HomeMy WebLinkAboutResolution - 6026 - Contract - Environmental Reconditioning Inc - LBC, ACM Abatement & Fuel Tanks - 10_08_1998Resolution No. 6026
Item N6. M
October 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 with
Environmental Reconditioning, Inc. of El Paso, TX to install and furnish all materials and
services as bid for the ACM Abatement at Lubbock Business Center and Fuel Storage
Tanks and all related documents. Said Contract is attached hereto and incorporated in
this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 8th day of October 1998
ATTEST:
a e arnell, ity Secretary
APPROVED AS TO CONTENT:
Victor Kilman urchasing Manager
APPROVED AS TO FORM:
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William de Haas
Competition and Contracts Manager/Attorney
Wd:dk/ACM Abotement.RES
ccdocs/September 29, 1998
CITY OF LUBBOCK
SPECIFICATIONS FOR
ACM ABATEMENT AT LUBBOCK BUSINESS CENTER
BID #98183
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CITY OF LUBBOCK
Lubbock, Texas
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P.O. Box 2000
Lubbock. Texas 79457
(806) 775-2167 • Fax (806) 775-2164
ITB 098132, Addendum #4
ADDENDUM #1
ITB #88183
ACM ABATEMENT @
LUBBOCK BUSINESS CENTER
MAILED TO VENDOR:
CLOSE DATE:
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August 26, 1998
Office of
Purchasing
September 1 1998@ 2:00 PM
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. Please find attached Addendum items from Joe Grimes and Associates.
All requests for additional information or clarification must be submitted in writing and ditected to:
Ron Shuffield, Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)775-2164
or Emaii to: RShuffield@mail.ci.lubbock.tx.us
THA 4K YOU,
Ron Shuffield
Buyer
PLEAS RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
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ITB 98131ad4.doc
Expand Scope and Remove the Thor Tile and Mastic in stairwell: Remove the floor and mastic the from
basement and 1 at floor stair landing (SW corner ofbailding). Do this work at the same tirne o£the Amex
Viand Scope and Remove One Addltlonal Pipe in Annex Basement Remove the pipe insulation from the
W pipe in the Annex Basement (just east of the existing/abandoned steam pipe which is being abated). Notice
it this line is still in use and pipe may NOT_ be removed.
Removing Pipe R'ltlt Insulation Intact. Contractor may remove the existing abandoned steam line witty the
5esws still in -plane. If the Contractor so chooses, he snail remove the pipe up to an existing joint and install a
rg at that point. Instep the plug tight to ensure no steam leakage (just in case steam is released iruo this
pposed abandoned line). DO NOT plan to remove the existing DW and DNWR piping which is assumed
Re -Insulation: Contractor shall re -insulate piping, pipe fittings, flue pipe and the heat exchanger. Reinsulate
the pining in Basement Mechanical Room 1303, in the =char» cal chases and in the 2nd Floor Medi Roam
4. Do NOT insulate any bass=c;nt piping outside of 1303.Imulate with 1" fiberglass pipe insulation as specified
5.1 Insulation Materials: Fiberglass Pipe Insulation: Provide Certainteed "Snap-On ASI-SSL" molded one-
piece fiberglass insulation with K value of0.23 at 75 deg F with all scrvicc jacket with self -seal lap. Provide
CeriBiniscd "Snap -Form" pre -molded pipe fitting insulation covers. Provide Staples, bonds, wires, cement_,
etc. as recommended by insulation manufacturer for applications indicated.
5.2 Installation: Jnstall insulation products in accordance with manufacturer's written instructions. and in
accordance with recognized industry practices to ensure that insulation serves its intended purpose.
5.2.1 Install insulation materials with smooth and even surfaces. Jnsulate each continuous run of piping
with foil -length turns of insulation, with single cut piece to complete run. Do not use cut pieces or scraps
abutting each other. Clean and dry pipe surfaces prior to ftw lat ion. Butt insulation joints firmly together
to ensure complete and t& fit over surthccs to covcxcd. Close self -seal lap in accordance with
manufacturer's recommendations.
5.2.2 Cover valves, fittings and skdar items in each piping system with equivalent thickness and
composition of insulation as applied to adjoining pipe run. Provide fittings with molded fiberow covers
and secure with 20 gauge corrosion resistant wire and apply a smootwng coat of insulating cement.
Vapor seal with prennoldeVWMVM'er
'er. Cover shall overlap the adjounng insulation and jackets shall be
sealed at the edges with adhesive. The end of all covers shall be secured with pressure
sensitive vinyl tape. Tape shall overlap jacket and cover one inch.
5.2.5 Install protective metal shields and insulated inserts wherever needed to prevent compression of
insulation. Butt pipe insulation against pipe hanger finmlatfon inserts. For hot pipes, apply 3 inch wide
vapor barrier tape or band over the butt joints.
5.2.7 Taper the exposed ends of all runs of insulation and cover with vapor barrier. Seal ends of pipe
insulation with vapor barrier at all valves, fittings, and at all butt joints. -
5.3 Installer: Insulation installer shall specialize in the installation of insulation aAd shall have 5 years
experience as an installer. Plumbers are not insulation installers. Engineer shall be the final judge as to the -
acceptability ofthe experience.
END OF ADDENDUM 41
Addendum 01 - 2
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CITY OF LUBBOCK
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INVITATION TO BID
FOR
TITLE: ACM ABATEMENT AT LUBBOCK BUSINESS CENTER
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ADDRESS: LUBBOCK, TEXAS
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BID NUMBER: 98183
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PROJECT NUMBER: 2511.9211.30000
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CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
No Text
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NOTICE TO BIDDERS
BID #98183
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2.00
o'clock R.m. on the 1st day of September, 1998, or as changed by the issuance of formal addenda to all planho dTers, to
furnish all labor and materials and perform all work for the construction of the following described project:
"ACM ABATEMENT AT LUBBOCK BUSINESS CENTER"
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.
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The City of Lubbock will consider the bids on the 24th day of September,1998, at the Municipal Building, 1625
13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
f all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance
I 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
f " $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior.
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
of �^ recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount the bid submitted as a
r guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of
award of the contract to him.
+� It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
- thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 25th
day of August, at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas
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Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
,.. Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
IPM 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.
r.. The City of Lubbock does not discriminate against persons with disabilities. Cityof Lubbock pre -bid meetings and
bid openings are available to all persons regardless of disability. If you would like bid inormation made available in a more
accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-
2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
VICTOR KILMAN
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164.
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents for the ACM ABATEMENT AT LUBBOCK
.W BUSINESS CENTER.
c 2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
ry All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
i construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
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3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806) 775-2164
5. TIME AND ORDER FOR COMPLETION
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The construction covered by the contract documents shall be fully completed within 28 (TWENTY EIGHT)
r-• consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the
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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. 1n the event the City requires a progress schedule to be submitted, and it is determined by
the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may
direct the Contractor to take such action as the City deems necessary to insure completion of the project within the
time specified.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
7. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute
an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements
contemplated by the contract documents have been paid in full and that there are no claims pending, of which the
Contractor has been notified.
8. , MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall 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).
Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants
fault -free performance and fault -free result in the processing date and date -related data (including, but not limited
to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services
provided under this Contract, individually or in combination, as the case may be from the effective date of this
Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will
not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may
require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all
the obligations contained herein.
The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or
any third party involved in the creation or development of the products and services to be delivered to the City of
Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City
of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its
right pertaining to termination or default.
The warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractors liability
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference.
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor. -
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7 11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article
20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials
to be incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
,.. way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
r the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
r,, 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
!'1 or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or
r corporations engaged in similar type of construction activity.
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.N. whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
r^ 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
„R dangerous to property or life.
19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
r" The contractor and each of his subcontractors shall pay each of his employees engaged'in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount,
not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the
work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or
E 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
P according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which
schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on
whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each
calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
w particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
21. PREPARATION FOR BID
The bidder shall submit his bid on forms 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
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Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
23. QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to
complete the work described therein. Evaluation of the bidder's qualifications shall include:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
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BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: City of Lubbock - Purchasing
DATE: August 31, 1998
PROJECT NUMBER: #98183 - ACM ABATEMENT AT LUBBOCK BUSINESS CENTER
Bid of Environmental Reconditioning, 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
ACM Abatement at Lubbock Business Center, Lubbock, Texas ITB # 98183
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of
the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and
supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time
set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required
under the contract documents.
MATERIALS: TUPAve MmLz3rd Ow I-ir&'E3 Ei9l-111-Y-I�i9� Do]lam & Rb Gaits ($ 12,188.00 )
SERVICES: Testy --two Therm +md Six Hrrbmd Thirty-six DaUars & M Gents ($ 22, 636. 00 )
TOTAL BID: may--fcu Mmusand Eight Hashed y-four D21ars & M Gaits ($ 34, 824.00
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
!- Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 28 (TWENTY EIGHT) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
as liquidated damages the sum of $300.00 (THREE HUNDRED DOLLARS) for each consecutive calendar day in excess
r of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
r Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding:
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7 The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
LI after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ 1 or a Bid Bond in the sum of 5% Dollars
($ 1, which it Is agreed shall be collected and retained by the Owner as liquidated damages in the
event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents,
insurance certificates, and the required bond (if any) with the Owner within ten (10) days after the date of receipt
of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall b ound and include all contract
documents made available to him for his inspection in accordance with the Notice d
Aut orized Signature
Tad West
(Printed or Typed Name)
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda
No. 1
Date 08/21/98
Addenda
No.
Date
Addenda
No.
Date
Addenda
No.
Date
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Environmental Reconditionincr, Inc.
Company
8630 Boeing, Suite 12
Address
El Paso El Paso
City, County
Texas , 79925
State Zip Code
Telephone:915 - 778-3813
Fax: 915 - 778-3827
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LIST OF SUBCONTRACTORS
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Minority Owned
Yes No
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
Tad West
ntractor ignature) Contractor (Print)
CONTRACTOR'S NAME: Environmental Reconditioning, Inc.
(Print or Type )
CONTRACTOR'S ADDRESS: 8630 Boeing, Suite 12
El Paso, Texas 79925
Name of Agent/Broker: Lee ciegg
Address of Agent/Broker: United Conumrcial Insurance Agency, Inc.
City/State/Zip:
2222 South Dobson Rd, Suite 700 Mesa, Arizona 85202
Agent/Broker Telephone Number: ( 602
Date: August 31, 1998
777-8911
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements,
please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
BID #98183 - ACM ABATEMENT AT LUBBOCK BUSINESS CENTER
4
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P.O. Box 2000
Lubbock. Texas 79457
(806) 775-2167 • Fax (806) 775-2164
ITB #98132, Addendum #4
ADDENDUM #1
ITB #98183
ACM ABATEMENT @
LUBBOCK BUSINESS CENTER
Office of
Purchasing
MAILED TO VENDOR: August 26,1998
CLOSE DATE: September 1 1998@ 2:00 PM
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. Please find attached Addendum items from Joe Grimes and Associates.
All requests for additional information or clarification must be submitted in writing and di-rected to:
Ron Shuffield, Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)775-2164
or Email to: RShuffield@mail.ci.lubbock.tx.us
THANK YOU,
Ron Shuffield
Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
ITB 98132ad4.doc
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ASBESTOS ABATEMENT FOR
1301 BROADWAY
LUBBOM TEXAS
ADDENDUM #1
Aug 1998
'. Project Sequanre:
M &M h Rm B03) and Cut Walls/F?rect Scaffold (I st FIr and Mezzanine Mech O sa): In the week
prior to starting the removal of asbestos, accomplish the following prep work A0 this work must be
accomplished after normal business hours (between 5:00 PM and 5:00 AM). Keep dust to a minimum. Clean
up at the end of each work period.
Mech Rm B03: J CPA vacuum and install shower, bag -out, neg air machines, etc.
1st Floor, Mezzanine Mech Chases: Cut through existing wall smfac.- and through existing brick
substrate to gain access to chase. Erect scaffiolding in cham
2nd Floor Mazanine Mecb Chase: Extend sca$olding up in chase.
J .2 Mech Rm B03. I st $r March Chases Mech Rm 204:
All this work must be dome over weekend.(s). Work shall begin at 6 PM Friday evening and shall run
continuously (24 hours per day) concluding at 12 rnidnighrt Sunday night (leaving from 12 midnight to 6
AM for clearance to be run and for necessary teardown to occur). The abatement contractor shall standin
throughout the clearance process to perform additional cleanup if necessary.
If all this work cannot be accomplished in one weekend, then the work shall be resumed the following
weekend. A sirniIar schedule shall be implemented the following weekend.
Contractor will be permhied to work shorter work periods over the weekend (and consequently work
multiple weekends) so Lang as the total abateux-at time for a areas of this project does not exceed 120
hours.
1,3 Work in Ampex Basement: The work in the Annex basement shall be accomplished at night after normal
business hours (5 PM to 5 Ald) on week days (Monday through Friday) during the week following Mcch Rm
B03.
1.4 Re-wsulation Work and Repair of Walls: This work maybe accomplished during the normal business day
(9 AM to 5 Pld) on week days (Monday through Friday).
Repair wall Surfaces with products similar to casting ("Wilson -Wall" on I st floor, 518" gyp board on
Me7mnine). Refinish the entire wall surface, from wall to wail. Paint and texture to match e)dsting.
Rebuild brink walls with siarnlar materials (look at chase wall at 2nd Iloor Ievel to determine repk ement
materials required). Submit proposed materials for Engineer's approval.
Wall repua workers shall be specialists in their field (masons, drywall workers, painters. etc.). Submit
proposed sub -contractors for agprov$L
Addendum 9 1- 1
T..x¢and Scope and Remove the T7aor ?"de and Ma * In Sfwrnell: Remove the floor and mastic life from
basement and l st floor stair landing (SW corner of building). Do this work at the same time of the Annex
isement.
Expand Scope and Remove On,eAddltfonal Pipe in Annex Basement: Remove the pipe insulation from the
W pipe in the Annex Basement (just east of the existing/abandoned steam pipe which is being elated). Notice
3t this line is still in use and pipe may NOT be removed.
Remming Pipe 9'Ttlt Inw1adon Intact: Contractor may remove the existing abandoned storm line with the
kstos still in -place. Ifthe Contractor so chooses, he shall remove the pipe up to an existing joint and install n
ig at that point. Install the plug tight to ensure no steam leakage (just in case steam is released into this
pposed abandoned line). DO NOT plan to remove the existing DW and DHWR piping which is assumed
Re -Insulation: Contractor shall re -insulate piping, pipe fittings, flue pipe and the heat exchanger. Reinsulate
the piping in Basement Mechanical Room B03, in the mechanical chases and in the 2nd Floor Mech Room
4. Do NOT insulate any basement piping outside ofB03. Insulate with l" fiberglass pipe insulation as specified
S. l Jnsulation Materials: Fiberglass Pipe Insulation: Provide Cc tainteed "Snap-On AS7-SSL" molded one-
piece fiberglass insulation with K value of 0.23 at 75 deg F with all service jacket with self -seal lap. Provide
Certainteed 'Snap -Form" pre -molded pipe fitting insulation covers. Provide staples, %ands, wires, ccmens.,
etc. as reconnmcnded by insulation manufacturer for applications indicated.
5.2 Installation: Install insulation products in accordance with manufacturer's written instructions. and in
accordance with recognized industry practices to ensure that insulation serves its intended purpose.
5.2.1 Install insulation materials with smooth and even surfaces. Insulate each continuous run of piping
with full-length units of insulation, with single cut piece to complete run. Do not use cut pieces or scrips
abutting each otber. Clean and dry pipe surfaces prior to insulation. B= insulation joints firmly together
to ensure complete and tight fit over surfaces to covered. Close self -seal lap in accordance with
manuf Leturces recommendations.
5.2.2 Cover valves, fittings and similar items in each piping system with equivalent thickness and
composition of insulation as applied to adjoining pipe run. Provide fittings with molded fiberglass covers
and secure with 20 gauge corrosion resistant wire and apply a smoothing coal of insulating cement.
Vapor seal with premolded f ing cover. Cover shall overlap the adjoining insulation and Jackets shall be
sealed at the edges with vapor T arrier adhesive. The end of all covers slsall be secured with pressure
sensitive vinyl tape. Tape shall overlap jacket and cover one inch.
5.2.5 Install protective rtretal d9alds and in slated inserts wherever needed to prevent compression of
insulation. Butt pipe imvlation against pipe hanger insulation inserts. For hot pipes, apply 3 inch wide
vapor barrier tape or band over the butt joints.
5.2.7 Taper the exposed ends of all runs of insulation and cover with vapor barrier. Seal ends of pipe
insulation with vapor barrier at all valves, fittings, and at all butt joirns.
5.3 Installer: Insulation installer shall specialize in the installation of insulation and shall have 5 years
experience as an installer. Plumbers arc not insulation installers. Engineer shall he the furl judge as to the
acceptability of the experience.
END OF ADDENDUM # 1
Addendum #1 - 2
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RIDER TO.BOND INVOLVING -TOXIC A'IATERIAL
This bond is being issued subject to the following express conditions which shall survive the release and
• discharge Surety from any further liability o its performance and payment of igatrons required uridef its
bond:
FIRST: The bond issued by Surety shall not be considered to be a substitute for or in any
other way satisfy the requirement for any type of insurance that may be contained in
the contract documents between the Principal, Obligee and/or Owner.
SECOND: No suit shall be commenced against the Principal or Surety for any default in
performance or for labor performed or material supplied, after two years from the
date of the contract between the Principal and Obligee, or one year after substantial
completion, whichever occurs last.
THIRD: No right of action against Surety shall inure to the benefit of any person, firm or
corporation other than the Obligee, or for the use or benefit of the Obligee.
FOURTH: Notwithstanding any provision contained to the contrary in the contract documents
between the Principal, Obligee and/or Owner, Surety shall not be held liable or in
any other respect be responsible to the Obligee or to any other person, firm
or corporation for any act(s) of negligence by the Principal, its agents, servants
or employees or by any contractor employed by Surety to complete the contract in
the event of the Principal's default, while performing the contract, which results
in personal injuries Or property damage.
(J rry H. I Shaw, ATTORNEY4N-FACT
Page 1 of 3
ISEALi
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r THE AMERICAN INStITUTL OF ARCHITECTS
AIA Document A310
-B i d ._g- n d
t>•
KNOW ALL MEN BY THESE PRESENTS, that we
(Here insert full name and address or legal title of Contractor)
Southwest Abatement, Inc. DBA Environmental Reconditioning, Inc.
8630 Boeing, Space 12, El Paso, TX 79925
as Principal, hereinafter called the Principal, and
(Here Insert full name and addressor legal title of Surety)
National American Insurance Company
1006 Manvel Ave., PO Drawer 9, Chandler, OK 74834
a corporation duly organized under the laws of the State of Nebraska
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Lubbock (Here insert full name and address or legal title of Owner)
162513th Street. Lubbock, TX 79401
as Obligee, hereinafter called the Obligee, in the sum 'of FIFE PERCENT OF THE AMOUNT BID
5%
for the payment of which sum well and truly to be made, the said Principal andiithe said Surety, bind'
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, The Principal has submitted a bid for
(Here insert full name, address and description of project)
AC1%I Abatement at Lubbock Business Center ITB # 98183, Lubbock. T.X.
NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
s Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment
' of labor and material furnished in the prosecution thereof, or in the ewtit of the failure of the Principal to enter such
Contract and give such bond or bonds, If ine Priocipal shall pay to the Obligee the difference not to exceed the penalty
r hereof between the amount specked in said bid and such larger amount for W ,ich the Obligee may in good faith contract
I with another party to perform the Work covered by said bid, then this obligation snali be null and void, otherwise to remain in
full force and effect.
r Signed and sealed this 26th day of t,ugust 1998 /
Southwest Abatement, B v'ro
Reconditioning, Inc.% T�g
-'%�j{
�.., (r)ncipal) (Seal)
(Ir'irness) 1 /, n ,, 4' V `n A l n.
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l National American Insurance Comoanv
pp/�f 1 (Surety)
` (if%tness) I,I fti~eQst
erry H. J. Shaw (Title) Attorne = a,
A
or•w•
Page 2 of 3 "`e•••�r`�
ALA DOCUMENT A310 . BID BOND. ALA 0 . FEBRUARY 1970 ED . THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1
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NATIONAL AMERICAN INSURANCE COMPANY
OMAHA, NEBRASKA
POWER OF ATTORNEY
�RIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
AFETY PAPER. DUPLICATES SHALL HAVE THE SAME FORCE AND
:FFECTAS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH
THE ORIGINAL.
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KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance
Company, a corporation duly organized under the laws of the State of Nebraska, having its
71
cipal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted
y the Board of Directors of the said Company on the Sth day of July, 1987, to wit:
"Resolved, that any officer of the Company shall have authority to make, execute and
deliver a Power of Attorney constituting as Attorney -in -fact, such persons, firms, or
corporations as may be selected from time to time.
Resolved that frothing in this Power of Attorney shall be construed as a grant of authority
o the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or
policies of insurance on behalf of National American Insurance Company.
Be It Further Resolved. that the signature of any officer and the Seal of the Company
r"nay be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,
ind any such Power of Attorney or certificate bearing such facsimile signature or facsimile
peal shall be valid and binding upon the Company and any such powers so executed and
certified by facsimile signature and facsimile seal shall be valid and binding upon the Company
ern the future with respect to any bond and documents relating to such bonds to which it is
[r atached." National American Insurance Company does hereby make, constitute and appoint
Jerry H. J. Shaw
Bond
Number CBB 12312
PRINCIPAL: NAME, ADDRESS
CITY, STATE, ZIP
Southwest Abatement, Inc DBA Environmental
Reconditionin , Inc.
8630 Boeing, &Oace 12, El Paso, TX 79925
EFFECTIVE DATE -
08/26/98
CONTRACT AMOUNT
BOND AMOUNT
$ FIVE PERCENT OF THE AMOUNT BID
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is true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as
I follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer
7f the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seal to be hereto
affixed.
�,N rNty
NATIONALAMERICAN INSURANCE COMPANY
i o +► p
r SEAL
a
~�a ♦� OYAMr� W. Brent LaGere, Chairman & Chief Executive Officer
�` Mf�11�fY.►
STATE OF OKLAHOMA
COUNTY OF LINCOLN ) SS:
n On this Sth day of July, A.D. 1987, before me personally came W. Brent LaGere, to we known, who being by me duly sworn, did depose and say; that he resides in the County of
1 Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described In and which executed the
l above instrument; that he knows the seal of said corporation: that the sea] affixed to the said instrument Is such corporate seal: that it was so affixed by order of the Board of Directors
of said corporation and that he signed his name, thereto by like order.
1"
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.STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
1, the undersigned, Assistant Secretary of the
POWER OF ATTORNEY remains In full force.
Signed and Sealed at the City of Chandler.
tMOA Yijl
O� OT A4
Wuetrt: ��
MM Pm
srAre or
/�
yQpi" co'M Notary Public
My Commission Expires August 30,1999
National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached
Page 3 of 3
t'
aM t►asU98
w ' �t ' Dated thr: 26th day of AngllSt , 19
19 SEAL
"Y
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Winifred E, Mendenhall, Assistant Secretary
OY�Mr
Mt�A�1X�'
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PAYMENT BOND
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BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE
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STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
Bond No. CBB12413
Sc;X,#estAbatement, iris. DbA
KNOW ALL MEN BY THESE PRESENTS, that E—ronmentai Recond,aoring iris (hereinafter called the Principal(s), as
Principat(s), and National American Insurance Company
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the Ci;y of Lubbock (hereinafter called the
Obligee), in the amount ofThirty-Four Thousand Eight Pu idred Twenty-F"cr dollars ($ 34,624.00 ) lawful money of the
United States for the payment whereof, Me said Principal and Surety bind therr,sel•.es. and their heirs, administrators.
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 8th day of
_ October , 1998 , to
BID #98183-ACM ABATEMENT -�T LUBBOCK BUSINESS CENTER
and said Principal underthe law is requirea before commencing the work proviued for in said co -tract to execute a bond in
the amount of said contract which contract is hereby ,referred to one -nade a part here,)f as fully and t_ the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS GBLIGAIPON IS SLI ' that if the said Principal shall pay all
claimants supplying labor and material to him or a su6cuntractor en .he prosecution of the work provided for in said
contract, then, this obligatibn shalt 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.
23rd IN WITNESSWHEREOF, the.sdid Principal rsl and Surety (s� have signed and sealed this instrument this October day of -1998 ,
Southwest Abateme ' I DBA
National American Insurance Company
Surety r
.By;-�
(Title) Kevin Dunn,.Attomey-In-Fact
Page 4 of 6
n�. tic. �^
Environmental Reconciticning, Inc.
Princtp.il
By:
Y
(T"Ile)
By:
(Title)
By:
(Tale)
Bond No. CBB12413
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Kevin Dun 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.
National American Insurance Corqpany
Surety
By
(Ti e) Kevin Dunn,
Approved as to form. Attorney -In -Fact
City of Lubbock
By:
City Attomey
• Note: If signed by an officer of the Surety :ompany these must oe on file a ca-t!'ied extract from the by-laws showing
that this person has authority to sign st:ch ot5yatior, If signed byan Attorney in 1-act, we must have copy of power of
attorney for our files.
Page 5of6
NATIONAL AMERICAN INSURANCE COMPANY
OMAHA, NEBRASKA
POWER OF ATTORNEY-
VIRIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
FETY PAPER. DUPLICATES SHALL HAVE THE SAME FORCE AND
i FECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH
THE ORIGINAL.
KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance
Company, a corporation duly organized under the laws of the State of Nebraska, having its
principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted
1p -+he Board of Directors of the said Company on the Sth day of July, 1987, to wit:
p "Resolved, that any officer of the Company shall have authority to make, execute and
c-..aver a Power of Attorney constituting as Attorney -in -fact, such persons, firms, or
corporations as may be selected from time to time.
Resolved that nothing in this Power of Attorney shall be construed as a grant of authority
i he attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or
F icies of insurance on behalf of National American Insurance Company.
Be It Further Resolved, that the signature of any officer and the Seat of the Company
Fbe affixed to any such Power of Attorney or any certificate relating thereto by facsimile,any such Power of Attorney or certificate bearing such facsimile signature or facsimile
shall be valid and binding upon the Company and any such powers so executed and
certified by facsimile signature and facsimile seal shall be valid and binding upon the Company
in the future with respect to any bond and documents relating to such bonds to which it is
r'iched." National American Insurance Company does hereby make, constitute and appoint
p
Kevin Dunn
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Bond
Number CBS 12413
PRINCIPAL' NAME, ADDRESS
CITY, STATE, ZIP
�%ou,im.,est ,%batement, Inc. DBA En-vironmental
Reconditionin ,Inc.
8630 Boeing, pace 12, El Paso, TX 79925
EFFECTIVE DATE
10/23/98
CONTRACT AMOUNT
$ 14,824.00
BOND AMOUNT
rtnre and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as
.lows:
The obligation of the Company shall not exceed one million ($ 1,000,000.00) dollars.
And to bind National American Insurance Company thereby as fully and to the same extent as if such bends and documents relating to such bonds were, signed by the duly authorized officer
r"the National American Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed.
+ IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seal to be hereto
fixed. ,
rl
SEAL
FPATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
NATIONAL AMERICAN INSURANCE COMPANY
/— -'�6 �"/'
W z.i;4GV
W. Brent LaGere, Chairman & Chief Executive Officer
On this 8th day of July, A-D. 1987, before me personally came W. Brent LaGere, to me (mown, who being by me duly sworn, did depose and say; that he resides in the County of
7ncoln, State of Oklahoma; that he Is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described In and which executed the
wve instrument; that he knows the seal of said corporation: that the seal affixed to the said Instrument is such corporate seal: that It was so affixed by order of the Board of Directors
t ui said corporation and that he signed his name, thereto by like order.
y�MoA A rltr�
!UBLIC
non a
CA04
ep°+ Notary Public
TATE OF OKLAHOMA ) My Commission Expires August 30,1999
%:OUNTY OF LINCOLN ) SS:
I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached
WER OF ATTORNEY remains in full force. r,M lmst': 23rd October 98
Signed and Sealed at the City of Chandler. �v` ran�i* , Dated the day of ,19
o� ,, n
r. Page 6 of 6 ; SEAL ,P
~Ati ► Winifred E. Mendenhall, Assistant Secretary
4b..:.
pow
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PERFORMANCE BOND
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BOND CHECK
BEST RATING . —If
LICENSED IN TOM
ism
DATE11 9 8Y
STATUTORY PERFORMANCE BOND PURSLAN7 TO SECTION 2253-021(a)
OF THE TEXAS GOVERNMENT CODE Bond No. CBB12413
(CONTRACTS MORE THAN $130,000')
SroUt west ASatamex, Inc. DSA
KNOW ALL MEN BY THESE PRESENTS. that f0"n1en''�' Reconditi rleher coiled the Prutcipal(s), as Pnncipal(s), and
National American Insurance Company
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the 4tiv of Lubbock (hereinafter called the
Obligee), in the emount of Thirty-FourThousa„d Eight Hundred wentv,Four— _ Dollars ($ 34.t.24 ) lawful money of the
United States for the payment whereof, the said i','- cipat and Surety biro iitmsely, s, anu their heirs, administrators,
executors, successors snd assitris. se .'1+'s. , firmly by tile3s p� y.Sents.
EREAS, the Principal has entered into a certain wotten contract with the Guligee, dated the 23rd day of
October , 1 gq(3, to
BID 098183 -ACM ABATEMENT AT LUBBOCK g tSINESS OENTER
and said principal under the low is required before co7i:rencing the ; is ; raviaeC for ii, said contract execute a bond in
the amount of said contract which contract is hereby referre6i to and tr.au j pa-: •.tsreof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE. THE CONL)ITION OF -t-tly OULIGATION IS 'Jt ,H .that if the said Principal shall faithfully
perform the work In accordance with the ,Mans, specificatio, ie and contract documerti . then this obligaiion shall be void:
otherwise to remain in full force and affect.
PROVIDED. HOWEVEP th!it'th,:;; exer::nF-d pursuar:, rovi;:'r1,s of Section 2253.021(a) of the
Texas Government Code, ana all liabilities on this be de.& m.rFd in acco: is-ce with the provisions of said
article to the same extent as if it were colpied`at lengtn , ierein.
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IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 23rd
day of October ggg —
National American Insurance Company Southwest Abatement, Inc. DBA
Surety Environmental Rucondit'
Princip I .�
. sy. T
ice) Kevin Dunn,
Attorney -In -Fact
jitle)
all'
(Title)
7 -
Page 2 of 6
Bond No. CBS12413
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates KEVIN DUNN an agent resident in Lubbock County to whom any ;eyuisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
National American Insurance Company
Surety
`By .
(T tie Kevin Dunn,
Approved as to Form Attorney -In -Fact
City of Lubbock
ey:
City Atto e
' Note: If signed by an officer of the Surety Company, were must ;.e file a certified extract from the by-laws showing
that this person has authority to sign suct, obligation it signed ay a!7 Lttorricy in Fact, we must have copy of power of
attorney for our files.
Page 3 of 6
2
B01-f) 1*AJ BFi, . CBB12413
RIDER TO BOND INVOLVi NIO TOXIC MATERIAL
This bond is being issued subject Ito the following express: conalimns -Ahich shall survive the release and
discharge Surety from any further liability of its performance and payment obligrtions required under its
bond:
FIRST: The bond issued by Su, ety- shall not be cons:del ed ro be a substitute for or in any
other wav satisfi :he is;cuaremeut for an; vi p:- of insurance that may be contained in
the contract documents bc.en the Prax.ipa;, Obiig•. a and/or Owner.
SECOND: No suit shall bb commenced against. tix Principal or Surety fc•r a„y default in
performance or for labor performed or material supplied, after two years from the
,�. date, of the contract -between the Princ,ipa.I anu Obligee, or one year after substantial
compietion,whichev& occurs la. -
THIRD: No right of action against Surety ;hall inure to the bencrit o; any person, firm or
cgyporati ,n other Oav :he Obligee, or fcr the •.tsc or r►%:nefi+. of the Obligee.
FOURTH: Notwithstanding. any provision contained to the cont; ary in the contract documents
between the Principal, Obligee and/or Owner, Surety shall: not he held liable or in
any other. respect be responsible to ti Obligee or to any other person, firm
or corporation. for any act(s) of neglitence by the Principal, its agents, servants
or employees or by any contractor empio.yed by Surety to complete the contract in
the event of the Principal's default, while perfoimiag the cont-act, which results
in personal injur,e:, cr property darnag..c.
M
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Kevin unn,A ORNEY-N-)FACT
Page 1 of 6
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11/03/1998 08:25 15058731247 SOUTHWEST ABATEMENT PAGE 03
III �+4C�Ra,NWHIR i.0100,401"KI1
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II.II�'I I ,' 11/a2/1998
PRODWRr
VMS CERTIFICATE IS ISSUCrD AS A MATTER OF INPORt4AT;0N
Talbot Agency, Inc- Alb
ONLY AND COWERS NO RIGKr9 UPON THE CERTIFICATE
IIVI.DLn. TINS CCRTIrICATC DOCD NOT AMCND, CXTEND On
D G lox 9075C 87199
ALM TW COVERAGE AFFORbEn 6V THE Payowe BELOW.
COMPAWS AFFOA04NG COVERAGE
7770 Jofforson NE, Suite 200
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Albuquerque, NM 97109
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1tEN 165UEd To TH6 IIJSUPED NAMED ABOVE FOR THE POLICY FERIOo
INDICATED, NOTWITHSTANDING ANY REWIREMENT. TERM OR CONDITION
OF ANY CDNTRACT OR OTHER CCCUraE': WITH RESPECT TO IVHtCH TM1S
CERTIFICATE MAY BE ISSUED OR MAY PtrRTAK THE INSUA06MCE AFFORDED
By THE FOUCI�' DESCRIBED HEPE'N IS SUBJECT TO ALL THE TERMS.
EXCLUSIOW A40 CON01T ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE
BEEM REDUCED BY PAID CLAIMS.
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11-03-98 10:15
RECEIVED FROM:15058731247
11/03/1993 03:25 15058731247
;h.i.y7.i7�'3 iC•� '1 71Ctib'jC(y7
CERTIFICATE OF INSURANCE
r F+KVDUGEK
I Umted COmmewal Imurarm A mcy, Inc.
2222 Sow Dobson Road Suite 700
Mesa.. As wnA 85202 phone: (602) 777-89 i 1
7,
Southvveg Abatement. Inc. I
tTatvitana =bd Rpconditionin& Ina
4200 South Broadway
Atbuqu=que, Nm 87105
SOUTHWEST ABATEMENT PAGE 02
NO.7a3 P.a,?-
DATE:10/22/90
10 RIGHTS UPON THE CERTIFICATE HOLDER. THS
RA DOES NOT AMEND, EXTEND. OR ALTER THE COVERAGE
BY TM POLKAEB BELOW.
WANZS AFFORDING COVE, RAGE
COMPANY A; 0"0= & =MM;& = Rk'NM MOM
CWWANY as
COMPANY C:
COMPANY D:
TM IS TO *XrPY t71AT 7W POLK= OF MI4LPtMI; E LI0M RLOW HAVE pREN WUED To THE INSURED NWES ABOVE FOR nit' POLICY
PERIOD IUD=%T4D, NOTVWrr0TANDING ANY R8WREMENT, TEFt1Ut OR CONDInON OF ANY C4TRAOT OR OTHER DOC jMEW WITH RUECT
TO Y4HIcfi THIS CognMATEMAYHEIM OR MAY PERTAIN, TM INSIJiZANCE APPORDED BY THE POLICES OGSCIRISED HEREIN IS
SUBJECT TO AU,THE TMMS,E MLLI IONS. AND CONDITIONS OF VJCH POLICES. LIWTS: SHOM MAY HAVE OPEN REDUCED eY PAID CLAws.
POLICY POL"
Tt" OF IEa IANtANCIR POLICY NUMBER DATE LWTS M
OEAAl TM-2103 7/21/9D 7/21/99 GENSRAL AGGREGATE 1,000,03.3
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PROPERTY DAMAGE
FORM
AGGREGAtS
EACH ACCIDENT
CI5EAEr- , POLIV LIMIT
lXSEASE - EACK EMPLOYEE
0 OF PEC(1I11, t1 Wr.
P6eOJRC:'*ACX 7W4t4mant I Lubbock aulness Center, 1625 13th St PROJECT NUMBER:539
CONTRACT AMOUNT: Lubbock, TK START; 1.1/ 1/ 5e C:OMPLSTE:11 / 3 0; 93
City of U=mck is 3rrlufftd as Ad;litloml Inuuxed with waiver of vtrvgaticr.
City of I..ubbwk
PQ Boa 2000
Lubbock TX 79457
SHO= ANY OF THE ABOVE VESCET18ED POLICIES BE CANCaW
BEFORE THE EXPIRATION )6TE TMMOF, THE ISSUING COMPANY
WILL ENDEAY012 Ta MXL. DAYS WRnTEN NOTICE TO IM
C>*RTIFICAT& HOLom NAfflffm TtiE LEFT. BUT FAiLuRs TC LwL
SUCH MOTiCE SMALL IMPOSE NO aMJGATION OR IJAMI MY OF
ANY KING UPON THE COMPANY, ITS AGENTS OR
6tEPREt 45L� L
11-03-98 10:15 RECEIVED FROM:15058731247 P•02
CONTRACTOR CHECKLIST
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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
d 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;
r (4) obtain from each person providing services on a project, and provide to the governmental entity:
I
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that eabh 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."
r
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor.
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the'duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (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 services.
7
3
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No Text
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
�^ THIS AGREEMENT, made and entered into this 81' day of October,1998 by and between the City of Lubbock,
I County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
l hereinafter referred to as OWNER, and Environmental Reconditioning, Inc. of the City of El Paso. County of El Paso
and the State of Texas hereinafter termed CONTRACTOR.
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is
I
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #98183 - ACM ABATEMENT AT LUBBOCK BUSINESS CENTER - $34,824.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock,_ Lubbock County,
Texas in the year and day first above written.
A T:
Se ret
APPRO ED AS TO CONTENT:
Owner's Rep ive
APPROVED AS TO FORM:
Citv Attomev
. ® .
1 WJ,
-` -
CONTRACTOR:
ENVIRONMENT CONDITIO ING,1 C.
By:
PRINTED NAME:
TITLE: ]hsi'diAA--
COMPLETE ADDRESS:
Environmental Reconditioning, Inc.
8630 Boeing, Suite 12
EI Paso, TX 79925
i + 4000POOM
P+
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7 GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, 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 Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit ENVIRONMENTAL RECONDITIONING. INC. who has agreed to perform the
work embraced in this contract, or their legal representative.
t
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, or its representative DAVID ZIEGLER, BUILDING SERVICES MANAGER, so
designated who will -inspect constructions; or to such other representatives, supervisors, architects, engineers, or
inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers,
supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder
for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
{r- Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
l 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 the party who gives the notice.
F
8. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor 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 or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are 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 its 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 Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense.
i
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the authority
to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
�^ It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
I time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in 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
r instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
t,. Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
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 its absence and all directions
given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
supervision by competent and reasonable representatives of the Contractor is essential to the proper performance
of the work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be bome by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's 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 itself 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 affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms
or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
r
Unless otherwise specified herein, all loss, expense or damage to 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
work, shall be sustained and borne by the Contractor at its own cost and expense.
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
Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owners
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
Owners Representative shall consent or 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 Owners 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 Owners Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owners Representative shall have the right at all 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 such work is in preparation or progress. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or Owners Representative and shall give ample notice as to
the time each part of the work will be ready for such observation. Owner or Owners Representative may reject
any such 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 Owners Representative
has previously accepted the work through oversight or otherwise. If any such work should be covered without
approval or consent of the Owner, it must, if requested by Owner or Owners 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 Owners Representative to make observations of such work or
require testing of said work, then in such event Owner or Owner's Representative may require Contractor to
furnish Owner or Owners 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 such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owners Representative, it must, if requested by the Owner or Owners Representative,
be uncovered for observation and testing at the Contractors expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractors expense.
l
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 the contract documents to make such
�., inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
j
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly 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 Owner's Representative as unsuitable or not
in conformity with plans, specifications and/or 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 the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
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23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for 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 lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged
by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
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In the event said extra work be performed and paid for under Method (C)(1), 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,
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timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
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Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of 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 Contractor for its 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 Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, 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)(1). If Contractor does not notify Owner's Representative prior to the commencement
any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents 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. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then It shall be deemed that the Contractor fully understands
the work to be Included and has provided sufficient sums in its bid to complete the work in accordance
with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding
of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and
specifications are sufficient and adequate for completion of the project. It Is further agreed that any
request for clarification must be submitted no later than five (6) calendar 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 its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attomeys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any
manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject
matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and
its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance,
rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in
conformity with the provisions hereof shall establish such waiver..
r The Contractor shall procure and carry at its 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
r„ shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor,
or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
The Insurance certificates furnished shall name the City as an additional Insured, or In the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof
of coverage insurance documents including workers compensation coverage for each subcontractor.
A. General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
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. Builder's Risk Insurance/Installation Floater Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% of the total contract price (100%
of potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $2,000,000.00 on all contracts
with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile
Liability coverages.
F. Workers 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 Section 406.096, Texas Labor _
Code) - includes all persons or entities performing all or part of the services the Contractor has
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undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
.. limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
*� project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
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3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person 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
r" affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
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(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
I ear 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 (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
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(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) if policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project,
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
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 Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any additional
words or changes:
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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 or
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 5121440-3789 to receive
Information of the legal requirements 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:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting 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.";
(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;
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(vi) retain all required6ertifiicates of coverage on file for the duration of the project
and for one year thereafter;
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(vii) notify the governmental entity in writing by certified mall 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
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the project; and
(viii) contractually require each other person with whom it contracts, to perform as
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required by paragraphs (I)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
7 29. DISABLED EMPLOYEES
I - Contractors having more than fifteen (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
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a
sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such
indebtedness.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required ,by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
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32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances within
said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or
local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as
provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
may withhold permanently from Contractor's total compensation, the sum of $300.00 (THREE HUNDRED
DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every working day that the Contractor shall be in default after the time stipulated for
substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range 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 the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and
is expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS
OF THE ESSENCE OF THIS CONTRACT.
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35. TIME AND ORDER OF COMPLETION
r It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its 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 its own force, the Owner's Representative may
'.. direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its 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 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its 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. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
4 37. HINDRANCE AND DELAYS
7 In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. 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 sole judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
r 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
r— 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, and only when same are expressly stated
to be estimates, for the various classes of work to be done and material to be furnished under this contract, they
are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
r. agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
° payment shall be for the actual amount of work done and materials furnished on the project.
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39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without
limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
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 proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of
Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, 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, Owner's
agents and employees, 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 or, if the Contractor does not submit such application, the Owner's Representative shall determine
the amount to be partially paid. Owner's Representative shall review said application for partial payment if
submitted, 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. The determination of the partial payment by the Owner's
Representative shall be in accordance with Paragraph 14 hereof.
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 the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
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43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
` working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
". Representative shall issue to the Owner and Contractor.a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
r the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
j" Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion 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 contract documents and/or any warranty or
9
` warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
r- on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. 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,
C Owner may remove and replace it at Contractor's expense.
fi Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
r• shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
r.n (b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
r amount withheld, payment shall be made for amounts withheld because of them.
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47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no
further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , 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 the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the
sum which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and/or its 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. Should the cost to complete any such new contract prove to be less than that which
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would have been the cost to complete the work under this contract, the Contractor or his Surety shall be
credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, 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 certification 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, if applicable, shall pay the balance shown to be due by them to the
i 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, if applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subject only to
the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. Such sale may be made at
either public or private sale, with or without notice, as the Owner may elect. The Ovrner 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, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this
paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise
of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. 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. It is further agreed that this contract shall not be
in effect until such bonds are so furnished.
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51. 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.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES _
Unless otherwise specified herein, all loss, expense 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 or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. 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 Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition.
In case of dispute Owner may remove the debris and charge the cost to the Contractor.
55, HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in
the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
20
No Text
Resolution No. 5191
r" March 14, 1996
Item #19
RESOLUTION
WHEREAS, the City Council has heretofore established the general prevailing rate of
per diem wages for each craft or type of workmen or mechanics needed to execute public
works contracts for the City of Lubbock in accordance with the provisions of Vernon's
Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719 enacted February
12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
Resolution No. 2502 enacted January 8. 1987; and
WHEREAS, such rates need to be updated at the present time in order to reflect the
current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works contracts shall be
as set forth in the following named exhibits, which exhibits shall be attached hereto and made
a part hereof for all intents and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
Exhibit C. Overtime Rate
Exhibit D: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing rate of per diem
wages in all localities where public works are undertaken on behalf of the City of Lubbock and
such wage rates shall be included in all public works contracts as provided by law.
r
Passed by the City Council this 14th
ATTEST:
Betty M. J on, City Secretary
APPROVED AS TO CONTENT:
!I
Mary Andriks, Managing Director of
j Human Resources
I APPROVED AS TO FORM:
i
1 a old Willard. Assistant City Attorney
HW:da/ccdocs/pubworks.res
{f February 14. 1996
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City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
10.00
Air Conditioner Installer
11.00
Air Conditioner Installer -Helper
5.50
Asbestos Worker
8.00
Asbestos Supervisor
11.00
Bricklayer
11.00
Bricklayer -Helper
6.00
Carpenter
11.00
Carpenter -Helper
6.00
Cement Finisher
7.50
Drywall Hanger
10.00
Electrician
13.00
Electrician -Helper
6.00
Equipment Operator -Heavy
8.50
Equipment Operator -Light
7.50
Floor Installer
8.50
Glazier
8.00
Insulator-Piping/Boiler
9.00
Insulator -Helper
5.50
Iron Worker
8.00
Laborer -General
5.50
Mortar Mixer
5.50
Painter
9.50
Plumber
10.50
Plumber -Helper
6.00
Roofer
8.00
Roofer -Helper
5.50
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder -Certified
10.00
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FJUMIT B
Paving and Highway Construction
Prevailing Wage Rates
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Craft
Hourly Rate
Asphalt Heaterman
6.00
Asphalt Shoveler
5.50
Concrete Finisher
7.35
Concrete Finisher -Helper
5.75
Electrician
10.50
Flagger
5.50
Form Setter
6.50
Form Setter -Helper
5.50
�.
Laborer -General
5.50
Laborer -Utility
6.25
r
Mechanic
7.25
L
Mechanic -Helper
5.50
Power Equipment Operators
d
Asphalt Paving Machine
7.00
Bulldozer
7.00
!A
Concrete Paving Machine
7.00
Front End Loader
6.50
Heavy Equipment Operator
7.00
$
Light Equipment Operator
6.50
Motor Grader Operator
8.50
�.
Roller
6.00
4
Scraper
6.50
Tractor
6.50
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Truck Driver -Light
6.00
Truck Driver -Heavy
6.50
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1*4:11:1190
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXHIBIT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
No Text
ASBESTOS ABATEMENT FOR
1301 BROADWAY
LUBBOCK, TEXAS
9741 Lubbock, Texas
PROJECT MANUAL
SPECIFICATIONS
SET #
(806)863-2462 p.o. box 65
(806)863-2479 fax wolfforth, texas 79382
r
SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1. GENERAL:
1.1. The project site is 1301 Broadway, Lubbock, Texas.
1.2. The general scope of the work is to remove TSI, floor the and mastic.
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. ACM MATERIALS TO REMOVEIWORK AREAS:
2. L Duct Isolators:
r Remove duct vibration isolators from abandoned AHU in basement of Annex
Building. _
2.2. Floor Tile and Mastic:
Remove floor tile and mastic from basement of Annex Building.
2.3. Boiler Flue TSI:
5 Remove all block -type ACM TSI on the boiler flue in the basement mechanical room
(the flues are insulated for their entire length in ACM}. -
2.4. Pipe TSI:
Remove all block -type ACM TSI on steam piping shown on the drawings (the pipes
are insulated for their entire length in ACM).
Remove all aircell-type ACM-TSI on HW and DHWR piping shown on the drawings
(the pipes are insulated for their entire length in ACM).
2.5. Pipe Fittings:
Remove all pipe fittings from pipe systems mentioned above.
01010-1
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3. WORK SCHEDULE:
3.1. Project Start Date The start date will be negotiated after bids are accepted, but no later
than 15 Sep 1998.
3.2. Time Allowed for Completion:
3.2.1. Completion time is to include all prep work, removal of specified ACM, clean-up,
final clearance testing, removal of containments, vacating the work site, etc.
3.2.2. All work shall be completed in four consecutive weeks (twenty work -days broke
into five-day weeks followed by non -work weekends).
3.3. Duration of Work -Day:
3.3.1. Monday Through Thursday: For the purposes of these specifications a "work -day" is
defined to mean a nine -hour period starting at 8:00 AM and ending at 5:00 PM with one-
half hour off for lunch.
3.3.2. Friday: For the purposes of these specifications a `work -day" is defined to mean a
seven hour period starting at 8:00 AM and ending at 3:00 PM with one-half hour off for
lunch.
3.3.3. A `work -day" is further defined as a "week" day, i.e. Monday through Friday.
4. FINAL PAYMENT:
4.1. Contractors payment will be for the lump sum of contract, received after completion of
contract.
4.2. Contractor shall furnish required project manuals and final pay request to the Consultant
for approval_ See Section 01700 for details.
END SECTION - 01010
01010-2
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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
Fla 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
r 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
r coordinate the activities of the various trades, subcontractors, etc. involved to complete the
project in accordance with the contract documents.
r 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.
5. GENERAL CLEANING:
5.1. Contractor shall be responsible for leaving area clear of contractor generated trash and
waste.
01040-1
5.2. Contractor shall haul all trash generated from project to landfill. Contractor shall clear
and broom sweep buildings walks.
END OF SECTION 01040
01040-2
r-
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
released regulations, and hold harmless the Owner, Engineer/Consuhant 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.
01060-1
3.4. Barricades: Marker tape, hazard posting signs, walkways, fences, and other structures
required by Federal, State Regulations and Local ordinances. Leave access to fire hydrants and
protect public and adjacent property at all times. Post proper signs at all entrances and comply
with all other safety precautions including applicable provisions of the National Occupational
Health and Safety Act (NOSHA) 1970. Contractor will be held liable for damage to property
or persons.
3.5. Asbestos Hazard Signs: The contractor shall post hazard warning signs in a manner
sufficient to alert workers of hazard.
4. REFERENCED STANDARDS:
4.1. General: Contractor shall comply with all reference documents. Regulations, standards,
terms and definitions shall be accepted into specifications by reference, and shall be enforced as
such
4.2. Definitions and Terms: Texas Asbestos Health Rules (TAHPA) TAC 295.31-295.71 22
September 1994: Terms, standards and definition used in these specifications are as outline in
TAC 295.32
4.3. American National Standards Institute (ANSI) Publications:
4.3.1. Z9.2-79 Fundamentals Governing the Design and Operation of Local Exhaust
Systems.
4.4. American Society for Testing and Materials (ASTM) Publications:
4.4.1. E-849-82 Safety and Health Requirements Relating to Occupational Exposure to
Asbestos. '
4.5. Code of Federal Regulations (CFR):
4.5.1. 29-CFR 1910.134: OSHA Respirator Requirements.
4.5.2. 29-CFR 1926.58: Safety and Health Regulations for Construction; Asbestos,
Tremolite, anthophyllite, and actinolite.
4.5.3. 29 CFR 1910, 1915, and 1926 et. aL: Occupational Exposure to Asbestos Final
Rule. 1926. 1101
4.5.4. 29 CFR 1928&1926.100-106 Personal Protective Equipment
4.5.5. 29 CFR 1926.56 Illumination
4.5.6. 29 CFR 1926.32 OSHA Competent Person on job site. Ammended in 1926.1101
01060-2
4.5.7. 34-CFR-231, Appendix C: Procedures for Containing and Removing Building
Materials Containing Asbestos.
4.5.8. 40-CFR-61: National Emission Standards; Subpart A, General and Subpart M,
National Emission Standards for Asbestos.
4.5.9. 40-CFR-61.145: Standards for Demolition and Renovation
4.5.10. 40-CFR-260-265: Various EPA regulations implementing RCRA (Resource
Conservation and Recovery Act). Waste disposal.
4.5.11. 40-CFR-763 and Appendices: AHERA regulations
4.6. TDH Texas Department of Health and Occupational Safety Rules:
4.6.1. 25 TAC 295.31 thru 295.71, "Texas Asbestos Health Protection Rules. (TAPHA)
4.7. TNRCC: Texas Natural Resource Conservation Commission Regulations:
4.7.1. 31 TAC 101.28 Asbestos Notification Fees, updated 9/l/93. TNRCC regulations.
P•
F 5. ITATIONS - REGULATORY VIOLATIONS
5.1. Any citations issued or regulatory violations assessed on this project will be promptly
reported to the Engineer, Consultant, and Owner.
5.2. Any fines or penalties by a regulatory agency shall become the responsibility of the
contractor.
5.3. Penalties or fines assess to the owner, Engineer, or Consultant will be deducted from the
contractors final payment.
END OF SECTION 01060
01060-3
SECTION 01100 - SPECIAL PROJECT PROCEDURES
1. SITE AVAILABILITY:
I.I. 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
i specific -warning signs. Post barrier at locations to adequately warn building occupants and
provide a secured area for workers.
2.2. The contractor shall be held responsible for securing the job site at the end of the
workday. This shall include building/work area security, control of water and electricity used
on site.
3. COMPLETION DATE:
3.1. It is the responsibility of the Contractor to meet the completion datelschedule specified.
Failure to meet the scheduled date may activate any Liquidated Damages provisions of the
Agreement, and such damages shall continue until substantial completion of the project is
achieved.
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 EngineerlAir-
r' monitoring firm, consultant, or other trades -may, at the Owners discretion, be deducted in full
from the contractors contract amount or payment.
3.2.1. The contractor shall not construe this deduction as a penalty by the Owner to the
contractor for failure to meet contract conditions, rather a compensation for additional
expenses incurred.
4. OWNER OCCUPANCY:
4.1. The owner reserves the right to occupy the space or install equipment as necessary to
conduct other non asbestos related construction, repair or remodel work, either by Owner or
01100-1
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. _
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
SECTION 01200 - PROJECT MEETINGS
1. PRE -CONSTRUCTION MEETING:
I.I. 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 building 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
01200-1
i-*
1. GENERAL:
SECTION 01500 - CONSTRUCTION FACILITIES
►-+ 1.1. The owner of the facility extends the use of his facility to the contractor in the good faith
the contractor will use care and all precaution to prevent damage to the facility. The owner is
unaware of any existing damage to his facility. Before contractor begins any work in the
.. facility the contractor shall inspect the area and furnish to the Consultant/Engineer a completed
list of any existing damage discovered before any work under this contract has started.
Damage discovered after work has begun with be assumed as caused by contractor.
1.2. The contractor is reminded of the possible presence of other asbestds containing materials
outside the scope of the contract. The contractor shall remain solely responsible for the safety
of workers and sub -contractors, and shall take all precautions for their safety.
1.3. The contractor shall upon discovery of suspect ACM materials take what actions are
necessary for protection of the work place and all personnel of the project, until the
r determination can be made as how next to proceed.
1.3.1. The contractor shall report to the Consultant/Engineer all such findings promptly.
r, 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:'
7
2.1. The owner extends to the contractor the privilege of using the existing water, electricity,
heat, and toilet facilities during the project.
r
f
2.1.1. The contractor shall not utilize any of the Owner's private phones, office equipment,
kitchen equipment, or any areas of the building for lodging. -
2.2. Electrical: Comply with all- applicable standards including but not limited to NEMA,
NECA, and all UL Standards for materials and electrical services.
2.2.1. Temporary power: The contractor shall provide service temporary panels with
proper sized over current protection device. Ensure all electrical work complies with NEC
(National Electrical Code).
2.2.2. Ground fault: The contractor shall provide receptacle outlets with ground fault
interrupters, RESET BUTTON and lights for connection to power equipment.
01500-1
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
signs and quick instructions for use at each extinguisher location, instruct workers on proper
use and locations before beginning project.
3.3. Emergency numbers: Contractor shall post phone number of local fire department at most
visible location before work has begun.
01500-2
4. SCAFFOLDING AND LADDERS:
4.1. Contractor shall provide his own scaffolding and ladders as necessary for the performance
of his trade. All such shall be erected, installed to afford safety and protection to workers and
work areas. Scaffolding and ladders shall comply with OSHA and other standards. Equip rungs
and surfaces with non-skid surfaces, and provide base footings with protection to eliminate
' damage to poly surfaces, flooring or covered surfaces.
4.2. Installation of all equipment shall be subject to Owner and Consultant/Engineers
approval
5. REMOVAL OF TEMPORARY EQUIPMENT:
5.1. When temporary equipment is no longer required the contractor shalt completely remove
equipment from job site, and repair\ replace any materials, equipment ox 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 budding or building operations.
7.2. The contractor shall provide for storage of equipment in a manner with will not impair
I 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.
7.2.2.
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
a from the building at the end of each shift. All occupied areas shall be broomed clean and
4 restored to original condition at end of each shift.
8.2. In the event the Owner\Consultant/Engineer is fined for the illegal discharge\d sposal or
lack of action by contractor of generated waste materials, the Owner may withhold from the
contractor final pay request an amount equal to triple the amount of fine(s).
END OF SECTION 01500
01500-3
SECTION 01600 - MATERIAL AND EQUIPMENT
1. GENERAL:
1.1. Materials and Workmanship: Unless otherwise specified, all materials shall be new, of the
best grade and kind specified. Workmanship shall be of the best recognized standards known
to the various trades.
1.2. Transportation and Handling: Methods of crating, transportation, and handling of
materials and equipment, on or off the site, shall be in accordance will Federal, State and Local
regulations.
1.3. Storage and Protection: Protect work, materials, equipment as to provide for building
occupants protection, and not impair traffic to work area -
2. ON -SITE STORAGE:
2. L 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
01600-1
SECTION 01700 PROJECT CLOSEOUT
1. COMPLETION OF CONTRACT:
I.I. 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:
I 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.
3.3. The guarantees imply and require that faulty materials, workmanship or errors be
promptly corrected by Contractor without cost to the Owner.
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.
i
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.
r^
01700-1
i
5. 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/Consuhanf 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.
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.
01700-2
r. 7. "FINAL ACCEPTANCE" INSPECTION:
7.1. Contractor shall request Architect/Consultant make a final 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/Consuhant'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,
Architect/Consultant and representatives of the Owner and Contractor will re -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.
7.4. Contractor will still be responsible for performing all the work of the Contract including
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.
r S. CLOSE-OUT PROJECT MANUAL:
I,
8.1. Presentation of Data: Where possible data shall be presented on 8 112 X 11 sheets.
8.2. Submit the following:
8.2. L Contractors license.
8.2.2. The list of major subcontractors on AIA Document G805.
8.2.3. Certificate of Insurance, AIA Document G705.
01700-3
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,
82.8.5. record of containment differential pressure.
8.2.9. Visitation log.
8.2.110. Original, executed waste manifest.
8.2.11. Written guarantees.
8.2.12. Contractor's Affidavit of Release of Liens.
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
r- specified asbestos control limits duruag 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 in, and which maintains a regular force
of workers skilled in asbestos abatement, and shall have performed this work on previous
projects for a period of not less than three (3) years. See "Submittals" paragraph for
information which must be submitted and approved.
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
stated in the notification shall be deducted from the Abatement Contractor's final payment.
r
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.
4.2. Before the work is begun clean all removable items and equipment. Remove them from
the work area and store as directed.
02020-1
4.3. Post warning signs and labels as required by AHERA and 29 CFR 1926.58, ASTM E
849, and as directed by the Owner or Engineer.
5. 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 workspace 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).
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.
02020-2
6.3. L ' 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.
8. 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
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.
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. CLEANUP AND DISPOSAL:
10.1. Clean work area and dispose of containment and bagged ACM materials.
02020-3
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
r"
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.
1.1.2. 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 "personal" 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:
r 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.
r1*
2.2. The Abatement Contractor agrees to hold the Consultant harmless regarding respiratory
- protection equipment.
3. CONTRACTOR'S RESPONSIBILITIES:
02032-1
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 four workers).
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.
3A. 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 equipment 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 respond 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
Ems running and scheduling a meeting with the Consultant to resolve the issue.
END OF SECTION 02032
02032-2
SECTION 02040 - ASBESTOS CONSULTANT
OBSERVATION ACTIVITIES
1. OVERVIEW
I.I. This section describes the observation activities to be conducted by the Owner's
Consultant and the manner in which the Contractor shall coordinate/facilitate these activities.
r 1.2. Observations by the Consultant are accomplished to determine whether the abatement
contractor is complying with plans and specifications.
r-�
2. ABATEMENT CONTRACTOR'S REQUIREMENTS:
r 2.1. The Asbestos Abatement Contractor shall cooperate with and assist the Asbestos
k Consultant in performing the activities stated herein.
2.2. The responsibility for compliance with any Federal, State, or Local regulations shall
remain SOLELY the responsibility of the Contractor. This responsibility shall NOT shift to
t either the Consultant or the Consultant's Representative regardless of the outcome of any
observation 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 ACTIVITIES:
3.1. General: The Consultant shall observe Abatement Contractor's actions to determine
compliance with plans and specifications.
3.1.1. Observations 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. ON -SITE SUBMITTAL REVIEW:
r 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.
r
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02040-1
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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. PRE -ABATEMENT CONTAINMENnWORK AREA OBSERVATION:
5.1. The work area, work area containment, and equipment and supplies shall be observed 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.
6. DURING -ABATEMENT CONTAINMEN nWORK AREA OBSERVATIONS:
6.1. Multiple observations of the containment, work area, etc. will be conducted by the
Consultant at random intervals during the removal -period to determine that work is proceeding
in accordance with contract documents.
6.1.1. Any deficiencies will be corrected by the contractor immediately.
6.2. Observation 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. POST-ABATEMENT/PRE-CLEARANCE OBSERVATION:
7.1. Observation shall be accomplished prior to removal of any poly sheeting.
7.2: After final cleaning of the containment aiea, the Consultant shall conduct a visual
observation 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).
8. POST -CLEANUP OBSERVATION:
8.1. An observation will be conducted of each work area after the contractor has removed the
containment, critical barriers, and all equipment for the area.
02040-2
8.2. A Deficiency List will be issued to the contractor for any items requiring correction or
completion. Deficient items shall be promptly addressed by the contractor and the Consultant
notified.
END OF SECUON 02040
02040-3
i
SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION
PART 1 - GENERAL
1. DESCRIPTION OF WORK:
1.1. This section describes the equipment and procedures for protection of workers against
asbestos contamination.
1.2. These methods are the minimum acceptable, the contractor shall be responsible for
adapting these standards to comply with current regulations, and trade practices.
2. REFERENCES:
2.1. General: The following standards are made a part of the contract documents by reference
and shall be enforced as if they were written into the specification in their entirety. The listed
standards shall be "minimum acceptable"; comply with more stringent requirements of these
specifications where such requirement exists.
2.1.1. ANSI: ANSI-Z180.2, Practices for Respiratory Protection.
2.1.2. OSHA
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 appendices
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.
3.2. The contractor shall enforce company program and ensure respiratory protection is used
by all employees any time workers are in work area, regardless of activities performed or
airborne fiber counts.
02050-1
r
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 visitors.
4.3. Gloves: Provide water -proof glove for all workers and visitors.
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 identify
the component and available replacement parts.
5.3. Respirator Protection Factors: All respirators shall have at least the following protection
factors:
Respirator
Type
Protection
Factor
Half -Mask Air Purifying
10
Negative Pressure, Full Face
10
Powered -air, full face APR)
50
02050-2
i
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:
6. L All personnel (workers, inspectors, etc.) shall wear full body suites, gloves and rubber
boots whenever in the work area.
6.2. No protective clothing shall be worn outside the work area.
6.3. Contractor shall provide sufficient number of changes for all workers and inspectors on
the project.
7. MINIMUM RESPIRATORY REQUIREMENTS:
7.1. The minimum respiratory requirements for this project are as follows:
Activity
Contamination
Level
Minimum Respiratory
Equipment
Prep Work
less than 0.01 f/cc
none required.
Abatement
less than 0.1 f/cc
Half -face or Full -Face
Abatement
0.1 to 0.5 f/cc
PAPR
Abatement
above 0.5 f/cc
Coordinate with consultant
Gloyebag
less than 0.1 Fcc
Half -face or Full- Face
Bag -Out
less than 0.1 Fcc
Half -face or Full -Face
8. DECONTAMINATION OF WORKERS:
8.1. All workers shall decontaminate through a three stage (wet) decontamination unit prior to
exiting the work area.
- 8.1.1. Workers shall exit work area in suit and respirator then proceed to decontamination
unit.
r 8.1.2. Workers shall enter decontamination unit through equipment room.
I
A
02050-3
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:
-critical prep work,
-glove bag removal,
-waste load out,
-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 Non -Contractor Personnel:
9.6.1. The project maybe visited by OSHA, EPA, etc. personnel
9.6.2. Contractor shall provide clean respiratory equipment for any and all authorized non -
contractor personnel, including Consultant, if so requested.
9.6.3. Contractor shall provide throughout the project a complete set of equipment
(respirator and disposable clothing) for all authorized non -contractor personnel, including
Consultant's personnel
END OF SECTION - 02050
02050-4
SECTION 02070 - CONTAINMENTS
PART 1- GENERAL
1. DESCRIPTION OF WORK:
I.I. The contractor shall provide a full containment for each work area.
PART2-PRODUCTS
2. CONTAINMENT MATERIALS:
2.1. Polyethylene sheeting: Provide polyethylene sheeting of 4 mil thickness sized for
application.
2.2. Adhesive tape: Provide adhesive tape in 2" or 3" widths with adhesive formulated to
adhere to poly in hot, humid and wet removal conditions.
2.3. Spray adhesives: Provide spray adhesive formulated for application with poly, and other
surfaces in hot, humid and wet removal conditions.
2.4. Signs: Contractor shall post OSHA required asbestos hazard warning signs and barrier
tape-
7
2.5. HEPA Filtration Device: Contractor shall provide HEPA filtration device(s) for each
work area. Fans shall be able to maintain 4 air changes per hour in work area.
2.6. Wood Studs: Provide stud -grade 2x4, 2x6, 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: Erect containment with one layer of 6 mil poly as first layer of
containment. Apply second layer of 4 mil poly as interior layer for containment. Poly all walls
to form air tight seal in room. -
3.3. 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
02070-1
3.4. Air Locks: Budd 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.
3.5. 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.
3.5.1. Provide black poly sheiilding of shower area for modesty.
3.6. Local Exhaust System: Provide a local exhaust system in the asbestos control area as
required to meet the asbestos control limit and ceiling concentration. Systems used shall
provide a minimum of four air changes per hour per work area. The local exhaust system shall
be in accordance with ANSI Z9.2, using high efficiency particulate air (BEPA) 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.
3.6.1. Exhaust bans: 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
SECTION 02082 - TSI (GLOVEBAG) REMOVAL METHOD
PART 1 - GENERAL
1. DESCRIPTION OF WORK:
I.I. This section describes the glovebag removal methods for ACM thermal system
insulation.
1.2. Materials to Be Removed: The following asbestos -containing. materials are to be
removed:
1.2.1. ACM block type pipe -insulation and/or cementitious materials on pipe fittings,
valves, etc. on the various piping systems in each boiler room.
1.2.2. ACM "Air -Cell" pipe insulation of the various piping systems. in each boiler room.
1.3. Conduct glovebag removal in modified containment with HEPA filtration device(s) and a
worker decontamination unit.
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.
p 2. QUALITY ASSURANCE:
�.., 2.1. Contractor shall visit site and review drawing to determine difficulties involved with
removal of the specified ACM materials.
r., PART 2 - PRODUCTS:
i
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. Glovebags: Provide glovebags for removal of pipe lagging.
3.3. Sprayer: Provide sprayer with capacity of delivering a spray under pressure.
02082-1
r
3.4. Waste Containers: Disposal bags provide 6 mil disposal bags or sealable drums.
3.5. Encapsulant: Provide lock down encapsulants _for the encapsulation of fibers following
the abatement.
3.6. HEPA Vacuum Provide HEPA vacuum for evacuating all air from glovebags prior to
removal of bag from pipe.
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
4.3. The contractor shall wet wipe effected area prior to HEPA vacumming same.
5. GLOVE BAG REMOVAL:
5.1. Contractor shall repair and tape any damaged areas on piping, then install glovebags in a
manner which will not distrub any ACM.
5.1.1. Contractor shall first wet ACM with a penetrating encapsulant, then immediately
place glove bag on pipe and seal ends.
5.2. Removal of all ACM insulation will be conducted utilizing a negative pressure glove bag
removal technique.
5.3. Before beginning removal designate a removal team to consist of two persons inside
containment suited in "tyvek type" suits and half- or full -face respirators.
5.3.1. Tape sides of bag to previous installed tape, seal tightly, and allow for working
room.
5.3.2. Use smoke tube to test seals, insert smoke tube through sprayer hole and fill bag,
gently squeeze bag while looking for leaks, adjust fit or re -tape as necessary.
5.3.3. Insert wand of spray pump in sprayer hole and tightly seal with tape to bag.
5.3.4. Insert nozzle for HEPA vacuum in opening of bag and tape to form air -tight seal.
1*111w%
6. DISPOSAL OF ACM WASTE:
6.1. Contractor shall bag all generated ACM waste wet. Materials will not be allowed to dry
before bagging.
6.2. Prior to placement of bagged waste into second bag, wash and wet wipe clean.
6.3. All waste shall be double bagged in 6 mil poly bags, and label to comply with NESHAPS
regulations for disposal.
6.4. Clean up and disposal. See Section 02090 for details.
END OF SECTION 02082
02082-3
r
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a.
SECTION 02083 - TSI (NON-GLOVEBAG) REMOVAL METHOD
PART 1- GENERAL
1. DESCRIPTION OF WORK:
1.1. This section describes the removal methods for ACM thermal system insulation.
1.2. Materials to Be Removed: The following asbestos -containing materials are to be
removed:
1.2.1. ACM block type pipe -insulation and/or cementitious materials on flues, pipe, pipe
-fittings, valves, etc. of the various identified piping systems.
1.2.2. ACM "Air -Cell" pipe insulation on the various identified piping systems.
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 and pipe 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. OUALTTY 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. Sprayer: Provide sprayer with capacity of delivering a spray under pressure.
3.3. Waste Containers: Disposal bags provide 6 mil disposal bags for ACM pipe lagging, and
sealable drums for floor tile.
3.4. Encapsulant: Provide lock down encapsulants for the encapsulation of fibers following
the abatement.
02083-1
I
PART 3 - EXECUTION:
4. PRE -CLEANING OF WORK AREA:
4. L Prior to beginning any cleaning start Hepa filtration devices and attach decontamination
unit.
4.2. The contractor shall pickup all visible ACM debris scattered in the work area. Bag and
store in waste storage area.
4.3. The contractor shall wash down and wet wipe effected area prior to HEPA vacuuming
same.
5. REMOVAL IN FULL CONTAINMENT:
5.1. Prior to removal all affected ACM shall be adequately wet to reduce the spread of fibers
and dust in the work area.
5.2. All ACM removal shall be conducted inside a full containment with HEPA filtration fans,
with a attached decontamination unit.
5.2.1. No un-bagged waste shall accumulate in the work area.
5.3. The removal shall be conducted by teams. A team shall consist of one man doing the
removal, and one man below bagging waste. The removers shall remove the blocks and debris,
handing to the men below to bag.
5.4. At no time shall the removal method allow un bagged amounts of ACM to accumulate in
the work area.
5.5. All bagged waste bags shall be wiped clean and placed in the waste storage area prior to
the end of that shift.
5.6. After abatement is complete, clearance samples pulled/analyzed and containment
removed; saw -cut pipe materials into four foot lengths and dispose of as non -ACM waste.
Also remove all pipe supports. Do NOT allow pipe to fall onto floor.
END OF SECTION 02083
02083-2
SECTION 02084 - FLOOR TILE REMOVAL METHOD
PART 1- GENERAL
1. DESCRIPTION OF WORK:
1.1. This section descn'bes the removal methods for ACM floor tile.
1.2. Materials to Be Removed: The following asbestos -containing materials are to be
removed:
ACM floor tile.
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.
r- 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:
C 3.1. Wetting agents: Provide wetting agents for wetting ACM before disturbance, use either
�. -amended water of diluted removal encapsulates.
r' 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.
3.5. Waste Containers: Disposal bags provide 6 mil disposal bags or sealable drums.
3.6. Encapsulant: Provide lock down encapsulants for the encapsulation of fibers following
the abatement.
02084-1
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 the 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.
5.3.1. 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
t
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. QUALITY ASSURANCE:
r 2.1. Licenses: The contractor shall be licensed with the State for transporting asbestos.
PART 2 - MATERIALS
r 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 requirements 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
impleeml-enting the intent of the Resource Act (40 CFR 260-265) at an EPA approved sanitarylandfil
_
4.4. Housekeeping: Essential parts of asbestos dust control are housekeeping and clean-up
procedures.
02090-1
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.
5. 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
thorough wet -cleaning process. Following this cleaning notify Owner's representative that the
area is ready for final testing.
7. FINAL CLEARANCE TESTING:
7.1. Upon notification that the area is ready for ready for clearance sampling, Owner's
representative shall perform the clearance air sampling.
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8. RE -TESTING POR 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 limits), then Contractor shall re -clean the
entire area by thoroughly wet -wiping every surface in the work area (floor, wall, ceiling, etc.).
r" 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 0.01 fibers/cc, 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
bagstbarrels.
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.
10. DISPOSAL OF ACM WASTE:
10.1. Contractor shall comply NESHAP regulation in 40 CFR and State of Texas regulation
for waste disposal.
10.2. Contractor shall manifest loads on State of Texas Waste Manifest.
10.3. Contractor shall submit manifest and landfill receipts to Engineer in project close out
book.
END OF SECTION 02090
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