HomeMy WebLinkAboutResolution - 5969 - Contract - RL Abatement Company - ACM Abatement At Depot Building - 08/13/1998Resolution No. 5969
Item No. 37
August 13, 1998
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 with R.L.
Abatement Company of Lubbock, TX to install and furnish all materials and services as
bid for the ACM Abatement at Depot Building, and all 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 Council.
Passed by the City Council this 13th day of August , 1998.
ITTO , MA OR
ATTEST:-
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Kayyj Darnell, City Secretary
APPROVED AS TO CONTENT:
V&U%l
Victor Kil , "PurchaZn%g_Manager
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager
Wd:dk/R.L. Abatement.RES.doc
ccdocs/ August 4, 1998
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CITY OF LUBBOCK
SPECIFICATIONS FOR
ACM ABATEMENT AT DEPOT RESTAURANT BUILDING
BID #98146
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CITY OF LUBBOCK
Lubbock, Texaco
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CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: ACM ABATEMENT AT DEPOT RESTAURANT BUILDING
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 98146
PROJECT NUMBER: 8402.9211.30000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
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". NOTICE TO BIDDERS
�. BID #98146
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00
i,.. o'clock p.m. on the 15th day of July. 1998, or as changed by the issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"ACM ABATEMENT AT DEPOT RESTAURANT BUILDING"
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 insure that his bid is actually in the office of the Purchasing Manager for
the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 13th day of August, 1998, 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 superior.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of
award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre-bid conference on 8th
day of July, at 10:00 o'clock a.m., in the L04 - Purchasing Conference Room, Lubbock, Texas
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
"k advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
F this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and
bid openings are available to all persons regardless of disability. If you would like bid information made available in a more
accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-
2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
VICTOR KILMAN
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 162513th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164.
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
r complete this project in accordance with contract documents for the ACM ABATEMENT AT DEPOT
RESTAURANT BUILDING.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
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i 4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806) 775-2164
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 26 (TWENTY-SIX)
consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the
successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the
City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the
contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by
the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may
direct the Contractor to take such action as the City deems necessary to insure completion of the project within the
time specified.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
7. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute
an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements
contemplated by the contract documents have been paid in full and that there are no claims pending, of which the
Contractor has been notified.
8. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general
guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all
damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from
date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner
(City of Lubbock).
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 the year 2000 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.
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.
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.
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
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11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article
20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials
to be incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
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14. BARRICADES AND SAFETY MEASURES
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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
r" 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.
F. 15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all
cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life
or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or
�-" corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it
t shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in
proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
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sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
16. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
17. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor
shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall
be carried with an insurance company authorized to transact business in the State of Texas and shall cover all
operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate
policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each
and all coverage's shall be submitted prior to contract execution.
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 contractors responsibility to provide to the owner all proof
of coverage insurance documents including workers compensation coverage for each subcontractor.
18. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in these contract documents. The wage rate which must be paid on this project shall not be less than specified in
the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further
directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the
wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of
general prevailing rate of per diem wages in these contract documents does not release the Contractor from
compliance with any wage law that may be applicable. Construction work under this contract requiring an
inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service
to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires
to do work and obtain written permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life.
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19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount,
not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the
work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or
Engineer, a certified, 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.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
21. PREPARATION FOR BID
The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled
in and the bidder shall state the price both in words and numerals, for which he intends to do the work
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. If the bid is submitted by an individual, his name must be signed by him or his duly
authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each
member must be given and the bid signed by a member of the firm, association or partnership, or person duly
authorized. If the bid is submitted by a company or corporation, the company or corporate name and business
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
6 ; shall be executed in ink.
Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner:
(a) Bidder's name
! (b) Bid for (description of the project).
y.
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
bid may be withdrawn or altered thereafter.
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22. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
Notice to Bidders.
General Instructions to Bidders.
Bidder's Submittal.
Statutory Bond (if required).
Contract Agreement.
General Conditions.
Special Conditions (if any).
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Notice to Bidders.
General Instructions to Bidders.
Bidder's Submittal.
Statutory Bond (if required).
Contract Agreement.
General Conditions.
Special Conditions (if any).
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(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.
23. QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
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 in regard to the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall 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 carry out the obligations of the contract and to -�
complete the work described therein. Evaluation of the bidder's qualifications shall include:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
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BID SUBMITTAL
LUMP SUM BID CONTRACT
r, PLACET u rchasi ng Managers office
DATE: 07/15/98
tr"PROJECT NUMBER: #98146 - ACM ABATEMENT AT DEPOT RESTAURANT BUILDING
Bid of R.L.Abatement Co (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a ACM Abatement at Depot
IR-estaurant
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Restaurant of c fling scrape and floor tile removal
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
1. 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
reset forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required
under the contract documents.
MATERIALS: ($ )
SERVICES: ($
TOTAL BID: Twenty Six Thousand Two Hundred Sixty Two Dollars ($ 26,262.00 )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
r Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 26 (TWENTY-SIX) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
7 as liquidated damages the sum of $300.00 (THREE HUNDRED DOLLARS) for each consecutive calendar day in excess
of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
Finstruction number 21 of the General Instructions to Bidders.
Fbidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
i.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
r -commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
1 which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
:without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of
the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within
r -(ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ jore Bid Bond in the sum of One Thousand Four Hundred Dollars ($ 1,400.00j,
"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 falls to execute the necessary contract documents and the required bond (if any) with the
Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check
�or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
7documents made available to him for his inspection in accordance with Notice to Bidders.
C'0 e'1'4q�- -&-I �- /'ZZ
Authorized Signature
1•• Narciso 7avala
a (Printed or Typed Name)
R.L.Abatement Co.
Company
P.O. Box 1533
Address
Lubbock I uhhnr,,k
City, County
Tpxac 79408
State Zip Code
Telephone: 806 - 746-64$8
Fax:806 -_Z4fi-6969
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
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CUMBERLAND CASUALTY & SURETY COMPANY
BID BOND
Bond No: CC 19353
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KNOW ALL MEN BY THESE PRESENTS, that we Roberto Va.Uadares, Jr. dba
R -T.- Aha emnt Comany
as Principal, hereinafter called the Principal, and Cumberland Casualty & Surety Co., a Corporation
duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are
held and firmly bound unto City of Lubbock
as Obligee, hereinafter called the Obligee, in the sum(�_%) of the Bid Amount not to Exceed
One Thousand Four Hundred and no/199****
DOLLARS ($�� 400 OD
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
Asbestos Abatement
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.
Signed and sealed this 14tttay of July , 1998 Roberto Valladares Jr., dba
(Pnncipal) Ccaz
any
(Witness) lee"(Title)
(Witness)
i
Cumberl d Casualty &. Surety Comvanv
(Buret
(Attorney in act) Andy. MAT -
Cumberland
Casualty & Casualty Co.
8150 Brookriver Dr., Ste. S303
Dallas, Texas 75247
214-951-7979
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CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY
• TAMPA, FLORIDA
Roberto Valladares,
PRINCIPAL Jr. dba
R.L. Abetment a EFFECTIVE DATE 7-14-98
P.O. Box 332 Weslaco Tx, 78596
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACTAMOUNT AMOUNT OF BOND $—__ 1,400.00
r POWER NO.CC• 1 �' �1
KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized
under the laws of the State of Florida, having its principal office in the City of Tampa, Florida, pursuant to the following resolution,
adopted by the Board of Directors of the said Company on the 7th day of April, 1997, to wit:
"Resolved that the President of the Company shall have authority to make, execute, and deliver a Power of Attorney constituting
as Attorney -in -Fact, such person, firms, or corporations as may be selected from time to time.
Be it Further Resolved, that the signature of the President and the Seal of the Company may be affixed to any such Power of
Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which itis
attached."
Cumberland Casualty & Surety Company does hereby make, constitute and appoint Dewey Young and/or
Andy Alvarez State of, Texas
its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed two million ($2,000,000.00) dollars.
And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officer of the Cumberland Casualty.& Surety Company, and all the acts of said attorney(s) pursuant to
(� the authority herein given, and hereby ratified and confirmed.
IN WITNESS WHEREOF, the Cumberland Casualty & Surety Company has caused these presents to be signed by an
officer of the Company and its Corporate Seal to be hereto affixed.
R " �uAar ;
CUMBERLAND CASUALTY & SURETY COMPANY
STATE OF FLORIDA
Ste, Ed a d L Edenfiel IV
) � ��
J
ll ) SS
COUNTY OF HILLSBOROUGH)
On this 7th day of April, A.D. 1997, before me personally came Edward J. Edenfield IV, to me known, who being by me duly
g4LOO4
sworn did dispose and say; that he resides in the County of Hillsborough, State of Florida; that he Is President of the Cum-
berland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows
the seal of said corporation; that the seal affixed to the said instruments Is such corporate seal; that it was so affixed by order
of the Board of Directors of said corporation and that he signed his name, thereto by like order.
At%
PMUC BE Y ANN JE
a
%=V1 Notary Public, State of Flo da
STATE OF FLORIDA ) !'Gro "�otio' My Commission Expires Aug. 998
SS onoK G No. CC 402276
COUNTY OF HILLSBOROUGH) Bonded Through OfficialRotary 8cruice
I, the undersigned, Secretary of the Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Tampa.
r" �yul►urs'G Dated the14 day of JAY ,19 98
Sm
r J Carol S. Black, ecretary
No Text
r Jul -16-98 09:52A R.L.Abatement Co. 806 746 6488 P.02
i
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000) Bond#CC 19378
Roberto Valladares Jr., dba
KNOW ALL MEN BY THESE PRESENTS, that R. L. Abatement Canpany (hereinafter called the Principal(s), as
rPrincipal(s), and Cumberland CasualtySurety & Y CznpanY
r (hereinafter salted the Surety( nst�uT yVr s ?19 IWC? 1r9 to the City of Lubbock (hereinafter called the
Obligee), in the amount of c; Y�mand „i inn** ollars ($-�6 , 262.00 .) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
0 HE , the cipal has entered into a certain written contract with the Obligee, dated the ��sy of
u�JL , 18, to
►'^ ACM Abatement at Depot Restaurant Building
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and said Principal under the law is required before commencing the work provided for in said contract to execute a bond In
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for In said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
�—� ,SIN WITN WHEREOF. the said ipripal (s) and Surety (s) have signed and sealed this instrument this
� S da of 199
Roberto Valladares Jr. dba
Cumberland Casualty & Surety Company R L Aba
Surety
.By. - -
(Title) y ar z , ttyFact
_,-. tement Coni�any
Principal
(Title)
By: --,.
p^ Jul -16-98 .09-52A R.L.Abatement Co. 806 746 6488 P.03
l The undersigned surety company represents that It is duly qualified to do business in Texas, and hereby
esignateClenBonds an agent resident in Lubbock County to whom any requisite notices may be delivered
nd on whom service of process may be had in matters arising out of such suretyship.
r
Ctunberland Casualty & Surety Cc mpany
Surety
7
By: _ Ila AWA
r (Title)Xndy Al arez, A- :n-F'act
%pproved as to form:
:tty of Lubbock
G ;Y:
Cify Attorney
Note: if signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
gat this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
ttorney for our files.
r -
a
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i
CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY
TAMPA, FLORIDA
Roberto Valladares Jr. dba
PRINCIPAL R.L. Abatement Cminany EFFECTIVE DATE �(
�.. P.O. Box 332 Weslaco Tx. 78596
(STREET ADDRE�entySix Thousand TwE Hundred- (STATE) (ZIP CODE)
CONTRACTAMOUNT 1 W AMOUNT OF BOND $ 26,262.00
Sixty Two and no/100**
POWER NO.CC- 1 9 7
KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized
under the laws of the State of Florida, having its principal office in the City of Tampa, Florida, pursuant to the following resolution,
adopted by the Board of Directors of the said Company on the 7th day of April, 1997, to wit:
"Resolved that the President of the Company shall have authority to make, execute, and deliver a Power of Attorney constituting
as Attorney -in -Fact, such person, firms, or corporations as may be selected from time to time.
Be it Further Resolved, that the signature of the President and the Seal of the Company may be affixed to any such Power of
Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is
attached."
Cumberland Casualty & Surety Company does hereby make, constitute and appoint Dewey Young and/ or
Andy Alvarez State of, TeX2S
its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed two million ($2,000,000.00) dollars.
And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officer of the Cumberland Casualty & Surety Company, and all the acts of said attorney(s) pursuant to
the authority herein given, and hereby ratified and confirmed.
IN WITNESS WHEREOF, the Cumberland Casualty & Surety Company has caused these presents to be signed by an
officer of the Company and its Corporate Seal to be hereto affixed.
CUMBERLAND CASUALTY & SURETY COMPANY
F SEAL
Ed a d J. Edenfiel IV
!^ STATE OF FLORIDA
. ) SS
COUNTY OF HILLSBOROUGH)
r.. On this 7th day of April, A.D. 1997, before me personally came Edward J. Edenfield IV, to me known, who being by me duly
sworn did dispose and say; that he resides in the County of Hillsborough, State of Florida; that he is President of the Cum-
berland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows
the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order
of the Board of Directors of said corporation and that he signed his name, thereto by like order.
rusuc BE Y ANN JE
Notary Public, State of Flo da
r., STATE OF FLORIDA Olt o My Commission Expires Aug. 998
SS coon No. CC 402276
Bonded Through gffuial lbtarg Strvitt
COUNTY OF HILLSBOROUGH)
I, the undersigned, Secretary of the Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Tampa.
�yarrs Dated the day of .19
S
J x6� Carol S. Black, ecretary
No Text
7
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _day of
, 19_, to
i
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as
t^ if copied at length herein.
t NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
.,, perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void;
{ otherwise to remain in full force and effect.
E
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of '19
Surety
E • By:
,., (Title)
Principal
By:
(Title)
By:
(Title)
By:
(Title)
I
N
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
Surety
.By.
(Title)
Approved as to Form
t
i City of Lubbock
By:
City Attorney
r,,.,, Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
2
..........
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7 AUG -26-98 TUE 18:58 ENVIRONMENTAL INSURANCE FAX NO. 4585248
P. 01
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Environmental Insurance.Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Homer W Owens ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 26544P FF N_Q_CO�P;AGE
Austin, 7$755 coAANv
(512)458-1394 United Capital Insurance Company
RED COMPANY -'-----•--• — —
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THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICtJ This
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DFSCHIBE0 (1EREW IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMPTS SHOWN MAY NAVE SEEN REDUCED BY PAID CLAIMS.
_
00 TYPE OF RNSURANCE POLICY NUMBER , POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE (MMMDIYY) DATE (MMlDDfYY)T LIMITS
GENERALLLASIUTY
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PLR`CHALBADVIN.IURY
a 21000 000
EACH OCGURRFNCF
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NON-OWNEDAUTOS
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DESCRIPTION OF OPERA•LIONMOCATIOMNIMrLr;WSPECUL ITEMS
Project: Depot Restaurant Building 1801 Ave G Lubbock, TX
Dese: 8,000 Sr ACM Ceiling 1,000 SF floor tiel & mastic
Waiver of7t> Subrogation in Favor of Certificate Holder
.Q •<yadXd868d$14$ �iPEE i£^ 8 8> 3$Et�4tss§#3§$II's EBG';, 8' EIi S; Raa«yrli>i>I:%s > ... ,
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A riL7��.�it11Y�J
4��b•a6?��$ff�.
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City Of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
1625 13th Rm 104 40 DAYS WRITTEX NOTICE TO THE CERTIFICATE HOLOEA NAMED TO THE LEFT,
Lubbock, TX 79901 BUT FAILURE TO MAI SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND THE hoown ITS A06NT9 OR REPRE8ENTA7IVES.
AUTHORIZED RPTIVF
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08-26-98 16:47 RECEIVED FROM:4585248 P.01
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ISSUE DA
Ata11�I1R, CERT[FICAT OF .INSURANCE osi2ai9
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IS IS ISSUED AS A MATTER OF INFORMATION ONLY AND
ONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER -THIS CERTIFICATE
nafin Bates & Assoc., Inc.
Via44
S NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Walnut Hill Lane, Suite1081,LB54
LINES BELOW.
Dallas, TX 75231
COMPANIES AFFORDING COVERAGE
14-346-1500
COMPANY
A
LETTER
COMPANY
B
LETTERCOMPAN
INSURED
L. ABATEMENT
LETTER Y C
S Staff Leasing
cE
"'r D United Pacific Insurance Company
14160 Dallas Parkway #700
TX 75240
COMPANalias,
LETTER Y E
10-968-3301
COVERAGES
.:.... ...... ,)C -
Mn IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
rf WITHSTANDINGANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WFIICHTHIS CERTIFICATE MAY BE ISSUED OR
Y PERTAIN THE INSURANCE AFFORDED BY
THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. I.wrS
HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTS
TYPE OF INSURANCE
JEFFECTIVE
POLICY
A
POLICY
N
EXPIRATION
LIMITS
DATE
GENERAL LIABILITY
GENERAL AGGREGATE $
❑COMMERCIALGENERAL LIABILITY
PRODUCTS - C6W / OP AGG $
OCLAIMSMADE
PERSONAL & ADV. INJURY $
EACHOCCURRENCE E
[]OCCUR.
DAMAGE (any one fuo) $
❑ OWNERS & CONTRACTORS PROT.
MIED. EXPENSE (any one Pawn) $
AUTOMOBILE LIABILITY
CONIBINED SINGLE LIMIT $
❑ ANY AUTO
BODILY INJURY (per pawn) $
[]ALL OWNED AUTOS
BODILY INJURY (per awidew) $
PROPERTYDAMAGE $
[:]SCHEDULED AUTOS
❑ HIRED AUTOS
❑ NON -OWNED AUTOS
❑ GARAGED LIABILITY
EXCESS LIABILITY
CH OCCURRENCE i
UMBRELLA FORM
GGREG %TE $
10
[:]OTHER THAN UMBRELLA FORM
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NWA0117765-04
01/01/88
12/31/88
® STATUTORY LMTS
WORKERS COMPENSATION
�EACHACCIDENT S 1,000,000
AND
DISEASE -POLICY LIMIT $ 1,000,000
EMPLOYERS LIABILITY
3DISEASE-EACH EMPLOYEE $ 1,000,000
j
OTH1 ERs
$
ESCRnMON OF OPERATIONSILOCATJONS/VEHICLES/SPECL4L. nude
1. Certificate Holder is provided with
a Waiver of Subrogation for Workers Compensation. 2. Insured is afforded Workers Compensation &
Employers Liability as a co -employer
under the policy for employees leased from AMS Staff Leasing, Inc. 3. Project information: DEPOT
RESTAURANT BUILDING, 1801 AVE G, LUBBOCK. TX
CERTIFICATE HOLDER
-CANCELLATION
CITY OF LUBBOCK
_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
1625 13TH, ROOM L-04
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LUBBOCK, TX 79401
LEFT, BUT ILURE TO MAIL SUCH NOTICEIGAON OR
IMPOSE NOR PRESnENTATIVES.
F
LIABILITY ANY KIND UPON THE COMPANY,, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE
ACORD 25-S:(7/00)
CACORD CORPORATION 1000..
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have
been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this
contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by
contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
bid/proposal.
r--
Agent (Signature)
i;
Name of Agent/Broker: _
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone Number: ( )
7 Date:
CONTRACTOR'S NAME:
Agent (Print)
(Print or Type )
CONTRACTOR'S ADDRESS:
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to reject this bid/proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please
contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
�--BID #98146 - ACM ABATEMENT AT DEPOT RESTAURANT BUILDING
f
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2
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7 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;
f•. (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
a prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
r report an employer's failure to provide coverage." and
k j (8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
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_. _ _.
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CONTRACT
7 STATE OF TEXAS
COUNTY OF LUBBOCK
L
THIS AGREEMENT, made and entered into this 13"' day of August, 1998 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and R.L. Abatement of the City of Lubbock, County of Lubbock and the State of Texas
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
r. CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #98146 - ACM ABATEMENT AT DEPOT RESTAURANT BUILDING - $26,262.00
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.
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is
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. A
r„. A ST:
'JhJ&
Secret
APPROVED AS TO CONTENT:
wner's Represetfaag
7 APPROVED AS TO FORM:
City Attorney
ATTEST:
Corporate Secretary
i
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CONTRACTOR:
R. L. ABATEMENT CO._ �'
By / /may 2 aL47�
PRINTED NAMEAfCIsO Zauo lo -
TITLE: l) — 01.1) kli f—
COMPLETE ADDRESS:
R. L.. Abatement Co.
P.O. Box 1533
Lubbock, Texas 79408
No Text
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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 R. L. ABATEMENT 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 DAVID ZIEGLER, BUILDING SERVICES 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
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,"
f "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a directcontract 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
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business address known to the party who gives the notice.
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8. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
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
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.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative 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 insure 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
f execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
` 15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions
given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
r 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.
r- 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
E
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
I or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
" modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform
Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The 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 which may be contemplated by Owner or Owner's Representative and shall give ample notice as to
the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject
any 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.
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L 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
r Inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
! with the requirements of the contract documents.
r 22. DEFECTS AND THEIR REMEDIES
C It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not
in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
r- 24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
r required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
I 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,
j" 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
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them agreed to. Owner's Representative may direct the form in which accounts of the actual Feld cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership _
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit,
overhead, general superintendence and field office expense, and all other elements of cost and expense not
embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office
must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative.. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra --
work, make written request to the Owner's Representative fora written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making _
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement
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 prior to 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
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.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and 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,
ti 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 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
I.. Combined Single Limit in the aggregate and per occurrence to include:
Pollution Liability
Premises and Operations
s
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage LiabilityInsurance.
For bodily injuries, including accidental death and or property damage, $1.000,000.00 Combined Single
Limit. This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $300.000.00 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and
Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/Installation Floater Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0.0% 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 $1.000.000.00 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.
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
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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
t
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
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project. "Services" does not include activities unrelated to the project, such as food/beverage
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vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate! of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
i (c) provide the Contractor, prior to the end of the coverage period, a new certificate of
w : coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration bf the project;
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(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
Regulation. Providing false or misleading information may subject the Contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor --
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
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E (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the 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:
e
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 512/440-3789 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
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
(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;
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(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i) -(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
t" 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
r (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
C 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.
G 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in 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
i 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
i Representative prior to bidding.
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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 shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as
provided by the contract documents. _.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the 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 $300.00 (THREE HUNDRED
DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every 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.
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35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the 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
r^ direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
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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
r 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
r 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.
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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
.M
stoppage shall be paid by Owner to Contractor.
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38. QUANTITIES AND MEASUREMENTS
PM 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 from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
E:
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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,
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.
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43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time 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
1 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
r Representative.
i
1 46. PAYMENT WITHHELD
40*
1, 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.
r
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.
I"
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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
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety
on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be
delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the 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.
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t : 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
7 accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract,
or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over
to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided,
however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to
the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the
date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at
either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than
the Contractor or his Surety, if applicable, to their proper owners.
L The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this
paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise
of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
r, paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
F The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
t 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 successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved
Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be
in effect until such bonds are so furnished.
I� 19
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
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.
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
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.
20
No Text
Resolution \o. 5121
March 14, 1996
Item 919
RESOLUTION
WHEREAS, the City Council has heretofore established the general prevailing rate of
per diem wages for each craft or type of workmen or mechanics needed to execute public
works contracts for the City of Lubbock in accordance with the provisions of Vernon's
Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719 enacted February
i 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
Resolution No. 2502 enacted January 8, 1987; and
' WHEREAS, such rates need to be updated at the present time in order to reflect the
current prevailing rate of per diem wages; NOW THEREFORE:
Ii
THAT the general prevailing rate of per diem wages for public works contracts shall be
as set forth in the following named exhibits, which exhibits shall be attached hereto and made
a part hereof for all intents and purposes:
I
,
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
Exhibit C. Overtime Rate
Exhibit D: Weekend and Holiday Rate
' 1
Such wage rates are hereby found and declared to be the general prevailing rate of per diem
wages in all localities where public works are undertaken on behalf of the City of Lubbock and j
such wage rates shall be included in all public works contracts as provided by law.
{"
�� I
Passed by the City Council this
14th
I ATTEST:
i
Betty M. J nson, City Secretary
APPROVED AS TO CONTENT:
I
Mary AndrYws, Managing Director of
Human Resources
APPROVED AS TO FORM:
a old Willard, Assistant City Attorney
H W : da/ccdocs/pubworks. res
February 14, 1996
I
W
r
I
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly to
Acoustical Ceiling Installer
10.00
Air Conditioner Installer
11.00
Air Conditioner Installer -Helper
5.50
Asbestos Worker
8.00
Asbestos Supervisor
11.00
Bricklayer
11.00
Bricklayer -Helper
6.00
Carpenter
11.00
Carpenter -Helper
6.00
Cement Finisher
7.50
Drywall ager
10.00
Electrician
13.00
Electrician -Helper
6.00
Equipment Operator -Heavy
8.50
Equipment Operator -Light
7.50
Floor Installer
8.50
Glazier
8.00
Insulator-Piping/Boiler
9.00
Insulator -Helper
5.50
Iron Worker
8.00
Laborer -General
5.50
Mortar Mixer
5.50
Painter
9.50
Plumber
10.50
Plumber -Helper
6.00
Roofer
8.00
Roofer -Helper
5.50
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder -Certified
10.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
��il'•1R"I*�
6.00
5.50
7.35
5.75
10.50
5.50
6.50
5.50
5.50
6.25
7.25
5.50
7.00
7.00
7.00
6.50
7.00
6.50
8.50
6.00
6.50
6.50
6.00
6.50
1:11:
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXHIBIT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
� a
SPECIFICATIONS
ASBESTOS ABATEMENT
.DEPOT RESTURANT BUILDING
CITY OF LUBBOCK
Prepared By:
ICING CONSULTANTS, INC
1205 E. 46TH STREET
LUBBOCK, TX 79404
806/763-6156
Clark DeLavan, Asbestos Consults i
TDK Lie. # I0-5031
i
TABLE OF CONTENTS
Part 1 General Information
1.1
Definitions
1.2
Scope of Work
1.3
Description of Work
r
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
3.1.1
Substitutions
'Part 3 Execution
3.1
Preparation
3.1.1
Work Area Pre -cleaning
3. l .2
Worker Decontamination Enclosure
3.1.3
Waste Container pass -out Airlock
r
3.1.4
Barriers Between the Work Area and Occupied Areas
3.1.5
Maintenance of Enclosures
3.1.6
3.1.7
Establishing Emergency Exits
Removing and Cleaning Fixtures from Area
3.1.8
Removal of Building Structural Components
3.1.9
Commencement of Work
3.1.10 Enclosure System Approval
3 1.11
Alternative Procedures
'^
3.2
Work place Entry and Exit Procedures
3.3
Training
3.4
Respiratory Protection
3.5
Protective Clothing
3.6
Removal Procedures
r
r
3.7
Clean-up
3.8
Encapsulation Procedures
�..,
3.9
Clearance Air Monitoring
r
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 1 GENERAL INFORMATION
1.1 Definitions
1.1.1 Abatement - Procedures to control fiber release from asbestos containing materials.
Includes removal, encapsulation, enclosure, repair, demolition and renovation activities.
1.1.1.1 ACGIN American Conference of Governmental Industrial Hygienists, 6500
Glenway Ave. Building D-5, Cincinnati, Ohio 45211.
1.1.1.2 AIHA - American Industrial Hygiene Association, 4676 Columbia Parkway (R-8)
Cincinnati, Ohio 45226.
1.1.1.3 Airlock - A system for permitting ingress and egress with minimum air
I
movement between a contaminated area and an uncontaminated area, typically consisting
of two curtained doorways separated by distance of at least 3 feet such that one passes
through one doorway into the airlock, allowing the doorway sheeting to overlap and close
off the opening before proceeding through the second doorway, thereby preventing flow-
through contamination.
7
l .l . l A Air monitoring - The process of measuring the fiber content of a. known volume
of air collected during a specific period of time. The procedure normally utilized for
asbestos follows the NIOSH Standard Analytical Method for Asbestos in Air P&CAM
239 or Method 7400. For clearance air monitoring, electron microscopy methods may be
utilized for lower detectability and specific fiber identification.
1.1.1.5 Air Sampling Professional - The professional contracted or employed by the
Building Owner to supervise and/or conduct air monitoring and analysis schemes. This
individual may also function as the Asbestos Project Manager, if qualified. Supervision of
air sampling and evaluation of results should be performed by an individual who has
completed an EPA approved NIOSH 582 course and has specialized experience in air
sampling for asbestos. Other acceptable Air Sampling Professionals include
Environmental Engineers, Architects, Chemists, and Environmental Scientists or others
with equivalent experience in asbestos air monitoring and asbestos abatement. This
individual shall not be affiliated in any way other than through this contract with the
Contractor performing the abatement work.
1.1.1.6 Amended Water - Water to which a surfactant has been added.
1.1.1.7 ANSI - American National Standards Institute, 1430 Broadway, New York,
N.Y. 10018.
4
1.1.1.8 Asbestos - the asbestiform varieties of serpentine (chrysotile) rie beckite
(crocidolite), cummingtonite- grunerite (amosite), anthrophyllite, and actinolite, and
tremolite.
1.1.1.9 Asbestos Containing Material (ACM) - Material composed of asbestos of any
type and in an amount greater that 1% by weight, either alone or mixed with other fibrous
or non-fibrous materials.
1.1.1.10 Asbestos Containing Waste Material - Asbestos containing material or asbestos
contaminated objects requiring disposal.
1.1.1.11 Asbestos Project Manager - That person designated by the Owner to manage all
asbestos work.
1.1.1.12 ASTM - American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103.
1.1.1.13 Authorized Visitor - The Building Owner (and any designated representatives)
and any representative of a regulatory or other agency having jurisdiction over the project.
1.1.1.14 Building Owner - The Owner or his authorized representative.
1.1.1.15 Certified Industrial Hygienist - (CIH) An industrial hygienist certified in
Comprehensive Practice by the American Board of Industrial Hygiene. (See Section
1.1.1.2 for address).
1.1.1.16 Clean Room - An uncontaminated area or room which is a part of the worker
decontamination enclosure system with provisions for storage of worker's street clothes
and clean protective equipment.
1.1.1.17 Contractor - The individual and/or business with which the Building Owner
arranges to perform the asbestos abatement. It is recommended that wherever asbestos
abatement is part of a larger project, the asbestos work be contracted separately and
distinctly from other contract work. When this is not possible, the Contractor is
responsible for the proper completion of project activities in accordance with this contract
specifications even where a subcontractor has been retained to perform the actual
abatement.
1.1.1.18 Curtained Doorway A device to allow ingress and egress from one room to
another while permitting minimal air movement between the rooms, typically constructed
by placing two overlapping sheets of plastic over an existing or temporarily framed
doorway, securing each along the top of the doorway, securing the vertical edge of one
sheet along one vertical side of the doorway and securing the vertical edge of the other
sheet along the opposite vertical side of the doorway. Other effective designs are
permissible.
5
i
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
F" and equipment.
1.1.1.20 Demolition - The wrecking or taking out of any load- supporting structural
member of a facility together with any related handling operations.
1.1.1.21 Encapsulant - A liquid material which can be applied to asbestos containing
material which controls the possible release of asbestos fibers from the material either by
creating a membrane over the surface (Bridging encapsulant) or by penetrating into the
material and binding it's components together (Penetrating encapsulant).
1.1.1.22 Encapsulation - The application of an encapsulant to asbestos containing
materials to control the release of asbestos fibers into the air.
1.1.1.23 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.
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.
r- 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.
III
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,
6
valves, joints, elbows, and other non -planar surfaces in a non -contained (plasticized) work _
area. The glovebag assembly is a manufactured or fabricated device consisting of a
glovebag (typically constructed of 6 mil transparent polyethylene or polyvinylchoride
plastic) two inward projecting long sleeves, an internal tool pouch, and an attached, r -
labeled receptacle for asbestos waste. The glovebag is constructed and installed in such a
manner that it surrounds the object or material to be removed and contains all asbestos
fibers released during the process. OSHA's definition of a glove bag is that it may be no
larger than 60"x60", may be used only one time, may not be slid along the pipe and may
not be joined to form a continuos line of glove bags. All workers who are permitted to use
the glovebag technique must be highly trained, experienced and skilled in this method. _
This definition will be strictly applied to on all projects.
1.1.1.32 HVAC - Heating, ventilation and air conditioning system.
1.1.1.33 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 NEPA 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
NEPA filtration and capable of maintaining a constant low velocity air flow into
contaminated areas from adjacent uncontaminated areas.
1.1.1.38 NESHAPS - The National Emission Standards for Hazardous Air Pollutants (40
CFR Part 61).
1.1.1.39 NIOSH - The National Institute for Occupational Safety and Health CDC -
NIOSH, Building J N.E., Room 3007, Atlanta, Ga. 30333.
1.1.1.40 OSHA - The Occupational Safety and Health Administration, 200 Constitution
Ave. Washington, D.C. 20210.7
1.1.1.41 Outside Air - The air outside buildings and structures.
1.1.1.42 Plasticize - To cover floors and walls with plastic sheeting as herein specified.
1.1.1.43 Prior Experience -Experience required of the contractor on asbestos projects of
similar nature and scope in insure capability of performing the asbestos abatement in a
7
i
F
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.
1.1.1.44 Removal - The stripping of any asbestos containing materials from surfaces or
components of a facility.
1.1.1.45 Renovation - Altering in any way one or more facility components. Operations
in which load -supporting structural members are wrecked or taken out are excluded.
l .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.I.47 Staging area - Either the holding area or some area near the waste transfer
airlock where containerized asbestos waste has been placed prior to removal from the
work area.
1.1.1.48 Strip To take off friable asbestos materials from any part of facility.
1.1.1.49 Structural Member - Any load -supporting member of a facility, such as beams
and load -supporting walls or any non -load -supporting walls or any non -load -supporting
member, such as ceilings and non -load -supporting walls.
1.1.1.50 Surfactant -A chemical wetting agent added to water to improve penetration.
1.1.1.51 Visible Emissions - Any emissions containing particulate asbestos material that
i are visually detectable without the aid of instruments. This does not include condensed un -
combined water vapor.
1.1.1.52 Waste Transfer Airlock - A decontamination system utilized for transferring
containerized waste from inside to outside of the work area.
1.1.1.53 Wet Cleaning - The process of eliminating asbestos contamination from building
surfaces and objects by using cloths, mops or other cleaning utensils which have been
dampened with water and afterwards thoroughly decontaminated or disposed of as
asbestos contaminated waste.
1.1.1.54 Work Area - Designated rooms, spaces or areas of the project in which asbestos
abatement actions are to be under taken or which may become contaminated as a result of
such abatement actions. A contained work area is a work area which has been sealed,
plasticized, and equipped with a decontamination enclosure system. A non -contained work
area is an isolated or controlled -access work area which has not been plasticized nor
equipped with a decontamination enclosure system.
8
1.1.1.55 Worker Decontamination Enclosure - A decontamination system consisting of a _
clean room, a shower room and an equipment room separated from each other and from
the work area airlocks and contained doorways. This system is used for all workers
entering and exiting the work area and for equipment and waste pass out for small jobs. --
1.2 Scope of Work
1.2.1 These specification coverthe abatement of asbestos hazards from buildings
structures and components and leaving area free of air -borne asbestos fibers. The work
will be performed in the Old Depot Restaurant Building 1801 Ave. G, Lubbock, Texas.
1.2.2 The project consists of the demolition of a wood floor to access tile below.
Abatement of approximately 8,000 square feet of ACM acoustical ceiling material and
1,000 square feet of floor tile and mastic.
The abatement work will be preformed in two phases, requiring two separate
containments.
1.2.2.1 The demolition of the wood floor will be completed prior' to the prep work in the
area. The work area will be placed in full containment, three -stage decontamination unit,
size HEPA filtration devices for size of containment and exhausted to beer garden area.
1.2.2.2 Work Areas and Materials to Abate: (See drawings for details). Acoustical texture
shot on sheetrock ceilings in building. Acoustical material on plaster ceilings in waiting
room. 9X9 floor tile below raised floor in bar area.
1.2.2.3 All work must be done following TDH, EPA and OSHA regulations. The
contractor and all workers are to be licensed by the State of Texas. All work is to be
completed following these specifications and all applicable Federal and State of Texas
regulations.
The abatement contractor is responsible for all sampling as required by OSHA, and
shall be made available to the project manager daily.
1.2.2.4 Pre -abatement background air sampling for clearance level standard for the
designated work area and the adjoining area is to be done by the Project Manager/air
monitoring technician.
1.2.2.5 No pre -abatement work is to start until the Project Manager has approved all
submittals required in these specifications.
9
1.2.2.6 Pre -Abatement
1.2.2.6.1 Representative for the City of Lubbock ( Ron Shuffield) is to be notified as to
work schedule and warning signs as required in 3.1.1.1 of these specifications are to be
posted.
1.2.2.6.2 Contractor is responsible for the securing of the work area as specified in 1.7
Barricades must be installed around the work area and as directed by the Owner.
1.2.2.6.3 Pre -clean the work area using HEPA vacuum and/or wet wipes.
1.2.2.6.4 Remove all furniture, fixtures and equipment from the work area and store as
directed by the Owner.
1.2.2.6.5 Critical barrier and seal all electrical outlets, vents, lights, other openings and
objects which can not be disconnected and removed from the work area.
1.2.2.6.6 Setup containment as required in 3.1.1.
1.2.2.3.7 Set up worker decontamination enclosure system as required in 3.1.2.
1.2.2.6.8 Establish and mark emergency exits as required in 3.1.3.5.
1.2.2.6.9 Install pressure differential ventilation equipment as to provide an air change in
the work area every 15 minutes. This ventilation system is to remain in operation until
final air clearance is received.
1.2.2.6.10 A strip recorder will be used to measure the negative air pressure within
containment and a complete copy of this is to be provided to the Building Owner. A
negative pressure of 0.020 or greater is to be maintained at all times.
1.2.2.6.11 After inspection and approval by the Project Manager of the procedures,
respirator protection and the protective clothing to be used, removal work can begin.
1.2.2.4 Abatement Activities
1.2.2.4.1 All HVAC and any other ventilation must be shut down and disconnected.
1.2.2.4.2 Removal of asbestos containing material must be pre -wet with amended water
and removed section at a time.
1.2.2.4.3 Contaminated material is to be bagged as it is removed. No build up of debris is
to occur on the floor. Bags must be washed and placed in a second bag when bagging
out.
10
1.2.2.4.4 Work time shall be between the hours of 7:00 a.m. and 5:30 p.m. Monday thru
Friday, unless prior arrangements are made with the Owner and the Project Manager. The
contractor shall work a minimum of a eight hour work day, five days a week.
1.2.2.4.5 Contractor is to furnish the Project Manager with a work schedule showing the
start time and stop time each day and projected completion date.
1.2.2.4.6 The Contractor will be back charged by the Owner for the Project Manager's
time plus 10% when the Contractor fails to work within these scheduled work hours due
to late arrivals or no-shows.
1.2.2.4.7 The Contractor will be back charged by the Owner for the Project Manager's
time plus 10% for failure to have on-site his competent person, as required by OSHA in
29 CFR 1926, or failure to have adequate personnel or equipment.
1.2.2.4.8 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.
1.2.2.4.9 Final inspection according to specifications.
1.2.2.4.10 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, this set will be paid for by the contractor.
1.2.2.4.11 Disposal and transportation as per 3.10 of specification.
1.2.2.4.12 Complete documentation as per EPA requirements.
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.
This is to insure the Contractor will maintain an adequate work force, equipment and
materials to complete this project as called for by the Contract.
1.2.2.4.13 The required minimum work force for this project is five (3) certified asbestos
workers and one certified sLipervisor. All workers on this project must have a current
state asbestos license when applicable in hand as well as current certification and physical.
No pending application for workers or supervisorswill be acceptable. All workers must
have current certification as required by AHERA, and a current state license.
1.3 Description of Work
1.3.1 The work specified herein shall be the (removal) (and) (encapsulation) (and)
enclosure) of asbestos containing materials by competent persons; trained, knowledgeable
and qualified in the techniques of abatement, handling and disposal of asbestos containing
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and asbestos contaminated materials and the subsequent cleaning of contaminated areas,
who comply with all applicable Federal, State, and Local regulations and are capable of
and willing to perform the work of this Contract.
1.3.2 The Contractor shall supply all labor, materials, services, insurance, permits and
equipment necessary to carry out the work in accordance with all applicable Federal, State
and Local regulations, and these specifications.
1.3.3 The Contractor shall pay all royalties and license fees. He shall defend all suits or
claims for infringement of any patent rights and shall save the Owner harmless from 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 he shall be responsible for such loss unless he
promptly gives such information to the Owner.
1.3.4 The Contractor is responsible for the grounds surrounding the buildings as well as
the building itself during the removal time.
1.4 Applicable Standards and Guidelines
1.4.1 General Requirements
1.4.1.1 All work under this contract shall be done in strict accordance with all applicable
Federal, State and Local regulations, standards and codes governing asbestos abatement
and other trade work done in conjunction with the abatement.
C 1.4.1.2 The most recent edition of any relevant regulation, standard, document or code
shall be in effect. Where conflict among the requirements or with these specifications
exists the most stringent requirements shall be utilized.
1.4.1.3 Copies of all standards, regulations, codes, M.S.D. Sheets and other applicable
r documents, including this specification and all current licenses and certification shall be
available at the work site in the clean change area of the worker decontamination system.
1.4.2 Specific Requirements.
1.4.2.1 Occupational Safety and Health Administration (OSHA)
1.4.2.1.1 Title 29 Code of Federal Regulations, Section 1910,1001 -General Industry
Standard for Asbestos.
1.4.2.1.2 1926.1101, titled, "Occupational Exposure to Asbestos, Tremolite,
Anthophyllite, Actinolite", October 11,1994.
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1.4.2.1.3 Title 29 Code of Federal Regulation, Section 1910, 134 General Industry
Standard for Respiratory Protection.
1.4.2.1.4 Title 29 Code of Federal Regulations, Section 1926 Construction Industry. —
1.4.2.1.5 Title 29 Code of Federal Regulations, Section 1910.2 Access to Employee
Exposure and Medical Records.
1.4.2.1.6 Title 29 Code of Federal Regulations, Section 1910.1200 Hazard
Communication.
1.4.2.2 Environmental Protection Agency (EPA)
1.4.2.2.1 Title 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 titled Asbestos Abatement Projects: Worker Protection Rules" February 25, 1987.
1.4.2.2.3 Title 40 CFR Part 763 Subpart E, 763.80-763.99, and Appendices A and B �.
titled, Asbestos Containing; Materials in Schools" (AHERA rules) , July 1, 1992.
1.4.2.2.4 Title 40 CFR Part 763 Subpart E Appendix C, titled, "Model Accreditation
Plan" February 3,1994.
1.4.2.2.5 Title 40 CFR Part 763 Subpart E, Appendix B, titled, Work Practices and
Engineering Controls for Small Scale, Short Durations Operations Maintenance and
Repair(O&M) Activities Involving ACM", July 1,1992.
1.4.2.2.6 Title 40 CFR Part 763, Subpart E, Appendix D, titled, "Transport and Disposal
of Asbestos Waste" July 1, 1993.
1.4.2.2.7 Title 40 CFR Part 763, Subpart F,Appendix A, Section 1, Titled," Polarized
Light Microscopy", July 1, 1992.
1.4.2.2.8 Title 40 CFR Part 763, Subpart E, Appendix A, titled, "Transmission Electron
Microscopy Analytic Methods", July 1 1992. —
1.4.2.2.9 Title 49 CFR Chapter 1, Part 172, Appendix A, Subchapter C, October 1, 1992,
and Title 49 CFR Chapter 1, Part 172, Appendix A, Subpart H, October ,1, 1992.
( The above regulations are required to be on the job site by the TDH ( 295.33 ).
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1.4.2.3 (Include citations for any State or Local regulations that apply to any phase of the
asbestos abatement (e.g. Licensing regulation,' disposal requirements)
1.4.2.4 (Title of all other guidelines, codes, or documents with which the abatement
Contractor must comply or be familiar.)
1.5 Submittals and Notices
1.5.1 Contractor shall:
Commencement of Work:
1.5.1.1 All projects regardless of size must have a renovation/demolition notification sent
to the Texas Department of Health (10) ten working days prior to the start of the
project. The City of Lubbock Environmental Compliance Department MUST
REVIEW AND APPROVE THE NOTIFICATION PRIOR TO MAILING. All
notification must first be approved by Steve Claybrook/Dan Dennison. It is the
responsibility of the abatement contractor complete this notification. The building
owner is responsible for the permit fee that is required by the Texas Department of
Health unless there is a prior agreement with the owner.
1.5.1.1.2 Submit proof satisfactory to the Building Owner that required permits, license,
site location and arrangements for transport and disposal of asbestos containing waste
materials have been made. Obtain and submit a copy of handling procedures and list of
protective equipment utilized for asbestos disposal at the landfill, signed by the Landfill
Owner (Required for all abatement projects).
1.5.1.1.3 Submit documentation satisfactory to the Building Owner that the Contractor's
employees, including foreman, supervisors and any other company personnel or agents
who may be exposed to airborne asbestos fibers or who may be responsible for any
aspects of abatement activities, have received adequate training that includes, at a
minimum, information in Part 4, Section 4.1 of this document.
1.5.1.1.4 Submit documentation from a physician that all employees or agents who may
be exposed to airborne asbestos in excess of background level have been provided with an
opportunity to be medically monitored to determined whether they are physically capable
of working while wearing the respirator required without suffering adverse health effects.
In addition, document that personnel have received medical monitoring as required in
OSHA 29 CFR 1910.1001. The Contractor must be aware of and provide information to
the examining physician about unusual conditions in the work place environment (e.g. high
temperatures, humidity, chemical contaminant) that may impact on the employee's ability
to perform work activities.
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1.5.1.1.5 Contractor should, after inspection of job site, submit in writing to the Owner ._
any existing damage found.
1.5.1.1.6 Submit manufacturer's certification that the HEPA vacuum, negative pressure
ventilation units and other local exhaust ventilation equipment conform to ANSI 29,2-79.
1.5.1.1.7 Document NIOSH approvals for all respiratory protective devices utilized on
the site. Include manufacturer certification of NEPA filtration capabilities for all
cartridges and filters.
1.5.1.1.8 Submit documentation of respirator fit -testing for all Contractor employees and
agents who must enter the work area. This fit -testing shall be in 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.
1.5.1.1.9 Submit copy's of all M. S.D. sheets for all products that are to be used on the
project. Copies of these sheets must be kept in a notebook at the job site.
1.5.1.2 During Abatement Activities:
1.5.1.2.1 Submit copies of all transport manifests, trip tickets and disposal receipts for all
asbestos waste materials removed from the work area during the abatement process.
1.5.1.2.2 Submit daily copies of worksite entry logbooks with information on worker and
visitor access.
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).
1.5.1.2.5 Post in the clean room area of the worker decontamination enclosure a list
containing the names, addresses, and telephone numbers of the Contractor, the Building
Owner, the Asbestos Project Officer, The General Superintendent, the Air Sampling
Professionals, the Testing laboratory and any other personnel who may be required to
assist during abatement activities (e.g. Safety Officer, Building Maintenance" Supervisor,
Energy Conservation Officer).
1. 5.2 Owner Shall:
1.5.2.1 Prior to Commencement of Work:
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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).
1.5.2.2 During Abatement
1.5.2.2.1 Submit to the Contractor, results of bulk material analysis and air sampling data
collected during the course of the abatement.
1.5.2.2.2 The Contractor will be responsible for personal air monitoring as required by
OSHA for his employees.
1.5.2.2.3 The Owner will be responsible for furnishing a Project Manager/Air Monitoring
Professional. This Project Manager will be in charge of all air monitoring as required by
the Owner. He will have the authority to stop work at any time he feels it necessary,
because of failure of the Contractor to follow these specifications or regulations and for
failure to provide safe working conditions.
1.6 Site Security
1.6.1 The work area is to be restricted to authorized, trained, and protected personnel
only. These may include the Contractor's employees, employees of Subcontractors,
Owner employees and representatives, State and Local inspectors and any other
designated individuals. A list of authorized personnel shall be established prior to job start
and posted in the clean -room of the worker decontamination facility.
1.6.1.1 Entry into the work area by unauthorized individuals shall be reported
immediately to the Building Owner and the project manager by the Contractor.
1.6.1.2 In addition to the above log book each worker or each licensee on the project
must keep a daily record of his or her activities (TDH Regulations 295.58 (d)).
1.6.1.3 A Log book shall be maintained in the clean -room area of the worker
decontamination system. Anyone who enters the work area must record name, affiliation,
time in and time out for each entry.
1.6.1.4 Access to the work area shall be through a single worker decontamination system
located at (designated location at the worksite). All other means of access (Doors,
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windows, hallways, etc.) shall be blocked or locked so as to prevent entry to or exit from -.
the work area. The only exceptions for this rule are the waste pass -out airlock which shall
be sealed except during the removal of containerized asbestos waste from the work area,
and emergency exits in the case of fire or accident. Emergency exits shall NOT be locked
from the inside, however, they shall be sealed with polyethylene sheeting and tape until
needed. Emergency exit shall have a sign.
1.6.1.5 Contractor should have control of site security during abatement operations
whenever possible, in order to protect work efforts and equipment.
1.6.1.6 Contractor will have Owner's assistance in notifying building occupants of ^
impending activity and enforcement of restricted access by Owner's employees.
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 falls, confined spaces and heat related
injury. Written procedures shall be developed and employee training in procedures shall
be provided.
1.7.1.4 Employees shall be trained in evacuation procedures in the event of workplace
emergencies.
1.7 1.5 For non life-threatening situations, employees injured or otherwise incapacitated
shall decontaminate following normal procedures with assistance from fellow workers if
necessary, before exiting the workplace 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.
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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
1-^ nearest telephone.
1.7.1.8 There must be a telephone available for emergency use at all times. If the owner
does not have one on site the contractor must provide one at his expense.
1.8 Pre -Start Meeting
1.8.1 The successful Bidder shall attend a pre -start job meeting. Attending this meeting
will be representatives of the Owner and the Owner's agents along with testing/monitoring
personnel (e.g. Asbestos Project Manager, Air sampling Professional) who will actually
participate in the Owner's testing/monitoring program.
1.8.1.1 The Contractor and supervisory personnel who will provide on-site direction of
the abatement activities must attend.
1.8.1.2 At this meeting the Contractor shall provide all submittals as required in Section
1.6. Failure to do this will result in the Contract being awarded to the next qualified
Bidder. In addition he shall be prepared to provide detailed information concerning:
1.8.1.3 Preparation of work area.
1.8.1.4 Personnel protective equipment including respiratory protection and protective
clothing.
1.8.1.5 Employees who will participate in the project, including delineation of experience,
training, and assigned responsibilities during the project.
1.8.1.6 Decontamination procedures for personnel, work area and equipment.
1.8.1.7 Abatement methods and procedures to be utilized.
1.8.1.8 Required air monitoring procedures.
1.8.1.9 Procedures for handling and disposing of waste materials.
1.8.1.10 Procedures for final decontamination and cleanup.
1.8.1.11 A sequence of work and performance schedule.
1.8.1.12 Procedures for dealing with heat stress.
1.8.1.13 Emergency procedures.
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1.8.1.14 Items that MUST be presented at the pre -start meeting are; Performance and
Payment Bond, if required, Insurance Certifications, asbestos workers certifications,
physicals and required State license for those workers to work on this project only, logs _.
documenting filter changes in respirators, HEPA vacuum and negative pressure ventilation
units, and work schedule. Failure to have this material ready at the pre -start meeting
could result in the project being awarded to the next bidder.
1.8.1.15 The contractor shall submit the name of the project supervisor, (THIS
SUPERVISOR CANNOT BE REPLACED WITHOUT PRIOR NOTIFICATION
AND APPROVAL OF THE PROJECT MANAGER). The project manager is to be
present at all times. He is to see that there is someone to maintain the containment at all
times.
PART 2 MATERIAL AND EQUIPMENT
2.1 Materials
2.1.1 General (all abatement projects).
2.1.1.1 Deliver all materials in the original packages, containers or bundles bearing the
name of the manufacturer and the brand name.
2.1.1.2 Store all materials subject to damage off the ground away from wet or damp
surfaces and under cover sufficient enough to prevent damage or contamination.
Replacement materials shall be stored outside of the work area until abatement is
completed.
2.1.1.3 Damaged, deteriorating or previously used materials shall not be used and shall be
removed from the worksite and disposed of properly.
2.1.1.4 Polyethylene sheeting for walls and stationary objects shall be a minimum of 4 -mil
thick. For floors and all other uses sheeting of at least 6 -mil thickness shall be used in
widths selected to minimize the frequency of joints.
2.1.1.5 Method of attaching polyethylene 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).
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2.1.1.6 Polyethylene sheeting utilized for worker decontamination enclosure shall be ,
opaque white or black in color.
2.1.1.7 Sufficient protection should be placed under scaffold legs to prevent damage to
the floor covering. Also extra protection should be used if scaffold legs come in contact
with the seats.
2.1.1.8 Disposal bags shall be of 6 -mil polyethylene, pre- printed with labels as required
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.
2.1.1.11 Warning sign as required by OSHA 29 CFR 1910.1001 (g) (i) (ii) or proposed in
29 CFR 19 10. 1001 Asbestos Proposed Rule, Federal Register and Vol. 49, Tuesday April
10, 1984 (recommended).
2.1.2 Removal
2.1.2.1 Surfactant (wetting agent) shall be a 50/50 mixture of polyoxyethlyene ether and
polyoxyethylene ester, or equivalent, mixed in a proportion of 1 fluid ounce to 5 gallons of
water or as specified by manufacturer. ( An equivalent surfactant shall be understood to
mean a material with a surface tension of 29 dynes/cm as tested in its properly mixed
concentration using ASTM method D1331-56- "Surface and Interfacial Tension of
( Solutions of Surface Active Agents") Where work area temperature may cause freezing
of the amended water solution, the addition of ethylene glycol in amounts sufficient to
r prevent freezing is permitted.
2.1.2.2 After removal a lock down spray must be used to contain any fiber remaining
imbedded in the substrate. Care must be taken to cover the entire work area completely.
2.1.2.3 Additional materials as necessary for removal, as specified in 2.1.2.
2.2 Equipment
2.2.1 General (all abatement projects)
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2.2.1.1 A sufficient quantity of negative pressure ventilation units equipped with HEPA —
filtration and operated in accordance with ANSI 29.2.79 (local exhaust ventilation
requirements) and EPA guidance document EPA 560/5-83-002 Guidance for controlling
Friable Asbestos -Containing Materials in Building Appendix F: Recommended —
Specifications and Operating Procedures for the Use of Negative Pressure Systems for
Asbestos Abatement shall be utilized so as to provide one work place AIR CHANGE
EVERY 15 MINUTES.
To calculate total airflow requirement:
Total ft. 3 /min --Vol. of work area (in fft.3)
To calculate the number of units needed for the abatement: Number of units needed= —
(total cu. ft./min) (capacity of unit in cu. ft./min)
If air -supplied respirators are utilized, estimate the volume of supplied air and add to —
work place air volume when calculating ventilation requirements. For small enclosures
and glove bags, a HEPA filtered vacuum system may be utilized to provide negative air
pressure.
2.2.1.2 Type "C" air supplied respirators in positive pressure or pressure demand mode
with full face piece and HEPA filtered disconnect protection are recommended by the U.S.
EPA for all full shift abatement work until the successful completion of final clearance air
monitoring. Powered air purifying respirators equipped with HEPA filters and full face
pieces of respirators with a higher NIOSH assigned protection factor may be used for
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 (HEPA) filters may be utilized during work area preparation
activities. (See Section 3.4.1.2.)
Spectacle kits and eyeglasses must be provided for employees who wear glasses and
Who must wear frill 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 air volumes and pressures to accommodate respirator
manu[acturer's specifications. The compressed air systems sliall have a receiver of
adequate capacity to allow escape of all respirator wearers from contaminated areas in the
event of compressor failure. Compressors must meet the requirements of 29 CFR
1910.134 (d). Compressors must have an in-line carbon monoxide monitor and periodic
inspection of the carbon monoxide monitor must be evidenced. Documentation of
adequacy of compressed air systems/respiratory protection system must be retained on
site. This documentation will include a list of compatible components with the maximum
number and type of respirators that may be used with the system. Periodic testing of
compressed air shall insure that systems provide air of sufficient quality (Grade D
breathing air as described in Compressed Gas Association Commodity Specifications G-
7.1).
2.2.1.3 Full body disposable protective clothing, including head, body and foot covering
(unless using footwear as described in 2.2.1.5) consisting of material impenetrable by
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asbestos fibers (Tyvek R or equivalent) shall be provided to all workers and authorized
visitors in sizes adequate to accommodate movement without tearing.
2.2.1.4 Additional safety equipment (e.g. hard hats, meeting the requirements of ANSI
Standard Z89.1-1981, eye protection, meeting the requirements of ANSI Standard 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.
2.2.1.5 Non -Skid footwear shall be provided to all abatement workers. Disposable
clothing shall be adequately sealed to the footwear to prevent body contamination.
2.2.1.6 A sufficient supply of disposable mops, rags and sponges for work area
decontamination shall be available.
2.2.2 Removal
2.2.2.1 A sufficient supply of scaffolds, ladders, lifts, and hand tools (e.g. scraper, wire
cutters, brushes, utility knives, wire saws, etc.) shall be provided as needed.
2.2.2.2 Sprayers with pumps capable of providing 500 pounds per square inch (psi) at the
nozzle tip at a flow rate of 2 gallons per minute for spraying amended water.
2.2.2.3 Rubber dustpans and rubber squeegees shall be provided for cleanup.
2.2.2.4 Brushes utilized for removing loose asbestos containing material shall have nylon
or fiber bristles, not metal.
2.2.2.5 A sufficient supply of HEPA filtered vacuum systems shall be available during
cleanup.
2.2.3 Enclosure
2.2.3.1 (Specify tools to be used to install enclosure supports and enclosures.) Hand
tools equipped with HEPA filtered local exhaust ventilation shall be utilized during the
installation of enclosures and supports if there is any need to disturb asbestos containing
materials during this process. (As an alternative asbestos material may be partially
removed following proper removal procedures prior to the installation of supports and
enclosures).
2.3 Substitutions
2.3.1 Approval Required:
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2.3. 1.1 The Contract is based on the materials, equipment and methods described in the
Contract Documents.
2.3.1.2 The Building Owner will consider proposals for substitutions of materials,
equipment and methods only when such proposals are accompanied by full and complete
technical data and all other information required by the Owner to evaluate the proposed
substitution. _
2.3.1.3 Do not substitute materials, equipment or methods unless such substitution has
been specifically approved for this work by the Building Owner and project manager.
2.3.2 "Or equal":
2.3.2.1 Where the phrase " or equal" or "or equal as approved by the Owner" occurs in
the Contract Document, do not assume that materials, equipment or methods will be
approved by the Owner unless the item has been specifically approved for the work by the
Owner and project manager.
2.3.2.2 The decision of the Owner or his representative shall be final.
PART 3 EXECUTION
3.1 Preparation
3. 1.1 Work Area
3.1.1.1 Post caution signs meeting the specifications of OSHA 29 CFR 1910.1001 (g) (1)
(ii) at any location and approaches to a location where airborne concentrations of asbestos
may exceed ambient background levels. Signs shall be posted at a distance sufficiently far
enough away from the work area to permit an employee to read the sign and take the
necessary protective measures to avoid exposure. Additional signs may need to be posted
following construction of work place enclosure barriers.
3.1.1.2 Insure safe installation (including ground faulting) of temporary power sources
and equipment by compliance with all applicable electrical code requirements and OSHA
requirements for temporary electrical systems. All cost for electricity shall be paid for by
the Owner unless otherwise specified.
3.1.1.3 Shut down and lock out all heating, cooling and air conditioning system (HVAC)
components that are in, supply or pass through the work area. (Note: Interiors of existing
duct work may require decontamination. This may be done during the pre -cleaning phase
of operations before the duct work is sealed off or during the final cleaning phase prior to
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re-engagement of the system. Appropriate equipment and control measures shall be
utilized to prevent contamination of building spaces during this operation. Adequate
cleaning of ductwork may sometime be accomplished by drawing high volumes of air
through the system using the FIEPA filtered negative pressure ventilation units)
Investigate the work area and agree on pre -abatement condition with the Building Owner.
Seal all intake and exhaust vents in the work area with tape and 6 mil polyethylene. Also
seal any seams in system components that pass through the work area. Remove all HVAC
filters and place in labeled 6 -mil polyethylene bags for staging and eventual disposal as
asbestos contaminated waste.
3.1.1.4 The Contractor shall provide sanitary facilities for abatement personnel outside of
the enclosed work area and maintain them in a clean and sanitary condition throughout the
project.
3.1.1.5 The Owner will provide water for construction purposes. Contractor shall
connect to existing Owner system.
3.1.1.6 Pre -clean all movable objects within the work area using a NEPA filtered vacuum
and/or wet cleaning methods as appropriate. After cleaning, these objects shall be
removed from the work area and carefully stored in an uncontaminated location.
(Carpeting, drapes, clothing, upholstered furniture and other fabric items may be disposed
of as asbestos contaminated waste or cleaned as asbestos contaminated items utilizing
HCPA vacuum techniques and off- premises steam cleaning. Since adequate cleaning of
severely contaminated fabric is difficult, the Building Owner or project manager must
carefully consider whether this option is an appropriate one.
3.1.1.7 Pre -clean all fixed objects in the work area using NEPA 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 NEPA 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 NEPA filters. Do not
disturb asbestos containing materials during the pre -cleaning phase.
3.1.1.9 Seal off all windows, doorways, elevator opening, corridor entrances, drains,
ducts, grills, grates, diffusers skylights and any other openings between the work area and
uncontaminated areas outside of the work area (including the outside of the building,
tunnels and crawl spaces) with 4 -mil polyethylene sheeting and tape (see Section 3.1.4 -
Isolation work area from occupied areas).
3.1.1.10 Cover floors in the work area with polyethylene ( When Applicable )
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3.1.1.10.1 Floor shall be covered with two layers of 6 -mil (minimum) sheeting.
Additional layers of sheeting may be utilized as drop cloths to aid in cleanup of bulk
materials.
3.1.1.10.2 Plastic shall be sized to minimize seams. If the floor area necessitates seams,
those on successive layers of sheeting shall be staggered to reduce the potential for water
to penetrate to the flooring material. A distance of at least 6 feet between seams is
sufficient. DO NOT locate any seams at wall/floor joints.
3.1.1.10.3 Floor sheeting shall extend at least 12" up the side walls of the work area.
3.1.1.10.4 Sheeting shall be installed in a fashion so as to prevent slippage between
successive layers of material. (Vinyl sheeting may be used for improved traction on
floors).
3.1.1.11 Walls shall be covered with two layers of 4 mil polyethylene sheeting.
3.1.1.11.1 Plastic shall be sized to minimize seams. Seams shall be staggered and
separated by a distance of at least 6 feet.
3.1.1.11.2 Wall sheeting shall overlap floor sheeting by at least 12 inches beyond the
wall/floor joint to provide a better seal against water damage and for negative pressure.
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 Lowerutilities 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.
3.1.2.2 Plans for construction, including materials and layout, shall be submitted as shop
drawings and approved, in writing by the Building Owner prior to work initiation.
25
I
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.
3.1.2.4 Entry to and exit from all airlocks and decontamination enclosure system
chambers shall be through curtained doorways consisting of two sheets of overlapping
polyethylene sheeting. One sheet shall be secured at the top and left side, the other sheet
at the top and right side. Both sheets shall have weights attached to the bottom to insure
that they hang straight and maintain a seal over the doorway when not in use. Doorway
design, providing equivalent protection and acceptable to the Building Owner may be
utilized.
3.1.2.5 Access between any two rooms in the decontamination enclosure system shall be
through an airlock with at least 3 feet separating each curtained doorway. Pathways into
(from clean to contaminated) and out from (contaminated to clean) the work area shall be
clearly designated.
3.1.2.6 Clean -room shall be sized to adequately accommodate the work crew. Benches
shall be provided as well as hooks for hanging up street clothes. (Lockers may be
provided for valuables, however, workers may be requested to secure valuables in their
cars) Shelves for storing respirators shall also be provided in this area. Clean disposable
clothing, replacement filters for respirators, towels and other necessary items shall be
provided in adequate supply at the clean room. A location for posting shall also be
provided in this area. Whenever possible, a lockable door shall be used to permit access
into the clean room from outside the work area. Lighting, heat and electricity shall be
provided as necessary for comfort. This space shall not be used for storage of tools,
equipment or materials, (except as specifically designated) or as office spare.
3.1.2.7 Shower room shall contain one or more showers as necessary to adequately
accommodate workers.Each shower head shall be supplied with hot and cold water
adjustable at the tap. The shower enclosure shall be constructed to ensure against leakage
of any kind. An adequate supply of soap, shampoo and towels shall be supplied by the
Contractor and available at all times. Shower water shall be drained, collected and filtered
through a system with at least 5 micron particle size collection capability. (Note: A system
containing a series of several filters with progressively smaller pore sizes is recommended
to avoid rapid clogging of filtration system by large particles.
3.1.2.8 The equipment room shall be used for storage of equipment and tools at the end
of a shift after they have been decontaminated using a HEPA filtered vacuum and/or wet
cleaning techniques as appropriate. Replacement filters (in sealed containers until used)
for HEPA vacuums and negative pressure ventilation equipment, extra tools, containers of
surfactant and other materials and equipment that may be required during the abatement
26
may also be stored here as needed. A drum lined with a labeled 6 mil .polyethylene bag for.
collection of disposable clothing shall be located in this room. Contaminated footwear
(e.g. rubber boots, other reuseable footwear) shall be stored in this area for reuse the
following workday.
3.1..3 Waste container pass -out airlock (usually required only on large jobs) and
emergency exits.
3.1.3.1 The waste container pass -out airlock shall be constructed at some location away
from the worker decontamination enclosure system. Wherever possible, this shall be
located where there is direct access from the work area to the outside of the building.
3.1.3.2 This airlock system shall consist of an airlock, a container staging area and
another airlock with access to outside the work area.
3.1.3.3 The waste container pass -out airlock shall be constructed in similar fashion to the
worker decontamination enclosure system using materials and airlock and curtain doorway
design.
3.1.3.4 This airlock system SHALL NOT be used to enter or exit the work site.
3.1.3.5 Emergency exits shall be established and clearly marked with duct tape arrows or
other effective designations to permit easy location from anywhere within the work area.
They shall be secured to prevent access from uncontaminated areas and still permit
emergency exiting. These exits shall be properly sealed with polyethylene sheeting which
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.
27
r
i
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 All polyethylene barriers inside the work place, in the worker decontamination
enclosure system, in the waste container pass -out airlock and at partitions constructed to
isolate the work area from occupied area shall be inspected at least twice daily, prior to
the start of each day's abatement activities and following the completion of the day's
abatement activities. Document inspections and observations in the daily project log.
3.1.5.3 Damage and defects in the enclosure system are to be repaired immediately upon
discovery.
3.1.5.4 Use smoke tubes to test the effectiveness of the barrier system when directed by
Building Owner.
3.1.5.5 At any time during the abatement activities after barriers have been erected, if
visible material is observed outside of the work area or if damage occurs to barriers, work
shall immediately stop, repairs be made to barriers, and debris/residue cleaned up using
appropriate 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.
Flo 3.1.5.7 Install and initiate operation of air filtration equipment as needed to provide one
l
air change in the work area ever 15 minutes. (See Section 2.2.1.1) Enough exhaust air
must be vented thru a HEPA filter to maintain a lower air pressure within the enclosure
�. system than the outside air pressure. Openings made in the enclosure system to
d accommodate these units shall be made air tight with tape and/or caulking as needed. If
more than one unit is vented to the outside, they should be turned on 1 at a time, checking
the integrity of wall barriers for secure attachments and need for additional
reinforcements. Insure that adequate power supply is available to satisfy the requirements
of the air filtration equipment. Air filtration equipment shall be exhausted to the outside of
the building wherever feasible. They shall not be exhausted into occupied areas of the
building. Twelve inch expansion duct shall be used to reach from the work area to the
28
outside when required. Careful installation, air monitoring and daily inspections shall be
done to insure that the duct does not release fibers into uncontaminated building areas
3.1.6 Establishing Emergency Exits
3.1.6.1 Clearly identify and maintain emergency and fire exits from the work area.
3.1.7 Removing and Cleaning Fixtures
3.1.7.1 Remove, clean and enclose in polyethylene the ceiling mounted objects such as —
lights and other items that may interfere with the abatement process and were not
previously cleaned and sealed off. Utilize localized spraying of amended water and/or ^
NEPA vacuum to reduce fiber dispersal during the removal of these fixtures.
3.1.8 Removal of building stnictural components, not used.
3.1.8.1 All building structural components that can be removed are to be cleaned and
moved to a secure storage area prior to abatement. After abatement is complete all
components are to be replaced in original location and condition.
3.1.9 Commencement of work shall not occur until:
3:1.9.1 No abatement work is to start until the Owners Project Manager has given his
approval and all of section 3.1.10 has been completed.
3.1.10 Enclosure systems approval
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 1.5).
3.1.10.3 All equipment for abatement, clean-up and disposal are on hand.
3.1.10.4 All worker training (and certification) is completed.
3.1.10.5 Contractor receives written permission from Building Owner or his
Representative to commence abatement.
3.1.11 Alternative Procedures
3.1.11.1 Procedures described in this specification are to be utilized at all time.
29
3.1.11.2 If specified procedures cannot be utilized, a request must be made in writing to
the Building Owner providing details of the problem encountered and recommended
alternatives.
3.1.11.3 Alternative procedures shall provide equivalent or greater protection than
procedures that they replace.
3.1.11.4 Any alternative procedure must be approved in writing by the Building Owner
prior to implementation.
30
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