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Resolution - 2001-R0165 - Contract Bid For Municipal Auditorium Abatement - Asbestos Removal, Inc. - 04/26/2001
Resolution No. 2001-RO165 April 26, 2001 Item No. 42 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract per Bid #080- 01/RS for City of Lubbock Municipal Auditorium ACM abatement, by and between the City of ]Lubbock and Asbestos Removal, Inc. of Odessa, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of April , ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 0&!feq Victor Kilma , Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Asbestos Removal Inc.res April 11, 2001 CITY OF LUBBOCK SPECIFICATIONS FOR CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT BID #080-011RS tal BOND CHECK BEST RATING � f LICENSED IN TEXAS DATE �a BY 1 � " A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas L:;:51 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 �* http://purchasing.ci.lubbock.tx.us k. ITB #080-01/RS, Addendum #1 ADDENDUM #1 ITB #080-01 /RS City of Lubbock Municipal Auditorium ACM Abatement MAILED TO VENDOR: March 22, 2001 OLD CLOSE DATE: March 29, 2001 @ 4:00 P. M. �- NEW CLOSE DATE: April 11, 2001 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has been changed from March 29, 2001 at 4:00 P. M. to the new closing date of April 11, 2001 at 2:00 P. M. 2. This project must be completed between May 27, 2001 and July 19, 2001. 3. Total bid shall include the repair to approximately 820 square feet of ceiling plaster. 4. Total bid shall include spray back acoustical ceiling color. Acoustical will be tinted to match existing ceiling, or an acceptable equal approved by the Owner. 5. Drawing, Sheet Al, delete note 1 in the foyer. This area will be abated and a new acoustical applied. 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: or Email to: 080-01Rsadd1 (806)775-2164 Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING ^ 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 hftp://purchasing.ci.lubbock.tx.us ITB #080-01/RS, Addendum #2 ADDENDUM #2 ITB #080-01 /RS City of Lubbock Municipal Auditorium ACM Abatement MAILED TO VENDOR: March 22, 2001 CLOSE DATE: April 11, 2001 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. There is an estimated 39,000 square feet of acoustical to abate and approximately 37,000 square feet of acoustical put -back. 2. In the Specifications, Page 36, Section 6.2, Acoustical Ceiling (Blown On) 6.2.4 Materials: The contractor may use Sonotex Acoustical finish, if available, or United States Gypsum USG equal. Color shall be white or off white. 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)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY F LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 080-01 Rsadd2 s-°-,Mar-29-01 12:29P r Com anName Contact person Fax Number k Tar a, Inc. Total Abatement Environmental Reconditioning Pat Kolar Gary T san West 713-461-8571 972-771-6285 915-778-3627 Abatement Services Vanco Asbestos Removal, Inc. Co Crow Ron Osborn 915-563-4461 915-333-1929 Bexar Environmental West Texas Abatement Carl Leo Padgett 210-436-4731 806-744-5866 Olmos Abatment Willard Click 512-251-7707 At walk through have not pd forspec Z&Z Environmental n/a n/a AMSI n/a n/a Southwest Constructors Bill Post 512-835-9865 P_03 „.I k CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 080-01/RS PROJECT NUMBER: 8433.9212 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS ,. 10. SPECIFICATIONS .ft NOTICE TO BIDDERS W" NOTICE TO BIDDERS BID #080-01/RS 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 4:00 o'clock a.m. on the 29th day of March 2001, or as changed by the issuance of formai addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project with a budget amount of $235,000.00: "CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 4:00 o'clock p.m. on the 29th day of March 2001, and the City of Lubbock City Council will consider the bids on the 12th day of April 2001 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond 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. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. 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 fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid conference on 21st day of March 2001 at 11.00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock, Texas Purchasing Department, Room L04. Plans and specifications may be obtained by the bidder for a:$50.00 non- refundable charge per set. Plans and specifications may be obtained through King Consultants, Inc., 1205 East 46t Street, Lubbock, Texas 79408, (806) 763-6157. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to thisadvertisement, 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) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK : VICTOR KILMA PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS P" GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT per the attached specifications and contract documents. Sealed bids will be received no later than 4:00 p.m. CST, the 29th day of March, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #080-01/RS, CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager ., City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. �.. 2 PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting will be held at 11:00 a.m.. March 21st, 2001 in Purchasing Conference Room L04 Lubbock Texas All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. .� 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. ., 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITS, are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the �*. Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have'a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in .�„ any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 1 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 9 CONTRACT DOCUMENTS 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided e sufficient sums in its bid to complete the work. in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in anyway, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 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. 10 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 or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE on BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER City of Lubbock 1625 131h Street Lubbock, Texas 79401 Fax: (806) 775-2164 '^ Email: RShuffield@maii.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 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. 15 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 .•� 3 LwJ 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. 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall 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). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and - under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 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. 18 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 inforrtmation: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Acta 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES 4 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. 21 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. 22 EXPLOSIVES 22.1 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. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 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 AM 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. 23 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. 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the M" City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this coritract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof -of coverage insurance documents including workers compensation coverage for each subcontractor. S 25 LABOR AND WORKING HOURS 25.1 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 that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The 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: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 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. .e, 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 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 0•4 under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his �* classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown),have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his �*+ particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 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. 28 PREPARATION FOR BID 28.1 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 contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. ' 28.2 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 No Text the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. . 28.3 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: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 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 (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BiDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to cant' out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD ,.. 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock inits sole discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Bid Amount. K PM 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder °~ would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS Am INVITATION TO BID. r N= r No Text BID SUBMITTAL LUMP SUM BID CONTRACT BATE: 4M/2001 —PROJECT NUMBER: #080-01/RS - CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT Bid of Asbestos Remamll, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT 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: Seventy ei, ht tmusand tlD hundred sixty nine dollars ($ 78,269.00 } SERVICES: Oe hxrlred eidty tw dn3sand six Yaaybmd tmty eight dollars ($ 182,628.00 } TOTAL BID: aao hLyjJred sixty thousani eight l urrlred nimty seven dollars ($ 260,897.00 ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) 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 $325.00 (THREE HUNDRED TWENTY FIVE DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general F conditions of the contract documents. �. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder"agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. r; 1 FOS Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable ,n without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. ^" Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of =,000•00 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, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) 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. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. #1 Date 3/22/01 Addenda No.-TtT— Date --372-270-1 Addenda No. Date Addenda No. Date MIWBE Firm: A Date: 4/11/2001 Authorized SignatureIf Scott Fdga (Printed or Typed Name) Asbestos R w)al, Inc. Company F0 EcDc 1350 Address Wes , 1-mas 79768 Fritos City, County Tc.s 79762 State Zip Code Telephone: 915 - 333 4832 Fax: 915 13.1 -1929 Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 4*0 2 i LIST OF SUBCONTRACTORS Minority Owned Yes No 1 Unired m Smffoldirg, Inc - 2. kT llians 2. Tnan ation i3. anaw Arr, ict ; r�ai ❑ kk 4 ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. 8. ❑ ❑ a 10. ❑ ❑ 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. LLScott Fdw— i Contractor (Signature Contractor (Print) CONTRACTOR'S FIRM NAME: Asba� Rwoml, Inc. (Print or Type ) CONTRACTOR'S FIRM ADDRESS: FO Box 13508 Wessa, Texas 79768 Name of Agent/Broker: Wyatt Agaf-y Address of Agent/Broker: 1300 11thst write 305-E _ City/State/Zip: Hmtmd-Ue, Terms 77340 Agent/Broker Telephone Number: (936 ) Date: 4/11/2001 3291-3074 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #080-01/RS - CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING *�* 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #080-011RS, Addendum #1 ADDENDUM #1 ITB #080-01 /RS City of Lubbock Municipal Auditorium ACM Abatement MAILED TO VENDOR: March 22, 2001 OLD CLOSE DATE: March 29, 2001 @ 4:00 P. M. NEW CLOSE DATE: April 11, 2001 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has been changed from March 29, 2001 at 4:00 P. M. to the new closing date of April 11, 2001 at 2:00 P. M. 2. This project must be completed between May 27, 2001 and July 19, 2001. 3. Total bid shall include the repair to approximately 820 square feet of ceiling plaster. 4. Total bid shall include spray back acoustical ceiling color. Acoustical will be tinted to match existing ceiling, or an acceptable equal approved by the Owner. 5. Drawing, Sheet Al, delete note 1 in the foyer. This area will be abated and a new acoustical applied. 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)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 080-01 Rsadd1 fwe 03/29/01 17:01 8067752164 Var-29-01 02:42pm From -CITY OF LUBBOCK-PURCHASING 8067752164 T-836 0.01/02 F-616 ITS #080-01JRS, Addendum#2 _-7 City ofBubb PURCHASING DEPARTMENT ADDENDUM #2 r ROOM L04, MUNICIPAL BUILDING ITB #�80—Q���1 1625 13T" STREET LUBBOCK, TEXAS 79401 City of Lubbock Municipai PH: (805)775-2167Auditorium ACM Abatement FAX;{806)775-2164 5-216 http,//purchasing.ci.lubbock.tx.us MAILED TO VENDOR: March 22, 2001 CLOSE PATE: April 11, 2001 @ 2:00 P. M. The fallowing items take precedence over specifications for the above named Invitation to laid (ITS). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. OWN 1. There is an estimad 39,0©0, uare feet of acoustical to abate and approximatef 37,00 'square feel; of acoustical put -back. .� 2. In the Specifications, Page 36, Section 6.2, Acoustical Ceiling (Blown On) 6.2.4 Materials: The contractor may use Sonotex Acoustical finish, if available, or United States Gypsum USG equal. Color shall be white or off white. 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)775-2164 or Email to: Rshuffield@mail.ci.iubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffleld Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR RID. 080-01Rsadd2 p THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond # Z12097 KNOW ALL MEN BY THESE PRESENTS, that we ASBESTOS REMOVAL INC (Here insert full name and address or tepi title of Contractor) TEXAS as Principal, hereinafter called the Principal, and American Guarantee & Liability Ins. Co. (Here Insert full name and address or legal title of Surety) One Liberty Plaza 30th Floor New York, NY 10006 a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are field and firmly bound unto CITY OF LUBBOCK (Here insert full name and address or leaai title of Owner) TEXAS "" as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE BID AMOUNT Dollars ($TBD ). 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 (Here insert lull name, address and description of project) ABATE A.C. ACOUSTICAL CEILING CITY OF LUBBOCK MUNICIPAL AUDITORIUM NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or 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 with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. S' ned and sealed this 9TH day of APRIL 2U0 XI _ ASBESTOS REMOVAL INC Xncipal) (Seal) (�,i .P AMERICAN GUARANTEE & LIABILTY INS. CO. (Surety) (Seat) ILL!2 n , ld-k" 12A ANNE M. BRENNAN (Title) Attorney -in -Fact AIA DOCUMENT A310 - BID BOND - AIA ® - FEBRUARY 1970 ED - THE AMERICAN .,� INST)TUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20W6 1 No Text O\ r1 C M o 03 ci ct 03 z o A q A w E O r d PN` • W N c i 'Inn w?� C"3 x•1S U cn4 o U 03 •o cn �s y ul a� c a� a� t BOND CHECK GEST RATING t LICENSED IN, TEXAS DATE �R GY PAYMENT BOND r 61 0 ZURICH American Guarantee and Liability insurance Company One Liberty Plaza, 30'" Floor New York, NY €0006 AGLIC Bond Number: SUR SUR5231664 PERFORMANCE AND PAYMENT BORED KNOW ALL MEN BY THESE PRESENTS: That ASBESTOS REMOVAL, INC as Principal and American Guarantee and Liability Insurance Company One Liberty Plaza 30Fh Floor. New York NY 10006 , as Surety, are held and firmly bound unto U11�BOCK PO BOX 2000 LUBBOCK, TX 79457 AND NO/10a 0 Obligee, in the sum of TWO HUNDRED SIXTY THOUSAND EIGHT HUNDRED NINETY-SEVEN Dollars ($2,1,,l 7.0 ), for the payment of which sum, well and truly to be made, the Principal and Sureyin themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated with the Obligee for ASBESTOS ABATEMENT LUBBOCK MUNICIPAL AUDITORIUM #2403 which contract is by reference made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall faithfully perform said contract according to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of ., the work under said contract, then this obligation shall be void; otherwise it shall remain in Full force and effect. •* Subject to the named Obligee's priority, all persons who have supplied labor or material directly to the Principal for use in the prosecution of the work under said contract shall have a direst right of action under the payment portion of this Bond. The Bond is not intended by the parties to be, nor shall it be construed to be, an insurance policy, primary or excess, or in any other way be considered to satisfy the requirements for any type of insurance set forth in the contract documents between the Principal and the Obligee (hereinafter "the Contract"). The existence and maintenance of any and all insurance required by the Contract through the completion of any guaranty period provided therein shall be both a condition precedent and a condition subsequent to the Surety's duties, obligations and liabilities under the Bond. The Bond is not intended to be, nor shall it be construed to be, a contract, agreement or other instrument arranging for disposal or treatment, or arranging with a transporter for transport for disposal for treatment, of hazardous substances. The Surety is not liable under the Bond, to indemnify or compensate the Obligee for loss or Liability arising from personal injury or property damage, including consequential damages, whether or not caused by breach of the Bonded Contract. The Bond does not cover injuries. costs, damages, expenses, or other liability to any person which results from any release or Page 1 of 2 threatened release of hazardous substance or pollutant or contaminant, even if such release or threatened release is caused by conduct of the Principal or Obligee which is negligent, grossly negligent, or which constitutes intentional misconduct. In the event of default, the Surety's liability under the Bond is limited to providing funds for the cost of completion of the Contract work in accordance with the plans and specifications, less the balance of funds remaining to be paid under the Contract. The Surety is not obligated to tender another contractor to complete the work, enter into a takeover agreement with the Obligee for completion of the work, finance completion of the work by the Principal or in any way assume responsibility, directly or indirectly, for the work required to be performed. Under no circumstances shall the liability of the Surety exceed the penal sum of the Bond. Notwithstanding any provisions of the Contract or the Bond to the contrary, extension of the Contract completion date and material modification or changes to the Contract require actual receipt of notice by the Surety and authorization by the Surety to be bound by such extensions; modifications or changes. No suit or action shall be commenced against the Principal or Surety for any default in performance or for labor performed or materials supplied after the earlier of. (€) the contract duration period as set forth in the Contract at the time of execution plus any agreed extensions: or (€l) one year after substantial completion of work under the Contract, or {iii} one year after termination of the Contract in accordance with its terms and conditions. In no event shall the Surety be liable under any warranty provision in the Contract after one year from the date of substantial completion of work under the Contract. Should any provision of this Bond be unenforceable for any reason whatsoever, all remaining provisions herein shall nevertheless remain in full force and effect. The Bond is issued subject to the above express conditions which shall survive the release and discharge of the Surety from any further liability of its Bond obligations, and those conditions are accepted by the Obligee notwithstanding any obligation to the contrary in the Contract. (Principal) - Signed, sealed and dated this 10TH day of MAY 2001 ASBESTOS REMOVAL, INC By: JPI American Guarantee and Liability Insurance Company By: MARIA GONZALEZ orney-in-fact Page 2 of 2 No Text BOND CHECK BEST RATING � f LICENSED IN TEXAS QQ MATE By4 y s., roll PERFORMANCE BOND am P" .w P P ZURICH American Guarantee and Liability insurance Company One Liberty Plaza, Wh Floor New York, NY 10006 AGLIC Bond Number: SUR SUR5231664 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That ASBESTOS REMOVAL, INC as Principal, and American Guarantee and: Liability Insurance Company One Liberty Plaza 30`".Floo[,_. New York NY 10006�as Surety, are held and firmly bound unto PO BOX 2000 LUBBOCK, TX 79457 AND NOi100 Obligee, in the sum of TWO HUNDRED SIXTY THOUSAND EIGHT HUNDRED NINETY-SEVEN Dollars ($260,19.7.00 }, for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated with the Obligee for ASBESTOS ABATEMENT LUBBOCK MUNICIPAL AUDITORIUM #2403 which contract is by reference made a part hereof NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall faithfully perform said contract according to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of .., the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect. Subject to the named Obligee's priority, all persons who have supplied labor or material directly to the Principal for use in the prosecution of the work under said contract shall have a direct right of action under. the payment portion of this Bond. The Bond is not intended by the parties to be, nor shall it be construed to be, an insurance policy, primary or excess, or in any other way be considered to satisfy the requirements for any type of insurance set forth in the contract documents between the Principal and the Obligee (hereinafter "the Contract"). The existence and maintenance of any and all insurance required by the Contract through the completion of any guaranty period provided therein shall be both a condition precedent and a condition subsequent to the Surety's duties, obligations and liabilities under the Bond. The Bond is not intended to be, nor shall it be construed to be, a contract, agreement or other instrument arranging for disposal or treatment, or arranging with a transporter for transport for disposal for treatment, of hazardous substances. The Surety is not liable under the Bond, to indemnify or compensate the Obligee for loss or n liability arising from personal injury or property damage, including consequential damages, whether or not caused by breach of the Bonded Contract, The Bond does not cover injuries, costs, damages, expenses, or other liability to any person which results from any release or Page 1 of 2 threatened release of hazardous substance or pollutant or contaminant, even if such release or threatened release is caused by conduct of the Principal or Obligee which is negligent, grossly negligent, or which constitutes intentional misconduct. In the event of default, the Surety's liability under the Bond is limited to providing funds for the cost of completion of the Contract work in accordance with the plans and specifications, less the balance of funds remaining to be paid under the Contract. The Surety is not obligated to tender another contractor to complete the work, enter into a takeover agreement with the Obligee for completion of the work, finance completion of the work by the Principal or in any way assume responsibility, directly or indirectly, for the work required to be performed. Under no circumstances shall the liability of the Surety exceed the penal sum of the Bond. Notwithstanding any provisions of the Contract or the Bond to the contrary, extension of the Contract completion date and material modification or changes to the Contract require actual receipt of notice by the Surety and authorization by the Surety to be bound by such extensions, modifications or changes. No suit or action shall be commenced against the Principal or Surety for any default in performance or for labor performed or materials supplied after the earlier of: (i) the contract duration period as set forth in the Contract at the time of execution plus any agreed extensions: or (11) one year after substantial completion of work under the Contract, or (iii) one year after termination of the Contract in accordance with its terms and conditions. In no event shall the Surety be liable under any warranty provision in the Contract after one year from the date of substantial completion of work under the Contract. Should any provision of this Bond be unenforceable for any reason whatsoever, all remaining provisions herein shall nevertheless remain in full force and effect. The Bond is issued subject to the above express conditions which shall survive the release and discharge of the Surety from any further liability of its Bond obligations, and those conditions are accepted by the Obligee notwithstanding any obligation to the contrary in the Contract. Signed, sealed and dated this 10TH day of MAY 2001 ASBESTOS REMOVAL, INC (Principal) By: American Guarantee and Liability Insurance Company By: fl, k , a' �n / MARIA GONZALEZ J'Jorney -�n-fact Page 2of2 AMERICAN GUARANTEE, AND -LIABILITY INSURANCE COMPANY One Liberty Plaza, [30th Floor],, New York,, New York, 10006 SUR5231664 CERTIFIED POWER OF ATTORNEY �_7-LAPPOINTKG INDIVIDUAL-ATTORNEY(S)4N-F KNOW ALL _;7 - "j��F -, A%# MFWRV deposedSAI nd tl and d s6i A �-nIM- - `— s A r __ Mentli0be ider the laws of the State of New Y6ff y ippoint W J.' Friedrich, Anne Brenn . am Will h 01, j",- r,,',' ,y(s)4n- act w r and authority, date 6 issuance Power, An) tracts in a vice Piesii Fact with scriber, _WN60-ii ce p , resident ian a theindiViduili ; , I— a onza ez of Bridgeview, IL rted to sign seal and execute in ' its behalf, during the nft,., undertakings, recognizances or other written ifile-Ir'leb"ylin", a, all of the" a- sof said Attomey(s)-in Fact, r ttOrney'is" made an executedpursuant to and by the he Company ch 'which y - Law as not been amended or T'iZ27 rumentrattested bsecretary or an assistant secretary I U of behalf"the' domp __any and other forn'llair relatirrigto individual' licres�an dU6ds 611 nds__. anir ey4n,":-Aaw-ci- adopted by he Board=of 'ANY et a meeting duly called and held on the 25th day tale attesting signature of a secretary or an assistant Iny Power of Attorney granted Pursuant to - L - Section -2 of the se 900PRY may fixed g QRW-- H2 I U 1 421 j U _ r g6executed seia-100--and- certified7by which it is attached, continue to be valid and 'P OMPANY hascaused these presents to be and attested by -its officers thereunto rigor taxing M_ ME Cotopw-, �W 104"i"iq A, onaid 61417 to an r duly otary Public AIVIERIC,ANA NTEE AND LIABILITY .,n6ed 19 and whq executed the preceding sworn, theySeverally and each for himself - WR Z ,set mhard=and a Ixe moffc"i-aI S6"a'I l hedb and year e written. ES§MEOF T0 hereqntoA L F19MN - 44, Notary t ary Public 41"e Commission' Expires llff_ji�'l Y08,12W03 acts named This Power of A ft6imby limits to t mid in he M the so those n no authority to biria the Company except in the manner and to the ex un e a ings specifically ham therein, and they have 5�_ tent herein th .............. stated se" 1, the undersigned -EE AND LIABILITYNC CO I secretary of the GUARANTEE Power of Attorney'l6eirein'above"set fd'fth is jA i fulf46 Ce, COMPANY, do hereby certify that the ion d in force and effect, and further rtffy that Section 2 of Article III of the By -Laws of the force , It fi -Company andthefjesolut' --- t T. of Directors s forth-saidPower of Attorney ap�gtjll in f firfles _.NeM b mine unt0,00 Mony whereof (have Oth 2001 y, scribed� the citbimpan"he 1 seW 0 day of &—at M-0 A David A. Bowers Secre- -y Serial number: 9978979980412200112611 No Text -,..,,,-. yr Ut'=KAI IUNSlLOCATIONSNEHICLES/SPECIAL ITEMS I I WAIVER OF SUBROGATION & ADDITIONAL INSURED IN FAVOR OF CERTIFICATE HOLDER PROVIDED IN GL POLICY. '�`� .A� ����i.:�F,�.���`�:`.� �/,+'.�i✓,^+� ,�b',r'f..�lF°.,rfF Fi,f,/.r%6:¢l�f��i�' .Fr°i�,F�F >rr� �,f F � .. r. .T . ,,ff f�flrfi ,.�'` �frP'` /FFA :/'` /rF` NINE" ,F' � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF LUBBOCK 30 P.O. BOX 2000 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, LUBBOCK, TX 79457 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY - OF ANY KIND UPON THE COMPANY, ITS AGENTS OREPRESENTATIVES. AUTHORIZED R�STATIVE r n � CORD ® f �F�,fef F,lsrtxse,^o.,fxf.MYi,:�:,t,�.mrm •t"'/ffrFF A'l �F' f,wrfOfi+/ r f , � . f� .,/' . ;; PON,/ f-,'!f''� ,f'ffr•'''F,fF. DATE (MM/DDNY } ,Y+'GfiF:Sif Fj r;.,�rr,Gf,Y,Frf+i: ,�,1.!rt rff.'Frilvi�`%Fi'ff'n;;r'` FrFF%ir'I t PRODUCERFf�%/ F,F�,r., r,. EEfFf�!/rr 12/20/00 f THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE WYATT AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ^ 1300 11TH STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SUITE 305-E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. JNTSVILLE, TX 77340 COMPANIES AFFORDING COVERAGE COMPANY A STEADFAST INSURANCE COMPANY •!"'�' INSURED ASBESTOS REMOVAL, INC. COMPANY P.O. BOX 13508 B ZURICH AMERICAN INSURANCE COMPANY ODESSA,TX 79768 COMPANY r C COMPANY r� fi`fi/.f.9!ff..ri:,1Fi%Frf;.%J.:I./r',cG/f..uGF'��1'�i,r'„urG/,,if'rrif.F,rr'T,f`F''%.+f�/rf..r.ClFrfF.Gi`'i/'.�Flffiff.fF.ff�F D 'Full, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED f✓ F`�f { ;irf'!Ffft j,f ,f ,.. > Fr. f BELOW HAVE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE O PERIOD OF ANY CONTRACT OR OTHER DOCUMENT BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS WITH RESPECT TO WHICH THIS B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY DATE {MM/DD/YY) DATE (MMIDDNY) LIMITS A X COMMERCIAL GENERAL LIABILITY AAO -3585862-01 12/22/00 12/22/01 GENERAL AGGREGATE $ 11000,000 CLAIMS MADE FX] OCCUR PRODUCTS - COMP/OP AGG $ 1 000 000 OWNER'S & CONTRACTOR'S PROT PERSONAL &ADV INJURY $ 1,000,000 X ASBESTOS/LEAD EACH OCCURRENCE $ 1,000 000 FIRE DAMAGE (Any one fire) $ 50,000 ABATEMENT MED EXP (Any one person) $ rJ QQO AUTO MOBILE LIABILITY B X ANY AUTO TAP -3585868-01 12/22/00 12/22/01 COMBINED SINGLE LIMIT $ 1,000,000 r ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ X HIRED AUTOS (Per person) X NON -OWNED AUTOS BODILY INJURY $ X POLLUTION LIABILITY (Per accident) DAMAGE $ GARAGE LIABILITY _ AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ EXCESS LIABILITY AGGREGATE $ UMBRELLA FORM EACH OCCURRENCE $ OTHER THAN UMBRELLA FORM ::PROPERTY AGGREGATE $ $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY WC SiATLL "r TORY LIMITS ER THE PROPRIETORt INC EL EACH ACCIDENT $ PARTNERSlIXECUTIVE OFFICERS ARE: EXCL EL DISEASE -POLICY LIMIT $ __[� OTHER EL DISEASE - EA EMPLOYEE $ -,..,,,-. yr Ut'=KAI IUNSlLOCATIONSNEHICLES/SPECIAL ITEMS I I WAIVER OF SUBROGATION & ADDITIONAL INSURED IN FAVOR OF CERTIFICATE HOLDER PROVIDED IN GL POLICY. '�`� .A� ����i.:�F,�.���`�:`.� �/,+'.�i✓,^+� ,�b',r'f..�lF°.,rfF Fi,f,/.r%6:¢l�f��i�' .Fr°i�,F�F >rr� �,f F � .. r. .T . ,,ff f�flrfi ,.�'` �frP'` /FFA :/'` /rF` NINE" ,F' � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF LUBBOCK 30 P.O. BOX 2000 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, LUBBOCK, TX 79457 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY - OF ANY KIND UPON THE COMPANY, ITS AGENTS OREPRESENTATIVES. AUTHORIZED R�STATIVE r n A CORD CERTIFICATE OF LIABILITY INSURANCE ICERTIFICATENO.: VC69-47542-183090 rM ISSUE DATE: 5/7/01 9:45:59 AM F*' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gallagher, Henley, Williams ONLY AND CONFERS NO' RIGHTS UPON THE CERTIFICATE Po BOX 680008 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Houston, TX 77069 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 281-320-2010 max: 281-320-0098 r -I INSURED Asbestos Removal, Inc. as Alternate Employer for Contractor's Advantage, Inc. ts� 5615 NW Central, Bldg C, ##100A Houston, TX 77092 915-333-4832 fax: 936-521-1533 COVFRAGFS INSURERS AFFORDING COVERAGE INSURERA: Great American I INSURER B: INSURER D: INSURER E: wp» THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICKE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCII POLICICS. AGGREGATE LIMITS_S_HOWN MA_YIiAVE BEEN REDUCED BY PAID CLAIMS. INSIR TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE MMlDDlYY DATE (MM1ODlYY _ LIMITS GENERAL LIABILITY — EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE. DAMAGE (Any one fire) $ CLAIMS MADE �� OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE `The limits of liability shown reflect the limits at inception, Arthur J. Gallagher & Company does not assume any responsibility depletion for notification in the event of de letion of the aggregate. GENt AGGREGATE UMI T APPLIES PER. ICY PC:LICY - RECLOG -- PRODUCTS - COMPIOP AGG $ 1. I — AUTOMOBILE —1� -— LIABILI FY ANY AUTO I _ --- COMBINED SINGLE LIMIT $ (Ea accident)— — --{ ALL OWNED AUTOS SCHFDULE-D AUTOS --- BODILY INJURY $ (Par person) HRED AUTOS NON -OWNED AUTOS - BODILY INJ}RY Per accident $ I PROPERTY DAMAGE $ (Per accident) GARAGE LIABILI rY" AUTO ONLY - EA ACCIDENT $ AN Y AUTO - EA AGC OTHER THAN $ AUTO ONLY. AGG $ EXCESS LIABILITY' OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE. $ _--_--- DEDUCT!BLE RETENTION $ $ WORKERWCTST1-- EMPLOYSCOMPENSAI"IONAND FJVIPLOYERS' LIABILITY I WC1786607 11/1/00 17./lfo1. TH- x TORY LIMITS EI — E.L.. EACH ACCIDENT- $ 1,000,000 A - E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $_ 1,000,000 "--- $ nPSCRIPTIAN AF AOPRATV MQ,r Ar aTlAwiC,voutM —1-1 1-- uv cur�.•�enu.�..rm...n __ — 1. The limits of liability shown reflect the limits at policy inception. Arthur J. Gallagher & Co. does not assume .. any responsibility for notification in the event of depletion of the aggregate 2. Waiver of Subrogation applies regarding Workers Compensation in favor -of Certificate Holder shown below. 3. CLIENT OF CONTRACTORS ADVANTAGE, INC. - PROGRAM ADM7NISTERED THROUGH INSURANCE BROKERS 14GMT 20 CORPORATE PARK STE. 260 IRVINE, CA. 92606. L. -.j P" CERTIFICATE h CMP /ACCOUNT: REFERENCE: City of Lubbock P.O. Box 2000 Lubbock, TX 79457 SHOULD ANY OF THE FOLLOWING DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEA\OR TO MAIL In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUIHURICEU REPRESEN TAT NE ACORD 25-S (7197) VERIFY THIS CERTIFICATE AT WWW.VERICERT.CQM ACORD CORPORATION 1988 IC 2 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; .R (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: 2 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." low "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: am (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; om (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 *m (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._ 3 CONTRACT .m CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of April, 2001 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Asbestos Removal. Inc. of the City of Odessa, County of Ector and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows BID #080-01/RS - CITY OF LUBBOCK MUNICIPAL AUDITORIUM ACM ABATEMENT - $260,897.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: 4 CITY O BOCK -ITI=XAS .•. Qa J B Secretary MA YOR 11 PM AP ROVED AS TO COATENT: ... Owner's Re7fesentative APPROVED AS TO FORM: City Attorney CONTRACTOR: ASoaS-�A'S REEMt�VAI .+.NG. By: PRINTED NSA/ME: a0 o E TITLE: V. P. COMPLETE ADDRESS: Asbestos Removal, Inc. P.O. Box 13508 Odessa, Texas 79768 GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT ' 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit ASBESTOS REMOVAL, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative FREDDY CHAVEZ ASSISTANT MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers; or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the .•. Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or ria 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 .A Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless 1 otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may.xegtiire minor miscellapequs work and adJL SttY ent. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 0 against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS �+ No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's �. agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION .� Contractor=:shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the'work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's *� Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, .Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT 15 am The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final FIR completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of .• other contractors damaged by any such removal or replacement. if Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by M„„ Owner's -Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the 16 written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been --the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the 17 date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at .,., either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies r available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually .., performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. '"% 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in .•� the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the _. amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered -hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus - 18 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. .4 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the s� Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City; without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project. or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 0 ZZ SKM 19 .•A n �^* CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates .ft Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 �•, Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 AMR 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft. Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7,25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 SPECIFICATIONS rye SPECIFICATIONS FOR ACM ABATEMENT FOR THE CITY OF LUBBOCK AT MUNCIPAL AUDITORIUM LUBBOCK, TEXAS KING CONSULTANTS, INC Lubbock, Texas. PREPARED BY: Clark DeLavan TDH Lic# 10-5031 12/22100 TABLE OF CONTENTS Part 1 General Information 1 A., 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 31.11 Alternative Procedures 3.2 Work place Entry and Exit Procedures 3.3 Training 3.4 Respiratory Protection 3.5 Protective Clothing 3.6 Removal Procedures 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 3.13 Re-establishment of the Work Area and Systems 3.14 Repairs R., Part 4 Support Activities 4.1 Training 4.2 Medical Monitoring_ 1 A., Part 5 Not Used Part 6 Replacement Materials 6.1. Painting 6.2 Acoustical Spray On Ceiling Treatment 6.3 Acoustical Lay -in Ceilings Part 7 Re -Installation of Lights 7.1 Re -install existing "Owner's" Lighting 2 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 Govemmentai Industrial Hygienists, 6500 Glenway Ave. Sulding D-5, Cincinnati, Ohio 45211. 1.3.1.2 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 Oft 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, Method 7400. For clearance air monitoring, electron microscopy methods may be utilized for lower delectability 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. 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, 1.1.1.8 Asbestos - the asbestiform varieties of serpentine (chrysotile) rie beckite (crocidolite), cummingtoniie-grunerite (amosite), anthrophylliiie, and actinoiite, 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 weighs, 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. K W rrrQ 1.1.1.11 Asbestos Project Manager -That person. designated by the Consultant 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. 1.1.1.14 Building Owner- The Owner or his authorized representative. 1.1.1.15 Certifred Industrial Hygienist- (CIH) An industrial hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. (See Section 1.3.1.2 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 if approved in advance by the Consultant. ^" 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 The system shall be in accordance with TAHPR 295.60 (e). 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 its components together (Penetrating encapsulant). Encapsulation - The application of an encapsulant to asbestos -containing materials to control the release of asbestos fibers into the air. 1.1.1.23 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. 4 0 Ezz 1.1.1.25 Equipment Decontamination Enclosure System - That portion of a 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, 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 polyvinylchodde 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. OSHNs definition of a glove bag is that it may be no larger than Wx60", may be used only onetime, 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 NEPA 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. s 1.1.1.38 NESHAPS - The National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61). 1.1.1.39 NIOSH - The National Institute for Occupational Safely 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 satisfactory manner. Similarities shall be in areas related to material.composition, project size, abatement methods required, number of employees and the engineering, work practice and personal protection controls required. 1.3.1.44 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 rernoval 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 material that are visually detectable without the aid of instruments. This does not include condensed un -combined water vapor. 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. 6 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 dean 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. 1.2 Scope of Work 1.2.1 The specification covers the abatement and repair of asbestos hazards from building structures and components listed in below. It is the intent of the Contract Documents to show -all of the worst necessary to complete the project. 1.2.1.2 Asbestos abatement and ceiling replacement is to be performed for the City of Lubbock' at the City of Lubbock Municipal Auditorium. The intent of the abatement work is to abate/scrape the asbestos ceiling treatment, apply a replacement material, re -install owners lighting and HVAC registers. The project will require erecting a pre-engineered scaffolding system. 1.2.1.3 Project schedule is as follows: The scaffolding work, abatement, and ceiling replacement will be complete in a eight (8) week period. The abatement work will be completed in three phases. Replacement of ceiling will begin as soon as abatement is completed. Phase 1: Abatement of second meeting rooms and hall. Phase 2: Abatement of lower level of balcony and lobby foyer Phase 3: Abatement of ceiling from auditorium 1.2.1.4 Materials to Abate: Abatement of a troweled -on ceiling from auditorium and a textured ceiling from lobby and second •� floor meeting rooms. 1.2.1.5 Replacement Materials: Apply primer stain sealer to ceilings, apply Sonotex acoustical ceiling treatment, install new lay -in ceilings on second floor meeting rooms. Reinstall owners lighting and HVAC registers/grills. .� 1.2.2 tichibits and Drawings: See exhibits A and B. Drawings Contractors are required to visit site to determine the actual scope of work and materials to abate. Contractor is advised to bring suis -contractors to site to determine their actual scope of work. 1.2.21 All work must be done following all Federal, State and Local Regulations. Where a conflict exists between these specifications and/or regulations, the more stringent shall apply. The contractor and all workers are to be licensed by the State of Texas. 7 i FS 1.2.3. Notifications and TDH fees: All renovation/demolition notifications to the Texas Department of Health MUST be approved by the City of Lubbock's Environmental Compliance Office. Allow time for approval and 10 day notification to the state. The City of Lubbock will pay all filing fees for the project. The abatement contractor is responsible for preparing TDH notifications and all sampling as required by OSHA, and shall be made available to the project manager daily. The abatement contractor must give the project manager a letter stating exactly how this OSHA sampling is to be accomplished. 1.2.3.1 Pre -abatement air sampling of the designated work area and the adjoining area is to be accomplished by the project manager or air technician. 1.2.3.2 No pre -abatement work is to start until the project manager or consultant has approved all TDH licenses and submittals required in these specifications. 1.2.3.3 Pre -Abatement 1.2.3.3.1 Representative for the City of Lubbock must be notrf'ied as to the work schedule and warning signs as required in 3.1.1.1 of these specifications are to be posted. 1.2.3.3.2 Contractor is responsible for the securing of the work area as specified in 1.8. Barricades must be installed around the work area and as directed by the Owner. 1.2.3.3.3 Pre -clean the work area using HEPA vacuum and/or wet wipes. 1.2.3.3.4 Remove all furniture, fixtures and equipment from the work area and store as directed by the Owner. 1.2.3.3.5 Install critical barriers and seal all electrical outlets, vents, lights, other openings and objects which cannot be disconnected or removed from the work area. 1.2.3.3.6 Set up containment as required in 3.1.1. 1.2.3.3.7 Set up worker decontamination enclosure system as required in 3.1.2. 1.2.3.3.8 Establish and mark emergency exits as required in 3.1.3.5. 1.2.3.3.9 Install pressure differential ventilation equipment 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. 12.3.3.19 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 Consultant each day. A negative pressure of 0.02 inches H2O or greater is to be maintained at all times. 1.2.3.4 Abatement Activities 1.2.3.4.1 All HVAC and any other ventilation must be shut down and disconnected, lacked -out and tagged - out. 8 1.2.3.4.2 Removal of asbestos containing material must be pre -wet with amended water and removed section at a time. 1.2.3.4.3 Contaminated material is to be bagged in small sections 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 1.2.3.4.4 Work time shall be as specified in the attached schedule, unless prior arrangements are made with the Owner and the Consultant. The contractor shall work a minimum of an eight hour work shift. A shift must not exceed 10 hours unless previous arrangements have been made and approved by the project manager. 1.2.3.4.5 Contractor is to furnish the Project Manager with a work schedule showing the start time and stop time each day and projected completion date. 1.2.3.4.6 The Contractor will be back -charged by the Owner for the Project Manager's time and expenses plus 10% when the Contractor fails to work within these scheduled work hours due to late arrivals or no- shows. 1.2.3.4.7 The Contractor will be back -charged by the Owner for the Project Manager's time and expenses plus 10% for failure to have on-site his competent person, as required by OSHA and TAHPR, or failure to have adequate personnel or equipment 1.2.3.4.8 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. 1.2.3.4.9 Final inspection according to specifications. 1.2.3.4.10 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. Expenses incurred for the collection of this set will be paid for by the contractor. 1.2.3.4.11 Disposal and transportation as per 3.10 of specification. 1.2.3.4.12 Complete documentation as per EPA requirements. .ON NOTE: It is not the intent of the Owner to penalize the Contractor for unavoidable acts of God, but to confirm the intentions of the Owner's contract with the Contractor. It is the intent to insure the Contractor will maintain an adequate work force, equipment and materials to complete this project in a timely and adequate manner as called for by the Contract and these specifications. 1.2.3.4.13 The required minimum work force for this project is to be a sufficient number of certified asbestos workers% complete this project as scheduled, the number of workers must be approved by the project manager. The contractor may not remove workers from the project or lessen his work force. The supervisor must be present at all times workers are on-site, and must go into the containment at least 25% of the time. All workers on this project must have a current state asbestos license as well as current certification and physical. 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. 9 1.3 Description of Work 1.3.1 The work specified herein shall be the removal and disposal 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 cany out the work in accordance with all applicable Federal, State and Local regulations, and these specifications. The Contractor shall NOT be responsible for the MH notification fee. This fee shall be the responsibility of the Building Owner. 1.3.3 The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss 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 specified, but if the Contractor has reason to believe the design, process or product specified is an infringement of a patent the Contractor 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. 1.3.4.1 If the Owner permits the Contractor to use any of the Owner's equipment, tools or facilities, such use will be gratuitous and the Contractor shall release the Owner from any responsibility arising from claims for personal injuries, including death, arising out of the use of such equipment, tools, or facilities irrespective of the condition thereof or any negligence on the part of the Owner in permitting their use. 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 current 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 those listed in Section 1.6.2 shall be available at the work site in the dean change area of the worker decontamination system. 1.4.2 Specific Requirements. 10 1.4.2.1 Occupational Safety and Health Administration (OSHA) 1.4.2.1.1 Tide 29 Code of Federal. Regulations, Section 1910,1001 -General Industry Standard for Asbestos. 1.4.21.21926.1101, tided, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, Actinolite", October 11, 1994. 1.4.2.1.3 Tile 29 Code of Federal Regulation, Section 1910,134 General industry Standard for Respiratory Protection. 1.4.2.1.4 Tide 29 Code of Federal Regulations, Section 1926 Construction Industry. 1.4.2.1.5 Tide 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) 1.4.2.2.1 True 40 Code of Federal Regulations, Part 61, Subparts A and M (Revised 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 tided 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, tilled, "Model Accreditation Plan" February 3, 1994. 1.4.2.2.5 Title 40 CFR Part 763 Subpart E, Appendix B, tined, Work Practices and Engineering Controls for Small Scale, Short Duration Operations Maintenance and Repair (0&M) Activities involving ACM", July 1,1992. 1.4.2.2.6 Title 40 CFR Part 763, Subpart E, Appendix D, Ned, '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, tried, "Transmission Electron Microscopy Analytic Methods", July 1 1992. 1.4.2.2.9_ Tide 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 as required by the TDH (295.33). 161 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 TDH notification must be approved by the City of Lubbock" s Environmental Compliance office, prior to filling. 1.5.1.1.2 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 and Consultant with a copy of the notfication. 1.5.1.1.2 Submit prof 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 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 5e 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 kcal 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 certikation of HEPA filtration capabilities for all cartridges and filters. 1.5.1.1.8 Submit documentation of respirator tri -testing for all Contractor employees and agents who must enter the work area. This fit -testing shall be in accordance with qualitative procedures as detailed in the OSHA Standard 29 CFR 1910.1025 Appendix D Qualitative Fit Text Protocol or be quantitative in nature. 12 ii 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. 1.5.12 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. 1.5.1.2.3 Submit logs documenting filter changes on respirators, NEPA vacuums, negative pressure ventilation units, and other engineering controls. 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). 1.5.12.5 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 may be 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). 1.5.22 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. 1.5.2.22^ 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 an Asbestos Consultant. The Consultant may assign ^" some on-site duties to a Project Manager/Air Monitoring Professional. This Project Manager will be in charge of all air monitoring as required by the Owner. The Project Manager 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. 13 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 worts 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 exits 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. 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. 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 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 fails, scaffolding, eye protection, confined spaces and heat related injury. Written 14 Oft procedures shall be developed and employee training in procedures shall be provided. Daily safety meetings shall be conducted by the Contractor. 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 conceming: 1.8.1.3 Preparation of work area. 1.8.1A Personnel protective equipment including respiratory protection and protective clothing. NM 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 OSHA 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. is M P" 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 as required in 1.1, 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 as required in 1.7, 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 shalt submit the name of the project supervisor, (THIS SUPERVISOR CANNOT BE REPLACED WITHOUT PRIOR NOTIFICATION AND APPROVAL OF THE PROJECT MANAGER), The project supervisor is to be present at all times and spend 25% of his time in containment 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. 2.1.1.2 Store all materials subject to damage off the ground any 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 wails 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 sheeting 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. 16 0 2.1.1.7 Sufficient protection should be placed under scaffold legs ladders or other equipment to prevent damage to any building components, equipment or furnishings. 2.1.1.8 Disposal bags shall be of 6 -mil polyethylene, pre- printed with labels as required by EPA regulation 40 CFR 61.152 (b) (i) (iv) or OSHA requirement 29 CFR 1910. 1001 (g) (2) (ii). 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, bags or wrapped ACM. 2.1.1.11 Warning signs and generator identification labels as required by TAHPR and OSHA. 2.1.2 Removal 2.1.2.1 Surfactant (wetting agent) shall be a 50150 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 property mixed concentration using ASTM method D1331-56- "Surface and Interfacial Tension of Solutions of Surface Active Agents"). 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 22.1 General 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 56015-83-002 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 a minimum of one work place AIR CHANGE EVERY 15 MINUTES. A pressure differential of 0.02 in. H2O as measured with a recording manometer. To calculate total air flow requirement: Total ft3 lmin=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 (use 801% of rated capacity)in cu. ftlmmin.). 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 fir all full shift abatement work 17 2.2.1.4 Additional safety equipment (e.g. hard hats, meeting the requirements of ANSI Standard Z89.1 - Oft 1981, eye protection, meeting the requirements of ANSI Standard 287.2-1979, 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. 0 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, lilts, 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. 1& p-, 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 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 clean change area for use with powered air purifying respirators. Half Mask respirators with dual high -efficiency (NEPA) filters may be utilized during work area preparation activities if approved by the Consultant (See Section 3.4.1.2.) Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear U 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 asbestos contaminated atmospheres with 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. Manufacturer approved emergency egress filters must be in place on each face piece. Compressors must meet the requirements of 29 CFR 1910.134 (d). Compressors must have an in-line carbon monoxide monitor and audible alarm and periodic inspection of the carbon monoxide monitor must be evidenced. Documentation of adequacy of compressed air systemshespiratory 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 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). 22.1.3 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 - Oft 1981, eye protection, meeting the requirements of ANSI Standard 287.2-1979, 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. 0 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, lilts, 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. 1& p-, 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 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. 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 Contact 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 specfically approved for this work by the Building Owner and Consultant. 2.32 "Or equal": A"a 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 Consultant 2.3.2.2 The decision of the Owner or his representative shall be final. PART 3 EXECUTION 3.1 Preparation 3.1.1 Work Area 3.1.1.1 Post signs meeting the specifications of TAHPR and OSHA in English and Spanish 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. 3.1.12 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. Contractor shall connect to existing Owner system using only licensed tradesmen and in 19 ft w• accordance with all State and local regulations and building codes. All cost for electricity shall be paid for by the Owner -unless otherwise specified. If Owners electrical source is inadequate, the Contractor shall provide alternate electrical power at the Contractor's expense. 3.1.1.3 Shut down and lock out and tag -out all heating, ventilation 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 sometimes be accomplished by drawing high volumes of air through the system using the NEPA 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. If facilities are not available for use from the Owner, the Contractor shall provide temporary facirdies at the Contractors expense. 3.1.1.5 The Owner will provide water for construction purposes. Contractor shall connect to existing Owner system using only licensed tradesmen and in accordance with all State and local regulations and building codes. 3.1.1.6 Pre -clean all movable objects within the worts area using a HEPA filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, time 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 severely contaminated fabric is difficult, the Building Owner or Consultant must carefully consider whether this option is appropriate. 3.1.1.7 Pre -clean all foxed 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 fitters. 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). 1 3.1.1.10 Cover floors in the work area with polyethylene 20 i 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. 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 a minimum of two layers of 4 mil polyethyiene 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 Wail sheeting shalt overlap floor sheeting by at least 12 inches beyond the waluffoor joint to provide a better seal against water damage and for negative pressure. 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. 3.122 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 shall 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. OR 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 21 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. 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- shag also be provided in this area. Clean disposable clothing, replacement fitters for respirators, towels and other necessary items shall be provided in adequate supply at the clean room. A location for posting shag also be provided in this area. Whenever possible, a lockable door shalt be used to permit access into the clean mom from outside the work area. Lighting, heat and electricity shad be provided as necessary for comfort. This space shall not be used for storage of tools, equipment or 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 is constructed to ensue; 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 shag 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) shalt 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 shad 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 property sealed 22 M with polyethylene sheeting which 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. 3.1.5 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 Ail 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. 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 ori# damage occurs to barriers, work shall immediately strop, repairs be made to barriers, and debris/residue cleaned up using appropriate NEPA 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 NEPA vacuum or wet cleaning techniques may be necessary. 23 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 NEPA 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 andlor 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 shag 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 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 actress from uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed with polyethylene sheeting which 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. 3.1.7 Removing and Cleaning f=ixtures 3.1.7.1 Remove, clean and enclose in polyethylene the ceiling mounted objects such as tights 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 NEPA 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 ail of section 3.1.10 has been completed. 3.1.10 Enclosure systems approval 3.1.10.1 Negative pressure ventilation systems are functioning adequately and negative pressure is a minimum .02 inch water column on the manometer. 3.1.10.2 All pre -abatement submissions, notification, posting and permits have been provided and are satisfactory to the Building Owner ( see Section 1.7). 3.1.10.3 All equipment for abatement, clean-up and disposal are on hand. 24 oft 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 I MR 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 Aitemative 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. 3.2 Work Place Entry and Exit Procedures 3.2.1 Personnel entry and exit 3.2.1.1 All workers and authorized personnel shall enter the work area through the worker decontamination enclosure system. 3.2.1.2 All personnel who enter the work area must sign the entry log, located in the clean room, upon entry and exit, 3.2.1.3 All personnel before entering the work area, shall read and be familiar with all posted regulations, personal protection requirements (including work place entry and exit procedures) and emergency procedures. A sign -off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior W entry. 3.2.1.4 All personnel shall proceed first to the clean room, remove all street clothes and appropriately don respiratory protection (as deemed adequate for the job condition). And washable and/or disposable coveralls, head covering and foot covering. Hard hats, eye protection and gloves shall also be utilized if required. Clean respirators and protective clothing shall be provided and utilized by each person for EACH SEPARATE ENTRY into the work area. 3.2.1.5 _Personnel wearing designated personal protective equipment shall proceed from the clean room " through the shower room and equipment room to the main work area. 3.2.1.6 Before leaving the work area all personnel shall remove gross contamination from the outside of respirators and protective clothing by brushing and/or wet wiping procedures. (Small NEPA vacuums with brush attachments may be utilized for this purpose, however, larger machines may tear the suits) Each person shall clean bottoms of protective footwear in the walk -off pan just prior to entering the equipment room. 25 3.2.1.7 Personnel shall proceed to equipment room where they remove all protective equipment except respirators. Deposit disposable (and washable) clothing into appropriately labeled containers for disposal (and laundering). 3.2.1.8 Reusable, contaminated footwear shall be stoned in the equipment room when not in use in the work area. Upon completion of abatement it shall be disposed of as asbestos contaminated waste. (Rubber boots may be decontaminated at the completion of the abatement for reuse.) 3.2.1.9 Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the respirators and the face area under running water prior to removal of respirator and shower and. shampoo to remove residual asbestos contamination. Various types of respirators will require slight modification of these procedures. An airline respirator with NEPA filtered disconnect protection may be disconnected in the equipment room and wom into the shower. A powered air -purifying respirator face -piece will have to be disconnected from the Bier/power pack assembly which is not waterproof, upon entering the shower. A dual cartridge respirator may be worn into the shower. Cartridges must be replaced for each new entry into the work area. 3.2.1.10 After showering and drying off, proceed to the clean room and don clean disposable (andlor washable) clothing if there will be later re-entry into the work area or street clothes if it is the end of the work shift. 3.2.1.11 These procedures shall be posted in the clean room and equipment room. 3.2.2 Waste container pass -out procedures. 3.2.2.1 Asbestos contaminated waste that has been containerized shall be transported out of the work area through the waste container pass -out airlock (or through the worker decontamination enclosure if a separate airlock has not be constructed). 3.2.2.2 Waste pass -out procedures shall utilize two teams of workers, an "inside" team and an "outside" tram. 3.2.2.3 The inside tram wearing appropriate protective clothing and respirators for inside the work area shall clean the outside, including bottom, of properly labeled containers (bags, drums, or wrapped components) using HEPA vacuum and wet wiping techniques and transport them into the waste container pass -out airlock. No worker from the inside team shall further exit the work area through this airlock. 3.2.2.4 The outside team wearing protective clothing and appropriately assigned respirators, shall enter the airlock FROM OUTSIDE THE WORK AREA, enclose the drums in clean, labeled 6 mil polyethylene bags and remove them from the airlock to the outside. No worker from the outside team shall further enter the work area through this airlock. 3.2.2.5 The exit from this airlock shall be secured to prevent unauthorized entry. 3.3 Training W 26 i 3.3.1 Prior to commencement of abatement activities all personnel who will be required to enter the work area or handle containerized asbestos containing materials must have received adequate training required by the Texas Department of Health. All personnel on the job site that enter the containment must have Texas licenses in hand (See Part 4, Section 4.1, Training) 3.3.1.1 Special on-site training on equipment and procedures unique to this job site shall be performed as required. 3.3.1.2 Training in emergency response and evacuation procedures shalt be provided. 3.4 Respiratory Protection 3.4.1 All respiratory .protection shall be provided to workers in accordance with the submitted written respiratory protection program, which includes afl items in OSHA 29 CRF 1910.134 (b) (1-11). This program shall be posted in the clean room of the worker decontamination enclosure system. 3.4.1.1 Workers shall be provided with personally issued, individually identified (marked with waterproof designations) respirators. 3.4.1.2 Respirators shall be selected that meet the following level of protection requirements: All workers, foremen, superintendents, authorized visitors and inspectors must have personally issued and marked equipment approved by NIOSH or MSA. Minimum respiratory protection required for this project is PAPR respirators with"HEPA filters unless fiber concentration requires greater protection, Prep work that may disturbed the asbestos, and bag out it there is no removal activity may be done in 1/2 face dual HEPA filter respirators. These are the only exceptions to PAPR respirators unless personal air sampling and containment area air samples indicate down grading of respirator protection is appropriate. The contractor must make any decision to down grade known to the project manager. The project manager, can deny this down grade if, in his opinion, there is just cause to do so. 3.4.1.3 Fit testing 3.4.1.4 Workers must perform positive and negative air pressure It tests each time a respirator is put on, whenever the respirator design so permits. Powered air- purifying respirators shall be tested for adequate flow as specified by the manufacturer. IOR 3.4.1.5 Workers shall be given a qualitative fit test in accordance with procedures detailed in the OSHA lead Standard (29 CFR 1910.1025,Appendix D Qualitative Fit Test Protocols) for all respirators to be used on this abatement project An appropriately administered quantitative fit test may be substituted for the qualitative fit test 3.4.1.6 _ _ Documentation of adequate respirator fit must be provided to the Buikting Owner. 3.4.1.7 No one wearing a beard shall be permitted to don a respirator and enter the work area. 3.4.1.8 Additional respirators (minimum of 2 of each type) and training on their donning and use must be available at the work site for authorized visitors who may be required to enter the work area. 27 W 3.5 Protective Clothing. 3.5.1 Disposable clothing including head, foot and full body protection shall be provided in sufficient quantities and adequate sizes for all workers and authorized visitors. 3.5.1.1 Hard hats, protective eye wear, gloves, rubber boots and/or other footwear shall be provided as required for workers and authorized visitors. Safety shoes may be required for some activities. 3.6 Removal Procedures. 3.6.1 Clean and isolate the work area in accordance with Section 3.1 3.6.1.1 Wet all asbestos containing material with an amended water solution using equipment capable of providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed. Saturate the material to the substrate, however, do not allow excessive water to accumulate in the work area. Keep all removed material wet enough to prevent fiber release until it can be containerized for disposal. If work area temperatures are below 32 F and amended water is subject to freezing, dry removal permits and procedures must be utilized (See 2.1.2.1) Maintain a high humidity in the work area by misting or spraying to assist in fiber settling and reduce airbome concentrations. Wetting procedures are not equally effective on all types of asbestos containing materials but, shall none -the -less be used in all cases. 3.6.1.2 Special circumstances (e.g. live electrical equipment, high amosite content of material, materials previously coated with an enc apsulant or paint) may prohibit the adequate use of wet methods to educe fiber concentrations. For these situations, a dry removal may be required. The Contractor will have to acquire special permits, different from those mentioned herein from the NESHAP enforcement agency. 3.6.1.3 Saturated asbestos containing material shall be removed in manageable sections. Removed material should be containerized before moving to a new location for continuance of work. Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up. 3.6.1 A Material removed from building structures or components shall not be dropped or thrown to the floor. Material should be removed as intact sections or components whenever possible and carefully lowered to the floor. If this cannot be done for materials greater than 50 feet above the floor, a dust -tight chute shall be constructed to transport the material to containers on the floor or the material may be containerized at elevated levels (e.g. on scaffolds) olds) and carefully lowered to the ground by mechanical means. For materials between 15 and 50 feet above the ground they may be containerized at elevated levels or dropped onto inclined chutes or scaffolding for subsequent collection and containerization. 3.6.1.5 Containers (6 mil polyethylene bags or drums) shall be sealed when full (Wet material can be exceedingly heavy.) Bags shall not be over -filled. They should be securely sealed to prevent accidental opening and leakage by tying tops of bags in an overhand knot or by taping in gooseneck fashion. Do not seal bags with wire or cord. (Bags may be placed in drums for staging and transportation to the landfill. Bags shall be decontaminated on exterior surfaces by wet cleaning and NEPA vacuuming before being placed in clean drums and sealed with locking ring tops). 3.6.1.6 Large components removed intact may be wrapped in 2 layers of 6 mil polyethylene sheeting I No secured with tape for transport to the landfill. 28 0 3.6.1.7 Asbestos containing waste with sharp -edged components (e.g. nail, screws, metal lath, fin sheeting) will tear the polyethylene bags and sheeting and shall be placed in drums for disposal. 3.6.1.8 After completion of all stripping work, surfaces from which asbestos containing materials have been removed shall be wet brushed and sponged or cleaned by some equivalent method to remove all visible residue. 3.7 Clean-up Procedure 3.7.1 Remove and containerize all visible accumulations of asbestos containing material and asbestos contaminated debris utilizing rubber dust pans and rubber squeegees to move material around. DO NOT use metal shovels to pick up or move accumulated waste. Special care shall be taken to minimize damage to floor sheeting. 3.7.1.1 Wet clean all surfaces in the work area using rags, mops and sponges as appropriate. 3.7.1.2 Remove the cleaned outer layer of plastic sheeting from wags and floors, windows and doors. HVAC system vents and all other openings shall remain sealed. The negative pressure ventilation units shall remain in continuous operation. Decontamination enclosure systems shall remain in place and be utilized. 3.7.1.3 After cleaning the work area, wait at least 24 hours to allow fibers to settle and NEPA vacuum and wet clean all objects and surfaces in the work area again. 3.7.1.4 Remove all containerized waste from the work area and waste container pass -out airlock. 3.7.1.5 Decontaminate all tools and equipment and remove at the appropriate time in the cleaning sequence. 3.7.1.6 Inspect the work area for visble residue. If any accumulation of residue is observed, it will be assumed to be asbestos and the 24 hour settling period/cleaning cycle repeated. 3.7.1.7 The work area shag be cleaned until it is in compliance with State and Local requirements and any more stringent criteria agreed upon by the Contractor and Owner prior to initiation of abatement activities. AMR Additional cleaning cycles shall be provided, as necessary, at no cost to the Building Owner until these criteria have been met. 3.7.1.8 Following the satisfactory completion of clearance air monitoring, remaining barriers may be removed and property disposed of. A final visual inspection by the Owner's representative shall insure that no contamination remains in the work area. Unsatisfactory conditions may require additional cleaning and air monitoring. (See Section 3.10 Re-establishment of the Work Area). 3.8 Encapsulation Procedures 3.8.1 Clean and isolate the work area in accordance with 3.7 29 ft 3.8.1 .1 Repair damaged and missing areas of existing (sprayed) (troweled) materials with non -asbestos containing substitutes(specify) Material must adhere adequately to existing surfaces and provide an adequate base for application of encapsulating agents. t=iller material shall be applied in accordance with manufacturer's recommended specifications. 3.8.1.2 Remove loose or hanging asbestos containing materials in accordance with the requirements of Section 3.6. 3.8.1.3 After the work area has been rendered free of visible residues, a thin coat of satisfactory encapsulating agent shall be applied to all surfaces in the work area including structural members, building components and plastic sheeting on walls, floors, and covering non -removable items, to seal in non-visible residue. 3.9 Clearance Air Monitoring 19.1 Following the completion of clean-up operations, and after inspection by the project manager and the project supervisor, final samples shall be taken as set forth by the AHERA guidelines. 3.9.1.1 Samples shall be taken following E.P.A. guidelines. Negative pressure ventilation units shall NOT be shut down until final clearance is achieved. 3.9.1.2 Final air samples shall be analyzed as per section 1.224.10. Should the first set fail the contractor will completely re -clean the area and a second set of finals will be taken. The cost of these additional samples wig be paid for by the contractor. 3.9.1.3 All samples at all locations shall indicate concentrations of airborne fibers less than or equal to the requirements as set forth in the AHERA regulations. 3.9.1.4 Aggressive sampling shall be performed with portable fans circulating air in the work area to simulate actual use conditions. Negative pressure ventilation units shall NOT be utilized for this purpose. 3.9.1.5 Final air samples shall be analyzed as per section 122.4.10, samples taken during the course of the project as well as back ground samples will be analyzed by PCM. 3.9.1.6 All samples at all locations shag indicate concentrations of airborne fibers less than 0.01 flcc for " release of the work area. 3.9.1.7 Areas exceeding this level shall be re -cleaned using procedures in Section 3.7 and re -tested until satisfactory levels are obtained. 3.9.1.8. Cost of re -testing shalt be borne by the Contractor. 3,10 Disposal Procedures 3.10.1 As the work progresses, to prevent exceeding available storage capacity on site, sealed and labeled containers of asbestos containing waste shall be removed and transported to the pre -arranged disposal location. OM 30 W 3.10. 1.1 Disposal must occur at an authorized site in accordance with regulatory requirements of NESHAP and applicable State and Local guidelines and regulations 3.10.12 All dump receipts, trip tickets, transportation manifests or other documentation of disposal shall be delivered to the Building Owner for his records. A recommended record-keeping format utilizes a chain of custody form which includes the names and addresses of the Generator (Building Owner), Contractor, pickup site, and disposal site, the estimated quantity of the asbestos waste and the type of containers used. The form should be signed by the Generator, the Contractor, and the Disposal Site Operator, as the responsibility for the material changes hands. If a separate hauler is employed, his name, address, telephone number and signature should also appear on the form. 3.11 Transportation to the landfill 3.11.1 Once drums, bags and wrapped components have been removed from the work area, they shall be loaded into an ENCLOSED truck or dumpster for transportation. At no time is the asbestos waste to be stored in anything that is not enclosed and lockable. All dumpsters must be enclosed. 3.11.1.1 When moving containers, utilize hand truck, carts and proper lifting techniques to avoid back injuries. Trucks with lift gates are helpful for raising drums during truck loading. 3.11.1.2 The enclosed cargo area of the truck shall be free of debris and lined with 6 mil polyethylene sheeting to prevent contamination from leaking or spilled containers. Floor sheeting shall be installed first and extended up the side walls. Wall sheeting shall be overtopped and taped into place. 3.11.1.3 Drums shall be placed on levet surfaces in the cargo area and packed tightly together to prevent shifting and tipping. urge structural components shall be secured to prevent shifting and bags placed on top. Do not throw containers into truck cargo area. 3.11.1.4 Personnel loading asbestos waste shall be protected by disposable clothing including head, body and foot protection and, at a minimum, half face piece, air purifying dual cartridge respirators equipped with high efficiency filters. 3.11.1.5 Any debris or residue observed on containers or surface outside of the work area resulting from clean-up or disposal activities shall be immediately cleaned -up using NEPA filtered vacuum equipment and/or wet methods as appropriate. 3.11.1.6 Large metal dumpsters are sometimes used for asbestos waste disposal. These should have doors or tops that can be closed and locked to prevent vandalism or other disturbance of the bagged asbestos debris and wind dispersion of asbestos fibers. Un -bagged material shall not be placed in these containers, nor shall it be used for non- asbestos waste. Bags shall be placed, not thrown into containers to avoid splitting. 3.12 Disposal at the landfill 3.12.1 Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading of the asbestos containing waste. 31 am 3.12.1.1 Bags, drums and components shall be inspected as they are off-loaded at the disposal site. Material in damaged containers shall be re -packed in empty drums or bags as necessary. (Local requirements may not allow the disposal of asbestos waste in drums. Check with appropriate agency and institutions for appropriate alternative procedures.) 3.12.1.2 Waste containers shall be PLACED on the ground at.the disposal site, not pushed or thrown out of trucks (weight of wet material could rupture containers). own 3.12.1.3 Personnel off-loading containers at the disposal site shall wear protective equipment consisting of disposable head, body and foot protection and, at a minimum, half -face piece, air purifying dual cartridge respirators equipped with high efficiency filters. 3.12.1.4 Following the removal of all containerized waste, the truck cargo area shall be decontaminated using NEPA vacuums and/or wet methods to meet the no visible residue criteria. Polyethylene sheeting .. shall be removed and discarded along with contaminated cleaning materials and protective clothing, in bags or drums at the disposal site. 3.12.1.5 If landfill personnel have not been provided with personal protective equipment for the compaction operation by the landfill operator Contractor shall supply protective clothing and respiratory protection for the duration of this operation. wa 3.13 Re-establishment of the Work Area and Systems 3.13.1 Re-establishment of the work area shall only occur following the completion of clean-up procedures and after clearance air monitoring has been performed and documented to the satisfaction of the Building Owner. 3.13.1.1 Polyethylene barriers shall be removed from walls and floors at this time, maintaining decontamination enclosure systems and barriers over doors, windows, etc. as required. 3.13.12 The Contractor and Owner shall visually inspect the worts area for any remaining visible residue. Evidence of contamination will necessitate additional cleaning requirements in accordance with Section 3.7. 3.13.1.3 Additional air monitoring shall be performed in accordance with Section 3.9 if additional clean-up is necessary. 3.13.1.4 Fallowing satisfactory clearance of the work area, remaining polyethylene barriers may be removed and disposed of as asbestos contaminated waste. om 3.13.1.5 At the discretion of the Contractor, mandatory requirement for personal protective equipment may be waived following the removal of all barriers. 3.13.1.6 Re4cure mounted objects removed from their former positions during area preparation activities. 3.13.1.7 Relocate objects that were removed to temporary locations back to their original positions. 3.13.1.8 Re-establish HVAC, mechanical and electrical systems in proper working order. Remove contaminated HVAC system filters and dispose of as asbestos contaminated waste. Decontaminate filter 32 assembly using NEPA vacuums and wet cleaning techniques. install new filters in HVAC systems. Dispose of old filters. 3.14 Repair 3.14.1 Repair all areas of damage that occurred as a result of abatement activities. PART 4: SUPPORT ACTIVITIES AND PERSONNEL 4.1 Training 4.1.1 Training shall be provided by the contractor to.all employees or agents who may be required to disturb asbestos containing or asbestos contaminated materials for abatement and auxiliary purposes and to all supervisory personnel who may be involved in -planning, execution or inspection of abatement projects. 4.1.1.1 All workers must have a minimum of 24 hours training as required by the EPA, OSHA, NIOSH, and ., any state requirements, such as additional training and license. 4.1.1.2 A8 workers must have received the required medical examination. 4.1.1.3 All workers must be trained in the proper use of the type of respirators used on this job. 4.1.1.4 Personal hygiene including entry and exit procedures for the work area, use of showers and prohibition of eating, drinking, smoking, and chewing in the work area. 4.1.1.5 Special safety hazards that may be encountered including electrical hazards, air contaminant, wetting agents, encapsulants, materials from Owner's operation, fire and explosion hazards, scaffold and ladder hazards, slippery surfaces, confined spaces, heat stress and noise. 4.1.1.6 Workshops affording both supervisory personnel and abatement workers the opportunity to see the construction of containment barriers and decontamination facilities. 4.1.1.7 Supervisory personnel shall, in addition, receive training or contract specifications, liability insurance and bonding, legal considerations related to abatement, establishing respiratory protection medical surveillance programs, EPA, OSHA (and State) record keeping requirements and other topics as requested by the Building Owner.. 4.1.1.8 Training must be provided by individuals qualified by virtue of experience and education to discuss the topic areas in 4.2. 4.1.1.9 Training is to have occurred within 12 months prior to the initiation of abatement activities. 4.1.1.10 Contractor must document training by providing date of training, training entity, course outline, and names and qualifications of trainers. 33 4.2 Medical Monitoring. 4.2.1 Medical Monitoring must be provided by the Contractor to any employee or agent that may be exposed to asbestos in excess of background IeWs during any phase of the abatement project. (Due to the synergistic effect between smoking and asbestos exposure, it is highly recommended that only non-smokers be employed in positions which may require them to enter asbestos contaminated atmospheres). 4.2.1.1 Medical monitoring shall include at a minimum: 4.2.12 A workimedical history to elicit symptomatology of respiratory disease. 42.1.3 A chest x-ray (posterior -anterior, 14x13 inches) evaluated by a certified 8 -reader. End of Specifications «.a 34 PART 6: REPLACEMENT MATERL4LS 6.1 Painting 6.1.1 Description of Work: Repairtrepaint damaged walls following abatement Furnish Katz primer to cover stained ceilings and all exposed metal lath and or duct work prior_to application of spray-clack materials. 6.1.2 Repair to damaged areas following abatement: Provide all labor and material to repaint all painted waits, hollow metal doorframes, as required. 6.12 Submittals The contractor will be required to furnish a submittal sheet on the paint that will be used for the approval of the owner. The owner will furnish manufacture's name and color code for contractor to match 6.1.3 Quar4 Assurance All work is to be done by a contractor actively engaged in painting business and have sufficient experience to perform an acceptable job. 6.1.4 Materials The following manufacturer is approved: Wails - Kelly Moore Semigloss acrylic latex IGrtz- or Kelly Moore equivalent Hollow Metal - Kelly Moore oil base enamel. Color to be selected by owner. Any substitute must be an equal to this paint and be pre-approved by the owner. 6.1.5 Coordination This work must be coordinated so as to not interfere with other work or with the abatement contractor. 6.1.6 Delivery and Storage All material must be delivered in its original package with labels attached. All material must be stared in a dry secluded location. 6.1.7 Warranties Fumish written warranty that work will be free of defects from workmanship and material for a period of one year from final acceptance. 35 W4 6.1.8 Preparation Work and Paint Any damage to the wails that exists must be repaired before painting. Color is to be approved by the owner. Before painting begins a test area should be applied and approved by the owner. 6.2 Acoustical Ceiling (8l)im-on) 6.2.1 Description of Work Provide ail 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 begins. 6.2.2 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 track material to be used for approval. 6.2.3 Quality Assurance 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 to be used. In addition, he is to verify that all of employees have been trained to spray this partcular material. 6.2.4 Materials: SONQTEX ACOUSTICAL. FINISH TO MATCH EXISITING Applied Thickness: 112' unifiorm thickness MINIMUM. Noise Coefficient: 0.55 NRC MINIMUM Surface bunting Characteristics: Flame spread 10, Smoke developed 25, (ASTMC523) Light Reflection: 72(ASTMC523) Weight of Dried Application: 12 to 1.5 lbsJft square at 10 thickness. The contractor is required to use the above manufacturer or an equal. Any other manufacturer used must be approved by the owner. 6.2.5 Coordination: This work must be coordinated by the abatement contractor. 6.2.6 Delivery and Storage: All material must be delivered in its original package with labels attached. All materials must be stored in a dry secure location. 6.2.7 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. 36 X" 6.3 Acoustical Lay -in Ceiling 6.3.1 Description of Work: Provide all labor and material to replace the lay -in ceilings where CURRENT CEILING ARE LOCATED. New fay -in ceiling to match current ceilings. Layout to match original. 6.3.1.9 Related Work 77 A. Air di€fusion devices in ceiling system B. Light fixtures in ceiling system 6.3.2 References A. ASTM C635 — Metal Suspension System for Acoustical Tib and Lay -in Panel Ceilings B. ASTM C636 — Installation of Metal Ceiling Suspension Systems for Acoustical Tile and Lay -in Panels. C. UL — Underwriters Laboratories System Ratings. 6.3.3 System Description A. Install System: Class 1 with new file and grid system 6.3.4 Submittals Submit manufacturers' specification and application data. In addition, submit manfacturers' recommendation for maintenance and care. 6.3.5 Quality Assurance This material must be applied by a contractor actively engaged in the acoustical ceiling business. 6.3.6 Materials A. Acceptable Manufacturers — Acoustic Units a. Armstrong; Fissured Style b. Celotex; Fissured Style C. Gold bond Building Products; Fissured Style d. Donn B. Suspension System Materials a. Grid: ASTM C635, intermediate duty, exposed T, components die cut and .� interlocking. Main tee runners, cross tee runners, angle moldings and comer pieces, hold-down clips and all accessories necessary for complete installations. Main tee runners shall be approximately 1 % " high; cross tee runners shag be approximately 9" high. Exposed bottom flanges of main and crass tee runners and angle moldings shall be Y4" x 3/4. b. Accessories: Stabilizer bars, splices, required for suspended grid system. C. Grid Materials: Commercial quality cold roiled steel with baked -ort white enamel finish. d. Grid Finish: White ' e. Support Channels and Hangers: Primed steel; size and type to suit application, to rigidly secure acoustic ceiling system including integral mechanical and electrical components with maximum deflection of 11360. 37 EEZJ PART 7: LIGHTING RE -INSTALLATION 7.1 General: The owner is aware that the tights are used and not new. However lights are working now and are expected to be stoned in a safe manner to allow for re -installation and working rights. No allowance will be make for damaged fights for removal/mstallation. 7.2 The contractor will employ alicensed electrician to reinstall the owner's lights. All work will meet current codes. Place lights in same location as original. 7.3 The contractor will note that several lights are on dimmers/ballasts and will be reinstalled in the same manner. 7.4 Regulations: The work will conform with eg requirements of ANSI and NFPA codes as well as applicable local requirements. 7.5 Warranties: The contractor shall warranty all work for 30 days against defects in installation and electrical. 38 f. Wire used for suspending the system from above shall be 12 gauge galvanized steel. C. Acoustic Unit Materials a. Acoustic Panels: Conforming to the following: 1. Size: 24x48 inches 2. Thickness: 518 inches 3. Composition: Mineral 4. Light Reflectance: 70 percent minimum 5. NRC Range: 55 to 65. 6. STC Range: 35 to 39 7. Fire Hazard Classification: Class A .m 8. Edge: Square 9. Surface Color. White 10. Surface Finish: Directional fissured. 6.3.7 Coordination This work must be coordinated with the abatement contractor. 6.3.8 Delivery and Storage All materials must be delivered in its original package with labels attached. Ail materials must be stored in a dry secure location. 6.3.9 Warranties .� Furnish a written warranty that work will be free of defects from workmanship for a period of two years from final inspection. 6.3.10 Extra Stock Provide 2 cartons of extra file to Owner PART 7: LIGHTING RE -INSTALLATION 7.1 General: The owner is aware that the tights are used and not new. However lights are working now and are expected to be stoned in a safe manner to allow for re -installation and working rights. No allowance will be make for damaged fights for removal/mstallation. 7.2 The contractor will employ alicensed electrician to reinstall the owner's lights. All work will meet current codes. Place lights in same location as original. 7.3 The contractor will note that several lights are on dimmers/ballasts and will be reinstalled in the same manner. 7.4 Regulations: The work will conform with eg requirements of ANSI and NFPA codes as well as applicable local requirements. 7.5 Warranties: The contractor shall warranty all work for 30 days against defects in installation and electrical. 38 EXHIBIT A PART 1: GENERAL SCOPE OF WORK 1. Scaffolding: Phase 2 and 3 -� 1.1 A pre -engineer scaffolding system is required. The installation will be provided by a sub -contractor with certification for the system used and 2 years experience in the trade. Provide two stairwells to the platform, one for workers and second for bag out of waste. 1.2 Scaffolding crew will begin work in auditorium as abatement crew works on phase 1 1.3 The containments from each phase will remain intact far the spray back of the new acoustical ceilings 2. Phase 1: SECOND FLOOR ABATEMENT (SEE DRAWINGS FOR DETAILS) 2.1 Provide full containment two layers of poly on floors and walls. Poly walls to current ceiling height Exhaust neg airs out windows. Set decon in first floor stair well. 2.2 Remove lights and all HVAC registers, clean, pass out of containment and store in a safe manner. Remove ceiling bag as ACM waste. 2.3 Scrape ceiling leaving.lath and scratch coat intact. 2.4 Time allowed for phase 1 is two 5 day work weeks. 2.5 Following phase 1 access to second floor will be blocked by phase 2 containment. 3. PHASE 2: FIRST FLOOR FOYER (SEE DRAWINGS FOR DETAILS) 3.1 Provide scaffolding to cover seating below balcony. Provide level deck for containment and workers. Work area will include the foyer and seating area below balcony. "R 3.2 Provide full containment as above for lobby. Exhaust neg airs out north doors of auditorium set decon in grand foyer. Deck of scaffolding: provide tape where plywood joins and an additional layer of 6 mil poly to deck. n-, 3.3 Scrape ceiling leaving scratch coat and lath intact. 3.4 Time allowed for phase 2 two 5 day work weeks 3.5 Following the abatement and bag out open area for sub -contractor doing spray back of ceilings. 3.6 Scaffolding for phase 3 should be completed and inspected by the contractors competent person and the scaffolding crew. . .. 39 No Text I 4. PRASE 3: AUDITORIUM CEILING (SEE DRAWINGS FOR DETAILS) 4.1 Tape all joints on plywood decking then provided a layer of 6 mil poly to seal against water teaks. 4.2 Provide two separate layers of poly for walls. Attach first layer to within 12 inches of ceiling and second ^� 4 inches above first layer, stagger joints. Poly floor in same manner with inside layer 12 inches up the wail. 4.3 Poly stairwells to auditorium floor and erect decon and bag out areas. Exhaust neg airs out north doors. • 4.3.1 Provide slip protection for workers in stairwells. 4.4 Scrape ceilings leaving scratch coat and lath intact. 4.5 The contractor will only be allowed to remove as much ceiling as they can clean and bag out daily. No bags. will remain in containment over night. The contractor will space bagged waste evenly across deck as not to overload the weight of any one section. I.e don't pile waste up at bag out area. 4.6 As abatement work is going on in the auditorium the contractor will allow ceiling sub to start work on phase one and 2. 4.7 Time allowed for phase 3 two 5 day work weeks. All abatement work is completed in 6 weeks. Containment remain up for sub. 5. SUB -CONTRACTORS AND PUTBACK. 5.1 It is the abatement contractor's responsibility to schedule various trades and coordinate all on-site work of same. The contractor will provide a competent person for the duration of the project, and to be on- site any time a sub is working. 5.2 The spray back for phase 1 and 2 should be completed. The abatement contractor will clean areas and remove any remaining containment Begin repainting any paint damage. 5.3 Allow access to sub installing lay -in ceilings, electrician installing light and HVAC crew installing HVAC duct and registers. 5.4 The subs will have a total of 4 weeks to perform all work. Two weeks after abatement work. 5.5 The abatement contractor is responsible for leaving the arra clean and ready for occupantcy. 40 ELI 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 copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. ." 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. "" Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the w; Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades �* will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 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 I am Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 2 calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any •* and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions •-R given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. .•� 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be ..� encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall -fie sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS *� The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, ems, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at ail 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 .f, The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or •. require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or �•, consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES .�. It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of *+ work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. • 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. �- It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right -of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for "^ the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall w be included in the "actual field cost." 0 No claim for extra work of any kind will be allowed. unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has -provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. if Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT WA If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless .ttie Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, ••% W are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter. specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance .� The contractor shall have Comprehensive General Liability Insurance with limits of $1,000.000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations ^* Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury !�* Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $100,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. 77 C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300.000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job 7 EK::-.:] and copy of the endorsement doing so is to be attached to the Certificate of Insurance. .� D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance �• , The Contractor shall have Umbrella Liability Insurance in the amount of $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 $500,000.00. on 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section _406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage ** vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4.== if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 8 (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 ail required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas - Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-insurance 9 Rod am Eao Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the govemmental 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; 0.., 10 G. am Eao Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the govemmental 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; 0.., 10 i r•� (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text. in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 592/440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, '." to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this µ contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' °^ compensation coverage for the duration of the project, that the coverage will'be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. _ Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the •'" Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and """ 11 (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 if contracts, to perform as required by paragraphs (i) -(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of • machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION •A• The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor --shall defend all suits or claims for infringement of any patent or copyrights and.shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. No 12 ." L-3 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shalt be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this A. contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $325.00 (THREE HUNDRED TWENTY FIVE DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION ON It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 13 contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 0M 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 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, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat_frcm these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, 14