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Home My WebLink AboutResolution - 5293 - Contract - Vanco Insulation Abatement - ACM Abatement, 19Th St Senior Center - 09_26_1996RESOLUTION NO. 5293 September 26, 1996 Item #20 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, attached herewith, by and between the City of Lubbock and Vanco Insulation Abatement of Midland, Texas, to install and furnish all materials and services as bid for the ACM Abatement at 19th Street Senior Center, and any associated documents, which Contract 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 26th day of September , 1996. ALEX "TY" 8OOKE, MAYOR PRO TEM ATTEST: Harold Willard, Interim City Secretary APPROVED AS TO CONTENT: Victor Ki n Purchasing Manager APPROVED AS TO FORM: Ddnald G. Vandiver, First City Attorney DGV :da/ccdocs/vanco. res September 18, 1996 5a93 CITY OF LUBBOCK SPECIFICATIONS FOR ACM ABATEMENT AT 19TH STREET SENIOR CENTER BID #13666 «,,C 6t'c� „ CITY of LUBBOCK Lubbock, Texas m m 0 r c w 0 z N w F", City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: CLOSE DATE: Office of Purchasing September 4, 1996 September 11, 1996 @ 2:00 P.M. ITB #13666 - ACM ABATEMENT AT 19TH STREET SENIOR CENTER ADDENDUM #2 The following items take precedence over specifications for the above named bid. Where any item called for in the bid documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed Section 4.4 Electrical Work which shall become a part of the specifications. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 PLEASE RETURN ONE COPY WITH YOUR BID. RSIca Enclosure THA YOU, RON SHUFFIE SENIOR BUYER F rr=hmeatld u= sveroa io oa AM 4.4 ELECTRICAL WORK 4.4.1 General: The abatement contractor is to remove the exsisting light fixtures from all ceilings in containment, clean and pass out for storeage on -site. Following the abatement and application of the new acoustical ceiling, ceiling grid the abatement contractor shall be responsible for re -installing the lights. 4.4.1.1 The asbestos abatement contractor shall employ a licensed electrician to re -install the lighting, j-box covers, and any conduit necessary. 4.4.2 Area with Acoustical Ceiling: The abatement contractor shall employ a licensed electrician to re -install the ceiling mounted light fixtures. Install in same location and as originally mounted. 4.4.3 Area with Lay -in Ceilings: The asbestos abatement contractor shall shall employ a licensed electrician to re -install the light fixtures. Install in the same location and as originally mounted. Attach safety hangers to each and all cover plates. 4.4.4 Coordination: The asbestos abatement contractor shall coordinate with the electrician for the work. and the application of the ceiling to ensure sub -contractors perform this portion of the work in the specified time. END OF SECTION F r- r waiiiie City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: CLOSE DATE: Office of Purchasing August 27, 1996 September 11,1996 @ 2:00 P.M. RFP #13666 - ACM ABATEMENT AT 19TH STREET SENIOR CENTER ADDENDUM #1 The following items take precedence over specifications for the above named bid. Where any item called for in the bid documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed the Lump Sum Bid Contract. 2. Also, enclosed is Part 4 - Finishes, to include 4.1 through 4.3. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 T YOU RON S UFFIEL SENIOR BUYER PLEASE RETURN ONE COPY WITH YOUR PROPOSAL. RS/ca Enclosure I rp =haddc dad= W7M 1121 AM BID SUBMITTAL LUMP SUM BID CONTRACT r PLACE: DATE: PROJECT NUMBER: 13666 - ACM ABATEMENT AT 19TH STREET SENIOR CENTER Bid of (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 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and tabor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses Incurred in performing the work required under the contract documents. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID: ($ ) (Amount shall be shown In both words and numerals. In case of discrepancy, the amount shown in words shall govem.) ALTERNATE BID NO. 1: Acoustical Ceiling Spray/Acoustical Ceiling Tile, add 7 (seven) consecutive calendar days If accepted to time for completion. MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE BID NO 1: ($ ) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a rwritten "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 $200.00 (TWO HUNDRED DOLLARS) for each 27=hwk1 .&Ldw V27W 126 PM i. r� consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified In the written notice to proceed, and to substantially complete the work on which he has bid; as provided In the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which It is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax: (Seal if Bidder is a Corporation) ATTEST: Secretary 7 g'pivch:addmd-Ldoe 8*7/961121 AM r� PART 4 FINISHES 4.1 General 4.1.1 The contractor providing the specified finishes will be a sub -contractor to the asbestos abatement contractor. The general conditions explains contract conditions which will apply to these contractors. 4.1.2 The asbestos abatement contractor shall abate the ACM acoustical ceiling in the building. During the abatement two types of lay4n ceilings will be removed. These will be replaced with like materials or the same materials, Provide new gridwork and lay -in ceiling tile in the offices. Replace with same. Provide new grid work for the kitchen and re -install ceiling tile. The abatement �! contractor will remove and store existing tile. 4.1.3 The contractor shall vist the site to determine actual site conditions, working conditions, and verify all amounts of materials specified for replacement. Now allowance will be made for failure to verify quanities or working conditions. 4.2 Acoustical Ceiling (Blown -on) 4.2.1 Description of Work Provide all labor and material to re -spray the ceilings that are abated. All voids, �^ holes and damaged areas to the existing plaster must be repaired before re -spraying I begins. 4.2.2 Work Areas Provide new acoustical ceiling in all areas abated by the asbestos abatement contractor. The ceiling is through out the building except for the following areas: Public restrooms, mechanical rooms, and garage storage area. 4.2.3 Field Verification The contractor shall verify all measurements in the field. Square footages are not available. 4.2.4 Submittals Submit manufacturers' specification, application data and submit manufacturers' recommendation for maintenance and care. Proved a sample to the project manager of the acoustical spray back material to be used for approval. 4.2.5 Quality Assurance 9 This material must be applied by a contractor actively engaged in the acoustical spray back business with at least three years experience in installing the type of material C! 4 I i to be used. In addition, he is to verify that all of employees have been trained to spray this particular material. 4.2.6 Materials: USG ACOUSTICAL FINISH Applied Thickness: 1/2" uniform thickness MINIlVIUM. Noise Coefficient: 0.55 NRC MINIMUM Surface burning Characteristics: Flame spread 10, Smoke developed 25, (ASTMC523) Light Reflection: 72(ASTMC523) Weight of Dried Application: 1.2 to 1.5 lbs./ft. square at 1/2" thickness. The contractor is required to use the above manufacturer or an equal. Any other manufacturer used must be approved by the owner. 4.2.7 Coordination: This work must be coordinated by the abatement contractor. 4.2.8 Delivery and Storage: r All material must be delivered in its original package with labels attached. All materials must be stored in a dry secure location. 4.2.9 Warranties Furnish a written warranty that work will be free of defects from workmanship and material for a period of one year from final inspection. 4.3 Acoustical Lay -in Ceiling 4.3.1 Description of Work: Provide all labor and material to replace the lay -in ceilings where there is presently lay -in ceiling to match. 4.3.2 Work Areas Offices - Provide new gridwork system and ceiling tile. Match existing type and size. Kitchen Area - Prove new gridwork system and Re -Install ceiling tiles. The abatement contractor shall remove and store ceiling tile for re -use. 4.3.3 Submittals Submit manufacturers' specification and application data. In addition, submit manfacturers' recommendation for maintenance and care. 4.3.4 Quality Assurance r It r-� This material must be applied by a contractor actively engaged in the acoustical ceiling business. 4.3.5 Materials �,.. The ceiling is to match the existing 4.3.6 Coordination r- This work must be coordinated with the abatement contractor. 4.3.7 Delivery and Storage r^ All materials must be delivered in its original package with labels attached. All materials must be stored in a dry secure location. 4.3.8 Warranties Furnish a written warranty that work will be free of defects from workmanship for a period of two years from final inspection. END OF SECTION r f I t r t CITY OF LUBBOCK INVITATION TO BID FOR TITLE: ACM ABATEMENT AT 19TH STREET SENIOR CENTER ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13666 PROJECT NUMBER: 9534.9211 CONTRACT PREPARED BY: PURCHASING DEPARTMENT r + INDEX f 1. NOTICE TO BIDDERS .. 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL— BID FOR LUMP SUM CONTRACTS r4. PAYMENT BOND s 5. PERFORMANCE BOND r 6. CERTIFICATE OF INSURANCE 7. CONTRACT �* C 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 11. SPECIAL CONDITION i r NOTICE TO BIDDERS r l NOTICE TO BIDDERS BID #13666 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 11th day of September, 1996, or as changed by the issuance of formal addenda to all planholders, I to furnish all labor and materials and perform all work for the construction of the following described project: "ACM ABATEMENT AT 19TH STREET SENIOR CENTER" j After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. r., It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 26th day of September. 1996, at the Municipal Building, 1625 ,.. 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or F all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance i with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds 7 $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the i rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. ,. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without ! 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 r., award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 27th day of August, 1996, at 10:00 o'clock a.m., in the Purchasing Conference Room L-04, 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, 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. r t a• 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. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILM PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1623 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164, r GENERAL INSTRUCTIONS TO BIDDERS i 2. 5. 6 r�- F GENERAL INSTRUCTIONS TO BIDDERS 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 19TH STREET SENIOR CENTER. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 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. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 TIME 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. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for'use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a)The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A swom statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. ` 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a �. way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution'of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. r' 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all { cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. C In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given " sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their ! property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. INSURANCE l The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All �.., policies shall contain an agreement on the part of the insurer waiving the right to subrogation. k I 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. 18. , LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (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, swom, 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. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the _ bidder without being considered. t 21. PREPARATION FOR BID The bidder shall submit his bid 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 intends to do the work i contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govem. If the bid is submitted by an individual, his name must be signed by him or his duly *' authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business r,. address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner. (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no !' bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (f any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. A" If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered c ' incorporated by reference into the aforementioned contract documents. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of ell Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified I therein in a satisfactory manner. The bidder may also be required to give a past history and references In order l to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall fumish to the City of Lubbock all information for this purpose that may be requested. The City of i Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to �,., complete the work described therein. Evaluation of the bidder's qualifications shall include: 1 - 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, -- without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. r V BID SUBMITTAL € BID SUBMITTAL LUMP SUM BID CONTRACT PLACE:purchasing Manager's Office,Room L-04 DATE: September 10, 1996 PROJECT NUMBER: 13666 - ACM ABATEMENT AT 19TH STREET SENIOR CENTER Bid of _ Bidder) Vanco Insulation Abatement, Inc. (hereinafter called To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation forbids for the construction of a Asbestos Abatement at 19th Street Senior Citizens Center, Lubbock, Texas # 13666 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project In accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses Incurred In performing the work required under the contract documents. MATERIALS: Eleven Thousand,four Hundred,twenty f(pur 11,424.00 ) SERVICES: Fifty Thousand,three Hundred,Thirty TWV 50,332.00 ) TOTALBID:sixty One Thousand,Seven Hundred,Fifty(�Six 61,756.00 ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) ALTERNATE BID NO. 1: Acoustical Ceiling Spray/Acoustical Ceiling Tile, add 7 (seven) consecutive calendar days If accepted to time for completion. MATERIALS six Thousand,Seven Hundred,sixty Six($ 6,766.00 ) SERVICES:Twenty Two Thousand,Six Hundred,Thirt}t$Nine 22,639.00 ) TOTAL ALTERNATE BID NO 1:Twenty Nine Thousand, ($ 29,405.00 ) Four Hundred,F ve Do ars r- 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 (THIRM 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 $200.00 (TWO HUNDRED DOLLARS) for each xvwd addaU Aw V77)96126 PM consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. ic Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully 1 examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to r- substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashiers check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company. payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter Into a contract and execute all necessary bonds (if required) within (ten)10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) ore Bid Bond in the sum of F.IyE THOUSANDTIVE HV5Ufl$ 5_ 500 • �,c lch it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (NO SEAT, CORPORATION) (Seal if Bidder is a Corporation) ATTES Secretary NPlen JF� Crow I S Authorized Signature Coy Crow, president (Printed or Typed Name) VAnco Insulation Abatement, Inc. Company 5804 So. Fm, Rd. 1786 Address Midland Midland City, County Texas 79706 State Zip Code Telephone: 915 - 5 61- 9 2 2 4 Fax 9 ] 5 _ 563-4461 j g7z*vddend4AocVn1% 11s1 AM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond #210200 KNOW ALL MEN BY THESE PRESENTS, that we Vanco Insulation Abatement, Inc. there insert full name and address or legal title of Contractor) 5804 So. Fm. Rd. 1788, Midland, TX 79706 as Principal, hereinafter called the Principal, and Credit General Insurance Company of Texas n+ere insert full hams and address or legal title of Sttreerl 1200 Walnut Hill Lane, Irving, TX 75038 a corporation duly organized under the laws of the State of Texas as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock (Here iewert full naive and address or legal title of owner) p- Municipal Building, 1625 13th St., Lubbock, TX 79401 as Obligee, hereinafter called the Obligee, in the sum of Five Thousand Five Hundred & 00/100 —dollars ($ 5,500.00 ), 71 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Mere insert lull name, address and description of project] t Asbestos Abatement - 19th Street Senior Center Bid #13666 NOW, THEREFORE, if the Obligee shall accept the bid cf the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract r with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain 1 in full force and effect. G Signed and sealed this 9th day of September 19 96 Vanco Insulation Abatement, Inc. (Principal) (Seal) \\ (Witness) korow (Tide) 1 rreSiaent _ Credit General Insurance Company of Texas (Surety) (Seal) e M. Brennan (T tic) Attorney -in -Fact 71 AIA DOCUMENT A3110 • BID BOND • AIA • • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 F 7 Credit General Insurance Company of Texas POWER OF ATTORNEY 210200 KNOW ALL MEN BY THESE PRESENTS: That the Credit General Insurance Company of Texas, organized and existing under the Laws of the State of Texas does hereby nominate, constitute and appoint: �^^ Anne M. Brennan and William J. Ballay and Michael J. Friedrich { of Chicago, Illinois Its true and lawful Attomey(s)-in-Fact act to make, execute, attest, seal and deliver for and on its behalf and as its act and deed bonds or other writings obligatory in the nature of the bond on behalf of said Company, as surety, bonds, undertakings, and contracts of suretyship to be given to all obligees; provided, however, that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of One Millinn Twn Hnndmd Fifty Thm+eand and not,nn— Dollars ($ •ft.i�4qk nn.olw i• This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of Credit General Insurance Company of Texas on December 1, 1992: 'RESOLVED, That any two officers of the Company shaft have the authority to make, execute and deliver a Power of Attomey constituting as Attomeyfs)-In-Fact such persons, firms or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any cerdfrcate relating thereto by facsimm7e, and any such Power of Attomey or certificate beadng such facsimi7e signatures of facsimile seal shaft ba valid and binding upon the Company In the future with respect to any bond or undertak/ng to which It Is attached.' IN WITNESS WHEREOF, The Credit General Insurance Company of Texas has caused its corporate seal to be hereunto affixed, and these presents to be signed by two duly authorized officers this 13th day of January, A.D. 1994. CREDIT GENERAL INSURANCE COMPANY OF TEXAS stance e By: ' 8 RobertJ..Lucia, President • By: g Faze ecutive Vice President THE STATE OF OHIO CUYAHOGA COUNTY ` On this 13th day of January, A.D. 1994 before me personally came Robert J. Lucia and Gregory A. Fazekash, President and Executive Vice President, respectively, of Credit General Insurance Company of Texas, to me known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being duly sworn, deposed and said that they are the officers of said Company as aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, r" and that said corporate seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company referred to in the preceding instrument is now in full force and effect. *., IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. x � NbarYP11DIC ID Notary Public, State of Oh' t' I, Barry W. Moses, Secretary of Credit General Insurance Company of Texas, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey issued by Credit General Insurance Company of Texas, and that the same remains in full force and effect and has not been revoked; and furthermore, that the �., Resolution of the Board of Directors, as set forth above, remains in full force and effect and has not been revoked. In Witness Whereof, I have hereunto set my hand and ffixed the seal o :said C any at Beachwood, Ohio, this 9th dayof September A•D•,1995 �a,,'a"� eo 0y 6 ry W.rose, Secretary eJ� s sg+ LIST OF SUBCONTRACTORS Minority Owned Yes No 1. ❑ 0 2. 0 ❑ 3. 0 0 4. 0 ❑ 5. 0 0 6. 0 0 7. ❑ 0 s. 0 0 s. ❑ ❑ 10. ❑ 0 PAYMENT BOND O C T — 5*,-- V.{'. .-W E w ry 1 1 M1At_I Ta 1 !+µ i �rt } STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253 421(s) OP T'HE 'rms G4vERNMENT COOS (CONTRACTS MORE IMN 626,00a) VN N ALL MCN V THEE PRESENTS, Vial VM= I kSAS M &aCMMt Tm• (hereinafter called the Principai(s), 36 Principal(s), end Credit General In�ulrance Canpeny . ., (hereln0her caned j1he Sure [,�� as ur t s , A old nd fir i D�}tar;d unto the Giiy Of ulabGci: (tiere;;r~erter CcitlesC trio cm?lgee). In the amount of rruy S M macs {S� 91.1-1.1�b f fearful money orthe United 541109 for 11)e piryrncnl wheraor, the wild Rriocrppa[ end Surety bind thernsefre3a, And their term, �AmInt�irators, exeeulors, tvcr@Clnrt And asslans, jointly and severs;, firmly by these peasants. WIEREAS, the Principal haS enlCred into A Certain written Contract wiih the Oblige*, dated the , _ day or Atas abRWrent and Said Principat.under the law is required before: commencing the work provided Nr to said Contrad to extovte a bons! In At Amount of ;bid COniriscl which Conlraof 15 htraby referfed to End mode a Dart hereof o: tutiy and to the same extent as If tapled At lch�lh herein. NOW, TAREFORE, THE CONDiTiON OF THIS 01311GA'noN IS SUCH, that if the said Principal shall pay e11 t claimants sUppryrny labor end WRISPS1 to ht^t or a sul�contrauor In the p(OS86ulipn of th4rvrark provided for In said cantract, thcn. chit obligation shah be void; othervYiSe to rernarn In full force and tffe;ct; PROV;DED, HdWEYt`R, that this bond is executed pursuant to thee I)MOSlons Of Sectien 2253.52i(a) or *e Taxos GoverAmitit Code, and all habitities on this Rand shall to determined in AC004rC.e with the provisions of sold Al"cfe to the 361'" extent eta it It ► gre eopled dt length herelts. IN WlUtSS WHF-kffor, tlse said principal (s) and Surety (s) have signed And seated this instrvin&nj lliq ._.. day of' -=•. /9,_-. tk t,�c�,val Tt�t�artoe G r {il�clp,r l'es�®%. ey. _ .. BY!- (Titre) 1 OCT— 9-96 +,.QED i AuE —03 r" . OM The ar:dara+ W Surat cafttpany represe�nls that: it If d+tiy qua'itkd to do business In Texas, and hereby 'eSIQrlatEtt i�_a lk�r M�t;calV en agent resident In Lubbock County to wngai any raqul5it8 nOttces Ray be '011ve1Ed end on whNl sOrvief of procam may be had fn rrialters erfsfng put of such suretyship, t� 7ac�I Irt� ,Cfis�.��rryr .0proved as to forni. Ay of Lubbock � Y; _r t ttorney Note: if igned by an brticsr of tits Surely Camrkiij tithe must by on %lea eertifled extraLl from it',e by-i:rA% shovfing tat Ovio person hat authority to s.on s;,ch obligtstton. If stgnad by an Attorney in Foot, wb must have Copy of power of tforney for our fifes 0 cl CREDIT GENERAL INSURANCE COMPANY 10/3/96 E Ron Shaffield City of Lubbock Texas, r` Dept. Of Purchasing Re: Vanco Insulation Abatement Dear Mr. Sheffield: Credit General Insurance Company, one of the Phoenix Group of Insurance Companies, has in place the customary reinsurance surety treaties and we have as our partner American Reinsurance Company which is an A+ 12 according to the latest Best Key Rating Guide of the AM Best Company. I hope this information s of help to you, should you have any questions please call me at your convenience. t Thanks, r' ►�, L Michael Friedrich r Bond Department t, i. 1 l 4 Lakepoint Office Park • 3201 Enterprise Parkway • Beachwood, Ohio 44122 (216) 831-7500 • Fax (216) 831-7009 l C-edit General Insurance Company To be attached to and form a part of bond # 127358 i„ in the amount of $91,161.00 on behalf of vanco Insulation Removal, Inc. as principal, and executed by Credit General Insurance Company as surety in favor Of City of Lubbock, TX as obligee. This bond is executed on the following express conditions, which are precedent to any recovery hereunder. FIRST: The surety shall not be liable under this bond to the Obligee(s) unless the Obligee shall make payments to the Principal strictly in accordance with payment provisions of the contract between the Principal and the Obligee and said Obligee performs all of its other obligations required to be performed under said contract at the time(s) and in the manner therein prescribed. SECOND: This bond is not intended to be derived as any form of insurance coverage, therefore, it assumes no liability or insurance for any insurance required under the contract Further, that no claim, suite or other action can be brought against this bond because of any insurance requirement contained in the related contract, including but not limited to the lack of insurance coverage or inadequate coverage. THI RD: That no claim, suite or other action can be brought against this bond by anyone other than the named Obligee and those expressly authorized to do so by the statutes applicable to this bond. Signed, Sealed and Dated: October 3, 1996 Date witness v October 3, 1996 Date r Credit General Insurance Company POWER OF ATTORNEY _ N_O 127358 KNOW ALL MEN BY THESE PRESENTS: That the Credit General Insurance Company, organized and existing under the Laws of the State of Ohio does hereby nominate, constitute and appoint: r Anne M. Brennan and William J- Ballay and Michael J. Friedrich of Chicago, Illinois Its true and lawful Attomey(s)-in-Fact actto make, execute, attest, seal and deliver for and on its behalf and as its act and deed bonds or other writings obligatory in the nature of the bond on behalf of sa6d Company, as surety, bonds, undertakings, and contracts of suretyship to be given to all obligees; provided, however, that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of One Mullion Two Hundred FifEv Thousand and o0/1o0--- Dollars l5 0"1.250,000.00"- ). This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of Credit General Insurance Company on February 1, 1991: 'RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attomey consbrfuting as AttomeyW-In-Fact such persons, firms or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attomey or any certificate relating thereto by facsimile; and any such Power of Attomey or carfificate bearing such facsimile signatures of facsimAe seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF, The Credit General Insurance Company has caused its corporate seal to be r" hereunto affixed, and these presents to be signed by two duly authorized officers this 13th day of January, A.D.1994. ( CREDIT GENERAL INSURANCE COMPANY l %"suy+c By: l o �♦o�� a '� o Robert J. ia, President SEAL �. By: , G e o F ze96e five Vice President THE STATE OF OHIO r CUYAHOGA COUNTY F On this 13th day of January, A.D. 1994 before me personally came Robert J. Lucia and Gregory A. Fazekash, President and Executive Vice President, respectively, of Credit General Insurance Company, to me known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being duly swom, deposed and said that they are the officers of said Company as aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and that said corporate seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company referred to in the preceding instrument is now infull force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. LOIS A. GMER - Notmy PUN State of Ohio -Gemp C"M M-'7COf11tl1 sIonEq*w2-1 I, Barry W. Moses, Secretary of Credit General Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney issued by Credit General Insurance Company, and that the same remains in full force and effect and has not been revoked; and furthermore, thatthe Resolution of the Board of Directors, as set forth above, remains in full force and effect and has not been revoked. In Witness Whereof, I have hereunto set my hand and affixed the seat7of'd Corn any at Beachwood, Ohio, this 3rd day of October A.D.1996 • %Nsu v O SEAL aar W. o es, Secretary b� , "j`.� r PERFORMANCE BOND r a r r STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE r' (CONTRACTS MORE THAN $100,000) r t KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 19_, to r and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 19 Surety By: r i (Title) Principal By: (Title) By: (Title) By: (Title) r r { The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety .By: (Title) Approved as to Form City of Lubbock By: City Attomey * 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 attomey for our files. CERTIFICATE OF INSURANCE ki : 5 8 CERTIFICATE OF INSURANCE P . 06 TO: CITY OF LUBBOCK DATE: 10/2/96 F.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: Ars'bPg�ie Abes'trxne±t�t THIS 18 TO CERTIFY THAT Vanco Insulation Abatement (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and In accordance with the provisions of the standard policies used by this company, the further hereinartor described. Exceptions to standard policy noted hereon. I TYPE or IfJSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS �" r AAB196-582— DATE DATE — .�rrs•s r os.-rs.�e GenbralAggregate $ 1 , 000, 000 GENERAL LiA8R1TY XX Commercla►'General Lisblllty 0 Claims Made XX Ocn+rrerrce 03 9/9/96 9/9/97 Pro4ucts-Colnp10p G�'IIU_ 000 Personal & Adv, Inju E XX Owner's & Gtontractors Protective Each Occurrence; � XX Asb0.st9 tement Fire Damage (Any oneFtre)3�__5TT'1700 Mod Erp (Any one Person); AU —TO MOTWE UABrLiTy 0 Any Auto Combined Single Limn E 1 , 000 , 000 All Owned Airtos X Autos Bodily Injury (Per Penon) Schedu!ed 0 Hlred Autos' GBA0144 8 0 11 / 2 2 / 9 11 / 2 2 / Bodily injury (Per Accident) a_ , _ _—_• Property Damage 0 Non -Owned Autos 96 —�� GARAGELlA&LIfY �--•--• _. _. �..... 0 Any Auto Auto Only -Each Accident i 0 ,_ Other than Auto Only. Each Accident Aggregate S_ b 6urLhEiz"S RISK 0 t00% or the'roral Contact Price =` 0 rNsrALLATiONFLOATER 7C Ss Liat3i-W D Urnbrena Fohn Each Occurrence Aggregate i 0 Other Than Umbrella Form I _ lW'O 1_1FRSC5K1_4NSATiONANO --� -- EMPLO YERS' L1Askiry The Proprletor/ 0 Included Statutory UmRs Partners[Executive 0 Excluded Each Accident Ofricers are: 01sease Policy limn ;__--�_ Dlsebse-Each Employee ! City of Lubbock i3 an additi nal insu ed with i Waiver of Subrogation in their favor. ' The above policies either In the body thereof or by appropriate endorsement provide that they may not be c.-hanged or canceled byy the Insurer in less than the legal time required after the Insured has received written notice of such change or cancellai►on, or in case there Is no legal requirement, In less than rive days In 4¢vance of cancellwtiQn. ainsco on urlo FIVE COOIES OF THE CERTIFICATE OF INSURANCE Credi eral on GL (NamKQLLnf rer e.'I:ST BC SE`It TO TYS CtTY Of` LUSSOCK BY,, Title _Agent F * ' CERTIFICATE OF INSURANCE r F 9 7 TO: CITY OF LUBBOCK P.Q. BOX 2000 DATE: 10-2-96 LUBBOCK, TX 79457 TYPE OF PROJECT: Asbestos Abatment THIS IS TO CERTIFY THAT SAFETY",SOURCE r SERVIeES, INC. * (Name and Address of Insured) Is. at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of Insurance and In accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard polley noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY 0 Commercial General Liability General Aggregate t 0 Claims Made Products-Comp/Op AGG S D Occurrence Personal & Adv. Injury $ 0 Owner's & Contractors Protective Each Occurrence i 0 Fire Damage (Any one Fire) $ Mod Exp (Any one Person) S AUTOMOTIVE LIABIUTY 0 Any Auto Combined Single Umil S 0 All Owned Autos Bodily Injury (Per Person) S 0 Scheduled Autos Bodily Injury (Per Accidenl); 0 Hired Autos Property Damage $ D Non -Owned Autos 0 GARAGE LIABILITY 0 Any Auto Auto Only - Each Accident $ 0 Other than Auto Only. Each Accident S Aggregate $ 0 BUILDERS RISK 0 100% or the Total Contract Price S 0 INSTALLATION FLOATER S EXCESS UABIUTY 0 Umbrella Form Each Occurrence S Aggregate S D Other Than Umbrella Form S WORKERS COMPENSATION AND EMPLOYERSWABILWY WC4064212RA 5-17-96 -20-97 The Proprietor! 0 Included Statutory Limits Partners/Executive 0 Excluded Each Accident $0 0 Officers are; Disease Policy Umit S Disease -Each Employee E OTHER f 6 , The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there Is no legal requirement, in less than five days In advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE NATIONAL__UNION FIRE INS._ 141VST BE SENT TO TIHS CITY OF LUJSSOCK (Name ot insurer) r By. l , Title: (i1 *COVERS ALL EMPLOYEES OF THE INSURED AS RESPECTS THE EMPLOYMENT PM LEASING AGREEMENT WITH VANCO INSULATION ABATEMENT, INC. ts, , 7, OCT 01 196 15r37 19155504741 PAGE.01 roe fi CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract 7 I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by r- contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this I bid/proposal. r i Agent (Signature) Agent (Print) r•, Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: 6 t Date: CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid proposal and award the contract to another contractor. If you have any questions conceming these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)767-2165. BID #13666 - ACM ABATEMENT AT 19TH STREET SENIOR CENTER I 7 0"% CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: r REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor. (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.0 I CONTRACT N FCONTRACT C STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of September, 1996, 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 VANCO INSULATION ABATEMENT, INC. of the City of Midland, County of Midland, and the State of Texas hereinafter termed CONTRACTOR. r- WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements i described as follows: BID # 13666 - ACM ABATEMENT AT 19TH STREET SENIOR CENTER - $91,161.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to fumish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: secreTT A V D CO CO TENT: Owner's Representative r APPROVED A O F M: c r^, cityAttomey ATTEST: �^ Corporate Secretary Cl' By CONTRACTOR: VANCO INSULATION ABATEMENT, INC. ------------------ By: PRINTED NAME: (�� .^��✓ TITLE:s.�.�'t COMPLETE ADDRESS: Vanco Insulation Abatement, Inc. 5804 So. FM Rd. 1788 Midland, Texas 79706 is GENERAL CONDITIONS OF THE AGREEMENT roll r 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. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit VANCO INSULATION ABATEMENT, INC. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and GEORGE LISENBE. BUILDING & ENERGY ADMINISTRATOR, who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this 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 t.: behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to BiddersGeneral Instructions to BiddersBid 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. r s. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the Individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the �j last business address known to him who gives the notice. �i, 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 COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at _ Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished 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. r 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 cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. k 15. SUPERINTENDENCE AND INSPECTION r It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from p 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 r" furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications rprovided, 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 r" 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 6 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. 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. r 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall, be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and -- testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any 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. 0 i 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 requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES I It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting.the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative r when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By -agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, 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, i Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all C other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, -- general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be _ included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative fora written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to -complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owners Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owners Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable _ provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, 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 r agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of 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. t^' 28. CONTRACTOR'S INSURANCE E The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The 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. The Contractor shall procure and cant' at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1.000.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury �.. Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $1_,000.000 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, $1.000.000 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. The Contractor shall obtain a Builder's Risk policy in the amount of ° (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $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 contractoes/person's work on the project has been completed and accepted by the governmental -' entity. Persons providing services on the project ("subcontractor" in 0 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. I l The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; [ (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current f r t 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 r (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; r(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 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 coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried ,and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date bome by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (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. (8) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; r r r- (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This Includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at SIV440-3789 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; (i) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor. (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as _ required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such _ individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS. MATERIALMEN. AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of .those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain 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. w 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 Tall 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 any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The 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 i therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. r iThe 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. i 33. ASSIGNMENT AND SUBLETTING a 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. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential .. conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated �.. damages for the breach of the 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 r - sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and Intent of this contract, unless otherwise herein 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, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. HINDRANCE AND DELAYS In executing the contract 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 Owners Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, Area, solid contents,number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. 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. 7 39. PROTECTION OF ADJOINING PROPERTY 7 i 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. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this 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 Upon the issuance of the certificate of completion, the Owners 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 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually. incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with — reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims 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 .. i POW 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, requipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be field 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 r' (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 0 24 of this contract); it being understood that the'use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or 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 r., 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 7 remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care.to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the 'jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been 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 attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this 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 will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, _ 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 r- i 55 WK 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. 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. CURRENT WAGE DETERMINATIONS i March 14, 1996 Item #19 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 i WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8. 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall he as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 14th ATTEST: Betty M. Anson. City Secretary APPROVED AS TO CONTENT: `7)6waAA�e Mary And ws, Managing Director of Human Resources APPROVED AS TO FORM: a old Willard. Assistant City Attorney H W : da/ccdocs/pubw'orks. res February 14. 1996 rch , 1996. YOR i i EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 Paving and Highway Construction Prevailing Wage Rates Craft Houriv Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 a EX TT C r" Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. 14:1i: i Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. t r t t tpoll, p SPECIFICATIONS Pao r. i r r am TABLE OF CONTENTS Part 1 General Information 1.1 Definitions 1.2 Scope of Work 1.3 Description of Work 1.4 Applicable Standards and Guidelines 1.5 Submittals and Notices 1.6 Site Security 1.7 Emergency Planning 1.8 Pre -start Meeting Part 2 Materials and Equipment 2.1 Materials 2.2 Equipment 2.3 Substitutions Part 3 Execution 3.1 Preparation 3.1.1 Work Area Pre -cleaning 3.1.2 Worker Decontamination Enclosure 3.1.3 Waste Container pass -out Airlock 3.1.4 Barriers Between the Work Area and Occupied Areas 3.1.5 Maintenance of Enclosures 3.1.6 Establishing Emergency Exits 3.1.7 Removing and Cleaning Fixtures from Area 3.1.8 Removal of Building Structural Components 3.1.9 Commencement of Work 3.1.10 Enclosure System Approval 3 1.11 Alternative Procedures 3.2 Work place Entry and Exit Procedures 3.3 Training 3.4 Respiratory Protection PM ?�J}' X D - NQ S ;�1J �0 3.5 Protective Clothing 3.6 Removal Procedures r, 3.7 Clean-up 3.8 Encapsulation Procedures 3.9 Clearance Air Monitoring �• 3.10 Disposal Procedures 3.11 Transportation to the Landfill 3.12 Disposal at Landfill r 3.13 Re-establishment of the Work Area and Systems 3.14 Repairs Part 4 Support Activities 4.1 Training 4.2 Medical Monitoring Part 5 Appendix 5.1 Drawings s� F PMR PART 1 GENERAL INFORMATION 1.1 Definitions 1.1.1 Abatement - Procedures to control fiber release from asbestos containing materials. Includes removal, encapsulation, enclosure, repair, demolition and renovation activities. 1.1.1.1 ACGIN - American Conference of Governmental Industrial Hygienists, 6500 Glenway Ave. Building D-5, Cincinnati, Ohio 45211. 1.1.1.2 AIHA -American Industrial Hygiene Association, 4676 Columbia Parkway (R-8) Cincinnati, Ohio 45226. 1.1.1.3 Airlock - A system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated by distance of at least 3 feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow - through contamination. 1.1.1.4 Air monitoring - The process of measuring the fiber content of a known volume of air collected during a specific period of time. The procedure normally utilized for asbestos follows the NIOSH Standard Analytical Method for Asbestos in Air P&CAM 239 or Method 7400. For clearance air monitoring, electron microscopy methods may be utilized for lower detectability and specific fiber identification. 1.1.1.5 Air Sampling Professional - The professional contracted or employed by the Building Owner to supervise and/or conduct air monitoring and analysis schemes. This individual may also function as the Asbestos Project Manager, if qualified. Supervision of air sampling and evaluation of results should be performed by an individual who has completed an EPA approved NIOSH 582 course and has specialized experience in air sampling for asbestos. Other acceptable Air Sampling Professionals include Environmental Engineers, Architects," Chemists, and Environmental Scientists or others with equivalent experience in asbestos air monitoring and asbestos abatement. This individual shall not be affiliated in any way other than through this contract with the Contractor performing the abatement work. 1.1.1.6 Amended Water - Water to which a surfactant has been added. 1.1.1.7 ANSI - American National Standards Institute, 1430 Broadway, New York, N.Y. 10018. I 1.1.1.8 Asbestos -the asbestiform varieties of serpentine (chrysotile) rie beckite (crocidolite), cummingtonite- grunerite (amosite), anthrophyllite, and actinolite, and tremolite. 1.1.1.9 Asbestos Containing Material (ACM) - Material composed of asbestos of any type and in an amount greater that 1% by weight, either alone or mixed with other fibrous or non -fibrous materials. 1.1.1.10 Asbestos Containing Waste Material - Asbestos containing material or asbestos contaminated objects requiring disposal. 1.1.1.11 Asbestos Project Manager - That person designated by the Owner to manage all asbestos work. 1.1.1.12 ASTM - American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. 1.1.1.13 Authorized Visitor - The Building Owner (and any designated representatives) and any representative of a regulatory or other agency having jurisdiction over the project. l .1.1.14 Building Owner - The Owner or his authorized representative. 1.1.1.15 Certified Industrial Hygienist (CET) An industrial hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. (See Section 1.1.1.2 for address). 1.1.1.16 Clean Room - An uncontaminated area or room which is a part of the worker decontamination enclosure system with provisions for storage of worker's street clothes and clean protective equipment. 1.1.1.17 Contractor - The individual and/or business with which the Building Owner arranges to perform the asbestos abatement. It is recommended that wherever asbestos abatement is part of a larger project, the asbestos work be contracted separately and distinctly from other contract work. When this is not possible, the Contractor is responsible for the proper completion of project activities in accordance with this contract specifications even where a subcontractor has been retained to perform the actual abatement. 1.1.1.18 Curtained Doorway A device to allow ingress and egress from one room to another while permitting minimal air movement between the rooms, typically constructed by placing two overlapping sheets of plastic over an existing or temporarily framed . doorway, securing each along the top of the doorway, securing the vertical edge of one sheet along one vertical side of the doorway and securing the vertical edge of the other sheet along the opposite vertical side of the doorway. Other effective designs are permissible. 1.1.1.19 Decontamination Enclosure System - A series of connected rooms, separated from the work area and from each other by air locks, for the decontamination of workers and equipment. 1.1.1.20 Demolition - The wrecking or taking out of any load- supporting structural member of a facility together with any related handling operations. 1.1.1.21 Encapsulant -A liquid material which can be applied to asbestos containing material which controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (Bridging encapsulant) or by penetrating into the material and binding it's components together (Penetrating encapsulant). 1.1.1.22 Encapsulation - The application of an encapsulant to asbestos containing materials to control the release of asbestos fibers into the air. 1. l .1.23 Enclosure - The construction of an air -tight, impermeable, permanent barrier around asbestos containing material to control the release of asbestos fibers into the air. 1.1.1.24 EPA - U.S. Environmental Protection Agency, 401 M. Street S.W., Washington, D. C. 20460. 1.1.1.25 Equipment Decontamination Enclosure System - That portion of a j decontamination enclosure system designed for controlled transfer of material and ` equipment into or out of the work area, typically consisting of a washroom and holding area. 1.1.1.26 Equipment Room - A contaminated area or room which is part of the worker decontamination enclosure system with provisions for storage of contaminated clothing and equipment. 1.1.1.27 Facility - Any institutional, commercial or industrial structure, installation or building. 1.1.1.28 Facility component - Any pipe, duct, boiler, tank, reactor turbine or furnace at or in a facility or any structural member of a facility. 1.1.1.29 Fixed object - A piece of equipment or furniture in the work area which cannot be removed from the work area. 1.1.1.30 Friable Asbestos - Asbestos containing material which can be crumpled to dust, when dry, under hand pressure. 1.1.1.31 Glovebag Technique -A method with limited applications for removing small amounts of friable asbestos -containing material from HVAC ducts, short piping run, r i valves, joints, elbows, and other non -planar surfaces in a non -contained (plasticized) work area. The glovebag assembly is a manufactured or fabricated device consisting of a glovebag (typically constructed of 6 mil transparent polyethylene or polyvinylchoride plastic) two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The glovebag is constructed and installed in such a manner that it surrounds the object or material to be removed and contains all asbestos fibers released during the process. OSHA's definition of a glove bag is that it may be no larger than 60NW% may be used only one time, may not be slid along the pipe and may not be joined to form a continuos line of glove bags. All workers who are permitted to use the glovebag technique must be highly trained, experienced and skilled in this method. This definition will be strictly applied to on all projects. 1.1.1.32 HVAC - Heating, ventilation and air conditioning system. 1.1.1.33 HEPA Filter -A high efficiency particulate air filter capable of removing particles 0.3 microns in diameter with 99.97% efficiency. 1.1.1.34 HEPA Vacuum - A vacuum system equipped with HEPA filtration. 1.1.1.35 Holding Area - A chamber in the equipment decontamination enclosure located between the washroom and an uncontaminated area. The holding area comprises an airlock. 1.1.1.36 Movable Object - A piece of equipment or furniture in the work area which can be removed from the work area. 1.1.1.37 Negative Pressure Ventilation System - A portable exhaust system equipped with HEPA filtration and capable of maintaining a constant low velocity air flow into contaminated areas from adjacent uncontaminated areas. 1.1.1.38 NESHAPS -The National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61). 1. L 1.39 NIOSH - The National Institute for Occupational Safety and Health CDC- NIOSH, Building J N.E., Room 3007, Atlanta, Ga. 30333. 1.1.1.40 OSHA - The Occupational Safety and Health Administration, 200 Constitution Ave. Washington, D.C..20210.7 1.1.1.41 Outside Air - The air outside buildings and structures. 1.1.1.42 Plasticize - To cover floors and walls with plastic sheeting as herein specified. 1.1.1.43 Prior Experience - Experience required of the contractor on asbestos projects of similar nature and scope in insure capability of performing the asbestos abatement in a r satisfactory manner. Similarities shall be in areas related to material composition, project size, abatement methods required, number of employees and the engineering, work r. practice and personal protection controls required. 1.1.1.44 Removal - The stripping of any asbestos containing materials from surfaces or components of a facility. 1.1.1.45 Renovation - Altering in any way one or more facility components. Operations in which load -supporting structural members are wrecked or taken out are excluded. 1.1.1.46 Shower room - A room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold or warm running water controllable at the tap and suitably arranged for complete showering during decontamination. 1.1.1.47 Staging area - Either the holding area or some area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area. 1.1.1.48 Strip - To take off friable asbestos materials from any part of facility. 1.1.1.49 Structural Member - Any load -supporting member of a facility, such as beams and load -supporting walls or any non -load -supporting walls or any non -load -supporting member, such as ceilings and non -load -supporting walls. 1.1.1.50 Surfactant -A chemical wetting agent added to water to improve penetration. 1.1.1.51 Visible Emissions -Any emissions containing particulate asbestos material that are visually detectable without the aid of instruments. This does not include condensed un- r' combined water vapor. 1.1.1.52 Waste Transfer Airlock -A decontamination system utilized for transferring containerized waste from inside to outside of the work area. 1.1.1.53 Wet Cleaning -The process of eliminating asbestos contamination from building surfaces and objects by using cloths, mops or other cleaning utensils which have been dampened with water and afterwards thoroughly decontaminated or disposed of as asbestos contaminated waste. 1.1.1.54 Work Area - Designated rooms, spaces or areas of the project in which asbestos �,. abatement actions are to be under taken or which may become contaminated as a result of such abatement actions. A contained work area is a work area which has been sealed, plasticized, and equipped with a decontamination enclosure system. A non -contained work area is an isolated or controlled -access work area which has not been plasticized nor equipped with a decontamination enclosure system. 1.1.1.55 Worker Decontamination Enclosure -A decontamination system consisting of a clean room, a shower room and ,an equipment room separated from each other and from the work area airlocks and contained doorways. This system is used for all workers entering and exiting the work area and for equipment and waste pass out for small jobs. i t: 1.2 Scope of Work 1.2.1 General: This specification covers the abatement of asbestos hazards from City of Lubbock's Senior Citizens building. The contractor is to abate the ACM acoustical ceiling, and ACM pipe insulation from the mechanical rooms and kitchen. 1.2.1.1 All work must be done following TDH, TAPHA, EPA and OSHA regulations. The contractor and all workers are to be licensed by the State of Texas. All work is to be completed following these specifications and all applicable Federal and State of Texas regulations. Nothing in these specification should be construed to deviate from any applicable regulation. 1.2.2. Project schedule: The project shall be completed in 4 consecutive six, day work weeks (24 working days). Work hours shall be between the hours of 7:00 a.m. and 5:30 p.m. Monday through Friday.. The contractor shall work a minimum of a eight hour work day. 1.2.3 Work areas and ACM specified for removal: ACM ceiling in all areas of the building except the restrooms, mechanical rooms, and garage. Approximately 23,500 square feet. ACM aircell pipe insulation from the mechanical room and kitchen area. Approximately 200 lin. feet All quantities are to be field verified by the contractor. 1.2.4 Containments: The contractor shall place the entire building in containment. The contractor shall place a three stage decon unit in the garage area, and enter and exit through the overhead garage door. HEPA filtration devices shall exit the work area through the south entrance and south windows. 1.2.5 Pre -Abatement 1.2.5.1 Background air sampling for clearance level standard for the designated work area and the adjoining area is to be done by the Project Manager/air monitoring, technician. 1.2.5.2 No pre -abatement work is to start until the Project Manager has approved all submittals required in these specifications. 1.2.5.3 Representative for the City of Lubbock ( George Lisenbe) is to be notified as to work schedule and warning signs as required in 3.1.1.1 of these specifications are to be posted. I 1.2.5.4 Contractor is responsible for the securing of the work area as specified in 1.7 Barricades must be installed around the work area and as directed by the Owner. 1.2.5.5 Pre -clean and remove all furniture, fixtures and equipment from the work area and store as directed by the Owner. 1.2.5.6 Critical barrier and seal all electrical outlets, vents, lights, other openings and objects which can not be disconnected and removed from the work area. 1.2.5.7 Set up containment as required in 3.1.1. 1.2.5.8 Set up worker decontamination enclosure system as required in 3.1.2. 1.2.5.9 Establish and mark emergency exits as required in 3.1.3.5. 1.2.5.10 Install pressure differential ventilation equipment as to provide an air change in the work area every 15 minutes. This ventilation system is to remain in operation until final air clearance is received. 1.2.5.11 A strip recorder will be used to measure the negative air pressure within containment and a complete copy of this is to be provided to the Building Owner. A negative pressure of 0.020 or greater is to be maintained at all times. 1.2.5.12 After inspection and approval by the Project Manager of the procedures, respirator protection and the protective clothing to be used, removal work can begin. 1.2.6 Abatement Activities 1.2.6.1 All HVAC and any other ventilation must be shut down and disconnected. 1.2.6.2 Removal of asbestos containing material must be pre -wet with amended water and removed section at a time. 1.2.6.3 Contaminated material is to be bagged as it is removed. No build up of debris is to occur on the floor. Bags must be washed and placed in a second bag when bagging out. 1.2.6.4 Contractor is to furnish the Project Manager with a work schedule showing the start time and stop time each day and projected completion date. 1.2.6.4.1 The Contractor will be back charged by the Owner for the Project Manager's time plus 10% when the Contractor fails to work within these scheduled work hours due to late arrivals or no-shows. ii- FMR 1.2.6.4.2 The Contractor will be back charged by the Owner for the Project Manager's time plus 10% for failure to have on -site his competent person, as required by OSHA in r" 29 CFR 1926, or failure to have adequate personnel or equipment. 1.2.6.4.3 Charges for the Project Manager will be charged back to the Contractor by the Owner should the project not be completed on the date specified in the contract. 1.2.7 Final inspection according to specifications. 1.2.7.1 Final air samples will be taken by the Project Manager. Samples shall be analyzed by PCM. Should this set fail the contractor is to re -clean and a second set of samples taken, this set will be paid for by the contractor. 1.2.7.2 Disposal and transportation as per 3.10 of specification. 1.2.7.3 Complete documentation as per EPA requirements. To included Asbestos renovation demolition notification, contractors daily logs, worker and contractors licenses, waste manifest. Bound for owner. 1.2.8 Required Work Force: The required minimum work force for this project is ten (10) licensed asbestos workers and one licensed supervisor. All workers on this project must have a current state asbestos license when applicable well as current certification t and physical. 1.2.8.1 No pending application for workers or supervisors will be acceptable. All workers must have current certification as required by AHERA, and a current state license. 1.3 Description of Work 1.3.1 The asbestos abatement procedures specified herein shall be the (removal) (and) (encapsulation) (and) enclosure) of asbestos containing materials by competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos containing and asbestos contaminated materials and the subsequent cleaning of contaminated areas, who comply with all applicable Federal, State, and Local regulations and are capable of and willing to perform the work of this Contract. 1.3.2 The Contractor shall supply all labor, materials, services, insurance, permits and equipment necessary to .carry out the work in accordance with all applicable Federal, State and Local regulations, and these specifications. r 1.3.3 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from Ioss on account hereof, except that the Owner shall be responsible for all such loss when a particular design process on the product of a particular manufacture or manufacturer is rr specified, but if the Contractor has reason to believe the design, process or product I i specified is an infringement of a patent he shall be responsible for such loss unless he promptly gives such information to the Owner. 1.3.4 The Contractor is responsible for the grounds surrounding the buildings as well as the building itself during the removal time. 1.4 Applicable Standards and Guidelines 1.4.1 General Requirements 1.4.1.1 All work under this contract shall be done in strict accordance with all applicable Federal, State and Local regulations, standards and codes governing asbestos abatement and other trade work done in conjunction with the abatement. 1.4.1.2 The most recent edition of any relevant regulation, standard, document or code shall be in effect. Where conflict among the requirements or with these specifications exists the most stringent requirements shall be utilized. 1.4.1.3 Copies of all standards, regulations, codes, M.S.D. Sheets and other applicable documents, including this specification and all current licenses and certification shall be available at the work site in the clean change area of the worker decontamination system. 1.4.2 Specific Requirements. 1.4.2.1 Occupational Safety and Health Administration (OSHA) 1.4.2.1.1 Title 29 Code of Federal Regulations, Section 1910,1001-General Industry Standard for Asbestos. 1.4.2.1.2 1926.1101, titled, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, Actinolite", October 11,1994. 1.4.2.1.3 Title 29 Code of Federal Regulation, Section 1910, 134 General Industry Standard for Respiratory Protection. 1.4.2.1.4 Title 29 Code of Federal Regulations, Section 1926 Construction Industry. 1.4.2.1.5 Title 29 Code of Federal Regulations, Section 1910.2 Access to Employee Exposure and Medical Records. 1.4.2.1.6 Title 29 Code of Federal Regulations, Section 1910.1200 Hazard Communication. 1.4.2.2 Environmental Protection Agency (EPA) i. r 1.4.2.2.1 Title 40 Code of Federal Regulations, Part 61, Subparts A and M (Revised r• Subpart B)- National Emission Standard for Asbestos. 1.4.2.2.2 Title 40 CFR Part 61, Subpart G, 763.120-763.126 and Appendices A,C,D, and E titled Asbestos Abatement Projects: Worker Protection Rules" February 25, 1987. 1.4.2.2.3 Title 40 CFR Part 763 Subpart E, 763.80-763.99, and Appendices A and B titled, Asbestos Containing Materials in Schools" (AHERA rules) , July 1, 1992. 1.4.2.2.4 Title 40 CFR Part 763 Subpart E, Appendix C, titled, "Model Accreditation Plan" February 3,1994. 1.4.2.2.5 Title 40 CFR Part 763 Subpart E, Appendix B, titled, Work Practices and Engineering Controls for Small Scale, Short Durations Operations Maintenance and t Repair(O&M) Activities Involving ACM", July 1, 1992. 1.4.2.2.6 Title 40 CFR Part 763, Subpart E, Appendix D, titled, "Transport and Disposal of Asbestos Waste" July 1, 1993. 1.4.2.2.7 Title 40 CFR Part 763, Subpart F,Appendix A, Section 1, Titled," Polarized Light Microscopy", July 1, 1992. 1.4.2.2.8 Title 40 CFR Part 763, Subpart E, Appendix A, titled, "Transmission Electron Microscopy Analytic Methods", July 1 1992. 1.4.2.2.9 Title 49 CFR Chapter 1, Part 172, Appendix A, Subchapter C, October 1, 1992, and Title 49 CFR Chapter 1, Part 172, Appendix A, Subpart H, October 1, 1992. ( The above regulations are required to be on the job site by the TDH ( 295.33 ). 1.4.2.3 (Include citations for any State or Local regulations that apply to any phase of the asbestos abatement (e.g. Licensing regulation, disposal requirements) 1.4.2.4 (Title of all other guidelines, codes, or documents with which the abatement Contractor must comply or be familiar.) 1.5 Submittals and Notices 1.5.1 Contractor shall: 1.5.1.1 Prior to Commencement of Work: 1.5.1.1.1 All projects regardless of size must have a notification sent to the Texas Department of Health (10) ten working days prior to the start of the project. It is the responsibility of the abatement contractor to send this notification. The building owner is responsible for the permit fee that is required by the Texas Department of Health unless there is a prior agreement with the owner. Provide Building Owner with a copy of the notification. 1.5.1.1.2 Submit proof satisfactory to the Building Owner that required permits, license, site location and arrangements for transport and disposal of asbestos containing waste materials have been made. Obtain and submit a copy of handling procedures and list of protective equipment utilized for asbestos disposal at the landfill, signed by the Landfill Owner (Required for all abatement projects). 1.5.1.1.3 Submit documentation satisfactory to the Building Owner that the Contractor's employees, including foreman, supervisors and any other company personnel or agents who may be exposed to airborne asbestos fibers or who may be responsible for any aspects of abatement activities, have received adequate training that includes, at a minimum, information in Part 4, Section 4.1 of this document. 1.5.1.1.4 Submit documentation from a physician that all employees or agents who may be exposed to airborne asbestos in excess of background level have been provided with an opportunity to be medically monitored to determined whether they are physically capable of working while wearing the respirator required without suffering adverse health effects. In addition, document that personnel have received medical monitoring as required in OSHA 29 CFR 1910.1001. The Contractor must be aware of and provide information to the examining physician about unusual conditions in the work place environment (e.g. high temperatures, humidity, chemical contaminant) that may impact on the employee's ability to perform work activities. 1.5.1.1.5 Contractor should, after inspection of job site, submit in writing to the Owner any existing damage found. 1.5.1.1.6 Submit manufacturer's certification that the HEPA vacuum, negative pressure ventilation units and other local exhaust ventilation equipment conform to ANSI 29,2-79. 1.5.1.1.7 Document NIOSH approvals for all respiratory protective devices utilized on the site. Include manufacturer certification of HEPA filtration capabilities for all cartridges and filters. 1.5.1.1.8 Submit documentation of respirator fit -testing for all Contractor employees and agents who must enter the work area. This fit -testing shall be in accordancewith qualitative procedures as detailed in the OSHA Standard 29 CFR 1910.1025 Appendix D Qualitative Fit Text Protocol or be quantitative in nature. r r 1.5.1.1.9 Submit copy's of all M.S.D. sheets for all products that are to be used on the project. Copies of these sheets must be kept in a notebook at the job site. 1.5.1.2 During Abatement Activities: 1.5.1.2.1 Submit copies of all transport manifests, trip tickets and disposal receipts for all asbestos waste materials removed from the work area during the abatement process. 1.5.1.2.2 Submit daily copies of worksite entry logbooks with information on worker and visitor access. r' 1.5.1.2.3 Submit logs documenting filter changes on respirators, HEPA vacuums, negative pressure ventilation units, and other engineering controls. r 1.5.1.2.4 Submit results of materials testing conducted during abatement activities (e.g. testing of encapsulant for depth of penetration, testing of substitute materials for adherence to encapsulated surfaces). 1.5.1.2.5 Post in the clean room area of the worker decontamination enclosure a list containing the names, addresses, and telephone numbers of the Contractor, the Building Owner, the Asbestos Project Officer, The General Superintendent, the Air Sampling Professionals, the Testing laboratory and any other personnel who may be required to assist during abatement activities (e.g. Safety Officer, Building Maintenance Supervisor, Energy Conservation Officer). 1.5.2 Owner Shall: 1.5.2.1 Prior to Commencement of Work: 1.5.2.1.1 Notify occupants of work areas that maybe disrupted by the abatement of project dates and requirements for relocation. Arrangements must be made prior to start, for relocation of desks, files, equipment and personal possessions to avoid unauthorized access into the work area. 1.5.2.1.2 Document that Owner's employees who will be required to enter the work area during abatement have received training equal to that detailed in Part 4, Section 4.1. (This training may be provided by the Contractor's or the Owner's training consultant at the Owner's discretion). 1.5.2.2 During Abatement 1.5.2.2.1 Submit to the Contractor, results of bulk material analysis and air sampling data collected during the course of the abatement. 1.5.2.2.2 The Contractor will be responsible for personal air monitoring as required by OSHA for his employees. 1.5.2.2.3 The Owner will be responsible for furnishing a Project Manager/Air Monitoring Professional. This Project Manager will be in charge of all air monitoring as required by the Owner. He will have the'authority'to stop work at any time he feels it necessary, because of failure of the Contractor to follow these specifications or regulations and for failure to provide safe working conditions. 1.6 Site Security 1.6.1 The work area is to be restricted to authorized, trained, and protected personnel only. These may include the Contractor's employees, employees of Subcontractors, Owner employees and representatives, State and Local inspectors and any other designated individuals. A list of authorized personnel shall be established prior to job start and posted in the clean -room of the worker decontamination facility. 1.6.1.1 Entry into the work area by unauthorized individuals shall be reported immediately to the Building Owner and the project manager by the Contractor. 1.6.1.2 In addition to the above log book each worker or each licensee on the project must keep a daily record of his or her activities (TDH Regulations 295.58 (d)). 1.6.1.3 A Log book shall be maintained in the clean -room area of the worker decontamination system. Anyone who enters the work area must record name, affiliation, . time in and time out for each entry. 1.6.1.4 Access to the work area shall be through a single worker decontamination system located at (designated location at the worksite). All other means of access (Doors, windows, hallways, etc.) shall be blocked or locked so as to prevent entry to or exit from the work area. The only exceptions for this rule are the waste pass -out airlock which shall be sealed except during the removal of containerized asbestos waste from the work area, and emergency exits in the case of fire or accident. Emergency exits shall NOT be locked from the inside, however, they shall be sealed with polyethylene sheeting and tape until needed. Emergency exit shall have a sign. 1.6.1.5 Contractor should have control of site security during abatement operations whenever possible, in order to protect work efforts and equipment. 1.6.1.6 Contractor will have Owner's assistance in notifying building occupants of impending activity and enforcement of restricted access by Owner's employees. 7" 1.7 Emergency Planning 1.7.1 Emergency planning shall be developed prior to abatement initiation and agreed to by Contractor and Owner. 1.7.1.1 Emergency procedures shall be in written form and prominently posted in the clean change area and equipment room of the worker decontamination area. Everyone, prior to entering the work area, must read and sign these procedures to acknowledge receipt and understanding of work site layout, location of emergency exits and emergency procedures. r' l 1.7.1.2 Emergency planning shall include written notification for police, fire and emergency medical personnel of planned abatement activities, work schedule and layout of r' work area, particularly that which may affect response capabilities. 1.7.1.3 Emergency planning shall include considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, confined spaces and heat related injury. Written procedures shall be developed and employee training in procedures shall be provided. 1.7.1.4 Employees shall be trained in evacuation procedures in the event of workplace emergencies. 1.7 1.5 For non life -threatening situations, employees injured or otherwise incapacitated shall decontaminate following normal procedures with assistance from fellow workers if necessary, before exiting the work place to obtain proper medical treatment. 1.7.1.6 For life -threatening injury or illness, worker decontamination shall take least priority after measures to stabilize the injured worker, remove him from the work place and secure proper medical treatment. 1.7.1.7 Telephone numbers of all emergency response personnel shall be prominently posted in the clean change area and equipment room, along with the location of the nearest telephone. 1.7.1.8 There must be a telephone available for emergency use at all times. If the owner does not have one on site the contractor must provide one at his expense. 1.8 Pre -Start Meeting 1.8.1 The successful Bidder shall attend a pre -start job meeting. Attending this meeting will be representatives of the Owner and the Owner's agents along with testing/monitoring personnel (e.g. Asbestos Project Manager, Air sampling Professional) who will actually participate in the Owner's testing/monitoring program. 1.8.1.1 The Contractor and supervisory personnel who will provide on -site direction of the abatement activities must attend. 1.8.1.2 At this meeting the Contractor shall provide all submittals as required, in Section 1.6. Failure to do this will result in the Contract being awarded to the next qualified Bidder. In addition he shall be prepared to provide detailed information concerning: 1.8.1.3 Preparation of work area. 1.8.1.4 Personnel protective equipment including respiratory protection and protective clothing. 1.8.1.5 Employees who will participate in the project; including delineation of experience, training, and assigned responsibilities during the project. 1.8.1.6 Decontamination procedures for personnel, work area and equipment. 1.8.1.7 Abatement methods and procedures to be utilized. 1.8.1.8 Required air monitoring procedures. 1.8.1.9 Procedures for handling and disposing of waste materials. 1.8.1.10 Procedures for final decontamination and cleanup: 1.8.1.11 A sequence of work and performance schedule. 1.8.1.12 Procedures for dealing with heat stress. 1.8.1.13 Emergency procedures. 1.8.1.14 Items that MUST be presented at the pre -start meeting are; Performance and Payment Bond, if required, Insurance Certifications, asbestos workers certifications, physicals and required State license for those workers to work on this project only, logs documenting filter changes in respirators, HEPA vacuum and negative pressure ventilation units, and work schedule. Failure to have this material ready at the pre -start meeting could result in the project being awarded to the next bidder. 1.8.1.15 The contractor shall submit the name of the project supervisor, (THIS SUPERVISOR CANNOT BE REPLACED WITHOUT PRIOR NOTIFICATION AND APPROVAL OF THE PROJECT MANAGER). The project manager is to be present at all times. He is to see that there is someone to maintain the containment at all times. PART 2 MATERIAL AND EQUIPMENT 2.1 Materials 2.1.1 General (all abatement projects). 2.1.1.1 Deliver all materials in the original packages, containers or bundles bearing the name of the manufacturer and the brand name. 4 2.1.1.2 Store all materials subject to damage off the ground away from wet or damp surfaces and under cover sufficient enough to prevent damage or contamination. Replacement materials shall be stored outside of the work area until abatement is completed. 2.1.1.3 Damaged, deteriorating or previously used materials shall not be used and shall be removed from the worksite and disposed of properly. 2.1.1.4 Polyethylene sheeting for walls and stationary objects shall be a minimum of 4-mil thick. For floors and all other uses sheeting of at least 6-mil thickness shall be used in widths selected to minimize the frequency of joints. 2.1.1.5 Method of attaching polyethylene sheering shall be agreed upon in advance by the Contractor and Building Owner and selected to minimize damage to equipment and surfaces. Method of attachment may include any combination of duct tape or other �•• waterproof tape, furring strips, spray glue, staples, nails, screws or other effective procedures capable of sealing polyethylene to dissimilar finished or unfinished surfaces under both wet and dry conditions (including the use of amended water). 2.1.1.6 Polyethylene sheeting utilized for worker decontamination enclosure shall be opaque white or black in color. .. 2.1.1.7 Sufficient protection should be placed under scaffold legs to prevent damage to the floor covering. Also extra protection should be used if scaffold legs come in contact with the seats. 2.1.1.8 Disposal bags shall be of 6-mil polyethylene, pre- printed with labels as required r by EPA regulation 40 CFR 61. 152 (b) (i) (iv) or OSHA requirement 29 CFR 1910.1001 (g) (2) (u)• 2.1.1.9 Disposal drums shall be metal or fiberboard with locking ring tops. 2.1.1.10 Stick -on labels as per EPA or OSHA. requirements (see 2.1.1.8) for disposal drums. 2.1.1.11 Warning sign as required by OSHA 29 CFR 1910.1001 (g) (i) (ii) or proposed in 29 CFR 1910.1001 Asbestos Proposed Rule, Federal Register and Vol. 49, Tuesday April 10, 1984 (recommended). 2.1.2 Removal 2.1.2.1 Surfactant (wetting agent) shall be a 50/50 mixture of polyoxyethlyene ether and polyoxyethylene ester, or equivalent, mixed in a proportion of 1 fluid ounce to 5 gallons of water or as specified by manufacturer. ( An equivalent surfactant shall be understood to mean a material with a surface tension of 29 dynes/cm as tested in its properly mixed concentration using ASTM method D1331-56- "Surface and Interfacial Tension of Solutions of Surface Active Agents") Where work area temperature may cause freezing of the amended water solution, the addition of ethylene glycol in amounts sufficient to prevent freezing is permitted. 2.1.2.2 After removal a lock down spray must be used to contain any fiber remaining imbedded in the substrate. Care must be taken to cover the entire work area completely. 2.1.2.3 Additional materials as necessary for removal, as specified in 2.1.2. 2.2 Equipment 2.2.1 General (all abatement projects) 2.2.1.1 A sufficient quantity of negative pressure ventilation units equipped with HEPA filtration and operated in accordance with ANSI 29.2.79 (local exhaust ventilation requirements) and EPA guidance document EPA 560/5-83-002 Guidance for controlling Friable Asbestos -Containing Materials in Building Appendix F: Recommended Specifications and Operating Procedures for the Use of Negative Pressure Systems for Asbestos Abatement shall be utilized so as to provide one work place AIR CHANGE EVERY 15 MINUTES. To calculate total air flow requirement: Total ft. 3 /min=Vol. of work area (in ft.3) To calculate the number of units needed for the abatement: Number of units needed= (total cu. ft./min) (capacity of unit in cu. ft./min) If air -supplied respirators are utilized, estimate the volume of supplied air and add to work place air volume when calculating ventilation requirements. For small enclosures and glove bags, a HEPA filtered vacuum system may be utilized to provide negative air pressure. 2.2.1.2 Type "C" air supplied respirators in positive pressure or pressure demand mode with full face piece and HEPA filtered disconnect protection are recommended by the U.S. EPA for all full shift abatement work until the successful completion of final clearance air monitoring. Powered air purifying respirators equipped with HEPA filters and full face pieces of respirators with a higher NIOSH assigned protection factor may be used for r inspection or repair work for less that 1 hour duration per day. A sufficient supply of ` charged replacement batteries and filters and a flow test meter shall be available in the r, clean change area for use with powered air purifying respirators. Half Mast, respirators with dual high -efficiency (HEPA) filters may be utilized during work area preparation activities. (See Section 3.4.1.2.) ,r. Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear full face piece respirators. Respirators shall be provided that have been tested and approved by the National Institute of Occupational Safety and Health for use in A- asbestos contaminated atmospheres air volumes and pressures to accommodate respirator manufacturer's specifications. The compressed air systems shall have a receiver of adequate capacity to allow escape of all respirator wearers from contaminated areas in the event of compressor failure. Compressors must meet the requirements of 29 CFR 1910.134 (d). Compressors must have an*in-line carbon monoxide monitor and periodic inspection of the carbon monoxide monitor must be evidenced. Documentation of adequacy of compressed air systems/respiratory protection system must be retained on site. This documentation will include a list of compatible components with the maximum number and type of respirators that may be used with the system. Periodic testing of r' compressed air shall insure that systems provide air of sufficient quality (Grade D breathing air as described in Compressed Gas Association Commodity Specifications G- 7.1). 2.2.1.3 Full body disposable protective clothing, including head, body and foot covering (unless using footwear as described in 2.2.1.5) consisting of material impenetrable by asbestos fibers (Tyvek R or equivalent) shall be provided to all workers and authorized visitors in sizes adequate to accommodate movement without tearing. 2.2.1.4 Additional safety equipment (e.g. hard hats, meeting the requirements of ANSI Standard Z89.1-1981, eye protection, meeting the requirements of ANSI Standard Z87.2- 1979, safety shoes, meeting the requirement of ANSI Standard Z41.1-1067, disposable PVC gloves), as necessary shall be provided to all workers and authorized visitors. 2.2.1.5 Non -Skid footwear shall be provided to all abatement workers. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. 2.2.1.6 A sufficient supply of disposable mops, rags and sponges for work area decontamination shall be available. 2.2.2 Removal 2.2.2.1 A sufficient supply of scaffolds, ladders, lifts, and hand tools (e.g. scraper, wire cutters, brushes, utility knives, wire saws, etc.) shall be provided as needed. 2.2.2.2 Sprayers with pumps capable of providing 500 pounds per square inch (psi) at the nozzle tip at a flow rate of 2 gallons per minute for spraying amended water. 2.2.2.3 Rubber dustpans and rubber squeegees shall be provided for cleanup. 2.2.2.4 Brushes utilized for removing loose asbestos containing material shall have nylon or fiber bristles, not metal. 2.2.2.5 A sufficient supply of HEPA filtered vacuum systems shall be available during cleanup. 2.2.3 Enclosure 2.2.3.1 (Specify tools to be used to install enclosure supports and enclosures.), Hand tools equipped with HEPA filtered local exhaust ventilation shall be utilized during the installation of enclosures and supports if there is any need to disturb asbestos containing materials during this process. (As an alternative asbestos material may be partially — removed following proper removal procedures prior to the installation of supports and enclosures). 2.3 Substitutions'. 2.3.1 Approval Required: 2.3.1.1 The Contract is based on the materials, equipment and methods described in the Contract Documents. 2.3.1.2 The Building Owner will consider proposals for substitutions of materials, equipment and methods only when such proposals are accompanied by full and complete technical data and all other information required by the Owner to evaluate the proposed substitution. — 2.3.1.3 Do not substitute materials, equipment or methods unless such substitution has been specifically approved for this work by the Building Owner and project manager. 2.3.2 "Or equal": 2.3.2.1 Where the phrase " or equal' or "or equal as approved by the Owner" occurs in the Contract Document, do not assume that materials, equipment or methods will be approved by the Owner.unless the item has been specifically approved for the work by the Owner and project manager. 2.3.2.2 The decision of the Owner or his representative shall be final. PART 3 EXECUTION 3.1 Preparation i� 3.1.1 Work Area 3.1.1.1 Post caution signs meeting the specifications of OSHA 29 CFR 1910.1001 (g) (1) (ii) at any location and approaches to a location where airborne concentrations of asbestos may exceed ambient background levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs may need to be posted following construction of work place enclosure barriers. 3.1.1.2 Insure safe installation (including ground faulting) of temporary power sources and equipment by compliance with all applicable electrical code requirements and OSHA requirements for temporary electrical systems. All cost for electricity shall be paid for by the Owner unless otherwise specified. 3.1.1.3 Shut down and lock out all heating, cooling and air conditioning system (HVAC) components that are in, supply or pass through the work area. (Note: Interiors of existing duct work may require decontamination. This may be done during the pre -cleaning phase of operations before the duct work is sealed off or during the final cleaning phase prior to re -engagement of the system. Appropriate equipment and control measures shall be utilized to prevent contamination of building spaces during this operation. Adequate cleaning of ductwork may sometime be accomplished by drawing high volumes of air through the system using the HEPA filtered negative pressure ventilation units) Investigate the work area and agree on pre -abatement condition with the Building Owner. Seal all intake and exhaust vents in the work area with tape and 6 mil polyethylene. Also seal any seams in system components that pass through the work area. Remove all HVAC filters and place in labeled 6-mil polyethylene bags for staging and eventual. disposal as asbestos contaminated waste. 3.1.1.4 The Contractor shall provide sanitary facilities for abatement personnel outside of the enclosed work area and maintain them in a clean and sanitary condition throughout the project. 3.1.1.5 The Owner will provide water for construction purposes. Contractor shall connect to existing Owner system. 3.1.1.6 Pre -clean all movable objects within the work area using a HEPA filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects shall be removed from the work area and carefully stored in an uncontaminated location. (Carpeting, drapes, clothing, upholstered furniture and other fabric items may be disposed of as asbestos contaminated waste or cleaned as asbestos contaminated items utilizing HEPA vacuum techniques and off- premises steam cleaning. Since adequate cleaning of r severely contaminated fabric is difficult, the Building Owner or project manager must carefully consider whether this option is an appropriate one. 3.1.1.7 Pre -clean all fixed objects in the work area using HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where access may be difficult. After pre -cleaning, enclose fixed objects in 4-mil polyethylene sheeting and seal securely in place with tape. 3.1.1.8 Pre -clean all surfaces in the work area using HEPA filtered vacuums and/or wet cleaning methods as appropriate. Do not use any methods that would raise dust such as dry sweeping or vacuuming with equipment not equipped with HEPA filters. Do not disturb asbestos containing materials during the pre -cleaning phase. 3.1.1.9 Seal off all windows, doorways, elevator opening, corridor entrances, drains, ducts, grills, grates, diffusers skylights and any other openings between the work area and uncontaminated areas outside of the work area (including the outside of the building, tunnels and crawl spaces) with 4-mil polyethylene sheeting and tape (see Section 3.1.4- Isolation work area from occupied areas). 3.1.1.10 Cover floors in the work area with polyethylene 3.1.1.10.1 Floor shall be covered with two layers of 6-Mil (minimum) sheeting. Additional layers of sheeting may be utilized as drop cloths to aid in cleanup of bulk materials. 3.1.1.10.2 Plastic shall be sized to minimize seams. If the floor area necessitates seams, those on successive layers of sheeting shall be staggered to reduce the potential for water to penetrate to the flooring material. A distance of at least 6 feet between seams is sufficient. DO NOT locate any seams at wall/floor joints. 3.1.1.10.3 Floor sheeting shall extend at least 12" up the side walls of the work area. 3.1.1.10.4 Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of material. (Vinyl sheeting may be used for improved traction on floors). 3.1.1.11 Walls shall be covered with two layers of 4 mil polyethylene sheeting. 3.1.1.11.1 Plastic shall be sized to minimize seams. Seams shall be staggered and separated by a distance of at least 6 feet. 3.1.1.11.2 Wall sheeting shall overlap floor sheeting by at least 12 inches beyond the wall/floor joint to provide a better seal against water damage and for negative pressure. Poo r 3.1.1.11.3 Wall sheeting shall be secured adequately to prevent it from falling away from the walls. This will require additional support attachment when negative pressure ventilation systems are utilized. 3.1.1.11.4 Lower utilities as necessary and re -install in a manner which permits proper utilization and does not disturb the integrity of the enclosure. Utility maintenance should not require the enclosure to be opened or disturbed. (If it does, an alternative abatement strategy is indicated.) 3.1.2 Worker Decontamination Enclosure Systems 3.1.2.1 Worker decontamination enclosure systems shall be provided at all locations where workers will enter or exit the work area. One system at a single location for each contained work area is preferred. These systems may consist of existing rooms outside of the work area, if the layout is appropriate, that can be enclosed in plastic sheeting and are accessible from the work area. When this situation does not exist, enclosure systems may be constructed out of metal, wood or plastic support as appropriate. k . 3.1.2.2 Plans for construction, including materials and layout, shall be submitted as shop drawings and approved, in writing by the Building Owner prior to work initiation. Worker decontamination enclosure systems constructed at the work site shell utilize 6 mil opaque black or white polyethylene sheeting or other acceptable materials for privacy. 3.1.2.3 The worker decontamination enclosure system shall consist of at least a clean room, a shower room, and an equipment room, each separated from each other and from the work area by airlock. 3.1.2.4 Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through curtained doorways consisting of two sheets of overlapping polyethylene sheeting. One sheet shall be secured at the top and left side, the other sheet at the top and right side. Both sheets shall have weights attached to the bottom to insure �- that they hang straight and maintain a seal over the doorway when not in use. Doorway design, providing equivalent protection and acceptable to the Building Owner may be utilized. 3.1.2.5 Access between any two rooms in the decontamination enclosure system shall be through an airlock with at least 3 feet separating each curtained doorway. Pathways into (from clean to contaminated) and out from (contaminated to clean) the work area shall be clearly designated. 7 3.1.2.6 Clean -room shall be sized to adequately accommodate the work crew. Benches shall be provided as well as hooks for hanging up street clothes. (Lockers may be provided for valuables, however, workers may be requested to secure valuables in their cars) Shelves for storing respirators shall also be provided in this area. Clean disposable clothing, replacement filters for respirators, towels and other necessary items shall be r 4 i provided in adequate supply at the clean room. A location for posting shall also be provided in this area. Whenever possible, a lockable door shall be used to permit access into the clean room from outside the work area. Lighting, heat and electricity shall be provided as necessary for comfort. This space shall not be used for storage of tools, equipment of materials, (except as specifically designated) or as office space. 3.1.2.7 Shower room shall contain one or more showers as necessary to adequately accommodate workers. Each shower head shall be supplied with hot and cold water adjustable at the tap. The shower enclosure shall be constructed to ensure against leakage of any kind. An adequate supply of soap, shampoo and towels shall be supplied by the Contractor and available at all times. Shower water shall be drained, collected and filtered through a system with at least 5 micron particle size collection capability. (Note: A system containing a series of several filters with progressively smaller pore sizes is recommended to avoid rapid clogging of filtration system by large particles. 3.1.2.8 The equipment room shall be used for storage of equipment and tools at the end of a shift after they have been decontaminated using a HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Replacement filters (in sealed containers until used) for HEPA vacuums and negative pressure ventilation equipment, extra tools, containers of surfactant and other materials and equipment that may be required during the abatement may also be stored here as needed. A drum lined with a labeled 6 mil polyethylene bag for collection of disposable clothing shall be located in this room. Contaminated footwear (e.g. rubber boots, other reuseable footwear) shall be stored in this area for reuse the following workday. 3.1.3 Waste container pass -out airlock (usually required only on large jobs) and emergency exits. 3.1.3.1 The waste container pass -out airlock shall be constructed at some location away from the worker decontamination enclosure system. Wherever possible, this shall be located where there is direct access from the work area to the outside of the building. 3.1.3.2 This airlock system shall consist of an airlock, a container staging area and another airlock with access to outside the work area. 3.1.3.3 The waste container pass -out airlock shall be constructed in similar fashion to the worker decontamination enclosure system using materials and airlock and curtain doorway design. 3.1.3.4 This airlock system SHALL NOT be used to enter or exit the work site. 3.1.3.5 Emergency exits shall be established and clearly marked with duct tape arrows or other effective designations to permit easy location from anywhere within the work area. They shall be secured to prevent access from uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed with polyethylene sheeting which r a can be cut to permit egress if needed. These exits may be the worker decontamination enclosure, the waste pass -out airlock and/or other alternative exits satisfactory to fire ,.. officials. 3.1.4 Barriers and Isolation of the Work Area 3.1.4.1 The contaminated work area shall be separated from, uncontaminated occupied areas of the building by the construction of air tight barriers. (Building Owner must clearly identify all areas that will be occupied.) 3.1.4.2 Walls shall be constructed of wood or metal framing to support barriers in all openings larger than 4'x8'. 3.1.4.3 A sheeting material (plywood, drywall) of at least 3/8" thickness shall be applied to work side of barrier. 3.1.4.4 Cover both sides of partition with a double layer of 6 mil polyethylene sheeting with staggered joints and seal in place. 3.1.4.5 Caulk edges of partition at floor, ceiling, walls and fixtures to form an air tight seal. 3. I.5 Maintenance of work place barriers and worker decontamination enclosure systems. 3.1.5.1 Following completion of the construction of all polyethylene barriers and decontamination system enclosures, allow overnight settling to insure that barriers will remain intact and secured to walls and fixtures before beginning actual abatement activities. 3.1.5.2 All polyethylene barriers inside the work place, in the worker decontamination enclosure system, in the waste container pass -out airlock and at partitions constructed to isolate the work area from occupied area shall be inspected at least twice daily, prior to the start of each day's abatement activities and following the completion of the day's abatement activities. Document inspections and observations in the daily project log. 3.1.5.3 Damage and defects in the enclosure system are to be repaired immediately upon discovery. T 3.1.5.4 Use smoke tubes to test the effectiveness of the barrier system when directed by Building Owner. 3.1.5.5 At any time during the abatement activities after barriers have been erected, if visible material is observed outside of the work area or if damage occurs to barriers, work shall immediately stop, repairs be made to barriers, and debris/residue cleaned up using appropriate BEPA vacuuming and wet mopping procedures. 3.1.5.6 If air samples collected outside of the work area during abatement activities indicate airborne fiber concentrations 0.01 f/cc or greater, or per -measured background levels (which is lower) work shall immediately stop for inspection and repair of barriers. Cleanup of surfaces outside of the work area using HEPA vacuum or wet cleaning techniques may be necessary. 3.1.5.7 Install and initiate operation of air filtration equipment as needed to provide one air change in the work area ever 15 minutes. (See Section 2.2.1.1) Enough exhaust air must be vented through a HEPA filter to maintain a lower air pressure within the enclosure system than the outside air pressure. Openings made in the enclosure system to accommodate these units shall be made air tight with tape and/or caulking as needed. If more than one unit is vented to the outside, they should be turned on 1 at a time, checking the integrity, of wall barriers for secure attachments and need for additional reinforcements. Insure that adequate power supply is available to satisfy the requirements of the air filtration equipment. Air filtration equipment shall be exhausted to the outside of the building wherever feasible. They shall not be exhausted into occupied areas of the building. Twelve inch expansion duct shall be used to reach from the work area to the outside when required. Careful installation, air monitoring and daily inspections shall be done to insure that the duct does not release fibers into uncontaminated building areas 3.1.6 Establishing Emergency Exits 3.1.6.1 Clearly identify and maintain emergency and fire exits from the work area. 3.1.7 Removing and Cleaning Fixtures 3.1.7.1 Remove, clean and enclose in polyethylene the ceiling mounted objects such as lights and other items that may interfere with the abatement process and were not previously cleaned and sealed off. Utilize localized spraying of amended water and/or HEPA vacuum to reduce fiber dispersal during the removal of these fixtures. 3.1.8 Removal of building structural components, not used. 3.1.8.1 All building structural components that can be removed are to be cleaned and moved to a secure storage area prior to abatement. After abatement is complete all components are to be replaced in original location and condition. 3.1.9 Commencement of work shall not occur until: 3.1.9.1 No abatement work is to start until the Owners Project Manager has given his approval and all of section 3.1.10 has been completed. 3.1.10 Enclosure systems approval r3.1.10.1 Negative pressure ventilation systems are functioning adequately and negative pressure is a minimum .02 inch water column on the manometer. r- u . 3.1.10.2 All pre -abatement submissions, notification, posting and permits have been provided and are satisfactory to the Building Owner ( see Section 1.5). r 3.1.10.3 All equipment for abatement, clean-up and disposal are on hand. 3.1.10.4 All worker training (and certification) is completed. 3.1.10.5 Contractor receives written permission from Building Owner or his Representative to commence abatement. 3.1.11 Alternative Procedures 3.1.11.1 Procedures described in this specification are to be utilized at all time. 3.1.11.2 If specified procedures cannot be utilized, a request must be made in writing to the Building Owner providing details of the problem encountered and recommended alternatives. 3.1.11.3 Alternative procedures shall provide equivalent or greater protection than procedures that they replace. 3.1.11.4 Any alternative procedure must be approved in writing by the Building Owner prior to implementation. f