HomeMy WebLinkAboutResolution - 4737 - Contract - ASAI - ACM Abatement - 02_09_1995Resolution No. 4737
February 9, 1995
Item #28
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and ASAI of Lubbock to furnish and install all materials as bid for
the ACM Abatement at various locations on Indiana Avenue for the City of Lubbock, which
contract is attached hereto, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 9th
ATTEST:
Betty M. Johnson,vCity Secretary
APPROVED AS TO CONTENT:
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Victor Kilmdn, Purchasing Manager
APPROVED AS TO F
Assistant City Attorney
DGV:dp\G\ccdocs\ASAI..Res
February 1, 1995
day of February
1995.
CITY OF LUBBOCK
SPECIFICATIONS FOR
ACM ABATEMENT AT VARIOUS LOCATIONS
ON INDIANA AVENUE
BID #13152
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CITY OF LUBBOCK
Lubbock, Texas
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CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: ACM ABATEMENT AT VARIOUS LOCATIONS ON INDIANA AVENUE
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13152
PROJECT NUMBER: 9350.9280
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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PEI
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF TIM AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
No Text
NOTICE TO BIDDERS
BID #13152
Sealed bids addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing
Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock a.m. on the 25th day of
January.1995, or as changed by the issuance of formal addenda to all planholders, to furnish all Libor and materials and perform all
work for the construction of the following described project:
ACM ABATEMENT AT VARIOUS LOCATIONS ON INDIANA AVE
After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer 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 Purchasing Manager for the City of
Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 9th day of February.1995, at the Municipal Building, 1625 13th Street,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any
formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 1001/o of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. 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, Lubbock, Texas.
Oh- Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
^, requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
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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
r not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a pre -bid conference on 17tb day of January,1995, at 10:00 o'clock a.m., in the Purchasing Conference
Room L04, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information inside available in a more accessible
t format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK.
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LAURA RITCHIE
BUYER
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ADVERTISEMENT FOR BIDS
BID #13152
Sealed bids addressed to Laura Ritchie, Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the
Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 3:00 o'clock p.m. on the
25th day of January,1995, 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 AT VARIOUS LOCATIONS ON INDIANA AVENUE
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
publicly read aloud.
The plans, specifications, bid forms 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, disability, or national origin in consideration for an award.
There will be a prebid conference on the 17th day of January, 1995, at 10:00 am., in the Purchasing Conference Room
L04, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
Xtt4a L/?I(-//LL L*
LAURA RITCHIE
BUYER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the ACM ABATEMENT AT VARIOUS LOCATIONS ON INDTANA
AVENUE.
All work covered by this contract shall be done in accordance with contract documents dcscnbed in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
Contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. TWE AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 30 (Thirty) consecutive calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract .
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified
S. 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.
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
k furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
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8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall famish 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 directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the 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 materials to be
incorporated into the work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures 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 signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
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and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
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 blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
i further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
r 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.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
i to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
�... insurer waiving the right to subrogation.
The 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
t 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
r general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
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(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 Owners Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
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 deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
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 increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
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, distinctly and legibly, or typewritten. In rase 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 individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal
signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an
official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the 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 pmjcct).
21.
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.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(1) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
N 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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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: LuP"eoce- ,-Fx
DATE: J►,nua ru ZS. I Q Q
PROJECT NUMBER: #13152 - ACM ABATEMENT AT VARIOUS LOCATIONS ON INDIANA AVENUE
Proposal of Q SA F (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a ACM A ViA-rE.M E /J—'
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding 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, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
MATERIALS: SF—V -M + 6 USlaND AUfl N�i� ' (S
SERVICES: Mirye +11cuSA-Iyr1--3' Ir I"F1 A&JD��C>y (S q;Qo�ao )
TOTAL BID: S t x Tfi.E)J 4i10 uS rWD OWE 4UMbr.. C-43 A.t1b �ioo (S 10 3610 n 66 )
(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 sum of
S100.00 (ONE 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 instruction
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.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
7 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 agues to commence work on or
` before the date specified in the written notice to proceed, and to substantially complete the work: on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) 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.
Enclosed with this proposal is a Cashier's Check or Certified Check for _5016
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 contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
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(Seal if Bidder is a Corporation)
ATTEST:
Secretary
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STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL, STATUTES OF TEXAS
AS ANIENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that
Principal(s), and
(hereinafter called the Principal(s), as
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of Dollars ($ ) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
MIEREAS, 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 subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 hem -in.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of
19
Surety
*By:
(Title)
Principal
L13
(Title)
By:
(Title)
By:
(Title)
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:
Approved as to form:
City of Lubbock
By:
(Title)
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.
No Text
Poo
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STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL. STATUTES OF TEXAS AS
^ AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
r KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
a,
(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
P' payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
r„ 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
j length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
r" perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwisd
to remain in full force and effect.
r.. 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
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Surety Principal
* By:
(Title)
By:
(Title)
By:
(Title)
(Title)
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.
CERTIFICATE OF INSURANCE
j CERTIFICATE OF INSURANCE
F
PRODUCER
United Commercial Insurance Agency, Inc.
64 Fast Broadway Road, Suite 210
Tempe, Arizona $5282 Tel: (602) 921-0600
ASAI
P 0 Box 1049
Lubbock, Tx 79408
DATE: 2 /Q 7 / 9 5
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFCATE HOLDER. THIS CERTIFICJ
DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORTED BY T
POLICIES BELOW.
ANTES AFFORDTNG COVERAGE
COMPANY A: RELIANCE =�COMPANY OF ILLIN01
COMPANY B: Cp:T)T4' rwmi mt TM-gTTAAMr R rrW-PAMV
COMPANY C:
COMPANY D:
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMES ABOVE FOR THE POLIO
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESECI
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORED BY THE POLICIES DESCRIBED HEREIN IS SUBECT TO
THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS,
PoUGy POUC'Y
OTEMP WRATION
Tvov AC Ifief DAMM! Gnu ICY NUM PR RATE GATE I WAITS fin 21
GENERAL LIABILITY
NGI 201 6922 01
9/1/94
9/1/95
GENERAL AGGREGATE 2,000,
COMPPAW
PRODUCTS-COMP/OP AGG 2,000,
A XCOMMERCIAL GENERAL LIABILITY
PERSONAL & ADV INJURY 2,000,
CLAIMS MADEVJ OCCUR
EACH OCCVRANCE 2' 000,
OWNER'S aIV CONT PROT
FIRE DAMAGE (Any One person) 50,
X ASBESTOS LIABILITY
MED EXP (Any one person) 5 ,
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
CanIPAN1'
ANY AUTO
BODILY INJURY
ALL OWNED AUT08
(Per person)
SCHEDULED AUTOS
BODILY INJURY
HIRED AUTOS
(Per occident)
NON -OWNED AUTOS
PROPERTY DAMAGE
EXCESS
LIABIUTY
EACH OCCURRENCE
CmWAm
UMBRELLA RORM
AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION
STATUTORY LIMITS
AND EMPLOYERS' LABILITY
EACH ACCIDENT
OOMPANY THE PROPRIETOR/
DISEASE - POLICY LIMIT
PARTNES/EXECUTIVE Hincluded
DISEASE -EACH EMPLOYEE
OFFICES RE' excluded
OTMELA ME MAVEs ASB=STOS AAB190-364-y2 9/1/94 9/1/9S $1,000,000 EACH LOSS a AGOR232TE,
8 pom vr_ON COVERAGE $5,000. DEDUCTABLE EACH C:AL%l ;•
DURING TRIWSPORTATION
I 3RIPTION OF OPERA 10 S/ OCATIO S/VE ICLES PECIAL ITEM
PROJECTI CITY OF LUBBOCK Additional Insured: City of Lubbock
CONTRACT AMOUNT: $17, 360 , 0 0
START:2/22/95 COMPLETE:3/10/95
PROJECT NUMBER. 16
CITY OF LUBBOCK
DEPARTMENT OF PURCHASING
P.O. BOX 2000
r LUBBOCK, Tx 79401
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMP,
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO h
SUCH NOTICE $HALL 11MPOSE NO OBLIGATION OR LIABILITY OR
KIND UAN THE COMPANY, ITS AGENTS OR REPRESENTATIVE:
REPRESENTA
LEE W. CLE
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CA-MW.. .*..S0fR.....a F;
E1 N........ MMMWM
03/016/95
WI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
I
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Cam Fannin Insurance Agency, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
79 ;
1810 50th Street POLICIES BELOW.
P. O. Box 6745 COMPANIES AFFORDING COVERAGE
Lubbock, TX 79493-6745
COMPANY A STATE FARM MUTUAL AUTOMOBILE I
LETTER
COMPANY B
INSURED LETTER
ASAI, Inc. COMPANY c
ASAX/Roche Newton LETTER
P. O. Box 1049 COMPANY D
Lubbock, TX 79408-1049 LETTER
COMPANY
LETTER E
VERA
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 IREOUIREMIENIT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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
LTR
TYPE OF INSURANCE
POLICYNUMBER
POLICY EFFECTIVE
DATE (MMIDDIM
POUCY EXPIRATION
DATE (MM=IM
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
S
PR30UCTS-OOMPIOP AGG.
S
COMMERCIAL GENERAL LIABILITY
I CLAIMS MADEa OCCUR
PERSONAL & ADV. INJURY
$
EACH OCCURRENCE
III
OWNERS & CONTRACTORS PROT
FIRE DAMAGE OM one fire)
S
MED.EXPENSE (AMonsperson)
S
A
AUTOMOBILE UASIUrT
ANY AM
B700743AI943
07/19/94
07/19/95
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per person)
20,000
ALL OWNED AUTOS
X SCHEDULED AUTOS
BODILY INJURY
(Pei —Went)
40,000
HIRED AUTOS
NON -OWNED AUTO
PWOPERTY DAMAGE
i 15,000
GARAGE LIABILITY
EXCESS LIABILITY
EACH OCCURRENCE
III
AGGREGATE
UMBRELLA FORM
........... ... ...
OTHER THAN UMBRELLA FORM
9TATumm LIMITS
WORKERV COMPENSATION
EACH ACCIDENT
AND
DiS1SASE-POLICY LIMIT
EMPLOYERS' LIABILITY
DOEASE-EACH EMPLOYEE
S
OTHER
DESCRIPTION OF OPERATIONSAjOCATIONSIVEHICLESISPECIAL ITEMS
Certificate Holder in also shown as Addtional Insured on the above
policy. This policy applies to 1994 Isuzu 48866 only.
.........................
A.0 k
F'1) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
City of Lubbock MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
P. O. Box 2000 LIABILITY OF IOND UPON THE COMPANY, 0 AGENTS OR REPRESENTATIVES.
Lubbock, TX 79457 AUTHORIZED REPRIESENTATIn Ir
CAM FANNIN INSLIiANCE AGENCY x.
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PRODUCER
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F•:: r:: i}:•} 4:•rr %{•rr:•}}:}>}r:+• : • :F•%:}.::
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
eaONFERS
Cam Fannin Insurance Agency, cy, Inc.Inc .
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
1810 50th Street
POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
P. 0. Box 6745
Lubbock, TX 79493-6745
LETTER A AccEPTANCB INS CO
COMPANY B
LETTER
INSURED
ASAI, Inc.
ASAI/Roche Newton
COMPANY C
LETS
COMPANY D
LETTER
P. 0. Box 1049
Lubbock, TX 79408-1049
COMPANY E
LETTER
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDD(YY)
POLICY EXPIRATION
DATE (MM/DWM
GENERAL
LIABILITY
GENERAL AGGREGATE
i
PRODUCTS-COMP/OP AGG.
S
COMMERCIAL GENERAL LIABILITY
CLAM MADE a OCCUR
PERSONAL 6 ADV. INJURY
S
EACH OCCURRENCE
S
OWNER'S 6 CONTRACTORS PROT.
FIRE DAMAGE (Any one Pre)
S
M'M.EXPENSE(Anyoneperson)
S
A
AUTOMOBILE LIABILITY
ANYAUTO
ASA113XCESS00295
02/03/95
08/18/95
LIMM�t31NEosINGLE
_ $,000,OOC
BODILY INJURY
(Par person)
_
ALL OWNED AUTOS
X SCHEDULED AUTOS
BODILY INJURY
(Per aoddenq
S
HIRED AUTO
NON43 ED AUTOS
MN
GARAGE UAEfUTY
PROPERTY DAMAGE
S
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
S
UMBRELLA FORM
<. >:
OTHER THAN UMBRELLA FORM
STATUTORY UMITS
WORKER'S COMPENSATION
EACH ACCIDENT
S
AND
DISEASE-POUCY LIMIT
S
EMPLOYERS' LIABILITY
DISEASE -EACH EMPLOYEE
S
OTHER
DESCRIPTION OF OPERATIONSA.00ATIONSIVEHICLESISPECUAL ITEMS
Auto Liability applicable to/ 1994 Isuzu #8866
Certificate Holder is also shown as Additional Insured on this policy
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
City of Lubbock MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
P. 0. Box 2000 LIABILITY OF ANY IQND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
?} AUTHOR® REPRESENTATIVE
Lubbock, TX 79457 #; r'
CAM FANNIN INSURANCE AGENCY.
_
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ISSUE DATE (MM/DD"
aCIlls/. CERTIFICATES OF INSURANCE
01/25/199
PRODUCER
THIS CERTIFICATES ISSUED AS A MATTM-
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA
r' l v t n N . King I Il`�U r a nce Services
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TI
100 E . 15th Street, Suite 204
POLICIES BELOW.
Fort Worth, Texas 76102
COMPANIES AFFORDING COVERAGE
COMPAN
LETTER Y A CREDIT GENERAL INS. CO. OF TEXAS
Odyssey Services,OMPANY
Inc.I nC .
LETTER B
INS RED
Euless )
310 S. Industrial Blvd.
LETTERYC
Euless, TX 76040
Re: A .S .A . I . & Roche Newton
LETTERNY D
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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
LTR
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MMIDD/YY) DATE (MM/DDNY)
GENERAL LIABILITY
GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG. $
CLAIMS MADE OCCUR.
PERSONAL & ADV. INJURY S
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE II
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABILITY
COMBINED SINGLE
S
ANY AUTO
LIMIT
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY INJURY
$
NON -OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE S
EXCESS LIABILITY
EACH OCCURRENCE $
UMBRELLA FORM
AGGREGATE $
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKER'S COMPENSATION
EACH ACCIDENT 81,000,0
A AND TWC 200-009-02
O 1 /01 /95 01 /01 /96 DISEASE —POLICY LIMIT S 1,000,0
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE S 1 s OOO s 0
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
CERTIFICATE HOLDER
; CANCELLATION
A580TXS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Th
Clty Of Lubbock
EXPIRATIQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T
1 O
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TF
LEFT, B ILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION C
P . 0. Box 2000
LIABILgOfIFAV KIND UPON THE O&PANY, ITS AGENTS OR REPRESENTATIVE
Lubbock, TX 79408
AUTHO t R SENTA
1n N. King
ACORD 25-5 /90
CACORD CORPORATION 1
t
p�
t
FCONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 25th day of January 1995, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to
as OWNER, and ASAI of the City of LUBBOCK. County of LUBBOCK, and the State of TEXAS, hereinafter termed
CONTRACTOR
i� WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
r,. agrees with OWNER to commence and complete the construction of certain improvements described as follows:
i
BID # -13152 - ACM ABATEMENT AT VARIOUS LOCATIONS ON INDIANA AVE. FOR $16,900.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
i 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.
r
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
Fyear and day first above written.
r" ATTEST:
c�4
l Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
1
C,
1.
' 1
P
ATTEST:
Corporate Secretary
CONTRACTOR
CO TE RESS:
GENERAL CONDITIONS OF THE AGREEMENT
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 contract, it shall be
understood as referring to the City of Lubbock, Texas.
F2. 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: A.SAI who has agreed to perform the work embraced in
this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
+ Whenever the word Owner's Representative or representative is used in this contract, it shall. be understood as referring to
ED BUCY, RIGHT-OF-WAY AGENCY. 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 particular 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 DOMIENTS
The contract's 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.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
r Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
! but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
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8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETID
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment
10. LAYOUF
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 documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all uses, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the
parties hereto to arbitration or to any action on the contract, and to any rights of the 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 30 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 direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom 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
r' written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. 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
r 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 may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
+� done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
r. Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
�. appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be 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.
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17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal 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 disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any Iocation
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether OAmer's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
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If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be 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 Owner, 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 requiremimts of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in frill
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of this contract and the accompanying bond
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or idterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
r- Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
A-. Method (B) By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (I S%) per cent.
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In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and 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 matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100°/a, 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°/a) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the 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
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
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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
t and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
t "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
1 failure of Contractor or any subcontractor to provide necessary: barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its offiaxs, 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 m2y be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
r. the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $2,000.000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
r"' 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 and or property damage, $1.000.000 Combined Single Limit. This
policy shall be submitted prior to contract execution-
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $2.000,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 1000/9 of the total contractprice (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $101 on all contracts with coverage to
correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least 1,000,000
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 0406.096) . includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
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3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contracx
1 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
S. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) r provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
l coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
n (e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
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(f) ; notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) (7), with the certificates of coverage to be provided to the person for whom they are _
providing services.
10. By signing this contract or providing or causing to be provided a certificate of overage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on —'
the project will be covered by workers's compensation coverage for the duration of the project, that the
coverage will be based_ on proper reporting of classification odes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity. --
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate. —
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications. —
. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.; .
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any overage —
agreements;
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1 (b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
i (i) a certificate of coverage, prior to that person beginning work on the project, so the
1 governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
r(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
1 "The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance This includes
persons providing, hauling, or delivering equipment and mate riA or providing labor or
transportation or other service related to the projec, regardless of the identity of their
employer or status as an employee"
"Call the Texas Workers' Compeansation Commission at 5121440-3789 to receive information
{{ on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage" and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
r" (iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
c°»
(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived
If during the progress of the work, Contractor shall allow any indebtedness to aocrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
from loss on account thereof. If the material or process specified or required Owner is an infrin went, the
any P fi � by t�
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
r. 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'
r" 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 Ownees Representative, he shall bear all costs arising therefrom.
The.Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the 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.
34. TM E 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 consideration for the awarding
of this contract, the Owner may withhold permanently from Contractoes total compensation, the sum of $100.00 (One
Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each
and every calendar day that the Contractor shall be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner front current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. T1ME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
G and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work
r done, either by contract or by his own force, the Owners Representative may, direct the time and manner of constructing
l
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 several parts. _
36. 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, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. 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
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. OUANTTTIES 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 offered for the work It is understood and agreed that the actual amount of work to be done and the materials to
be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
project
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this 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 performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
r
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the 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.
41. PAYMENTS
1 No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
r" Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
r. Representative's Certificate of Partial Payment, less S% of the amount thereof, which S% shall be retained until final
t 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 percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
r� 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 before the 31 st 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 contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
i
any) of this contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the 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 otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this 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.
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.
r
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
r• elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In rase such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner, or
(b) The Owner, under sealed bids, after notice published as required by law, at least: twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion. -
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this, contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any planner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
r- In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
fwithin ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the 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
r ` provided for by the terms of this contract, and a reasonable sum to cover the cost of arty provisions made by the Contractor
to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
r- all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this 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 statutory 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 further agreed that this contract shall not be in effect until such bonds are so
furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
53. LOSSES FROM NATURAL CAUSES -
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in'the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, _
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested 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.
No Text
Resolution '2502
` January 8, 1987
r• Agenda Item #18
DGV:da
QGcni iirtnN
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:
THAT the general prevailing rate of per diem wages for public
works
r-
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
r
Such wage rates are hereby found and declared to be the general
prevailing
u
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
k
all public works contracts as provided by law.
Passed by the City Council this 8th day of January
1987.
7EF
Ranettc�Boyd, City Secretary
APPROVED T ONTENT:
Bi 1 P•yne, D rector of Building
Services
ff. e - & z )X-11-�
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Y�, Td,�� k, %PYTI
Do1•raid G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Hourly Rate —
Acoustical Ceiling Installer
511.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00 ~'
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger -
8.70 --
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator,,Piping/Boi.ler
9.50
Insulator -Helper
5.00
Iron Worker
7.30 --
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75 _
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
- Welder - Certified
8.00 —
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
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
Hourly 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
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.1 1/2 times base rate.
SPECIFICATIONS
ASBESTOS ABATEMENT PROJECT
FOR
CITY OF LUBBOCK
INDIANA AVENUE WIDENING
LUBBOCK, TX PROJECT# 94146
SET #
Prepared By:
GRIMES AND ASSOCIATES, CONSULTING ENGINEERS
P.O. BOX 45
WOLFFORTH, TEXAS 79382
i
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pw
F
INDEX
SECTION TITLE
DIVISION 01
01010
SCOPE OF WORK
01040
COORDNATION
01060
REGULATORY REQUIREMENTS
01300
SUBMITTALS
01500
CONSTRUCTION FACILITIES
01600
MATERIALS AND EQUIPMENT
01700
PROJECT CLOSEOUT
DIVISION 02
02020
ABATEMENT PROCEDURES
02030
AIR -MONITORING\ LAB SERVICES
02040
ASBESTOS ABATEMENT INSPECTIONS
02050
WORKER PROTECTION \DECONTAMINATIONS
02060
ASBESTOS CONTAINING MATERIALS FOR ABATEMENT
02070
CONTAINMENTS
02080
ASBESTOS REMOVAL METHODS
02090
CLEAN-UP AND DISPOSAL
Grimes i
Asbesto;
Asbesto;
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SECTION 01010 - SCOPE OF WORK
1.1 The site of the project is the City of Lubbock's Indiana Avenue widening
project. The houses needing abatement are located between 35th street and 48th
street on Indiana Avenue, and houses moved to North East Lubbock.
1.2 The abatement contractor shall complete the abatement in each house and
release the house to the general contractor.
1.3 The contractor is alerted to the fact that these houses have had the water, gas
and electricity cut off. The contractor shall furnish portable generators for
electricity, and connect water to the house.
1.3 Before submitting a bid for this work, each Bidder is responsible for having
examined the site and is aware of existing conditions under which he will operate
and could in any manner affect the work under this Contract. No allowance will be
made subsequently in this connection to Contractor for error or negligence on his
part, or slight discrepancies in Drawings.
1.4 Discrepancies between conditions at the site and requirements of the Contract
Documents shall be reported to the Architect\Consultant, in writing, before any
bids are opened. Architect\Consultant will issue necessary instructions to Bidders.
2.1 The contractor shall provide for the removal of all specified asbestos containing
materials from the house.
2.1.1 Materials to remove include: Floor file and mastic, ACM shingle roofing
and siding, ACM paper in mechanical closets, and acoustical ceiling treatment
on sheetrock ceilings. Each house will need to be investigated as each house
contains different materials.
2.1.2 See Section 02060 for a listing of specified ACM materials and location in
each house.
2.2 All abatement work will be conducted utilizing various methods for containing
r the specified ACM inside each house. All workers shall be required to exit each
1 house through a three stage worker decontamination unit.
r 2.2.1 See Section 02070 for containment types and Section 02080 for removal
methods.
01010-1
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3. NOTIFICATIONS:
3.1 The contractor shall file all required NESHAP and TDH demolition renovation
notification for the owner.
3.1.1 The contractor shall be responsibe for meeting the start and completion
dates specified on the notification. _
3.1.2 The contractor is not required to pay the asbestos filing fee.
3.2 Contractor shall file any and all admended NESHAP notification with Texas --
Dept. of Health, as may become necessary during the project.
4. WORK SCHEDULE: _
4.1 The contractor shall complete the project in 30 calendar days.
4.2 Contractor may work 6 day work weeks consisting of 8 hour work days.
5. FINAL PAYMENT:
5.1 Contractors payment will be for the lump sum of contract, received after
completion of contract.
5.2 Contractor shall furtush required project manuals and final pay request to
Consultant for approval. See Section 01700 for details.
5:2.1 Failure to furnish a project manual shall be cause for delay in payment to _
the contractor.
01010-2
SECTION 01040 - COORDINATION
1.1 The use of insufficient labor or equipment for construction purposes or inadequate
scheduling of materials or equipment to be installed will not be allowed as cause for delay.
Schedule labor, materials, and equipment to site in quantities required for uninterrupted
progress of work and least obstruction of the premise. Extension of time or extra cost will
not be allowed for failure to order on time and in sufficient quantities.
r., 2.1. The contractor shall furnish equipment and manpower necessary to perform the
abatement work in a orderly fashion.
2.2. Contractor shall coordinate move in and all final inspections in writing to the Engineer
^" before any work on project begins.
2.3 The contractor shall coordinate with the on -site air -monitoring techinition all activities,
and assist same to ensure proper sampling can be completed.
3. SUPE4tINTENDENT:
3.1 The Contractor shall provide a competent licensed Superintendent who is to be on the
job any time work is being performed by any trade, from the beginning of work until Final
Acceptance. Superintendent shall have the authority to act for the Contractor and shall
coordinate the activities of the various trades, subcontractors, etc. involved to complete the
project in accordance with the Contract Documents. Project Superintendent shall not be
replaced without Owner acceptance of such change.
r 4. FINISHED WORK:
r„ 4.1 Cover and protect finished floors, steps, treads, walls, etc. against damage by
workmen or equipment.
4.2 The Contractor must inspect the facility as necessary to locate any existing damage.
Contractor must list IN WRITING any existing damage and shall have list reviewed and
initialed by the Architect/Engineer prior to beginning any work. The Owner is not aware
of any damage at this time, therefor, if at the time of final inspection any unreported
damage is discovered, it will be attributed to construction activities and the cost to repair
r the damage will be deducted from the Contractors final payment.
END OF SECTION 01040
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►• SECTION 01060 - REGULATORY REQUIREMENTS
PART 1 -GENERAL
1. RELATED DOCUMENTS:
1.1 To include General Conditions, Supplementary Conditions, . Special Conditions,
Drawings, and related documents.
2. DESCRIPTION OF WORK:
2.1 REGULATORY REQUIREMENTS: Regulatory requirements are set forth in this
section which are known to the Owner. Section to include but not limited to government
regulations, and industry standard with are included by reference do the documents. This
section also sets forth those notices and permits which must be applied for and received, or
which must be given to government and state agencies, before* any asbestos containing
materials are - removed\ disturbed. Omissions of regulations shall not limit contractor from
implementing regulations.
2.2 Contractor shall secure and pay for all applicable permits or notices, and comply with
all ordinances and regulation pertaining to the project.
2.3. Contractor shall comply with all applicable standards and regulations. Contractor shall
comply with written requirement of contract documents where and when said requirement
are more stringent than applicable regulations, and are made part of the contract documents
whether stated or by reference herein.
3. CONTRACTOR RESPONSIBILITIES:
3.1. Contractor shall assume full responsibility and all liability and hold Owner\Owners
Representative harmless, the compliance with all applicable Federal, State, and local
regulations fining to the construction industry, asbestos abatement industry. These shall
include wor er and visitor protection, monitoring of workers, asbestos abatement, asbestos
handling and disposal. Contractor shall have written worker respiratory protection
program, Hazard communication program, and all applicable notices available on site for
regulatory inspector review.
3.2. FEDERAL REGULATIONS: Contractor shall comply with Federal regulations with
govern asbestos abatement work, hauling and disposal of asbestos materials including but
not limited to:
3.2.1. U.S. Department of Labor, Occupational Safety and Health Administration.
Listing in Code of Federal Regulations.
Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite; Final
rulings
Title 29, Part 1910 Sec. 1101
1 IT-61
Respiratory Protection -
Title 29, Part 1926 Sec. 58
Access to Employ Exposure and Medical Monitoring
Title 29, Part 29,Sec. 2
Hazard Communication
Title 29, Part 1910, Sec. 1200
Title 29, Part
Specifications for Accident Prevention Signs and Tags
Title 29, Part 1910, Sec. 145 -
3.2.2. United States Environmental_.Protection Agency (USEPA). Listings in Code of
Federal Regulations.
Regulations for Asbestos _
Title 40, Part 61, Sub Part A
National Emissions Standards for Asbestos
Title 40, Part 61, Sub Part M
Asbestos Abatement Projects; Worker Protection; AHERA Final Rule.
Title 40 Part 763 and Appendices
USEPA Regulations Implementing the Resource Conservation and Recovery Act.
3.2.3 State of Texas Regulations:
Texas Department of Health --
Title 25 Health Services Part 1
25 TAC 289.141 - 289.156
3.2.4 Local Requirements: Contractor shall inquire about and abide by all local
requirements and notices pertaining to asbestos abatement.
3.2.5 Standards: Contractor shall comply with all standards which govern asbestos
abatement, hauling and disposal:
American Nation Standards Institute (ANSI) —
Fundamental Governing the Design and Operation of Local Exhaust Systems.
Publication Z9.2-79.
Practices for Respiratory Protection Publication Z288.2-80.
American Society of Testing and Materials. '(ASTM)
01060 - 2
Specifications for Encapsulates for Friable Asbestos -Containing Building
Materials.
Safety and Health Requirements relating to Occupational Exposure to Asbestos.
E 849-82.
3.3. NOTIFICATIONS: Contractor shall comply with all applicable Federal and State
requirements for filing of notifications.
3.3.1. Contractor shall send and admended WRITTEN Notification and FILING FEE
as required by USEPA National Emission Standards for Hazardous Air Pollutants
NESHAPS Regulations: 40 CFR Part 61 Sub Part M.
4. RECORD KEEPING:
4.1. Contractor shall be required to keep TWO (2) sets of records of said Federal, State
and Local regulations and notifications. Contractor shall keep on file one (1) set of copies
in main office. Contractor shall have one (1) at job site for inspector review.
END OF SECTION 01060
01060 - 3
7
SECTION 01100 - SPECIAL PROJECT PROCEDURES
1. SITE AVAILABILITY:
1.1 The exact date and time will be established in the owners "Notice to Proceed", and at
the Preconstruction Conference.
1.2 Contractor shall coordinate with Engineer to determine the available areas for parking,
materials storage, etc. All construction support activities must be confined to this area.
2. SITE SECURITY:
2.1 Contractors shall provide adequate warning signs to warn building occupants of
approaching. dangers of construction and asbestos hazards. Post initial barrier tape stating
"CONSTRUCTION AREA, KEEP OUT" which will be breached before reaching asbestos
specific warning signs. Post barrier at locations to adequately warn building occupants and
provide a secured area for workers
2.2 Contractor shall be responsible for acquiring keys or scheduling for access to the job
site. The contractor shall be responsible for securing the job site and protection of the
owners property.
3.1 The owner reserves the right to occupy space or install equipment as necessary to
conduct other non asbestos related construction, repair or remodel work, either by Owner
or other trades, in areas of the building in which all asbestos abatement work and
decontamination procedures have been completed and passes by the contractor. Such
occupancy by the owner shall not constitute substantially interfere with the contractor
performance of the contract. Such placing of equipment or occupancy by other trade or
owners personnel shall not constitute acceptance of the work, or any part of the work.
4. UTILITIES:
4.1 The contractor shall furnish generators for suppling electricity to the site.
4.2 The contractor shall secure water as necessary for each house.
END OF SECTION 01100
01100-1
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9
SECTION 01300 - SUBM1ITTALS
PART 1-GENERAL
1. GENERAL:
1.1 All submittals shall be made directly to the Architect/Engineer by the Contractor.
Adequate time shall be allowed in the submission schedule for transmittal time; in special
circumstances, special handling procedures may be used. Exact number of copies of
various submittals, etc., will be established at the Pre -Construction Conference between the
rOwner, the Architect/Engineer and the Contractor.
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1.1.1. Submittals shall be prepare in booklets expectable to Owner and Engineer.
1.2 Field Measurements: Before ordering any material or doing any work, the Contractor
shall verify all measurements on the project and shall be responsible for same. No extra
charge or compensation will be allowed due to differences between actual dimensions and
the measurements indicated on the Drawings; any difference which may be found shall be
submitted to the Architect/Engineer for consideration before proceeding with the work.
1.3 Contractor shall review, stamp with his approval, sign, and submit, with reasonable
promptness all shop drawings, samples, and submittal data required by Contract
Documents or subsequently by Architect/Engineer. By approving and submitting shop
drawings, samples, and submittal data, Contractor thereby represents that each submitted
item meets all Contract requirements. Submittals without stamps and signatures indicating
the above will be returned without action by the Architect/Engineer.
2. SUBMITTALS AFTER NOTICE TO PROCEED:
2.1 Cerificates\Notices: The Bidder shall, 'within one week after notification of the
Owner's intent to proceed with award of the Contract, submit in duplicate:
2.1.1. Certificate of Insurance, AIA Document G705, in accordance with the
requirements of the General Conditions.
2.1.3. Copy of Notification Letter of Asbestos Renovation/Demolition filed with the
Texas Department of Health, include copy of form of payment.
2.2 Superintendent and Foreman Data: Name of and experience record of superintendent
and foreman. Include evidence of knowledge of applicable regulations; evidence of
participation and successful completion of EPA/AHERA approved training course in
asbestos removal and/or supervision of asbestos related work; and experience with asbestos
related work in a supervisory position as evidenced through supervision of at least five
asbestos abatement contracts. Submit:
2.2.1 Supervisor Training certificates
01300 - 1
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2.2.2 Licenses —
2.2.3 Experience Record
2.3 Workman Data: Name and experience record of workmen who will be assigned to this
project. Include for each Person the location of last two abatement projects, ` and evidence
of successful completion of AHERA-certified 36 hour training course given by AHERA-
certified'school. Provide copy of training -certificate given to each worker at the completion
of training.
2.3.1 List of Men assigned to project
2.3.2 Worker Training certificates
2.3.3 Licenses —
2.3.4 Experience Record
2.3.5 Medical Examinations
2.3.6 "Certificate of Worker's Acknowledgment" (See page 01300-5) —
2.4 Respiratory Program: Copy of contractors Company Respiratory Protection Program,
and name of person on site who will be responsible for the enforcement of same. Submit:
2.4.1. Employee "fit -test" records for assigned respirators.
2.4.2. Proposed Work Schedule contractor shall submit proposed work schedule before
any work is begun.
2.4.3. Submit Contractor's site emergency plan to include local emergency phone
numbers and planned emergency facility to be utilized.
2.4.4. Certificates of Compliance: Certify that vacuums, ventilation equipment, and
other equipment required 'to contain airborne asbestos fibers conform to ANSI Z9.2.
2.4.5. Sample, forms: Submit sample of forms which will be used in the course of the
project, including as a minimum the following:
Record of Project meetings
Visitation log
Worker log
Record of Air monitoring results
Record of Supervisors daily site inspections
Record of daily activities
END OF SECTION 01300
01300 - 2
r SECTION 1500 - CONSTRUCTION FACILITIES
1. GENERAL:
1.1. The owner of the facility extends the use of his facility to the contractor in the good
faith the contractor will use care and all precaution to prevent damage to the facility. The
r^ owner is unaware of any existing damage to his facility. Before contractor begins any work
in the facility the contractor shall inspect the area and furnish to the Engineer a completed
list of any existing damage discovered before any work under this contract has started.
,,. Damage discovered after work has begun with be assumed as caused by contractor.
L 1.2. The contractor is reminded of the possible presents of other asbestos containing
materials outside the scope of the contract. The contractor shall remain solely responsible
for the safety of workers and sub -contractors, and shall take all precautions for their safety.
1.3. The contractor shall upon discovery of suspect ACM materials take what actions are
necessary for protection of the work place and all personnel of the project, until the
determination can be made as how next to proceed.
1.3.1. The contractor shall report to the Engineer all such findings promptly. The
Engineer will determine the proper course of actions (ie sampling, testing, etc) and
advise the owner and contractor of any changes to be made.
r" 1.3.2. IN NO EVENT SHALL THE CONTRACTOR DISCUSS SUCH MATERIALS
WITH ANY PARTIES OTHER THAN THE ENGINEER.
(_ 2. USE OF EXISTING FACILITIES:
2.1. The owner extends to the contractor the privilege of using the existing utilities where
and when available. The contractor shall be responsible for determining what is available.
2.1.1. Each house has been disconnected from the City services. The contractor shall
furnish power generators for electrical power.
2.2. Electrical: Comply with all applicable standards including but not limited to NEMA,
NECA, and all UL Standards for materials and electrical services.
j 2.2.1. Temporary power: The contractor shall provide service temporary panels with
i proper sized over current protection device. Ensure all electrical work complies with
NEC (National Electrical Code). -
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2.2.2. Ground fault: The contractor shall provide receptacle outlets with ground fault
interrupters, RESET BUTTON and lights for connection to power equipment.
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2.2.3. Electrical cords: The contractor shall provide electrical cords with of good
quality and UL approved. Use single length of cord run overhead, if addition length of
01500 - 1
cord is necessary provide water tight connections. In work areas leave cords exposed to
allow for visual inspection.
2.2.4. Lights and Lighting: Where and when required the contractor shall provide for
safe working conditions. Provide general service incandescent lamps. provide weather
covers for exposure to water and breakage, with proper candle power for lighting.
2.2.5. Temporary wiring: Comply with NEC. For power tools and lighting provide J-
boxes with four gang outlet,, provide a separate circuit breaker for each four gang out
let.
2.3. Water owner provided: Get require water at the closest source. Connect to approve
existing water outlets. The contractor shall at completion of project remove connections
and restore to original condition
2.3.1. Water hoses: Provide heavy duty hoses with a pressure rating greater than that
of the source. Provide connections at source and at decors unit with leak tight
connections.
2.3.2. Hot water heater: The contractor shall provide an approved UL heater for the
decon unit, and comply with NEMA, NECA, and UL standards for connections to
power source.
2.4. Toilets owner provided: Contractor shall provide as necessary.
3. TEMPORARY FIRE PROTECTION:
3.1. Contractor shall provide for and pay for all cost associated with fire protection on this
project.
3.2. Fire extinguishers: Provide types, sizes, number, and locations as would be
reasonably effective for extinguishing fire in early stages by personnel on site. Provide
type A extinguisher at areas with low potential for electrical or grease fires. Provide ABC
dry chemical extinguisher at other Iocations; comply with recommendations of NFPA No.
10. Post warning signs and quick instructions for use at each extinguisher location, instruct
workers on proper use and locations before beginning project.
3.2.1 The contractor shall furnish one extinguisher for each 1,000 square foot of
containment area. These shall remain on site for the duration of the job.
3.3. Emergency numbers: Contractor shall post phone number of local fire department at
most visible location before work has begun.
4. SCAFFOLDING AND LADDERS:
4.1. Contractor shall provide his own scaffolding and ladders as necessary for the
performance of his trade. All such shall be erected, installed to afford safety and protection
to workers and work areas. Scaffolding and ladders shall comply with OSHA and other
01500 - 2
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standards. Equip rungs and surfaces with non-skid surfaces, and provide base footings with
t protection to eliminate damage to poly surfaces, flooring or covered surfaces.
r•. 4.2. Installation of all equipment shall be subject to Owner and Engineers approval.
S. REMOVAL OF TEMPORARY EOUIPMENT:
5.1. When temporary equipment is no longer required . the contractor shall completely
remove equipment from job site, and repair\ replace any materials; equipment or surfaces
damaged in the installation or removal.
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6. SIGNS:
6.1. No contractor advertisement or signs will be allowed on project site.
7. ACCESS TO SITE AND PROTECTION:
7.1. The contractor shall confine all activities to the areas assigned to him in the project
pre -construction meeting, and in no -way obstruct other parts of the building or building
operations.
7.2. The contractor shall provide for storage of equipment in a manner with will not impair
safety, or impair traffic flow in work areas.
7.2.1. The contractor shall properly and effectively store all equipment fiunished by
him after it's uses and decontamination. Store in a manner which will not impair
safety, or impair traffic in the area.
8. CLEANING:
8.1. The contractor shall be responsible for the prompt removal and disposal of all debris
and trash generated during the project. All scrap lumber, boxes, poly and trash shall be
removed from the building at the end of each shift. All occupied areas shall be broomed
clean and restored to original condition at end of each shift.
8.2. In the event the OwneAEngineer is fined for the illegal dischargeldisposal or lack of
action by contractor of generated waste materials, the Owner may withhold from the
contractor final pay request an amount equal to triple the amount of fine(s).
END OF SECTION 01500
01500 - 3
SECTION 01600 - MATERIAL AND EQUIPMENT
L GENERAL:
1.1 Materials and Workmanship: Unless otherwise specified, all materials shall be new, of
the best grade and kind specified. Workmanship shall be of the best recognized standards
known to the various trades.
1.2 Transportation .and Handling: Methods of crating, transportation, and handling of
materials and equipment, on or off the site, shall be in accordance with Federal, State and
Local regulations.
1.3 Storage and Protection: Protect work, materials, equipment as to provide for building
occupants protection, and not impair traffic to work area.
END OF SECTION 01600
01600-1
7 SECTION 01700 - PROJECT CLOSEOUT "
1. COMPLETION OF CONTRACT:
1.1 The Contract will be considered fulfilled with the exception of any maintenance
stipulations, bond, or by law, when all work is complete, final inspection has been made,
F . final acceptance and final payment by the Owner.
r 2. USE BEFORE COMPLETION:
2.1 Sections or portions of the work considered by the Owner to be in suitable condition
r may be put to use. Usage of any portion of the work will not be considered as acceptance
of the Work by Owner. Contractor shall repair or remove any portion of the work that is
defective due to materials or workmanship at his expense.
r' 3. SUBSTANTIAL COMPLETION:
3.1 Contractor shall notify Architect/Consultant at least one week in advance of requested
inspection date. Before requesting Architect/Consultant's inspection for certification of
Substantial Completion for all or portions of the work, the Contractor shall accomplish the
following:
3.1.1 Complete the removal of all asbestos -containing materials.
3.1.2 Complete the removal of all containment materials.
3.1.3 Complete installation, re -installation of any lights, ceilings, insulation, etc. as
called for in other sections of these specifications.
3.1.4 Deliver all ACM materials to appropriate dump site with in a reasonable time
period.
3.1.5 Discontinue and remove from site temporary facilities and services, construction
tools, and similar elements.
3.1.6 Prepare (and submit with request for inspection) Progress Payment request
showing 100% completion.
3.1.7 Payment will be in a lump sum amount. Request for partial payments will not be
allowed.
3.2 Inspection Procedures: Upon receipt of Contractor's request, Architect/Consultant will
either proceed with inspection or advise Contractor of prerequisites not fulfilled. Following
initial inspection by Owner, Architect/Consultant, and Contractor, Architect/Consultant
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
01700-1
conducted when requested to verify that work has been substantially completed. Results of
completed inspection will form initial "Deficiency List for Final Inspection.
AL INSPECT
4.1 Before requesting Architect/Consultant'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:
4.2 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.
4.3 Submit updated final statement, accounting for any changes to Contract Amount.
4.4 Submit copy of Architect/Consultant's final deficiency list of itemized work to be
completed or corrected, stating that each item has been completed or corrected for
acceptance.
4.5 Submit warranties, workmanship/maintenance bonds, maintenance agreements, final
certifications and other similar documents.
4.6 Submit completed project manual complete with original copy of executed waste
disposal manifest, 2 copies of project manual are required for payment.
4.7 Revise and submit evidence of final, continuing insurance coverage complying with
insurance requirements.
5.1 Upon receipt of Contractor's notice that work has been completed including
"deficiency list" items resulting from earlier inspections, Architect/Consultant and
representatives of the Owner and Contractor will re -inspect the work. Upon completion of
re -inspection, Architect/Consultant will either prepare certificate of final acceptance or
advise Contractor of work not completed as required for final acceptance. Alsoat this
time, the Owner may elect to advise the Contractor, in writing, that conditional acceptance
has been made. Conditional acceptance shall relieve the Contractor of responsibility for
maintenance, security and insurance on the work. Contractor will still 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 be accomplished.
6. CLOSE-OUT PROJECT MANUAL:
6.1 Contractor shall submit two (2) copies of project manual Submit to Consultant for
approval. Submit with Contractor's Pay Request.
01700-2
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6.2 Presentation of Data: Where possible data shall be presented on 8 1\2 X 11 sheets.
Light sensitive production technique is acceptable.
6.3 Sub Divisions of Data: Project manual shall have data divided into sections. The
sections shall correspond to the paragraph titles below.
6.3.1 Section 1: Submittal information supplied with Bid.
a) Include copy of all information supplied with bid.
6.3.2 Section 2: Submit information supplied after Notice to Proceed.
a) Include copy of data supplied after notice to proceed issued by owner.
6.3.3 Section 3: Certificates, and filed Notices.
a) Provide notification to regulatory agencies, Contractors license, executed waste
manifest, and contractors final acceptance.
6.3.4 Section 4: Daily work log.
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a) Provide record of daily activities to include: personal protective equipment used,
record of containment differential pressure, record of daily personnel monitoring.
Ow
6.3.5 Section 5: Contractor pay request.
a) Provide completed pay request on AIA document.
1. RESTORATION:
7.1 Restore areas provided for construction work purposes, including access drives, to
their original condition. Replace damaged curbs, sidewalks, and pavement. Resod/replant
all grasses and planted areas where damaged during construction phase.
7.2 Entire construction site and adjacent affected areas shall be restored conditions
acceptable to the Owner.
8.1 Submit final Application for Payment in accordance with the terms of the Agreement,
indicating adjustment of accounts from original contract amount including:
8.1.1 Additions and deductions resulting from change orders.
8.1.2 Adjustments to cash allowances, if any, with full supporting data.
8.1.3 Deductions for work not corrected and for liquidated damages, if any.
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01700-4
SECTION 02020 - ASBESTOS ABATEMENT PROCEDURES
1.1 General: This section includes all work necessary to reduce air 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 Sites: 7 houses on Indiana Ave., 2 houses on Fir, 1 on Jarvis, and 1 on house on
Globe. See Section 02060 for addresses.
1.3 Materials to Be Removed: The following asbestos -containing materials are to be
removed:
1.3.1 Linoleum\ tile floor coverings and mastics.
1.3.2 ACM Paper: ACM paper covering the walls of the heater closets and specified
duct wrap.
1.3.3 Transite single roof.
1.3.4 ACM ceiling treatment on sheetrock ceiling of one house.
1.4 It is the Contractor's responsibility to visit each house to determine the actual Scope Of
Work, and square footages of ACM materials specified for removal.
1.5 It is the Asbestos Abatement Contractor's responsibility to leave the area indicated in
paragraph "Work Area," free of specified ACM materials, and air -borne fiber counts
below specified levels.
2.1 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.
2.2 Contractor shall complete Summital Package before access to the site will be allowed.
2.2.1 Failure to complete submittals before project start date will not extent contractors
work schedule or completion date.
02020-1
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2.3 Contractor shall prepare "Project Books" as required in specifications. (See Section
(01700)
3. QUALITY ASSURANCE:
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.
02020-2
5. PREPARATION:
5.1 Containment: Isolate work area for the duration of the work by completely sealing off
ro all openings and fixtures in the work area, including but not limited to, heating and
ventilating ducts, doorways, corridors, windows, and lighting. Cover with plastic sheeting
taped securely in place.
r" 5.2 Decon Unit: Establish three stage decontamination unit for ceiling abatement with
clean room, shower area, and change room. Provide double flap entryways between each
area. Connect to containment area to provide air tight seal.
5.2.1 Dry Decon: Establish a two stage dry decontamination unit attached to
containments for all other types of ACM removal.
5.3 Emergency Exits: Provide for and mark emergency exit. Instruct workers on
emergency procedures.
5.4 HEPA Unit: Provide HEPA unit(s) sized for work area(s), Exhaust from house, units
shall run continuously
r► 5.5 Warning Signs: Post warning signs and labels as required by AHERA and 29 CFR
1926.58, ASTM E 849, and as directed by the Owner or Engineer. Provide barrier tape 50
feet from any entrance.
6. GENERAL ABATEMENT PROCEDURES:
6.1 General Procedures: Perform all asbestos related work and comply with 29 CFR
r 1926.58 and 29 CFR 1910.1102, 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 All ACM removal will be conducted inside either a modified type containment or
full containment type enclosure with HEPA filtration units.
6.1.2 All personnel entering work area are required to wear protective clothing and
respiratory protection. All workers shall utilize decontamination chamber before exiting
work area.
6.2 Asbestos Control Limits During Abatement:
6.2.1 Inside Asbestos Work Area: Air concentrations of asbestos (Permissible Exposure
Limits, ie PEL's) shall not exceed an 8-hour time weighted average of 0.2 fibers
(longer than 5 microns), per cubic centimeter of air.
P" 6.2.2 Outside Asbestos Work Area: Air concentrations of asbestos shall be maintained
at 8-hour time weighted average below 0.01 fiber (longer than 5 microns) per cubic
centimeter of air. This applies to all areas in the building except for the asbestos work
t.• area while work is in progress, and after final clean-up and clearance.
02020-3
6.2.2.1 In cases where the "outside work area" levels are not 0.01 fibers per cubic
centimeter, the "baseline" levels of those areas shall become the new control limits
for "during" and "final clearance" levels. The contractor must make sure that the
final clearance air concentration levels shall not exceed the outside work area
"baseline" levels.
6.3 , 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.
6.4 Perform complete cleanup of work space prior to final inspection.
6.5 Wipe Down Prior to Clearance Sampling: Once all ACM has" been removed completely
wipe down the entire work area. At the end of this wipe -down take clearance samples. See
section "Clean -Up and Disposal" for details of final cleanup.
6.6 Notify Upon Completion of Removal: Notify air monitoring personnel that gross
removal is completed and have the work assessed. Seal and protect each area as work is
completed.
6.6.1 NOTE: IT REMAINS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO
REMOVE ALL SPECIFIED 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 t subsequent to the above -mentioned assessment, it shall be
removed at the Contractor's expense
7. SPECIAL CONDITIONS:
7.1 ACM Paper: The contractor shall isolate the area from the remainder of the house with
a mini enclosure and barrier walls, then set a dry decon unit attached to work area.
7.2 ACM Ceiling: The contractor shall erect a full containment covering all walls and
floors with two layers of 6 mil poly. Set fully functional wet decors unit at entry.
7.3 LinoleumlTile: The contractor shall place effected are in modified 'containment with
splash guards and dry decon unit attached.
8. CLEAN UP AND DISPOSAL:
8.1 Provide for cleaning of work area and disposal of containment materials and bagged
ACM materials as described in Section 02090.
02020-4
q. PROJECT CLOSE OUT AND FINAL PAYMENT:
9.1 Provide project close out as described in Section 01700. The Owner and Consultant
will perform final inspection of work, and issue "Contractor's Certification of
Completion".
END OF SECTION 02020
02020-5
rft
r*
SECTION 02030 AIR MONITORING AND LABORATORY SERVICES
1.1. General provisions of contract, General Conditions, Supplemeriial Conditions, Special
Conditions, Drawings and sections of Division 00 apply to the work of this section.
F
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.
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 during abatement project.
3.1. The Contractor shall coordinate with all air monitoring activities and shall support
these activities in whatever way necessary.
3.2. The air monitoring firm will be conducting air monitoring through out the project as
follows:
3.2.1. BASE LINE: The air monitoring firm will monitor airborne fiber counts before
any abatement work is started.
3.2.2. 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.
�'- 3.2.3. 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.
02030-1
r-
3.2.4. 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. Three samples per
containment area will be taken to confirm visual assessment of area.
4. DISPUTES IN FIBER TYPE: ~
4.1. The follow procedures will be enforced to resolve any disputes in fiber amounts, or
fiber types.
4.1.1. Air samples will be secured by the Engineer's air monitoring personnel for TEM
analysis. The cost for any unscheduled analysis of the samples and for the technician's
time (m 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.
5. FINAL CLEARANCE SAMPLING:
5.1. Final PCM clearance sampling will be required for each work area, this sampling will
be conducted by the Engineer for the Owner 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.
5.1.1. Final PCM clearance sample will be collected while using aggressive sampling
methods, using an electric powered leaf blower.
5.1.2. Before sampling pumps are started leaf blower will be swept over all horizontal
surfaces, walls, ceilings, and floors. If necessary 20 inch box fan will be used for the
suspension of fibers for the duration of the sampling period.
6. LABORATORY TESTING:
6.1. 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.
6.2. 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.
6.3. Daily air monitoring reports, by the air monitoring firm, to the Owner will include
daily PCM sample analysis as well as data pertaining to :
6.3.1. Containment and removal methods employed.
6.3.2. Contractor discrepancies and corrective measures.
02030-2
r
6.3.3. Worker employed and hours worked.
'
6.3.4. Method employed by the contractor for monitoring and reporting of workers
�..
i
exposure to air borne asbestos fiber concentrations.
7. LIMITS OF OWNER -PROVIDED AIR MONITORING:
7.1. The air monitoring firm will not be providing air monitoring for the contractors
required monitoringlreporting of workers for establishing Time Weighted Averages (i.e.
will NOT be providing "personal" sampling).
7.1.1. 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
7.1.2. Contractor shall furnish all required air monitoring for the safety of his
employees, and shall hold OwneA Air monitoring firm harmless for failure on the
contractor's part to meet these regulations.
7.1.3. Documentation of Contractor's "personnel" monitoring will be kept as the job
site in the contractors log book.
8. CONTRACTOR AIR MONITORING REQUIREMENTS:
8.1. The contractor shall have on job site at all times a "Competent Person" as defined by
r
+
OSHA regulations. The Competent person shall perform all of the contractors air
monitoring for compliance with OSHA regulations as stated under 29 CFR 1910.1101 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.
E
8.2.1. The method employed and testing laboratory employed must be approved by the
air monitoring firm.
j�
l
9. CONTRACTORS LABORATORY QUALIFICATIONS:
9.1. Laboratory chosen by the Contractor to provide "personnel monitoring for TWA"
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 NISOH PAT program.
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
02030-3
7
. r�
SECTION 02040 - ASBESTOS ABATEMENT INSPECTIONS
PART1-GENERAL
1. RELATED DOCUMENTS:
1.1 To include General Conditions, Supplementary Conditions, Special Conditions,
DRAWINGS, and related documents in Division 00.
2. DESCRIPTION OF WORK:
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 air monitoring representative being on the project site.
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 NOT be
responsible for the Contractor's compliance with any Federal, State, or Local
regulations; this remain SOLELY the responsibility of the Contractor.
3. INSPECTION-1, ON -SITE SUBMMAL REVIEW:
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" as defined by OSHA. 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 -SITE AND ALL DEFICIENCIES ARE CORRECTED. Copies
of all submittals shall be maintained on -site throughout the project.
4. INSPECTION-2, PRE- ABATEMENT CONTAINMENIRWORK AREA INSPECTION:
4.1 Inspection of the work area, work area containment, 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
r
5. INSPEC7ION-3. ABATEMENT CONTAWW11, (WORK AREA INSPECTION:
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. INSPECTION-5. POST -ABATEMENT _CLEARANCE INSPECTION (PCM-
CLEARANCE):
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 conduct a 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. INSPECTION-6, FINAL INSPECTION:
7.1 A final inspection will be conducted of each work area after the contractor has
removed the containment, critical barriers, and all equipment for the area. A Punch List
will be issued to the contractor for any items requiring correction or completion. Punch
List items shall be promptly completed by the contractor and resubmitted for the
Engineer's approval.
8. FAILED INSPECTIONS:
8.1 Items requiring corrections shall be accomplished immediately.
8.2 Failed final clearance testing shall be charged back to the Contractor.
8.3 Re -inspections of corrected punch list items will require 48 hour notice to the
Engineer.
END OF SECTION 02040
02040 - 2
r
SECTION 02050 - WORKER PROTECTION AND DECONTAMINATION
PART 1 - GENERAL:
1. DESCRIPTION OF WORK
1.1 This section describes the equipment and procedures for protection of workers against
asbestos contamination.
2. REFERENCES:
2.1 General: The following standards are made a part of the contract documents by
reference and shall be enforced as if they were written into the specification in their
entirety. The listed standards shall be "minimum acceptable"; comply with more stringent
requirements of these specifications where such requirement exists.
2.1.1 ANSI: ANSI-Z180.2, Practices for Respiratory Protection.
2.1.2 OSHA
A) 29-CFR-1910.134 Respiratory Protection
r B) 29-CFR-1910.1001 Asbestos
C) 29 CFR-1926.58 Construction Industry
r D) 29 CFR-1910.1200 Hazard Communication
E) 29 CFR-1910.1101 Asbestos
r' 2.1.3 AHERA
A) 40 CFR part 763 and appendix's
PART 2 - EOUIPMENT
PM
3. PROTECTIVE CLOTHING:
3.1 Coveralls : Provide disposable full body hooded polyolefin or polypropylene suits.
Workers will double suit for most work. 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.
r
r' 02050 - 1
i�
3.2 Foot wear: Provide rubber boots for workers and inspectors.
3.3 Gloves: Provide water -proof glove for all workers and inspectors.
4. RESPIRATORY PROTECTION EQUIPMENT:
4.1 General: Respiratory protection will be required in all work areas and during all phases
of project, to include: critical prep work, removal, waste load out, decontaminating of
worker and work area.
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
Half -Mask Air Purifying:
Negative Pressure, full face
Powered -air, full face (PAPA)
Pressure demand PAPR
Protection Factor
10
50
50
W
4.4 Filter Cartridges: The contractor shall provide as a minimum, 1 EPA 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)
4.5. Organic Cartridges: The contractor shall provide as necessary WIOSH and MSHA
approved cartridges for all chemical or vapors they may encounter.
02050 - 2
'" PART 3 - EXECUTION
5. PROTECTIVE CLOTHING REOUIREMENTS:
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 Protective Clothing: At the start of each shift the worker will be required to put on
full body suites, and rubber boots before entering the work area.
5.3 Final decontamination:
5.3.1 Workers shall exit work area in suit and respirator then proceed to
decontamination unit. Workers shall enter unit through equipment room, remove suit
and place in disposal bag, shower\HEPA vacuum, wearing respirator and exit shower
to clean room.
6. RESPIRATORY PROTECTION PROCEDURES:
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
j 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
r decontamination and all waste has been disposed and area has been cleared.
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
r- efficiency (HEPA) filters while doing preparation work only; no abatement work will
be done while wearing this type respirator.
02050 - 3
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 for removal on this project.
6.8 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.
6.9 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.
6.9.1 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
SECTION 02060 - ASBESTOS CONTAINING MATERIALS FOR ABATEMENT
I.GENERAL:
1.1 The contractor shall inspect the site to determine the actual square footage of
the ACM specified for removal and complete the following with unit costs.
1.2 The contractor shall determine the degree of difficulty in the containment and
removal of the specified ACM.
1.3 The contractor shall employ the containment and removal methods described in
Section 02070 and Section 02080 for the abatement of the specified ACM.
2.1 3401-35TH
Linoleum
Hall bath
Sq/Ft
Floor Tile
Master bedroom
Sq/Ft
ACM Paper
Heater Closet
Sq/Ft
Acoustical Ceiling
2.2 3402-36TH
Throughout
Sq/Ft
Linoleum
Dining room
Sq/Ft
ACM Paper
Bath water cit.
Sq/Ft
ACM Paper Heater closet Sq/Ft
2.4 3402-38TH
ACM Paper Heater closet Sq/Ft
2.5 3402-391H
ACM Paper Water heater closet Sq/Ft
ACM Paper Heater ductwork Sq/Ft
2.6 3402-44TH
ACM Paper Water heater closet Sq/Ft
ACM Paper Heater ductwork Sq/Ft
Transite Shingles Roof Sq/Ft
02060-1
2.7 3402-46TH
ACM Paper
Water heater closet
Sq/Ft
Hall Bath
2.8 4437- JARVIS
ACM Paper
Water heater closet
Sq/Ft
Heater closet
Sq/Ft
2.9 2406-GLOBE
ACM Paper
Heater closet
Sq/Ft
2.10 2611-FIR
ACM Paper
Heater closet
Sq/Ft
2.11 2613-FIR
ACM Paper
Heater closet
Sq/Ft
END OF SECTION
SECTION 02070 - CONTAINMENTS
PART 1 - GENERAL
1. DESCRIPTION OF WORK:
1.1 This section describes the containment and decontamination unit the contractor shall
employ for each work area.
1.2 Containments will be erected to isolate the abatement work area from the remainder of
the house, then erecting a decontamination chamber for worker decontamination.
2. CONTAINMENT MATERIALS:
2.1 Polyethylene sheeting: Provide polyethylene sheeting of 4 mil and true 6 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.
2.5 HEPA Filtration Device: Contractor shall provide HEPA filtration device(s) for work
area. Fans shall be able to maintain 4 air changes per hour in work area.
2.6 Wood Studs: Provide stud -grade 2x4, 2x6, 2x8 etc. pine for barrier wall.
2.7 General construction equipment: Additional requirements for constructionlsupport
equipment See Section 01500 .
2.8 Contractor shall store equipment on site without causing traffic hazard or unsafe work
conditions.
PART 3 - EXECUTION:
3. GENERAL PROCEDURES:
3.1 General Design: The removal of the specified ACM will be in a full containment to
isolate the work area from the remainder of the house.
02070 -1
3.2 Contractor shall utilize protective clothing and respiratory protection for duration of
project.
3.3 Contractor shall utilize recognized wet removal methods.
3.4 Contractor shall enforce worker decontamination practices both inside containment and --
showers.
4. E3XECUTION :
4.1 Floor Tile1ACM Paper Removal: The procedure described below applies to the work
area in which ACM removal includes floor tile, mastic and friable ACM.
4.2 Erecting Containment: Contractor shall erect and isolate each.work area as follow:
4.2.1 Critical Prep: Critical prep all openings into work area such as windows, doors,
closets, HVAC ducts, and all other openings into area.
4.2.2 Entry: Fabricate doorway from 2 overlapping polyethylene sheeting with
opening fit to door way. Position so flaps overlap each other and ample make-up air
may be drawn for size of containment.
4.2.3 Splash Guards: After critical prep is in place provide one layer of poly to line
walls extend 4 feet up wall. Tape securely in place to form water tight seal.
4.2.4 HEPA Filtration devices: Place HEPA devices in each work area and position so
that machine may be moved for access to tile, exhaust from building.
4.2.5 Decontamination unit: Construct dry decontamination unit attach to containment.
4.2 ACM Ceiling Removal: The procedure described below applies to the work area in
which ACM ceiling treatment material is to be removed.
4.3 Erecting Containment: Contractor shall treat the entire house as one containment.
Cover walls with two layers of poly.
4.3.1 Critical Prep: Critical prep all openings into work area such as windows, doors,
closets, HVAC ducts, and all other openings into area.
4.3.2 Entry: Fabricate doorway from 2 overlapping polyethylene sheeting with opening
fit to door way. Position so flaps overlap each other and ample make-up air may be
drawn for size of containment.
4.3.3 HEPA Filtration devices: Place HEPA devices in work area and position so that
machine exhausts air from house.
4.3.4 Decontamination unit: Construct decontamination unit in rear entrance.
02070 -2
4.4 Transite Panel\Shingle Removal: Remove intact and wrap for disposal.
END OF SECTION - 02070
02070 -3
SECTION 02080 - ASBESTOS REMOVAL METHOD
PART 1 - GENERAL
1. DESCRIPTION OF WORK:
1.1 This section describes the removal method for friable and non friable ACM materials.
1.2 General: Removal of ACM materials will be conducted utilizing a wet removal
technique inside a isolated work area, with HEPA filtration.
1.2.1 All removed material shall be bagged wet and as soon as feasible, material shall
no be allowed to remain un bagged in containment for long periods of time.
2. ABATEMENT MATERIALS:
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
7pressure.
2.3 Glovebags: Provide manufactured poly glovebags with labeling for pipe fitting
abatement.
2.4 Manic Remover: Provide Non Toxic Non combustiable low odor chemical remover.
!
3.1 Tile Removal: The removal may be accomplished with a mechanical chipper if
available, control measures will be required to control fiber release.
3.2 Mastic Removal: Contractor may use liquid mastic removers with citrus acid base, Non
Toxic, and non- combustible agents.
3.2.1 Mastic Removers: The contractor shall not use any material which contain
methylene-Cloride, polyclorinated biphenyls, or any other dangerous solvent.
r 3.2.2 Contractor shall follow manufactures recommendations for application and
removal.
02080-1
PM
3.3 All removed floor tile and mastic shall placed in barrels, or be double bagged, labeled
and disposed of at end of project.
4. ACM PAPER:
4.1 Paper Removal: The contractor shall wet the material prior to abatement to ensure the
materials are adequately wet.
4.2 The contractor shall scrape the ACM material from the substrate immediately bagging
debris for disposal.
4.2.1 Following the gross removal the contractor shall wash and brush scrub the
substrate to remove all ACM and orphan fibers from the surface.
4.3 Following the removal and cleaning the contractor shall allow substrate to dry then
encapsulate the surface with and approved encapsulant.
4.3.1 Prior to encapsulation request the consultant to inspect work.
4. ACM CEILING TREATMENT:
4.1 Ceiling Removal: The contractor shall wet the material prior to abatement to ensure the
materials are adequately wet.
4.2 The contractor shall scrape the ACM material from the sheetrock substrate immediately
bagging debris for disposal
4.2.1 Following the gross removal the contractor shall wash and brush scrub the
substrate to remove all ACM and orphan fibers from the surface.
4.3 Following the removal and cleaning the contractor shall allow substrate to dry then
encapsulate the surface with and approved encapsulant.
4.3.1 Prior to encapsulation request the consultant to inspect work:
5. TRANSITE PANELS:
5.1 Transite panels may be remove without a containment provided they are removed
intact.
5.2 Broken tiles shall be removed in the same manor as the ACM paper.
END OF SECTION 02080
02080-2
SECTION 02090 - CLEAN-UP AND DISPOSAL
' PART 1 - GENERAL:
1.1. This section describes the method contractor will employ for the clean-up and
disposal of work area.
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2.1. Permits and Notifications: Secure necessary permits in conjunction with
asbestos removal, hauling and disposal 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 small scrap. The blowing down of the space with
compressed air is forbidden. Post appropriate asbestos hazard warning signs. In all
possible instances workmen shall clean up their own areas. Equip personnel
engaged in cleaning up asbestos scrap and waste with necessary respiratory
equipment and protective clothing.
'• U
3.1. Contractor shall provide disposal bags with labels as required by NESHAP
regulations.
3.2. Contractor shall provide sealable metal or fiberboard drums for waste storage
and transportation.
3.3. Contractor shall provide an enclosed poly lined trailer for transporting of ACM
waste.
4. GENERAL:
4.1. Collect and dispose of asbestos waste, scrap, debris, bags, containers,
equipment, and asbestos contaminated clothing in sealed impermeable bags placed
in drums.
4.2. Prior to placing in bags, or containers, wet down asbestos wastes to reduce
airborne concentrations.
4.3. Waste asbestos materials shall be disposed of in accordance with all Federal
regulations implementing the intent of the Resource Act (40 CFR 260-265) at an
EPA approved sanitary landfill. The "small quantity exclusion" of the regulations
shall not apply to disposal of waste asbestos materials.
4.4. 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".
4.5. Contractor shall provide disposal bags with asbestos hazard labels properly
sized and stated as required by NESHAP regulations.
4.6. Contractor shall prepare and affix owners label as follows:
Owners name:
Building name and address
Contractors name and address
5. PRELIMINARY CLEANUP AND INSPECTION:
5.1. 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.
5.2. 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.
6. FINAL CLEANUP:
6.1. If Owner's representative does not take exception to Contractor's position (that
all gross removal is completed), then Contractor shall proceed to thoroughly wet
clean and/or HEPA vacuum the entire work area. 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.
6.2. Clean work area in accordance with EPA approved methods: wet -clean the
entire work area (every surface, every fixed piece of equipment, every light fixture,
r' etc.), spray with a sealant, allow to dry. After this first cleaning, wait for dust to
Y settle and repeat the entire thorough wet cleaning process. Following this cleaning
notify Owner's representative that the area is ready for final testing.
7. FINAL CLEARANCE TESTING:
7.1. Upon notification that the area is ready for ready for clearance sampling,
Owner's representative shall perform the clearance air sampling.
7.2. 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 re -clean the entire area by thoroughly wet -wiping
every surface in the work area (floor, wall, ceiling, etc.). At the end of this re-
cleaning process the Contractor shall notify the Owner's representative who shall
again take the required air samples.
VINSUMIS "I,
8.1. Once the area has been inspected and the fiber count is below the level stated
previously in specification section 02030, and after authorization from Owner's
representative, the containment shall be removed.
8.2. All workers shall continue to work in full protective clothing: disposal
coveralls, powered, air purifying respirators, etc.
8.3. 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
r to allow disposal in 6-mil bags.
8.4. Dismantle decontamination unit disposing of all waste materials in an approved
,r.. fashion. Ensure that all materials which are not to be bagged and delivered to waste
dump site are thoroughly cleaned.
8.5. After all materials have been bagged and the final shipment loaded on the
r vehicle for transport to the dump site, workers shall remove disposable suits, place
within waste disposal bag and load onto truck.
r 8.6. Contractor shall comply NESHAP regulation in 40 CFR and State of Texas
regulation for waste disposal in TAC.
OM 8.7. Contractor shall manifest loads on State of Texas Waste Manifest, properly
executed.
8.7.1. Contractor shall submit manifest and landfill receipts to Engineer at
project close out.
END OF SECTION 02090
02090 - 3
SPECIAL CONDITIONS
PM"
E
f
TO:
NOTICE OF ACCEPTANCE
The City of Lubbock, having considered the proposals submitted and opened on the day of
199--, for work to be done and materials to be furnished in and for:
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 day of 199 at the bid price contained therein, subject to the
execution of and furnishing of all contract documents, bonds, certificates of insurance, and 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 (S%) 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
Owner's Representative
7