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HomeMy WebLinkAboutResolution - 6139 - Contract - Environmental Reconditioning Inc.- JR Massengale Plant ACM Abatement - 12/16/1998Resolution No. 6139 Item No. 30 December 16, 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 to ACM Abatement at J. R. Massengale Plant, by and between the City of Lubbock and Environmental Reconditioning, Inc. of El Paso, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th day of December , 1 WINDY SITTON, MAYOR ATTEST: Lg Kayth'e Darnell, City Secretary APPROVED AS TO CONTENT: k4�Q�� Victor Kil , Purchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney gs:ccdocs/Environmental Reconditioning. res December 9, 1998 CITY OF LUBBOCK SPECIFICATIONS FOR ACM ABATEMENT AT J.R. MASSENGALE PLANT BID #98266 ift CITY OF LUBBOCK Lubbock, Texas r t I P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB #98266, Addendum 91 Office of Purchasing ADDENDUM #1 ITB #98266 ACM ABATEMENT @ J.R. MASSENGALE PLANT MAILED TO VENDOR: December 3, 1998 CLOSE DATE: December 8, 1998 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The condition of the pipe for repair work is questionable. To assure OSHA compliance, worker safety, the following conditions will be required: 1. Personal protective equipment required for repair and re jacketing of pipe. 1.1 Workers will be required to wear suits and Y2 mask APR during all repair work. 1.2 Workers doing repair work will be licensed asbestos workers. 2. Exposure monitoring of workers. 1.1 Monitoring will be preformed on 25% of work force performing repair and re jacketing work, if done following abatement. 2.2 Workers may do glovebag removal and repair work simultaneously. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.cl.lubbock.tx.us THffiK-Y9u, le on Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID r° ITB 98266ad1.doe i' CITY OF LUBBOCK INVITATION TO BID FOR TITLE: ACM ABATEMENT AT J.R. MASSENGALE PLANT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98266 PROJECT NUMBER: 9536.9211.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT PWA i P 1 } 1 , ,.. 2. 3. 4. j 5. l 6. 7. ,W 8• t 9. 10. a r k' 7 r"", 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 No Text NOTICE TO BIDDERS BID #98266 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 162513th Street, Room L-04, Lubbock, Texas, 79401, until 2 o'clock p.m. on the 8th day of December, 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 J.R. MASSENGALE PLANT" 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 14th day of January. 1999, at the Municipal Building, 162513th 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 ¢ 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 bondfroma 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 1st day of December. at 11 o'clock a.m., in the Purchasing Conference Room -1_04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUB O K VICTOR KILMA 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. No Text GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the ACM ABATEMENT AT J.R. MASSENGALE PLANT. 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. 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 45 (FORTY-FIVE) 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 w All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. P" r I 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. 2 r 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 r Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 1' 14. BARRICADES AND SAFETY MEASURES f: The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 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 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 3 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. 4 i F 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 r 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 shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). 5 00 (h) Specifications. (i) Insurance Certificates. Q) 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. 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. 6 No Text T 7 7 BID SUBMITTAL E LUMP SUM BID CONTRACT PLACE: Lubbock Texas J DATE: December a, 1998 PROJECT NUMBER: #98266 - ACM ABATEMENT AT J.R. MASSENGALE PLANT Bid of Southwest Abatement, Inc dba Environmental Reconditawn na#9r cbthad,Bidder) r To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) I•" r� r� Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a ACM Abatement at JR Massengale Plant having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: ACM Abatement at J.R. Massengale Plant MATERIALS: twenty two thousand seven huridreA f ftepn ($ 2,9, :115-00 ) SERVICES: thirty seveth»Hgafldndred fourty three ($ 37,143-00 ) TOTAL BID: fifty nineheiaRpdhundred fifty eight _($ 59' A5A nn ) ALTERNATE #1: Abatement of Generator and Turbine Units #6 and #7. MATERIALS: thirty thousand four hundred ($ -;n 4nn _ nn ) SERVICES: fourty eight thousand seven hundred twenty ($ 48.720-00 ) TOTAL ALTERNATE#1: seventy nine thn„gand nnP h„ndred tAnty 7.,a 11 9n nn ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 45 (FORTY-FIVE) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. 7j r') The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) ora Bid Bond in the sum of hundred fifty ousan Dollars ($1qn,000 domhich 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, Insurance certificates, 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 executeAbi er shall bebo nd include all contract documents made available to him for his inspection in accordance withe to Bidders. ,�J � ATTEST: ec ary Bidder acknowledges receipt of the following addenda: Addenda No. _ Date O Addenda No. Date Addenda No. Date Addenda No. Date .2 or Typed Environmen alltRecond1 iofiina�'Inca Company _ 8630 Boeing suite 12 Address E1 Paso, 91ARK9X]XVVX5X E1 Paso City, County Texas 79925 State Zip Code Telephone9l_- 778-3813 Fax: 915 - 77A-'AR77 V P i LIST OF SUBCONTRACTORS _a Minority Owned Yes No MOE(:, 0 0 ` 3. ❑ ❑ l 4. 0 ❑ *' 5. ❑ 0 Fj 6. ❑ ❑ 7 7. ❑ ❑ e. 0 0 !' g. 0 0 10. 0 ❑ row �a 3 v CITY OF LUBBOCK t� INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valiq; insurance certificate to the City meeting all of the requirements defined in this bid/proposal. V,' \ rAW&C., \16t T (Si ture) Contractor (Print) va CONTRACTOR'S NAME: Southwest Abatement, Inc dba Enmironmental Reconditioning, (Print or Type ) CONTRACTOR'S ADDRESS: 8630 Boeing�iyt-P 17 E1 Paso, Texas 79925 Name of Agent/Broker: n a Address of Agent/Broker: 2L22. &,,,A� 'Job s c.3r FJ- City/State/zip: Me sn , A6-2-d`r—L Agent/Broker Telephone Number: (mal) -7 FJDate: 11 r� NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #98266 - ACM ABATEMENT AT J.R. MASSENGALE PLANT 4 cCi � U [� M co P� C ^ U Z � � � Q� cis U TJ A cz con .5C 72 may C u = cn CIS 3 o p _ Q c o U 4-1 F F � U - x w �4 LijMM c a LZ O � 4 a E ; U w x � U J Q) v G V O A t Q N N cCi � U M P� C � Q� cis U TJ A cz .5C 72 may C u = cn CIS 3 o p _ Q c o U 4-1 F > U C U - x w �4 c a a� F 3 cv o � yo U 4-1 w �4 4 a E ea w x � o Q) v G V O H t Q N N a O W .0 W cc E-• tp m m c C W �v > ai 41o w � .14 .,.r 41 $4 X U f4 U) Q) i 1J H M M Z cis u G m`Z G cE c Z o. c o p h ` u eo c � is u` c w a $FUC� �y ..ma..yy 3U m m c C W �v > ai 41o w � .14 .,.r 41 $4 X U f4 U) Q) i 1J H M cis (D 00 Z � c o m ` �y ..ma..yy m m c C W �v > ai 41o w � .14 .,.r 41 $4 X U f4 U) Q) i 1J H M 'CERTIFICATE OF INSURANCE PRODUCER United Commercial Insurance Agency, Inc. 2222 South Dobson Road, Suite 700 ., Mesa, Arizona 85202 phone: (602) 777-8911 C ,JSURED Southwest Abatement, Inc. / FEnvironmental Reconditioning, Inc. 4200 South Broadway Albuquerque, Nm 87105 DATE: 7/27/98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A: Ca+ EK E & IlVDUSTF2Y DCUPANM COMPANY COMPANY B: COMPANY C: COMPANY D: OVERAGES 1IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMES ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS rJBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i POLICY POLICY TYPE OF INSURANCE POLICY NUMBER a OAT TIIVE DATE LIMITS On $) r-ENERAL LIABILITY AAI 778-2103 1 7/21/98 1 7/21/99 GENERALAGGREGATE 1,000,000 WPMIY A X OMMERCIAL GENERAL LIABILITY r. LAIMS MADE0X OCCUR OWNER'S & CONT PROT FX ASBESTOS LIABLITY TOMOBILE LIABILITY NPS XANY AUTO A ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS I I EXCESS LIABILITY .)W' UMBRELLA FORM THER THAN UMBRELLA FORM IORKERS COMPENSATION ND EMPLOYERS' LIABILITY SPA, THE PROPRIETOR/ PARTNERS/EXECUTIVE [Iniac r OFFICERS ARE: xdu 'OTHER COVERAGES CA5053397 17/21/981 7/21/99 PRODUCTS-COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EACH AGGREGATE fATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE 1,000,000 1,000,000 1,000,000 50,000 5,000 1,000,000 `L►ESCRIPTION OF OPERATIONSIL.00ATIONSIVEHICLESISPECIAL ITEMS PROJECT: PROJECT NUMBER: 500 ''CONTRACT AMOUNT: START: COMPLETE: 71 t 6. PROOF OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRES€ Lj `. ��X '�, .. .... ....._ ...._..�1.. 1 LEI;. )f..Sc�FsGG r i 7 1 Sent by: E R I 915 778 3827 • -- -' ���•' yJVJ Oi0 VIJG 09/24/98 13:27 Job 912 Page 1/1 TALUM AGENO 401J111 !Blot WATT VMAX04WI «.. ..+w•rr�ecrr.: .. _:w-aur+.,�:wvai.�xrnw:.: w' �•: �� .04/13/1998 P'LODs` R Tmis CER'TiFICATE is ISSUED AS A MAYIEA OF INFUR1NAnpN ' Talbot Agency, 'Inc- Alb ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTFICATE DOES NOT AMEND, EXTEND OR P 0 Box 90756 67199 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 7'770 Jefferson NS, Suite 200 .__ _ _ COM_P_A_NIESAFFORQjn COVERAGE______ Albuquerque, NM 87109 i Cp>hv�lr lteilance Ins CO.--- _ _ j tonnvANr . f Exvirommtal Reconditzening I` 8610 Boeing, Ste 12,.-- IAWsnrArw 1 C E1 Paso TE 79925 C.[VM►ANY O I Nx.x?e�:.��':`».."'_"::e STIRS IS TO CCFTn r -f THAT T14C POLICICS or INSURATcE Us= BELOW HAVE MEN ISSUED TO 7jj W,URCD NAMED AIIOVQ FT I'IICO �I INDICATED, NOTWET}ISTANDING AIVY RKUMEMENT. TERM OR CONDITION OF ANY CONTRACT DA OTHER DOCUORE POLICY E/ MENT WnTH H OR THE Tu WMK 1 I H*, CERTIRCATE MAY BE ISSUED OR MAY PERTAIN. THE INSUIRANCE AFFORDED BY TME POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE '[AM$. EXCLUSIONS AND CONDITIONS OF SUCF1 PCLICIM. LIMITS SHOWN MAY HAVE MEN REDUCED BY PAID CLAIMS. ; TYPE OF RMIRANCIF Foucr NwhtlER POLICY ERECTVE POLICY WRATION j LTR;. GATT 1MmMof Y) DATE IMPAMIM rl LVAMS 4LYEAAi. lL4AlLaY GENERAL A06RESATE _ • ._ ---.� COMMIICIAL 3e49RAL LIAtl1UrT rTiODUCI',S-f.01APIM 1t1C',«s _.._.. ._._. _-- �� CWNLS MACt ` OCCUK t PERSONAL i AJrY IraORY • 11 OWNEA'S d CONTRAC'TOR'S PRCT ►AGM OCCLiiRLMtC _.� ..._. i- .. .__�.. _. .__—._.. ..._..— ._. IWLU wF uww 0ne00 1 ! . AUTorIOSILE WSltrtr ANY Aura wrJOINCD mmatr. umir ; T ALLOWNED.16:O3 _.. CCefFbIAER Alf►71 r: Mw w IPllt tluyiC+tl NO44•OWYE13 AVTCJ I - 1 GARa4ELUL811ltr i j &VTC ONLY M , LC, !Yr AUTO -- . OT!•LR T1 W1 Al7T7 CMLY: ' � FJ1CN ACCIDENT f 1 _-- � { �: r.Aen►Tr a 11 Did Fuzpaaes Only 0-3/3-2/1998 1 3 31/ls99 +Yc.TATu / � X TDn�:1u7�s.t EL EACH ACCIO04T 1 1 rl OICFAX CA 74 I "CMD ANY OF THE "OUT OC.Si.•1oPAD MICV-S K CANCUL115 faF.P11RE THF CWNIATMN RATS itfam P. Ta! mmume EbfIFA v WILL 6NDEAYOR TO MA{I yyDAYS V MTTT�F NOTES TOD TUSeaCKRTiCATS HMDEN RMED TO VHL LEr'r 1TVT F%X uA FTCO HAAT f011if.iONOT1Cf- swaAILt MiMSF Nn AStrATNtY ON 116Ciifrr OF ANY KIND OPO% THE COMFANT. ITS AGENTS OR 1ZFA Vf?AIr✓ S. • EYGESS l m= rTY VVIRCLLA P-.lg3A OTME1 T-V.Ii :>:AEP.:1L4 !C:tAS A WORKERS COMPENSATION AND l n 2?66 3 2 �TPLorI>Rs• L IAlsartY TM4 OROCIItf.TAA! I N.C► : �AArr�nsreuc�nve OYTICE9i ARC. I BCCI - OTNEm I Did Fuzpaaes Only 0-3/3-2/1998 1 3 31/ls99 +Yc.TATu / � X TDn�:1u7�s.t EL EACH ACCIO04T 1 1 rl OICFAX CA 74 I "CMD ANY OF THE "OUT OC.Si.•1oPAD MICV-S K CANCUL115 faF.P11RE THF CWNIATMN RATS itfam P. Ta! mmume EbfIFA v WILL 6NDEAYOR TO MA{I yyDAYS V MTTT�F NOTES TOD TUSeaCKRTiCATS HMDEN RMED TO VHL LEr'r 1TVT F%X uA FTCO HAAT f011if.iONOT1Cf- swaAILt MiMSF Nn AStrATNtY ON 116Ciifrr OF ANY KIND OPO% THE COMFANT. ITS AGENTS OR 1ZFA Vf?AIr✓ S. BOND NUNMER : CBB15515 RIDER TO BOND INVOLVING TOXIC MATERIAL This bond is being issued subject to the following express conditions which shall survive the release and discharge Surety from any further liability of its performance and payment obligations required under its bond: FIRST: The bond issued by surety shall not be considered to be a substitute for or in any other way satisfy the requirement for any type of insurance that may be contained in the contract documents between the Principal, Obligee and/or Owner. 3 ' SECOND: No suit shalt oe commenced against the Principal or Surety for any default in performance or for labor p Irformed or material supplied, after two years from the date of the contract between the Principa! and Obligee, or one year after substantial completion, :whichever occurs last. THIRD: No right of action against Surety shall inure to the benefit of any person, firm or corppration other than the Obligee, or for the use or benefit of the Obligee. FOURTH: Notwithstanding any provision contained to the contrary in the contract documents between the Principal, Obligee and/or Owner, Surety shall not be held liable or in any other .:respect be reEponsible to the Obligee or to any other person, firm or corporation. for any act(s) of negligence, by the Principal, its agents, servants or employees, or by any contractor emplo ped. by Surety to complete the contract in the event ofs ,thc .Pnocipal's default, while perfo. ri ing the contract, which results in personal injuries or property damage. e H. I Shaw, ATTOWWY %X -FACT ^y 7 160 W'SU* � e ;1 SEAL Page I of 3 NATIONAL AMERICAN INSURANGECOMPANY r OMAHA, NEBRASKA* POWER OF ATTORNEY ORIGINALS OF THIS POWER �F AT'T'ORNEY ARE PRINTED ON BLUE FSAFETY PAPER. DUPLICATES: SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized, under the laws. of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma; pursuant to the $Vowing resolution, adopted 7 b the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-fact, such persons, firms, or corporations as may be selected from time to time. FMO Resolved that nothing in this Power of Attorney shall I%bonstrped as a grant of authority to the attomey(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer and the Seal of the Company h may be affixed to any such Power ofAttomey or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company 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 and documents relating to such bonds to which it is attached." National American Insurance Company does hereby make, constitute and appoint �.. Jerry H. J. Shaw 4. Bond Number CBB 15.5 1-5 PRINCIPAL: NAME, 6DDRESS ; CITY, STATE, ZIP Southwest Abatement, Inc. 4200 Broadway SE, Albuquerque, NM 87105 EFFECTIVE DATE 12/07/98 CONTRACTAMOUNT $ BOND AMOUNT $VIVL PlLfkti—EN'tA its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, places 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 one million ($1,000,000.00) dollars, And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed, . G,N rrrst,,P e�t�v`oKtc+i+f'�yO NATIONAL AMERICAN INSURANCE COMPANY # o Z SEAL tr a ray W. Brent LaGere, Chairman & Chief Executive Officer or�N• STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides In the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance 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 instrument 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. I y�NpA W<<! O ,1, A ` 0 PUBLIC w rw rw ,TAN a t� rA"G ♦1 �CoIM COQ+ Notary Public STATE OF OKLAHOMA ) My Commission Expires August 30,1999 COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached �.r POWER OFATTORNEY remains In full force. 1 Signed and Sealed at the City of Chandler. !`�'N INS(,* Dated the 7th day o(December 19 98 v ooKroA4? yr'o, i SEAL �� A r Page .3 of 3 ra � 1 V Winifred E. Mendenhall. Assistant Secretary orKM K �'tt11�fKK ! I A rob. 4 1 L 6 iP YMENT BOND 'r y BOND CHECK BEST RATIN LICE S D! TEXAS DAT �y BOND NUMBER: CBB15566 RIDER TO BOND INVOLVING TOXIC MATERIAL This bond is being issued subject to the following express conditions which shall survive the release and discharge Surety from any further liability of its performance and payment obligations required under its bond: FIRST: The bond issued by Surety shall not be considered to be a substitute for or in any other way satisfy the requirement for any type of insurance that may be contained in the contract documents between the Principal, Obligee and/or Owner. SECOND: No suit shall be commenced against the Principal or Surety for any default in performance or for labor performed or material supplied, after two years from the date of the contract between the Principal and Obligee, or one year after substantial completion, whichever occurs last. THIRD: No right of action against Surety shall inure to the benefit of any person, firm or corporation other than the Obligee, or for the use or benefit of the Obligee. FOURTH: Notwithstanding any provision contained to the contrary in the contract documents between the Principal, Obligee and/or Owner, Surety shall not be held liable or in any other respect be responsible to the Obligee or to any other person, firm or corporation for any act(s) of negligence by the Principal, its agents, servants or employees or by any contractor employed by Surety to complete the contract in the event of the Principal's default, while performing the contract, which results in personal injuries or property damage. H. J. Shaw, ATTORNEY-IN-FACT PAGE 1 OF 6 r""' L, STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond No. CBB15566 Southwest Abatement, Inc. DBA KNOW ALL MEN BY THESE PRESENTS, that Environmental Reconditioning, Inc. (hereinafter called the Principal(s), as Principal(s), and National American Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), In the smunt of Seventy -Nine Thousand One Hundred Twenty— Dollars (S 79,120.00 ) lawful money of the r United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, E 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 16th day of December , 19-28 to ACM Abatement at J. R. Massengale Plant. p 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 1S 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. 28th IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of December 19_0 Southwest Abatement, Inc. DBA National American Insurance Company Environmental Reconditioning, Inc. Surety (Title erry H. J. Shaw By. (Titl) Attorney -In -Fact `LAKINSV� B': Iry c SEAL 41 r: Principal =: I PAGE 2 OF 6 6 u ave (Title) Bond No. C8815566 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates _ Howard an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. National American Insurance Company Surely *By-.." 00JAmon (Title) Howard Cowan Approved as to Form City of Lubbock By: ety Attorney Note: if signed by ars 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 mGst have copy of power of attorney for our flies. PAGE 3 OF 6 2 No Text r i STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE Bond No. CBB15566 (CONTRACTS MORE THAN $100,000) Southwest Abatement, Inc. DBA Environmental Reconditioning, E' KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and National American Insurance (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Seventy -Nine Thousand One Hundred Twenty-- Dollars ($ 73,120.00 ) 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. WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the 16thday of December , 199$ to ACM Abatement at J. R. Massengale Plant. and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF. the said Principal (s) and Surety.(s) have signed and seated this instrument this 28th day of ecem er a98 Southwest Abatement, Inc. DBA National American Insurance Company Environmental Reconditioning , Inc. Surety Princip I By: I �f By: (rtte)� Jerry H. J. Shaw (Tiu) (% , Attorney -In -Fact By: Y (Title) e 0 PAGE 4 OF 6 "s a, 14 X SEAL kraeas+} - By: (Title) Bond No. CBB15566 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Howard Cowan 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. �.- National American Insurance Company Surety (TWe} Howard Cowan Approved as to Form City of Lubbock City Attorney • Note: If signed by an officer of the Surety Company, there must be on rile 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. r' PAGE 5 OF 6 MM 2 'NATIONAL AMERICAN INSURANCE COMPANY OMAHA, NEBRASKA POWER OF ATTOKN7Ey ORIGINALS OF THIS POWER OF ATTORNEY ARE PRI NTED ON BLVE SAFETY PAPER. DUPLICATES SHALL HAVE THE SAM E FORCE AND FEFFECTASAN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION IVTTH THE ORIGINAL. IC;OW ALL MEN BY THESE PRESENTS: That the National American Insurance Company. a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: :Resolved, that any officer of the Company shall have authority to make, execute and eliver a Power of Attorney constituting as Attorney-in-fact. such persons, firms, or FJorpor-mons as may be selected from time to time. Resolved that nothing in this Power ofAttomev shall be construed as a grant of authority rc the:mey(s)-in-fact to sign, execute, acknowledge, deliver orotherwise issue a policy ' �10 licies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer Aad the Seal of the Company may be aifixed to any such Power of,attomey or any certificate retaung thereto by facsimile. d any such Power of Attorney or cerurcare bearing such facsimile signature or facsimile eal shall be valid and binding upon the Company and any sues powers $o executed and erufied by facsimile signature and facsimile seal shall be valid and binding upon the Cumpsnv in the Route with respect to any bond and documents relating to such bonds to which it s attached." National American Insurance Company does hereby make, constitute and appoint i a Jerry H. J. Shaw Bond 1556 PRINCIPAL NAME, ADDRESS CITY. STATE, ZIP Southwest Abatement, Inc. DBA Environ, Recondtioning, Inc. 8630 Boeing, Space 12, El Paso, TY 79925 EFFECTIVE DATE 12/23/98 CONTRACT AMOUNT S 79,120.00 r BONO AMOUNT S 79,120.00 true and lawful artomevfsl-in-fact with full power and authority herebv confered in its name, places and stead, to sign, execute. acknowledze and deliver in its behalf. and its act and dc: lows: The obligation of the Company shall not exceed one million (51.000.000.00) do,,=. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized ort?:: of the \axonal American Insurance Company, and all the acts of said Attomev(s) pursuant to the authority herein given, are hereby ratified and cenitrtned IN SCITVFSS WHEREOF, the Yational.�merican Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be herein r iced. `CAM INSy' ^ wee `o,uo.., �i NATIONALA.NMMCAN INSLILIL CE COJIP.1NY . 0 SEAL *NSA" W. Brent LaGere, Chairman .& Chief Executive Officer kTE OFOKLAHOINIA ) rf1�•!•' e UCNTY OF LLYCOLN ) SS: On this 8th day of July, A.D,1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn. did depose and say; that he resides in the County of 101coln, State of Oklahoma; that he Is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the a ve instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors o_ -aid corporation and that he signed his name, thereto by like order. !� y�MoA krtr AUQtlC � r edlM BOJ+ AL Ur UnLArlu or,i Public :vU 1TY OF LINCOLN ) SS: - y Wlv %:Ummission Expires August 3U, lyYy I, the undersigned, Assistant Secretary of the National American Insurrnce Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached 'PiVER OFATTORNEY remains in full forces Signed and Sealed at the City of Chandler. ` N tt+sQ" - ~ a°Dated the 28th say of December 141 n4 .. <(4Z AT PAGE 6 OF 6 ';•��,+' � � � ' � � —r=�% '" Winifred E- Mendenhall. Assistant Secretary I m i t i i I' ! i 6 I 1 I I is i i r I K 1 i III NN I i ! i 1R 4T FI 1 OF INSURANCE E I i i I. 1 I i i la 1 i 1 a I 'II i� 11 1 I� i 1 IL Fr"�0ITIFICATEof INSURANCE PRODUCER United Commercial Insurance Agency, Inc. 2222 South Dobson Road, Suite 700 Mesa, Arizona 85202 phone: (602) 777-8911 Southwest Abatement, Inc./ Environmental Reconditioning, Inc. 4200 South Broadway l Albuquerque, Nm 87105 DATE: 12/28/98 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANIES AFFORDING COVERAGE COMPANY B: COMPANY C: COMPANY D: OVERAGES HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMES ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS UBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY EMICTM EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS (In;) JGENERAL LIABILITY AAI 778-2103 7/21/98 7/21/99 GENERAL AGGREGATE 3,000,05-0 *M'ANY PRODUCTS-COMPIOP AGG 3,000,000 A X OMMERCIAL GENERAL LIABILITY PERSONAL bADV INJURY 3,000,000 LAIMS MADE E] OCCUR OWNEWS S CONT PROT EACH OCCURRENCE 3,000,000 X ASBESTOS UABLITY FIRE DAMAGE (Arty one fire) 50,000 MED EXP (Any one person) 5,000 AUTOMOBILEUABIUTY CI•L5053397 7/21/98 7/21/99 COMBINED SINGLE LMR 3,000,000 r X ANY AUTO A OWNED AUTOS BODILY INJURY (Perms) SCHEDULED AUTOS X HIREDAUTOS BODILY INJURY X ON -OWNED WNED AUTOS accident) 6 PROPERTY DAMAGE _XCESS LIABILITY EACH OCCURRENCE *MPANYnUMBRELLA FORM AGGREGATE r-JOTHER THAN UMBRELLA FORM COMPENSATION STATUTORY LIMITS -WORKERS %ND EMPLOYERS' UABIUTY EACH ACCIDENT -*WAW PROPRIETOR! DISEASE DISEASE - POLICY LIMIT PARTNERSIEXECUTIVE nncluded DISEASE - EACH EMPLOYEE OFFICERS ARE: xduded )THER COVERAGES t ]t?K.ltit' ! JUN Ur Ut-CNA 1 JUNWLUL:A i 1UNWVt:H1L tSISYtGiAL I I I:MS PROJECT:ACM Abatement @ JR Massengale Plant PROJECT NUMBER: 612.1 CONTRACT AMOUNT: $ 7 9, 12 0. START: 1/4/99 COMPLETE:1 / 2 0 / 9 9 City of Lubbock is included as Additional Insured. Included is a Waiver of Subrogation for the City of Lubbock for s General Liability and Auto Liability. City of Lubbock PO BOX 2000 Lubbock TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MALI.. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIL.ITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESEnnWES. � Ods42428414 .................................... .................................... .................. .. A CORD CE .......................... ...... DATE IMM `3* K-' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PRODUCER Talbot Agency, Inc- Alb P 0 Box 90756 87199 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 7770 Jefferson NE, Suite 200 Albuquerque, NM 87109 COMPANY New Mexico Mutual A INSURED COMPANY Southwest Abatement, Inc. B 4200 Broadway SE COMPANYC Albuquerque NM 87105 COMPANY D ........................ :.", ---- ------ ---------- ................ .. ... . ....... . . ..... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, r"I CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMMERCIAL GENERAL LIABILITY —1 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ EACH OCCURRENCE OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) MED EXP (Any one person) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY -AUTO ONLY - EA ACCIDENT II ........... ........ ...... . ................ OTHER THAN AUTO ONLY: ................................ ...... ­­­ .... I—- ...... I ........... . . . ........ .......................... ANY AUTO EACH ACCIDENT $ AGGREGATE EXCESS LIABILITY EACH OCCURRENCE AGGREGATE 4 UMBRELLA FORM OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND 16276102 03/31/1998 03/31/1999 _ .. . .. ...... .. ............ ...... .......... I. I. .... .... ­ ............ X 1TWoCgySTjTmTjU;70ETRF4T ........... ........... EMPLOYERS' LIABILITY • EL EACH ACCIDENT !__100, OOO THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE - POLICY LIMIT 6 500,000 EL DISEASE - EA EMPLOYEE $ 100,000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVBilCLES/SPECIAL ITEMS Re: ACM Abatement 0 Massengale Plant Waiver of Subrogation is provided for the certificate holder City of Lubbock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Attn: Donna EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 7 PO Box 2000 10 DAYS WRITTEN NOTICE TOpayment THE CERTIFICATE HOLDER NAMED TO THE LEFT, notice for non-;,;0TVL8URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Lubbock, TX 79457 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR UPRESENTATIVES. AUTHORIZED REPRESENTATIVE P" WAR* t1-19,jr .......... I .......... Ods42428414 r CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; ""(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; j" (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: i t 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." 4 "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal _ requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten)10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. r No Text e.. CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this61 h day of December. 1998 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Southwest Abatement Inc dba Environmental Reconditioning. Inc. of the City of EI Paso County of EI Paso and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98266 - ACM ABATEMENT AT J.R. MASSENGALE PLANT - $79,120.00 (Alternate #1) and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) Secretary APPROVED AS TO CONTENT: Owner's Representative APPROVED AS TO FORM: City Attorney r k �., ATTEST: ' Corporate Secretary ,. 1 By: MAYOR CONTRACTOR: OUTHWESTJABATEMENT, INC. DBA ENVIRONM TAL RECONDITIONING INC. B: y/ ZPRINTED NAME: ICtll toisT TITLE.IX-C,frim, f COMPLETE ADDRESS: Southwest Abatement, Inc. dba Environmental Reconditioning, Inc. 8630 Boeing, Suite 12 EI Paso, Texas 79925 r STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT THIS AGREEMENT, made and entered into this 16th day of December. 1998 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Environmental Reconditioning Inc. of the City of EI Paso. County of EI Paso and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98266 - ACM ABATEMENT AT J.R. MASSENGALE PLANT - $79,120.00 (Alternate #1) and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. A AS TO CONTENT: APPROVED AS TO FORM: _/ - City Attorney r MAr :•, . ..� i CONTRACTOR: NVIRONMENTAL,ReONDITIO ING INC. By: PRINTED NAME: TITLE: COMPLETE ADDRESS: Environmental Reconditioning, Inc. 8630 Boeing, Suite 12 EI Paso, Texas 79925 OWWO MEN. F 3 r ro. GENERAL CONDITIONS OF THE AGREEMENT �. i r 7 GENERAL CONDITIONS OF THE AGREEMENT 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 ENVIRONMENTAL RECONDITIONING. INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative JOEL BEESINGER. LP & L SITE REPRESENTATIVE, 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," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. r 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. 2 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 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 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 bome by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or C' Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. P 6 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. 4 r f V Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, P together with all expenses incurred directly on account of such extra work, including Social Security, Old Age I 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 5 them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100°/x, 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 for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method ,(C)(1). If Contractor does not notify Owner's Representative 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. 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, attomeys' 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, 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 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard t r Underground Damage Hazard @ 7 Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $2.000.000.00 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, $500.000.00 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 0.00% 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 $2.000.000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance r-. 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 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 8 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the "Services" provide services on the project. include, without limitation, providing, hauling, or, delivering equipment or materials, or providing labor, transportation, or other service related to a 1 project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. ,., 2. The Contractor shall provide coverage, based on proper reporting of classification codes and f 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. (b) no later than seven days after receipt by the Contractor, a new certificate of coverage i, 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. 1 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. P 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 y, affects the provision of coverage of any person providing services on the project. i, 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: M. (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; E (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current { certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: 9 (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. (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. 10 .. ' (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: 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; 12 r� (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. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN. AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specked or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 13 P 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 $§D9.90 (FIVE 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. — 14 r 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 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 cant' 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 The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, } area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ ,., somewhat 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. 15 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. 16 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 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 17 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. 18 r� ; t 9 d 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 1w 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. 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 paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The 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 r-• I r KesoluLion `t!. 5121 March 1=1, 1996 Item #19 C • • 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 i works contracts for the City of Lubbock in accordance with the provisions of Vernon -s Ann.Civ.St., Art. 5159a; and E WHEREAS, such wage rates were established by Resolution No. 719 enacted February i f 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8. 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: , ` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall 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: j Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate is Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. :I Passed by the Citv Council this 14th I� it ATTEST: i Betty M. J on, City Secretary APPROVED AS TO CONTENT: Mary AndrWws, Managing Director of Human Resources APPROVED AS TO FORM: i A afold Willard."Assistant City Attorney HW: da/ccdocs/pubworks. res February 14, 1996 7 7 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 10.00 11.00 5.50 8.00 11.00 11.00 6.00 11.00 6.00 7.50 10.00 13.00 6.00 8.50 7.50 8.50 8.00 9.00 5.50 8.00 5.50 5.50 9.50 10.50 6.00 8.00 5.50 8.75 5.50 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 l Ioudy Rate 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 EXHIBIT C 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. No Text SPECIFICATIONS ACM ABATEMENT LUBBOCK POWER AND LIGHT AT J. ROBERT MASSINGALE POWER PLANT LUBBOCK, TEXAS KING CONSULTANTS, INC Lubbock, Texas PREPARED BY: Clark DeLavan r TABLE OF CONTENTS Part 1 General Information 1.1 Definitions 1.2 Scope of Work 1.3 Description of Work 1.4 Applicable Standards and Guidelines 1.5 Submittals and Notioes 1.6 Site Security 1.7 Emergency Planning 1.8 Pre -start Meeting Part 2 Materials and Equipment 2.1 Materials 2.2 Equipment 2.3 Substitutions 4 Part 3 Execution 3.1 Preparation 3.1.1 Work Area Pre -cleaning i 3.1.2 Worker Decontamination Enclosure 3.1.3 Waste Container pass -out Airlock r^ 1 3.1.4 Barriers Between the Work Area and Occupied Areas 3.1.5 Maintenance of Enclosures 3.1.6 Establishing Emergency Exits 3.1.7 Removing and Cleaning Fixtures from Area 3.1.8 Removal of Building Structural Components 3.1.9 Commencement of Work 3.1.10 Enclosure System Approval 31.11 Alternative Procedures 3.2 Work place Entry and Exit Procedures i` 3.3 Training 3.4 Respiratory Protection 3.5 Protective Clothing 3.6 Removal Procedures 3.7 Clean-up 3.8 Encapsulation Procedures 3.9 Clearance Air Monitoring 3.10 Disposal Procedures 3.11 Transportation to the Landfill 3.12 Disposal at Landfill 3.13 Re-establishment of the Work Area and Systems 3.14 Repairs ( Part 4 Support Activities 4A Training 4.2 Medical Monitoring r r PART 5 EXHIBITS 5.1 EXHIBITk- Materials to abate and repairs required 5.2 EXHIBIT B: Encapsulation and repair materials r p 1 i k I 1 v r■+ e 2 Imo; f v PART 1 GENERAL INFORMATION 1.1 Definations 1.1.1 Abatement -Procedures to control finer 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. 1.3.1.2 AIHA - American Industrial Hygiene Association, 4676 Columbia Parkway (R-8) Cincinnati, Ohio 45226, 1.1.1.3 Airlock - A system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated by distance of at least 3 feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and dose off the opening before proceeding through the second doorway, thereby preventing flow-through contamination, 1.1.1.4 Air monitoring - The process of measuring the fiber content of a known volume of air collected during a specific period of time. The procedure normally utilized for asbestos follows the NIOSH Standard Analytical Method for Asbestos in Air, Method 7400. For clearance air monitoring, electron microscopy methods may be utilized for tower 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. 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 r^ has completed an EPA approved NIOSH 582 course and has specialized experience in air sampling for asbestos. Other acceptable Air Sampling Professionals include Environmental Engineers, Architects, Chemists, and Environmental Scientists or others with equivalent experience in asbestos air monitoring and asbestos abatement. This individual shall not be affiliated in any way other than through this contract with ( the Contractor performing the abatement work. 1.1.1.6 Amended Water - Water to which a surfactant has been added. 1.1.1.7 ANSI American National Standards Institute, 1430 Broadway, New York, N.Y. 10018. 1.1.1.8 Asbestos - the asbestiform varieties of serpentine (chrysotile) de bec kite (crocidolite), cummingtonite-grunerite (amosde), 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 Consultant to manage all asbestos work. 1.1.1.12 ASTM - American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. 1.1.1.13 Authorized Visitor - The Building Owner (and any designated representatives) and any representative of a regulatory or other agency having jurisdiction over the project 1.1.1.14 Building Owner - The Owner or his authorized representative. 1.1.1.15 Certified Industrial Hygienist - (CIH) An industrial hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. (See Section 1.3.1.2 for address). 1.1.1.16 Clean Room - An uncontaminated area or room which is a part of the worker decontamination enclosure system with provisions for storage of worker's street clothes and dean protective equipment 1.1.1.17 Contractor - The individual andlor business with which the Building Owner arranges to perform the asbestos abatement It Is recommended that wherever asbestos abatement is part of a larger project, the asbestos work be contracted separately and distinctly from other contract work. When this is not possible, the Contractor is responsible for the proper completion of project activities in accordance with this contract specifications even where a subcontractor has been retained to perform the actual abatement 1.1.1.18 Curtained Doorway - A device to allow ingress and egress from one room to another while permitting minimal air movement between the rooms, typically constructed by placing two overlapping sheets of plastic over an existing or temporarily framed doorway, securing each along the top of the doorway, securing the vertical edge of one sheet along one vertical side of the doorway and securing the vertical edge of the other sheet along the opposite vertical side of the doorway. Other effective designs are permissible if approved in advance by the Consultant 1.1.1.19 Decontamination Enclosure System - A series of connected rooms, separated from the work area and from each other by air locks, for the decontamination of workers and equipment The system shall be in accordance with TAHPR 295.60 (e). 1.1.1.20 Demolition - The wrecking or taking out of any load -supporting structural member of a facility together with any related handling operations. 1.1.1.21 Encapsulant -A liquid material which can be applied to asbestos -containing material which controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (Bridging encapsulant) or by penetrating into the material and binding Its components together (Penetrating encapsulant). 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 const action of an air -tight, impermeable, permanent barrier around asbestos- containing sbestoscontaining 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. r 1 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 stricture, installation or building. 1.1.1.28 Facility component Any pipe, duct, boiler, tank, reactor turbine or furnace at or in a facility or any structural member of a facility. 1.1.1.29 Fixed object- A piece of equipment or fumiture 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 mall amounts of friable asbestos -containing material from HVAC ducts, short piping run, valves, joints, elbows, and other non -planar surfaces in a non -contained (plasticized) work area. The glovebag assembly is a manufactured or fabricated device consisting of a glovebag (typically constructed of 6 mil transparent polyethylene or polyvinylchoride plastic) two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The glovebag is constructed and installed in such a manner that it surrounds the object or material to be removed and contains ail asbestos fibers released during the process. OSHNs 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 HEPA filtration l and capable of maintaining a constant low velocity air flow into contaminated areas from adjacent uncontaminated areas. 6 l" d k 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 1.1.1.41Outside Air - The air outside buildings and structures. 1.1.1.42 Plasticize - To cover floors and wails with plastic sheeting as herein specified. 1.1.1.43 Prior Experience - Experience required of the contractor on asbestos projects of similar nature and scope in insure capability of performing the asbestos abatement in a satisfactory manner. Similarities shall be in areas related to material composition, project size, abatement methods required, number of employees and the engineering, work practice and personal protection controls required. 1.3.1.44 Removal - The stripping of any asbestos -containing materials from surfaces or components of a facility. 1.1.1.45 Renovation - Altering in any way one or more facility components. Operations in which load - supporting structural members are wrecked or taken out are excluded. 1.1.1.46 Shower room - A room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold or warm running water controllable at the tap and suitably arranged for complete showering during decontamination. 1.1.1.47 Staging area - Either the holding area or some area near the waste transfer airlock where containerized asbestos waste has been placed prior to 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 bad -supporting walls or any non -load -supporting walls or any non -load -supporting member, such as ceilings and non -load - supporting wails. 1.1.1.50 Surfactant - A chemical wetting agent added to water to improve penetration. 1.1.1.51 Visible Emissions - Any emissions containing particulate material that are visually detectable without the aid of instruments. This does not include condensed un -combined water vapor.. 1.1.1.52 Waste Transfer Alriock -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. 7 1.1.1.54 Work Area - Designated rooms, spaces or areas of the project in which asbestos abatement actions are to be under taken or which may become contaminated as a result of such abatement actions. A contained work area is a work area which has been sealed, plasticized, and equipped with a decontamination enclosure system. A non -contained work area is an isolated or controlled -access work area which has not been plasticized nor equipped with a decontamination enclosure system. 1.1.1.55 Worker Decontamination Enclosure - A decontamination system consisting of a dean room, a shower room and an equipment room separated from each other and from the work area airlocks and contained doorways. This system is used for all workers entering and exiting the work area and for equipment 12 Scope of Work 1.2.1 This specification covers the abatement and repair of asbestos hazards from building structures and components listed in below. It is the intent of the Contract Documents to show all of the work necessary to complete the project 1.2.1.2 Asbestos abatement is to be performed for the City of Lubbock's LP&L J. Robert Massengale Plant, Muncipal Hill area Lubbodk,TX. The intent of the abatement work is to abate one or two turbine and generator and make repairsfencapsulate the remaining units. 1.2.1.3 Project schedule is as follows: BASE BID: All abatement work will be completed in six (6) consecutive calendar weeks. The contractor may work a 40 — 45 hour work week, Monday through Friday. ALTERNATE #1: '^ All abatement work will be completed in eight (8) consecutive calendar weeks. The contractor may work a 40 — 45 hour work week, Monday through Friday. 1.2.1.4 The abatement work consists of abatement work inside plant as follows: r BASE BID: Abatement of Generator and Turbine #7: Complete abatement of unit V. Abate connecting piping enclosed by containment area. Erect full containment for abatement Repairs and glovebag abatement of units 6, 5, and 4. Abate damaged fittings and pipe insulation. Repair and encapsulate associated pipeing. Abatement of abandon evaporator tanks. ALTERNATE #1: Abatement of Generator and Turbine Units #6 and 7: Complete abatement of units #6 and 7. Abate connecting pipeing enclosed by containment Erect separate containments for each unit Begin abatement of unit 7 first r Repairs and glovebag abatement of units 5, and 4. Abate damaged fittings and pipe insulation. Repair and encapsulate associated pipeing. Abatement of abandon tanks. NOTE: See exhibits A and B for details. Contractors are required to visit site to determine the actual scope of work and amount of repairs necessary. 1.2.2 The abatement of units 6 and 7 must be done in full containment using HEPA filtration, 3 -stage deoon and bag -out The workers shall wear PAPR's for all removal. All repair work will be performed with %face APR masks. 1.2.21 All work must be done following all Federal, State and Local Regulations. Where a conflict exists between these specifications and/or regulations, the more stringent shall apply. The contractor and all workers are to be licensed by the State of Texas. 1.2.3.The abatement contractor is responsible for all sampling as required by OSHA, and shall be made available to the project manager daily. The abatement contractor must give the project manager a letter stating exactly how this OSHA sampling is to be accomplished. 1.2.3.1 Pre -abatement air sampling of the designated work area and the adjoining area is to be accomplished by the project manager or air technician. 1.2.3.2 No per -abatement work is to start until the project manager or consultant has approved all TDH licenses and submittals required in these specifications. 1.2.3.3 Pre -Abatement 1.2.3.3.1 Representative for the City of Lubbock must be notified as to the work schedule and warning signs as required in 3.1.1.1 of these specifications are to be posted. 1.2.3.3.2 Contractor is responsible for tits securing of the work area as specified in 1.8. Barricades must be installed around the work area and as directed by the Owner. 1.2.3.3.3 Pre -dean the work area using HEPA vacuum and/or wet wipes. 1.2.3.3.4 Remove all furniture, fixtures and equipment from the work area and store as directed by the Owner. 1.2.3.3.5 install critical barriers and sea] all electrical outlets, vents, lights, other openings and objects which cannot be disconnected or removed from the work area. 1.2.3.3.6 Set up containment as required in 3.1.1. 1.2.3.3.7 Set up worker decontamination enclosure system as required in 3.1.2. 1.2.3.3.8 Establish and mark emergency exits as required in 3.1.3.5. 9 r� i 1.2.3.3.9 Install pressure differential ventilation equipment to provide an air change in the work area every ,. 15 minutes. This ventilation system is to remain in operation until final air clearance is received. 1.2.3.3.10 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 Consultant each day. A negative pressure of 0.02 inches H2O or greater is to be maintained at all times. 1.2.3.4 Abatement Activities 1.2.3.4.1 All HVAC and any other ventilation must be shut down and disconnected, locked -out and tagged - out, 1.2.3.4.2 Removal of asbestos containing material must be pre -wet with amended water and removed section at a time. 1.2.3.4.3 Contaminated material Is to be bagged in small sections as it is removed. No build up of debris is to occur on the floor. Bags must be washed and plaoed in second bag when bagging out. ' 1.2.3.4.4 Work time shall be as specified in the attached schedule, unless prior arrangements are made with the Owner and the Consultant. The contractor shall work a minimum of a eight hour work shifts. A shift must not exceed 8 hours unless previous arrangement has been made and approved by the project manager. 1.2.3.4.5 Contractor is to fumish the Project Manager with a work schedule showing the start time and stop time each day and projected completion date. r, 1.2.3.4.6 The Contractor will be back -charged by the Owner for the Project Manager's time and expenses plus 10% when the Contractor fails to work within these scheduled work hours due to late arrivals or no- shows. 1.2.3.4.7 The Contractor will be back -charged by the Owner for the Project Manager's time and expenses plus 100A for failure to have on-site his competent person, as required by OSHA and TAHPR, or failure to have adequate personnel or equipment 1.2.3.4.8 Charges for the Project Manager will be charged back to the Contractor by the Owner should the project not be completed on the date specified in the contract. 1.2.3.4.9 Final inspection according to specifications. 1.2.3.4.10 Final air samples will be taken by the Project Manager. Samples shall be analyzed by PCM. Should this set fail the contractor is to re -dean and a second set of samples taken. Expenses incurred for the collection of this set will be paid for by the contractor. 1.2.3.4.11 Disposal and transportation as per 3.10 of specification. 1.2.3.4.12 Complete documentation as per EPA requirements. NOTE: it is not the intent of the Owner to penalize the Contractor for unavoidable acts of God, but to confirm the intentions of the Owner's contract with the Contractor. It is the intent to insure the Contractor will 10 G, l maintain an adequate work force, equipment and materials to complete this project in a timely and adequate manner as called for by the Contract and these specifications. 1.2.3.4.13 The required minimum work force for this project is to be a sufficient number of certified asbestos workers to complete this project as scheduled, the number of workers must be approved by the project manager. The contractor may not remove workers from the project or lessen his work force. The supervisor must be present at all times workers are on-site, and must go into the containment at least 250A of the time. All workers on this project must have a current state asbestos license as well as current certification and physical. No pending application for workers or supervisors will be acceptable. All workers must have current certification as required by AHERA, and a current state license. 1.3 Description of Work 1.3.1 The work specified herein shall be the removal and disposal of asbestos -containing materials by competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos containing and asbestos contaminated materials and the subsequent cleaning of contaminated areas, who comply with all applicable Federal, State, and Local regulations and are capable of and willing to perform the work of this Contract 1.3.2 The Contractor shall supply all labor, materials, services, insurance, permits and equipment necessary to carry out the work in accordance with all applicable Federal, State and local regulations, and these specifications. The Contractor shall NOT be responsible for the TDH notification fee. This fee shall be the responsibility of the Building Owner. 1.3.3 The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account hereof, except that the Owner shall be responsible for all such loss when a particular design process on the product of a particular manufacture or manufacturer is specified, but if the Contractor has reason to believe the design, process or product specified is an infringement of a patent the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 1.3.4 The Contractor is responsible for the grounds surrounding the buildings as well as the building itself during the removal time. 1.3.4.1 If the Owner permits the Contractor to use any of the Owner's equipment, tools or facilities, such use will be gratuitous and the Contractor shall release the Owner from any responsibility arising from claims for personal injuries, including death, arising out of the use of such equipment, tools, or facilities irrespective of the condition thereof or any negligence on the part of the Owner in permitting their use. 1.4 Applicable Standards and Guidelines 1.4.1 General Requirements 1.4.1.1 All work under this contract shall be done in strict accordance with all applicable Federal, State and Local regulations, standards and codes governing asbestos abatement and other trade work done in conjunction with the abatement 11 ipop 1.4.1.2 The most current edition of any relevant regulation, standard, document or code shall be in effect Where conflict among the requirements or with these specifications exists the most stringent requirements I shall be utilized. 1.4.1.3 Copies of all standards, regulations, codes. M.S.D. Sheets and other applicable documents, including this specification and those listed in Section 1.6.2 shall be available at the work site in the dean change area of the worker decontamination system. 1.4.2 Specific Requirements. 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. 1.4.2.1.21926.1101, titled, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, Actinolite", October 11, 1994. 1.4.2.1.3 Title 29 Code of Federal Regulation, Section 1910,134 General Industry Standard for Respiratory Protection. 1.4.2.1.4 Title 29 Code of Federal Regulations, Section 1926 Construction industry. 1.4.2.1.5 Title 29 Code of Federal Regulations, Section 1910.2 Access to Employee Exposure and Medical Records. 1.4.2.1.6 Title 29 Code of Federal Regulations, Section 1910.1200 Hazard Communication. 1.4.2.2 Environmental Protection Agency (EPA) 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. t1 1.4.2.2.4 Title 40 CFR Part 763 Subpart E, Appendix C, tided, '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 Duration Operations Maintenance and Repair (0&M) Activities Involving ACM", July 1,1992. 1.4.2.2.6 Title 40 CFR Part 763, Subpart E, Appendix D, titled, "Transport and Disposal of Asbestos Waste" July 1, 1993. 12 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, tilled, "Transmission Electron Microscopy Analytic Methods", July 11992. 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 as required by the MH (295.33). 1.5 Submftls and Notices 1.5.1 Contractor shall: 1.5.1.1 Prior to Commencement of Work: 1.5.1.1.1 All projects regardless of size must have a notification sent to the Texas Department of Health (10) ten working days prior to the start of the project. It is the responsibility of the abatement contractor to send this notification. The building owner is responsible for the permit fee that is required by the Texas Department of Health unless there is a prior agreement with the owner. Provide Building Owner and Consultant with a copy of the notification. 1.5.1.1.2 Submit proof satisfactory to the Building Owner that required permits, license, site location and arrangements for transport and disposal of asbestos -containing waste materials have been made. Obtain and submit a copy of handling procedures and list of protective equipment utilized for asbestos disposal at the landfill, signed by the Landfill Owner (Required for all abatement projects). 1.5.1.1.3 Submit documentation satisfactory to the Building Owner that the Contractor's employees, including foreman, supervisors and any other company personnel or agents who may be exposed to airborne asbestos fibers or who may be responsible for any aspects of abatement activities, have received adequate training that includes, at a minimum, information in Part 4, Section 4.1 of this document 1.5.1.1.4 Submit documentation from a physician that all employees or agents who may be exposed to airborne asbestos in excess of background level have been provided with an opportunity to be medically monitored to determined whether they are physically capable of working while wearing the respirator required without suffering adverse health effects. In addition, document that personnel have received medical monitoring as required in OSHA 29 CFR 1910.1001. The Contractor must be aware of and provide information to the examining physician about unusual conditions in the work place environment (e.g. high temperatures, humidity, chemical contaminant) that may impact on the employee's ability to perform work activities. 1.5.1.1.5 Contractor should, after inspection of job site, submit in writing to the Owner any existing damage found. 13 1.5.1.1.6 Submit manufacturer's certification that the HEPA vacuum, negative pressure ventilation units and other local exhaust ventilation equipment conform to ANSI 29,2-79. 1.5.1.1.7 Document NIOSH approvals for all respiratory protective devices utilized on the site. Include manufacturer certification of HEPA filtration capabilities for all cartridges and filters. 1.5.1.1.8 Submit documentation of respirator fit -testing for all Contractor employees and agents who must enter the work area. This fit -testing shall be in accordance with qualitative procedures as detailed in the OSHA Standard 29 CFR 1910.1025 Appendix D Qualitative Ft 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, HEPA 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: ° 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. k. 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 t^ the course of the abatement 14 t 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 an Asbestos Consultant The Consultant may assign some on-site duties to a Project Manager/Air Monitoring Professional. This Project Manager will be in charge of all air monitoring as required by the Owner. The Project Manager will have the authority to stop work at any time he feels it necessary, because of failure of the Contractor to follow these specifications or regulations and for failure to provide safe working conditions. 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 project must keep a daily record of his or her activities (IDH Regulations 295.58 (d)). 1.6.1.3 A Log book shall be maintained in the dean -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). Ail other means of access (Doors, windows, hallways, etc.) shall be blocked or looked 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 Wked from the inside, however, they shall be sealed with polyethylene sheeting and tape until needed. Emergency exits shall have a sign. 1.6.1.5 Contractor should have control of site security during abatement operations whenever possible, in order to protect work efforts and equipment. 1.6.1.6 Contractor will have Owner's assistance in notifying building occupants of impending activity and enforcement of restricted access by Owner's employees. 1.7 Emergency Planning 1.7.1 Emergency planning shall be developed prior to abatement initiation and agreed to by Contractor and Owner. 15 4 1.7.1.1 Emergency procedures shall be in written form and prominently posted in the dean change area and equipment room of the worker deoontarrinaton area. Everyone, prior to entering the work area, must r 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, scaffolding, eye protection, confined spaces and heat related injury. Written procedures shall be developed and employee training in procedures shall be provided.' Daily safety meetings shall be conducted by the Contractor. r 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 Y the work place to obtain proper medical treatment. 1.7.1.6 For life-threatening injury or illness, worker decontamination shall take least priority after measures to stabilize the injured worker, remove him from the work place and secure proper medical treatment 1.7.1.7 Telephone numbers of all emergency response personnel shall be prominently posted in the dean change area and equipment room, along with the location of the nearest telephone. 1.7.1.8 There must be a telephone available for emergency use at all times. if the owner does not have one on site the contractor must provide one at his expense. 1.8 Pre -Start Meeting 1.8.1 The successful Bidder shall attend a pre -start job meeting. Attending this meeting will be representatives of the Owner and the Owner's agents along with testing/monitoring personnel (e.g. Asbestos Project Manager, Air sampling Professional) who will actually participate in the Owner's testinglmonitoring 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. 16 1.8.1.5 Employees who will participate in the project, including delineation of experience, training, and assigned responsibilities during the project 1.8.1.6 Decontamination procedures for personnel, work area and equipment 1.8.1.7 Abatement methods and procedures to be utilized. 1.8.1.8 OSHA Required air monitoring procedures. 1.8.1.9 Procedures for handling and disposing of waste materials. 1.8.1.10 Procedures for final decontamination and deanup. 1.8.1.11 A sequence of work and performance schedule. 1.8.1.12 Procedures for dealing with heat stress. 1.8.1.13 Emergency procedures 1.8.1.14 Items that MUST be presented at the pre -start meeting are; Performance and Payment Bond, if required, Insurance Certifications as required in 1.1, asbestos workers certifications, physicals and required State license for those workers to work on this project only, logs documenting filter changes in respirators, HEPA vacuum and negative pressure ventilation units as required in 1.7, and work schedule. Failure to have this material ready at the pre -start meeting could result in the project being awarded to the next bidder. 1.8.1.15 The contractor shall submit the name of the project supervisor, (THIS SUPERVISOR CANNOT BE — REPLACED WITHOUT PRIOR NOTIFICATION AND APPROVAL OF THE PROJECT MANAGER). The project supervisor is to be present at all times and spend 25% of his time in containment. He is to see that there is someone to maintain the containment at all times. — PART 2 MATERIAL AND EQUIPMENT 2.1 Materials 2.1.1 General (all abatement projects). 2.1.1.1 Deliver all materials in the original packages, containers or bundles bearing the name of the manufacturer and the brand name. 2.1.1.2 Store all materials suNect 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. 17 r 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). 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 ladders or other equipment to prevent damage to any building components, equipment or furnishings. 2.1.1.8 Disposal bags shall be of 6 -mil polyethylene, pre- printed with labels as required by EPA regulation 40 CFR 61.152 (b) (i) CN) or OSHA requirement 29 CFR 1910.1001(g) (2) (ii). 2.1.1.9 Disposal drums shall be metal or fiberboard with looking ring tops. 2.1.1.10 Stick -on labels as per EPA or OSHA requirements (see 2.1.1.8) for disposal drums, bags or wrapped ACM. 2.1.1.11 Warning signs and generator identification labels as required by TAHPR and OSHA. 2.1.2 Removal 2.1.2.1 Surfactant (wetting agent) shall be a 50150 mixture of polyoxyethiyene 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 surfaoe tension of 29 dyneslcm as tested in its properly mixed concentration using ASTM method D1331-% 'Surface and Interfacial Tension of Solutions of Surface Active Agents'). 2.1.2.2 After removal a lock down spray must be used to contain any fiber remaining imbedded in the substrate. Care must be taken to cover the entire work area completely. 2.1.2.3 Additional materials as necessary for removal, as specified in 2.1.2. 2.2 Equipment 2.2.1 General 2.2.1.1 A sufficient quantity of negative pressure ventilation units equipped with HEPA filtration and operated in accordance with ANSI 29.2.79 (local exhaust ventilation requirements) and EPA guidance document EPA 56015-83-002 Guidance for controlling Friable Asbestos -Containing Materials in Building Appendix F: k. 18 Recommended Specifications and Operating Procedures for the Use of Negative Pressure Systems for Asbestos Abatement shall be utilized so as to provide a minimum of one work place AIR CHANGE EVERY 15 MINUTES. A pressure differential of 0.02 in. H2O as measured with a recording manometer. To calculate total air flow requirement Total 13lmin=Vol. of work area (in ff.3) To calculate the number of units needed for the abatement Number of units needed= (total cu. ft./min.) (capacity of unit (use 80% of rated capacity)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 (NEPA) filters may be utilized during work area preparation activities if approved by the Consultant (See Section 3.4.1.2.) Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear full face piece respirators. Respirators shall be provided that have been tested and approved by the National Institute of Occupational Safety and Health for use in asbestos contaminated atmospheres with air volumes and pressures to accommodate respirator manufacturer's specifications. The compressed air systems shall have a receiver of adequate capacity to allow escape of all respirator wearers from contaminated areas in the event of compressor failure. Manufacturer approved emergency egress filters must be in place on each face piece. Compressors must meet the requirements of 29 CFR 1910.134 (d). Compressors must have an in-line carbon monoxide monitor and audible alarm and periodic inspection of the carbon monoxide monitor must be evidenced. Documentation of adequacy of compressed air systemstrespiratory 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 asbestos fibers (Tyvek R or equivalent) shall be provided to all workers and authorized visitors In sizes adequate to accommodate movement without tearing. 2.2.1.4 Additional safety equipment (e.g. hard hats, meeting the requirements of ANSI Standard Z89.1- 1981, eye protection, meeting the requirements of ANSI Standard Z87.2-1979, safety shoes, meeting the requirement of ANSI Standard Z41.1-1067, disposable PVC gloves), as necessary shall be provided to all workers and authorized visitors. 2.2.1.5 Non -Skid footwear shall be provided to all abatement workers. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. 2.2.1.6 A sufficient supply of disposable mops, rags and sponges for work area decontamination shall be available. 19 i r 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 finer 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 Hand tools equipped with HEPA filtered local exhaust ventilation shall be utilized during the installation of enclosures and supports if there is any need to disturb asbestos -containing materials during this process. 2.3 Substitutions 2.3.1 Approval Required: 2.3.1.1 The Contract is based on the materials, equipment and methods described in the 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 Consultant. 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 Consultant 2.3.2.2 The decision of the Owner or his representative shall be final. PART 3 EXECUTION 20 7 3.1 Preparation 3.1.1 Work Area 3.1.1.1 Post signs meeting the specifications of TAHPR and OSHA in English and.Spanish at any location and approaches to a location where airborne concentrations of asbestos may exceed ambient background levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs may need to be posted following construction of work place enclosure barriers. 3.1.1.2 Insure We installation (including ground faulting) of temporary power sources and equipment by compliance with all applicable electrical code requirements and OSHA requirements for temporary electrical systems. Contractor shall connect to existing Owner system using only licensed tradesmen and in accordance with all State and local regulations and building codes. All cost for electricity shall be paid for by the Owner unless otherwise specified. If Owners electrical source is inadequate, the Contractor shall provide alternate electrical power at the Contractor's expense. 3.1.1.3 Shut down and look out and tag -out all heating, ventilation and air conditioning system (HVAC) components that are in, supply or pass through the work area. (Note: Interiors of existing duct work may require decontamination. This may be done during the pre -cleaning phase of operations before the duct work is sealed off or during the final cleaning phase prior to re-engagement of the system. Appropriate equipment and control measures shall be utilized to prevent contamination of building spaces during this operation. Adequate cleaning of ductwork may sometimes be accomplished by drawing high volumes of air through the system using the HEPA filtered negative pressure ventilation units) Investigate the work area and agree on pre -abatement condition with the Building Owner. Seal all intake and exhaust vents in the work area with tape and 6 mil polyethylene. Also seal any seams in system components that pass through the work area. Remove all HVAC filters and place in labeled 6 -mil polyethylene bags for staging and eventual disposal as asbestos -contaminated waste. 3.1.1.4 The Contractor shall provide sanitary facilities for abatement personnel outside of the enclosed work area and maintain them in a dean and sanitary condition throughout the project. If facilities are not available for use from the Owner, the Contractor shall provide temporary facilities at the Contractors expense. 3.1.1.5 The Owner will provide water for construction purposes. Contractor shall connect to existing Owner system using only licensed tradesmen and in accordance with all State and local regulations and building codes. 3.1.1.6 Pre -clean all movable objects within the work area using a HEPA filtered vacuum and/or wet cleaning methods as appropriate. After deaning, these objects shall be removed from the work area and carefully stored in an uncontaminated location. (Carpeting, drapes, clothing, upholstered furniture and other fabric items may be disposed of as asbestos contaminated waste or cleaned as asbestos contaminated items utilizing HEPA vacuum techniques and off- premises steam cleaning. Since adequate cleaning of severely contaminated fabric is difficult, the Building Owner or Consultant must carefully consider whether this option is appropriate. 3.1.1.7 Pre -dean all fixed objects in the work area using HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where 21 k 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 -dean all surfaces in the work area using HEPA filtered vacuums ardor wet cleaning methods as appropriate. Do not use any methods that would raise dust such as dry sweeping or vacuuming with equipment not equipped with HEPA filters. Do not disturb asbestos -containing materials during the pre - cleaning phase. 3.1.1.9 Seal off all windows, doorways, elevator opening, corridor entrances, drains, ducts, grills, grates, diffusers skylights and any other openings between the work area and uncontaminated areas outside of the work area (including the outside of the building, tunnels and crawl spaces) with 4-mif polyethylene sheeting and tape (see Section 3.1.4 -Isolation work area from occupied areas). 3.1.1.10 Cover floors in the work area with polyethylene 3.1.1.10.1 Floor shall be covered with two layers of 6 -mil (minimum) sheeting. Additional layers of sheeting may be utilized as drop cloths to aid in cleanup of bulk materials. 3.1.1.10.2 Plastic shall be sized to minimize seams. If the floor area necessitates seams, those on successive layers of sheeting shall be staggered to reduce the potential for water to penetrate to the flooring material. Do NOT locate any seams at wall/floor joints. 3.1.1.10.3 Floor sheeting shall extend at least 12" up the side walls of the work area. 3.1.1.10.4 Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of material. (Vinyl sheeting may be used for improved traction on floors). 3.1.1.11 Walls shall be covered with a minimum of two layers of 4 mil 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 Wail 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. r3.1.1.11.4 Lower utilities as necessary and re -install in a manner which permits proper utilization and does x 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 l 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, 9 the layout is appropriate, that can i 22 4 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. 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 seat 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 dean to contaminated) and out from (oontanunated to dean) the work area shall be dearly 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 dean 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 dean 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 space. 3.1.2.7 Shower room shall contain one or more showers as necessary to adequately accommodate workers. Each shower head shall be supplied with hot and cold water adjustable at the tap. The shower enclosure shall be constructed to ensure against leakage of any kind. An adequate supply of soap, shampoo and towels shall be supplied by the Contractor and available at all times. Shower water shall be drained, collected and filtered through a system with at least 5 micron particle size collection capability. (Note: A system containing a series of several filters with progressively smaller pore sizes is recommended to avoid rapid clogging of filtration system by large particles. 3.1.2.8 The equipment room shall be used for storage of equipment and tools at the end of a shift after they have been decontaminated using a HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Replacement filters (in seated containers until used) for HEPA vacuums and negative pressure ventilation equipment, extra tools, containers of surfactant and other materials and equipment that may be required during the abatement may also be stored here as needed. A drum lined with a labeled 6 mil polyethylene bag for collection of disposable clothing shall be located in this room. Contaminated footwear (e.g. rubber boots, other reuseable footwear) shall be stored in this area for reuse the following workday. 3.1.3 Waste container pass -out airlock (usually required only on large jobs) and emergency exits. 23 7 l� 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 dearly 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 unoontaminated 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 officals. 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 318" thickness shall be applied to work side of barrier. 3.1.4.4 Cover both sides of partition with a double layer of 6 mil polyethylene sheeting with staggered joints and seal in place. 3.1.4.5 Caulk edges of partition at floor, ceiling, wails 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. L 24 r 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 debrisfresidue cleaned up using appropriate HEPA vacuuming and wet mopping procedures. 3.1.5.6 If air samples collected outside of the work area during abatement activities indicate airborne fiber concentrations 0.01 f/cc or greater, or per -measured background levels (which is lower) work shall immediately stop for inspection and repair of barriers. Cleanup of surfaces outside of the work area using HEPA vacuum or wet cleaning techniques may be necessary. 3.1.5.7 Install and initiate operation of air filtration equipment as needed to provide one air change in the work area ever 15 minutes. (See Section 2.2.1.1) Enough exhaust air must be vented through a HEPA filter to maintain a tower air pressure within the enclosure system than the outside air pressure. Openings made in the enclosure system to accommodate these units shall be made air tight with tape and/or caulking as needed. If more than one unit is vented to the outside, they should be turned on 1 at a time, checking the integrity of wall barriers for secure attachments and need for additional reinforcements. Insure that adequate power supply is available to satisfy the requirements of the air filtration equipment. Air filtration equipment shall be exhausted to the outside of the building wherever feasible. They shall not be exhausted into occupied areas of the building. Twelve inch expansion duct shall be used to reach from the work area to the outside when required. Careful installation, air monitoring and daily inspections shall be done to insure that the duct does not release fibers into uncontaminated building areas 3.1.6 Establishing Emergency Exits 3.1.6.1 Emergency exits shall be established and dearly 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 ff needed. These exits may be the worker decontamination enclosure, the waste pass -out airlock and/or other alternative exits satisfactory to fire officials. 3.1.7 Removing and Cleaning Fixtures 3.1.7.1 Remove, dean and enclose in polyethylene the ceiling mounted objects such as lights and other items that may interfere with the abatement process and were not previously cleaned and sealed off. Utilize localized spraying of amended water and/or HEPA vacuum to reduce fiber dispersal during the removal of these fixtures. 3.1.8 Removal of building structural components, not used. 3.1.8.1 All building structural components that can be removed are to be cleaned and moved to a secure storage area prior to abatement. After abatement is complete all components are to be replaced in original location and condition. 25 i t s 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 1.7). 3.1.10.3 All equipment for abatement, dean -up and disposal are on hand. 3.1.10.4 All worker training (and certification) is completed. 3.1.10.5 Contractor receives written permission from Building Owner or his Representative to commence abatement 3.1.11 Alternative Procedures 3.1.11.1 Procedures described in this specification are to be utilized at all time. 3.1.11.2 If specified procedures cannot be utilized, a request must be made in writing to the Building Owner providing details of the problem encountered and recommended alternatives. 3.1.11.3 Alternative procedures shall provide equivalent or greater protection than procedures that they replace. 3.1.11.4 Any alternative procedure must be approved in writing by the Building Owner prior to implementation. 32 Work Place Entry and Exit Procedures 3.2.1 Personnel entry and exit 3.2.1.1 A I workers and authorized personnel shall enter the work area through the worker decontamination enclosure system. 3.2.1.2 All personnel who enter the work area must sign the entry log, located in the dean room, upon entry and exit 3.2.1.3 All personnel before entering the work area, shall read and be familiar with all posted regulations, " personal protection requirements (including work place entry and exit procedures) and emergency C : procedures. A sign -off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior to entry. 26 f 3.2.1.4 All personnel shall proceed first to the dean room, remove all street clothes and appropriately don respiratory protection (as deemed adequate for the job condition). And washable and/or disposable coveralls, head covering and foot covering. Hard hats, eye protection and gloves shall also be utilized if required. Clean respirators and protective clothing shall be provided and utilized by each person for EACH SEPARATE ENTRY into the work area. 3.2.1.5 Personnel wearing designated personal protective equipment shall proceed from the dean room through the shower room and equipment room to the main work area. 3.2.1.6 Before leaving the work area all personnel shall remove gross contamination from the outside of respirators and protective clothing by brushing and/or wet wiping procedures. (Small NEPA vacuums with brush attachments may be utilized for this purpose, however, larger machines may tear the suits) Each person shall dean bottoms of protective footwear in the walk -off pan just prior to entering the equipment room. 3.2.1.7 Personnel shall proceed to equipment room where they remove all protective equipment except respirators. Deposit disposable (and washable) clothing into appropriately labeled containers for disposal (and laundering). 3.2.1.8 Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work area. Upon completion of abatement it shall be disposed of as asbestos contaminated waste. (Rubber boots may be decontaminated at the completion of the abatement for reuse.) 3.2.1.9 Stili wearing respirators, personnel shall proceed to the shower area, dean the outside of the respirators and the face area under running water prior to removal of respirator and shower and shampoo to remove residual asbestos contamination. Various types of respirators will require slight modification of these procedures. An airline respirator with HEPA filtered disconnect protection may be disconnected in the equipment room and worn into the shower. A powered air -purifying respirator face -piece will have to be disconnected from the filteripower pack assembly which is not waterproof, upon entering the shower. A dual cartridge respirator may be worn into the shower. Cartridges must be replaced for each new entry into the work area. 3.2.1.10 After showering and drying of, proceed to the dean room and don dean disposable (and/or washable) clothing if there will be later re-entry into the work area or street clothes if it is the end of the work shift. 3.2.1.11 These procedures shall be posted in the dean room and equipment room. 3.2.2 Waste container pass -out procedures. 3.2.2.1 Asbestos oontaminated waste that has been containerized shall be transported out of the work area through the waste container pass -out airlock (or through the worker decontamination enclosure if a separate airlock has not be constructed). 3.2.2.2 Waste pass -out procedures shall utilize two teams of workers, an "inside" team and an "outside" team. 27 7 3.2.2.3 The inside team wearing appropriate protective clothing and respirators for inside the work area shall dean the outside, including bottom, of property labeled containers (bags, drums, or wrapped components) using HEPA vacuum and wet wiping techniques and transport them into the waste container pass -out aldodk. No worker from the inside team shall further exit the work area through this airlock. 3.2.2.4 The outside team wearing protective clothing and appropriately assigned respirators, shall enter the airlock FROM OUTSIDE THE WORK AREA, enclose the drums In dean, labeled 6 mil polyethylene bags and remove them from the airlock to the outside. No worker from the outside team shall further enter the work area through this airlock. 3.2.2.5 The exit from this airlock shall be secured to prevent unauthorized entry. 3.3 Training 3.3.1 Prior to commencement of abatement activities all personnel who will be required to enter the work area or handle containerized asbestos containing materials must have received adequate training required by the Texas Department of Health. All personnel on the job site that enter the containment must have Texas licenses in hand (See Part 4, Section 4.1, Training) 3.3.1.1 Specht on-site training on equipment and procedures unique to this job site shall be performed as required. 3.3.1.2 Training in emergency response and evacuation procedures shall be provided. 3.4 Respiratory Protection 3.4.1 All respiratory protection shall be provided to workers in accordance with the submitted written respiratory protection program, which includes all items in OSHA 29 CRF 1910.134 (b) (1-11). This program shall be posted in the dean room of the worker decontamination enclosure system. 3.4.1.1 Workers shall be provided with personally issued, individually identified (marked with waterproof designations) respirators. 3.4.1.2 Respirators shall be selected that meet the following level of protection requirements: All workers, foremen, superintendents, authorized visitors and inspectors must have personally issued and marked equipment approved by NIOSH or MSA. Minimum respiratory protection required for this project is PAPR respirators with HEPA filters unless fiber concentration requires greater protection. Prep work that may disturbed the asbestos, and bag out it there is no removal activity may be done in 112 face dual HEPA filter respirators. These are the only exceptions to PAPR respirators unless personal air sampling and containment area air samples indicate down grading of respirator protection is appropriate. The contractor must make any decision to down grade known to the project manager. The project manager can deny this down grade if, in his opinion, there is just cause to do so. 3.4.1.3 Fit testing 3.4.1.4 Workers must perform positive and negative air pressure fit tests each time a respirator is put on, whenever the respirator design so permits. Powered air- purifying respirators shall be tested for adequate E flow as specified by the manufacturer. L 28 3.4.1.5 Workers shall be given a qualitative fittest in accordance with procedures detailed in the OSHA lead Standard (29 CFR 1910.1025,Appendix D Qualitative Fit Test Protocols) for all respirators to be used on this abatement project. An appropriately administered quantitative fit test may be substituted for the qualitative fit test. 3.4.1.6 Documentation of adequate respirator fit must be provided to the Building Owner. 3.4.1.7 No one wearing a beard shall be permitted to don a respirator and enter the work area. 3.4.1.8 Additional respirators (minimum of 2 of each type) and training on their donning and use must be available at the work site for authorized visitors who may be required to enter the work area. 3.5 Protective Clothing. 3.5.1 Disposable clothing including head, foot and full body protection shall be provided in sufficient quantities and adequate sizes for all workers and authorized visitors. 3.5.1.1 Hard hats, protective eye wear, gloves, rubber boots and/or other footwear shall be provided as required for workers and authorized visitors. Safety shoes may be required for some activities. 3.6 Removal Procedures. 3.6.1 Clean and isolate the work area in accordance with Section 3.1 3.6.1.1 Wet all asbestos containing material with an amended water solution using equipment capable of providing a fine spray mist, in order to reduce airborne fiber concentrations when the material Is disturbed. Saturate the material to the substrate, however, do not allow excessive water to accumulate in the work area. Keep all removed material wet enough to prevent fiber release until it can be containerized for disposal. If work area temperatures are below 32 F and amended water is subject to freezing, dry removal permits and procedures must be utilized (See 2.1.2.1) Maintain a high humidity in the work area by misting or spraying to assist in fiber settling and reduce airborne concentrations. Wetting procedures are not equally effective on all types of asbestos containing materials but, shall none -the -less be used in all cases. 3.6.1.2 Special circumstances (e.g. live electrical equipment, high amosite content of material, materials previously coated with an encapsulant or paint) may prohibit the adequate use of wet methods to educe fiber concentrations. For these situations, a dry removal may be required. The Contractor will have to acquire special permits, different from those mentioned herein from the NESHAP enforcement agency. 3.6.1.3 Saturated asbestos containing material shall be removed in manageable sections. Removed material should be containerized before moving to a new location for continuance of work. Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up. 3.6.1.4 Material removed from building structures or components shall not be dropped or thrown to the floor. Material should be removed as intact sections or components whenever possible and carefully lowered to the floor. If this cannot be done for materials greater than 50 feet above the floor, a dust -tight chute shall be constructed to transport the material to containers on the floor or the material may be containerized at elevated levels (e.g. on scaffolds) and carefully lowered to the ground by mechanical means. For materials 29 i 7 between 15 and 50 feet above the ground they may be containerized at elevated levels or dropped onto inclined chutes or scaffolding for subsequent collection and containerization. 3.6.1.5 Containers (6 mil polyethylene bags or drums) shall be sealed when full (Wet material can be exceedingly heavy.) Bags shall not be over -filled. They should be securely sealed to prevent accidental opening and leakage by tying tops of bags in an overhand knot or by taping in gooseneck fashion. Do not seal bags with wire or cord. (Bags may be placed in drums for staging and transportation to the landfill. Bags shall be decontaminated on exterior surfaces by wet cleaning and HEPA vacuuming before being placed in dean drums and sealed with locking ring tops). 3.6.1.6 Large components removed intact may be wrapped in 2 layers of 6 mil polyethylene sheeting secured with tape for transport to the landfill. ' 3.6.1.7 Asbestos containing waste with sharp -edged components (e.g. nail, screws, metal lath, tin sheeting) will tear the polyethylene bags and sheeting and shall be placed in drums for disposal. 3.6.1.8 After completion of all stripping work, surfaces from which asbestos containing materials have been removed shall be wet brushed and sponged or cleaned by some equivalent method to remove all visible residue. 3.7 Clean-up Procedure 3.7.1 Remove and containerize all visible accumulations of asbestos containing material and asbestos contaminated debris utilizing rubber dust pans and rubber squeegees to move material around. DO NOT use metal shovels to pick up or move accumulated waste. Special care shall be taken to minimize damage to floor sheeting. 3.7.1.1 Wet clean all surfaces in the work area using rags, mops and sponges as appropriate. 3.7.1.2 Remove the cleaned outer layer of plastic sheeting from walls and floors, windows and doors. HVAC system vents and all other openings shall remain sealed. The negative pressure ventilation units shall remain in continuous operation. Decontamination enclosure systems shall remain in place and be utilized. 3.7.1.3 After cleaning the work area, wait at least 24 hours to allow fibers to settle and HEPA vacuum and wet dean all objects and surfaces in the work area again. 3.7.1.4 Remove all containerized waste from the work area and waste container pass -out airlock. 3.7.1.5 Decontaminate all tools and equipment and remove at the appropriate time in the cleaning sequence. 3.7.1.6 Inspect the work area for visible residue. If any accumulation of residue is observed, it will be assumed to be asbestos and the 24 hour settling period/cleaning cycle repeated. 3.7.1.7 The work area shall be cleaned until it Is in compliance with State and Local requirements and any more stringent criteria agreed upon by the Contractor and Owner prior to initiation of abatement activities. r 30 Jr 1 Additional cleaning cycles shall be provided, as necessary, at no cost to the Building Owner until these criteria have been met 3.7.1.8 Following the satisfactory completion of clearance air monitoring, remaining barriers may be removed and properly disposed of. A final visual inspection by the Owner's representative shall Insure that no contamination remains in the work area. Unsatisfactory conditions may require additional cleaning and air monitoring. (See Section 3.10 Re-establishment of the Work Area). 3.8 Encapsulation Procedures 3.8.1 Clean and isolate the work area in accordance with 3.7 3.8.1.1 Repair damaged and missing areas of existing (sprayed) (troweled) materials with non -asbestos containing substitutes(specify) Material must adhere adequately to existing surfaces and provide an adequate base for application of encapsulating agents. Filler material shall be applied in accordance with manufacturer's recommended specifications. 3.8.1.2"Remove loose or hanging asbestos containing materials in accordance with the requirements of Section 3.6. 3.8.1.3 After the work area has been rendered free of visible residues, a thin coat of satisfactory encapsulating agent shall be applied to all surfaces in the work area including structural members, building components and plastic sheeting on walls, floors, and covering non -removable items, to seal in non-visible residue. 3.9 Clearance Air Monitoring 3.9.1 Following the completion of clean-up operations, and after inspection by the project manager and the project supervisor, final samples shall be taken as set forth by the AHERA guidelines. 3.9.1.1 Samples shall be taken following E.P.A. guidelines. Negative pressure ventilation units shall NOT be shut down until final clearance is achieved. 3.9.1.2 Final air samples shall be analyzed as per section 12.2.4.10. Should the first set fail the contractor will completely re -dean the area and a second set of finals will be taken. The cost of these additional samples will be paid for by the contractor. 3.9.1.3 All samples at all locations shall indicate concentrations of airborne fibers less than or equal to the requirements as set forth in the AHERA regulations. 3.9.1.4 Aggressive sampling shall be performed with portable fans circulating air in the work area to simulate actual use conditions. Negative pressure ventilation units shall NOT be utilized for this purpose. 3.9.1.5 Final air samples shall be analyzed as per section 122A.10, samples taken during the course of the project as well as back ground samples will be analyzed by PCM. 31 t , 3.9.1.6 All samples at all locations shall indicate concentrations of airborne finers less than 0.01 floc for release of the work area. 3.9.1.7 Areas exceeding this level shall be re -cleaned using procedures in Section 3.7 and re -tested until satisfactory levels are obtained. 3.9.1.8 Cost of re -testing shall be borne by the Contractor. 3.10 Disposal Procedures 3. 10.1 As the work progresses, to prevent exceeding available storage capacity on site, sealed and labeled containers of asbestos containing waste shall be removed and transported to the pre -arranged disposal location. 3.10.1.1 Disposal must occur at an authorized site in accordance with regulatory requirements of NESHAP and applicable State and Local guidelines and regulations 3.10.1.2 All dump receipts, trip tickets, transportation manifests or other documentation of disposal shall be delivered to the Building Owner for his records. A recommended record-keeping format utilizes a chain of custody form which includes the names and addresses of the Generator (Building Owner), Contractor, pickup site, and disposal site, the estimated quantity of the asbestos waste and the type of containers used. The form should be signed by the Generator, the Contractor, and the Disposal Site Operator, as the responsibility for the material changes hands. If a separate hauler is employed, his name, address, telephone number and signature should also appear on the form. 3.11 Transportation to the landfill 3.11.1 Once drums, bags and wrapped components have been removed from the work area, they shall be loaded into an ENCLOSED truck or dumpster for transportation. At no time is the asbestos waste to be stored in anything that is not enclosed and lockable. All dumpsters must be enclosed. 3.11.1.1 When moving containers, utilize hand truck, carts and proper lifting techniques to avoid back Injuries. Trucks with lift gates are helpful for raising drums during truck loading. 3.11.1.2 The enclosed cargo area of the truck shall be free of debris and fined with 6 mil polyethylene sheeting to prevent contamination from leaking or spilled containers. Floor sheeting shall be installed first and extended up the side walls. Wall sheeting shall be overlapped and taped into place. 3.11.1.3 Drums shall be placed on level surfaces in the cargo area and packed tightly together to prevent .: shining and tipping. Large structural components shall be secured to prevent shifting and bags placed on top. Do not throw containers into truck cargo area. 3.11.1.4 Personnel loading asbestos waste shall be protected by disposable clothing including head, body and foot protection and, at a minimum, half face piece, air purifying dual cartridge respirators equipped with high efficiency filters. 32 3.11. 1.5 Any debris or residue observed on containers or surface outside of the work area resulting from dean -up or disposal activities shall be immediately leaned -up using HEPA filtered vacuum equipment and/or wet methods as appropriate. 3.11.1.6 Large metal dumpsters are sometimes used for asbestos waste disposal These should have doors or tops that can be dosed and looted to prevent vandalism or other disturbance of the bagged asbestos debris and wind dispersion of asbestos fibers. Un -bagged material shall not be placed in these containers, nor shall it be used for non- asbestos waste. Bags shall be placed, not thrown into containers to avoid splitting. 3.12 Disposal at the landfill 3.12.1 Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading of the asbestos containing waste. 3.12.1.1 Bags, drums and components shall be inspected as they are off-loaded at the disposal site. Material in damaged containers shall be re -packed in empty drums or bags as necessary. (Local requirements may not allow the disposal of asbestos waste in drums. Check with appropriate agency and institutions for appropriate alternative procedures.) 3.12.1.2 Waste containers shall be PLACED on the ground at the disposal site, not pushed or thrown out of trucks (weight of wet material could rupture containers). 3.12.1.3 Personnel off-loading containers at the disposal site shall wear protective equipment consisting of disposable head, body and foot protection and, at a minimum, half -face piece, air purifying dual cartridge respirators equipped with high efficiency filters. 3.12.1.4 Following the removal of all containerized waste, the truck cargo area shall be decontaminated using HEPA vacuums and/or wet methods to meet the no visible residue criteria. Polyethylene sheeting shall be removed and discarded along with contaminated cleaning materials and protective clothing, in bags or drums at the disposal site. 3.12.1.5 If landfill personnel have not been provided with personal protective equipment for the compaction operation by the landfill operator Contractor shall supply protective clothing and respiratory protection for the duration of this operation. 3.13 Re-establishment of the Work Area and Systems 3.13.1 Re-establishment of the work area shall only occur following the completion of dean -up procedures and after clearance air monitoring has been performed and documented to the satisfaction of the Building Owner. 3.13.1.1 Polyethylene barriers shad be removed from walls and floors at this time, maintaining decontamination enclosure systems and barriers over doors, windows, etc. as required. 3.13.1.2 The Contractor and Owner shall visually inspect the work area for any remaining visible residue. Evidence of contamination will necessitate additional deaning requirements in accordance with Section 3.7. 33 3.13.1.3 Additional air monitoring shall be performed in accordance with Section 3.9 if additional dean -up is �., necessary. 3.13.1.4 f=ollowing satisfactory clearance of the work area, remaining polyethylene barriers may be removed and disposed of as asbestos contaminated waste. 3.13.1.5 At the discretion of the Contractor, mandatory requirement for personal protective equipment may be waived following the removal of all barriers. 3.13.1.6 Re -secure mounted objects removed from their former positions during area preparation activities. 3.13.1.7 Relocate objects that were removed to temporary locations back to their original positions. 3.13.1.8 Re-establish HVAC, mechanical and electrical systems in proper working order. Remove contaminated HVAC system filters and dispose of as asbestos contaminated waste. Decontaminate filter assembly using HEPA vacuums and wet cleaning techniques. Install new filters in HVAC systems. Dispose of old filters. 3.14 Repair 3.14.1 Repair all areas of damage that occurred as a result of abatement activities. PART 4: SUPPORT ACTIVITIES AND PERSONNEL 4.1 Training 4. 1.1 Training shall be provided by the contractor to all employees or agents who may be required to disturb asbestos containing or asbestos contaminated materials for abatement and auxiliary purposes and to all supervisory personnel who may be involved in planning, execution or inspection of abatement projects. 4.1.1.1 All workers must have a minimum of 24 hours training as required by the EPA, OSHA, NIOSH, and any state requirements, such as additional training and license. 4.1.1.2 All workers must have received the required medical examination. 4.1.1.3 All workers must be trained in the proper use of the type of respirators used on this job. 4.1.1.4 Personal hygiene including entry and exit procedures for the work area, use of showers and prohibition of eating, drinking, smoking, and chewing in the work area. 4.1.1.5 Special safety hazards that may be encountered including electrical hazards, air contaminant, wetting agents, encapsulants, materials from Owner's operation, Are and explosion hazards, scaffold and w ladder hazards, slippery surfaces, confined spaces, heat stress and noise. 4.1.1.6 Workshops affording both supervisory personnel and abatement workers the opportunity to see the construction of containment barriers and decontamination facilities. 34 4.1.1.7 Supervisory personnel shall, in addition, receive training or contract specifications, liability insurance and bonding, legal considerations related to abatement, establishing respiratory protection medical surveillance programs, EPA, OSHA (and State) record keeping requirements and other topics as requested by the Building Owner. 4.1.1.8 Training must be provided by individuals qualified by virtue of experience and education to discuss the topic areas in 4.2. 4.1.1.9 Training is to have occurred within 12 months prior to the initiation of abatement activities. 4.1.1.10 Contractor must document training by providing date of training, training entity, course outline, and names and qualifications of trainers. 4.2 Medical Monitoring. 4.2.1 Medical Monitoring must be provided by the Contractor to any employee or agent that may be exposed to asbestos in excess of background levels during any phase of the abatement project. (Due to the synergistic effect between smoking and asbestos exposure, it is highly recommended that only non-smokers be employed in positions which may require them to enter asbestos contaminated atmospheres). 4.2.1.1 Medical monitoring shall include at a minimum: 4.2.1.2 A work/medical history to elicit symptomatology of respiratory disease. 4.2.1.3 A chest x-ray (posterior -anterior, 14x13 inches) evaluated by a certified B -reader. 35 D EXHIBIT A J. ROBERT MASSENOMM PLANT ABATEMENT PROJECT. 1. General: 1.1 The general intent of the abatement is to abate unit 7 prior to re -instating boiler and unit. Abatement of unit 6 will be considered if budget allows. The remaining units 4 and 5 are in need of Tepairs• 1.2 The repair work will consist of glovebag removal of damaged pipe, valves and ells as necessary. The silver steam lines will be abated and repaired with a new cloth jacket. The remaining damaged pipe and vessels will be repaired with cloth patches and CP -11 encapsulants. 2 Base Bid: Abatement of Unit #7 repairs to units 6,5 and 4. 2.1 Unit #7 the entire unit (generator, turbine and condenser) will be abated in full containment Isolate unit from remaining building and abate all piping within containment area. Repair ends of pipe abated 2. 1.1 Repair ends of abated pipe with cloth cap and encapsulate with CP -I l 2.2 Units 6, 5 and 4: Abate damaged hot water (green) pipe and valves as indicated. Abate damaged (silver) steam piping and valves as indicated then encapsulate and re jacket all lines. 2.3 Associated tanks (2) for units 6 and 7: Abatement of tanks numbered 61 and 71. Abate connecting pipes to horizontal line above each. 2.3.1 Repair ends of abated pipe with cloth cap and CP -11. 3. Alternate #1: Abatement of units 6 and 7. Repairs to units 5 and 4. 3.1 Unit # 6 and 7 both units (generator, turbine and condenser) will be abated in full containment. �.. Isolate each unit from remaining building and abate all piping within containment area. i 3.1.1. Each unit will be a separate containment and abated separately. Abate unit 7 first 3.1.2 Repair ends of abated pipe with cloth rap and encapsulate with CP -11 3.2 Units 5 and 4: Abate damaged hot water (green) pipe and valves as indicated Abate damaged (silver) steam piping and valves as indicated then encapsulate and re jacket all Innes. 4. Materials to Abate Under Base Bid 4.1 Abatement of Unit 7. Repairs to Unit 6,5 and 4. Abatement and Repairs on Floor 4.1.1 Work on Floor: Boiler # 4: Repair 8' pipe at front of boiler. Boiler #5: Glovebag damaged pipe and repair 28'. Repair to 1 foot below floor Boiler #6: Repair taped ends and encapsulate valves. Air injectors: Abate the two units. Mini containment 3.1.2 Abatement and Repairs to Unit 6: Steam Lines: Re jacket all silver steam lines Glovebag damaged areas on lines. North Side: Twee valves and 12 feet of damaged pipe north side of unit. Front of unit: 40 feet of pipe to abate repair. South side of unit: Glovebag 4 steam valves repair 6 valves. Then re jacket all steam lines. Re -heaters: Repair damaged areas and re jacket all. Repair associated valves. 18 to 20 valves. 4.1.2 Abatement and Repairs to Unit S: _ North Side: Repair and -re -jacket 2 re -heaters. Repair 9 valves. Under Unit: Abate 18' f hot water (green) pipe. Glovebag 1 valve Pumps 51-52: Repair 4 valves at pumps Evaporator Tank: Abate tank and associated vertical lines. Repair and seal areas abated .East Wall: Abate 24' of hot water pipe at floor level. Repair ends. South Side: Repair and jacket 2 re heaters. Abate approximately 9 valves on hot water lines. Repair and jacket 3 steam valves at floor level. Steam Lines: Repair and re jacket all associated lines. 4.1.3 Abatement and Repairs to Unit 4: North Side: Repair and re jacket two re -heaters. Repair associated pipe and 9 valves. Pumps 4142: Repair 4 valves at pumps. Evaporator Tanks: Abate tank and associated vertical piping to horizontal ppc. Repair abated ends. ^, Steam lines: Repair and re jacket all associated lines. South Side: Repair and re -jacket 2 re -heaters repair and jacket approximately 10 hot water valves. Under Unit 4: Abate 16 feet of hot water lines, south side. Repair approximately 4 foot of pipe on north side. END OF SECTION EXHIBff B J. ROBERT MASSENGALE PLANT ABATEMENT PROJECT. PART 1: ENCAPSUAL71ON AND REPAIRS 1. General: The abatement project will require the contractor to repair damaged vessels and pipe, as well as abatement of damaged pipe and valves. Repairs are to be made to the ends of all pipe insulation abated as well as damaged pipe remaining. 1.1 Re-insualtion of abated boilers and associated piping will be under another contract. 2. Repairs to Pipe Insulation: 2.1 Repairs following glove bag removal: Prior to removal of glovebag the removal team will seal the exposed ACM with a cloth end cap and apply CP 11 to encapsulate raw edges. Then collapse and remove glovebag. 2.2 Repairs to Hot Water Pipe and Valves: Repair any damaged area (nicks and cuts) with CP -11 and place cloth patch to cover. Cover with CP -11. 2.3 Repairs to Vertical Re -heaters: Repair any damaged areas (nick and cuts) with CP -11. Then cover vessel with cloth jacket overlap seams and seal same/ 2.4 Repair to Steam (silver) pipe Insulation: Repair damaged areas and cut away loose jacket and paint. Encapsulate with CP -11 and attach new jacket overlapping seams and banding. PART 2 MATERIALS AND APPLICATION: 1. General: Materials specific are trade names. The contractor may use equivant materials. Materials specified include pipe insulating mastic, bridging encapsulant, 8 -ounce cloth or insulation jacket. 1.1 Materials and workmanship shall be guaranteed for one year against defects. 2. Encapsulant/Mastic: Provide Childers CP -11. Water based vinyl -acrylic white mastic coatings. Breathable weather barrier coating capable of filling rough surfaces filling gaps and imperi'ections. Normally applied with a canvas cloth or glass fiber reinforcing mesh. 2.1 Quality Assurance: Product shall meet NFPA Standards 90-A, non-combustabie in dry state NFPA code 220 (b). And tested to meet ASTM E-84 standard. 2.2 Childers CP -11 spraytrush in white color Service Temperature Range: Temp. which dry coating is subject. -40 degrees F to 180 degrees constant (250 degrees intermittent Drying times 2 hour to touch and through drying in 24-36 hours Water vapor permeance ASTM E-96 Underwriters Laboratories classification 204U 2.2.1 To obtain proper bonding too dusty and older surfaces. Prime surface with Childers Chil- Lag CP 52 diluted by 501/6 with water. 2.3 Application: Large flat surfaces are best covered by application with trowel or stiff brush. Brushing more readily covers smaller irregular surfaces such as fittings and valves. A smooth finish may be achieved by "wet brushing'. — 2.3.1 Use of CP-11 is specified for repair to damaged insulation 3. Repair Cloth or Coverings: 8 oz. canvas cloth or Childers CHIL-CLAS#10. '^ Applied to re-heaters and steam pipe insulation. 3.1 Mastic finish over insulation shall be CP-11. It shall be applied in two coats. A tack coat shall be applied at a rate of 2 gallons per 100 feet. While the tack layer is stili wet a layer of CH L- GLAS#10 glass fiber reinforcing mesh shall be embedded with all seams overlapping a minimum of 2 inches. A finish coat shall be applied to cover all mesh, apply at a rate of 4 gallons per 100 sq. feet. 3.2 All adjoining insulated surfaces and uninsulated surfaces must be waterproofed and sealed. To seal apply Childers Chil-Joint CP-70. Apply in lle thicImcss and cover 1-2 inches in each direction to effectively cover. END OF SECTION CHANGE ORDER NO. 1 BID NUMBER 98266 TO: Southwest Abatement, Inc. dba Environmental Reconditioning, Inc. 4200 Broadway SE Albuquerque, New Mexico 87105 Original Amount of Contract $79,102.00 Amount of this Change $17,900.00 Amended Amount of this Contract $97,002.00 Percentage Change of Original Contract 22.6% WHEREAS, it is desirable to make changes in the work scope of Bid No. 98266 ACM Abatement at J. Robert Massengale Plant. The Contractor has given us a quote to completely remove the asbestos from 0111g r Unit No. 4 or,U for this amount. King Consultants has recommended that we except this proposal as their estimate of the work in 30,000. This would help in our effort to eventually remove all the asbestos from this facility to provide a safer environment for the employees. We would recommend that this change order be approved. NOW THEREFORE, the Contractor shall furnish all labor and materials as stated. above to accomplish this change order. INIVYITt4ESS WHEREO, he Owner and the Contractor have hereto set their hands this o day of 1999. CONTRACTOR: OWNER: SOUTHWEST ABATEMENT, INC. db -c-3 ENVIRONMEN ONDITIONING, INC. BY: TITLE: APEROVED AS T FORM: P A TANT C ATTORNEY CITY OF LUBBOCK BOB CASS, CITY MANAGER KAYTHIE DARNELL, CITY SECRETARY S REPRESENTATIVE t Ja'n-15-99 09:55A - s King Companies 606 763 6160 P`02 iJV V/Jitr -Iuun �.�• wywtu•ut ....._ EN`iIRONMENTAL RECONDITIONING, INC. 4200 BROA15WAY SE AI-Buour`Rom. NEW MExico 87 105 (505) 873-2987 FAX: (505) 873-1247 Jaaua y 12„ 1999 3oe18mbger LF&L Size Repreaenostive City of Lubbock P.O. Boz 2000 Lubbock, 'Y'wm 794S7 RE: BID AOM" - ACM ABATZhW4T AT LPL blASSENGALE PLANT, CO *1 Dear W. Basin w. Per Y= MqUM ERI submits a quoit; for the sura of S 17,950.00 for the asbestos abatement of Unit KX (Sol, turbine and condenser). This amount reflect and integrates the costs already contractee! for KPS red ebatew= as c utntly scheduled. OU shrill perfm the abatement of Unit)Wdrrectiy following the abatement of Unit 06. whicb is aat'r-ipatcd to be January 15, 1999. Prep may talar place simultaneous to the abatement of Unit 96. An additional 14 days will be z=Fbvd to perforin the extra work order. ERI shall began Unit # 1 either at the oxpletronofUnit ff&Peep maybe petfonrted simultaneous with the abatement of Unit with starting removal directly following tate completion of UnitW. y 7lsw /'7i.M+ ThWk YOU for Selecting MU to aorve you and your firm. Please don't hesitate to contact me at S05-873- 2%7 if I may be of any Anther service. S' tY, V; Gregg V Eatimalot jcct Ming GV/gv am W t SCOPE OF WORK CHANGE ORDER NO.1 BID NUMBER 98266 TO: ERI, Inc. 4200 Broadway SE Albuquerque, N. M 87105 Request for change in contract to include the following: SCOPE: Asbestos aba�services to include abatement in full containment of one generator unit (4 at LP&L Massengale plant. The materials to abate, abatement process and containment required will be in the same manner as base bid of the contract. Abatement of all ACM below floor level and one tank on the floor. The repair work and re jacketing will consist of the marked pipeing above the deck, as outline in the bid package. An additional 14 calendar days will be added to the contract. 1 F ©�N© ; 01, Consultant TDH 10-5031 '�k a�gys