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Home My WebLink AboutResolution - 2014-R0005 - 11629 NG Painting - 01_09_2014 (3)Resolution No. 2014-R0005 January 9, 2014 Item No. 5.7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11629 for the construction of a two tank coating project, by and between the City of Lubbock and N.G. Painting, L.P., of Kerrville, Texas, and 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 City Council. Passed by the City Council on J ATTEST: Rebe ca Garza, City Secretary 9, 2014 GL/V,YC. RMWRTSON, MAYOR APPROVED AS TO CONTENT: /2- /- - R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-N.G. Painting December 11, 2013 REVISED PROPOSAL SUBMITTAL FORM LUMP SUM PRICE PROPOSAL CONTRACT DATE: 12-2-13 RFP: 14-11629-MA — Two Tank Coating Project Proposal of Offeror) N.G. Painting, L.P. To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) (hereinafter called Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a Two Tank Coating Project having carefully examined the plans, specifications, instructions to offerors, notice to offerors 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. Two Tank Rehabilitation Project BID DESCRIPTION QTY (+/ - IU/M UNIT TOTAL COST ITEM PRICE South East Water. Reclamation Plant Ground Storage Tank Mobilization - Including Contractor 1 mobilization, site containment BMPs, signage, 1 LS 1 0, 0 0 0.0 0 1 0, 0 0 0.0 0 preparation, insurance, payment bond, performance bond and demobilization. Blasting Exterior- Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must 2 conform the technical specifications specified 1 LS 70,000.00 7 0, 0 0 0.0 0 herein. All removal, disposal, required submittals, and protection systems for the removal of the lead containing coating system is subsidiary to this bid item. Blasting Interior - Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must 3 conform the technical specifications specified 1 LS 70,000.00 70,000.00 herein. All removal, disposal, required submittals, and protection systems for the removal of the lead containing coating system is subsidiary to this bid item. Exterior Coating System - Includes all 4 materials, labor and equipment needed for the 1 LS 20,000.00 2 0, 0 0 0 .0 0 proper application of the coating system specified herein. Interior Coating System - Includes all materials, labor and equipment needed for the 1 LS 10,000.00 1 0, 0 0 0. 0 0 proper application of the coating system specified herein. North Water Treatment Plant Backwash Tank Mobilization - Including Contractor 6 mobilization, site containment BMPs, signage, I LS 3, 0 0 0. 0 0 3, 0 0 0. 0 0 preparation, insurance, payment bond, performance bond and demobilization. Blasting Exterior- Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must 7 conform the technical specifications specified I LS 1 2 0, 0 0 0. 0 1 2 0, 0 0 0. 0 0 herein. All removal, disposal, required submittals, and protection systems for the removal coating system is subsidiary to this bid item. Exterior Coating System - Includes all 8 materials, labor and equipment needed for the 1 LS 20,000.00 2 0, 0 0 0.0 0 proper application of the coating system specified herein. TOTAL PROJECT AMOUNT 3 2 3, 0 0 0.0 0 i Offeror's Initials Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ( 180 ) Consecutive Calendar Days Completed by Contractor (180) Written Days Completed by Contractor CONSECUTIVE CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $300 per day for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more frilly set forth in the general conditions of the contract documents. Additionally, specifically related to the removal and application of coatings inside of the Effluent Application Tank, Offeror hereby agrees to pay the Owner the sum of $1,000 per day for each consecutive calendar day in excess of 45 days for operational shutdown of Effluent Application Tank. Calculation of totals days shall begin on the date accepted by South East Water Reclamation Plant (SEWRP) operations staff upon written request by the Offeror. (--3 0 )number of proposed operational shutdown days proposed for the South East Water Reclamation Plant (SEWRP) Ground. Storage Tank (GST). Not to exceed 60 days. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror 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 proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors 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 proposal 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 proposal submitted as a guarantee that offeror 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. Offeror's Initials Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for hu are, fWev ($ ) or a Proposal Bond in the sum of sixteen thousand one Dollars ($1 6, 1 50. 00 which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal 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) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. 1 Date Addenda No. Date Addenda No. Date Addenda No. Date Date: 12-2-13 .,�- 11 Z� - Autl ed Signatur Nick Gramat' kis (Printed or Typed Name) N.G. Painting, L.P. Company 1225 Bandera Hwy, Ste. A2 Address Kerrville City, Texas Kerr County 78028 State Zip Code Telephone: 830 _ 257-5940 Fax: 830 79 _— 968 Email:dawnng a i nt i nc (abctc . net FEDERAL TAX ID or SOCIAL SECURITY No. 74-2539112 INIMBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Contract is viewable in file. BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: CITY OF LUBBOCK SPECIFICATIONS FO' Two Tank Coating Project RFP # 14-11629-MA CONTRACT # 11629 PROJECT NUMBER: 91083/8556 Plans & Specifications may be obtained downloaded www.bidsync.com 201q- R(,6oS-- City Of u bock CITY OF LUBBOCK �L Page Intentionally Left Blank t ADDENDUMS 1 I` Page Intentionally Left Blank V, Lj City of bbo k TEXAS ADDENDUM 1 RFP 14-11629-MA Two Tank Coating Project DATE ISSUED: November 22, 2013 CLOSE DATE & TINIE: December 3, 2013 at 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals. Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised of the following: 1. The attached R sealed proposaf must be submitted with 2. 2. A blank line has been added to the Bid Submittal form to allow the contractors to specify the number of days for the operational shutdown for the South East Water Reclamation Plant (SEWRP) Ground Storage Tank (GST). 3. "Due to SEWRP regulatory operational constraints the interior blasting and coating of the Ground Storage Tank must be begin immediately once the contracts are signed by both parties. Additionally, a predetermined Notice To Proceed date shall be set for on or before 27 January 2014 which allows a maximum of 45 working days to complete the interior coating system and return the SEWRP Ground Storage Tank into service." All requests for additional information or clarification must be submitteti`in writing and directed to' City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to tnalvarez(a�,mylubbock.us THANK YOU, � V4� Tt�� Director of Purchasing & Contract Management It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the Offeror's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any language,lr uirements, etc., or any combinations thereof, inadvertence restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing & Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. REVISED PROPOSAL SUBMITTAL FORM LUMP SUM PRICE PROPOSAL CONTRACT DATE: RFP: 14-11629-MA — Two Tank Coating Project Proposal of (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a Two Tank Coating Proiect having carefully examined the plans, specifications, instructions to offerors; notice to offerors 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 nice to cover all exnenses incurred in nerforming the work required under the contract documents_ Two Tank Rehabilitation Project Q� DESCRIPTION U/M TOTAL COST ITEM PRICE Soutli�as��f�"aterTtecla ahon�Plani�.�rouriil�S.fora e��ani�� -��` _ Mobilization - Including Contractor mobilization, site containment BMPs, signage, 1 1 LS preparation, insurance, payment bond, performance bond and demobilization. Blasting Exterior- Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must conform the technical specifications specified 2 1 LS herein. All removal, disposal, required submittals, and protection systems for the removal of the lead containing coating system is subsidiary to this bid item. Blasting Interior - Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must conform the technical specifications specified 3 1 LS herein. All removal, disposal, required submittals, and protection systems for the removal of the lead containing coating system is subsidiary to this bid item. Exterior Coating System - Includes all materials, labor and equipment needed for the 4 1 LS proper application of the coating system specified herein. Interior Coating System - Includes all materials, labor and equipment needed for the 5 proper application of the coating system 1 LS specified herein. Backwasli�Tank r�iorth�V'4�ater�Treatment�'lant ;.x -� � � K I j 6 Mobilization - Including Contractor mobilization, site containment BMPs, signage, preparation, insurance, payment bond, performance bond and demobilization. 1 LS Blasting Exterior- Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must conform the technical specifications specified 1 LS herein. All removal, disposal, required submittals, and protection systems for the removal coating system is subsidiary to this bid item. Exterior Coating System - Includes all 8 materials, labor and equipment needed for the 1 LS proper application of the coating system t. specified herein. TOTAL PROJECT AMOUNT Offeror's Initials Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ( 180 ) Consecutive Calendar Days Completed by Contractor (180) Written Days Completed by Contractor CONSECUTIVE CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $300 ep r day for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he 3 further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials i Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal 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) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Telephone: Fax: Zip Code Email: FEDERAL TAX ID or SOCIAL SECURITY No. M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) c c bbo k TEXAS ADDENDUM 2 RFP 14-11629-MA Two Tank Coating Project DATE ISSUED: November 26, 2013 CLOSE DATE & TIME: December 3, 2013 at 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals. Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised of the following Q and A's: Question 5 as listed on Bidsync.com: Q 1: Are lead results available for the South East Tank Exterior and Interior? A 1: Please see the attached report for lead levels for the exterior coating system. Only the tank exterior was tested for lead levels at the time because at the of testing the tank was in service. All bidders are to assume that the corresponding lead levels found in the report for the exterior correlate to the coating system on the interior. Q 2: Is class lA containment required for the Backwash tank that does not have lead? A 2: Please refer to Section 09900, Subsection 2.4 and 2.5. Q 3: When is work expected to proceed? A 3: Refer to Addendum 1. All requests for additional information or clarification must be submitted`in writing:and'duected fo City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to malvarez(@mylubbock.us THANK YOU, Marta Alvarez Director of Purchasing & Contract Management It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the Offeror's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing & Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. IS? Ix • 6701 Aberdeen Avenue, Suite 9 Lubboek.Texas, 79424 BOU•3784-1296 806*794•1296 FAX 806.794.1298 200 East Sunt=Hoad, Suite E1 Pasoi Texas79922-68B•588-3413 915.585.3443 FAX 915■595*4944 5002 Basin Street, Suite Al - Midland,Texas 79103 432.68906301 FAX 432-6H9,013 6015 Harris Parkwsy. Suit(110 H. Worth,'Texas 76132 817.201 #5260 E-Mail:- lab®traccanalysis.com Certifications WBE HUB NCTRCA DBE NELAP DoD LELAP Kansas Oklahoma ISO17025 Analytical and Quality Control Report Josh Kristinek Report Date: December 14, 2011 City of Lubbock - Water Engineering h! 1625 13th Street Work Order: 11121208 Lubbock, TX, 79401 Project Location: SEWRP Project Name: Canyon Lake Ground Storage Tank Project Number: SEW" Enclosed are the Analytical Report and Quality Control Report for the following sample(s) submitted to TraceAnalysis, Inc. Date Time Date Sample Description Matrix Taken Taken Received 284143 Lead Sample Small paint chips 2011-12-09 00:00 2011-12-09 284144 Lead Sample Large paint chips 2011-12-09 00:00 2011-12-09 These results represent only the samples received in the laboratory. The Quality Control Report is generated on a batch basis. All information contained in this report is for the analytical batch(es) in which your sample(s) were analyzed. This report consists of a total of 8 pages and shall not be reproduced except in its entirety, without written approval of TraceAnalysis, Inc. Dr. Blair Leftwich, Director Dr. Michael Abel, Project Manager Report Contents Case Narrative 3 Analytical Report 4 Sample 284143 (Lead Sample Small) ... ...................... ................... 4 Sample 284144 (Lead Sample Large) . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Method Blanks 5 QC Batch 87125 - Method Blank (1) ................ ......................... ... 5 Laboratory Control Spikes 6 QC Batch 87125 - LCS (1) .................. .. . ............................ 6 QC Batch 87125 - MS (1) ................... ... ............................ 6 Calibration Standards 7 QC Batch 87125 - ICV (1).................................................. 7 QC Batch 87125 - CCV (1) ........ ............. ............ ................ 7 Appendix 8 Report Definitions . . . . .. .. . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 8 Laboratory Certifications . . ... . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . .. . .. . . . . . . . . 8 Standard Flags ... . . ........ ............ ... ............. ............... 8 Attachments......................................................... 8 Page 2 of 8 Case Narrative Samples for project Canyon Lake Ground Storage Tank were received by TraceAnalysis, Inc. on 2011-12-09 and assigned to work order 11121208. Samples for work order 11121208 were received intact at a temperature of 22.3 C. Samples were analyzed for the following tests using their respective methods. Prep Prep QC Analysis Test Method Batch Date Batch Date Pb, Total S 6010C 73973 2011-12-13 at 10:03 87125 2011-12-13 at 15:37 Results for these samples are reported on a wet weight basis unless data package indicates otherwise. A matrix spike (MS) and matrix spike duplicate (MSD) sample is chosen at random from each preparation batch. The MS and MSD will indicate if a site specific matrix problem is occurring, however, it may not pertain to the samples for work order 11121208 since the sample was chosen at random. Therefore, the validity of the analytical data reported has been determined by the laboratory control sample (LCS) and the method blank (NIB). These quality control measures are performed with each preparation batch to ensure data integrity. All other exceptions associated with this report have been footnoted on the appropriate analytical page to assist in general data comprehension. Please contact the laboratory directly if there are any questions regarding this project. Page 3 of 8 Report Date: December 14, 2011 Work Order: 11121208 Page Number: 4 of 8 SEWRP Canyon Lake Ground Storage Tank SEWRP Analytical Report Sample: 284143 - Lead Sample Small Laboratory: Lubbock Analysis: Pb, Total Analytical Method: S 6010C Prep Method: S 3050B QC Batch: 87125 Date Analyzed: 2011-12-13 Analyzed By: RR Prep Batch: 73973 Sample Preparation: 2011-12-13 Prepared By: KV RL Parameter Flag Cert Result Units Dilution RL Total Lead 1 48.8 mg/Kg 1 1.00 Sample: 284144 - Lead Sample Large Laboratory: Lubbock Analysis: Pb, Total Analytical Method: S 6010C Prep Method: S 3050B QC Batch: 87125 Date Analyzed: 2011-12-13 Analyzed By: RR Prep Batch: 73973 Sample Preparation: 2011-12-13 Prepared By: KV RL Parameter Flag Cert Result Units Dilution RL Total Lead 1 22.6 mg/Kg 1 1.00 Report Date: December 14, 2011 SEWRP Method Blanks Method Blank (1) QC Batch: 87125 Prep Batch: 73973 QC Batch: 87125 Work Order: 11121208 Canyon Lake Ground Storage Tank Date Analyzed: 2011-12-13 QC Preparation: 2011-12-13 Page Number: 5 of 8 SEWRP Analyzed By: RR Prepared By: KV MDL Parameter Flag Cert Result Units RL Total Lead L <0.196 mg/Kg 1 Report Date: December 14, 2011 Work Order: 11121208 SEWR.P Canyon Lake Ground Storage Tank Laboratory Control Spikes Laboratory Control Spike (LCS-1) QC Batch: 87125 Prep Batch: 73973 Date Analyzed: 2011-12-13 QC Preparation: 2011-12-13 Page Number: 6 of 8 SEWRP Analyzed By: RR Prepared By: KV LCS Spike Matrix Rec. Param F C Result Units Dil. Amount Result Rec. Limit Total Lead 1 53.2 mg/Kg 1 50.0 <0.196 106 85 - 115 Percent recovery is based on the spike result. RPD is based on the spike and spike duplicate result. LCSD Spike Matrix Rec. RPD Param F C Result Units Dil. Amount Result Rec. Limit RPD Limit Total Lead 1 53.6 mg/Kg 1 50.0 <0.196 107 85 - 115 1 20 Percent recovery is based on the spike result. RPD is based on the spike and spike duplicate result. Matrix Spike (MS-1) Spiked Sample: 284018 QC Batch: 87125 Prep Batch: 73973 Date Analyzed: 2011-12-13 QC Preparation: 2011-12-13 Analyzed By: RR Prepared By: KV MS Spike Matrix Rec. Param F C Result Units Dil. Amount Result Rec. Limit Total Lead 1 55.9 mg/Kg 1 50.0 14.2 83 75 - 125 Percent recovery is based on the spike result. RPD is based on the spike and spike duplicate result. MSD Spike Matrix Rec. RPD Param F C Result Units Dil. Amount Result Rec. Limit RPD Limit Total Lead 1 53.5 mg/Kg 1 50.0 14.2 79 75 - 125 4 20 Percent recovery is based on the spike result. RPD is based on the spike and spike duplicate result. Report Date: December 14, 2011 Work Order: 11121208 Page Number: 7 of 8 SEWRP Canyon Lake Ground Storage Tank SEWRP Calibration Standards 1 Standard (ICV-1) QC Batch: 87125 Date Analyzed: 2011-12-13 Analyzed By: RR ICVs ICVs ICVs Percent True Found Percent Recovery Date Param Flag Cert Units Conc. Conc. Recovery Limits Analyzed Total Lead 1 mg/Kg 1.00 0.977 98 90 - 110 2011-12-13 Standard (CCV-1) QC Batch: 87125 Date Analyzed: 2011-12-13 Analyzed By: RR CCVs CCVs CCVs Percent Mme Found Percent Recovery Date Param Flag Cert Units Conc. Conc. Recovery Limits Analyzed Total Lead I mg/Kg 1.00 0.996 100 90 - 110 2011-12-13 L: Report Date: December 14, 2011 SEWRP Appendix Report Definitions Name Definition MDL Method Detection Limit MQL Minimum Quantitation Limit SDL Sample Detection Limit Laboratory Certifications Work Order: 11121208 Page Number: 8 of 8 Canyon Lake Ground Storage Tank SEWRP Certifying Certification Laboratory C Authority Number Location - NCTRCA WFWB384444Y0909 TraceAnalysis - DBE VN 20657 TraceAnalysis - HUB 1752439743100-86536 TraceAnalysis - WBE 237019 TraceAnalysis 1 NELAP T104704219-11-5 Lubbock Standard Flags F Description B Analyte detected in the corresponding method blank above the method detection limit H Analyzed out of hold time J Estimated concentration Jb The analyte is positively identified and the value is approximated between the SDL and MQL. Sample contains less then ten times the concentration found in the method blank. The result should be considered non -detect to the SDL. Je Estimated concentration exceeding calibration range. Qc Calibration check outside of laboratory limits. Qr RPD outside of laboratory limits Qs Spike recovery outside of laboratory limits. Qsr Surrogate recovery outside of laboratory limits. U The analyte is not detected above the SDL Attachments The scanned attachments will follow this page. Please note, each attachment may consist of more than one page. LAB Order ID # r Page of TraceAnalysis Inc.6701 Aberdeen Avenue, Suite 9 5002 Basin Street, Suite Al 200 East Sunset Rd., Suite E BioAquatic Testing Lubbock, Texas 79424 Midland, Texas 79703 El Paso, Texas 79922 2501 Mayes Rd.. Ste 100 1 Tel (806) 794-1296 Tel (432) 689-6301 Tel (915) 585-3443 CarroiRon, Texas 75006 Fax (806) 794-1298 Fax (432) 689.6313 Fax (915) 585-4944 Tel (972) 242-7750 email: tab@traceanalysis.com 1 (800) 378-1296 1 (888) 588-3443 Company Name: Phone #: ANALYSIS REQUEST - 3 v� (Si (Circle or Specify Method No.) eeeet, City, Zip) Fax #.- Address. W-106 tfi" ti-. L Zx, 714D l - ?`1'S- 3 Z' E v Contact Person: - Ogr`t�Vv iG. U N C. 0 2 a_ R m v, Invoice to: (if different from above) Co C-4 N v Lo U rn � o7 a U a O Q Project M Project Name: C urt LrQILG E ?14sV1�- - o `O N U o o Z N U m Project Location (including state): Sa ler Si n ture: iGW o N o 4� o +- U m m N Q m m v, 5� Co o o o °D z� Z p ~ � E v� c RIX PRESERVATIVE SAMPLING lY 3 METHOD t0 X O \ N `° Q Q N O N� t�0 Co .E co Y ZE Q N .- a r Q �, y y U `,9 .m H N CO o N ao Q. U) U z L LAB # FIELD CODE m Coo °,-° o o N 2 >° rn a N >� om O o (LA�USE o v E w -� U p o'= m Z F w mXvaoao�0. F a a U U U U �� HL U U U =�U O o LL o t ONLY; o¢ > o U3¢ U3 x= z x z_ v O z Q c r �Co l-a Q o l-l- l-wt.9t.9o.am U m Uz a x /n� /J !iLO Relinquished by: Company: Date: Time: Rece ve by: Compan : Date: Time, INST oss a L.AB USE R MARKS: -61 COW yh In a Relinquished by: Co ny: Dat : T) Received y. Company: DoteDoteV Time: INST OC COk---2r Heaiis►ke" Dry Weight Basis Required Relinquished by: Corn Date: Time: Receiv Company: Date: Time: INST t'. H : TRRP Report Required OBS�C ° to0 in-eW t . ry? goxi Q Check If Special Reporting CoR Limits Are Needed Submi samples constitutes agreement to Terms and Conditions listed on reverse side of C. O. C. �. Carrier # C..zua d 01r%WAI %^nW � c�,Ysrs 6701 Aberdeen Avenue, Suite 9 LUbbixk, Texas 7N24 800.378v 1296 200 East Sunset Road, Suite E El Paso- Texn7W22 68B•568.3443 5002 Basin Street, Suite Al Midland,Texas 75703 6015 Barris Parkway, Suite 110 Ft. Wordhi Texas A132 E-Mait: labOtraceanalysisxom 806.794.1256 rAX=806.7$4.1298 915+5a5.3443 FAX W-58514944 432■689.6301 FAX 432-589.6313 817*201.5260 Certifications WBE HUB NCTRCA DBE NELAP DoD LELAP Kansas Oklahoma ISO17025 Analytical and Quality Control Report Josh Kristinek Report Date: December 14, 2011 City of Lubbock - Water Engineering 1625 13th Street Work Order: 11121208 Lubbock, TX, 79401 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111 Project .Location: SEWRP Project Name: Canyon Lake Ground Storage Tank Project Number: SEWRP Enclosed are the Analytical Report and Quality Control Report for the following sample(s) submitted to 'lkaceAnalysis, Inc. Date Time Date Sample Description Matrix Taken Taken Received 284143 Lead Sample Small paint chips 2011-12-09 00:00 2011-12-09 284144 Lead Sample Large paint chips 2011-12-09 00:00 2011-12-09 These results represent only the samples received in the laboratory. The Quality Control Report is generated on a batch basis. All information contained in this report is for the analytical batch(es) in which your sample(s) were analyzed. This report consists of a total of 8 pages and shall not be reproduced except in its entirety, without written approval of TraceAnalysis, Inc. /#494JJ?1�4/ Dr. Blair Leftwich, Director Dr. Michael Abel, Project Manager H L Report Contents Case Narrative 3 Analytical Report 4 Sample 284143 (Lead Sample Small) ................ .......................... . . 4 Sample 284144 (Lead Sample Large) ............................................ 4 Method Blanks 5 QC Batch 87125 - Method Blank (1) ................ .............. .............. 5 Laboratory Control Spikes 6 QC Batch 87125 - LCS (1) .. ... ........................ I ................... 6 QC Batch 87125 - MS (1) ................ I ................................. 6 Calibration Standards 7 QC Batch 87125 - ICV (1) ....................................... I .......... 7 QC Batch 87125 - CCV (1) .. ............................................. .. 7 Appendix 8 Report Definitions . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . .. . . . . . .. .. . . . 8 Laboratory Certifications . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 8 Standard Flags ...................................... ................ .. 8 Attachments......................................................... 8 Page 2 of 8 Case Narrative �J Samples for project Canyon Lake Ground Storage Tank were received by TraceAnalysis, Inc. on 2011-12-09 and assigned to work order 11121208. Samples for work order 11121208 were received intact at a temperature of 22.3 C. Samples were analyzed for the following tests using their respective methods. Prep Prep QC Analysis Test Method Batch Date Batch Date Pb, Total S 6010C 73973 2011-12-13 at 10:03 87125 2011-12-13 at 15:37 Results for these samples are reported on a wet weight basis unless data package indicates otherwise. A matrix spike (MS) and matrix spike duplicate (MSD) sample is chosen at random from each preparation batch. The MS and MSD will indicate if a site specific matrix problem is occurring, however, it may not pertain to the samples for work order 11121208 since the sample was chosen at random. Therefore, the validity of the analytical data reported has been determined by the laboratory control sample (LCS) and the method blank (MB). These quality control measures are performed with each preparation batch to ensure data integrity. All other exceptions associated with this report have been footnoted on the appropriate analytical page to assist in general data comprehension. Please contact the laboratory directly if there are any questions regarding this project. Page 3 of 8 Report Date: December 14, 2011 SEWRP Analytical Report Work Order: 11121208 Page Number: 4 of 8 Canyon Lake Ground Storage Tank SEWRP Sample: 284143 - Lead Sample Small Laboratory: Lubbock Analysis: Pb, Total Analytical Method: S 6010C Prep Method: S 3050B QC Batch: 87125 Date Analyzed: 2011-12-13 Analyzed By: RR Prep Batch: 73973 Sample Preparation: 2011-12-13 Prepared By: KV RL Parameter Flag Cert Result Units Dilution RL y Total Lead 1 48.8 mg/Kg 1 1.00 Sample: 284144 - Lead Sample Large Laboratory: Lubbock Analysis: Pb, Total Analytical Method: S 6010C Prep Method: S 3050B QC Batch: 87125 Date Analyzed: 2011-12-13 Analyzed By: RR Prep Batch: 73973 Sample Preparation: 2011-12-13 Prepared By: KV RL Parameter Flag Cert Result Units Dilution RL Total Lead 1 22.6 mg/Kg 1 1.00 Report Date: December 14, 2011 SEWRP Method Blanks Method Blank (1) QC Batch: 87125 Prep Batch: 73973 QC Batch: 87125 Work Order: 11121208 Page Number: 5 of 8 Canyon Lake Ground Storage Tank SEWRP Date Analyzed: 2011-12-13 Analyzed By: RR QC Preparation: 2011-12-13 Prepared By: KV MDL Parameter Flag Cert Result Units RL Total Lead 1 <0.196 mg/Kg 1 Report Date: December 14, 2011 Work Order: 11121208 SEWRP Canyon Lake Ground Storage Tank Laboratory Control Spikes Laboratory Control Spike (LCS-1) QC Batch: 87125 Prep Batch: 73973 Date Analyzed: 2011-12-13 QC Preparation: 2011-12-13 Page Number: 6 of 8 SEWRP Analyzed By: RR Prepared By: KV LCS Spike Matrix Rec. Param F C Result Units Dil. Amount Result Rec. Limit Total Lead 1 53.2 mg/Kg 1 50.0 G0.196 106 85 - 115 Percent recovery is based on the spike result. RPD is based on the spike and spike duplicate result. LCSD Spike Matrix Rec. RPD Param F C Result Units Dil. Amount Result Rec. Limit RPD Limit Total Lead 1 53.6 mg/Kg 1 50.0 G0.196 107 85 - 115 1 20 Percent recovery is based on the spike result. RPD is based on the spike and spike duplicate result. Matrix Spike (MS-1) Spiked Sample: 284018 QC Batch: 87125 Prep Batch: 73973 Date Analyzed: 2011-12-13 QC Preparation: 2011-12-13 Analyzed By: RR Prepared By: KV - MS Spike Matrix Param F C Result Units Dil. Amount Result Rec. Rec. Limit Total Lead 1 55.9 mg/Kg 1 50.0 14.2 83 75 - 125 Percent recovery is based on the spike result. RPD is based on the spike and spike duplicate result. MSD Spike Matrix Rec. Param F C Result Units Dil. Amount Result Rec. Limit RPD RPD Limit Total Lead 1 53.5 mg/Kg 1 50.0 14.2 79 75 - 125 4 20 Percent recovery is based on the spike result. RPD is based on the spike and spike duplicate result. Report Date: December 14, 2011 Work Order: 11121208 Page Number: 7 of 8 SEWRP Canyon Lake Ground Storage Tank SEWRP Calibration Standards Standard (ICV-1) QC Batch: 87125 Date Analyzed: 2011-12-13 Analyzed By: RR ICVs ICVs ICVs Percent True Found Percent Recovery Date Param Flag Cert Units Cone. Conc. Recovery Limits Analyzed Total Lead I mg/Kg 1.00 0.977 98 90 - 110 2011-12-13 Standard (CCV-1) QC Batch: 87125 Date Analyzed: 2011-12-13 Analyzed By: RR CCVs CCVs CCVs Percent True Found Percent Recovery Date Param Flag Cert Units Conc. Conc. Recovery Limits Analyzed Total Lead , mg/Kg 1.00 0.996 100 90 - 110 2011-12-13 Report Date: December 14, 2011 Work Order: 11121208 Page Number: 8 of 8 SEWRP Canyon Lake Ground Storage Tank SEWRP Appendix Report Definitions Name Definition MDL Method Detection Limit MQL Minimum Quantitation Limit SDL Sample Detection Limit Laboratory Certifications Certifying Certification Laboratory C Authority Number Location - NCTRCA WFWB384444Y0909 TraceAnalysis - DBE VN 20657 TraceAnalysis - HUB 1752439743100-86536 TraceAnalysis - WBE 237019 TraceAnalysis 1 NELAP T104704219-11-5 Lubbock Standard Flags F Description B Analyte detected in the corresponding method blank above the method detection limit H Analyzed out of hold time J Estimated concentration Jb The analyte is positively identified and the value is approximated between the SDL and MQL. Sample contains less then ten times the concentration found in the method blank. The result should be considered non -detect to the SDL. Je Estimated concentration exceeding calibration range. Qc Calibration check outside of laboratory limits. Qr RPD outside of laboratory limits Qs Spike recovery outside of laboratory limits. Qsr Surrogate recovery outside of laboratory limits. U The analyte is not detected above the SDL Attachments The scanned attachments will follow this page. Please note, each attachment may consist of more than one page. LAB Order ID #—Ais o 9 o- _C Ti aCeAnaly►7i►7 Inc. 6701 Aberdeen Avenue, Suite 9 5002 Basin Street, Suite Al 200 East Sunset Rd., Suite E BioAquatic Testing Lubbock, Texas 79424 Tel (806) 794-1296 Midland, Texas 79703 El Paso, Texas 79922 2501 Mayes Rd., Ste 100 Tel (432) 689-6301 Tel (915) 585-3443 Carrollton, Texas 75006 email: lab@traceanalysis.com V y F1x8� 3794-1298 ( ) Fax (432) 689-6313 Fax (915) 585-4944 Tel (972) 242-7750 1 (888) 588-3443 Company Name: Phone #: Of L;IWCY - 33q7 ANALYSIS REQUEST Addre (street, city, zip) Fax (Circle or Specify Method No.) 62r 1,44"' t : 1. 1x ?k40 l - ?T5- -33A'i'l Contact Person: E-mail: '� �, 00 ✓' kLV M Invoice to:ZZc (If different from above) X Project #: Project Name: N 'r w v o E !A� 44i4r-- v, a TtAmr-.r o �° o f a V Z c Project Location (including state): 5EW.. Sa ler Si n ture: F — o N U N,o �U N� ZW `� m m is N c RIX 'o PRESERVATIVE METHOD SAMPLING o 0 0 to ui co 0 o Co¢ - o o co ? 0 y W oFx-0c`oi¢4 N o� N�coo Co= �ah CL E LAB# FIELD CODE N W aoo o cn o `� is E v, o m ao w uj U °1 °' 2 (LAB U.SE a) o_ z E W o p" = W W o ao r- 3 o m > rn oo m cq O w v co &I > rn o- cn co o 2 F- 2 � ci o l ONLY, O Q O J _ U Z uN m W Q Q f u� S S S J J J J m N O N LL U E �k > u) Q u) 2 2 2 z U z C u, m d oa. N a m F= CU7 a. U z t'- 2 nn /l %/ Relinquished by: Company: Date: Time: Rece v by: Company Date. Time: INST `USEt'- R MARKS: Tar cos ° [:Y }n a c- Relinquished by: Co ny: Dat : Ti ReceivedAfyx Company: Dltezt Time: INST oC COR ° C Seadspace Dry weight Basis Required Relinquished by: Compa Date: Time: Receiv Company: Date: Time: INST OBS ° c - :: �± TRRP Report Required ❑ Check If Special Reporting COR o .1:ogG4-ReM.W • Limits Are Needed SubmilaKrSamples constitutes agreement to Terms and Conditions listed on reverse sidp of C 0 C ivamer a %,,e a x I nn rr. �u • � r►r.ov —t'--' City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 14-11629-MA Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken." Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. V/ Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. __Z Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. �� Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITYnumber. 8. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. _ Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. /V (Type or Print Company N e) z Page Intentionally Left Blank INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS GOVERNMENT CODE § 2267 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS 5. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS 6. PAYMENT BOND 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. DAVIS-BACON WAGE DETERMINATIONS 12. SPECIAL CONDITIONS (IF APPLICABLE) 13. SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Page Intentionally Left Blank NOTICE TO OFFERORS RFP 14-11629-MA Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 PM. on December 3, 2013 or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "Two Tank Coating Project" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 3:00 PM on December 3 2013and the City of Lubbock City Council will consider the proposals on January 8t , 2014 at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer 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 proposer 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 $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. Offerors 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 proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror 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 proposal submitted. A site visit will following. i Attention of each proposer 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 and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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 offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, .Marta ACvarez Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO OFFERORS Paize Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY, TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Two Tank Coating Project per the attached specifications and contract documents. Sealed proposals will be received no later than 3:00 PM, December 3, 2013 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand comer: "RFP 14-11629-MA, Two Tank Coating Project" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory pre -proposal A site visit will follow. 2.1 All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. 1 At the request of the proposer, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at http://www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than seven (7) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and �m has provided sufficient sums in its proposal to complete the work in accordance with these 1 plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management before offering 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 seven (7) calendar days prior to the opening of proposals. 3 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 2 1. f_. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider an portion of ourproposal to be privileged or confidential b statute or judicial Y any Y p� g Y decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of -- local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract 1 ; documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents t and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and Contract Management if anti language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER=,. SHALL- REQUEST ANY INFORMATION VERBALLY. AL -FOR: ORREQUESTS CLARIFICATIO". "'CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED- I WRITING ;NO LATER THAN,-— EVEN" (7) ,CALENDAR ;DAYS PRIOR':TO TH PROPOSAL CLOSING DATE;AND ADDRESSED'TO : >> Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock Purchasing and Contract Management Office 1625 1P Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: malvarez@mylubbock.us Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within One Hundred and Eighty Calendar Days (180) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID 40 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. 4 16 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. 17 GUARANTEES 17.1 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 fiunish 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 TWO years 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). 17.2 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 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. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third parry 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. 17.4 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 Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of three sets of plans and specifications and related contract documents for 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. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all s 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 Ilk reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered -l;y the intended contract and all work in progress with bond amounts and percentage completed. r9 (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 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. 20.2 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. 21 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 the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, 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, and/or the owning utility at the Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS 1 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 shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and { agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included _ in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be. bidder shall submit his bid on forms furnished by the City, and all blank spaces in the changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the uw proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name NG Painting L.P. 29.3.2 Proposal RFP 14-11629-MA, Two Tank Coating Project Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 31 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. 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. QUALIFICATIONS OF OFFERORS The proposer 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 proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2276. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 20% for Contractor Qualifications, 10% for Safety Record, and 10% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 20% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 10% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 may be assessed zero pouts for etlus cntenon subject to review o£ safety records The City may consider any incidence involving worker safety or safety µof Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio. 10 i �C 32.4 10% CONSTRUCTION TIlVIE (FORFIVIOSTCRITICAL''IANI },-This criterion is, as with price, objective and evaluators use the following formula when determmnmg construction time as a factor for construction contract Dronosals. The coiisixictionhme.for thiscnterion shall ea 'eclamat�onPla_nt (EWR) Gxound Storage= Tanker; (ST) The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. The estimated budget for the construction phase of this project is 400 000. Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows (( omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below ( reasonably expected values), or irregularities of any kind " L 11 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. W 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: h!!p://'w%"v.wdol.gov/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 12 TEXAS GOVERNMENT CODE 4 2267 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank i' PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank REVISED PROPOSAL SUBMITTAL FORM LUMP SUM PRICE PROPOSAL CONTRACT DATE: 12-2-13 RFP: 14-11629-MA — Two Tank Coating Project Proposal of N.G. Painting, L.P. (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a Two Tank Coating Project having carefully examined the plans, specifications, instructions to offerors, notice to offerors 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 nricn to cover all exnences incurred in nerforminu the work remiired ender the cnntract rinciiments Two Tank Rehabilitation Project BID ITEM DESCRIPTION QTY (+/- U/M ) UNIT PRICE TOTAL COST South East-Water.Reclaniation -Plant Ground Storage Tank Mobilization - Including Contractor 1 mobilization, site containment BMPs, signage, 1 LS 1 0, 0 0 0.0 0 1 0, 0 0 0. 0 0 preparation, insurance, payment bond, performance bond and demobilization. Blasting Exterior- Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must 2 conform the technical specifications specified 1 LS 70,000.00 70,000.00 herein. All removal, disposal, required submittals, and protection systems for the removal of the lead containing coating system is subsidiary to this bid item. Blasting Interior - Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must 3 conform the technical specifications specified 1 LS 70,000.00 70,000.00 herein. All removal, disposal, required submittals, and protection systems for the removal of the lead containing coating system is subsidiary to this bid item. Exterior Coating System - Includes all 4 materials, labor and equipment needed for the 1 LS 20,000.00 20,000.00 proper application of the coating system specified herein. Interior Coating System - Includes all 5 materials, labor and equipment needed for the 1 LS 10,000.00 10,000.00 proper application of the coating system specified herein. North Water: Treatment Pliht'Backwash Tanik Mobilization - Including Contractor 6 mobilization, site containment BMPs, signage, I LS 3,000.00 3, 0 0 0.0 0 preparation, insurance, payment bond, performance bond and demobilization. Blasting Exterior- Including the removal of the existing coating system while conforming to all local, state, federal regulations, and must 7 conform the technical specifications specified 1 LS 120,000.0 1 2 0, 0 0 0 .0 0 herein. All removal, disposal, required submittals, and protection systems for the removal coating system is subsidiary to this bid Exterior Coating System - Includes all 8 materials, labor and equipment needed for the 1 LS 2 0, 0 0 0. 0 0 2 0, 0 0 0.0 0 proper application of the coating system specified herein. TOTAL ]PROJECT AMOUNT 3 2 3, 0 0 0.0 0 Offeror's Initials Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ( 180 ) Consecutive Calendar Days Completed by Contractor (180) Written Days Completed by Contractor CONSECUTWE CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $300 ,Per day for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Additionally, specifically related to the removal and application of coatings inside of the Effluent Application Tank, Offeror hereby agrees to pay the Owner the sum of $1,000 per day for each consecutive calendar day in excess of 45. days for operational shutdown of Effluent Application Tank. Calculation of totals days shall begin on the date accepted by South East Water Reclamation Plant (SEWRP) operations staff upon written request by the Offeror. ( 2 0 )number -of proposed operational shutdown days proposed for the South East Water Reclamation Plant (SEVW).Ground. Storagp. Tank (GST). Not to exceed 60 days. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror 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 proposal, and he t further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors 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 proposal bond from a reliable surety company, payable without recourse to the order " *he City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror 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. Initials Offeror's f' Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a ' Cashier's Check or Certified Check for hated=-ed A or a Proposal Bond in the sum of sixteen thousand one Dollars ($_1 6 ,1 50. 04 which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal 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) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE (Seal if Offeror is a Corporation) � ATTEST: � Secretary Offeror acknowledges receipt of the following addenda: Addenda No. 1 Date l- as Addenda No. �_ Date Addenda No. Date` Addenda No. Date Date: 12-2-13 Autl ' ed Signatur Nick Gramat' kis (Printed or Typed Name) N.G. Painting, L.P. Company 1225 Bandera Hwy, Ste. A2 Address Kerrville Kerr City, Texas State Telephone: 8 3 0 Fax: 8 3 0 - County 78028 Zip Code 257-5940 92-4968 Email:nncrn-n i ni- i nrr h-ctc . net FEDERAL TAX ID or SOCIAL SECURITY No. 74-2539112 M VVBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) w SureTec r KNOW ALL MEN BY THESE PRESENTS, that we NG Painting, LP as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 1330 Post Oak Boulevard, Suite 1100, Houston, Tx 77056, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Lubbock as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the payment of which sum well and 1 truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Two Tank Coating Project. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 26th day of November, 2013. NG Painting, LP (Principal) TITLE: SureTec Insurance Company (Aw a" BY: Tnifer Smi , Attorney -in -Fact I Suretec Bid Bond Form Rev 1.1.06 POA #: 4221008 SureTec Insurance Company LL IITED POWER OF ATTORNEY Know All Alen by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Michael T. Siegeler, Teresa S. Muniz, Jennifer Smith its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and,duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 1213112015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of March, A.D. 2013. 5\jRA �� SURETEC INSURANCE COMPANY \� ............. O rn ! X I \%0 By: w 5 � z John 14nox Jr: resident State of Texas ss: t, 1 County of Harris • .. . / bP1Yl� On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONA00 Notary Public State of Texas 'gym• � My Comm. Exp.5118/2017 Jacq elyu Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 4�day ofu . ,, A.D. na t . Bre t Beaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Contractor's General Information Business As Business Address of Principle Office N.G. Painting, L.P. 1225 Bandera Hwy, Ste. A2 Kerrville. TX 78028 Telephone Numbers 8 3 0— 2 5 7— 5 9 4 0 Main Number Fax Number 830-792-4968 Web Site Address Form of Business (Check One) A Corporation I x1 A Partnership An Individual Date of Incorporation State of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Business Address Average Number of Current Full Time I 20 I Average Estimate of Revenue for 15,000,000 Employees the Current Year T Contractor's Organizational Experience Organization Doing Business As N.G. Painting, L.P. Business Address of Regional Office 1225 Bandera Hwy, Ste. A2 Kerrville, TX 78028 Name of Regional Office Manager Dawn Pults Telephone Numbers 8 3 0— 2 5 7— 5 9 4 0 Main Number Fax Number 830-792-4968 Web Site Address o List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date N.G. Painting,L.. 1987 current List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership n/a Years experience in projects similar to the proposed project: 26 As a General Contractor 26 As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state or federal agency within the last five ears? No If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No If yes provide full details in a separate attachment. See attachment No. i Contractor's Proposed Key Personnel Organization Doing Business As a•• • • A • Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. See Attached Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager k r m tik tkis Project Superintendent Pete Georgant nis Project Safety Officer George Gramat kaki s Quality Control Manager JGeorge Gramat kakis If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. Proposed Project Managers Organization Doing Business As Name of Individual N.G. Paintin L.P. Nick Gramatikakis Years of Experience as Project Manager 26 Years of Experience with this organization 26 Number of similar projects as Project Manager JA11 Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Harris Co MUD 84 50% 12-10-13 SS WSC 50% 12-20-13 Reference Contact Information(listing names indicates a roval to contacting the names individuals as a reference Name Nick Gramatikakis Name Title/Position President Title/Position Organization Or anization Telephone 830-257-5 40 Telephone E-mail n ' ckA ncrl2a int ing net E-mail Project I Project Candidate role on Project Name of Individual project Manager Candidates role on Project Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Proposed Project Superintendent Organization Doing Business As Name of Individual N.G. Paintin L.P. Pete Geor antonis Years of Experience as Project Superintendent 13 Years of Experience with this organization 13 Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date S S WSC 100% 12-20-13 Reference Contact Information(listing names indicates ap val to contactingthe names individuals as a reference Name Pete Georgantonis Name Title/Position Su erintendent Title/Position Organization N.G. PaintingOrganization Telephone 830-377-2218 Telephone E-mail E-mail Project Project Candidate role on Project Name of Individual Superintendent Candidate role on Project George Georgantonis Years of Experience as Project Superintendent 16 Years of Experience with this organization 16 Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Harris County MUD 84 100$ 12-10-13 Name George GeorgantonisName Title/Position Superintendent Title/Position Organization N.G. Painting Organization Telephone 21 0 — 317 — 2 818 Telephone E-mail E-mail Project Project Candidate role on Project Superintendent Candidate role on Project 10 1 [ ' Proposed Project Safety Officer Organization Doing Business As N.G. Painting, L.P. Name of Individual Geor e Gramatikakis Years of Experience as Project Safety Officer 6 Years of Experience with this organization 6 Number of similar projects as Safety Officer 30 Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date SS WSC 50% 12-20-13 Harris Co MUD 50% 12-10-13 Reference Contact Information(listing names indicates a royal to contacting the names individuals as a reference Name George Gramatikakis Name Title/ Position Safety Manager Title/ Position Organization N.G. Painting, L.P. Organization Telephone 8 3 0- 2 5 7— 5 9 4 0 Telephone E-mail georqe@nqpainting.net E-mail Project I Project Candidate role on Project Safety Manager Candidate role on Project Name of Individual Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name 7Name Title/ Position Or anization Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 11 1 Proposed Project Quality Control Manager Organization Doing Business As Name of Individual N.G. Paintin L.P. Geor �eG amatikakis Years of Experience as Quality Control Manager 6 Years of Experience with this organization 6 Number of similar projects as Quality Manager 30 Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date SS WSC 50% 12-20-13 Harris Co MUD 84 50% 12-10-13 Reference Contact Information(listing names indicates ap al to contacting the names individuals as a reference Name Geor e Gramatikakis Name Title/ Position OC Manager Title/ Position Organization N.G. Painting Organization Telephone 8 3 0— 2 5 7— 5 9 4 0 Telephone E-mail eor a@n aintin . ne E-mail Project Project Candidate role on Project Name of Individual QC Manager Candidate role on Project Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date 11=03111• • R-1111MINNIM11101111 Name WIN • • Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 12 Contractor's Project Experience and Resources Organization Doing Business As ' e0 1 W1 Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide best value to the Owner for this prQiect. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment Provide a list of major equipment ro osed for use on this ro'ect. Attach Additional Information if necessa Equipment Item Primary Use on Project Own BWiill Lease See Attached List IMIMIR. HR. M. 19111MI e Iffillmll emir .. What work will the organization complete using its own resources? A11 proposed work What work does the organization propose to subcontract on thisproject? None 13 Contractor's Subcontractors and Vendors Organization Doing Business As N.G. Painting, L.P. •• Provide a list of subcontractors that will provide more than 10 percent of the work based on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm No subcontractors Provide information on the proposed key personnel, project experience and a description of past relationship and work ex erience for each subcontractor listed above using the Project Information Forms. Provide a list of major equipment ro osed for use on this project. Attach Additional Information if ary Vendor Name Equipment / Material Provided Furnish Only Furnish and Install HUB/M WBE Firm 14 r r , Attachment A Current Projects and Project Completed within the last 10 Years Project Owner I See Attached Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner I I Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner I I Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager 15 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business 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 proposal. r Contr t ( Original ignat e) Nick Gramatikakis Contractor (Print) CONTRACTOR'S BUSINESS NAME: N.G. Painting, L.P. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 1 225 Bandera Hwy, Ste. A2 Kerrville, TX 78028 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. PROPOSAL 14-11629-MA — Two Tank Coating Project SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO— \Z_ If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Offeror's Initials i QUESTION TWO 1Y Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or ' regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO V If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? / YES NO If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: la-&6tGh roU ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Signa President Title SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANYNAME: N.G. Painting, L.P. FEDERAL TAX ID or SOCIAL SECURITY No. 7 4— 2 5 3 91 1 2 Signature of Company Official: Printed name of company official signing above: (Ni_CX1/1Gramatikakis Date Signed: 1 2-2-1 3 Pa2e Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. LIST OF SUB -CONTRACTORS Company Name Location Services Provided No subcontractors drill be used Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: N.G. Painting, L.P. (PRINT NAME OF COMPANY) PROPOSAL 14-11629-MA — Two Tank Coating Project V, Page Intentionally Left Blank a-1Aa4 Cn77 -&1) t _ N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE p s CONTACT & PHONE # START/END DATES & SHROUD/LEAD City of Wharton 10-01-02 to 01-31-03 Hwy. 59 & Wayside 500,000 GL Jimmy Dunham, P.E. Elevated Tanks & One Ground 979-690-6555 Storage Tank No Shroud/ No Lead f SAWS 10-02-02 to 03-30-03 0.8 MG Ground Water Storage Pate Engineers, Inc. Tank at the Market Station 713462-3178 Yes Shroud/ No Lead City of Duncanville 11-06-02 to 11-19-02 River Oaks 1.0 MG Elevated t . ; Bahram Niknam, P.E. Storage Tank 469-374-9800 No Shroud/ No Lead Epcon, Inc. 11-18-02 to 12-13-02 SUB -CONTRACTOR Edward Flores Lake Meredith 915-562-4159 No Shroud/ No Lead City of Boyd 12-09-02 to 02-25-03 30,000 and 200,000 Gallon Wasteline Engineering Elevated Storage Tanks Rehab. 817-441-1300 No Shroud/No Lead City of Seagraves 01-03-03 to 01-15-03 150,000 Gallon Elevated Parkhill, Smith & Cooper, Inc. Eagle Tower 806-473-2200 No Shroud/ No Lead TXDOT- Nueces County 01-17-03 to 03-07-03 Cleaning & Painting Existing Martin Horst Structures, Hwy. SH0286 361-808-2261 City of Georgetown 01-21-03 to 5-30-03 2 MG Sequoia Spur Ground Jimmy Dunham, P.E. Storage Tank Rehabilitation 979-690-6555 No Shroud/ No Lead City of Saginaw 01-27-03 to 05-06-03 750,000 Gallon Elevated Storage Kimley, Horn & Assoc. Tank Rehabilitation 817-335-6511 Yes Shroud/ Yes Lead Benbrook Water & Sewer Auth. 02-04-03 to 02-28-03 Hilltop Heights 1.5 MG i Carter & Burgess, Inc. Ground Storage Tank 817-735-6000 Yes Shroud/ Yes Lead City of Cedar Park 03-03-02 to 04-15-03 100,000 Gallon ' Davis Engineering, Inc. Standpipe Rehabilitation 512-257-0888 Yes Shroud/ Yes Lead Travis County MUD 03-10-03 to 04-25-03 Painting 500,000 Gallon Murfee Engineering Elevated Storage Tank 512-327-9204 No Shroud/ No Lead City of Highland Village 04-08-03 to 05-07-03 Idlewild Court Elevated BW2 Engineers Storage Tank 972-864-8200 Yes Shroud/ Yes Lead N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD City of Spearman 04-28-03 to 05-12-03 Avenue D & 7th Street 500,000 Brandt Engineers Gallon Ground Storage Tanks 806-353-7233 No Shroud/ No Lead City of Arlington 05-12-03 to 07-11-03 Golden West 2.5 MG Elevated Bahram Niknam, P.E. Storage Tank 469-374-9800 Yes Shroud/ Yes Lead City of Grand Prarie 05-05-03 to 05-09-03 Repainting of NW 13th Street Bahram Niknam, P.E. 100,000 Gallon Ground Tank 469-374-9800 No Shroud/ No Lead City of Tomball 05-19-03 to 06-16-03 Pine Street Water Plant Jimmy Dunham, P.E. Ground Storage Tank Rehab. 979-690-6555 No Shroud/ No Lead City of Vernon 05-15-03 to 10-10-03 Repainting & Renovation South Brandt Engineers Elevated Tank & West Elevated 806-353-7233 Tanks, Yes Shroud/ Yes Lead City of Longview 09-15-03 to 10-03-03 Spring Hill 250,000 Gallon NRS Consulting Engineers Elevated Tank Improvements 903-758-2010 No Shroud/ No Lead Tank Builders, Inc. 11-06-03 to 01-23-04 SUB -CONTRACTOR Bruce Kromer 1.0 MG Ground Tank, City of 817-510-0160 Irving. Yes Shroud/ No Lead City of Grapevine 10-15-03 to 01-03-04 Mustang 1.0 MG and Barton Bahram Niknam, P.E. 0.250 MG Elevated Tanks 469-371-9800 No Shroud/ No Lead Tank Builders, Inc. 11-04-03 to 12-18-03 SUB -CONTRACTOR Bruce Kromer City of Boerne 817-510-0160 Yes Shroud/ Yes Lead City of Keller 12-02-03 to 03-19-04 Whitley 1.5 MG Elevated & Bahram Niknam, P.E. 3.0 MG Ground Storage Tanks 469-374-9800 No Shroud/ No Lead City of Irving 01-12-04 to 03-23-04 Renovation of Perry 2.5 MG Todd Reck, P.E. Elevated Water Storage Tank 972-721-2281 No Shroud/ No Lead City of McKinney 03-05-04 to 04-02-04 Virginia Parkway 1.5 MG Single Bahram Niknam, P.E. Pedestal Elevated Tank 469-374-9800 No Shroud/ No Lead Harris County W.C&I.D. #21 04-21-04 to 05-15-04 Cedar Lane Water Storage Tank Dunham Engineering Rehabilitation 979-690-6555 No Shroud/ No Lead N.G. PAINTING, L.P. PROJECT DESCRIPTION CONTACT & PHONE # City of Hewitt Duff Consulting Engineers 254-756-5414 City of Pecos Frank X. Spencer & Assoc. 432-445-3707 Tank Builders, Inc. Bruce Kromer 817-510-0160 City of Borger Parkhill, Smith & Cooper, Inc. 806-376-8600 Tank Builders, Inc. Wayne French 817-510-0160 Tank Builders, Inc. Bruce Kromer 817-510-0160 Tank Builders, Inc. Bruce Kromer 817-510-0160 TXDOT-Jefferson County David Hearnsberger, P.E. 409-898-5723 City of Kerrville Howard Jackson 830-792-8317 City of North Richland Hills Richard Albin, P.E. 817-390-I000 Bolivar Peninsula SUD Dunham Engineering 979-690-6555 City of Stinnett Brandt Engineers 806-353-7233 City of Spearman Brandt Engineers 806-353-7233 START/END DATES 04-23-04 to 05-07-04 06-01-04 to 08-05-05 06-10-04 to 07-13-04 07-01-04 to 09-06-04 04-01-04 to 04-20-04 05-05-04 to 05-25-04 07-12-04 to 07-21-04 08-17-04 to 09-15-05 10-01-04 to 11-12-04 10-25-04 to 11-28-04 11-30-04 to 01-21-05 02-01-05 to 03-04-05 02-07-05 to 03-23-05 PRIME CONTRACTOR NAME OF TANK, SIZE & SHROUD/LEAD Repainting Interior of 500,000 Gallon Ground Tank, Plant No. 2 No Shroud/ No Lead Refurbishment of Two 3.0 MG Ground Storage Tanks No Shroud/ No Lead SUB -CONTRACTOR City of Corinth 0.5 MG GST Yes Shroud/ No Lead Rehabilitation of Three 1.0 MG Ground Storage Tanks Yes Shroud/ No Lead SUB -CONTRACTOR City of Celina FM 428 1.0 MG Ground Storage Tank SUB -CONTRACTOR City of Ovilla Ground Storage Tank, No Shroud/ No Lead SUB -CONTRACTOR Northeast TX MUD Ground Storage Tank Clean & Paint ExistingStructures Highway IH10 Yes Shroud/ No Lead Methodist Encampment & Riverhill Ground Storage Tanks Yes Shroud/No Lead 2.0 MG Booth Calloway Ground Storage Tank No Shroud/ No Lead High Island Water Plant 1.0 MG & 0.25 MG Water Storage Tanks No Shroud/ No Lead Downtown Elevated & Pump Station Ground Storage Tanks Yes Shroud/ Yes Lead 11`n Avenue Elevated Storage Tank Rehabilitation Yes Shroud/ Yes Lead N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD North Green M.U.D. 03-16-05 to 04-15-05 Re -Coating of Water Plant Van DeWiele Engineering Facilities 713-782-0042 No Shroud/ No Lead City of Schulenburg 04-11-05 to 04-25-05 300,000 Gallon Elevated Storage O'Malley Engineers Tank Repairs & Painting 979-836-7937 No Shroud/ No Lead City of Pecos 04-11-05 to 07-29-05 Refurbishment of a 500,000 Frank X. Spencer & Assoc. Gallon Elevated Storage Tank 432-445-3707 No Shroud/ No Lead Horizon Regional M.U.D. 04-13-05 to 07-01-05 Ground Storage Tank Gray Jansing & Assoc. Rehabilitation 915-852-9093 Yes Shroud/ Yes Lead Tank Builders 05-09-05 to 06-20-05 SUB -CONTRACTOR, Painting Bruce Kromer 6 Tanks at the Toyota Plant 817-510-0161 No Shroud/ No Lead Tank Builders, Inc. 05-16-05 to 05-25-05 SUB -CONTRACTOR Bruce Kromer Neveda W.S.C. GST 817-510-0160 No Shroud/ No Lead Milligan W.S.C. 05-26-05 to 06-02-05 Recoating & Repair of a 420,000 Daniel & Brown, Inc. Gallon Steel GST 972-784-7777 No Shroud/ No Lead Dallas County Water Control 06-16-05 to 06-25-05 Hilltop Water Tower Painting & Improvement Dist. No. 6 No Shroud/ No Lead 972-286-4477 City of New Boston 06-20-05 to 07-15-05 Painting & Rehab of Stokes & Assoc. 300,000 Gallon Elevated Tank 903-657-7558 No Shroud/ No Lead City of Harker Heights 10-03-05 to 03-17-06 Cedar Oaks, Arrowhead The Wallace Group, Inc. & Maintenance Yard Storage 254-554-5959 Tanks & Hydro Tanks San Antonio Water 10-06-05 to 12-05-05 Leon Creek & Dos Rios Jeff Pollock, P.E. Water Recycling Center 210-259-1306 No Shroud/ No Lead Air Force Village II 11-14-05 to 12-01-05 0.226 MG Ground Storage Tank Slay Engineering Co. No. 1 Rehabilitation 210-734-4388 No Shroud/ No Lead Richey Rd. M.U.D. 12-05-05 to 01-06-06 900,000 Gallon Ground Storage Van De Wiele Engineering Tank Rehabilitation 713-782-0042 No Shroud/ No Lead N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD City of Pantego 12-12-05 to 07-28-06 Rehabilitation of One Elevated & TRC Engineers Two Ground Storage Tanks 214-369-9171 No Shroud/ No Lead City of Waxahachie 01-04-06 to 03-17-06 1.5 MG Northeast Elevated Birkhoff, Hendricks, Conway Storage Tank 214-361-7900 No Shroud/ No Lead City of Midlothian 01-20-06 to 02-25-06 1.0 MG Pedestal Composite Deltatek Engineering Elevated Tank Rehabilitation 469-374-9800 No Shroud/ No Lead City of Houston 02-13-06 to 12-22-07 District 218 1.0 MG & Heights Pate Engineers 5.8 MG Ground Storage Tanks 713-462-3178 No Shroud/ No Lead City of Seminole 02-29-06 to 03-06-06 Repaint 500,000 Gallon West Texas Consultants Ground Storage Tank 432-523-2181 No Shroud/ No Lead City of Richmond 04-03-06 to 06-23-06 City Hall 100,000 Gallon Kelly R. Kaluza & Assoc. Elevated Storage Tank 281-341-0808 No Shroud/No Lead City of McAllen 04-24-06 to 06-10-06 Improvements to Cedar Water Public Utilities Tower } 956-972-7000 No Shroud/ No Lead Tank Builders, Inc. 05-11-06 to 06-16-06 SUB -CONTRACTOR Wayne French City of Murphy, Two Ground 817-510-0160 Storage Tanks Repaint Tank Builders, Inc. 07-03-06 to 08-15-06 SUB -CONTRACTOR Wayne French SAWS 3.0 MG Ground Tank 817-510-0160 No Shroud/ No Lead City of Chickasha, OK 07-17-06 to 08-20-06 SUB -CONTRACTOR Landmark Structures Water System Improvements 817-439-8888 No Shroud/ No Lead s City of Houston 10-06-06 to 06-26-08 Rehabilitation of Three Ground Pate Engineers Storage Tanks at 3 PumpStations 713462-3178 No Shroud/ No Lead TX Dept. of Criminal Justice 11-27-06 to 01-19-07 Repair of Elevated Storage Tank Parkhill, Smith & Cooper at the Stringfellow Unit 806-473-2200 No Shroud/ No Lead Landmark Structures 12-06-06 to 01-26-07 SUB -CONTRACTOR Matthew Wiatrek City of Newbraunfels 750,000 i 817-439-8888 Gallon Ground Elevated Tank N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD ; �1 SAWS 12-11-06 to 05-01-07 Rehab of5.0 MG & 50,000Gallon Tetra Tech, Inc. Tanks/ Artesia & WaldenHeights No Shroud/ No Lead Tank Builders, Inc. 01-02-07 to 1-24-07 SUB -CONTRACTOR Wayne French City of White Deer 100,000 Gallon Elevated Storage Tank City of Pampa 04-02-07 to 07-23-07 Rehab of Two 500,000 Gallon, Parkhill, Smith & Cooper 150,000 Gallon & 50,000 Gallon 806-376-8600 Water Storage Tanks City of Burleson 04-30-07 to 04-18-07 Industrial 2.0 MG & Mountain David Smyth Valley 0.3 MG Ground Tanks 817-447-5410 City of Seminole 05-14-07 to 7-25-07 Re -Coating 300,000 Gallon West Texas Consultants Elevated Storage Tank 432-523-2181 Thunderbird Utility District 05-14-07 to 07-09-07 500,000 Gallon Ground Storage Dunham Engineering Tank Rehabilitation 979-690-6555 No Shroud/ No Lead City of McAllen 05-28-07 to 06-11-07 Trade Zone Elevated Tower Public Utilities Painting 956-972-7000 No Shroud/ No Lead City of Benbrook 6-26-07 to 06-10-08 1 MG Ground Tank, 0.5 MG Kimley-Horn & Assoc. Elevated & 2 MG Ground Tanks 817-335-6511 Yes Shroud/ Yes Lead SAWS 10-11-07 to 04-01-08 Rehab Two 5.0 MG Water Tetra tech, Inc. Storage Tanks Shields & 210-226-2922 Helotes, Yes Shroud/Yes Lead Johnson County S.U.D. 11-05-07 to 01-07-08 Water Plant 34 Elevated and Kimley-Horn & Assoc. Ground Storage Tank Repaint 817-335-6511 No Shroud/ No Lead Montgomery County MUD 11-05-07 to 11-20-07 300,000 Gallon Ground Storage Bleyl & Associates Tank Rehab. 936-441-7833 No Shroud/ No Lead Memorial Villages Water 11-14-07 to 06-20-08 SUB -CONTRACT R&B Group Piney Point Water Plant 713-862-5800 No Shroud/ No Lead City of Fort Worth 12-04-07 to 06-30-08 South Holly WTP Clearwell No. Deltatek Engineering 6 & 7 Repainting & Renovation 469-374-9800 Yes Shroud/ Yes Lead N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD Bexar Met Water 02-20-08 to 08-10-08 1.5 MG Vestal Tank Tetra Tech Rehabilitation 210-226-2922 Yes Shroud/ Yes Lead Quail Valley Utility Dist. 02-27-08 to 03-27-08 Elevated Water Tank Rehab. Dunham Engineering No Shroud/ No Lead 979-690-6555 City of Woodville 03-11-08 to 04-07-08 GIB Lewis Prison Unit Elevated KSA Engineering Tank Rehabilitation 936-637-6061 No Shroud/ No Lead City of Pearland 05-25-08 to 06-24-08 Floor Repair of Two Dunham Engineering Ground Storage Tanks 979-690-6555 No Shroud/ No Lead City of Addison 07-14-08 to 7-30-08 Two Ground Storage Tanks Jerry Davis Painting 972-661-1693 No Shroud/No Lead City of Canadian 07-28-08 to 10-02-08 Locust Street 100,000 Gallon Brandt Engineers Elevated Tank Rehab 806-353-7233 Yes Shroud/ Yes Lead City of Sundown 08-11-08 to 09-10-08 200,000 Gallon Ground Parkhill, Smith & Cooper Storage Tank Repaint 806-473-2200 No Shroud/ No Lead Kempner W.S.C. 10-02-08 to 11-16-08 2.0 MG Ground Storage Tank Dunham Engineering Rehabilitation 979-690-6555 No Shroud/ No Lead City of Round Rock 10-29-08 to 02-12-09 Rehab of Southeast Elevated Hot Inspection Services & Southeast Ground Tanks 512-244-2523 No Shroud/ No Lead Nueces County WC&ID 12-01-08 to 01-30-09 1,500,000 Gallon Ground Tank Urban Engineering at Mustang Pump Station 361-854-3101 Yes Shroud/ Yes Lead City of Comanche 01-12-09 to 01-26-09 Painting 1.15 MG Water Jacob & Martin Storage Standpipe 817-594-9880 No Shroud/ No Lead Texas Health & Human Svcs. 02-16-09 to 03-06-09 Luflcin State School 150,000 Kinsman & Associates Gallon Elevated & 70,OOOGallon 972-644-7876 Ground Storage Tanks City of Goree 02-25-09 to 03-05-09 50,000 Gallon Elevated Tank Jacob & Martin Recoating 325-695-1070 No Shroud/ No Lead N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD Mayde Creek M.U.D. 03-09-09 to 03-19-09 Rehab of 0.2 MG Ground Tank Pate Engineers No. 1 & Hydro Tank No. 1 713-462-3178 No Shroud/ No Lead City of Fort Stockton 03-20-09 to 05-18-09 3 MG Ground Storage Tank Parkhill, Smith & Cooper Reverse Osmosis TreatmentPlant 432-697-1447 Yes Shroud/Yes Lead City of Benbrook 04-27-09 to 07-14-09 Hilltop Heights 150,000 Gallon Brown & Gay Engineers Ground Storage Tank 817-887-6130 No Shroud/ No Lead SAWS 01-15-09 to 04-20-09 Helotes Ground Storage Tank Tetra Tech Yes Shroud/ No Lead 210-226-2922 Hayes CISD 06-08-09 to 07-22-09 Refinish Standpipe at Martha Smith Hayes High School 512-268-2141 No Shroud/ No Lead City of Seguin 07-24-09 to 08-07-09 Kingsbury Street 1.0 MG TRC Engineers Elevated Tank 512-454-8716 No Shroud/ No Lead T.D.C.J. 08-24-09 to I 1-06-09 100,000 Gallon Elevated Tank Parkhill, Smith & Cooper, Inc. at Darrington Untit 806-473-2200 No Shroud/ No Lead City of San Antonio 09-14-09 to 11-06-09 Downtown Bridge Chesney Morales & Assoc. Maintenance 210-828-9481 Yes Shroud, No Lead City of Trinidad 09-01-09 to 09-25-09 Water Tower Renovations Hayter Engineering No Shroud/ No Lead 903-785-0303 SAWS 11-30-09 to 08-01-10 2 MG Foster Elevated Storage Freese & Nichols Tank Rehabilitation 512-451-7955 Yes Shroud/No Lead City of Grand Prairie 12-01-09 to 07-09-10 Reg. Compliance Well No. 25 & Deltatek Engineers Booster Pump Station Repainting 469-374-9800 Yes Shroud/No Lead Tank Builders, Inc. 01-11-10 to 02-15-10 SUBCONTRACTOR Wayne French Sandridge Century Plant 817-510-0160 Water Tank, Fort Stockton Tank Builders, Inc. 02-10-10 to 02-26-10 SUBCONTRACTOR Wayne French City of Hewitt, Ground 817-510-0160 Storage Tank N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD City of Fort Worth 02-29-10 to 02-01-11 Alta Mesa 9.2 MG Ground, Deltatek Engineering Eastwood 1.5 MG Elevated & 469-374-9800 Como 6.0 MG Ground Tanks Tank Builders, Inc. 04-12-10 to 04-21-10 SUBCONTRACTOR Wayne French Kramer Road Tank Painting, 817-510-0160 Burkburnett Yes Shroud Tank Builders, Inc. 06-01-10 to 06-22-10 SUBCONTRACTOR Wayne French Denton County W.S.D. 817-510-0160 2009 Pump Station City of Houston 06-01-10 to 10-21-10 Rehabilitation of 5 Ground Brown & Gay Engineers Storage Tanks & Cathodic 281-558-8700 Protection Systems City of Hallsville 07-05-10 to 07-19-10 2010 Tank Painting & Hayes Engineering Repairs 903-758-2010 No Shroud/ No Lead City of Dalhart 08-30-10 to 09-20-10 150,000 Gallon Prison Brandt Engineers Elevated Storage Tank 806-353-7233 No Shroud/No Lead New Braunfels Utilities 10-01-10 to 12-07-10 Klingemann 1.5 MG Wesley Hamff Ground Storage Tank Rehab. 830-629-8471 City of Kerrville 12-06-10 to 01-13-11 College Cove 1.0 MG Ground Dieter Werner, P.E. Storage Tank Improvements 830-257-8000 City of Shavano Park 12-13-10 to 03 -0 1 -11 Huebner 500,000 Gallon Manual Longoria, Jr. Ground Storage Tank .__ 210-493-3478 Yes Shroud/No Lead City of Vernon 01-02-11 to 0 1 -21 -11 Ion Exchange Vessel �X Kimley-Horn & Assoc. 817-335-6511 i City of Cedar Park 01-14-11 to 04-06-11 Rehab & Painting of Dies 1.5 MG _ ! Davis Engineering GST #2 & Dies 0.75 MG GST # 1 512-267-5393 Riverplace M.U.D. 02-08-11to 02-15-11 146,870 Gallon Ground Gray Jansing & Assoc. Storage Tank Rehab. 512-452-0371 . _ Weston M.U.D. 02-15-11 to 03-30-11 West Water Plant Recoating Jacobs Engineering s 832-351-6000 N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD ^r City of Copperas Cove 03-14-11 to 04-22-11 Long Mountain Water Tank Dunham Engineering Rehabilitation 979-690-6555 City of Fort Worth 03-18-11 to 11-01-11 Randol Mill 5.0 MG & Como Bahram Niknam 5.0 MG GST Rehab 469-374-9800 Tyler County WSC 04-05-11 to 04-24-11 Dam B Water Plant 300,000 Bleyl & Associates Ground Storage Tank Rehab 979-268-1125 Tank Builders, Inc. 04-25-11 to 05-08-11 SUBCONTRACTOR Wayne French DFW Airport 817-510-0160 J City ofDimmit 04-25-1 Ito 05-22-11 Two 5 MG Tank Improvements Marc Franklin & Painting 806-376-8600 City of Vega 05-09-11 to 06-17-11 500,000 Gallon Ground Storage Brandt Engineers Tank Improvements 806-353-7233 Mackenzie M.W.A 06-12-11 to 01-13-12 Rehab ofTulia, Lockney and R Brandt Engineers Rock Creek GST's 806-353-7233 City of Perryton 10-11-10 to 11-30-11 Jefferson Elevated Water Brandt Engineers Storage Tank Rehabilitation F-, 806-353-7233 New Braunfels Utilities 11-02-11 to 01-15-12 Kohlenberg 2.0 MG Stand Pipe r Herb Shadrock Restoration 830-608-8969 City of Falfurrias 12-06-11 to 02-14-12 100,000 Gallon Elevated Garcia & Wright Engineers Storage Tank " 210-349-5253 City of Cedar Park 01-16-12 to 04-16-12 2012 Water Tank Rehab. Davis Engineering 210,000 Gallon GST &750,000 LJ 512-267-5393 Gallon EST Ricewood MUD 02-06-12 to 03-10-12 Water Plant No. I Recoating, 1" Van De Wiele & Vogler 500,000 GST & 25,000 Gallon 713-782-0042 Pressure Tank City of Abilene 02-16-12 to 05-10-12 Hartford Elevated Storage I_ Jacob & Martin Tank Rehabilitation 325-695-1070 a f ti N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD S.S. Water Supply Corp. 04-03-12 to 4-21-12 Highway 97 Plant 50,000 Southwest Engineers & 100,000 Gallon GST 830-672-7546 City of Spearman 04-23-12 to 05-20-12 Avenue D 500,000 Gallon Brandt Engineers Ground Storage Tank 806-353-7233 Lumberton MUD 05-01-12 to 05-10-12 Repair of 500,000 Gallon Dunham Engineering EST No. 3 979-690-6555 City of Devers 05-13-12 to 07-07-12 50,000 Gallon Elevated Carroll & Blackman, Inc. Storage Tank Rehab 409-833-3363 City of Flower Mound 06-05-12 to 10-10-12 Waketon 1.0 MG Elevated Kimley-Horn & Assoc. Storage Tank Rehab 972-770-1300 Benbrook Water Authority 08-07-12 to 11-11-12 1.0 MG Ground GST & Kimley Horn & Assoc. 0.5 MG EST Rehabilitation 817-335-6511 City of Franklin 10-22-12 to 01-06-13 100,000 Gallon Elevated Jones & Carter, Inc. Storage Tank #1 Rehab 979-731-8000 City of Arlington 11-05-12 to 02-24-13 Southeast & Matlock Elevated Deltatek Engineering Storage Tanks 469-374-9800 City of Cisco 01-08-13 to 02-28-13 Rehab of Elevated & Enprotec/Hibbs & Todd Ground Storage Tanks 325-698-5560 Tyler County WSC 01-21-13 to 02-03-13 Hillister Water Plant Bleyl & Associates Ground Storage Tank Rehab. 979-268-1125 City of Thrall 02-04-13 to 02-24-13 Ground Storage Tank Hejl, Lee & Associates Rehabilitation 512-642-3292 Montgomery County MUD 18 02-25-13 to 04-06-13 1.0 MG Ground Storage Bleyl & Associates Tank Recoating 936-441-7833 City of Fort Worth 02-25-13 to 4-30-13 South Holly WTP Lime Kleinfelder, Inc. Silos & Backwash Tank 512-491-4623 N.G. PAINTING, L.P. PRIME CONTRACTOR PROJECT DESCRIPTION NAME OF TANK, SIZE CONTACT & PHONE # START/END DATES & SHROUD/LEAD Harris Co WCID No. 84 03-18-13 to 04-07-13 SUB -CONTRACTOR R&B Group, Inc. 240,000 Gallon GST 713-862-5800 & 200,000 Gallon GST Painting City of Sugar Land 04-08-13 to 05-19-13 1.5 MG First Colony GST IDS Engineering Rehabilitation 713-462-3178 City of Luflcin 05-24-13 to 09-15-13 Rehab of Two 2.1 MG Everett Griffith, Jr & Assoc. Ground Storage Tanks 936-634-5528 City of Sanford 06-04-13 to 06-16-13 Water Storage Tank Painting Brandt Engineers 806-353-7233 City of Seagoville 09-14-13 to Cain Street 500,000 Gallon Halff Associates Elevated Storage Tank Rehab 214-572-2272 City of Andrews 10-14-13 to 11-1013 Interior Coating of 1.4 MG West Texas Consultants Ground Storage Tank 432-523-2181 S S Water Supply Corp. 11-18-13 to Whispering Oaks 300,000 Gallon Southwest Engineers Elevated Tank Recoating 830-672-7546 City of Lampasas Spring Street Pumping Station HDR Engineering Improvements 512-912-5100 City of Friona North Ground Storage Tank Brandt Engineers Rehabilitation 806-353-7233 Harris County WCID #116 400,000 Gallon North GST and AEI Engineers 400,000 Gallon South GST Rehab. 2 81-350-7027 City of Tyler Troup Highway 3.0 MG Standpipe Wisenbaker, Fix & Assoc. Cleaning & Painting 903-581-8141 Brazos Regional PUA 1 MG Ground Storage Tank Childress Engineers Rehabilitation 817-645-1118 N.G. 'Fainting LP 1225 Bandera Hwy. Ste. A2 Kerrville, TX 78028 P. (830) 257-5940 F. (830) 792-4968 ASSET SCHEDULE EQUIPMENT LIST 3 Graco X-45 X-Treme 45:1 Airless Spray Pumps 1 Graco X-90 X-Treme 90:1 Airless Spray Pumps 1 Graco Plural Component Airless Spray Pump 2 6- Ton Sand Pots 18- Ton Sand Pot 2 32-Ton Sand Hoppers 12 Sky Climber Air Motors 2 Graco 85:1 Bulldog Airless Spray Pumps 30 30x50 Geotarps 5 0 + Eagle Containment Tarps 1 Carbon Monoxide Detector 16000 CFM Concept Design Dehumidifier 16000 CFM Concept Design Dual Component Dehumidifier 110000 CFM Dry -Tech Dehumidifier 2 900 CFM Sullair Air Compressors 1925 CFM Ingersol Rand Air Compressor 11300 CFM Ingersol Rand Air Compressor 2185 CFM Ingersol Rand Air Compressor 1 185 CFM Sullair Air Compresor 11600 CFM Ingersol Rand Air Compressor 1125KW Ingersol Rand Generator 165KW Ingersol Rand Generator 145 KW Ingersol Rand Generator 130 KW Whisper Watt Generator 145000 CFM ARS Dust Collector 140000 CFM ECS Dust Collector 1 Ford Chassis Cab GapVax Vacuum Truck 1 ARS Super 6 Steel Grit Recycling Unit 1 ARS Super 8 Steel Grit Recycling Unit 1 Freightliner Sleeper Cab Semi Truck 152 ft. Flatbed Semi Trailer 152 ft. Drop Deck Semi Trailer _ 12001 Ford F-250 1 2 2002 Ford F-250 12006 Ford F-250 12008 Ford F-250 12011 Ford F-250 3 36 Ft Gooseneck Trailers 6 20 Ft. Utility Trailers 2 BobCat Skid Loaders 1 Eagle Decon Trailer 2 Blast Trac RBW Remote Controlled Abrasive Blast Machines EMPLOYEE LIST Nick Gramatikakis President,Owner Since 1987 Dawn Pults Office Manager Since 1999 Erinn Jensen Secretary Since 2011 George Georgantonis Supervisor Since 1997 Pete Georgantonis Supervisor Since 2001 George Batsakis Supervisor Since 2005 Georgios Gramatikakis Supervisor/ Since 2007 Safety Officer Julio Bueso Painter/Blaster Since 2003 Nelson Zavala Painter/Blaster Since 2001 Lui Kulihaapai Painter/Blaster Since 1998 Sione Lasalosi Painter/Blaster Since 2001 Ahokata Schaaf Painter/Blaster Since 1998 Armando Velasquez Painter/Blaster Since 2008 Johnathan Cruz Painter/Blaster Since 2011 German Cordova Painter/ Blaster Since 2011 Samisone Tupou Helper Since 2007 Danny Uluakiola Helper Since 2010 Villiami Mahe Helper Since 2012 Page Intentionally Left Blank PAYMENT BOND Pa2e Intentionally Left Blank STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) �Ct4 C51 q 2'1�0 KNOW ALL MEN BY THESE PRESENTS, that N.G. Painting, L.P. (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of THREE HUNDRED TWENTY-THREE THOUSAND DOLLARS ($323,000) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9TH day of Januarv. 2014. to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond a in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day o2014. Surety �' Pugfi rA , W (Company Name) By: N ck�rr (Printed Name) (Si e) (Title) T uOU'gned s ety company represents that it is duly qualified to do business in Texas, and hereby designate1 an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whome of proc s m be had in matters arising out of such suretyship. r t i Surety f Approved as to form: al City of Lubbo By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. :_ j PERFORMANCE BOND Page Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, as Principal(s), and Vil lz'-(tou called the Principal(s), (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of THREE HUNDRED TWENTY-THREE THOUSAND DOLLARS ($323,000) lawful -money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, ' administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9T" day of January, 2014, to UJb l my--'� and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, faithfully perform the work in be void; otherwise to remain in PROVIDED, HOVE Texas Government Code, a article to the same extent as OF THIS OBLIGATION IS SUCH, that if the said Principal shall plans, specifications and contract documents, then this obligation shall bond is executed pursuant to the provisions of Section 2253.021(a) of the on this bond shall be determined in accordance with the provisions of said at length herein. TF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 2014. K�L VA A- ah. 3(� 1 -- (CompanyName) By: Nick C-��r�� ► (Printed Name) (Si e) '-�)C e_5k; CA �Y1 �— (Title) The ndersigned sure c mpan represents that it is duly qualified to do business in Texas, and hereby designates _ an agent resident in Lubbock County to whom any requisite notices may be delivered and on hom se pro ss may be had in matters arising out of such suretyship. urety i it Approved as to Form City of Lu o By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 POA N: 4221008 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Michael T. Siegeler, Teresa S. Muniz, Jennifer Smith its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said AttoMey-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any SeFretary-or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the'signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of March, A.D. 2013. SURETEC INSURANCE COMPANY eVaA^!Qn o,.• X �. o m q •: By: — w i w Di John N ox Jr resident State of Texas ss:�:. 5. County of Harrisa On this 21 st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly swam, did deposa and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed [he above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. „xrW JACOUELYNMAO Notary Public State of Texas My Comm. Exp. 5/1812017 JacgGelyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. I Given under my hand and the seal of said Company at Houston, Texas this 1rM1 day of e 1 ,, A.D. . Bre t Beaty, Assistant §ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 6:00 pm CST. Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this comnanv, the further hereinafter described. Exceptions to standard volicv noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto/General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing t 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: �...., PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A LJ CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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 CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. I' $- REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) 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: (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; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; M 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 (G) 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. Page Intentionally Left Blank a [a CONTRACT Page Intentionally Left Blank mm CONTRACT 11629 I' STATE OF TEXAS E COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9th day of January, 2014 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and N.G. Painting, L.P. of the City of, County of Kerr and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the - - CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: __ PROPOSAL 14-11629-MA — Two Tank Coating Project 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 N.G. Painting, L.P.'s proposal dated December 2, 2013 is incorporated into and made a part of this 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 proposal 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 Lubback, Lubbock County, Texas in the year and day first above written. CONTRACTOR: N.G. Painting, L.P. By:, PRINTE AME: TITLE: COMPLETE ADDRESS: Company N.G. Painting, L.P. Address 1225 Bandera Hwy, Ste. A2 City, State, Zip Kerrville, Texas 78028 ATTEST: Corporate Secretary •&WAM"W100,05"Fli Fln � M-1 - 0 IR In ►� : JT ATTEST: City tecretary P Attorney TO CONTENT: Water Utilities Engineer P.E., City Engineer • •CU Page Intentionally Left Blank I GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank 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 N.G. Painting, L.P. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative John Turyin P.E., Chief Water Utilities Engineer, 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 Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES t Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," ._ "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). Q_, 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. 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. (' j All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. 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 ten 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 The Contractor is responsible for construction layout based on the control provided in the construction Li documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) 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. 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 (as distinguished from Resident Project Representative(s))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 ensure 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 time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, 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 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 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. 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 WORKERS The Contractor agrees to employ only orderly and competent workers, 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 Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the 1_ Owner's 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 Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's 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 that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's 1 A 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 3? Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or 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 Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance 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. 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 proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation 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 to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; 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, as estimated by the Engineer and approved by the Owner.. 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, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of 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 before the commencement of 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 proposal, 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 proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering 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 seven (7) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 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 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 Engineer 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, attorneys' 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 t_ . 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. 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 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. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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 CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury Pollution Liability B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $1,000,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000.000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance. DELETED 0 _7 E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) DELETED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $1,000,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of 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 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. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (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 10 i_ F 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. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal 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 11 (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; (1) 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: 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 800-372-7713 or 512-804- 4000 (►vww tdi.state.mus) 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 12 t__= 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 1, on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES 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 Engineer 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, material men 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. 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 an wa manner or form the indemnity provided b Contractor in paragraph 27 hereof, the Y Y> h' P Y P g p -' 13 Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, 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 offering. 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 Engineer 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 proposing 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 there from. 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 Notice to Proceed and contract documents, respectively, 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 (THREE HUNDRED) 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 14 i 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 -s 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. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute 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 proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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 proposal 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 within 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. 37. HINDRANCE AND DELAYS 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. t.� 15 38. 39. 40. 41 42. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be fumvished 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 proposals 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 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, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 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 Engineer, 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. 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 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. 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. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and 16 f,. F i 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. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. 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. 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 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 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 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 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 but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. 17 i_ 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 shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. j 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, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 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. J 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 l j 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 anmachine equipment, tools materials or supplies then on the job, but the same together with an materials Y D'�PP J g Y 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. 18 �r 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 proposals, 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 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 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 Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. 19 i° I 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 CONTRACTOWS 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 Contractor is 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 Contractor is 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 shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and 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. 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 q''s materials and shall leave the work room clean or its equivalent. The work shall be left in good order and f condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 20 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as deemed 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. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. l._a 21 59. HOUSE BILL 2015 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). 22 DAVIS-BACON WAGE DETERMINATIONS F 14 PaLye Intentionally Left Blank EXHIBIT A General Decision Number: TX130262 05/17/2013 TX262 Superseded General Decision Number: TX20120262 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 01/04/2013 1 03/29/2013 2 05/17/2013 * BOIL0531-001 01/01/2013 Rates Fringes Boilermaker ....................$ 22.71 20.63 ---------------------------------------------------------------- BRTX0005-003 06/01/2012 Rates Fringes Bricklayer$19.50 173 -- ---------------------------------------- _ CARP0665-002 05/01/2010 Rates Fringes { Carpenter ......................$ 20.18 ---------------------------------------------------------------- 5.56 [,' ENGI0178-004 12/01/2009 Rates Fringes OPERATOR: Forklift ..............$ 21.20 9.35 ---------------------------------------------------------------- IRON0263-017 06/01/2012 Rates Fringes Ironworker, reinforcing ........ $ 21.85 ---------- 5.40 ------------ PAIN0053-003 04/01/2008 Rates Fringes Painter - Brush, Roller & Spray ............................$ 15.81 ------------------------------------------- --------------------- 4.56 PLUM0404-022 09/24/2012 Rates Fringes PLUMBER/PIPEFITTER...............$ 22.50 6.25 ---------------------------------------------------------------- SHEE0049-007 06/01/2011 Rates Fringes SHEETMETAL WORKER (HVAC Duct and Unit Installation) ........... $ 22.18 9.47 ---------------------------------------------------------------- SUTX2009-168 06/03/2009 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 18.58 0.00 ELECTRICIAN ......................$ 18.09 2.36 IRONWORKER, STRUCTURAL ........... $ 10.38 0.00 LABORER: Common or General ...... $ 8.86 0.00 LABORER: Mason Tender - Brick...$ 11.00 0.00 OPERATOR: Backhoe/Excavator..... $ 13.81 0.00 OPERATOR: Grader/Blade .......... $ 12.97 0.00 OPERATOR: Loader (Front End) .... $ 12.23 0.00 ROOFER ...........................$ 12.06 0.00 TILE SETTER ......................$ 8.50 0.00 TRUCK DRIVER .....................$ ---------------------------------------------------------------- 10.15 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may Y include both union and non -union data. Example: SULA2001-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates @I the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION _ j Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank City Of ubbock TWO TANK COATING PROJECT TECHNICAL SPECIFICATIONS �.................... GREG JOHN BAIER j November, 2013 TABLE OF CONTENTS TWO TANK COATING PROJECT DIVISION 1— GENERAL REQUIREMENTS 01010 Summary of Work....................................................................4 01019 Contract Considerations..............................................................1 01028 Change Order Procedures...........................................................3 01039 Coordination of Meetings...........................................................3 01140 Work Restrictions....................................................................3 01300 Submittal Procedures.................................................................4 01310 Progress Schedules..................................................................2 01322 Photographic Documentation......................................................2 01400 Quality Requirements................................................................4 01500 Temporary Facilities and Control...................................................3 01630 Substitutions and Product Options.................................................1 01700 Contract Closeout.....................................................................3 DIVISION 9 — PAINTING 09900 Lead Removal..................................................................19 09905 Coating and Painting for Steel Water Storage Tanks .............................14 C. The Tanks will remain in service during the rehabilitation of each individual tank. Coordination with Plant Staff and the Contractor will be arranged for the coating application of the interior of the SEW" tank. 1.8 WARRANTY A. Contractor shall provide a warranty for one (1) year after the date of final acceptance of the work for all the contractor work performed on the two (2) tanks. B. On the eleventh month of the subsequent year from the date of final acceptance, Owner's Representative will schedule an annual Inspection with the presence of the Contractor to inspect for defect in the work performed. Repaint any work that is considered defective by the Owner's Representative. C. Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in defects at no cost to the Owner. 1.9 PROPERTY PROTECTION A. Contractor shall be aware of surrounding residences and commercial businesses or buildings in the vicinity of the tank. Extreme care should be used in protecting buildings and vehicles from falling debris, sand, paint, water or any materials that might cause damage. B. Contractor shall immediately correct any damage to the property to the satisfaction of property owner. Payment shall be withheld in the amount of any claims until such time as the claims are satisfied. 1.10 OWNERS REPRESENTATIVE A. Owner's Representative shall be John Turpin P.E., Chief Water Utilities Engineer B. Project Engineer shall be Greg Baier P.E. C. Project Manager shall be Josh Kristinek. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION i3 Two Tank Coating Project 01010-3 November, 2013 4 }' SECTION 01019 CONTRACT CONSIDERATIONS PART 1— GENERAL 1.1 SECTION INCLUDES A. Schedule of Values B. Application for Payment 1.2 SCHEDULE OF VALUES A. Submit a printed schedule on Project Manager approved Contractor's form or electronic media printout. B. Submit Schedule of Values in duplicate within five (5) days after receiving the bid tabulation. C. Revise schedule to list approved Change Orders, with each Application for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Submit two (2) copies of each application on Project Manager approved Contractor's form or electronic media printout. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: Monthly, submit application for payment on or about the 10"' day of each month. a. Each payment shall be reviewed by the Inspector and Contractor before payment is submitted to review quantities installed and materials stored on hand. D. Include an updated construction progress schedule, materials received, and manifest. E. Submit the following along with the application for final payment: a. The documentation for the completed project. b. Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by the Contractor for the project including materials and labor have been paid. c. Contractor warranties for this job shall be signed and sealed by a Notary Public this includes all work performed by sub -contractors. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Two Tank Coating Project 01019-1 November, 2013 SECTION 01028 CHANGE ORDER PROCEDURES PART 1— GENERAL 1.1 SECTION INCLUDES A. Submittals B. Documentation of change in Contract Sum/Price and Contract Time C. Change procedures D. Stipulated price change order E. Unit price change order F. Time and material change order G. Execution of change orders H. Correlation of Contractor submittals 1.2 RELATED SECTIONS A. Document — General Contract Conditions B. Section 01300 — Submittals: Work schedule C. Section 01700 — Contract Closeout 1.3 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Change Order Forms. 1.4 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in a cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. Two Tank Coating Project 01028-1 November, 2013 d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.5 CHANGE PROCEDURES A. The Project Manager will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by the Contract by issuing supplemental instructions by letter. B. The Project Manager may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change. The Contractor will prepare and submit an estimate within seven (7) days. C. The Contractor may propose a change by submitting a request for change to the Project Manager, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other Contractors. 1.6 CONSTRUCTION CHANGE AUTHORIZATION A. The Project Manager may issue a document, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum/Price or Contract Time. C. Promptly execute the change in the Work. 1.7 STIPULATED PRICE CHANGE ORDER A. Based on Proposal Request and Contractor's maximum price quotation or Contractor's request for a Change Order as approved by the Project Manager. 1.8 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Construction Change Authorization. C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and Material Change Order. 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. The Project Manager will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. Two Tank Coating Project 01028-2 November, 2013 i j 1.10 EXECUTION OF CHANGE ORDERS A. Execution of Change Order: The Project Manager will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION r, i Two Tank Coating Project 01028-3 November, 2013 SECTION 01039 COORDINATION AND MEETINGS PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings: General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division 1 — General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Coordination B. Field engineering C. Pre -Bid Meeting D. Preconstruction meeting E. Progress meetings F. Preinstallation meetings 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of the Project to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial Completion. C. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 PREBID MEETING A. The pre -bid meeting will be set up through the City of Lubbock purchasing department and that information will be posted on Bidsync. After the pre -bid meeting there will be a site visits for any contractor that wishes to view the tanks. 1.5 PRECONSTRUCTION MEETING A. The Project Manager will schedule a preconstruction meeting after the City of Lubbock Council has approved the bid and awarded a Contractor. B. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. C. Agenda: a. Notice to Proceed Two Tank Coating Project 01039-1 November, 2013 1 b. Use of premises by Owner and Contractor. c. Distribution of executed Contract Documents. d. Submission of list of Subcontractors, list of products and progress schedule. e. Designation of personnel representing the parties in Contract and the Project Manager. f. Owner's requirements. g. Construction facilities and controls provided by Owner. h. Security and housekeeping procedures. i. Schedules. j. Procedures for testing. k. Procedures for maintaining record documents. D. Inspection and acceptance E. Record minutes and distribute copies within five (5) days after meeting to participants and those affected by decisions made. 1.6 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at minimum monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Project Manager, as appropriate to agenda topics for each meeting. D. Agenda a. Review minutes of previous meetings. b. Review of Work progress. c. Field observations, problems, and decisions. d. Identification of problems which impede planned progress. e. Review of submittals schedule and status of submittals. f. Review of off -site fabrication and delivery schedules. g. Maintenance of progress schedule. h. Corrective measures to regain projected schedules. i. Planned progress during succeeding work period. j. Coordination of projected progress. k. Maintenance of quality and work standards. 1. Effect of proposed changes on progress schedule and coordination. m. Other business related to Work. E. Record minutes and distribute copies within five (5) days to Project Manager, participants, and those affected by decisions made. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 EXAMINATION Two Tank Coating Project 01039-2 November, 2013 3.2 A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Examine and verify specific conditions described in individual specification sections. C. Verify that utility services are available, of the correct characteristics, and in the correct location. Mobile PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. All application process shall be in accordance to the technical specifications a will not be allowed to veer from the manufactures specifications. END OF SECTION Two Tank Coating Project 01039-3 November, 2013 SECTION 01140 WORK RESTRICTIONS PART 1— GENERAL 1.1 SECTION INCLUDES A. Use or premises B. Special scheduling requirements C. Working period D. Utility cutovers and interruptions E. Occupancy requirements 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section. 1.3 USE OF PREMISES A. Use of site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. a. Limits: Confine construction operations within the two site locations. It will be the sole responsibility of the contractor to protect his/hers own equipment and materials. 1.4 SPECIAL SCHEDULING REQUIREMENTS A. Have materials, equipment, and personnel required to perform the work at the site prior to the commencement of the Work. B. Permission to interrupt utility service shall be requested in writing a minimum of fourteen (14) calendar days prior to the desired date of interruption. 1.5 WORKING PERIOD A. Working Hours: Regular working hours shall be within an eleven (11) hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday, Saturday work shall be restricted to those activities that do not require observation by the Owner and must be granted permission in advanced before construction on the weekend can take place. The Owner reserves the right, at the Owner's discretion, to disallow work when it interferes with holiday times and traffic. No work shall be performed on the following holiday periods or days: a. New Year's Day b. Good Friday Holiday c. Memorial Day Holiday d. Independence Day Holiday e. Labor Day Holiday Two Tank Coating Project: 01140-1 November, 2013 f. Thanksgiving Day Holiday plus the day before and the three days following Thanksgiving Day. g. Christmas Week. If Christmas Day falls on Saturday, this will be defined as the week leading to Christmas Day. If Christmas Day falls on Sunday, this will be defined as the week following Christmas Day plus the Friday and Saturday prior to Christmas Day. B. Work outside regular working hours requires Owner's approval. Make application twenty-one (21) calendar days prior to such work to allow arrangements to be made by the Owner for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Owner may approve work outside regular hours. During periods of darkness, the different parts of the work shall be lighted in a manner approved by the Owner and meeting all OSHA requirements. Lighting shall be such that it does not cause nuisance conditions. PART 2 — PRODUCTS Not used PART 3 —_EXECUTION 3.1 WORK AREA LIMITS A. Prior to any construction, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects. END OF SECTION Two Tank Coating Project: 01140-2 November, 2013 SECTION 01300 SUBMITTAL PROCEDURES PART 1— GENERAL 1.1 SECTION INCLUDES A. Submittal procedures B. Construction progress schedules C. Proposed products list D. Shop drawings E. Product data F. Samples G. Manufacturers' instructions H. Manufacturers' certificates I. Construction photographs and Video 1.2 RELATED SECTIONS A. Section 01700 — Contract Closeout B. Section 09900- Lead Removal C. Section 09800- Coating System for Metal Tanks 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address, and phone number. B. Identify Project, Contractor, Subcontractors or Suppliers, pertinent Drawings sheet and detail number(s), and specification Section number, as appropriate. C. Schedule submittals to expedite the Project and coordinate submission of related items. a. The Owner and Engineer reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. b. Submittals maybe delivered to the Engineer at the following address: i. Water Utilities Engineering PO Box 2000 1625 13`h Street Lubbock, Texas 79457 D. Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on the Owner or Engineer's receipt of submittal. a. Allow fifteen (15) days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. The Owner or Engineer will advise the Contractor when a submittal being processed must be delayed for coordination. b. If more than five (5) submittals are transmitted for review within any five (5) day period, the time allowed for review will be increased to twenty-one (21) days. Two Tank Coating Project 01300-1 November, 2013 c. Where concurrent review of submittals by the Engineer, Owner, or other parties is required, allow twenty-one (21) days for initial review of each submittal. d. If intermediate submittal is necessary, process it in same manner as initial submittal. e. Allow fifteen (15) days for processing each resubmittal. Each resubmittal will count toward the submittal count in a five (5) day period in paragraph 1.3.D.b above. f. No extension of the Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. E. Identify variations from Contract Documents and Product'or system limitations which may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Revise and resubmit submittals as required, identify all changes made since previous submittal. H. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. I. Use only final submittals with mark indicating action taken by Owner or Engineer in connection with the construction. J. Submittals not requested will not be recognized or processed. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. C. Re -use original transmittal number and supplement with sequential alphabetical suffix for each re -submittal. PART 2 — PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. a. Number of Copies: Submit three (3) copies of each submittal, unless otherwise indicated. The three (3) copies will be retained by the Owner's representative. Any additional copies that the Contractor may need for his operations will be in addition to the three (3) copies required. B. Proposed Products List a. Within fifteen (15) days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model or catalog designation, and reference standards. b. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. C. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. a. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 9 Two Tank Coating Project 01300-2 November, 2013 b. Include recommendations for application and use, compliance with specified standards of trade associations and testing agencies. c. Include notation of special coordination requirements for interfacing with adjacent work. d. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 — Contract Closeout. 2.2 INFORMATION SUBMITTALS A. Manufacturer's Instructions: a. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. b. Identify conflicts between manufacturers' instructions and Contract Documents. c. Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. B. Manufacturer's Certificates a. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. b. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. c. Certificates may be recent or previous test results on material or Product, but must be acceptable to the Engineer. C. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. PART 3 — EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to the Owner or Engineer. B. Approval Stamp: Stamp each submittal with a unifonn approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that the submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 OWNER AND ENGINEER'S ACTION A. General: The Owner or Engineer will not review submittals that do not bear the Contractor's approval stamp and will return them without action. B. Action Submittals: The Owner or Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. The Owner Two Tank Coating Project 01300-3 November, 2013 i or Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: a. No exception taken b. Make correction noted c. Revise and resubmit d. Rejected e. The submittal stamp by the Owner or Engineer will also contain the following: i. Checking is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Any action shown is subject to the requirements of the plans and specifications. The Contractor is responsible for confirming and correlating all quantities and dimensions; selecting fabrication processes and techniques of construction; and performing the Work in a satisfactory manner. C. Informational Submittals: The Owner or Engineer will review each submittal and will not return it, or will reject and return it if it does not comply with the requirements. END OF SECTION Two Tank Coating Project 01300-4 November, 2013 SECTION 01310 PROGRESS SCHEDULES PART 1— GENERAL 1.1 SECTION INCLUDES A. Format B. Content C. Revisions to schedules D. Submittals 1.2 RELATED SECTIONS A. Section 01010 — Summary of Work B. Section 01019 — Contract Considerations C. Section 01300 — Submittal Process D. Section 01322 — Photographic Documentation 1.3 FORMAT A. Sequence of Listings: The chronological order of the start of each item of Work. B. Scale and Spacing: To provide space for notations and revisions. C. Sheet Size: Minimum 8 1/2 x 11 inches D. Submit only if requested by the Engineer or Owner at preconstruction or partnering conference. 1.4 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. a. Identify each item by specification Section number. b. Provide sub -schedules to define critical portions of the entire Schedule. c. Show accumulated percentage of completion of each item, and total of Work completed, as of the first da percentage P � Y of each month. d. Provide separate schedule of submittal dates for shop drawings, product data, samples, and dates reviewed submittals will be required from the Engineer. -` Indicate decision date for selection of finishes. e. Contractor will be required to submit a progress schedules and construction photos at the monthly progress meeting. 1.5 REVISIONS TO SCHEDULES A. Contractor shall provide a detail schedule at the monthly progress meeting including time frame of completion of previous months work, and work for the next mouth. B. Indicate progress of each activity to date of submittal, and projected completion date of each activity. Two Tank Coating Project 01310-1 November, 2013 C. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. D. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 1.6 SUBMITTALS A. Submit initial Schedules within ten (10) days after date established in Notice to Proceed. After review, resubmit required revised data within ten (10) days. B. Submit revised Progress Schedules with each Application for Payment. C. Submit the number of opaque reproductions which the Contractor requires, plus two (2) copies which will be retained by the Engineer. 1.7 DISTRIBUTION A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Two Tank Coating Project 01310-2 November, 2013 ti_ SECTION 01380 PROJECT PHOTOGRAPHS PART 1— GENERAL 1.1 WORK INCLUDED A. This section covers the description of the Work to be completed under these Specifications. B. All project photography shall follow the specifications listed herein. 1.2 DEFINITIONS A. CD — compact disk; electronic media for storing digital information such as photos; B. jpeg — a specific photographic file format utilizing file compression with minimal loss of image quality; C. Megapixels — defined as one million pixels; used for image density rating; D. Picture — synonymous with photograph; E. Pixel — the smallest indivisible color element of a raster image; F. USB — the Universal Serial Bus is a standard for cable connections and 1.3 QUALITY ASSURANCE A. The Contractor shall verify image quality through camera's on -screen display after taking photos. B. Photos shall not utilize digital zooms. 1.4 SUBMITTALS A. The following elements of construction shall have a minimum of 10 photos each from multiple angles: (1) Pre -construction conditions (2) Excavation & shoring (3) Concrete formwork & reinforcement placement (4) Precast vault installation (5) Meter setting (6) Backfilling & compaction (showing method of compaction at each change in material) B. Submittals are due in conjunction with each pay app cycle; photos may be used to corroborate materials or progress verification. C. Photos shall be submitted in digital format on any of the following hard media: (1) Photo CD (2) USB Drive D. Emailed photo submittals will not be accepted. Two Tank Coating Project 01380-1 November, 2013 E. External hard drives for file transfer will not be accepted. PART 2 — PRODUCTS 1.5 PHOTOGRAPHS A. All photography shall be digital. B. File format for all pictures shall be jpeg. C. All photos shall be of a size of 2.0 megapixels or greater. D. Naming Convention (1) All digital photo files will be re -named according to the following standard: [ContractNumber]-[Description] Example: 011035-Precast Concrete Vault Installation of 3rd Section (a) Station numbering shall appear in the description when applicable. (b) Camera's date settings must be correct and automatic date information shall not be tampered with or altered after photos are taken. PART 3 -- EXECUTION 1.6 RESTRICTIONS A. In secure areas, permission will be required prior to access. B. Pictures taken from outside secure areas (through or over fence) will not be allowed. 1.7 PROCEDURES A. Photos shall be taken during on -going work, unless requested by Engineer.' B. Number of photos per construction element may change based on complexity of construction or due to unforeseen circumstances. 1.8 OTHER REQUIREMENTS A. The Engineer reserves the right to request additional pictures. B. The City's Senior Inspector may also request additional photos in special circumstances. END OF SECTION Two Tank Coating Project 01380-2 November, 2013 SECTION 01400 QUALITY REQUIREMENTS PART 1— GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with the Contract Document requirements. a. Specific quality control requirements for individual construction activities are specified in the sections that specify those activities. Requirements in those Sections may also cover production of standard products. b. Specified tests, inspections, and related actions do no limit the Contractor's quality control procedures that facilitate compliance with the Contract Document requirements. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division 1 specification Sections, apply to this section. B. Divisions 2 through 16 Sections for specific test and inspection requirements. 1.3 DEFINITIONS A. Quality Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complies with requirements. B. Quality Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with the project requirements. 1.4 SUBMITTALS A. Qualification Data: For individuals employed by the Contractor who will perform testing as required by the various specification Sections, submit at least fourteen (14) days prior to being used on the project the capabilities and experience of such individuals and the types of tests that the individual will perform. For outside testing agency employed by the Contractor, submit at least fourteen (14) days prior to being used on the project the name, address, and manager of such testing agency and the types of tests that the agency will perform. Such testing agency shall be acceptable to the Owner prior to being used on the project. B. Reports: Prepare and submit written reports within fourteen (14) days following the date of the test that include the following: Two Tank Coating Project 01400-1 November, 2013 C. E. F. a. Date of issue b. Project title and number. c. Name, address, and telephone number of testing agency. If the individual is employed by the Contractor, use Contractor's name, address, and telephone number. d. Dates and locations of samples and test e. Names of individuals making tests f. Description of the work and test method g. Identification of material, product, and specification Section. h. Complete test or inspection data i. Test results and interpretation of test results j. Ambient conditions at time of sample taking and testing. k. Comments and opinion on whether tested Work complied with the Contract Document requirements and the applicable specification Section. 1. Name and signature of individual performing the test if employee of the Contractor, or name and signature of testing agency responsible person. m. For failing tests, recommendations on retesting unless specification Sections provide procedure for retesting. Professional Engineer Qualifications: Where a Professional Engineer is required in the specification Sections, this means a Professional Engineer who is legally qualified to practice in Texas and who is experienced in providing engineering services of the kind indicated. Test Agency Qualifications: An agency with the experience and capability to conduct testing indicated, as documented by ASTM E 548, and that has the capability and experience in the types of tests to be performed. Preconstruction Testing: Testing agency shall perform preconstruction testing with specified requirements for performance and test methods. The Contractor shall not perform preconstruction testing except through a third party testing agency. Testing Agency Responsibilities: Submit certified written report of each test and similar Quality Assurance service to the Contractor. Interpret tests and state in each report whether tested work complies with or deviates from the Contract Document requirements. 1.5 QUALITY CONTROL A. Owner Responsibilities: Where quality control services are indicated as Owner or Project Manager's responsibility, such services may be performed by the Owner's forces or by a qualified testing agency to perform these services. a. The Owner or Project Manager will furnish the Contractor with names, addresses, and telephone numbers of testing agencies engaged by the Owner. Contractor Responsibilities: Provide quality control services required in the various specification Sections. a. Where third party testing is engaged by the Contractor, notify testing agency sufficiently in advance of the time and date when work that requires testing will be performed. Two Tank Coating Project 01400-2 November, 2013 b. The Contractor shall not engage the same testing agencies as the Owner, unless Owner agrees in writing to such engagement. c. Where testing is indicated as the Contractor's responsibility, submit certified written reports in duplicate of each testing service, whether performed by the Contractor's personnel or Contractor engaged testing agency. Such reports shall include failing tests and retests. d. Testing requested by the Contractor and not required by the Contract Documents are the Contractor's responsibility. e. Where the Contractor's personnel are performing tests, provide individuals with appropriate equipment to perform the tests in accordance with the test method requirements. Provide alternate equipment where the specified test method cannot be applied, and where alternative test methods and equipment must be employed to provide the necessary quality control. C. Retesting: Regardless of whether original tests were the Contractor's responsibility, provide quality control services, including retesting, for construction that revised or replaced work that failed to comply with requirements established by the Contract Documents. D. Testing Agency Responsibilities: Cooperate with the Project Manager and Contractor in performance of duties. Provide qualified personnel and necessary equipment to perform required tests and inspections. a. Notify the Project Manager or Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. b. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the requirements. c. Submit a certified written report, in triplicate, of each test, inspection, and similar quality control service through the Contactor. d. Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept any portion of the Work. e. Do not perform any duties of the Contractor. E. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: a. Access to the Work. b. Incidental labor and facilities necessary to facilitate tests and inspections. c. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. d. Facilities for storage and field curing of test samples. e. Additional associated services required of the Contractor for testing access are listed in the specification Sections. f. Delivery of samples to testing agencies. g. Preliminary design mix proposed for use for material mixes that require control by testing agency. h. Security and protection for samples and for testing and inspecting equipment at Project site. Two Tank Coating Project 01400-3 November, 2013 F. Coordination: Coordinate sequence of activities to accommodate required quality assurance and quality control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. a. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction, and restore substrates and finishes. a. Provide materials and comply with installation requirements specified in other Sections of these Specifications. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. B. Protect construction exposed by or for quality control service activities. C. Repair and protection are the Contractor's responsibility, regardless of the assignment of responsibility for quality control services. END OF SECTION Two Tank Coating Project 014004 November, 2013 i SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Condition of the Contract for Construction. Supplement Conditions and Division 1— General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, telephone service, water, and sanitary facilities. B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities: Access roads, parking, progress cleaning, project signage, and temporary buildings. 1.3 RELATED SECTIONS A. Section 01700 — Contract Closeout Requirements: Final Cleaning 1.4 TEMPORARY HEAT A. Provide and pay for heat devices and heat as required to maintain specified conditions for construction operations, as applicable. B. The Contractor will pay cost of energy used. Enclose building prior to activating temporary heat in accordance with Article 1.14 — Exterior Enclosures, in this Section, and exercise measures to conserve energy. 1.5 TEMPORARY VENTILATION A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. All lead abatement ventilation must conform to the rules and regulation established in Section 09900. 1.6 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service to field office or field superintendent at time of project mobilization. 1.7 TEMPORARY WATER SERVICE A. Provide, maintain, and pay for suitable quality water service required for construction operations. B. Exercise measures to conserve water. Two Tank Coating Project 01500-1 November, 2013 1.8 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 1.9 BARRIERS AND TEMPORARY FENCING A. Provide protection for plant life designated to remain out sided the area of work. B. Protect vehicular traffic, stored materials, site, and structures from damage as needed. C. The Contractor shall be responsible for ensuring site security and site protection which includes the storage all materials behind a secured site. D. Provide signs on all sides of the site refer to Section09900 "Lead Removal" section 1.4 "Removal and Disposal" subsection H.1 for sign layout and language that must be included at the Contractor's expense. E. Mountain Bike & Pedestrian Signage a. Provide removable warning sign assemblies for bike and running trail mounted to standard traffic barricades meeting TMUTCD specifications. b. Post signs at locations as directed by Engineer. c. Bike and running trails will be closed to the public during work hours on days when exterior SEWRP Ground Storage Tank blasting and coating operations are expected to be active. d. Contractor is responsible for setting barricades and signs at the entrances of the bike and running trails at the beginning of each work day when blasting or coating is expected, removing the barricades and signs after work hours so that the public can continue to use trail outside of work hours and on weekends. 1.10 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion during site work. 1.11 EXTERIOR ENCLOSURES A. Provide temporary insulated weather -tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. B. Provide access doors with self -closing hardware and locks. 1.12 PROTECTION OF INSTALLED WORK Two Tank Coating Project 01500-2 November, 2013 i t i_ A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. 1.13 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.14 PROGRESS CLEANING A. Maintain areas free of water, materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose of legally at intervals as required to maintain clean site. 1.15 PROJECT IDENTIFICATION A. Project sign is required. B. A project sign shall be placed at the site entrances and exits, construction prominently, displaying the City of Lubbock logo, project name, contractor name, dates of beginning and ending of construction, and the term. C. Contractor shall be responsible for providing a sign at the Contractor's expense. D. Contractor shall supply necessary tools, equipment, and labor to erect sign at Contractor's expense. E. Contractor shall be responsible for removal and proper disposal of sign upon final completion. 1.16 FIELD OFFICES AND SHEDS A. Office: Weather -tight, with lighting, electrical outlets, heating, cooling and ventilating equipment, and equipped with sturdy furniture drawing rack and drawing display table. 1.17 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS. A. Remove temporary above grade or buried utilities, equipment, facilities, and materials as soon as permanent facilities can be utilized. B. Remove underground installations to a minimum depth of two (2) feet. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 — PRODUCTS Not used Two Tank Coating Project 01500-3 November, 2013 PART 3 — EXECUTION Not used END OF SECTION Two Tank Coating Project 01500-4 November, 2013 SECTION 01700 CONTRACT CLOSEOUT PART 1— GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division 1— General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures B. Final cleaning C. Adjusting D. Project record documents E. Operations and maintenance data F. Warranties G. Spare parts and maintenance materials. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. a. Should the Engineer consider the work incomplete or defective: i. The Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. ii. The Contractor shall take immediate steps to remedy the stated deficiencies and submit a second written certification that the work is complete. iii. The Engineer will re -inspect the Work. B. Provide submittals to the Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. D. Submit a memo stating that all subcontractors, supplies, affidavits, and etc. have been paid. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. C. Repair, patch, and touch-up marred surfaces to match adjacent finishes. Two Tank Coating Project 01700-1 November, 2013 1.5 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work a. Contract Drawings b. Specifications c. Addenda d. Change Orders and other Modifications to the Contract e. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: a. Manufacturer's name and product model and number. b. Product substitutions or alternates utilized. c. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: a. Appurtenances referenced to permanent surface improvements. b. Field changes of dimension and detail. c. Details not on original Contract Drawings. d. Changes made by Addenda and Modifications. F. Submit two (2) copies to the Engineer with claim for final Application for Payment. 1.7 WARRANTIES A. Contractor shall provide a written warranty guaranteeing his work for one (1) year prior starting after final completion. B. Provide duplicate notarized copies. C. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. D. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. E. Submit prior to final Application for Payment. F. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. Two Tank Coating Project 01700-2 November, 2013 J 1.8 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used Two Tank Coating Project END OF SECTION 01700-3 November, 2013 SECTION 09900 REMOVAL AND DISPOSAL OF LEAD PAINT PART I - GENERAL 1.1 1.2 1.3 SCOPE A. The Contractor shall be responsible for furnishing all supervision, labor, supplies, safety and monitoring devices, materials, tools and equipment necessary to handle, remove and contain existing potentially existing hazardous waste material. Lead -based paint and tank residue shall be the responsibility of the contractor to remove from the site and exposed of at an approved EPA landfill or recycling plant. B. It shall be the responsibility of the contractor to provide and prepare all necessary permits and notifications required as specified herein. C. This specification covers the requirements for worker protection, environmental protection and handling of debris generated when removing lead based painting, and it will be the responsibility of the Contractor to implement and maintain programs and procedures which comply with all federal , state, local laws, OSHA, and EPA standards and regulations whether referenced herein or not. RELATED SECTIONS A. Section 01010 - Summary of Work B. Section 01300 —Submittals. C. Section 09905- Coating and Painting Specification for Rehabilitating Steel Water Tank REFERENCE SPECIFICATIONS AND STANDARDS A. Code of Regulations (CFR): 1. AS29 CFR 1910.134 2. 29 CFR 1910.1025 3. 29 CFR 1910.94 4. 29 CFR 1910.145 5. 29. CFR1910.146 6. 29 CFR 1926 7. 29 CFR 1926.33 8. 29 CFR 1926.51 9. 29 CFR 1926.59 10. 29 CFR 1926.62 11. 29 CFR 1926.103 12. 29 CFR 1926.451 13. 29 CFR 1926.501-503 14. 40 CFR, Part 50 15. 40 CFR 60 Respiratory Protection Lead, General Industry Ventilation Specifications for Accident Prevention Signs &Tags Permit Required Confined Spaces Safety and Health Regulation for Construction Access to Employee Exposure and Medical Records Sanitation Hazard Communication Lead Respiratory Protection Scaffolding Fall Protection National Ambient Air Quality Standards of Performance for new Stationary Sources Two Tank Coating Project 09900 - 1 November, 2013 16. 40 CFR 117 Determinations of Reportable Quantities for Hazardous Substances. 17. 40 CFR 261 Identification and Listing of Hazardous Waste 18. 40 CFR 262 Standards Applicable to Generators of Hazardous Waste 19. 40 CFR 263 Standards Applicable to Transports of Hazardous Waste 20. 40 CFR 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. 21. 40 CFR 265 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. 22. 40 CFR 268 Land Disposal Restrictions. 23. 40 CFR 302 Designation Reportable Quantities and Notification. B. American National Standards Institute (ANSI) Publications: 1. Z88.2.80 Practice for respiratory Protection C. U.S. Department of Labor, Occupation, safety, and Health Administration (OSHA) 1. Publications 3126 Working with lead in Construction Industry D. National Institute for Occupational Health and Safety, NIOSH Method 7082- Lead E. American Society for Testing and Materials, ASTM D3335, - Test Method for low Concentrations for Lead, Calcium, and Cobalt in paint by Atomic Absorption Spectroscopy. F. EPA ( Environmental Protection Agency) Publications: 1. SW-846 Test Methods for evaluation Solid Waste- Physical and Chemical Methods 2. EPA Method 3050 Acid Digestion of Sediments, Sludge's and Soils. 3. EPA Method 6010 Inductively coupled plasma Atomic Emission Spectroscopy. G. Steel Structures Painting Council. 1. SSPC-Guide 6 Guide for Containing Debris Generated during Paint Removal. 2. SSPC-Guide 7 Guide for the Disposal of Lead -Contaminated Surface Preparation 3. SSPC-Guide 94-18 Industrial Lead Paint Removal Handbook, Volume 2 H. Texas Commission on Environmental Quality(TCEQ) 1. 31 TAC Chapter 101 General Rules 2. 31 TAC Chapter 111 Control of Air Pollution from Visible Emissions and Particulate Mater 3. 31 TAC Chapter 330 Municipal Solid Waste 4. 31 TAC Chapter 335 Industrial Solid Waste and Municipal Hazardous Waste. 1.4 REMOVAL AND DISPOSAL A. Definitions: 1. Area Monitoring: Sampling of lead concentrations within the lead control area and outside the lead control area which is representative of the airborne lead concentrations which may reach the breathing zone of personnel potentially exposed to lead. 2. Lead: means the metallic lead, inorganic lead compounds, and organic lead soaps. According the TCEQ Standard 31 TAC 111.135 Emissions from water storage tanks which have lead in concentrations of one percent (1 %) or greater by weight in the coating is consider hazardous waste. 3. Lead Control Area: An area where lead containing paint removal operations are preformed which is isolated by physical boundaries to prevent unauthorized entry of personnel, and where lead -in - Two Tank Coating Project 09900 - 2 November, 2013 air measurements are taken at the boundary for monitoring of compliance with environmental regulations. Barriers to prevent the spread of lad dust, paint chips, or debris may be located at or within the boundaries of the lead control area. 4. Lead Permissible Exposure Limit (PEL): The limit is 50 micrograms per cubic meter of air as an 8 hour time weighted average as determined by 29 CFR 1910.1025. 5. Lead Containing Paint: A paint is classified as lead -containing if it contains 600 ppm of lead or greater. Containment is required if the paint is contains 1.0% or greater lead. UJ 6. Action Level: Employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 30 micrograms per cubic meter or air averaged over an 9 hour period. High Efficiency Particulate Air (HEPA) Filter Equipment: HEPA filtered vacuuming equipment with a UL 586 filter system capable of collection and retaining lead containing paint dust. 8. Personal Monitoring: Sampling of lead concentrations within the breathing zone of an employee to determine the 8 hour time weighted average concentration in accordance with 29 CFR 1910.1025. The samples shall be representative of the employee's work tasks. The breathing zone shall be considered an area within 12 inches of the nose or mouth of an employee. 9. E-hour Time Weighted Average (TWA): The 8 hour TWA is the airborne concentration of lead averaged over an 8 hour workday to which an employee is exposed. 10. Hazardous Waste: Paint debris will be classified as hazardous if, after testing by the Toxicity Characteristic Leaching Procedure (TCLP) the leachate contains any of the listed metals in concentrations greater than that listed below: i. Chromium -5 mg/l ii. Lead - 5 mg/1 Other elements and characteristics can cause a waste to be hazardous as defined in 40 CFR 261 ' and must be taken into consideration. All TCLP value testing necessary for licensed landfill disposal shall be provided by the Contractor and results copied to the Project Manager prior to removing any material from site. Lead levels having a TCLP value between 1.5 and < 5 mg/1 are classified as Class 1, non -hazardous waste by TCEQ and require special handling and documentation procedures. Regardless of the TLCP results a TCEQ Form 0152 "Request for Authorization for Disposal of Special Waste" will be required to be completed before removing waste from the site. A TCEQ form 0757 " One -Time shipment request for Texas waste code for shipment of Class 1,2,3 and EPA hazardous waste" can be competed for one time shipments of j waste. In proceeding with these methods a temporary EPA number and solid waste registration number is assigned by TCEQ. It will be the responsibility of the Contractor to determine if the 1- landfills have the proper lining system to dispose of Hazardous waste, and find a proper disposal site. The contractor must submit a disposal site prior to removing any lead based paint. Costs �...j for lawfully disposing of any Hazardous Waste resulting from the work performed on this project will be the responsibility of the Contractor. i 11. Containment and Ventilation Systems: Includes the containment structure, ventilation system, and dust collection. When self contained vacuum blasters are used this term refers to the complete vacuum blasting system including debris collection, sealing systems and paint removal systems. Two Tank Coating Project 09900 - 3 November, 2013 _] B. DESCRIPTION OF WORK: 1. The work covered by this section included procedures and equipment required to remove the lead containing paint of protective coatings and to limit occupational and environmental exposure to lead when lead containing paint is removed. The work includes the disposal of the removed paint chips, abrasive media and associated waste. Perform work in accordance to with 29 CFR1910.1025 and the requirements specified herein. C. WASTE DISPOSAL: Waste materials and debris resulting from paint removal work shall be disposed by the Contractor. Following all TCEQ and EPA rules and regulations. D. PROTECTION OF EXTENSION WORK TO REMAIN: 1. Perform paint removal work without damage or contamination of adjacent areas. Where such work is damaged or contaminated, restore work to original condition or better. E. RESPIRATORY PROTECTION PROGRAM: The Contractor shall establish and implement a respiratory protection program as required by ANSI Z88.2, 29 CFR1910.134, and 29 CFR 1910.1025. F. MONITORING: 1. The Contractor shall measure and control lead dust outside of initial containment site but within the project site to less than 30ug/MA3 (micrograins/cubic meter) at all times. In addition, the controlled work area within the project site shall meet this criterion prior to release for unrestricted access. G. SAFETY AND HEALTH COMPLIANCE: In addition to the detailed requirements of this specification, the Contractors shall comply with all laws, ordinances, rules, and regulations of federal, state, and local authorities regarding handling, storing, and transporting, and disposing of lead waste materials. H. SIGNS: 1. The Contractor shall post the following warning sign in each work area where the lead permissible exposure limit is exceeded for airborne lead: WARNING LEAD WORK AREA "POISON" NO SMOKING OR EATING City of Lubbock, Painting Steel Tanks (Note: This legend shall be readily visible) Two Tank Coating Project 09900 - 4 November, 2013 1.5 REQUIRED SUBMITTALS The Contractors shall submit to the Project Manager the following for prior to commencing any paint removal work. A. Removal, Containment, and Ventilation Plan: The Contractor shall provide a written plan for the methods to be employed for surface preparation, containment, ventilation, and collection of debris. The system established by the Contractor shall recognize the load bearing capacity and integrity of the structure to be painted. The ventilation and containment plan shall be designed and sealed by a Texas licensed professional engineer. At a minimum the submittal shall contain the following information: a. Calculated flow rates for the system(s) necessary to comply with the standards of SSPC — Guide 6, for Class 1 containment. b. Equipment cut sheets clearly indicating their adequacy relevant to the Contractor's proposed containment and ventilation plan. c. A statement that the system(s) do indeed meet the standards of SSPC Guide 6 for Class 1 containment. d. Provide a detailed structural analysis for the containment and/or paint removal equipment clearly illustrating live/dead loads and their effects on the structural integrity of the tanks. Include any and all temporary supports that will fasten to the structure in the report showing the effects of the support system. e. Contractors that are proposing steel surface cleaners that attach to the tank shall be included in the structure analysis and a report that will either confirm or deny the loading on the tank is acceptable. f. Any analysis requiring calculations shall be sealed by a Texas licensed professional engineer. B. Protection Programs: The Contractor shall submit the testing and evaluation program that will be used to conform that the work and environment does not violate federal, state, and local regulations. All protection programs shall be designed and sealed by a Texas licensed professional engineer. At a minimum the submittal shall conation the following information: a. Regulated Areas using Area monitor: The Contractor shall submit a plan that will identify all the areas that will be regulated area. b. Worker Protection Program: The Contractor shall submit a plan that conforms to 29 CFR 1926.62 for worker protection program. c. Handling and Site Storage: The Contractor shall submit a plan that will address the handling and site storage of hazardous waste conforming to 40 CFR 262 and 40 CFR 265. The Contractor will be responsible for obtaining and EPA identification number as necessary, if paint debris is found to be hazardous. An EPA identification number may not be necessary if TCEQ form 0757 " One - Two Tank Coating Project 09900 - 5 November, 2013 Time shipment request for Texas waste code for shipment of Class 1,2,3 and EPA hazardous waste" is acceptable. d. Transportation: Written confirmation that the debris will be transported according with the requirements of 40 CFR 263, including the name, physical address, and license number of the transporter. e. Disposal: Written confirmation that the debris will be treated and disposed of in according with 40 CFR 264 and 40 CFR 268. This program shall provided assurance that the debris is handled properly from production of waste to final disposal. The Contractor shall provided the name, address, phone number, and license number of the hazardous waste treatment facility and for the licensed solid waste landfill that will be receiving the waste product for final disposal. f. Clearance Testing: The contractor shall provide documentation of containments, structures, equipment, and reusable items during construction and prior to removal from the project site, or if the proper testing and disposal of the materials, if decantation is not possible or desirable. g. Reportable Releases: CERCLA release, the Contractor shall submit a plan for reportable release in accordance with 40 CFR 300 and 302. h. Air Monitoring: The Contractor shall be responsible for providing a written program for providing perimeter personal air monitoring, testing, and reporting. All laboratory performing test on sensors and any other testing shall be submitted at the cost of the Contractor and the test results will be sent to the Owners Representative upon completion for project compliance. 1.6 QUALITY ASSURANCE A. General: Quality assurance procedures and practices shall be utilized to monitor all phases of surface preparation, application and inspection throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and accepted professional standards and are approved by the Project Manager with direction from the Owner's Representative. B. Surface Preparation: Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Structures: SSPC-VIS 1-89 and ASTM Designation D2200, "Standards Methods of Evaluation Degree of Rusting on Painting Steel Surfaces" SSPC-VIS 2 and ASTM Designation D610; "Visual Standard for Surfaces of New Steel Airblast Cleaned with Sand Abrasive". C. Application: No coating shall be applied when the surrounding air temperature or the temperature of the surface to be coated or painted is below the minimum surface temperature for the products specified herein; or in rain, snow, fog or mist; when the temperature is less than 5°F above the dew point; when the air temperature is expected to drop below 40°F within six hours after application of coating. Dew point shall be measured by use of an instrument such as a Sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables. If the above conditions are prevalent, coating or painting shall be delayed or postponed until conditions are favorable. The day's coating or painting shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. Two Tank Coating Project 09900 - 6 November, 2013 D. Thickness and Holiday Checking: Thickness of coatings and paint shall be checked with a non-destructive, magnetic -type thickness gauge. Destructive testing will not be allowed. The integrity of coated surfaces shall be checked with an approved inspection device. Non- destructive holiday shall not exceed 67 1/2 volts nor shall destructive holiday detectors exceed the voltage recommended by the manufacturer of the coating system. For thickness between 10 and 20 mils (250 microns and 500 microns) a non-sudsing type wetting agent, such as Kodak Photo -Flow, shall be marked, repaired in accordance with the manufacturer's printed recommendations and re -tests. No pinholes or other irregularities will be permitted in the final coating. E. Inspection Devices: The Contractor shall furnish, until final acceptance of coating and painting, inspection devices in good working condition for detection of holidays and measurement of dry film thickness of coating and paint. The Contractor shall also furnish U.S. Department of Commerce; National Bureau of Standards certified thickness calibration plates to test accuracy of dry film thickness gauges and certified instrumentation to test accuracy of holiday detectors. Dry film thickness gauges and holiday detectors shall be made available for the Owner's Representative or his appointed use at all times until final acceptance of application. Holiday detection devices shall be operated in the presence of the Project Engineer. F. Inspection: Inspection for this project shall consist of `hold point' inspections. The Engineer or his representative shall inspect the surface prior to abrasive blasting, after abrasive blasting but prior to application of coating materials, and between subsequent coats of material. Final inspection shall take place after all coatings are applied, but prior to placing the tank in service. Contractor will insure that sufficient rigging is in place so that the Project Engineer or his representative shall be able to conduct the required inspections. G. Warranty Inspection: Warranty inspection shall be conducted during the eleventh month following completion of all coating and painting work. All defective work shall be repaired in accordance with this specification and to the satisfaction of the Project Engineer. 1.7 SAFETY AND HEALTH REQUIREMENTS A. General: In accordance with requirements set forth by regulatory agencies applicable to the construction industry and manufacturer's printed instructions and appropriate technical bulletins and manuals, the Contractor shall provide and require use of personal protective lifesaving equipment for persons working on or about the project site. B. Head and Face Protection and Respiratory Devices: Equipment shall include protective helmets which shall be worn by all persons while in the vicinity of the work. C. Ventilation: Where ventilation is used to control hazardous exposure, all equipment shall be explosion -proof. Ventilation shall reduce the concentration of air contaminants to the degree a hazard does not exist. Air circulation and exhausting of solvent vapors shall be continued until coatings have fully cured. D. Sound Levels: Whenever the occupational noise exposure exceeds maximum allowable sound levels, the Contractor shall provide and require the use of approved ear protective devices. E� Two Tank Coating Project 09900 - 7 November, 2013 1 E. Illumination: Adequate illumination shall be provided while work is in progress, including explosion -proof lights and electrical equipment. Conform with all applicable rules and regulations from OSHA. Whenever required by the Project Engineer, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The Project Engineer shall determine the level of illumination for inspection purposes. F. Temporary Ladders and Scaffolding: The Contractor shall conform to all Federal, State, and local rules and safety requirements pertaining to temporary ladders and scaffolding. Erect where requested by the Project Engineer to facilitate inspection and move by the Contractor to locations requested by the Project Engineer. PART 2 - MATERIALS 2.1 ABRASIVE BLASTING A. Abrasive blasting material of either metallic grits or sands are allowed but must be fracture, no spherical shot grit will be allowed. Cleaning shall be preformed to the degree specified and in accordance with the Steel Structures Painting Council Surface Preparation Specification for cleaning. B. The selection of abrasive size and type shall be based on the type, grade, and surface conditions of the steel to be cleaned. The blast cleaning abrasive shall be dry and free from oil, grease, and other harmful materials that could affect the boding of the coating system. 2.2 ABRASIVE ADDITIVES AND PRE -BLAST APPLICATIONS A. Use of any of the listed products does not relieve the Contractor from the proper disposal of waste generated regardless of whether the waste is found to be hazardous or not. It will be the responsibility of the Contractor to provide a safe and clean construction site at all times. B. Rust inhibitors may be used provided they are compatible with the primer. The Contractor shall submit information for any inhibitor that will be used on the project to the Owners Representative for review and approval. The submittal shall include documentation from the paint supplier ant the product will not reduce the performance of the coating system specified herein. C. The TDJ Group, Inc products Blastox which, when added to abrasive at the appropriate percent by weight and properly mixed, may render the spent abrasives and paint, of a lead paint coating, debris non -hazardous. D. NexTec, Inc. produces PreTox 2000 which, when applied at the appropriate mil thickness to lead based paint contains prior to removal operations, may render the spent abrasive and paint debris non -hazardous. E. Hoffer's Inc, coating division produces Envrio-Prep which, when applied at the appropriate mil thickness to lead based paint coatings prior to removal operations, may render the spent abrasives and paint debris non -hazardous. I Two Tank Coating Project 09900 - 8 November, 2013 2.3 CHEMICAL REMOVAL A. Existing substrate profile is unknown and may requires additional preparation before application of the primer. Prior to beginning chemical removal a fifty (50) square foot area will be used as a test patch. Results will be reviewed jointly by the Owners Representative, Contractor, Inspector, and Owner to establish required adjustments before proceeding. The Contractor shall be required to produce the specified level of surface preparation indication in section 09905- Coating and Paint specifications for Rehabilitating steel water tanks structures regardless of chemical cleaning results. 2.4 CONTAINMENT SYSTEM/VENTILATION/DUST COLLECTION A. When paint removal is being performed, on the exterior of the tank, the Contractor shall provide a - containment system and ventilation system that conforms with SSPC-Guide 6, publication No. 97-21, as follows: ' a. Abrasive blast cleaning -Class IA. b. Water blasting/water jetting -Class 1W. c. Chemical Stripping- Class 1C.Retention B. Shrouds shall comply with the minimum requirements of TCEQ, Chapter 111 and that of SSPC-Guide 6 except as modified herein. The shroud shall have overlapping seams to prevent leakage of particulates, shall be hooded and shall have a shade factor of 95% or a control factor of 95% of particles, 100 grit or greater. A shade factor is defined as the percent of area impermeable to particles or sunlight. The stricter requirement at SSPC-Guide 6 or TCEQ shall be utilized. C. Containment system(s) shall be designed to be capable of withstanding wind gusts that pertain to this area, when fully deployed, without damage to the tank or shroud. D. Impermeable ground covers with joints and seals impermeable will be placed in all areas where hazardous waste is collected, contained and/or stored. E. Minimize containment support which attach to the tank and repair any damage done to tank including cleaning and repainting on the tank interior. All supports attached to the tank shall be removable. Areas where supports are removed shall be blasted and painted as specified for the tank; any damage done during the application of the contairunent system will be at the expense of the contractor for repairs. F. Design of containment systems must not adversely affect the structured integrity of the tank. G. A sufficient factor of safety shall be used in the design of all containment systems as they relate to the effects on the tank and shall account for the highly variable climatological conditions in the region. Scaffolding, if used, shall conform to 29 CFR 1926.451 including requirements for cables and platforms. H. Weather days will not be allowed for episodes of wind that do not produce frequent wind gusts equal to or greater than that specified for the design requirement of the shrouding system. Two Tank Coating Project 09900 - 9 November, 2013 I. Provide and pay for a ventilation and dust collection filtration system conforming with the requirements of 29 CFR 1910 and 1926 -OSHA rules and regulations. The ventilation and dust collection system shall be sized commensurate with the containment system to produce the necessary air flow and air changes per hour to comply with stated regulations and performance criteria sighted herein. Dust collection/ventilation equipment used for the interior of the tank shall produce a minimum of three (3) air changes per hour. A sufficient enough number of air changes shall be designed into the system(s) to adequately clean the air allowing good visibility from anywhere inside the tank. Air horns and dust socks are unacceptable methods of dust collection for either the exterior or interior of the tank. All air filters used in dust collectors for use during removal of lead -based paint will use HEPA filters which will be changed or cleaned daily unless operations require more frequent changing. Top exterior surfaces with angles from vertical of 20 degrees or more will require a cross draft of 100 fpm. The area requiring the cross draft is from the point of blasting to a point where the surface is more than 19 degrees from vertical. Contractor will provide instrumentation to verify cross draft velocity. K. Contractor shall take necessary steps (i.e. cover anode hand holes, hatch, vent, etc.) to minimize contamination of the tank interior during removal of lead -based paint. 2.5 VACUUM ASSISTED MECHANICAL BLAST UNITS A. Vacuum blasters shall use steel grit or other approved abrasive to produce the profile and tooth pattern specified for the steel surface to adhere to the proposed coating system. Spherical shaped shot is unacceptable. The Contractor shall submit blasting material prior to starting construction for approval by the Owners Representative. The vacuum blasters shall be equipped with a fully contained blast mouth ratio produce a consistent degree of removal and a dust free process. The used of vacuum blaster shall not relieve the Contractor of the requirements of the specifications. Requirements for visible emissions and safeguards to reduce possible contamination shall be exercised at all times. PART 3 - EXECUTION 3.1 PAINT REMOVAL A. All exterior paint material shall be removed by wet abrasive blasting, vacuum blasting or chemical stripping in an approved emissions control containment system. B. The interior may be dry abrasive blasted, regardless of lead content, provided visible emissions are controlled to meet the requirements of TCEQ, Chapter 111. An approved dust collector shall be in operation at any time blasting is being done and shall continue to run after blasting has been discontinued until the air has cleared sufficiently to allow non -aided breathing, i.e. fresh air hood, dusk mask, etc. C. All paint chips, water, spent blast media, and debris removed from the tank shall be contained and recovered for lawful disposal. - Two Tank Coating Project 09900 - 10 November, 2013 a D. Compressed air used for dry abrasive blasting shall be clean, oil free, and dry. Moisture separators, oil separators, traps and/or other equipment shall be used as necessary to achieve air of superior quality 3.2 CRITERIA FOR EXTERIOR CONTAINMENT SYSTEMS A. The Contractor shall thoroughly examine the structure to be contained to verify its ability to support the containment system including the wind loads that can be impacted by such a system on the tank. Containment drawings shall be submitted for Engineer review. Vacuum blasting ri obviously will preclude some of the following requirements. However, the general intent of the specifications shall be sustained. rl B. It shall be the Contractors sole responsibility to operate, position and maintain the containment system. Containment shall not be lowered until the contained volume, after clean up, has cycled through five (5) air changes. Vacuum blasters shall not be removed until a sufficient amount of time has elapsed to clear the hose and the mouth of the machine of paint debris. C. During the tank surface preparation, materials may accumulate at the tank base. Contractor shall contain all materials collected at the tank base including any spent media used to remove the paint. Construction of containment berms are allowed, if necessary. The berms shall be located as close to the tank base area as possible with no berms being constructed on any paved areas surrounding the tank. Regardless of whether berms are utilized all containment shrouding material on or within two (2) feet of the ground will be impermeable. All joints and seams of ground containment shall also be impermeable. D. The Contractor shall design a containment system for the work area that is appropriate for the Class specified relative to the method of removal. The containment shall control environmental emissions, and control the working environment within the containment according to the criteria specified. 3.3 DECONTAMINATION AREA A. The entrance to the shrouded area will also be used as the exit. A decontamination area will be designated for workers exiting the shrouded area. The decontamination area must adjoin the shrouded area. I I B. Workers will be required to remove as much as possible all lead containing dust from outer clothing in the decontamination area before they are allowed to exit the shrouded area. All the dust collected in the decontamination area will be properly disposed of along with the rest of the waste generated on this project. A decontamination trailer with changing area and showers for all workers entering the regulated area will be provided by the Contractor should the Contractor deem it necessary. 3.4 CONTROLS OF EMISSIONS A. Ambient Air Quality for Particulate Matter (40 CFR 50) will not be monitored. Imperial monitoring of both particulate matter and total suspended particulate (TSP) for lead have verified that if TSP for lead exceeds the requirements, then particulate matter requirements will Two Tank Coating Project 09900 - 11 November, 2013 1-1 also be exceeded. This fact shall be used in the analysis of TSP air monitoring as it applies to this project. B. Ambient Air -Quality - Visible Emissions: a. Unacceptable visible emissions shall be cause for project shut down until corrections to the containment are made. Contractor will not receive additional contract time or compensation if the project is shut down due to emissions. b. Project will remain shutdown until reason for emission is determined and corrective actions are taken. c. Visible emissions shall be determined in accordance with SSPC-Guide 6 (97), Method A, General Surveillance and shall not exceed Level 2 Emissions. Level 2 Emissions are defined as random emissions of a cumulative duration of no more than 5% of the work day (e.g., 24 minutes in an eight -hour work day). The Owner's Engineer or his representative shall determine if visible emissions are exceeded and his decision will be final. d. A weekly report noting time and date of all visual emissions in excess of Level 2, during the past week with cause and remedy noted will be provided to Engineer. Repeated visual emissions violation with the same cause will require adjustment in Contractor operation. e. Regardless of the method used to control emissions, no discharge from any source whatsoever, in such concentration and of such duration as are or may tend to be injurious to or adversely affect human health or welfare, animal life, vegetation, bodies of water or property are permitted. C. Ambient Air Quality - Lead Emissions: a. Emissions of lead shall be assessed by Ambient Air Quality for TSP Lead by the Contractor. b. Emissions of lead in excess of 4.3 Fg/m3 for work days where blasting time does not exceed 10 hours is considered failing. Monitoring for this level shall be accomplished personal air monitors in accordance with 40 CFR 50. Due to time delay in receiving test results for TSP monitors, the following procedure will be followed if a failing test is reported. 1. After Owner receives a failing test report, all lead removal operations will be halted until an additional report is received. 2. Contractor can begin lead removal operations provided the next report is passing. If the next report fails, Contractor will make the necessary changes to containment prior to beginning lead removal operations. 3. Until such time as Contractor receives a passing report, lead removal operation will proceed with one day of blasting then wait for test results. 4. Failing reports for four (4) consecutive days during lead removal on the tank will result in a reduction of payment for contaimnent as listed in the schedule of values of 5 percent for each occurrence. 5. The reduction in payment is a penalty for not performing the work required of these specifications and does not constitute payment for damages. Any delays in Two Tank Coating Project 9900 - 12 November, 2013 Contractor's progress due to failing TSP requirements will not be cause for additional time or compensation. C. Three days of baseline monitoring shall be taken prior to project lead removal operations start-up to determine pre-existing conditions. If baseline monitoring has lead concentrations greater than 2.8 Fg/m3 then the maximum allowable lead is 1.5 Fg/m3 above the baseline level instead of the 4.3 Fg/m3 listed in part b. above. d. Monitors will be operated during the entire work day when any lead removal operations (blasting, blow down, clean up, handling of waste debris, etc.) occur. Should test results on paint debris samples indicate the waste is non -hazardous, monitoring during handling will not be required. D. Ambient Air Quality - Area Monitoring to Establish Regulated Areas: a. The Contractor shall establish a regulated area surrounding activities where lead exposures could exceed the OSHA Action Level for lead and chromium. This includes the paint removal area, dust collection equipment, abrasive recycling equipment, and any locations where potentially hazardous lead -containing debris is handled or transferred to storage containers. b. The regulated area shall be demarcated by ropes, tape, walls, or other similar means, and the contractor shall control access to only those persons properly trained and protected when lead removal activities are in progress. C. Contractor shall install personal air monitoring samplers at locations around the Contractor demarcated regulated area to monitor area emissions for lead. If any of the results from periodical monitoring around the regulated area are above the action level, the regulated are will be enlarged and emission control devices modified. E. Soil Quality: a. The Contractor shall not contaminate the soil with lead. Samples of the soil shall be removed and tested for total lead content by the Owner at specific locations determined by Owner and Engineer. Soil samples shall be taken as described under PD/LEAD Method SI in reference 1.2.5,c. b. Laboratory analysis shall be conducted in accordance with EPA Method 3050, Method 6010 or approved equivalent. c. The Contractor shall return the soil to back ground levels by methods acceptable to the Owner and/or applicable regulatory authority, if the analysis upon project completion shows an increase in soil lead levels. d. Soil samples in the near field will be considered having increased lead levels if the geometric mean pre -project concentration increases above the post project concentration when compared by the paired student T-test at the 95 percent confidence level. Engineer will determine whether increased lead levels exist. Should tests performed by the Owner indicate areas of elevated lead, Contractor at his own cost, will conduct additional testing Two Tank Coating Project 09900 -13 November, 2013 through the same firm used by the Owner, to establish the extent and limits of contamination. e. A soil sample in the far field will be considered increased if the post -project concentration is greater than or equal to 100 parts per million (ppm) above the pre -project concentration. Typically, if TSP air monitoring near the far field soil samples indicates no elevated lead concentrations, no post project soil sample will be taken near the appropriate air monitor. Post blast testing is entirely at the discretion of the Engineer. f. Regardless of the method listed above to review soil samples for elevated concentrations, if any hazardous materials are spilled directly onto the soil it will require cleaning. Contractor will have to clean up the spill to the satisfaction of the Owner and will be required to provide test results documenting soil lead levels are below 400 ppm regardless of initial concentration. g. All clean up shall be at Contractor's expense. F. Water/Sediment Quality: a. The Contractor shall prohibit the release of hazardous or non -hazardous lead into bodies of water or storm sewers. Work shall be halted if spills or emissions are observed entering into bodies of water, or found in areas where storm water run-off could carry the debris into bodies of water or storm sewers. b. The Contractor is advised that discharges of lead into the water or in locations where it could be carried by rain water into storm sewers or bodies of water are strictly prohibited and shall be considered a violation of the Clean Water Act. c. The Contractor shall protect all drains. Paint debris shall not be allowed to enter into drainage or storm sewer systems. d. The Contractor will be solely responsible for all clean-up costs in the event of a spill. 3.5 CRITERIA FOR CONTROLS OVER WORKER PROTECTION A. OSHA requirements for the protection of workers shall be in accordance with 29 CFR 1926.62. B. A written program addressing compliance with each of the items below shall be provided. Analysis of personnel air monitoring filters shall be performed by an AIHA accredited laboratory for metals analysis. Blood lead testing shall be conducted by an OSHA approved laboratory. Note also that the requirements listed below are in addition to other OSHA safety and health requirements of the project. a. Action level Lead 30 Fg/m3 Chromium 250 Fg/m3 (Divalent, Trivalent) 25 Fg/m3 (Hexavalent) b. Permissible Exposure Limit: ---- Two Tank Coating Project 09900 - 14 November, 2013 rl"! Lead 50 Fg/m3 Chromium 500 Fg/m3 (Divalent, Trivalent) 50 Fg/m3 (Hexavalent) c. Protective work clothing and equipment must be provided by Contractor. d. Housekeeping will include a mandatory daily job site inspection by a contractor employed competent person. A copy of the job site inspection will be provided to the Owner. e. Hygiene facilities and practices will include daily showering when leaving the regulated area and provide handwashing facilities near any eating areas within the regulated area. f. Employee information and training will note the content of Chromium in the paint to be removed. g. Contractor will provide respirators approved by NIOSH for use in atmospheres containing lead dust to any employee requesting a respirator or at a minimum to all employees assumed exposed above the PEL (50 Fg/m3). Respirator fit tests and training must meet requirements of 29 CFR 1910.1025. h. Employee blood lead levels shall be conducted on all employees prior to participating in any lead removal operation on this project to establish a baseline blood lead level. At the completion of lead removal operations or prior to the transfer of an employee from this project conduct blood lead level checks to establish a post lead removal blood lead level. Submit baseline blood lead and post lead removal levels to Owner and Engineer for review. 3.6 SOLID WASTE HANDLING, DISPOSAL AND UN -AUTHORIZED RELEASES A. The Contractor is responsible for the handling and disposal of all waste on this project. Any testing required prior to disposal of materials other than spent abrasives and paint debris is the sole responsibility of the Contractor. A copy of all reports for this testing will be provided to Owner and Engineer. Contractor, through execution of this contract, is responsible for implementing the handling and disposal of hazardous waste and/or special waste (as defined by TCEQ) created on this project. B. Sampling and testing of debris will be the responsibility of the Contractor. After approximately 4 hours of blasting areas with lead based paints, twelve (12) random samples of blast debris will be collected. Four samples will be tested and an evaluation of the test results will be used to establish whether the generated waste is hazardous. Any additional testing, due to change in methods or other reasons, shall be at the Contractor's expense. r� a. Representative samples of the debris shall be selected in accordance with the requirements of SW846, and tested by TCLP in accordance with Appendix IIof 40 CFR 261. b. In the case of wet methods of preparation, the use of chemical strippers, or containerized hygiene water, all liquids and sludge shall be tested, including pH to determine corrosively, if appropriate. Two Tank Coating Project 09900 - 15 November, 2013 1-1 C. The Contractor is advised that no waste stabilization will be performed on the project site. Waste stabilization shall be performed by and at a Contractor, Owner and Engineer agreed upon permitted Storage, Treatment and Disposal (STD) facility. D. If the tests of the debris in paragraph 3.6.13 of this section show the waste to be hazardous, the following requirements shall apply. Until tested as described above, all waste generated during lead removal operations are assumed hazardous. a. Site Storage and Handling: 1. The contractor shall adhere to the requirements of 40 CFR 262 and 40 CFR 265 for the on -site handling of debris. 2. Special attention shall be given to the time of storage, amount of material stored at any one time, use of proper containers, personnel training, and the Contractor shall obtain an EPA identification number as necessary. 3. Paint debris shall not be placed on the unprotected ground and shall be shielded to prevent dispersion of the debris by wind or rain water. 4. The contractor shall provide preparedness, prevention, and contingency plans (PPCP) in accordance with 40 CFR 265 Subpart C and Subpart D for the steps to be taken in the event of an unplanned release or emergency. 5. Any evidence of improper storage shall be cause for immediate shut down of the project until corrective action is taken. 6. Contractor shall complete EPA form 8700-12, Notification of Regulated Waste Activity and file with EPA. Copy Engineer with said completed form. 7. Contractor shall complete all forms required by TCEQ and file with same. Copy Engineer with all correspondence including completed forms and permits. b. Transportation and Disposal of Debris: 1. The contractor shall arrange to have the debris transported from the site in accordance with the requirements of 40 CFR 263, and disposed of properly in accordance with 40 CFR 264 and 40 CFR 268. 2.Only licensed transporters and disposal facilities shall be used. Provide a list of the companies to be used for Owner approval in advance. 3. Signed manifests shall be returned to the Owner to verify that all steps of the handling and disposal process have been completed properly. 4. Provide name, address, phone number and license number of the final TCEQ approved solid waste landfill. E. The Contractor shall thoroughly vacuum, wash, or otherwise decontaminate containments, structures, equipment, and reusable items throughout the period of construction and prior to removal from the project site until such time as the waste is classified non -hazardous. Simply blowing down the potentially contaminated items will not be sufficient. Items include, but are not limited to, equipment, containment materials, ground covers, scaffolding, and change and shower facilities. If adequate cleaning is not possible, the materials shall be treated as waste and tested and disposed of properly at the expense of the Contractor. F. Reportable Releases: Two Tank Coating Project 09906 - 16 November, 2013 p a. CERCLA Release: The Contractor is advised that the discharge of 10 or more pounds of lead debris into the atmosphere, water, or soil within a 24-hour period is considered a reportable release in accordance with 40 CFR 300 and 40 CFR 302. 2. In the event of a spill requiring release notice, Contractor will also notify the Owner and Engineer, and follow the Preparedness, Prevention and Contingency Plan (PPCP). G. Non -hazardous Waste: All waste from the project classified as non -hazardous and which a Municipal Solid Waste Landfill will accept shall be disposed of there at the Contractor's expense. In any case, the Contractor shall dispose of the waste at a TCEQ licensed landfill. Transportation from tank site to Landfill is at Contractor's expense. Costs for disposal of all waste products shall be included in the bid item for solid waste disposal. END OF SECTION Two Tank Coating Project 09900 - 17 November, 2 13 H SECTION 09905 COATING AND PAINTING SPECIFICATION FOR REHABILITATING STEELWATER TANK STRUCTURES PART 1- GENERAL 1.1 SCOPE A. The work of this section includes the coating of all specified exterior surfaces of steel water storage tanks. 1.2 RELATED SECTIONS A. Section 01010 - Summary of Work. B. Section 01300 - Submittals. C. Section 01630 - Substitutions and Product Options. 1.3 REFERENCE SPECIFICATIONS AND STANDARDS A. Without limiting the general aspects of other requirements of these specifications, all surface Preparation, coating and painting of exterior surfaces shall conform to the applicable requirements of the Steel Structures Painting Council and the manufacturer's printed instructions. 1. ASTM (American Society for Testing and Materials) ASTM D 520 Standard Specification for Zinc Dust Pigment ASTM D 4417 Standard Test Methods for Field Measurement of Surface Profile of Blast Cleaned Steel ASTM E 337 Standard Practice Test Method for Measuring Humidity with a Psychrometer ASTM D2200 Standard Methods of Evaluating Degree of Rusting on Painted Surfaces 2. ANSI (American National Standards Institute) ANSI/ASC 29.4 Exhaust Systems Abrasive Blasting Operations — Ventilation and Safe Practice ANSI/NSF Standard 61 Drinking Water Components 3. AWWA (American Water Works Association) AWWA D 102 Coating Steel Water Storage Tanks 4. Consumer Product Safety Act, Part 1303 Two Tank Coating Project 09905 - 1 November, 2013 5. NACE International NACE Publication TPC2 Coatings and Linings for Immersion Service: Chapter 1 Safety, Chapter Surface Preparation, Chapter 3 Curing, and Chapter 4 Inspection NACE Standard RP0178 Standard Recommended Practice — Fabrication Details, Surface Finish Requirements and Proper Design Considerations for Tanks and Vessels to be Lined for Immersion Service NACE Standard RP0188 Standard Recommended Practice — Discontinuity (Holiday) Testing of Protective Coatings NACE Standard RP0287 Field Measurement of Surface Profile of Abrasive Blast -Cleaned Steel Surfaces Using a Replica Tape NACE Standard RP0288 Standard Recommended Practice, Inspection of Linings on Steel and Concrete 6. OSHA (Occupational Safety & Health Administration) 1915.35 Standards — 29 CFR — Painting 7. SSPC (Steel Structures Painting Council) SSPC-SP2 Hand Tool Cleaning SSPC-SP3 Power Tool Cleaning SSPC-PA-1 Shop, Field and Maintenance Painting SSPC-PA-2 Measurement of Dry Film Thickness with Magnetic Gages SSPC-PA-3 Guide to Safety in Paint Application SSPC-Guide 12 Guide for Illumination of Industrial Painting Project SSPC-VIS 1-89 Pictorial Surface Preparation Standards for Painting Steel Surfaces SSPC Paint Spec 36 Two Component Weatherable Aliphatic Polyurethane Topcoat, Performance -Based 8. SSPC/NACE Joint Standards SSPC-SP5/NACE 1 White Metal Blast Cleaning SSPC-SP6/NACE 3 Commercial Blast Cleaning SSPC-SP7/NACE 4 Brush -Off Blast Cleaning SSPC-SP I O/NACE 2 Near -White Metal Blast Cleaning The Owner's Engineer decision shall be final as the interpretation and/or conflict between any of the referenced specifications and standards contained herein. 1.4 SUBMITTALS A. In Submit according to Section 01300 - Submittals: Procedures for Submittals. Submit the following to the Engineer within 14 days of the Notice to Proceed. Two Tank Coating Project 09905 - 2 November, 2013 i r� Manufacturer's color charts. Submittals must be approved prior to application of the coating system. C. Requests for substitution shall be approved prior to the award of the bid & shall include manufacturer's literature for each product giving name, product number, gene type, descriptive information, solids by volume, recommended dry film thickness and certified lab test reports showing results to equal the performance criteria of the products specified herein. In addition, a list of five projects shall be submitted in which each product has been used and rendered satisfactory service by the Owner, and a written response will be provided by owner for any accepted substitution. 1.5 CONTRACTOR EXPERIENCE A. The Contractor shall provide a list of similar projects completed in the past three years in order to prove practical experience and successful history in the application of the specified product to surfaces of steel water tanks. Upon request, he shall substantiate this requirement by furnishing a list of references and job completions. B. The Contractor shall submit with his bid a written statement by the coatings manufacturer staring that the Contractor is familiar with the materials specified and has workers capable of performing the work specified herein. C. The personnel performing the work shall be knowledgeable and have the required experience and skill to adequately perform the work for this project, in accordance with SSPC-PAI, "Shop, Field and Maintenance Painting". 1.6 QUALITY ASSURANCE A. General: Quality assurance procedures and practices shall be utilized to monitor all phases of surface preparation, application and inspection throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and accepted professional standards and are approved by the Engineer. B. Surface Preparation: Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Structures: SSPC-VIS 1-89 and ASTM Designation D2200, "Standards Methods of Evaluation Degree of Rusting on Painting Steel Surfaces" SSPC-VIS 2 and ASTM Designation D610; "Visual Standard for Surfaces of New Steel Airblast Cleaned with Sand Abrasive". C. Application: No coating shall be applied when the surrounding air temperature or the temperature of the surface to be coated or painted is below the minimum surface temperature for the products specified herein; or in rain, snow, fog or mist; when the temperature is less than 5°F above the dew point; when the air temperature is expected to drop below 40°F within six hours after application of coating. Dew point shall be measured by use of an instrument such as a Sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables. If the above conditions are prevalent, coating or painting shall be delayed or postponed until conditions are favorable. The day's coating or painting shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. -" Two Tank Coating Project 0 905 - 3 November, 2013 1 D. Thickness and Holiday Checking: Thickness of coatings and paint shall be checked with a non-destructive, magnetic -type thickness gauge. Destructive testing will not be allowed. The integrity of coated surfaces shall be checked with an approved inspection device. Non- destructive holiday shall not exceed 67 1/2 volts nor shall destructive holiday detectors exceed the voltage recommended by the manufacturer of the coating system. For thickness between 10 and 20 mils (250 microns and 500 microns) a non-sudsing type wetting agent, such as Kodak Photo -Flow, shall f be marked, repaired in accordance with the manufacturer's printed recommendations and re -tests. No pinholes or other irregularities will be permitted in the final coating. r-1 E. Inspection Devices: The Contractor shall furnish, until final acceptance of coating and painting, inspection devices in good working condition for detection of holidays and measurement of dry film thickness of coating and paint. The Contractor shall also furnish U.S. Department of Commerce, National Bureau of Standards certified thickness calibration plates to test accuracy of dry film thickness gauges and certified instrumentation to test accuracy of holiday detectors. Dry film thickness gauges and holiday detectors shall be made available for the Engineer's use at all times until final acceptance of application. Holiday detection devices shall be operated in the presence of the Engineer. F. Inspection: Inspection for this project shall consist of `hold point' inspections. The Engineer or his representative shall inspect the surface prior to abrasive blasting, after abrasive blasting but prior to application of coating materials, and between subsequent coats of material. Final inspection shall take place after all coatings are applied, but prior to placing the tank in service. Contractor will insure that sufficient rigging is in place so that the Engineer or his representative shall be able to conduct the required inspections. G. Warranty Inspection: Warranty inspection shall be conducted during the eleventh month following completion of all coating and painting work. All defective work shall be repaired in accordance with this specification and to the satisfaction of the Engineer. 1.7 SAFETY AND HEALTH REQUIREMENTS A. General: In accordance with requirements set forth by regulatory agencies applicable to the construction industry and manufacturer's printed instructions and appropriate technical bulletins and manuals, the Contractor shall provide and require use of personal protective lifesaving equipment for persons working on or about the project site. B. Head and Face Protection and Respiratory Devices: Equipment shall include protective helmets which shall be worn by all persons while in the vicinity of the work. C. Ventilation: Where ventilation is used to control hazardous exposure, all equipment shall be explosion -proof. Ventilation shall reduce the concentration of air contaminants to the degree a hazard does not exist. Air circulation and exhausting of solvent vapors shall be continued until coatings have fully cured. D. Sound Levels: Whenever the occupational noise exposure exceeds maximum allowable sound levels, the Contractor shall provide and require the use of approved ear protective devices. Two Tank Coating Project 09905 - 4 November, 2013 11 E. Illumination: Adequate illumination shall be provided while work is in progress, including explosion -proof lights and electrical equipment. Conform with all applicable rules and regulations from OSHA. Whenever required by the Engineer, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The Engineer shall determine the level of L illumination for inspection purposes. F. Temporary Ladders and Scaffolding: The Contractor shall conform to all Federal, State, and local rules and safety requirements pertaining to temporary ladders and scaffolding. Erect where requested by the Engineer to facilitate inspection and move by the Contractor to locations requested by the Engineer. 1.8 PRODUCT DELIVERY, STORAGE, AND HANDLING A. All materials shall be brought to the jobsite in original sealed containers. They shall not be used until the Engineer has inspected the contents and obtained data from information on containers or label. Materials exceeding storage life recommended by the manufacturer shall be rejected. B. All coatings and paints shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable coatings and paints must be stored to conform with City, County, State and Federal safety codes for flammable coating or paint materials. At all times coatings and paints shall be protected from freezing. PART 2 - MATERIALS 2.1 ACCEPTABLE MANUFACTURERS The coating system shall be manufactured by Tnemec Co., Inc., or approved equal prior to the award of the bid. A. Materials specified are those that have been evaluated for the specific service. Products of the Tnemec Co. are listed to establish a standard of quality. Equivalent materials of other manufacturers may be substituted on written approval of the Engineer. As part of the proof of equality, the Engineer will require certified reports from a nationally known, reputable and independent testing laboratory conducting comparative tests as directed by the Engineer between the product specified and the requested substitution. B. Requests for substitution shall be approved prior to the award of the bid & shall include manufacturer's literature for each product giving name, product number, generic type, descriptive information, solids by volume, recommended dry film thickness and certified lab test reports showing results to equal the performance criteria of the products specified herein. In addition, a list of five projects shall be submitted in which each product has been used and rendered satisfactory service by the owner. C. The contractor shall coordinate work so as to allow sufficient time for paint to be delivered to the job site. D. All materials shall be brought to jobsite in original sealed containers. They shall not be used until a representative of the Engineer has inspected contents and obtained data from Two Tank Coating Project 09905 - 5 November, 205 information on containers or label. Materials exceeding storage life recommended by the manufacturer shall be rejected. E. All coatings and paints shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable coatings or paint must be stored to conform with City, County, State and Federal safety codes for flammable coating or paint materials. At all tunes coatings and paints shall be protected from freezing. 2.2 GENERAL REQUIREMENTS A. All materials shall be lead-free as defined by the Consumer Product Safety Act, Part 1303. B. All zinc dust pigment contained in any zinc -rich material shall meet the requirements of ASTM D 520 Type III with regard to zinc content and purity. C. All materials for the interior wetted portion of the tank shall meet the requirements of ANSI/NSF Standard 61 for potable water contact. D. All high gloss clear coat products shall incorporate the use of a fugitive dye to aid in the proper application and coverage of such coats. E. All catalyzed polyurethane products shall meet the minimum requirements of SSPC Paint Specification Number 36, Level 3 Performance Level. F. No products containing MOCHA shall be allowed. G. All material preparations should meet the manufacture's latest printed instructions, and should no be mixed beyond the manufacture's recommend pot life. F. Exterior Tank Coating Systems: For cold weather applications, Series 44-710 Urethane Accelerator may be added to Series 91-H20 and Series 1075 at the rate specified on the Series 44-710 product data sheet. System: Three-Coat,Fluoropolymer System for Extended Color and Gloss Retention: 1. Surface Preparation Prior to Water Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178 and herein. Clean all failed and rusting areas as per SSPC-SP2 to SP3 Hand or Power Tool Cleaning. Feather all edges smooth. 2. Surface Preparation: SSPC-SP6 Commercial Blast Cleaning. Anchor profile shall be 1.5 to 2.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. Coating System: Backwash Tank at the North Water Treatment Plant (Non -Lead) Two Tank Coating Project 09905 - 6 November, 2013 I st Coat: Tnemec Series 91-H20 Hydro -Zinc applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41-2 or 41-3 Thinner. 2nd Coat: Tnemec Series 1075, 44BR-Beige, Endura-Shield applied at 3.0 to 5.0 dry mils. Thin only with approved thinner, Tnemec 41-42 Thinner for spray, 41-39 for brush or roller. (Two coats may be required if applied by roller.) 3rd Coat: Tnemec Series 700,15BL-Tank White, HydroFlon applied at 2.0 to 3.0 dry mils. Thin only with approved thinner, Tnemec 41-39 Thinner for spray, brush, or roller. Total dry film thickness of the new system shall be a minimum of 8.5 mils per SSPC-PA 2 dry film inspection standards. References to PA2 which allow for 80% of the specified dry film thickness shall not be valid for this project. 4. Surface Preparation Prior to Water Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178 and herein. Clean all failed and rusting areas as per SSPC-SP2 to SP3 Hand or Power Tool Cleaning. Feather all edges smooth. 5. Surface Preparation: SSPC-SP6 Commercial Blast Cleaning. Anchor profile shall be 1.5 to 2.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287, and meet all the lead abatement requirements. 6. Coating System: SEWRP Tank Outside (Lead) 1st Coat: Tnemec Series 91-H20 Hydro -Zinc applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41-2 or 41-3 Thinner. 2nd Coat: Tnemec Series 1075, 44BR Beige, Endura-Shield applied at 3.0 to 5.0 dry mils. Thin only with approved thinner, Tnemec 41-42 Thinner for spray, 41-39 for brush or roller. (Two coats may be required if applied by roller.) 3rd Coat: Tnemec Series 700,15BL-Tank White, HydroFlon applied at 2.0 to 3.0 dry mils. Thin only with approved thinner, Tnemec 41-39 Thinner for spray, brush, or roller. Total dry film thickness of the new system shall be a minimum of 8.5 mils per SSPC-PA 2 dry film inspection standards. References to PA2 which allow for 80% of the specified dry film thickness shall not be valid for this project. ... Two Tank Coating Project 09905 - 7 November, 2013 7. Coating Systme: SEWRP Tank Inside (Lead) 8. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard SP0178, Designation D. 9. Surface Preparation: SSPC-SP 10 Near -White Metal Blast Cleaning. A minimum angular profile of 2.0 to 2.5 mils as per ASTM D 4417, Method C or NACE Standard RP0287 is required. 10. Coating System: Prime Coat: Tnemec Series 1 Omnithane applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41-2 or 41-3 Thinner. Stripe Coat: Tnemec Series 20 Pota-Pox brushed and scrubbed into weld seams. Thin only with approved thinner, Tnemec 41-4 Thinner. Second Coat: Tnemec Series 20-1255 Beige Pota-Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. Third Coat: Tnemec Series 20-15BL Tank White Pota-Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. Total dry film thickness shall be a minimum of 10.5 mils. For cold weather applications, use Series FC20 instead of Series 20. PART 3 -EXECUTION 3.1 GENERAL A. All surface preparation, coating and painting shall conform to applicable standards of the Steel Structures Painting Council and the manufacturer's printed instructions. Material applied to the surface prior to the approval of the Engineer shall be removed and re -applied to the satisfaction of the Engineer at the expense of the Contractor. B. All work shall be performed by skilled craftsmen qualified to perform the required work in a manner comparable with the best standards of practice. Continuity of personnel shall be coordinated with the Engineer. C. Coating and painting systems include surface preparation, prime coating and finish coatings. Unless otherwise approved in writing by the Engineer, prime coating shall be field applied. Where prime coatings are shop applied, the Contractor shall instruct suppliers to provide the prime coat compatible with the specified finish coat. Any off -site work which does not conform to this specification, is Two Tank Coating Project 09905 - 8 November, 201 - subjected to damage during transportation, construction or installation shall be thoroughly cleaned and touched -up in the field as directed by the Engineer. The Contractor shall use repair procedures which insure the complete protection of all adjacent primer. The specified repair method and equipment may include wire -brushing, hand or power tool cleaning, or dry air blast cleaning. In order to prevent injury to surrounding painted surfaces, blast cleaning may require use of lower air pressure, smaller nozzle and/or abrasive blast particles, or shorter blast nozzle distances from surface shielding and masldng. If damage is too extensive or uneconomical to touch-up, the entire item shall be blasted and then coated or painted as directed by the Engineer. D. Dust, dirt, oil, grease or any foreign matter that will affect the adhesion or durability of the finish must be removed by washing with clean rags dipped in an approved cleaning solvent and wiped dry with clean rags. E. The Contractor's coating and painting equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Compressors shall have suitable traps and filters to remove water and oils from the air. Contractor's equipment shall be subject to approval of the Engineer. F. Application of the first coat shall follow immediately after surface preparation and cleaning and before rust bloom occurs. Any cleaned areas not receiving first coat within this period shall be re -cleaned prior to application of first coat. 3.2 SURFACE PREPARATION A. The latest revision of the following surface preparation specifications of the Steel Structures Painting Council shall form a part of this specification: 1. Solvent Cleaning (SSPC-SP 1): Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods which involve a solvent or cleaning action. 2. Hand Tool Cleaning_(SSPC-SP2): Removal of loose rust, loose mil scale and other detrimental foreign matter to a degree specified by hand chipping, scraping, sanding and wire -brushing 3. Power Tool Cleaning (SSPC-SP3): Removal of loose rust, loose mil scale and other detrimental foreign matter by power wire -brushing, power impact tools or power sanders. 4. White Metal Blast Cleaning (SSPC-SP5/NACE No. 1): Air blast cleaning to a gray -white uniform metallic color until each element of surface area is free of all visible residues. Commercial Blast Cleaning (SSPC-SP6 NACE No. 3): Air blast cleaning until at least two-thirds of each element of surface area is free of all visible residues. 6. Brush -Off Blast Cleaning (SSPC-SP7 NACE No. 4): Air blast cleaning to remove loose rust, loose mil scale and other detrimental foreign matter to a degree specified. Two Tank Coating Project 09905 - 9 November, 2013 7. Near -White Metal Blast Cleaning (SSPC-SP10 NACE No. 2Z Air blast cleaning until at least 95% of each element of surface area is free of all visible residues. 8. Power Tool Cleaning to Bare Metal (SSPC-SP11): Differs from SSPC-SP3 in that it requires more thorough cleaning and a surface profile not less than 1 mil. B. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed. Blast nozzles shall be venturi-type nozzles with a minimum pressure at the nozzle of 90 psi. C. Particle size of abrasives used in blast cleaning shall be that which will produce a 1.5 - 2.5 mil (37.5 microns - 65.0 microns) surface profile or in accordance with recommendations of the manufacturer of the specified coating or paint system to be applied. If the profile of the blasted steel exceeds the profile specified above, the Contractor shall be required to do one or both of the following: 1. Reblast the surface using a finer aggregate in order to produce the required profile. 2. Apply a thicker prime coat, if possible given the limitations of the products being applied, in order to adequately cover the blast profile D. Abrasive used in blast cleaning operations shall be new, washed, graded and free of contaminants that would interfere with adhesion of coating or paint and shall not be reused unless specifically approved in writing by the Engineer. E. During blast cleaning operations, caution shall be exercised to insure that existing coatings or paint are not exposed to abrasion from blast cleaning. I'll, F. The Contractor shall keep the area of his work and the surrounding environment in a clean condition. He shall not permit materials to accumulate as to constitute a nuisance or hazard to the accomplishment of the work, the operation of the existing facilities, or nuisance to the surrounding environment. All media must be removed from the blasting site. G. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or paint. All surfaces shall be free of dust, dirt, and other residue resulting from the abrasive blasting operation. No coatings or paint shall be applied over damp or moist surfaces. H. All welds shall be neutralized with a suitable chemical compatible with the specified coating materials. I. Specific Surface Preparation: Surface preparation for the specific system shall be as noted in Section 2.1 Paragraph F. 3.03 NON -VISIBLE CONTAMINANTS Two Tank Coating Project 09905 - 10 November, 2013 �r A. After sandblasting, three tests shall be performed on the steel surface. These tests are an Iron Test (Fe 2+), Chloride Test and Sulfate Test. Testing shall be carried out as per SSPC Technology Guide 15 "Field Methods for Retrieval and Analysis of Soluble Salts on Steel and Other Nonporous Substrates". The maximum limits for these contaminants shall be: The maximum level of chlorides is 30 milligrams per square meter or 3 micrograms per square centimeter. 2. The maximum level of sulfates is 100 milligrams per square meter or 10 micrograms per square centimeter. The maximum level of ferrous ions (Fe2+) is 50 milligrams per square meter or 5 micrograms per square centimeter. 4. Contamination levels above these limits will require washing and retesting in accordance with Item 2 (below) until the surface is under the allowable limits. B. If testing shows amounts present in the test solution to be greater than the limits listed herein, the Contractor shall clean the surface of the entire tank interior with a 5,000 psi water blast with fine entrained abrasive until the levels in the test solutions are below the maximum acceptable level. Alternate cleaning methods may be allowed with prior approval of the Engineer. C. Contractor shall provide a written statement from paint manufacturer stating that the maximum acceptable levels are not less than those listed herein. Results of the testing shall be provided to the Owner before any coatings are applied. D. The following test kits are approved for use on this project: a. Chlor*Rid Chor*Test Kit b. KTA SCAT Test Kit C. Test kits from other vendors shall be submitted to the Engineer for prior approval before use. 3.4 APPLICATION - GENERAL A. Coating and paint application shall conform to the requirements of the Steel Structures Painting Council Paint Application Specification SSPC-PAl, latest revision, for "Shop, Field and Maintenance Painting". B. Thinning shall be permitted only as recommended by the manufacturer approved by the Engineer. C. Each application of coating or paint shall be applied evenly, free of brush marks, sags, runs, no evidence of poor workmanship. Care shall be exercised to avoid lapping on glass or hardware. Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free of defects or blemishes. 1 Two Tank Coating Project 09905 - 11 November, 2013 I D. Protective coverings or drop cloths shall be used to protect floors, concrete slabs, fixtures, and equipment. Care shall be exercised to prevent coatings or paints from being spattered onto surfaces which are not to be coated or painted. Report surfaces from which materials cannot be satisfactorily removed to the Engineer. E. When two coats of coating or paint are specified, where possible, the first coat shall contain sufficient approved color additive to act as an indicator of coverage or the two coats must be of contrasting color. F. Film thicknesses per coat specified in Section 2.1 Paragraph F are minimum required. If roller application is deemed necessary, the Contractor shall apply additional coats to achieve the specified thickness. G. All material shall be applied as specified. 3.5 COATING SYSTEMS APPLICATION A. After completion of surface preparation as specified for the specific system, materials shall be applied as noted in Section 2.1 Paragraph F. 3.06 DISINFECTION A. Disinfection of interior surfaces shall be performed in the presence of the Engineer in accordance with all the requirements of applicable AWWA Standards and regulatory agencies. B. Disinfection shall be performed after protective coatings have been applied to the interior surfaces and allowed to thoroughly cure. C. Prior to disinfecting, the complete interior shall be washed down with clean water and thoroughly flushed out. D. All interior surfaces shall be thoroughly washed with a solution having a minimum chlorine content of 50 PPM. Chlorine solution accumulated on the bottom shall be drained to waste. Rinsing with clean water is not required. 3.07 SOLVENT VAPOR REMOVAL A. All solvent vapors shall be completely removed by suction -type exhaust fans and blowers before placing tank in operating service. B. All solvent vapors will be exhausted both during and after coating application as per AWWA D 102 to allow the proper curing of the coating material. C. Ventilation shall be continued until such time as the coating has reached "full cure" as specified by the coating manufacturer. 3.6 COLOR SCHEME I Two Tank Coating Project 09905 - 12 November, 2013 _ j A. The Engineer shall select colors for the project. The Contractor shall submit a current chart of the manufacturer's available colors to the Engineer fourteen (14) days prior to the start of coating. 3.7 CLEAN UP A. Upon completion of the work, all staging, scaffolding and containers shall be removed from the site in a manner approved by the Engineer. Coating or paint spots or oil stains upon adjacent surfaces shall be removed and the jobsite cleaned. All damage to surfaces resulting from the work of this section shall be cleaned, repaired, or refinished to the satisfaction of the Engineer at no cost to the Owner. END OF SECTION Two Tank Coating Project 09905 - 13 November, 2013 PAGE INTENTIONALLY LEFT BLANK n