HomeMy WebLinkAboutResolution - 3713 - Contract - Padgett Construction - ACM Abatement, Canyon Lakes Apartments - 09_12_1991Resolution No. 3713
September 12, 1991
Item #27
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Padgett Construction for ACM Abatement at the
Canyon Lakes Apartments, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 12th day of September 1991.
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McMINN;'
ATTEST:
ane to oy , City ecr a
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APPROVED S TO CONTEN
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ene a urc as ng Manager
APPROVED AS TO FORM: i
Hhrbld Willard,Assistant City
Attorney
CITY OF LUBBOCK
SPECIFICATIONS
FOR
ACM ABATEMENT -
CANYON LAKES APARTMENTS
BID # 11512
` Lubbock, TexasJ61/409
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CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: ACM ABATEMENT -
CANYON LAKES APARTMENTS
ADDRESS:
BID NUMBER: 11512
PROJECT NUMBER: 1111-548000-4211
CONTRACT PREPARED BY: Purchasing Department
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INDEX
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PAGE
1.
NOTICE TO BIDDERS..........................................................................................3
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2.
GENERAL INSTRUCTIONS TO BIDDERS............................................................................5
3.
810 PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
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4.
PAYMENT BOND..............................................................................................14
5.
PERFORMANCE BOND.......................................................................................17
6.
CERTIFICATE OF INSURANCE...................................................................................20
7.
CONTRACT...................................................................................................22
8.
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................24
9.
CURRENT WAGE DETERMINATIONS...............................................................................42
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10.
SPECIFICATIONS............................................................................................43
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11.
SPECIAL CONDITIONS........................................................................................44
12.
NOTICE OF ACCEPTANCE.....................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 11512
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager,,1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 23rd day of August, 1991, or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all work for the construction of the following
described project:
ACM ABATEMENT - CANYON LAKES APARTMENTS
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
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The City of Lubbock will consider the bids on the 12th day of September, 1991, at Municipal Bldg.,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Am. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should
p~ be issued by a company carrying a current Best Rating of 6 or superior, as the rating of the bond company is
a factor that will be considered in determination of the lowest responsible bidder. If the contract price
does not exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a 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 bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
r Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
r further directed to provision of Article 5159a, Vernon's Am. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 15th day of August, 1991, at 11:00 olclock a.m., Personnel
Conference Room #108, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 11512
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 23rd day of August. 1991, or as changed by the issuance of
formal addenda to all planholders, to furnish all labor and materials and perform all work for the
construction of the following described project:
ACM ABATEMENT - CANYON LAKES APARTMENTS
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal form; and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a prebid conference on 15th day of August. 1991, at 11:00 o'clock a.m., Personnel
Committee Room 108, Municipal Building, 1625 13th Street.
BY:4Geeads, C.P.M.
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. $COPE OF WORK
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The work to be done under the contract documents shall consist of the following:
A.C.M. abatement removal at the Canyon Lakes Apartments.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be'done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 30 (THIRTY) calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
�.. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure
comple-tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of
the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
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7. 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 pro-
tecting 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 provi-
sion. 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.
8. GUARANTEES
All equipment and materials incorporated In the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
it shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
j 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 construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, Lights and danger sig-
nals, 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
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lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
r acceptance of the project.
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14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. in all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. in addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
Explosive materials shell not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
rresponsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
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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
P State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written
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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 subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, 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.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on•this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as,above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
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The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, 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 proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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SID PROPOSAL
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
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PLACE
a DATE Y ?j &C4
PROJECT NO
Proposal o
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a(i f'V l I1/I�LQ
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions 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, of which this proposal is to be
a part, is as follows: _ Zfey
BID
Amount shall be shown -in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 30 (THIRTY) consecutive calendar
days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to
pay to Owner as liquidated damages the sun of 5400.00 (Four Hundred dollars) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general
conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
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The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the -plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
�^ work on which he has bid; as provided in the contract documents.
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Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) or a Proposal Bond in the sum of Dollars (S )—
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 and the required bond
(if any) with the owner within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con-
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
— Ruc lft-avarza W,
Contractor
4, BY•
(Seal if Bidder is a Corporation). .
ATT ST•
Secretary
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LIST OF SUBCONTRACTORS
This form shall be completed and submitted with the Bidder's Proposal.
1.
a.
3.
4.
5.
6.
7.
8.
9.
10.
Minority Owned
Yes No
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PAYMENT BOND
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STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars (S ) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis-
trators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
, 19 , to
and said Principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con-
tract, 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 Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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.
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IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of 19!
Principal
Surety
*By.
(Title)
By:
(Title) _
By:
(Title) _
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Surety
*By:_
(Title) '
Approved as to form:
City of Lubbock
By: _
City Attorney
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy '
of power of attorney for our files.
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PERFORMANCE BOND
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STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
d ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOT! ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as PrincipaL(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
, 19_, to
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form the work in accordance with the plans, specifications and contract documents, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, 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 of , 19—
Surety
*By:
(Title)
Principal
By:
(Title)
By:
(Title)
By:
(Title)
r
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
Surety --
*By.
(Title)
Approved as to Form
City of Lubbock
By: —
City Attorney
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy of power of attorney for our files.
-19-
CERTIFICATE OF INSURANCE
.20-
(THIS PAGE LEFT BLANK INTENTIONALLY)
'�`9R 1 F1'iT'1 jg QF• 1S � � $NQF ISSUE OATS IMMIUDIYY)
9-5_-s1
PRODUCER WS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEATIFIC/
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 1
Alan henry Insurance POLICIES BELOW.
P.O. Box 2399 COMPANIES AFFORDING COVERAGE
Lubbock, Texas 79408-2399
COMPANY
LETTER
A
Eagle Insurance Company
INSURED
`
? COMPANY
LETTER
f
B
Houston General Lloyds
Padgett Construction Company
! COMPANY
E
C
P.O. Box 2895
LETTER
Lubbock, Texas 79408
! COMPANY��
D
�1
LETTER
COMPANY E J
LETTER
, ......._ ...,_. _..... •
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOC
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH TIRE
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
17R TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE {MMlDOlYY) DATE (MMlODlYY) LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE �s
] t Q0p r 001
X COMMERCIAL GENERAL LIABILITY
PRODUCTS COMPIOP AGG.
i ]- 1 000, 00(
CLAIMS MAL7E. x ;gGcuR.` EICLOB003
10--15-90 1-0-15-91 PERSONAL a ADV. INJURY
i 500100(
A OWNER'S & CONTRACTOR'S PROT.1
EACH OCCURRENCE
i 1, 000, COI
FIRE DAMAGE {Any 0110 tiro)
$ 50,00(
X Asbestos Abatement
MED. EXPENSE (Any ores twrsun)
i 5 I QQ(
.� AUTOMOBILE LIABILITY
SINGLE
LIMIT
$ 1, 000, 00(
ANY AUTO
X ALL OWNED AUTOS
BODILY INJURY
i
seIIEDUL£D Autos 1AUT9399545
11-6-90 11-6-91 (Pat pa")
X HIRED AUTOS
BODILY INJURY
i
x HON OWNED AUTOS
(Puf accident)
GAIIAGE LIABILITY
PROPERTY DAMAGE
i
EXCESS LIABILITY
UMUIIELLA FORM
011JER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGAIE i
! STATUTORY LIMITS
WORKER'S COMPENSATION
j AND EACH ACCIDENT i
t EMPLOYERS' LIABILITY DISEASE ---POLICY LIMIT S
j
[ DISEASE --EACH EMPLOYEE $
• OTHRE.....�.. i ._.._._...
�V6ESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
We cannot provide a Certificate of Insurance on Workers Ccxnpensation as this coverage is
written through the Workers Comp pool, but we have requested the certificate and will foniar
"as soon as it is received.
CF-gTIFICATV-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH
tt Post Independent School Di.stri.ct EXPIRATION DATE THEREOF, TIIE ISSUING COMPANY WILL ENDEAVOR T
P.O. BOX 70 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Tlt
Post, Texas 79356 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION O
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR HEPRESEHTATIVE:
AUTHORIZED REPRESENTATIVE
�i-
WORD 25-S (1190) �.. • .: ::, .. ; �� 2 OACORD. COkiPOHATION 11
Q9RTIF1gAT4 FIN
PRODUCER
Alan Henry Insurance
P.O. Box 2399
Lubbock, Texas 79408-2399
INSURED
Padgett Construction Company
P.O. Box 2895
Lubbock, Texas 79408
ISSUE DATE (MMIUDIYY)
e _9-_5-91'>
S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICAI
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TH
COMPANIES AFFORDING COVERAGE
COMPANY
! LETTER A Eagle Insurance Company
COMPANY
13 f 1 LETTER Houston General Lloyds
COMPANY
LETTER C
COMPANY D y
LETTER
COMPANY
i LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI(IS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR ! DATE (MMIDOIYY) DATE (MMIDDIYY►
GENERAL LIABILITY i GENERAL AGGREGATE `i 11000,000
X COMMERCIAL GENERAL LIABILITY i PRODUCTS COMPIOP AGG. $ 1.1 000, 000
CLAIMS MADE. (;OCCUR. f EICLOB003 i 10-15-90 10-15-91 PERSONAL R ADV. INJURY $ 500,000
A OWNER'S d CONTRACTOR'S PROT.1 EACH OCCURRENCE i 1,000,000
FIRE DAMAGE (Any one live) i 50,000
I� x Asbestos Abatement MED. EXPENSE (Any one poison) 6
AUTOMOBILE LIABILITY �~
ANY AUTO
LIMIT ICOMBINED SINGLE $ 1 , 000, 000
x ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS 1AUT9399545
11-6-90 11-6-91 r. (Per person)
_
X HIRED AUTOS
BODILY INJURY
x NON OWNED AUTOS
(Per accident)
=
GARAGE LIABILITY
PROPERTY DAMAGE
_
EXCESS LIABILITY
EACH OCCURRENCE
1"
UMU14ELLAFORM
AGGREGATE
_
1
0111ER TIIAN UMBRELLA FORM
! STATUTORY LIMITS
WORKER'S COMPENSATION
1 AND EACH ACCIDENT _
DISEASE —POLICY LIMIT i
EMPLOYERS' LIABILITY
( DISEASE --EACH EMPLOYEE_ S
OTHER i
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS w —
We cannot provide a Certi.fi.cate of Insurance on Workers Compensation as this coverage i.s
wri.tten through the Workers Comp pool; but we have requested the certificate and will foniard
i as soon as it is received.
CEfiTIFICAT BAN&WATLBN
Post Independent School Di.stri.ct
P.O. Box 70
Post, Texas 79356
:ORD 25-S 0/80I : , .., •:: ,
SHOULD ANY OF. THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIIE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR HEPRESEN"TAIIVES.
AUTHORIZED REPRESENTATIVE _ r
a�
_ _�`Sr�V"L�'4 rf%S. - t9ACOflD. C011PORATION 169
ALAN HENRY INSURANCE, AGENCY
P. O. BOX 2399
LUBBOM TEXAS 79406-2399
TELEPHONE N6 7924771
r.
I
DATE 9_5-91
COMPANY
Cigna
DEPARTMENT OR INDIVIDUAL
WC Assigned ilisk Department
ASSURED'S NAME
POLICY NUMBER
CLAIM FILE NUMBER
Padgett Construction Company
TACC3622213A
EFFECTIVE DATE OF CHANGE
YOUR LETTER DATED
REPLY REQUESTED PRIOR TO:
CHECK HERECHECK
HERE
❑ UNDERWRITING DEPARTMENT
❑
CLAIMS DEPARTMENT —
❑ ENDORSE AS REQUESTED BELOW
❑
CLAIM REPORT ATTACHED
❑ ADD LOSS PAYABLE CLAUSE AS SHOWN BELOW
❑
REPAIR ESTIMATES ATTACHED
❑ ELIMINATE LOSS PAYABLE CLAUSE
❑
REPAIR BILLS ATTACHED
❑ ISSUE REMOVAL PERMIT TO LOCATION SHOWN BELOW
❑
MEDICAL REPORT ATTACHED
❑ CHANGE SCHEDULE AS SHOWN BELOW
❑
MEDICAL BILLS ATTACHED
❑ ISSUE CERTIFICATE OF INSURANCE
❑
ENCLOSED ARE THE ITEMS LISTED BELOW
❑ ASSIGN POLICY AS SHOWN BELOW
❑
SIGNED PROOF OF LOSS ATTACHED
❑ . FURNISH US WITH A RENEWAL QUOTATION
❑
ATTACHED CORRESPONDENCE RECEIVED FROM
❑ INCREASE AS SHOWN BELOW
CLAIMANT
❑ DECREASE AS SHOWN BELOW
❑
FIRST REPORT SENT TO YOU ON
❑ CANCEL ATTACHED POLICY SR PR
❑
PLEASE ADVISE STATUS OF CLAIM
❑ SEND CANCELLATION NOTICE FOR REASON STATED BELOW
❑
MAKE CHECK PAYABLE.TO
❑ RENEW POLICY AS IS_ —AS SHOWN BELOW
—
❑ BIND COVERAGE FOR DAYS AS SHOWN BELOW
❑
MAIL CHECK TO —AGENT —INSURED —REPAIR
❑ COMPLETED APPLICATION ATTACHED
SHOP, MORTGAGEE.
❑ PRODUCTION OR ENGINEERING
DEPARTMENT
❑
ACCOUNTING, DEPARTMENT
❑ PLEASE FURNISH US WITH AN APPRAISAL OF PROP-
❑
CORRECT COMMISSION AS SHOWN BELOW
ERTY LISTED BELOW
❑
ITEMS BELOW WERE PAID ON „DATE SHOWN .-
❑ PLEASE INSPECT PROPERTY BELOW TO CHECK PUBLISHED
❑
ITEMS SHOWN BELOW ARE NOT INCLUDED IN OUR
RATES
REMITTANCE FOR THE REASONS INDICATED
❑
❑
❑ VEHICLE CHANGE
AUTO ADDED: Year Make, Body Style & Model
Vehicle Identification No.
CLIHP Symbol
_
Purchase Date Cost $ Class Code
Rate Factor Annual Mileage ____._Territory
Loss Payee Name and Address
AUTO DELETED: Year Make, Body Style & Model
Vehicle Identification No,
SPECIAL NOTE Please issue a certificate in
favor
of Post Tndc-pet,dPnt- S(-hopl Dist-rirt,
P.O. Box 70, Bost, Texas 79356
thanks.
Sue Tipton
No Text
(THIS PAGE LEFT BLANK INTENTIONALLY)
+t.
CONTRACT
STATE OF TEXAS
k
f _
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 12th day of September, 1991, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and PADGETT CONSTRUCTION of the City of LUBBOCK, County of LUBBOCK 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 CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID #11512 - ACM ABATEMENT 8 CANYON LAKES APARTMENTS PROJECT IN THE AMOUNT OF $13,885.000
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
make payment on account thereof as provided therein.
r, IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
j Texas in the year and day first above written.
CITY OF LUBBOCK, TEXAS ^(OWNER)
r gy, `
Secret T MAYOR
ATTEST:
Corporate Secretary
PADGETT CONSTRUCTION CO.
CONTRACTOR �(J
BY: rCS4rl
TITLE: �PASAIJIA�
COMPLETE ADDRESS:
PO BOX 2895
Lubbock. TX 79408
-23-
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GENERAL CONDITIONS OF THE AGREEMENT
t�
l
1
•24-
(THIS PAGE LEFT BLANK INTENTIONALLY)
7 GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: PADGETT CONSTRUCTION CO.,
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
j� Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
!L as referring to TONT BUSTILLOS, CODES ENFORCEMENT, City of Lubbock, under whose supervision these contract
documents, including the plans and specifications, were prepared, and who will inspect constructions; or to
such other representative, supervisor, or inspector as may be authorized by said Owner to act in any par-
t
ticular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the
direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf
of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
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.
r Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases:, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
jdone.in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
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 re-
sponsibility 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
P` due Subcontractor.
l<.
-25-
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or
trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment. _
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the Job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be.directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the -
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
-26-
t.
'f 13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
r.. Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
C14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
r„ Representative shall review all work included herein. He has the authority to stop the work whenever such
h
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
r� contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
r" to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
j Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
r30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
r• 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 Con-
tractor 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
r" the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
j Representative for his decision.
r
r
-27-
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, 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.
-28-
I
i
f
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
r• the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
-resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work through oversight or otherwise, if any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, 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 Representa-
tive 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,
r 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. Ali 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.
r
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, 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 approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
rOwner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
i
for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and
re -build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
,.� 23. CHANGES AND ALTERATIONS
r
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 or materials for the work herein contemplated, or any part
C^ 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 in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
r" 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
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive 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 com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph 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 Workmen's
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 mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery 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 com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. in
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative 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 in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract 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. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
rContractor fully understands the work to be included and has provided sufficient sums in his proposal to
I complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opefiing of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
if at any time the methods or equipment used by the Contractor are found to be inadequate to secure the
rquality 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 speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
- insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's 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
r.. in Construction" of Associated General Contractors of America, except where incompatible with federal, state
r or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
! with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in the 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized 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. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and ran -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is .to be named as an additional insured on this policy for this specific —
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance —
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
(S1 000 000 minimum) with coverage to correspond with Comprehensive General Liability and � pond onp y Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the fora (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
r
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar 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.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and�will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
it is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in.the contract of work.to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $400.00 (FOUR HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall
be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this Local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
rcurrent periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes 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 sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his 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 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
r" except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their
con-sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
PM the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cfdent to such work,.whether growing out of delays in securing material or workmen or otherwise. No charge
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shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
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 of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. 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 he shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. 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 him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
40. 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 de-
fective 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 con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
.3G-
41. PARTIAL PAYMENTS
i FM On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month; said statement shall also include the value of all sound
ma-terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and'all further sums that may
be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the'Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
.;
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall became due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
r+ 45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
fi
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date of substantial completion. The owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. it is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, Mess either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in
writ-ing and shall not be open to objection on account of the form of proceedings or award.
` 49. ABANDONMENT BY CONTRACTOR
r" In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
r
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
"" the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
r. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will, ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide for completion of the work
in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies 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 nay 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 com-
pleted 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 com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what
�,. would have been the cost under this contract, such increase shall be charged to the Contractor and
the Surety shall be and remain bound therefore. However, should the cost to complete any such new
` contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
�•:+ issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
-�. -39-
C
In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tads, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and.apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner'shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owners Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shalt certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
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Oak
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circL=;tance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
r work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
r`
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the nf!thod of the performance
of the work covered hereby. The fact that the owner or Owner's Representative shall have the right to ob-
I roll serve Contractor's work during his 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.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
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Put
CURRENT WAGE DETERMINATIONS
PWI
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"
DGV:da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general --
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
:in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1 THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
'~ and purposes:
Exhibit A: Building Construction Trades
.� Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 19$7.
e.
B.C. McMINN, MAYOR
k
r. :Ranettd,-Boyd, City Secretary
APPROVED T ONTENT: APPROVED AS TO FORM:
1 ' Bi 1 P yne, 0 rector of Building Oo ld G. Vandiver, First
Services Assistant City Attorney
P
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourly Rate
$11.60
8.35
- 5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
Craft
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
.
Hourlv Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
w
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power. Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate _
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
/11!
¢W
S
S
SPECIFICATIONS
T"
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t
a,
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7
is
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INDEX
SECTION TITLE
DIVISION O1
01700 Project Closeout
02020
Asbestos Abatement Procedures
02030
Air Monitoring
02040
Asbestos Abatement Inspections
02050
Worker Protection and
Decontamination
02070
Containments
02080
Asbestos Removal Method
02090
Clean -Up and Disposal
AWINGS
Draw #1/of/1 Site Plan
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r+
i
SECTION 01700 - PROJECT CLOSEOUT
1.1 The Contract will be considered fulfilled with the exception of any
maintenance stipulations, bond, or by law, when all work is complete, final
inspection has been made, final acceptance and final payrhent by the Owner.
2.1 Sections or portions of the work in which asbestos abatement is
complete may be demolished by Owner. Such demolition will not be
considered as acceptance of all the work by Owner.
3.1 Contractor shall notify Architect/Engineer at least one day in advance
r of requested inspection date. Before requesting Architect/Engineer's
inspection for certification of Substantial Completion for any portion of the
work, the Contractor shall accomplish the following:
3.1.1 Complete the removal of all asbestos -containing materials in the
areas/buildings to be inspected.
3.1.2 Complete the removal of all containment materials.
3.2 Inspection Procedures: Upon receipt of Contractor's request,
ry Architect/Engineer will either proceed with inspection or advise Contractor
of prerequisites not fulfilled. Following initial inspection by Owner,
Architect/Engineer, and Contractor, Architect/Engineer will either prepare
Certificate of Substantial Completion, or advise Contractor of Work which
must be completed before certificate can be issued. Repeat inspections shall
be conducted when requested to verify that work has been substantially
completed. Results of completed inspection will form initial "Deficiency List"
�^ for Final Inspection.
4. SUBSTANTIAL COMPLETION OF COMPLETR PROJECT:
4.1 Contractor shall notify Architect/Engineer at least three days in
advance of requested inspection date. Before requesting
Architect/Engineer's inspection for certification of Substantial Completion,
the Contractor shall (in addition to the work described in the preceding
paragraph) accomplish the following:
4.1.1 Deliver all ACM materials to appropiate dump site.
4.1.2 Discontinue and remove from site temporary facilities and services,
construction tools, and similar elements.
01700-1
G
4.1.3 Prepare (and submit with request for inspection) Progress Payment
request showing 100% completion.
4.2 Inspection Procedures: Upon receipt of Contractor's request,
Architect/Engineer will either proceed with inspection or advise Contractor
of prerequisites not fulfilled. Following initial inspection by Owner,
Architect/Engineer, and Contractor, Architect/Engineer will either prepare
Certificate of Substantial Completion, or advise Contractor of Work which
must be completed before certificate can be issued. Repeat inspections shall
be conducted when requested to verify that work has been substantially
completed. Results of completed inspection will form initial "Deficiency List"
for Final Inspection.
5. FINAL INSPECTION:
5.1 Before requesting Architect/Engineer's final inspection for certification
of Final Acceptance and Payment, as required by General Conditions,
Contractor shall complete the following and list any know exceptions in
request:
5.1.1 Submit Final Payment Request with final releases and supporting
documentation not previously submitted and accepted. Include
certificates of Insurance for products and completed operations where
required.
5.1.2 Submit updated final statement, accounting for any changes to
Contract Amount.
5.1.3 Submit copy of Architect/Engineer's final deficiency list of itemized
work to be completed or corrected, stating that each item has been
completed or corrected for acceptance'.
5.1.4 Submit final certifications and other similar documents.
5.1.5 Submit record drawings, maintenance manuals, and similar final
record information.
5.1.6 Revise and submit evidence of final, continuing insurance coverage
complying with insurance requirements.
6. REINSPECTION PROCEDURE;
6.1 Upon receipt of Contractor's notice that work has been completed
including "deficiency list" items resulting from earlier inspections,
Architect/Engineer and representatives of the Owner and Contractor will
reinspect the work. Upon completion of reinspection, Architect/Engineer will
either prepare certificate of final acceptance or advise Contractor of work
not completed as required for final acceptance.
01700-2
r
6.2 Contractor will be responsible for performing all the work of the
Contract including correction of all deficiencies noted at the time of
conditional acceptance. The Owner shall be entitled to retain from the
.. Contractor's payment an amount commensurate with the work remaining to
j be accomplished.
7. RECORD DRAWINGS:
7.1 As work progresses, Contractor shall keep a complete accurate record
of all changes or deviations from Contract Documents.- All such changes
r shall be neatly and correctly shown on blackline prints of the Contract
i Drawings or in specifications with appropiate supplemental notes. Record
Drawings will be kept at the job site.
8. MANUALS•
8.1 Before final acceptance, Contractor shall submit to the Architect a
minimum of two (2) end -of -project manual.
8.1.1 End -of -Project Manual: Include copies of log book, worker
information, air sample data, shipping manifests, etc. as called for in
abatement section of specifications.
8.2 Presentation of Data: Where possible data shall be presented on 8 1/2"
x 11" sheets. Foldouts will normally be limited to 11" x17" sheets. Light
sensitive production techniques are acceptable.
9.1 Deliver to Architect/Engineer, in duplicate: written guarantees, reports,
certificates of inspections, and bonds, as required in the Contract
Documents.
9.2 Deliver to Architect, Contractor's Affidavit of Release of Leins and
Payments of Debts and Claims, including all SubContractors, vendors, labor,
materials and services, executed by an authorized officer and duly
notarized.
t 9.3 Contractor shall and does warrent all work performed by, him directly
and for which guarantees are required in all sections of this Specification.
9.4 Contractor shall and does warrant and/or guarantee all work for a
period of one year from date of completion as edidenced by Final
Acceptance of this work. This provision shall not be considered as
conflicting with stated guarantees of longer periods. The guarantees imply
4 and require that faulty materials, workmanship or errors be promptly
corrected by Contractor without cost to the Owner.
r
10. CLEANING, ADJUSTING, AND OPERATION:
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j+ 01700-3
i
10.1 The Project shall be left free of debris, construction equipment, and
surplus material, with all work -areas clean and ready for demolition by the
Owner.
10.2 Contractor will be charged with the ultimate responsibility to see that
work -areas are throughly cleaned before final acceptance of the project.
Final cleanup includes, but is not limited to the following:
10.2.1 Removal of all litter, trash, debris,and waste from the site,
leaving the site and premises in an orderly and clean'condition.
11. FINAL PAYMENT:
11.1 Submit final Application for Payment in accordance with the terms of
the Agreement, indicating adjustment of accounts from original contract
amount including:
11.1.1 Additions and deductions resulting from change orders.
11.1.2 Adjustmnents to cash allowances, if any, with full supporting data.
11.1.3 Deductions for uncorrected work and for liquidated damages, if
any.
11.2 Submit Consent of Surety to Final Payment, AIA Document G707.
END OF SECTION 01700
01700-4
SECTION 02020 - ASBESTOS ABATEMENT PROCEDURES
1.1. General: This section includes all work necessary to reduce air
r-� concentrations of asbestos to the specified level and maintain the specified
asbestos control limits during the life of the contract. It also includes
removal, containment, and disposal of asbestos -containing materials.
1.2. Work Areas: The work areas include the following:
1.2.1 Water heater closets in indicated apartment buildings.
r
+ 1.3. Materials to Be Removed: The following asbestos -containing materials
are to be removed:
1.3.1 Remove all gypboard material within each water heater closet
(gypboard is covered in paper impregnated with asbestos).
1.4. It is the Contractor's responsibility to visit the site to determine the
actual Scope Of Work.
1.5. It is the Asbestos Abatement Contractor's responsibility to leave the
area indicated in paragraph "Work Area," free of specified ACM materials,
and air -borne fiber counts below specified levels.
1.6. Related Work: The Contractor shall perform all personnel monitoring for
' complying with applicable OSHA standards for establishing workers Time
Weighted Averages for asbestos exposure. See Section 02030.
2.1. Total Project Schedule: The total project involves construction,
demolition, abatement, disposal, etc. of a number of areas. The general
project sequence is as follows:
2.1.1 Work shall begin as stated in the contractors notice to proceed and
shall be substantially completed in 15 working days.
2.1.2 Contractor shall coordinate his move -in and all work periods with
the Engineer in writing 10 days before beginning work.
2.1.3 Contractor shall proceed in orderly fashion through the various
buildings of this project. Submit proposed sequence for approval.
3. QUAL.ITY ASSURANCE:
02020-1
3.1. Contractor Qualifications: The Asbestos Abatement Contractor shall be
a firm of established reputation (or if newly organized, whose personnel
have previously established a reputation in the same field), which is -
regularly engaged in, and which maintains a regular force of workers
skilled in asbestos abatement, and shall have performed this work on
previous projects for a period of not less than three (3) years. See
"Submittals" paragraph for information which must be submitted and
approved.
3.1.1 Contractor, contractors supervisor, and all employees shall be
licensed by the state. All shall have current medical requirements of
OSHA regulations. Contractors employees shall sign and return
statements of fact.
3.2. Site Inspection: While performing asbestos abatement work, the
Contractor shall be subject to on -site inspection by OSHA, EPA, Owner's
Representative, etc. If found to be in violation of 29 CFR 1926.58, the
Contractor shall cease all work immediately and remain so until the violation
is corrected. Standby time required to resolve the violation shall be at the
Contractor's expense.
4.1. Monitoring: Monitoring of airborne concentrations of asbestos shall be
in accordance with 29 CFR 1926.58 and defined company policy. Monitor the
airborne concentration of asbestos before starting work daily to obtain a
STEL fiber concentration in the affected areas. Then monitor workers
continuously during the course of the work inside the asbestos work area,
4.2. If monitoring shows asbestos concentrations greater than the asbestos
control limits, stop all work, correct the conditions causing the excessive
levels, and notify the Engineer immediately.
4.3. Site Inspection: While performing asbestos abatement work, the
Contractor shall be subject to on -site inspection by OSHA, EPA, Owner's
Representative, etc. If found to be in violation of 29 CFR 1926.58, the
Contractor shall cease all work immediately and remain so until the violation
is corrected. Standby time required to resolve the violation shall be at the
Contractor's expense.
4.3.1 The contractor shall furnish for regulator inspectors one complete
set of equipment (such as respirators and disposable clothing) required
for entry into the asbestos control area.
4.3.2 Contractor shall provide through out the project a complete set of
equipment (respirator and disposable clothing) for the Owner's air
monitoring/inspector.
. • V.. 11s . •
02020-2
6.1. Isolate each work area for the duration of the work by completely
sealing off the opposite -side wall surfaces of each water heater closet. Also
seal off attic surfaces above water heater closet. Cover with plastic
sheeting taped securely in place.
5.2. Before the work is begun clean all removable items. Remove them from
the work area and store as directed.
5.3. Post warning signs and labels as required by AHERA and 29 CFR
1926.68, ASTM E 849, and as directed by the Owner or Engineer.
6.1. General Procedures: Perform all asbestos related work and comply with
29 CFR 1926.58 and 29 CFR 1910.20, 40 CFR 763 (AHERA), etc. Use general
work practices as specified in 34 CFR Part 231, Appendix C, ASTM E 849,
and other appropriate work procedures approved by Environmental
Protective Agency (EPA).
6.1.1 Fabricate portable mini -containment which shall be positioned at
entry door into water closet.
6.2. Coordination of Work of All Trades: Coordinate the work of all trades to
assure that their work is performed in accordance with the applicable
regulations and that the asbestos control limits are maintained at all times
inside and outside the asbestos work area.
6.3. Remove any removable components within the work space and
completely wipe down and HEPA vacuum to remove all ACM.
6.4. Wipe Down Prior to Clearance Sampling: Once all ACM has been removed
completely wipe down the entire work area. At the end of this wipe -down
take clearance samples. See section "Clean -Up and Disposal" for details of
final cleanup.
6.5. Notify Upon Completion of Removal: Notify ..Engineer or his authorized
representative (air monitoring personnel) that gross removal is completed
and have the work assessed.
6.5.1 NOTE: IT REMAINS ,SOLELY THE CONTRACTOR'S RESPONSIBILITY TO
REMOVE ALL ASBESTOS CONTAINING MATERIALS. THE AFOREMENTIONED
ASSESSMENT BY THE ENGINEER'S/OWNER'S AIR MONITORING PERSONNEL
IS PERFORMED TO HELP EXPEDITE THE WORK, BUT IN NO WAY
TRANSFERS THE RESPONSIBILITY FOR DISCOVERING ALL ASBESTOS TO
THE OWNER/ENGINEER'S REPRESENTATIVE. In the event some ACM is
discovered subsequent to the above -mentioned assessment, it shall be
removed at the Contractor's expense
r 7. CLEAN UP AND DISPOSAL:
r-
f
02020-3
7.1. Provide for cleaning of work are and disposal of containment materials
and bagged ACM materials as described in Section 02090.
8. PROJECT CLOSE OUT AND FINAL PAYMENT:
8.1. Provide project close out as described in Section 01700. The Owner and
Engineer will perform final inspection of work, and issue "Contractor's
Certification of Completion".
8.1.1 Project manual shall include daily logs and contractors air
monitoring results generated during project.
8.2. Contractors payment shall be a lump sum amount, payable after
completing project close out requirements. Project close out and payment
request shall be approved by air monitoring firm, and submitted to owner
for payment.
END OF SECTION 02020
02020-4
SECTION 02030 AIR MONITORING AND LABORATORY SERVICES
1.1. General provisions of contract, General Conditions, Supplemental
Conditions, Special Conditions, Drawings and sections of Division 00 apply
to the work of this section.
2.1. This section describes the air -monitoring services to be conducted by
the air monitoring firm and the manner in which the Contractor shall
coordinate/facilitate these air monitoring services. These services are being
provided to verify for the owner that the work is performed in compliance
with the contract documents.
2.2. Monitoring is performed for both the outside environment and also the
work area to record environmental conditions during abatement and to
ensure that the building remains uncontaminated.
' 2.3. This section also sets the environmental conditions both inside and
outside the containment which are to be maintained during project.
r"
2.4. This section also describes the actions to be taken by the Contractor
and by the air monitoring firm when environmental conditions are breached
r during abatement project.
3.1. The Owner's air monitoring firm will not be providing air monitoring
for the contractors required monitoring\reporting of workers for
establishing Time Weighted Averages (i.e. will NOT be providing "personnal"
sampling).
3.1.1. The Owner or air monitoring firm will not be responsible for
contractor's air monitoring of personnel for the purpose of upgrading
respiratory protection equipment
3.1.2. Contractor shall furnish all required air monitoring for the safety
of his employees, and shall hold Owner\ Air monitoring firm harmless for
failure on the contractor's part to meet these regulations.
r- 3.1.3. Documentation of Contractor's "personnel" monitoring will be kept
as the job site in the contractors log book.
iR 4. AIR MONITORING:
q
r 02030-1
4.1. The Contractor shall coordinate with all air monitoring activities and
shall support these activities in whatever way necessary.
4.2. The air monitoring firm will be conducting air monitoring through out
the project as follows:
4.2.1. BASE LINE: The air monitoring firm will monitor airborne fiber
counts before any abatement work is started.
4.2.2. OUTSIDE WORK AREA: The air monitoring firm will monitor
airborne fiber counts outside the work area during periods that
abatement is being conducted to detect faults in containment, filtration
equipment failure, or contamination of building outside the work area.
4.2.3. INSIDE WORK AREA DURING ABATEMENT: The air monitoring firm
will monitor airborne fiber counts in the work area to determine that
engineering controls are adequate for the project.
4.2.4. CONTAINMENT CLEARANCE: The air monitoring firm will monitor
airborne fiber count in the work area following gross removal and
clean-up. Monitoring will be conduced to determine if the elevated fiber
counts encountered during gross removal have been reduced to
acceptable levels before applying encapsulates or removal of primary
containment barriers. One sample per area will be taken to confirm
visual assessment of area.
5.1. The follow procedures will be enforced to resolve any disputes in fiber
amounts, or fiber types.
5.1.1. Air samples will be secured by the air monitoring firm for TEM
analysis. The cost for analysis of the samples and for the technician's
time (in collecting, shipping, etc. the samples) will be back -charged to
the contractor, regardless of the results of the TEM-analysis and the
cost of such analysis/sample collection deducted from the Contractor's
final payment.
6.1. Final clearance sampling will be conducted to determine for Owners
documentation, that the elevated airborne fiber counts have been reduced
to either the baseline level or to 0.010 fibers per CC (whichever is lower)
of air drawn in any given sample taken.
6.1.1. Final clearance sample will be collected while using aggressive
sampling methods, using an electric powered leaf blower.
6.1.2. Before sampling pumps are started leaf blower will be swept over
all horizontal surfaces, walls, ceilings, and floors.
02030-2
r
7.1. The air monitoring firms Representative will be performing laboratory
analysis of the air samples taken. A microscope and lab will be set up on
site.
7.2. Air samples and laboratory analysis will be performed on site using
Phase Contrast Microscopy (PCM) Method of sample preparation and analysis
will be the NIOSH 7400 method using recommended A counting rules.
7.3. Daily air monitoring reports, by the air monitoring firm, to the Owner
will include daily sample analysis as well as data pertaining to :
7.3.1. Containment and removal methods employed.
7.3.2. Contractor discrepancies and corrective measures.
7.3.3. Worker employed and hours worked.
7.3.4. Method employed by the contractor for monitoring and reporting
of workers exposure to air borne asbestos fiber concentrations.
8.1. The contractor shall have on job site at all times a "Competent Person"
as defined by OSHA regulations. The Competent person shall perform all of
the contractors air monitoring for compliance with OSHA regulations as
stated under 29 CFR 1910.1001 and 1926.58.
8.2. The contractor may use his Competent Person for the sampling and
record keeping, if that person is so trained. If not the contractor shall
furnish at his expense a testing laboratory and technician.
r
8.2.1. The method employed and testing laboratory employed must be
approved by the air monitoring firm.
9.1. Laboratory chosen by the Contractor to provide "personnel" air
�- monitoring shall be regularly engaged in asbestos testing, and personnel
used for monitoring airborne concentrations of asbestos fibers shall be
proficient in this field. Laboratory shall be AIHA approved, or active in
r, NISOH PAT program.
r
9.2. Laboratory chosen shall have the capability of reporting result to
contractor on a daily bases for posting at job site. Copies of results will
be maintained in contractors daily logs.
END OF SECTION 02030
r
l:
.• 02030-3
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i
SECTION 02040 - ASBESTOS ABATEMENT INSPECTIONS
1.1 To include General Conditions, Supplementary Conditions, Special
Conditions, DRAWINGS, and related documents in Division 00.
` 1 2.1 The Contractor shall support the air monitoring firm, who in addition to
performing on site air -monitoring for Owner's records, will be acting as the
Owner's on -site representative during the project. The air monitoring firm
shall provide on -site inspections for the Owners enforcement of the written
specifications. Work shall not begin prior to written notification being
received by the air monitoring firm. Work shall not be conducted without
I air monitoring representative being on the project site.
1"`
2.1.1 The owners intention is to ensure Contractor meets the
requirements of the documents prepared for the project. The inspections
are not to be construed by the Contractor as a delay in work.
2.1.2 NOTE: The air monitoring firm of the Owner's Representative SHALL
HDI be responsible for the Contractor's compliance with any Federal,
State, or Local regulations; this remain SOLELY the responsibility of the
Contractor.
3.1 General: Before any work is allowed to begin the air monitoring firm
shall review all submittals with the Contractor's on -site "Competent
Person". See Specification section titled "Submittals" for information which
must be submitted.
3.1.1 NOTE: NO WORK WILL BE PERFORMED UNTIL SUBMITTALS HAVE
BEEN REVIEW ON-STTF AND ALL DEFICIENCIES ARE CORRECTED. Copies of
all submittals shall be maintained on -site throughout; the project.
4.1 Inspection of the work area, work area containment, and equipment and
supplies shall be conducted by the air monitoring firm before removal of
asbestos containing materials begins.
4.2 Any discrepancies will be corrected by the contractor prior to the
beginning of removal.
02040-1
5.1 Multiple inspections of the containment, work area, etc. will be
conducted by the air monitoring firm at random intervals during the
removal -period to ensure that work is proceeding in accordance with
contract documents.
5.2 Inspections of the containment, work area, etc. will also be conducted
by the air monitoring firm after removal is complete but prior to
application of encapsulates.
5.3 Any deficiencies will be corrected by the contractor immediately. Remove
any residual ACM prior to applying encapsulation. Any re -cleaning will be
the contractor's expense.
5.3.1 NOTE: It remains SOLELY the contractors responsibility to remove
all ACM materials. The aforementioned assessment by the representative
in no way transfers the responsibility for discovering all ACM to the
air monitoring firm.
6.1 Inspection shall be accomplished .prior to removal of any poly sheeting.
After final cleaning of the containment area, the air monitoring firm shall
conducta final visual inspection of all surfaces in the containment area. If
no ACM is discovered air monitoring firm will collect clearance samples
while using "aggressive" air sampling techniques.
6.2 Failed clearance sampling will require re -cleaning of the containment
area and re -sampling. Second sampling test will be classified as a re -test
and backcharged to the contractor (the cost of such re -sampling will be
deducted from the Contractor's final payment).
7.1 A building -by -building final inspection will be conducted of each work
area after the contractor has removed the containment, critical barriers,
and all equipment for the area. Instructions will be issued to the
contractor for any items requiring correction or completion. Such items
shall be promptly corrected by the contractor and reinspection
accomplished by on -site air monitoring. personnel.
7.2 Subsequent to this final inspection (and during the time that asbestos
is being removed in other buildings) previously abated and cleared
building may be demolished.
_ 8.1 Items requiring corrections shall be accomplished immediately.
02040-2
8.2 Failed final clearance testing shall becharged back to the Contractor.
END OF SECTION 02040
r' 02040-3
I
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SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION
1.1 This section describes the equipment and procedures for protection of
workers against asbestos contamination.
2. REFERENCES:
r•.
2.1 General: The following standards are made a part of the contract
documents by reference and shall be enforced as if they were written into
r„ the specification in their entirety. The listed standards shall be "minimum
acceptable"; comply with more stringent requirements of these specifications
where such requirement exists.
2.1.1 ANSI: ANSI-Z180.2, Practices for Respiratory Protection.
2.1.2 OSHA
A) 29-CFR-1910.134 Respiratory Protection
B) 29-CFR-1910.1001 Asbestos
PART 2 - EQUIPMENT
3. PROTECTIVE CLOTHING:
3.1 Coveralls : Provide disposable full body hooded "TYVEK" polyolefin or
polypropylene suits. Spun poly suites are not acceptable.
3.1.1 All persons entering the work area will be required to wear suits.
3.1.2 Contractor shall provide sufficient number of changes for all
workers and inspectors on the project.
3.2 Foot Covers: Provide foot covers for workers and inspectors.
3.3 Gloves: Provide water -proof glove for all workers and inspectors.
4.1 General: Respiratory protection will be required in all work areas and
r- during all phases of project, to include: critical prep work, glove bag
removal, waste load out, decontaminating of worker and work area.
1,
1 02050-1
4.2 Respiratory protection for workers shall be provided by the Contractor
as required by current OSHA regulations. Respirators used shall be
selected from those approved by the Mine Safety and Health Administration
(MSHA) and the National Institute for Occupational Safety and Health
(NIOSH) for use in atmosphere containing asbestos fibers.
4.2.1 NIOSH-approved respirators contain the following: an assigned
identification number placed on each unit; a label identifying the type
hazard the respirator is designed to protect against; additional
information on the label which indicates limitation 'and identifies the
component parts approved for use with the basic unit.
4.3 Respirator Protection Factors: All respirators shall have' at least the
following protection factors:
Respirator Type
Protection Factor
Half -Mask Air Purifying: 10
Negative Pressure, full face 50
Powered -air, full face (PAPR) 100
4.4 Filter Cartridges: The contractor shall provide as a minimum, HEPA type
filters labeled with NIOSH and MSHA certification for "Radionuclides, Radon
Daughters, Dusts, Fumes, Mists, including Asbestos Containing Dusts and
Mists, and color coded in accordance with ANSI Z228.2 (1980)
5.1 General: All person entering work area shall; wear all elements of the
listed protective clothing. No protective clothing shall be worn outside the
work area.
5.2 Contractor shall provide for sufficient number of changes for all
workers and inspector on the project.
5.3 Foot Covers: Provide foot covers for worker these foot covers are not
to be worn out of the work area.
5.4 Gloves: Provide water proof glove for all workers and require they be
worn at all times in the work area. Do not remove gloves from the work
area.
5.5 Special Clothing Procedures for Mini -Containment Removal:
5.5.1 Background: These procedures apply only for abatement projects
where mini -containments are utilized and where fiber -count does not
exceed 0.1 fibers per CC.
02050-2
5.5.2 Protective Clothing: At the start of each shift the worker will be
required to put on two full body suites, and foot wear covers before
entering the work area.
5.5.3 Dry Decontamination: All workers leaving the work area will be
required to decontaminate in the following manner:
A) Before leaving the work area each individual will be required to
have thier entire suit HEPA vacuumed. Then, while ' still wearing their
respirator, each person shall remove the outer suit, turning it inside
out as it is removed.' All removed outer suit shall be placed into a
disposal bag and treated as ACM -waste material.
B) Each worker shall then exit the work area while still wearing
respirator and remaining suit and proceed to either second mini -
containment or to shower location for final decontamination. If
workers leave one mini -containment and go to enter a second, they
shall put on a second outer -suit similar to procedure for entering
first mini -containment.
5.5.4 Final decontamination:
A) Workers shall exit work area in second suit and respirator then
proceed to centrally located decontamination unit. Workers shall enter
unit through equipment room, remove suit and place in disposal bag,
shower, and exit shower to clean room.
6.1 Respiratory Protection Program: The contractor shall comply with ANSI
Z288.2-1980 "Practices for Respiratory Protection" and OSHA 29 1910 and
1926, and specified requirements.
6.2 The contractor shall enforce company program and ensure respiratory
protection is used by all employees on the project any time workers are in
work area, regardless of activities performed or airborne fiber counts.
6.3 The contractor shall instruct and train all employees involved in
asbestos removal, repair, encapsulation and disposal in the proper use,
inspection and cleaning of respirator.
6.4 The contractor shall be responsible for assuring all employees wear the
proper respiratory protection for the fiber level encountered in the work
place
6.5 Respirators are required from the start of the project until the work
area is completely decontamination and all waste has been disposed and
area has been cleared.
02050-3
6.6 The contractor shall provide a licensed supervisor for the duration of
the project to act as his "Competent Person" as defined by OSHA
regulations.
6.7 Minimum Respiratory Requirements: The minimum respiratory
requirements for this project are as follows: ,
6.7.1 Full -face, air purifying respirator: Use full -face respirator
equipped with high efficiency (HEPA) filters while doing preparation
work only,; no abatement work will be done while ` wearing this type
respirator.
6.7.2 Powered Air Purifying Respirators: Use high efficiency powered
air -purifying respirators whenever the fiber count is less than 1.0
fibers/cc.
6.7.3 Type "C": Use type "C" supplied air respirators whenever the
fiber count is 1.01 fibers/cc or greater.
6.7.4 Restricted respirator type: half -face, air purifying respirators will
NOT be used at any time on this project.
4.2.1.Upgrading protection: At any time during the project that airborne
fiber concentrations increase to the point that fiber counts inside the mask
would exceed 0.01 fibers/cc all work shall cease and all workers shall leave
the work area until respiratory protection is upgraded and/or improved
engineering controls are implemented. _
6.8 Respiratory Protection for Site Inspection Personnel: The project shall
be subject to on -site inspection by OSHA, EPA, Owner's Representative, etc.
Contractor shall provide clean respiratory equipment for any and all
inspectors. Contractor shall provide throughout the project a complete set
of equipment (respirator and disposable clothing) for the Owner's air
monitoring/inspector.
6.8.1 If found to . be in violation of 29 CFR 1926.58, the Contractor shall
cease all work immediately and remain so until the violation is corrected.
Standby time required to resolve the violation shall be at the
Contractor's expense.
END OF SECTION - 02050
02050-4
r
SECTION 02070 - CONTAINMENTS
1.1 This section describes the containment and decontamination unit the
contractor shall employ for each work area.
1.2 All asbestos abatement work will occur in mini -containments erected
outside each water heater closet.
2.1 Polyethylene sheeting: Provide polyethylene sheeting of 4 mil thickness
sized for application.
2.2 Adhesive tape: Provide adhesive tape in 2" or 3 widths with adhesive
formulated to adhere to poly in hot, humid and wet removal conditions.
2.3 Spray adhesives: Provide spray adhesive formulated for application with
poly, and other surfaces in hot, humid and wet removal conditions.
2.4 Signs: Contractor shall post OSHA required asbestos hazard warning
signs.
r-
2.5 HEPA Filtration Device: Contractor shall provide HEPA filtration device
for each work area.
2.6 Wood Studs: Provide stud -grade 2x4, 2x6, 2x8 etc. pine.
3.1 Signs: Contractor shall post warning signs marking each work area.
4.1 General: Erect mini -containment at entrance to each waterheater closet.
These containments shall be large enough for one worker to accomplish the
following tasks:
4.1.1 Remove gyp board from walls of water heater closet,
4.1.2 Insert same into disposal bags,
C
r" 02070-1
t
4.1.3 Vacuum/clean bags prior to transfering out of containment,
4.1.4 HEPA-vacuum work area,
4.1.5 HEPA-vacuum protective suit,
4.1.6 Remove outer suit in preparation of departing one mini -containment
for second mini -containment.
4.2 Mini -Containment Size: Each mini -containment shall be no less than 4'x4'
in plan -dimension. Increase in size as necessary.
4.3 Mini -Containment Construction: Mini -containment shall be constructed of
wood studs and covered with two -layers of 6 mil poly. Arrange as 4'(long)
x 4(wide) "cooridor" with one opening attached to building (at doorway
into water heater closet) and the other opening serving as the entryway
into the containment.
4.3.1 Mini -containments may be reused at the various buildings so long
as cleanup is thorough and relocation does not weaken structure.
4.4 Containment: As a minimum, the each containment shall have the
following features:
4.4.1 Entry, way: Completely seal entry. Fabricate doorway from 2
overlapping polyethylene sheeting with opening fit to door way. Position
so flaps overlap each other. Provide additional weights at bottom of each
for secured closure.
4.4.2 Critical prep: Completely seal all openings into each waterheater
closet. Seal opposite side of stud wall and top of rafters so that
integrity of containment will not be compromised when gyp board of
water heater closet is removed.
4.4.3 Filtration device: Place HEPA device .inside building in kitchen,
adjacent wall seperating kitchen from water heater closet. Cut opening
in gyp board of kitchen -side of wall and connect fan -inlet duct to this
opening. As soon as workers enter containment they shall cut
cooresponding opening in water heater -side of wall, thereby allowing air
to enter mini -containment through entry -doorway and then discharging
through wall opening into filtration device.
4.4.4 Drop Cloth: Place poly sheeting drop cloth on sidewalk outside
waterheater closet.
4.5 Decontamination unit: Construct decontamination unit in central location
which shall be designated at pre -construction meeting. Construct unit with
equipment room, shower, and clean room.
02070-2
r"
4.5.1 One of the buildings
on the
site may be cleaned up and used for
this purpose. Coordinate desired
building to use for this purpose and
clean out all debris. Poly
all wall,
fllor and ceiling surfaces and install
temporary shower facility.
Collect
water from shower and filter prior to
discharging into sewer.
4.6 Decontamination Procedure: See
Section 02050 for description of dry
{
decontamination procedure.
END
OF SECTION
- 02070
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F
t
SECTION 02080 - ASBESTOS REMOVAL METHOD
4 e angle) .
1.1 This section describes the removal method for asbestos containing gyp
board.
2.1 Wetting agents: Provide wetting agents for wetting ACM before
disturbance, use either amended water of diluted removal encapsulates.
2.2 Pump sprayer: Provide pump sprayer with capacity of delivering a
spray under pressure.
3.1 General: Remove all gypboard wall -surfacing materials on the interior
face of the walls creating each water heater closet.
3.1.1 Extent of Work: See attached siteplan and inspect site.
3.2 Project Team: Before beginning removal designate a removal team to
consist of one person inside containment and one person outside
containment (each suited in two "tyvek type" suits) and wearing a minimum
of PAPR respirators).
3.3 Removal of Asbestos Containing Gyp Board:
3.3.1 Inside critical prepped room thoroughly wet all gyp board to be
removed with amended water or penetrating encapsulates, and allow to
soak in thoroughly.
3.3.2 Remove wood trim prior to removing any ACM.
3.3.3 Remove gyp board in as large a piece as possible. Carefully lay
removed materials in bottom of disposal bag, and soak with amended
water.
3.3.4 Thoroughly rinse removal tools and place in disposal bag which will
be used to transport tools from one mini -containment to the next.
t
I
02080-1
Scrub/wipe wall materials which will remain to remove remaining
materials, clean and rinse thoroughly. NO ACM TRACE AMOUNTS WILL BE
ALLOWED TO REMAIN.
3.3.5 Spray encapsulates on thoroughly cleaned wall materials.
3.4 Disposal Bag Procedures:
3.4.1 Twist disposal bag tightly at top, form approximately 12 inch neck,
tape seal. Fold formed seal over and tape second time forming a "goose
neck seal".
3.4.2 After wiping down exterior of bag thoroughly insert into second
bag. Tie top as described above and pass out through entry.
3.5 As each water heater room is completed notify Engineer or his
authorized representative (air monitoring personnel) that gross removal is
completed and have the work assessed.
3.5.1 NOTE: IT REMAINS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO
REMOVE ALL ASBESTOS CONTAINING MATERIALS. THE AFOREMENTIONED
ASSESSMENT BY THE ENGINEER'S/OWNER'S AIR MONITORING PERSONNEL
IS PERFORMED TO HELP EXPEDITE THE WORK, BUT IN NO WAY
TRANSFERS THE RESPONSIBILITY FOR DISCOVERING ALL ASBESTOS TO
THE OWNER/ENGINEER'S REPRESENTATIVE. In the event some ACM is
discovered subsequent to the above -mentioned assessment, it shall be
removed at the Contractor's expense.
END OF SECTION 02080
02080-2
SECTION 02090 - CLEAN-UP AND DISPOSAL
1.1. This section describes the method contractor will employ for the clean-
up and disposal of work area
2.1. Permits and Notifications: Secure necessary permits in conjunction with
asbestos removal, hauling and disposition and provide timely notification of
such actions, as may be required by federal, state, regional, and local
authorities. Notify the Regional Office of the U.S. Environmental Protection
Agency and provide copies of the notification to the Engineer. Provide
notification in accordance with CFR 61.22(d)(1).
2.2. Housekeeping: Essential parts of asbestos dust control are
housekeeping and clean-up procedures. Maintain all surfaces throughout
the building free of accumulations of asbestos fibers to prevent further
dispersion. Give meticulous attention to restricting the spread of dust and
debris, keep waste from being distributed over the general area. Use
approved industrial vacuum cleaners with a HEPA filter to collect dust and
r small scrap. The blowing down of the space with compressed air is
G forbidden. Post appropriate asbestos hazard warning signs. In all possible
instances workmen shall clean up their own areas. Equip personnel engaged
r-in cleaning up asbestos scrap and waste with necessary respiratory
equipment and protective clothing.
Not Applicable
3.1. Collect and dispose of asbestos waste, scrap, debris, bags, containers,
equipment, and asbestos contaminated clothing in sealed impermeable bags.
3.2. Prior to placing in bags, or containers, wet down asbestos wastes to
reduce airborne concentrations.
3.3. Waste asbestos materials shall be disposed of in accordance with all
Federal regulations implementing the intent of the Resource Act (40 CFR
260-265) at an EPA approved sanitary landfill. The "small quantity
P"
t
t" 02090-1
exclusion" of the regulations shall not apply to disposal of waste asbestos
materials.
3.4. Establish a temporary holding area approved by the Engineer for
properly packaged asbestos waste. This area is only to be used during the
regular asbestos Contractor's work hours prescribed in the paragraph
"Sequencing/Scheduling".
4.1. After all ACM materials have been removed, bagged, and transferred
out of the containment the air monitoring firm will inspect the work area to
establish that all gross amounts of ACM has been removed. Visual
observation of asbestos materials, dust or debris is not permitted on any
surface in or around the work area.
4.2. Prior to notification, Contractor shall remove all bagged ACM and be
ready to start final cleanup. Contractor shall remove any additional sheets
of floor or wall covering, being careful to not break the containment.
5.1. If Owner's representative does not take exception to Contractor's
position (that all gross removal is completed), then Contractor shall proceed
to thoroughly wet clean and/or HEPA vacuum the entire work area. If the
Owner's representative feels that all gross ACM has not been removed, then
the Contractor shall accomplish whatever additional work is required to
remove any residual ACM.
5.2. Clean work area in accordance with EPA approved methods: wet -clean
the entire work area (every surface, every fixed piece of equipment, every
light fixture, etc.), spray with a sealant, allow to dry. After this first
cleaning, wait 24 hours for dust -to settle and repeat the entire thorough
wet -cleaning process. Following this cleaning notify Owner's representative
that the area is ready for final testing.
6.1. Upon notification that the area is ready for ready for clearance
sampling, Owner's representative shall perform the clearance air sampling.
6.2. Re -Testing for Final Clearance: In the event the work area does NOT
pass the first air clearance testing (the concentration of asbestos fibers is
outside stated limits), then Contractor shall reclean the entire area by
thoroughly wet -wiping every surface in the work area (floor, wall, ceiling,
etc.). At the end of this re -cleaning process the Contractor shall notify the
Owner's representative who shall again take the required air samples.
02090-2
7.1. Once the area has been inspected and the fiber count is below the
level stated previously in specification section 02030, and after
authorization from Owner's representative, the mini -containment shall be
removed.
7.2. All workers shall continue to work in full protective clothing: disposal
coveralls, powered, air -purifying respirators, etc.
7.3. Remove containment walls folding carefully so that the side facing into
the containment is on the inside of the fold. Cut walls into sections of
sufficient size as to allow disposal in 6-mil bags.
7.4. Dismantle decontamination unit disposing of all waste materials in an
approved fashion. Ensure that all materials which are not to be bagged and
delivered to waste dump site are thoroughly cleaned.
7.5. After all materials have been bagged and the final shipment loaded on
the vehicle for transport to the dump site, workers shall remove disposable
suits, place within waste disposal bag and load onto truck.
7.6. Contractor shall comply NESHAP regulation in 40 CFR and State of
Texas regulation for waste disposal in TAC.
7.7. Contractor shall manifest loads on State of Texas Waste Manifest,
properly executed.
7.7.1. Contractor shall submit manifest and landfill receipts to Engineer
at project close out.
END OF SECTION 02090
�"` 02090-3
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SPECIAL CONDITIONS
-44-
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ASBESTOS ABATEMENT
=KEpg __ .7
8 q paq as-swt 9 CANYON LAM APARTMENTS
Luewct. �0
Ir.
Office of
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock, Texas 7S457
S06-767-2167
September 13, 1991
PADGETT CONSTRUCTION CO.
PO BOX 2895
ATTN: LEO PADGETT
LUBBOCK TX 79408
SUBJECT: ACM ABATEMENT - CANYON LAKES APARTMENTS
The City of Lubbock, having considered the proposals submitted and
opened on the 25th day of August, 1991, for work to be done and
materials to be furnished in and for:
City of Lubbock Bid # 11512
ACM Abatement - Canyon Lakes Apartments
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that your
proposal is fair, equitable and to the best interest of said City,
please take notice that said proposal was accepted by the City Council
of the City of Lubbock on the September 12, 1991, at the bid price
contained therein, subject to the execution of and furnishing of all
other documents specified and required to be executed and furnished
under the contract documents. It will be necessary for you to execute
and furnish to the City of Lubbock all such documents within ten (10)
days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal,
will be returned upon the execution of such contract documents and bonds
within the above specified ten (10) day period. In the event you should
fail to execute and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by the City of
Lubbock.
CITY OF LUBBOCK
Gene Eads, C.P.M.
Purchasing Manager
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