determine that respiratory protectiion equipment is adequate for the current conditions.
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02032-1
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2.2. The Abatement Contractor agrees to hold the Consultant harmless regarding respiratory
protection equipment.
3. CONTRACTOR'S RESPONSIBILITIES:
3.1. The Asbestos Abatement Contractor shall cooperate with and assist the Asbestos
Consultant in performed the duties stated herein.
3.2. Personal Samples:
3.2.1. The Contractor shall provide portable -pumps for collecting personal -samples.
3.2.2. The Contractor shall provide sufficient pumps to satisfy regulatory requirements (a
minimum of one pump per fourworkers).
3.2.3. The Contractor shall daily determine which worker(s) will wear the pumps for that
work day. The personal pumps shall be wore by the worker(s) in the most -contaminated
environment.
3.3. The Contractor shall assist the Consultant in performing the above mentioned.duties.
3.4. When necessary, the Contractor shall provide electric power for the Consultant's use (for
air pumps, laboratory equipment, etc.).
3.5. The Contractor shall provide personal a uipment to enable the Consultant to enter the
containment (disposal clothing, respirators, etc.
3.5.1. The Consultant shall be free to enter the containment as frequently as the Consultant
deems appropriate.
3.6. The Contractor shall respgnd to Consultant's instructions in the event high fiber _
concentrations are detected.
3.6.1. Contractor shall make the necessary changes to abatement procedures (improve
engineering -controls, upgrade respiratory protective gear, etc.) as appropriate.
3.6.2. The Contractor shall upgrade respiratory protection equipment as necessary.
3.6.3. In the event the Consultant believes the Contractor's actions are unacceptable, the
Consultant shall instruct the Contractor to stop all abatement ' activities. The Contractor
shall comply immediately by removing workers from the abatement area; leaving HEPA
fans running and scheduling a meeting with the Consultant to resolve the issue.
END OF SECTION 02032
02032-2
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SECTION 02040 - ASBESTOS CONSULTANT
INSPECTIONS SERVICES
1. OVERVIEW
1.1. This section describes the inspection services to be conducted by the Owner's Consultant
and the manner in which the Contractor shall coordinatelfacilitate these services.
2. ABATEMENT CONTRACTOR'S REOUIREMENTS:
2.1. The Asbestos Abatement Contractor shall cooperate with and assist the Asbestos
Consultant in performed the duties stated herein.
2.2. The responsibility for compliance with any Federal, State, or Local regulations shall
r^ remain SOLELY the responsibility of the Contractor. This responsibility shall NOT shift to
either the Consultant or the Consultant's Representative regardless. of the outcome of any
inspection described herein.
2.3. The Contractor shall provide personal equipment to enable the Consultant to enter the
containment (disposal clothing, respirators, etc.).
2.3.1. The Consultant shall be free to enter the containment as frequently as the Consultant
deems appropriate.
3. EXTENT OF CONSULTANT OBSERVATION AND INSPECTION ACTIVITIES:
3.1. General: The Consultant shall observe Abatement Contractor's actions to determine
compliance with plans and specifications.
3.1.1. The inspections are not to be construed by the Contractor as a delay in work.
3.2. The Owner's Consultant will be acting as the Owner's on -site representative during the
project.
4. INSPECTION-1, ON -SITE SUBMITTAL REVIEW:
4.1. General: Before any work is allowed to begin the Consultant shall review all submittals
with the Contractor's on -site "Competent Person".
4.1.1. See Specification section titled "Submittals" for information which must be
submitted.
02040-1
4.1.2. NO WORK WILL BE PERFORMED UNTIL SUBMITTALS HAVE BEEN
REVIEW ON -SITE AND ALL DEFICIENCIES ARE CORRECTED.
4.1.3. Copies of all submittals shall be maintained on -site throughout the project.
5.1. Inspection of the work area, work area containment, and equipment and supplies shall be
conducted by the Consultant before removal of asbestos containing materials begins.
5.2. Any discrepancies will be corrected by the contractor prior to the beginning of removal.
BATEMENT 1
6.1. Multiple inspections of the containment, work area, etc. will be conducted by the
Consultant at random intervals during the removal -period to ensure that work is proceeding in
accordance with contract documents.
6.1.1. Any deficiencies will be corrected by the contractor immediately.
6.2. Inspections of the containment, work area, etc. will also be conducted by the Consultant
after removal is complete but prior to application of encapsulates.
6.2.1. Remove any residual ACM prior to applying encapsulation. Any re -cleaning will be
the contractor's expense.
6.2.2. It remains SOLELY the contractor's responsibility to remove all ACM materials.
The aforementioned inspection in no way transfers the responsibility for discovering all
ACM to the Consultant.
7. INSPECTIONA POST -ABATEMENT CLEARANCE INSPECTION:
7.1. Inspection shall be accomplished prior to removal of any poly sheeting.
7.2. After final cleaning of the containment area, the Consultant shall conduct a final visual
inspection of all surfaces in the containment area. If no ACM is discovered Consultant will
collect clearance samples while using "aggressive" air sampling techniques.
7.3. Failed clearance sampling will require re -cleaning of the containment area and re -
sampling. Second sampling test will be classified as a re -test and backcharged to the contractor
(the cost of such re -sampling will be deducted from the Contractor's final payment).
02040-2
8. INSPECTION-5, FINAL INSPECTION:
8:1. A final inspection will be conducted of each work area after the contractor has removed
the containment, critical barriers, and all equipment for the area.
8.2. A Punch List will be issued to the contractor for any items requiring correction or
completion. Punch List items shall be promptly completed by the contractor and resubmitted
for the Consultant's approval.
END OF SECTION 02040
02040-3
SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION
PART 1- GENERAL
1. DESCRIPTION OF WORK:
L L This section describes the equipment and procedures for protection of workers against
asbestos contamination.
1.2. These methods are the minimum acceptable, the contractor shall be responsible for
adapting these standards to comply with current regulations, and trade practices.
2. REFERENCES:
2.1. General: The following standards are made ,a part of the contract documents by reference
and shall be enforced as if they were written into the specification in their entirety. The listed
standards shall be "minimum acceptable"; comply with more stringent requirements of these
specifications where such requirement exists.
2.1.1. ANSI: ANSI-Z 180.2, Practices for Respiratory Protection.
2.1.2. OSHA
2.1.2.1. 29-CFR-1910.134 Respiratory Protection
2.1.2.2. 29-CFR-1910.1001 Asbestos
2.1.2.3. 29 CFR-1910.1926 Construction Industry
2.1.2.4. 29 CFR-1910.1200 Hazard Communication
2.1.3. AHERA
2.1.3.1. 40 CFR part 763 and appendix's
3. QUALITY ASSURANCE:
3.1. Respiratory Protection Program: The contractor shall comply with ANSI Z288.2-1980
"Practices for Respiratory Protection" and OSHA 29 1910 and 1926, and specified
requirements.
02050-1
3.2. The contractor shall enforce company program and ensure respiratory protection is used
by all employees any time workers are in. work area, regardless of activities performed or
airborne fiber counts.
3.3. The contractor shall instruct and train all employees in the proper use, inspection and
cleaning of respirator.
3.4. The contractor shall assure all employees wear the proper respiratory protection for the
fiber level encountered in the work place. -
3.5. If found to be in violation of 29 CFR 1926.1101 the Contractor shall cease all `work
immediately and remain so until the violation is corrected. Standby time required to resolve the
violation shall be at the Contractor's expense.
PART 2 - EQUIPMENT --
4. PROTECTIVE CLOTHING:
4.1. Coveralls : Provide disposable full body hooded polyolefin or polypropylene suits. Spun
poly suites are acceptable.
4.2. Foot wear: Provide rubber boots for workers and inspectors.
4.3. Gloves: Provide water -proof glove for all workers and inspectors.
5. RESPIRATORY PROTECTION EQUIPMENT:
5.1. Respirators used shall be approved by the Mine Safety and Health Administration
(MSHA) and the National Institute for Occupational Safety and Health (NIOSH) for use in
atmospheres containing asbestos fibers.
5.2. Respirator requirements:
5.2.1. Each respirator shall have a unique identification number.
5.2.2. Each respirator shall have a label which identifies the hazard for which the respirator
is designed and which indicate the limitations -of -use.
5.2.3. Each respirator shall be provided with manufacturer's literature which shall shall
identify the component and available replacement parts.
5.3. Respirator Protection Factors: All respirators shall have .at least the following protection
factors:
02050-2
4
Respirator
Type
Protection
Factor
Half -Mask Air Purifying
10
Negative Pressure Full Face
10
Powered -air, full face APR
50
Pressure demand type C
100
5.4. Filter Cartridges: The contractor shall provide as a minimum, HEPA type filters labeled
with NIOSH and MSHA certification for "Radionuclides, Radon Daughters, Dusts, Fumes,
Mists, including Asbestos Containing Dusts and Mists, and color coded in accordance with
ANSI Z228.2 (1980)
5.5. Organic Cartridges: The contractor shall provide as necessary NIOSH and MSHA
approved cartridges for all chemical or vapors they may encounter.
PART 3 - EXECUTION
6. PROTECTIVE CLOTHING REQUIREMENTS:
r., 6.1. All personnel (workers, inspectors, etc.) shall wear full body suites, gloves and rubber
boots whenever in the work area.
6.2. No protective clothing shall be worn outside the work area.
4 6.3. Contractor shall provide sufficient number of changes for all workers and inspectors on
r the project.
7. MINIMUM RESPIRATORY REQUIREMENTS:
7.1. The minimum respiratory requirements for this project are as follows:
Activity
Contamination
Level
Minimum Respiratory
E ui ment
Prep Work
less than 0.01 f/cc
none required.
Abatement
less than 0.1 f/cc
Half -face
Abatement
0.1 to 0.5 f/cc
Full -face or PAPR
Abatement
above 0.5 f/cc
Coordinate with consultant
Glovebag
less than 0.1 f/cc
Half -face
Bag -Out
less than 0.1 f7cc
Half -face
8. DECONTAMINATION OF WORKERS:
02050-3
8.1. All workers shall decontaminate through a three stage (wet) decontamination unit prior to
exiting the work area.
_ r
8.1.1. Workers shall exit work area in suit and respirator then proceed to decontamination
unit.
8.1.2. Workers shall enter decontamination unit through equipment room.
8.1.3. Workers shall remove suit while in equipment room and shall place suit in disposal
bag.
8.1.4. Workers shall shower while wearing respirator.
8.1.5. After showering worker shall exit to clean room where they shall dress in standard
clothing. _
9. RESPIRATORY PROTECTION PROCEDURES:
9.1. General: Respiratory protection will be required in all work areas and. during all phases of
project, including, but not limited to the following:
9.1.1. -critical prep work,
9.1.2. -asbestos removal,
9.1.3. -waste load out,
9.1.4. -decontaminating of worker and work area.
9.2. Respiratory protection for workers shall be provided by the Contractor as required by
current OSHA regulations.
9.3. Respirators are required from the start of the project until the work area is completely
decontamination and all waste has been disposed and area has been cleared.
9.4. The contractor shall provide a licensed supervisor for the duration of the project to act as
his "Competent Person" as defined by OSHA regulations.
9.5. Upgrading protection: At any time. during the project that airborne fiber concentrations
increase to the point that fiber counts inside the mask would exceed 0.01 fibers/cc all work
shall cease and all workers shall leave the work area until respiratory protection is upgraded
and/or improved engineering controls are implemented.
9.6. Respiratory Protection for Inspection Personnel:
9.6.1. The project shall be subject to on -site inspection by OSHA, EPA, Owner's
Representative, etc.
02050-4
9.6.2. Contractor shall provide clean respiratory equipment for any and all inspectors.
9.6.3. Contractor shall provide throughout the project a complete set of equipment
(respirator and disposable clothing) for the Consultant's personnel.
E]�D OF SECTION - 02050
02050-5
a
SECTION 02070 =CONTAINMENTS
PART 1 - GENERAL
1. DESCRIPTION OF WORK:
1.1. The contractor shall provide a full containment for each work area.
PART 2 PRODUCTS
2. CONTAINMENT MATERIALS:
2.1. Polyethylene sheeting: Provide polyethylene sheeting of 4 mil thickness sized for
application.
2.2. Adhesive tope: Provide adhesive tape in 2" or 3" widths with adhesive formulated to
adhere to poly in hot, humid and wet removal conditions.
2.3. Spray adhesives: Provide spray adhesive formulated for application with poly, and other
surfaces in hot, humid and wet removal conditions.
2.4. Signs: Contractor shall post OSHA required asbestos hazard warning signs and barrier
tape.
2.5. HEPA Filtration Device: Contractor shall provide HEPA filtration device(s) foreach
each
work area. Fans shall be able to maintain 4 air changes per hour in work area.
2.6. Wood Studs: Provide stud -grade 2x4, 2x6, 2x8 etc. pine.
PART 3 - EXECUTION:
3. GENERAL CONTAINMENT PROCEDURES:
3.1. Critical Prep: Cover all ducts, fans, windows, doors, etc. with one layer of 4 mil. poly.
Secure poly with tape, etc. as necessary.
3.2. Containment Walls, Non -Public Areas: Erect containment with one layer of 6 mil poly as
first layer of containment. Apply second layer of 4 mil poly as interior layer for containment.
Poly all walls to form air tight seal in room.
02070-1
3.3. Containment Walls, Public Areas: Erect 8' tall, temporary wood stud walls with 1/4"
plywood surface in areas where high public traffic is expected (on First Floor of Library). Erect
the first layer of the containment by attaching one layer of 6 mil poly to the interior of the
temporary wall. Provide black poly from the top of the temporary wall up to the existing roof
deck. Apply second layer of 4 mil poly as interior layer for containment. Poly all walls to form
air tight seal.
3.4. Containment Walls for Floor Tile Abatement: Provide "splash" protection for walls which
shall consist of one 4' tall layer of 6 mil poly. Provide additional wall poly as necessary to form
air tight seal in room.
3.5. Air Locks: Build double air locks of plastic sheeting at all entrances and exits to the work
area so that the work area is always closed off by one barrier when workers enter or exit.
Position so that all air entering the containment must enter through the air lock.
3.6. Decontamination unit: Unit shall be constructed to provide for equipment room, shower,
and clean room. Attach unit to containment doorway to form air tight seal. Unit may be
constructed of wood, PVC piping or a pre -fabricated unit.
3.6.1. Provide black poly sheilding of shower area for modesty.
3.7. Local Exhaust System: Provide a local exhaust system in the asbestos control area as —
required to meet the asbestos control limit and ceiling concentration. Systems used shall
provide a minimum of four air -changes per hour per work area. The local exhaust system shall
be in accordance with ANSI Z9.2, using high efficiency particulate air (HEPA) filters. Equip
exhaust openings with the necessary filters required to reduce airborne asbestos concentrations
to below the asbestos control limit. Local exhaust equipment must be sufficient to maintain a
negative air pressure in the asbestos control area. Strip recorder or instrument which can
record\document information shall be required. —
3.7.1. 'Exhaust Fans: Connect to containment so that all air enters at either the personnel
air lock or at the "bag -out" air lock. Locate fans so that air generally is moving away from
the two air locks.
END OF SECTION 02070
02070-2
t
f SECTION 02084 - FLOOR TILE REMOVAL METHOD
PART 1- GENERAL
r. 1. DESCRIPTION OF WORK:
1.1. This section describes the removal methods for ACM floor tile.
?_ 1.2. Materials to Be Removed: The following asbestos -containing materials are to be
removed:
1.2.1. ACM floor tile.
1.2.2. Floor tile mastic.
1.3. Remove all such materials within each space starting at the interior surface of the wall.
1.4. Inspect each indicated area to determine the quantity of ACM to be removed.
1.5. It is the Asbestos Abatement .Contractor's responsibility to leave the area indicated in
paragraph "Work Area," free of specified ACM materials, and air -borne fiber counts below
specified levels.
2. QUALITY ASSURANCE:
2.1. Contractor shall visit site and review drawing to determine difficulties involved with
removal of the specified ACM materials.
PART 2 - PRODUCTS:
3. ABATEMENT MATERIALS:
3.1. Wetting agents:. Provide wetting agents for wetting ACM before disturbance, use either
amended water of diluted removal encapsulates.
�- 3.2. Pump sprayer: Provide pump sprayer with capacity of delivering a spray under pressure.
` 3.3. Hand chippers: Provide hand chippers with flat edge for tile removal.
3.4. Mastic Remover: Provide non -toxic low order chemical mastic remove. Petroleum based
products will not be allowed.
r., 3.5. Waste Containers: Disposal bags provide 6 mil disposal bags or sealable drums.
02084-1
3.6. Encapsulant: Provide lock down encapsulants for the encapsulation of fibers following
the abatement. _
PART 3 EXECUTION:
4. PRE -CLEANING OF WORK AREA:
4.1. Prior to beginning any cleaning start Hepa filtration devices and attach decontamination
unit.
4.2. The contractor shall pickup all visible ACM debris scattered in the work area. Bag and
store in waste storage area.
5. REMOVAL OF ACM FLOOR TILE
5.1. General: Removal of ACM floor tile and mastic will be conducted utilizing a wet removal
technique inside a isolated work area, with HEPA filtration.
5.1.1. All preparatory work practices associated with removal of friable asbestos will be
followed for the containment, removal and disposal of ACM floor tile.
5.1.2. All removed material shall be bagged wet and as soon as feasible, material shall not
be allowed to remain un bagged in containment for long periods of time.
5.2. Tile Removal: The removal may be accomplished with hand chippers or a mechanical
chipper if available, control measures will be required to control fiber release.
5.2.1. All removed floor tile shall be placed in barrels, or be double bagged, labeled and
disposed of at end of project.
5.3. Mastic Removal: The contractor shall follow manufacturers instuctions for application
and disposal of mastic.
5.3. L Apply remover in workable areas, allow to activate and dilute mastic. Brush area
with stiff bristle broom to work remover in and loosen mastic. Squeegee surface clean. Bag
waste.
5.3.2. Spot clean remaining edges, cracks, streaks.
END OF SECTION 02084
02084-2
F
SECTION 02085 - SPRAY -ON FIRS -PROOFING REMOVAL METHOD
PART 1- GENERAL
1. DESCRIPRON OF WORK:
1.1. Remove ACM spray -on fire- proofing from structural members.
` 1.2. Inspect each indicated area to determine the quantity of ACM to be removed.
1.3. It is the Asbestos Abatement Contractor's responsibility to leave the area indicated in
paragraph "Work Area," free of specified ACM materials, and air -borne fiber counts below
r specified levels.
i . 2. QUALITY ASSURANCE:
2.1. Contractor shall visit site and review drawing to determine difficulties involved with
removal of the specified ACM materials.
PART 2 - PRODUCTS:
r.
3. ABATEMENT MATERIALS:
3.1. Wetting agents: Provide wetting agents for wetting ACM before disturbance, use either
amended water of diluted removal encapsulates.
3.2. Sprayer: Provide sprayer with capacity of delivering a spray under pressure.
3:3. Waste Containers: Disposal bags provide 6 mil disposal bags for ACM pipe lagging, and
sealable drums forfloortile.
3.4. Encapsulant: Provide lock down encapsulants for the encapsulation of fibers following
the abatement.
PART 3 - EXECUTION:
4. PREPARATION OF WORK AREA:
02085-1
4.1. Remove existing lay -in ceiling and all associated light fixture. Clean all appropriate
components and stock pile outside the abatement area. Items which cannot be cleaned or
which are sufficiently inexpensive shall be disposed of as asbestos waste.
S. PRE -CLEANING OF WORK AREA:
5.1. Prior to beginning any cleaning start HEPA filtration devices and attach decontamination
unit.
5.2. The contractor shall pickup all visible ACM debris scattered in the work area. Bag and
store in waste storage area.
5.3. The contractor shall wash down and wet wipe effected area prior to HEPA vacuuming
same.
6.' REMOVAL IN FULL CONTAINMENT:
6.1. Prior to removal, all affected ACM shall be adequately wet to reduce the spread of fibers
and dust in the work area.
6.2. All ACM removal shall be conducted inside a full containment with HEPA filtration fans,
with a attached decontamination unit.
6.3. The removal shall be conducted by teams. A team shall consist of workers doing the
removal, and workers below bagging waste. The removers shall scrape the dampened - fire
proofing from the structural membersand the workers below shall scoop up the debris. Ensure
only thoroughly -dampened materials are scraped.
6.4. Use a damp cloth or soft bristle brush to remove fire -proofing which does not come off
with scaping-operation. Liberally damper fire -proofing to minimize dust generation.
6.5. At no time shall the removal method allow un-bagged amounts of ACM to accumulate in
the work area.
6.6. All bagged waste bags shall be wiped clean and placed in the waste storage area prior to
the end of that shift.
END OF SECTION 02085
02085-2
�a
SECTION 02090 - CLEAN-UP AND DISPOSAL
PART 1- GENERAL:
1. SCOPE OF WORK:
1.1. This section describes the method contractor will employ for the clean-up and disposal of
work area.
1.2. The cost for the disposal shall be the contractor's expense, and shall be included in the bid
amount.
2. OUALITY ASSURANCE:
2.1. Licenses: The contractor shall be licensed with the State for transporting asbestos.
PART 2 - MATERIALS
3. ASBESTOS CLEANUP MATERIALS:
3.1. Asbestos Disposal Barrels: Provide steel or fiber barrels for waste.
3.2. Asbestos disposal bags: Provide 6 mil disposal bags with proper hazard warning label.
.3.3. Owner's Label: Provide printed 3X5 owner labels for each disposal bag. Label. shall
comply with NESHAP/TAHPA reguirements for asbestos waste.
PART 3 - EXECUTION
4. GENERAL:
4.1. Collect and dispose of asbestos waste, scrap, debris, bags, containers, equipment, and
asbestos contaminated clothing in sealed impermeable bags/barrels.
4.2. Prior to placing in bags/barrels, or containers, wet down asbestos wastes to reduce
airborne concentrations.
4.3. Waste asbestos materials shall be disposed of in accordance with all Federal regulations
implementing the intent of the Resource Act (40 CFR 260-265) at an EPA approved sanitary
landfill.
02090-1
7
4.4. Housekeeping: Essential parts of asbestos dust control are housekeeping and clean-up
procedures.
4.4.1. Maintain all surfaces throughout the work area free of accumulations of asbestos
fibers to prevent further dispersion.
4.4.2. Give meticulous attention to restricting the spread of dust and debris, keep waste
from being distributed over the general area.
4.4.3. Use approved industrial vacuum cleaners with a HEPA filter to collect dust and
small scrap.
4.4.4. The use of compressed air is forbidden.
4.5. Establish a temporary holding area approved by the Engineer for properly packaged
asbestos waste. This area is only to be used during the regular asbestos Contractor's work
hours.
4.6. Contractor shall fill out labels on bags and/or barrels as required by NESHAP regulations.
S. PRELIMINARY CLEANUP AND INSPECTION:
5.1. After abatement is complete the Contractor shall remove all bagged ACM from the work
area prior to requesting preliminary inspection by the Consultant's representative.
5.2. After all ACM materials have been removed, bagged, and transferred out of the
containment the Consultant will inspect the work area to establish that all gross amounts of
ACM have been removed. Visual observation of asbestos materials, dust or debris is, not
permitted on any surface in or around the work area.
5.3. If the Owner's representative feels that all ACM has not been removed, then the
Contractor shall accomplish whatever additional work is required to remove any residual
ACM.
6. FINAL CLEANUP:
6.1. If Owner's representative does not take exception to Contractor's position (that all gross
removal is completed), then Contractor shall proceed to thoroughly wet clean and/or ; HEPA
vacuum the entire work area.
6.2. Clean work area in accordance with EPA approved methods: wet -clean the entire work
area (every, surface, every fixed piece of equipment, every light fixture, etc.), spray with a
sealant, allow to dry. After this first cleaning, wait for dust to settle and repeat the entire
02090-2
F
thorough wet -cleaning process. Following this cleaning notify Owner's representative that the
r.. area is ready for final testing.
7. FINAL CLEARANCE TESTING:
7.1. Upon notification that the area is ready for ready for clearance sampling, Owner's
representative shall perform the clearance air sampling.
8. RE -TESTING FOR FINAL CLEARANCE:
8.1. In the event the work area does NOT pass the first air clearance testing (the
concentration of asbestos fibers is outside stated Emits), then Contractor shall re -clean the
entire area by thoroughly wet -wiping every surface in the work area (floor, wall, ceiling, etc.).
At the end of this re -cleaning process the Contractor shall notify the Owner's .representative
who shall again take the required air samples.
9. REMOVAL OF CONTAINMENT:
9.1. Once the area has been inspected and the fiber count is below the level stated previously
in specification section 02030, and after authorization from Owner's representative, the
containment shall be removed.
9.2. All workers . shall continue to work in full protective clothing: disposal coveralls,
powered, air -purifying respirators, etc.
9.3. Remove containment walls folding carefully so that the side facing into the containment is
on the inside of the fold. Cut walls into sections of sufficient size as to allow disposal in 6-mil
bags/barrels.
9.4. Dismantle decontamination unit disposing of all waste materials in an approved fashion.
Ensure that all materials which are, not to be bagged and delivered to waste dump site are
thoroughly cleaned.
9.5. After all materials have been bagged and the final shipment loaded on the vehicle for
transport to the dump site, workers shall remove disposable suits, place within waste disposal
bag and load onto truck.
9.5.1.
r' 10. DISPOSAL OF ACM WASTE:
10.1. Contractor shall comply NESHAP regulation in 40 CFR and State of Texas regulation
r• for waste disposal.
10.2. Contractor shall manifest loads on State of Texas Waste Manifest.
02090-3
10.3. Contractor shall submit manifest and landfill receipts to Engineer in project close out
book.
END OF SECTION 02090
02090-4
�S'S.; • ... •' � .s
3 �y� Y7
NOTES:
1 ABATE ASBESTOS FROM STRUCTURAL
COMPONENTS.
2 CLEAN (HEPA VACUUM) ASBESTOS
DEBRIS FROM LAY —IN CEIUNG INSIDE
AREA SHOWN WITH DASHED LINES.
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SCALE: 1" = 20'-0"
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NOTES:
I ABATE ASBESTOS FROM STRUCTURAL
COMPONENTS.
2 ERECT 8` TALL TEMPORARY WALL USING
WOOD STUDS AND 1 /4- PLYWOOD.
PROVIDE BLACK POLY FROM TOP OF WALL
TO LAY —IN CEILING GRID. LEAVE WALL
IN —PLACE APPROX. ONE WEEK AFTER
CONCLUSION OF ABATEMENT (TO FACILITATE
ASSOCIATED GENERAL CONSTRUCTION).
3 REMOVE FLOOR TILE FROM VESTIBULE.
4 ERECT 3—STAGE DECON UNIT AT
LOCATION SHOWN. ROUTE PIPING OUTSIDE
FOR DRAINAGE.
5 ERECT BAG —OUT AREA AND ATTACH NEG—AIR
MACHINES AS SHOWN.
6 PROVIDE CONSTRUCTION -DOOR- (PLYWOOD)
IN TEMPORARY WALL AT LOCATION SHOWN.
7 CLEAN (HEPA VACUUM) ASBESTOS DEBRIS
FROM LAY —IN CEILING INSIDE AREA SHOWN
WITH DASHED LINES.
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SECOND FLOOR PLAN - ASBESTOS ABA
SCALE: I" w 20'-0"
NOTES:
1 CLEAN (HEPA VACUUM) ASBESTOS
DEBRIS FROM LAY —IN CEILING INSIDE
AREA SHOWN WITH DASHED LINES.
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