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HomeMy WebLinkAboutResolution - 5111 - VOID - Contract- Vanco Insulation Abatement Inc - ACM Abatement, HCC - 02/22/1996Resolution No. 5111 February 22, 1996 Item #21 P 0 , RESOLUTION j BE IT RESOLVED BA CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Vanco Insulation Abatement, Inc., of Midland, Texas, to furnish and install all services and materials as bid for the ACM Abatement at Hodges Community Center, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the s Council shall constitute and be a part of this Resolution as if fully copied here' in detai Passed by the City Council this 22nd ATTEST: I I N pAtvj etty 94. fohnso City Secretary APPROVED AS TO CONTENT: Ven6am4x� Victor KilmanPurchasing Manager APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney dp\ccdocslbodges.res February 12, 1996 VID R. LANGSTON, M*XOR Nod awandecC 017 1019i N'vi a 0)61-51 Q OR W P 5-1(( CPTY OF LUBBOCK SPECIFICATIONS FOR ACM ABATEMENT AT HODGES COMMUNITY CENTER BID #13475 0 r H H O z z O CITY OF LUBBOCK Lubbock, Texas ° City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR CLOSE DATE: C, January26,1996 r At 2, q'- .... /./ February 1, 1996 © 2:00 PAL BID 013475 - ACM ABATEMENT AT HODGES COMII+IUNITY CENTER ADDENDUM #1 Office of Purchasing The following items take precedence over specifications for the above named. Where any item called for in the documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed a revised Bid Submittal Form which includes Alternate No. 1. 2. The time for completion for this project shall be changed to 15 consecutive calendar days to include work contained in Alternate No. l All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: Ron SbWTIeld Senior Buyer City of Lubbock P. O. Boz 2000 Lubbock, Texas 79457 (806) 767-2164 YOU fi RON SENIOR BUYER z� ,r► - PLEASE RETURN ONE COPY WrM YOUR BID [d Ld CITY OF LUBBOCK REQUEST FOR BIDS d FOR TITLE: ACM ABATEMENT AT HODGES CON AUNTTY CENTER ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13475 PROJECT NUMBER: 9534.9211 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDMONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDMON I . NOTICE TO BIDDERS 7 i NOTICE TO BIDDERS BID #13475 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 2:00 o'clock n.m. on the 18t day of February, 1996, 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 HODGES COMMUNITY CENTER" j After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. 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. i The City of Lubbock will consider the bids on the 22nd day of February. 1996, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to refect 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 W/o of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5016) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. 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 25th day of January. 1996. at 10:00 o'clock a.m.. in the Purchasing Conference Room, L-04, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. 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 bidings Openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR QjSt6,M PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 162513th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. i GENERAL INSTRUCTIONS TO BIDDERS a GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall fiirnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the ACM ABATEMENT AT HODGFS COMMUNITY CENTER 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)767-2164 5. T 4E AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 10 consecutive calendar days from the`date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A 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 small not relieve the Contractor of his responsibilities aforementioned All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAF 171 MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 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 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 insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of BID SUBMITTAL .•. t■ BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: 606, DATE: Feb t, Ki q ( - PROJECTt NUMBER: 1334-755 - ACM ABATEMENT AT HO,DDG-ES COIVIMZJNIITY CENTER Bidof �" i I/� xL; i %� ��'✓f'!c" { v (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: _ The Bidder, in compliance with your invitation for bids for the construction of a i. AJ -7 AAL: lr r7V— l-/���i•,.* (r,%�c LI I,L9riYli 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. 64 MATERIALS: (S I ) SERVICES: � �r3 TOTAL BID:- ALTERNATE NO. 1: Exterior abatement of approximately 1,000 square feet ACM aooustial blow on material MATERIALS: SERVICES: (s �� TOTAL ALTERNATE NO 1: (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 10 consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this pmject, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive: any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has cardidly 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 fetal amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. nv En used. with this bid is jh:ie�esCeck r Certified Check for — Dollars (S or a Bid Bond in the Dollars which it is agreed shall be collected and retained by the Owne `as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. 4'ec" Authodz9d Signature---.. (Printed or )Typed Name) ,� It Y/C'i/ 'f - Company 77� city. County State Zip Code Telephone: CL���Fax Number: (�� ) •�'�� (Seal if Bidder. is a Corporation) A T: �P4. Secretar 1. 2. 3. 4. 5. 6. 7. S. 9. 10. LIST OF SUBCONTRACTORS Mnority Owned Yes No 0 ❑ 0 0 ❑ ❑ 0 0 ❑ 0 0 0 ❑ 0 0 0 0 ❑ 0 ❑ 7, 71, PAYMENT BOND STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE ,,. (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and PM (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of LOW= (,nereinatter calico me wug=), M the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. W11EREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 19__, to r i. and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 19 Surety *By: (Title) Principal By •(Title) By: (Title) By: (Title) ., The undersigned surety company represents that it is duly Qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: City of Lubbock By: l . City Attorney �^ * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this or our files. person has authority to sign such obligation. N signed by an Attorney in Fact, we must have copy of power of attorney f r� F F PERFORMANCE BOND Flo STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE r., (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars (S ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 19,_, to 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. Surety * By: r 6 IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of ,19 (Title) Principal By: (Title) By: (Title) By: (Title) F. The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) �. Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 7 CERTIFICATE OF INSURANCE r r •• f �/1 ilii 1�!� ,.: .. -fFE�+efrMfaN••1pM'til�•s .. ..�tt�n -. sH3Etrf 1+� *a. «k r 1 ».ME : w�a:«.r..r�s «� +t+M'KaM.i: +j.Kzaxr:e�02/1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ! BENTWOOD SURPLUS LINES AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15851 Dallas Parkway, 0865 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, Texas 75248 � , COMPANIES AFFORC!ING COVERAGE I _ COMPANY Alaa Henry Insurance (806)792-3771 ATIG Specialty Insurance Company _ .....__...... .._ .. NEURED -.,.--- 00WANY West Texs Abatement OOMPANr---•_�._r._�__ __ . __�____..__.._�__ 2010 Avenue C C Lubbock, TExaa 79408 COMPANY 806)7 4-9802MEW I D S2110111s; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ! INDICATED, NOTWfT WANDINQ 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 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L� : TTOfWSURANCE POUCTRUMR ��r (�W7:DADM ' LYRE GENERALLl"[LITY GENERAL UABIUTY'S-110001000. _GENERALAGGREGATE f �c 1000,000ACOMMEFOAL CLAi1ASMLDE occuRj 372-b39-53 PRODUCTS - COMPIOP A0G E 1 , OQO , QQO . 09-23-95 ; 09-23-96 PER9ONAL&TWp _ V OWNER E t CONTRACTOR 8 PROTI EACH CCC' RRE,NCE S 1 , OQQ ►QOO... 1 FIREoAMAOE (Any tire) tire); S 50.000. MED EX► Wry am parson► S 3,000, AUTOMOSIL! LWEIIUTV is 1_ ANY AUTO I COMOINED SINGLE LIMIT ALL OWNED AUTOS f I BODILY INJURY j SONEOULED AUTOS (ftIPmW^) _ �— HIRED AUTOS i I j BODILY u+JUAY S NON-OWNED AUTOS (P•f n00,0KA) PROPERTY DAMAGE S i 4ARA0E LUIECrtV AUTO ONLY - EA ACCIDENT i ' ALRD ! _ OTHER THAN AUTO ONLY ...7 1 r-ACH ACCIDENT _. S AGGREGATE f j i EXCEIeLWWTY (� UMBRELLA FOAM � 1 4 EACH OCCVRRENGE OTHER THAN UM9AELLA FOAM I S WCAKERE COMPENSATION AND j TQRwCY ATL-UµITB; EMPLOYERS' LIABILITY S EL EACH ACCIDENTTHE PROPRIFrOW PARTNERS/EXECVTNE —i L EL OSEASE • POLICY LIMIT : E OFFlCr-RS Aar-: Ex EL DISEASE • r-A EMPLOYEE: S oTNa► I . i DESC---P7 N OF °ssAAT1°NOILOCATIQNBNENKS.fb7P[GAL' REM° Bid f; 13475 THIS CERTIFICATE IS FOR BIDDING PURPOSES ONLY. A Waiver of Subrogation, Additional Insured and 10 day Notice of Cancellation will be added upon award of contract. I ?_ )K ;llffFDt3'u;tE3fiYEC�iii - —, ,c r r z t.. r •r{.I+ys-<-,iJta-raa:: �'PNY'ek+kN"NsIY�D��e*t:+rA�M'rt-�.eA+:krk..•!a SHOULD ANY OP THE ABOVE DEaCRIGRO POLICIES all CANCELLED EEFORE THE City of Lubbock r LXPIRATION DATE THEREOF, THE 46UING COMPANY WILL ENDEAVOR TO MAIL BOX 2000 30 DATE wwrrEN NOTICE TO THE ccmiCATE MOLDER NAMED TO THE LENT, Lubbock, TX 79457 MUT PAILDRE TO MAIL SUCH NOTICE EHAL, IMPOSE NC OEUGATKIN DR N"W" Attn: Laura Ritchie OF ANY IGKOrVPDN Td COMPANY, REPR1SWATNE AUTMONOJLD RE►IIEEENTA ' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 02/12/96 ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND { CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE { { ALAN HENRY INSURANCE { DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE { P. 0. BOX 2399I POLICIES BELOW. { 1 i-----------------------------------------------------------------' LUBBOCK, TX 79408-2399---•-- COMPANIES AFFORDING COVERAGE ' 1--------------- ------------------------------------------' 1 (806) 792-3771 COMPANY { -------1 LETTER A PROGRESSIVE INSURANCE COMPANY 1 -------------------------------------•---------------------------------------------------------------------•--------------' { INSURED { COMPANY 1 1 { LETTER 6 TWCIF ' 1 1-------------------------------------------------------------------------1 WEST TEXAS ABATEMENT CO. { P 0. BOX 2895 I COMPANY i 1 LUBBOCK, TX 79408-2895 { LETTER C { '----------------•--------------------------------------------------------1 I { COMPANY { 1 -- LETTER D ---------------------- +�COYERAGES---------------------•---' 1----•---------•----------------------------------•--------------------...----------•-------------------------------------- I --•-------------------------------------•------------------ 1 THIS IS -TO -CERTIFY THAT THEPOLICIESOF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' I INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ' I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 I-------------------------------------------•--------------------------------------------------- 1 ----------------------------------- 1 CO ' ' ' POLICY EFFECTIVE ' POLICY EXPIRATION 1 LTR --;---TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YYj LIMITS ----------------------------------------------------------------------------------------------•--------------------- 1 yGENERAL LIABILITY GENERAL AGG �! 1(] COMM GEN LIAB ( { { I PROD-COMP/OP AGG{! I [ ] CLMS MD[ ]OCC I I I I PERS 6 ADV INJ I! I ( ] OWNER'S I CUNT PROT EACH OCCURRENCE ! f ll INFEDRE EDMGil Fere ;Ii ---------------------------------------------------------- ------------------- --------------------- ------------------------------ 1 'AUTOMOBILE LIABILITY ' ' ' ' COMBINED SINGLE ' 1 ANY AUTO { ' { LIMIT �! 1,000,0001 I I ALL OWNED AUTOS I I I I BODILY INJURY I I 1 A 1 X SCHEDULED AUTOS 100962425-4 ' 01/06/96 { 01/06/97 {(Per person) '! { I A I X HIRED AUTOS 1 { I I BODILY INJURY 1 { 1 A 1 X HOH-OWNED AUTOS ` (Per accident) 1! 1 +----•-, , , PROPERTY DAMAGE -- ,! I r,. ------------------------------------------------------------------------------------------------------ ---------------- 1 'GARAGE LIABILITY ' ' ' ' AUTO ONLY -EA ACC', 1 1 I[ 1 ANY AUTO I I { { OTHER THAN AUTO:{ I I f[ J f { I I EACH ACCIDENT'S 1 ---; AGGREGATE ! 4 -------EXCESS LIABILITY EACH OCCURRENCE ----------------------------------------------------------------------------------------------------------s------------1 '' ' ' ' ' I 1 UMBRELLA FORM I I { i AGGREGATE 1! 1 `----•_;�-) OTHER -THAN UMBRELLA ' ' WORKER'S COMPENSATION K' ' ' ' X]STAT LM [ jOTH' 1 8 I EMPLOYERS' LIABILITY I TSF126835-01 ' 08/20/95 1 08/20/96 ' L EACH ACCIDENT '! 1,000,0001 ' PROP(PRTNRS/ X INCL 1 1 1EL DISEASE-POL LM1! 1,000,0001 EX OFFS ARE. EXCL, , ,-------,EL.DISEASE-EA-EMP,l- 1,000,000+ -------------------------------------------------------------------------------------------------------------- OTHER l i Is + 1-------------------------------------------jj--------------'------------------=-------------------'-----------------'_------------1 DERIOF 1 IFSAWARDEDNTHE CONTRACT, ALWAIVERNU SUBROGATIONCAND ADDITIONAL INSURED IS 1 + ADDED IN FAVOR OF CERTIFICATE HOLDER. BID 113415 - ACM ABATEMENT AT _NODGES COMMUNITY CENTER, 41ST AND UNIVERSITY AVENUE, LUBBOCK, TEXAS 1 ----------------------------------------------------------•---•--•-•-----------------------_---•-----•---•----------------------- 1 CERTIFICATE HOLDER;CANCELLATION � r--------------------------------------------------------•------------------------------------------------------------------- -------------------------- ' 1 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1 r I EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO ' 1 CITY OF LUBBOCK I MAIL 10 DAYS WRITTE(1 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1 1 ATTN: LAURA RITCHIE ' LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ' P.O. BOX 2000 1 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1 r LUBBOCK, TX 79457 +------------ I 1 � AUTHORIlED REPRESENTIVE � ::ACORD 25-S(1/95j::::::::::::::::::::::::::::::::::::::..................•-------------------= -----._..._..-----=--------=--- DATE (MMMIDIM ACORD. CERTIFICATE OF LIABILITY INSURANCE_- PRooucER 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 FBENTWOOD SURPLUS LINES AGENCY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. — --- - -- — -- -- - - 15851 DALLAS PARKWAY 4865 __ _ COMPANIES AFFORDING COVERAGE F DALLAS, TEXAS 75248 COMPANY ALAN HENRY INS (806)792-3771 _ATIG SPECIALTY INSURANCE COMPANY ENSURED COMPANY WEST TEXAS ABATEMENT 2010 AVENUE C LUBBOCK, TX 79408 BCREDIT GENERAL COMPANY C COMPANY INSURANCE COMPANY D 9 _8O2____ ---__- - - -- -- _ _ --- COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, 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, L EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS t� LTR TYPE OF INSURANCE DATE (MWDONY) DATE (MWDDIYY) GENERAL LIABILITY GENERALAGGREGATE $1,000,000 X COMMERCIAL GENERAL LIABILITY PRCDUCTS-COMP/OPAGG $1 000 000 CLAIMS MADEX -- OCCUR _ OWNER'S & CONTRACTOR'S PROT 37263953 X TRANSPORTATION *SEE BELOW IPOLLUTIQN _L.l_A -- AUTOMOBILE LIABILITY r -- ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS ti HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO PERSONAL& ADV INJURY $1 ,000,000 09/23/95 09/23/96 EACH OCCURRENCE $1 ,000,000 FIRE: DAMAGE (Any one tire) $ 50,000 MED EXP (Any one person) - $ _ - 5,000 COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: -` EACH ACCIDENT $ AGGREGATE S _ �— EACH OCCURRENCE $ EXCESS LIABILITY -` AGGREGATE $ UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND _ .- TORY LIMITS _ ----- ER__._____ EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR! INCL EL DISEASE POLICY LIMIT $ PARTNERStEXECUTIVE — EL DISEASE - EA EMPLOYEE $ OFFICERS ARE: EXCL -- OTHER FOWNERS/CONTRACTORS OCP800-185-00 04/01/96 06/01/96 $1,000,000. 3 PROTECTIVE 7� DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS s, WAIVER OF SUBROGATION AND ADDITIONAL `OF THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION ., ES BE CANCELLED BEFORE THE INSURED ENDORSEMENTS ARE ADDED IN FAVOR CITY OF LUBBOCK P.O. BOX 2000 ( LUBBOCK, TX 79457 ATTN: LAURA RITCHIE ACORD 25-S (1195) SHOULD ANY OF THE ABOVE DESCRIBED POUCI 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 ONY KI UPON THE _ 'ANY AGENTS_ OR REPRESENTATIVES. AUTHORIZED R RESENTATIVE o ACORD COREWATION 1988 r CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Agent (Signature) Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone #: ( ) Date: CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: Agent (Print) NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the Citv of Lubbock at (806)767-2165. BID #13475 - ACM ABATEMENT AT HODGES COMMUNITY CENTER r k- CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (S) retain all required certificates of overage 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 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 overage and report failure to provide overage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at S 12-440-3789 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 overage." and (8) contractually require each person with whom it contracts to provide services on a. project, to: (A) provide overage based on proper reporting of classification codes and payroll amounts and filing of any overage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of overage 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 overage period, a new certificate of overage showing extension of coverage, if the overage period shown on the current certificate of overage 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 overage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of overage 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 10 days after the person knew or should have known, of any change that materially affects the provision of overage of any person providing services on the project; and (I) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (F), with the certificate of coverage to be provided to the person for whom they are providing services.0 CONTRACT v 7 M CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22nd day of February. 1996, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and WEST TEXAS ABATMENT of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #13475 - ACM ABATEMENT AT HODGES COMMUNITY CENTER - $11,443.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WBEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. UMVA=-Wmll� CA .1.L ATTEST: Corporate Secretary CTTY OF LUBBOCK, TEXAS (OWNER) By:66 VICTOR PURCHASING MANAGER CONTRACTOR: COMPLETE ADDRESS: West Texas Abatement P.O. Box 2895 Lubbock, Texas 79408 GEJ E CONDITIONS OF THE AGREEMENT 0 r t: GUMBAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: WEST TEXAS ABATEMENT. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 4 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and GEORGE LISENBE BUILDING AND ENERGY ADMINISTRATOR who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in 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 arty), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. S. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required;" "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRTITEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. t 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is fiuther agreed that the Owner's Representative shall, in all uses, determine the amounts and quantities of the several kinds of work a which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. Flo The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. r` 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 Agrecment, and to see that said material is famished and said work is done in accordance with the specifications therefore. The Contractor shall fiunish 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 six (6) days make written appeal to the Owner's Representative for his decision. ,., 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE s The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations .■► of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. w 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of f the terms or obligations herein contained. t 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to li tion perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is fin ther agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS "M 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 rase the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used r+ on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100'/0, 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 (1501a) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EOUIPNMNT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC -- The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation ^� laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any 9 _ character whatsoever, brought for or on account of airy injuries or damages received or sustained by any person or persons L or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to ` pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including ® attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 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) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. The Contractor shall procure and 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 coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $750.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $750.000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than, Bodily Injury/Property Damage, $500.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insuranee The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (0% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as fooftmrage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. w 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 t" with the governmental entity showing that coverage has been extended. S. The contractor shall obtain from each person providing services on the project, and provide to the I li 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 overage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of overage showing extension of overage, if the coverage period shown on the current certificate of overage ends during the duration of the project 6. The contractor shall retain all required certificates of overage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of overage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I 9. The contractor shall contractually require each person with whom it contracts to provide services on the l project, to: (a) provide overage, based on proper reporting of classification codes and payroll amounts and . filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of �* the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (c) provide the contractor, prior to the end of the overage period, a new certificate of coverage t showing extension of coverage, if the overage period shown on the current certificate of overage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of overage, prior to the other person beginning work on the project; and (2) a new certificate of overage showing extension of coverage, prior to the end of the coverage period, if the overage 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 overage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten (10) 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 (10) days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. I� r (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 overage 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 (7) 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 overage 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 ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of overage 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 overage and report failure to provide overage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the projec4 regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 312-440-3789 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 (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 language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of overage 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 overage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 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 (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (1I), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISBERS OF MACHINERY. EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner barmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTIhTG The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in �* the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this t. contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractors total compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. r+� S It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. r 38. OUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for°all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fiilfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHBELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. A (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (13) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's i Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of 1 the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, I when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is,greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (b} The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a .., general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase d F t 1 shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within thirty (30) days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $ 100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested 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 Contractoes own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. CURRENT WAGE DETERMINATIONS DGV:da W RESOLUTION Resolution :; 2502 January 8, 1987 Agenda Item #18 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or Imechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. e Secretary B.C. MCMINN, MAYOR APPROVED ZTNTENT: APPROVED AS TO FORM: Bill- Plyne, 0 rector of Building Do ld G. Vandiver, First Services Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Cr_ Hourly Rate Acoustical Ceiling Installer Air Conditioner Installer $11.60 Air Conditioner Installer -Helper 8.35 Bricklayer 5.50 Bricklayer -Helper 10.50 Carpenter 5.00 Carpenter -Helper 11.00 Cement Finisher 5.50 Drywall Hanger 7.35 Electrician 8.70 Electrician -Helper 10.50 Equipment Operator - 5.25 Heavy Light 8.00 Floor Installer 5.70 Glazier 8.00 Insulator, Piping/Boiler 7.50 Insulator -Helper 9.50 Iron Worker 5.00 Laborer, General 7.30 Mortar Mixer 4.75 Painter 5.60 Plumber 8.75 Plumber -Helper 9.25 Roofer 6.00 Roofer -Helper 7.65 Sheet Metal Worker 4.75 Sheet Metal Worker -Helper 8.75 Welder - Certified 5.50 8.00 l r— EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman $5.25 Asphalt Shoveler 4.75 Concrete Finisher 7.35 Concrete Finisher -Helper 4.75 Electrician 10.50 Flagger 4.75 Form Setter 6.50 Form Setter -Helper 5.50 Laborer, General 4.75 Laborer, Utility 5.80 Mechanic 6.50 Mechanic -Helper 6.00. POWER EQUIPMENT OPERATORS Asphalt Paving Machine 6.00 Bulldozer 5.25 Concrete Paving Machinist 6.50 Front End Loader 5.85 Heavy Equipment Operator 6.40 Light Equipment Operator 6.40 Motor Grade Operator 8.00 Roller 5.25 Scraper 5.25 Tractor 5.50 Truck Driver - Light 5.25 Heavy 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft ourli Rate Power Line Foreman Lineman Journeyman $11.00 Lineman Apprentice Series 10.45 Groundman Series 8.90 7.25 EXHIBIT 0 Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is l 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS r' is ACM ABATEMENT PROJECT FOR THE CITY OF LUBBOCK _m HODGES COMMUNITY CENTER PREPARED BY: KING CONSULTANTS, INC. TDH LICENSE #: 10-0039 1205 E. 46th STREET LUBBOCK, TEXAS 79404 (806) 763-6157 TDH LICENSE #: 10-5131 r TABLE OF CONTENTS Part 1 General Information 1.1 Scope of Work 1.2 Description of Work 1.3 Applicable Standards and Guidelines 1.4 Submittals and Notices 1.5 Site Security 1.6 Emergency Planning 1.7 Pre -start Meeting Part 2 Materials and Equipment 2.1 Materials 2.2 Equipment 2.3 Substitutions Part 3 Execution 3.1 Preparation 3.1.1 Work Area Pre -cleaning 3.1.2 Worker Decontamination Enclosure 3.1.3 Waste Container pass -out Airlock 3.1.4 Barriers Between the Work Area and Occupied Areas 3.1.5 Maintenance of Enclosures 3.1.6 Testing Enclosures 3.1.7 Establishing Emergency Exits 3.1.8 Removing Fixtures from Area 3.1.9 Commencement of Work 3 1.10 Alternative Procedures 3.2 Work place Entry and Exit Procedures 3.3 Respiratory Protection Requirements 3.4 Removal Procedures 3.5 Enclosure Procedures 3.6 Clean up Procedures 3.7 Clearance Air Monitoring 3.8 Disposal Procedures 3.9 Re-establishment of Area and Systems Part 4 Support Activities 4.1 Training 4.2 Medical Monitoring r a a r� 1.1 Scope of Work 1.1.1 This specification covers the abatement of asbestos hazards from building structures and components listed in 1.3.2. It is the intent of the Contract Documents to show all of the work necessary to complete the project. 1.1.1.1 Project schedule is as follows: Follow the City of Lubbock notice and specifications. The contractor shall complete the project in ten (10) working days. 1. 1.2 Asbestos abatement is to be performed at the City of Lubbock's Hodge's Center, 41st and University, Lubbock, Texas. The project consists of the removal of asbestos containing acoustical blow -on material on the ceiling inside the building and the under side of the overhang on the exterior of the building. There is approximately 5,600 square feet on the interior and 1,000 square feet on the exterior. The project is to be bid in a base bid and an alternate number one as follows: Base Bid: All interior removal Alternate Number One: All exterior removal All work must be done following TDI, EPA, and OSHA regulations. The contractor and all workers are to be licensed by the State of Texas. All quantities are to be field verified by the contractor. All work is to be completed following these specifications and all applicable Federal and State of Texas regulations. The abatement contractor is responsible for all sampling as required by OSHA, and shall be made available to the project manager daily. 1.1.2.1 Pre -abatement background air sampling for clearance level standard for the designated work area and the adjoining area is to be done by the Project Manager/air monitoring technician. 1.1.2.2 Pre -construction meeting as required in part 1.1.9. No pre -abatement work is to start until the Project Manager has approved all submittals required in these specifications. 1.1.2.3 Pre -Abatement 1.1.2.3.1 Representative for the City of Lubbock (George Lisenbe)is to be notified as to work schedule and warning signs as required in 3.1.1.1 of these specifications. 1. 1.2.3.2 Contractor is responsible for the securing of the work area as specified in 1.7. Barricades must be installed around the work area and as directed by the Owner. 1.1.2.3.3 Pre -clean the work area using NEPA vacuum and/or wet wipes. 1.1.2.3.4 Remove all furniture, fixtures and equipment from the work area and store as directed by the Owner. 1.1.2.3.5 Critical barrier and seal all electrical outlets, vents, lights, other openings and objects which can not be disconnected and removed from the work area. 1.1.2.3.6 Set up containment as required in 3.1.1. 1.1.2.3.7 Set up worker decontamination enclosure system as required in 3.1.2. 1.1.2.3.8 Establish and mark emergency exits as required in 3.1.3.5. 1.1.2.3.9 Install pressure differential ventilation equipment as to provide an air change in the work area every 15 minutes. This ventilation system is to remain in operation until final air clearance is received. 1.1.2.3.10 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 Building Owner. A negative pressure of 0.020 or greater is to be maintained at all times. 1.1.2.3.11 After inspection and approval by the Project Manager of the procedures, respirator protection and the protective clothing to be used, removal work can begin. 1.1.2.4 Abatement Activities 1.1.2.4.1 All HVAC and any other ventilation must be shut down and disconnected. 1.1.2.4.2 Removal of asbestos containing material must be pre -wet with amended water and removed section at a time. 1.1.2.4.3 Contaminated material is to be bagged as it is removed. No build up of debris is to occur on the floor. Bags must be washed and placed in a second bag when bagging out. 1.1.2.4.4 Work time shall be between the hours of 7:30 a.m. and 5:30 p.m. Monday thru Friday, unless prior arrangements are made with the Owner and the Project Manager. The contractor shall work a minimum of a eight hour work day. r 1. 1.2.4.5 Contractor is to furnish the Project Manager with a work schedule showing the start time and stop time each day and projected completion date. 1.1.2.4.6 The Contractor will be back charged by the Owner for the Project Manager's time plus 10% when the Contractor fails to work within these scheduled work hours due to late arrivals or no-shows. 1.1.2.4.7 The Contractor will be back charged by the Owner for the Project Manager's time plus 10% for failure to have on-site his competent person, as required by OSHA in 29 CFR 1926, or failure to have adequate personnel or equipment. 1.1.2.4.8 Charges for the Project Manager will be charged back to the Contractor by the Owner should the project not be completed on the date specified in the contract. j 1.1.2.4.9 Final inspection according to specifications. 4 1.1.2.4.10 Final air samples will be taken by the Project Manager. Samples shall be analyzed by PCM. Should this set fail the contractor is to re -clean and a second set of samples taken, this set will be paid for by the contractor. 1.1.2.4.11 Disposal and transportation as per 3.9 of specification. 1.1.2.4.12 Complete documentation as per EPA requirements. I NOTE: It is not the intent of the Owner to penalize the Contractor for unavoidable acts of God, but to confirm the intentions of the Owner's contract with the Contractor. +- This is to insure the Contractor will maintain an adequate work force, equipment and materials to complete this project as called for by the Contract. 1.1.2.4.13 The required minimum work force for this project is four certified asbestos workers and one certified supervisor. All workers on this project must have a current state asbestos license when applicable in hand as well as current certification and physical. No pending application for workers or supervisors will be acceptable. All workers must have current certification as required by AHERA, and a current state license. 7 1.2 Description of Work 1.2.1 The work specified herein shall be the (removal) (and) (encapsulation) (and) (enclosure) of asbestos containing materials by competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos containing 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. 1.2.2 The Contractor shall supply all labor, materials, services, insurance, permits and equipment necessary to carry out the work in accordance with all applicable Federal, State and Local regulations, and these specifications. 1.2.3 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account hereof, except that the Owner shall be responsible for all such loss when a particular design process on the product of a particular manufacture or manufacturer is specified, but if the Contractor has reason to believe the design, process or product specified is an infringement of a patent he shall be responsible for such loss unless he promptly gives such information to the Owner. 1.2.4 The Contractor is responsible for the grounds surrounding the buildings as well as the building itself during the removal time. 1.3 Applicable Standards and Guidelines 1.3.1 General Requirements 1.3.1.1 All work under this contract shall be done in strict accordance with all applicable Federal, State and Local regulations, standards and codes governing asbestos abatement and other trade work done in conjunction with the abatement. 1.3.1.2 The most recent edition of any relevant regulation, standard, document or code shall be in effect. Where conflict among the requirements or with these specifications exists the most stringent requirements shall be utilized. 1.3.1.3 Copies of all standards, regulations, codes, M. S.D. Sheets and other applicable documents, including this specification and those listed in Section 1.5.2 shall be available at the work site in the clean change area of the worker decontamination system. 1.3.2 Specific Requirements. 1.3.2.1 Occupational Safety and Health Administration (OSHA) 1.3.2.1.1 Title 29 Code of Federal Regulations, Section 1910,1001 -General Industry Standard for Asbestos. _ 1.3.2.1.2 1926.1101, titled, "Occupational Exposure to Asbestos, Tremolite, ._ Anthophyllite, Actinolite", October 11,1994. 1.3.2.1.3 Title 29 Code of Federal Regulation, Section 1910, 134 General Industry Standard for Respiratory Protection. 0 F1.3.2.1.4 Title 29 Code of Federal Regulations, Section 1926 Construction Industry. 1.3.2.1.5 Title 29 Code of Federal Regulations, Section 1910.2 Access to Employee Exposure and Medical Records. 1.3.2.1.6 Title 29 Code of Federal Regulations, Section 1910.1200 Hazard Communication. 1.3.2.2 Environmental Protection Agency (EPA) 1.3.2.2.1 Title 40 Code of Federal Regulations, Part 61, Subparts A and M (Revised Subpart B)- National Emission Standard for Asbestos. 1.3.2.2.2 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. 1.3.2.2.3 Title 40 CFR Part 763 Subpart E, 763.80-763.99, and Appendices A and B titled, Asbestos Containing Materials in Schools" (AHERA rules) , July 1, 1992. 1.3.2.2.4 Title 40 CFR Part 763 Subpart E, Appendix C, titled, "Model Accreditation Plan" February 3,1994. 1.3.2.2.5 Title 40 CFR Part 763 Subpart E, Appendix B, titled, Work Practices and Engineering Controls for Small Scale, Short Durations Operations Maintenance and Repair(O&M) Activities Involving ACM", July 1, 1992. 1.3.2.2.6 Title 40 CFR Part 763, Subpart E, Appendix D, titled, "Transport and Disposal of Asbestos Waste" July 1, 1993. 1.3.2.2.7 Title 40 CFR Part 763, Subpart F,Appendix A, Section 1, Titled," Polarized Light Microscopy", July 1, 1992. 1.3.2.2.8 Title 40 CFR Part 763, Subpart E, Appendix A, titled, "Transmission Electron Microscopy Analytic Methods", July 1 1992. 1.3.2.2.9 Title 49 CFR Chapter 1, Part 172, Appendix A, Subchapter C, October 1, 1992, and Title 49 CFR Chapter 1, Part 172, Appendix A, Subpart H, October 1, 1992. ( The above regulations are required to be on the job site by the TDH ( 295.33 ). 1.3.2.3 (Include citations for any State or Local regulations that apply to any phase of the asbestos abatement (e.g. Licensing regulation, disposal requirements) r E 1.3.2.4 (Title of all other guidelines, codes, or documents with which the abatement Contractor must comply or be familiar.) 9 1.4 Submittals and Notices 1.4.1 Contractor shall: 1.4.1.1 Prior to Commencement of Work: 1.4.1.1.1 All projects regardless of size must have a notification sent to the Texas Department of Health (10) ten working days prior to the start of the project. It is the responsibility of the abatement contractor to send this notification. The building owner is responsible for the permit fee that is required by the Texas Department of Health unless there is a prior agreement with the owner. Provide Building Owner with a copy of the notification. 7 1.4.1.1.2 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). 1.4.1.1.3 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. 1.4.1.1.4 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. 1.4.1.1.5 Contractor should, after inspection of job site, submit in writing to the Owner any existing damage found. 1.4.1.1.6 Submit manufacturer's certification that the HEPA vacuum, negative pressure ventilation units and other local exhaust ventilation equipment conform to ANSI 29,2-79. i 1.4.1.1.7 Document NIOSH approvals for all respiratory protective devices utilized on the site. Include manufacturer certification of NEPA filtration capabilities for all cartridges and filters. 1.4.1.1.8 Submit documentation of respirator fit -testing for all Contractor employees and agents who must enter the work area. This fit -testing shall be in accordance with qualitative procedures as detailed in the OSHA Standard 29 CFR 1910.1025 Appendix D Qualitative Fit Text Protocol or be quantitative in nature. 1.4.1.1.9 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. 1.4.1.2 During Abatement Activities: 1.4.1.2.1 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. 1.4.1.2.2 Submit daily copies of worksite entry logbooks with information on worker and visitor access. 1.4.1.2.3 Submit logs documenting filter changes on respirators, NEPA vacuums, negative pressure ventilation units, and other engineering controls. 1.4.1.2.4 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). 1.4.1.2.5 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). 1.4.2 Owner Shall: 1.4.2.1 Prior to Commencement of Work: 1.4.2.1.1 Notify occupants of work areas that may be disrupted by the abatement of project dates and requirements for relocation. Arrangements must be made prior to start, for relocation of desks, files, equipment and personal possessions to avoid unauthorized access into the work area. 1.4.2.1.2 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). 1.4.2.2 During Abatement 1.4.2.2.1 Submit to the Contractor, results of bulk material analysis and air sampling data collected during the course of the abatement. 1.4.2.2.2 The Contractor will be responsible for personal air monitoring as required by OSHA for his employees. 1.4.2.2.3 The Owner will be responsible for furnishing a Project Manager/Air Monitoring Professional. This Project Manager will be in charge of all air monitoring as required by the Owner. He will have the authority to stop work at any time he feels it necessary, because of failure of the Contractor to follow these specifications or regulations and for failure to provide safe working conditions. 1.5 Site Security 1.5.1 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. .., 1.5.2 Entry into the work area by unauthorized individuals shall be reported immediately to the Building Owner and the project manager by the Contractor. �- 1.5.2.1 In addition to the above log book each worker or each licensee on the project must keep a daily record of his or her activities (TDH Regulations 295.58 (d)). 1.5.3 A Log book shall be maintained in the clean -room area of the worker decontamination system. Anyone who enters the work area must record name, affiliation, time in and time out for each entry. 1.5.4 Access to the work area shall be through a single worker decontamination system located at (designated location at the worksite). All other means of access (Doors, windows, hallways, etc.) shall be blocked or locked so as to prevent entry to or exit from the work area. The only exceptions for this rule are the waste pass -out airlock which shall be sealed except during the removal of containerized asbestos waste from the work area, and emergency exits in the case of fire or accident. Emergency exits shall NOT be locked from the inside, however, they shall be sealed with polyethylene sheeting and tape until needed. Emergency exit shall have a sign. 1.5.5 Contractor should have control of site security during abatement operations whenever possible, in order to protect work efforts and equipment. 1.5.6 Contractor will have Owner's assistance in notifying building occupants of impending activity and enforcement of restricted access by Owner's employees. 1.6 Emergency Planning 1.6.1 Emergency planning shall be developed prior to abatement initiation and agreed to by Contractor and Owner. 1.6.2 Emergency procedures shall be in written form and prominently posted in the clean change area and equipment room of the worker decontamination area. Everyone, prior to entering the work area, must read and sign these procedures to acknowledge receipt and understanding of work site layout, location of emergency exits and emergency procedures. 1.6.3 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. 1.6.4 Emergency planning shall include considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, confined spaces and heat related injury. Written procedures shall be developed and employee training in procedures shall be provided. 1.6.5 Employees shall be trained in evacuation procedures in the event of workplace emergencies. 1.6.5.1 For non life-threatening situations, employees injured or otherwise incapacitated shall decontaminate following normal procedures with assistance from fellow workers if necessary, before exiting the work place to obtain proper medical treatment. 1.6.5.2 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. 1.6.6 Telephone numbers of all emergency response personnel shall be prominently posted in the clean change area and equipment room, along with the location of the nearest telephone. 1.6.7 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. 1.7 Pre -Start Meeting 1.7.1 The successful Bidder shall attend a pre -start job meeting. Attending this meeting will be representatives of the Owner and the Owner's agents along with testing/monitoring personnel (e.g. Asbestos Project Manager, Air sampling Professional) who will actually "' participate in the Owner's testing/monitoring program. 1.7.2 The Contractor and supervisory personnel who will provide on-site direction of the pa a abatement activities must attend. 1.7.3 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: 1.7.3.1 Preparation of work area. 1.7.3.2 Personnel protective equipment including respiratory protection and protective clothing. 1.7.3.3 Employees who will participate in the project, including delineation of experience, training, and assigned responsibilities during the project. 1.7.3.4 Decontamination procedures for personnel, work area and equipment. 1.7.3.5 Abatement methods and procedures to be utilized. 1.7.3.6 Required air monitoring procedures. 1.7.3.7 Procedures for handling and disposing of waste materials. 1.7.3.8 Procedures for final decontamination and cleanup. 1.7.3.9 A sequence of work and performance schedule. 1.7.3.10 Procedures for dealing with heat stress. F 1.7.3.11 Emergency procedures. D .1.7.3.12 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 1.6, 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. 1.7.2.13 The contractor shall submit the name of the project supervisor, (THIS SUPERVISOR CANNOT BE REPLACED WITHOUT PRIOR NOTIFICATION AND APPROVAL OF THE PROJECT MANAGER). The project manager is to be present at all times. He is to see that there is someone to maintain the containment at all times. PART 2 MATERIAL AND EQUIPMENT 2.1 Materials 2. 1.1 General (all abatement projects). 2.1.1.1 Deliver all materials in the original packages, containers or bundles bearing the name of the manufacturer and the brand name. 2.1.1.2 Store all materials subject to damage off the ground away from wet or damp surfaces and under cover sufficient enough to prevent damage or contamination. Replacement materials shall be stored outside of the work area until abatement is completed. 2.1.1.3 Damaged, deteriorating or previously used materials shall not be used and shall be removed from the worksite and disposed of properly. 2.1.1.4 Polyethylene sheeting for walls and stationary objects shall be a minimum of 4 -mil thick. For floors and all other uses sheeting of at least 6 -mil thickness shall be used in widths selected to minimize the frequency of joints. 2.1.1.5 Method of attaching polyethylene sheeting shall be agreed upon in advance by the Contractor and Building Owner and selected to minimize damage to equipment and surfaces. Method of attachment may include any combination of duct tape or other waterproof tape, furring strips, spray glue, staples, nails, screws or other effective procedures capable of sealing polyethylene to dissimilar finished or unfinished surfaces under both wet and dry conditions (including the use of amended water). 2.1.1.6 Polyethylene sheeting utilized for worker decontamination enclosure shall be opaque white or black in color. 2.1.1.7 Sufficient protection should be placed under scaffold legs to prevent damage to the floor covering. Also extra protection should be used if scaffold legs come in contact with the seats. 2.1.1.8 Disposal bags shall be of 6 -mil polyethylene, pre- printed with labels as required by EPA regulation 40 CFR 61. 152 (b) (i) (iv) or OSHA requirement 29 CFR 1910.1001 (g) (2) (u)• 2.1.1.9 Disposal drums shall be metal or fiberboard with locking ring tops. 2.1.1.10 Stick -on labels as per EPA or OSHA requirements (see 2.1.2.7) for disposal drums. 2.1.1.11 Warning sign as required by OSHA 29 CFR 1910-1001(g) (i) (ii) or proposed in 29 CFR 19 10. 100 1 Asbestos Proposed Rule, Federal Register and Vol. 49, Tuesday April 10, 1984 (recommended). 2.1.2 Removal 2.1.2.1 Surfactant (wetting agent) shall be a 50/50 mixture of polyoxyethlyene ether and polyoxyethylene ester, or equivalent, mixed in a proportion of 1 fluid ounce to 5 gallons of water or as specified by manufacturer. ( An equivalent surfactant shall. be understood to mean a material with a surface tension of 29 dynes/cm as tested in its properly mixed concentration using ASTM method D1331-56- "Surface and Interfacial Tension of Solutions of Surface Active Agents") Where work area temperature may cause freezing of the amended water solution, the addition of ethylene glycol in amounts sufficient to prevent freezing is permitted. j" 2.1.2.2 After removal a lock down spray must be used to contain any fiber remaining !! imbedded in the substrate. Care must be taken to cover the entire work area completely. 2.1.2.3 Additional materials as necessary for removal, as specified in 2.1.2. 2.2 Equipment 2.2.1 General (all abatement projects) I 2.2.1.1 A sufficient quantity of negative pressure ventilation units equipped with NEPA filtration and operated in accordance with ANSI 29.2.79 (local exhaust ventilation requirements) and EPA guidance document EPA 560/5-83-002 Guidance for controlling Friable Asbestos -Containing Materials in Building Appendix F: Recommended Specifications and Operating Procedures for the Use of Negative Pressure Systems for Asbestos Abatement shall be utilized so as to provide one work place AIR CHANGE EVERY 15 MINLTI'ES. To calculate total air flow requirement: Total ft. 3 /min --Vol. of work area (in ft. 3) To calculate the number of units needed for the abatement: Number of units needed= (total cu. ft./min) (capacity of unit in cu. ft./min) If air -supplied respirators are utilized, estimate the volume of supplied air and add to work place air volume when calculating ventilation requirements. For small enclosures and glove bags, a HEPA filtered vacuum system may be utilized to provide negative air pressure. 2.2.1.2 Type "C" air supplied respirators in positive pressure or pressure demand mode with full face piece and NEPA 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 NEPA 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 (TEPA) filters may be utilized during work area preparation activities. (See Section 3.3.2.3.) Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear fiill face piece respirators. Respirators shall be provided that have been tested and approved by the National Institute of Occupational Safety and Health for use in asbestos contaminated atmospheres air volumes and pressures to accommodate respirator manufacturer's specifications. The compressed air systems shall have a receiver of adequate capacity to allow escape of all respirator wearers from contaminated areas in the event of compressor failure. Compressors must meet the requirements of 29 CFR 1910.134 (d). Compressors must have an in-line carbon monoxide monitor and periodic inspection of the carbon monoxide monitor must be evidenced. Documentation of adequacy of compressed air systems/respiratory protection system must be retained on site. This documentation will include a list of compatible components with the maximum number and type of respirators that may be used with the system. Periodic testing of 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 2.2.1.6) 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. equipment a hard hats, meeting the requirements of ANSI L 2.2.1.4 Additional .safety equip (•g• g e9 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 f PVC gloves), as necessary shall be provided to all workers and authorized visitors. 2.2.1.5 Non -Skid footwear shall be provided to all abatement workers. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. 2.2.1.6 A sufficient supply of disposable mops, rags and sponges for work area decontamination shall be available. 2.2.2 Removal 2.2.2.1 A sufficient supply of scaffolds, ladders, lifts, and hand tools (e.g. scraper, wire cutters, brushes, utility knives, wire saws, etc.) shall be provided as needed. 2.2.2.2 Sprayers with pumps capable of providing 500 pounds per square inch (psi) at the nozzle tip at a flow rate of 2 gallons per minute for spraying amended water. 2.2.2.3 Rubber dustpans and rubber squeegees shall be provided for cleanup. 2.2.2.4 Brushes utilized for removing loose asbestos containing material shall have nylon or fiber bristles, not metal. 2.2.2.5 A sufficient supply of NEPA filtered vacuum systems shall be available during cleanup. 2.2.3 Enclosure r., 2.2.3.1 (Specify tools to be used to install enclosure supports and enclosures.) Hand tools equipped with HEPA filtered local exhaust ventilation shall be utilized during the installation of enclosures and supports if there is any need to disturb asbestos containing +•• materials during this process. (As an alternative asbestos material may be partially removed following proper removal procedures prior to the installation of supports and enclosures). 2.3 Substitutions 2.3.1 Approval Required: 7' cleaning of ductwork may sometime be accomplished by drawing high volumes of air through the system using the NEPA filtered negative pressure ventilation units) Investigate the work area and agree on pre -abatement condition with the Building Owner. Seal all intake and exhaust vents in the work area with tape and 6 mil polyethylene. Also seal any seams in system components that pass through the work area. Remove all HVAC filters and place in labeled 6 -mil polyethylene bags for staging and eventual disposal as asbestos contaminated waste. 3.1.1.4 The Contractor shall provide sanitary facilities for abatement personnel outside of the enclosed work area and maintain them in a clean and sanitary condition throughout the project. 3.1.1.5 The Owner will provide water for construction purposes. Contractor shall connect to existing Owner system. 3.1.1.6 Pre -clean all movable objects within the work area using a NEPA filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects shall be removed from the work area and carefully stored in an uncontaminated location. (Carpeting, drapes, clothing, upholstered furniture and other fabric items may be disposed of as asbestos contaminated waste or cleaned as asbestos contaminated items utilizing NEPA vacuum techniques and off- premises steam cleaning. Since adequate cleaning of severely contaminated fabric is difficult, the Building Owner or project manager must carefully consider whether this option is an appropriate one. 3.1.1.7 Pre -clean all fixed objects in the work area using HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where access may be difficult. After pre -cleaning, enclose fixed objects in 4 -mil polyethylene sheeting and seal securely in place with tape. 3.1.1.8 Pre -clean all surfaces in the work area using NEPA filtered vacuums and/or wet cleaning methods as appropriate. Do not use any methods that would raise dust such as dry sweeping or vacuuming with equipment not equipped with NEPA filters. Do not disturb asbestos containing materials during the pre -cleaning phase. 3.1.1.9 Seal off all windows, doorways, elevator opening, corridor entrances, drains, _ ducts, grills, grates, diffusers skylights and any other openings between the work area and _ uncontaminated areas outside of the work area (including the outside of the building, tunnels and crawl spaces) with 4 -mil polyethylene sheeting and tape (see Section 3.1.4 - Isolation work area from occupied areas). 3.1.1.10 Cover floors in the work area with polyethylene 7 , , cleaning of ductwork may sometime be accomplished by drawing high volumes of air through the system using the NEPA filtered negative pressure ventilation units) Investigate the work area and agree on pre -abatement condition with the Building Owner. Seal all intake and exhaust vents in the work area with tape and 6 mil polyethylene. Also seal any seams in system components that pass through the work area. Remove all HVAC filters and place in labeled 6 -mil polyethylene bags for staging and eventual disposal as asbestos contaminated waste. 3.1.1.4 The Contractor shall provide sanitary facilities for abatement personnel outside of the enclosed work area and maintain them in a clean and sanitary condition throughout the project. 3.1.1.5 The Owner will provide water for construction purposes. Contractor shall connect to existing Owner system. 3.1.1.6 Pre -clean all movable objects within the work area using a NEPA filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects shall be removed from the work area and carefully stored in an uncontaminated location. (Carpeting, drapes, clothing, upholstered furniture and other fabric items may be disposed of as asbestos contaminated waste or cleaned as asbestos contaminated items utilizing NEPA vacuum techniques and off- premises steam cleaning. Since adequate cleaning of severely contaminated fabric is difficult, the Building Owner or project manager must carefully consider whether this option is an appropriate one. 3.1.1.7 Pre -clean all fixed objects in the work area using NEPA filtered vacuum and/or wet cleaning techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where access may be difficult. After pre -cleaning, enclose fixed objects in 4 -mil polyethylene sheeting and seal securely in place with tape. j 3.1.1.8 Pre -clean all surfaces in the work area using NEPA filtered vacuums and/or wet cleaning methods as appropriate. Do not use any methods that would raise dust such as dry sweeping or vacuuming with equipment not equipped with NEPA filters. Do not disturb asbestos containing materials during the pre -cleaning phase. 3.1.1.9 Seal off all windows, doorways, elevator opening, corridor entrances, drains, ducts, grills, grates, diffusers skylights and any other openings between the work area and uncontaminated areas outside of the work area (including the outside of the building, tunnels and crawl spaces) with 4 -mil polyethylene sheeting and tape (see Section 3.1.4 - Isolation work area from occupied areas). 3.1.1.10 Cover floors in the work area with polyethylene 3.1.1.10.1 Floor shall be covered with two layers of 6 -mil (minimum) sheeting. Additional layers of sheeting may be utilized as drop cloths to aid in cleanup of bulk materials. 3.1.1.10.2 Plastic shall be sized to minimize seams. If the floor area necessitates seams, those on successive layers of sheeting shall be staggered to reduce the potential for water to penetrate to the flooring material. A distance of at least 6 feet between seams is sufficient. DO NOT locate any seams at wall/floor joints. 3.1.1.10.3 Floor sheeting shall extend at least 12" up the side walls of the work area. 3.1.1.10.4 Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of material. (Vinyl sheeting may be used for improved traction on floors). 3.1.1.11 Walls shall be covered with two layers of 4 mil polyethylene sheeting. 3.1.1.11.1 Plastic shall be sized to minimize seams. Seams shall be staggered and separated by a distance of at least 6 feet. 3.1.1.11.2 Wall sheeting shall overlap floor sheeting by at least 12 inches beyond the wall/floor joint to provide a better seal against water damage and for negative pressure. 3.1.1.11.3 Wall sheeting shall be secured adequately to prevent it from falling away from the walls. This will require additional support attachment when negative pressure ventilation systems are utilized. 3.1.2 Worker Decontamination Enclosure Systems 3.1.2.1 Worker decontamination enclosure systems shall be provided at all locations where workers will enter or exit the work area. One system at a single location for each contained work area is preferred. These systems may consist of existing rooms outside of the work area, if the layout is appropriate, that can be enclosed in plastic sheeting and are _ accessible from the work area. When this situation does not exist, enclosure systems may be constructed out of metal, wood or plastic support as appropriate. 3.1.2.2 Plans for construction, including materials and layout, shall be submitted as shop drawings and approved, in writing by the Building Owner prior to work initiation. Worker decontamination enclosure systems constructed at the work site shall utilize 6 mil opaque black or white polyethylene sheeting or other acceptable materials for privacy. 3.1.2.3 The worker decontamination enclosure system shall consist of at least a clean room, a shower room, and an equipment room, each separated from each other and from the work area by airlock. 3.1.2.4 Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through curtained doorways consisting of two sheets of overlapping polyethylene sheeting. One sheet shall be secured at the top and left side, the other sheet at the top and right side. Both sheets shall have weights attached to the bottom to insure that they hang straight and maintain a seal over the doorway when not in use. Doorway design, providing equivalent protection and acceptable to the Building; Owner may be utilized. 3.1.2.5 Access between any two rooms in the decontamination enclosure system shall be through an airlock with at least 3 feet separating each curtained doorway. Pathways into (from clean to contaminated) and out from (contaminated to clean) the work area shall be clearly designated. 3.1.2.6 Clean -room shall be sized to adequately accommodate the work crew. Benches shall be provided as well as hooks for hanging up street clothes. (Lockers may be provided for valuables, however, workers may be requested to secure valuables in their cars) Shelves for storing respirators shall also be provided in this area. Clean disposable clothing, replacement filters for respirators, towels and other necessary items shall be provided in adequate supply at the clean room. A location for posting shall also be provided in this area. Whenever possible, a lockable door shall be used to permit access into the clean room from outside the work area. Lighting, heat and electricity shall be provided as necessary for comfort. This space shall not be used for storage of tools, equipment or materials, (except as specifically designated) or as office 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 NEPA filtered vacuum and/or wet cleaning techniques as appropriate. Replacement filters (in sealed containers until used) for NEPA vacuums and negative pressure ventilation equipment, extra tools, containers of i 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 r.. 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. r' { 3.1.3 Waste container pass -out airlock (usually required only on large jobs) and emergency exits. 3.1.3.1 The waste container pass -out airlock shall be constructed at some location away from the worker decontamination enclosure system. Wherever possible, this shall be located where there is direct access from the work area to the outside of the building. 3.1.3.2 This airlock system shall consist of an airlock, a container staging area and another airlock with access to outside the work area. 3.1.3.3 The waste container pass -out airlock shall be constructed in similar fashion to the worker decontamination enclosure system using materials and airlock and curtain doorway design. 3.1.3.4 This airlock system SHALL NOT be used to enter or exit the work site.. 3.1.3.5 Emergency exits shall be established and clearly marked with duct tape arrows or other effective designations to permit easy location from anywhere within the work area. They shall be secured to prevent access from uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed with polyethylene sheeting which can be cut to permit egress if needed. These exits may be the worker decontamination enclosure, the waste pass -out airlock and/or other alternative exits satisfactory to fire officials. 3.1.4 Isolation of the work area from occupied areas of the building. (Building Owner must clearly identify all areas that will be occupied). 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. 3.1.4.2 Walls shall be constructed of wood or metal framing to support barriers in all openings larger than 4'x8'. 3.1.4.3 A sheeting material (plywood, drywall) of at least 3/8" thickness shall be applied to work side of barrier. 3.1.4.4 Cover both sides of partition with a double layer of 6 mil polyethylene sheeting with staggered joints and seal in place. 3.1.4.5 Caulk edges of partition at floor, ceiling, walls and fixtures to form an air tight seal. 3. 1.5 Maintenance of work place barriers and worker decontamination enclosure systems. 3.1.5.1 Following completion of the construction of all polyethylene barriers and decontamination system enclosures, allow overnight settling to insure that barriers will remain intact and secured to walls and fixtures before beginning actual abatement activities. 3.1.5.2 All polyethylene barriers inside the work place, in the worker decontamination enclosure system, in the waste container pass -out airlock and at partitions constructed to isolate the work area from occupied area shall be inspected at least twice daily, prior to the start of each day's abatement activities and following the completion of the day's abatement activities. Document inspections and observations in the daily project log. 3.1.5.3 Damage and defects in the enclosure system are to be repaired immediately upon discovery. 3.1.5.4 Use smoke tubes to test the effectiveness of the barrier system when directed by Building Owner. 3.1.5.5 At any time during the abatement activities after barriers have been erected, if visible material is observed outside of the work area or if damage occurs to barriers, work shall immediately stop, repairs be made to barriers, and debris/residue cleaned up using appropriate NEPA vacuuming and wet mopping procedures. 3.1.5.6 If air samples collected outside of the work area during abatement activities indicate airborne fiber concentrations 0.01 f/ec or greater, or per -measured background levels (which is lower) work shall immediately stop for inspection and repair of barriers. Cleanup of surfaces outside of the work area using NEPA vacuum or wet cleaning techniques may be necessary. 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 thru a NEPA filter to maintain a lower air pressure within the enclosure system than the outside air pressure. Openings made in the enclosure system to accommodate these units shall be made air tight with tape 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 Clearly identify and maintain emergency and fire exits from the work area. 3.1.7 Remove, clean and enclose in polyethylene the ceiling mounted objects such as lights and other items that may interfere with the abatement process and were not previously cleaned and sealed off. Utilize localized spraying of amended water and/or HEPA vacuum to reduce fiber dispersal during the removal of these fixtures. 3.1.8 Removal of building structural components, not used. 3.1.9 Commencement of work shall not occur until: 3.1.10 Enclosure systems have been constructed and tested. 3.1.10.1 Negative pressure ventilation systems are functioning adequately. 3.1.10.2 All pre -abatement submissions, notification, posting and permits have been provided and are satisfactory to the Building Owner ( see Section 1.6). 3.1.10.3 All equipment for abatement, clean-up and disposal are on hand. 3.1.10.4 All worker training (and certification) is completed. 3.1.10.5 Contractor receives written permission from Building Owner 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. 3.2 Work Place Entry and Exit Procedures 3.2.1 Personnel entry and exit. 3.2.1.1 All workers and authorized personnel shall enter the work area through the worker decontamination enclosure system. 3.2.1.2 All personnel who enter the work area must sign the entry log, located in the clean room, upon entry and exit. 3.2.1.3 All personnel before entering the work area, shall read and be familiar with all posted regulations, personal protection requirements (including work place entry and exit procedures) and emergency procedures. A sign -off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior to entry. 3.2.1.4 All personnel shall proceed first to the clean room, remove all street clothes and appropriately don respiratory protection (as deemed adequate for the job condition). And washable and/or disposable coveralls, head covering and foot covering. Hard hats, eye protection and gloves shall also be utilized if required. Clean respirators and protective clothing shall be provided and utilized by each person for EACH SEPARATE ENTRY into the work area. 3.2.1.5 Personnel wearing designated personal protective equipment shall proceed from the clean room through the shower room and equipment room to the main work area. 3.2.1.6 Before leaving the work area all personnel shall remove gross contamination from the outside of respirators and protective clothing by brushing and/or wet wiping procedures. (Small NEPA vacuums with brush attachments may be utilized for this purpose, however, larger machines may tear the suits) Each person shall clean bottoms of protective footwear in the walk -off pan just prior to entering the equipment room. 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.) r 3.2.1.9 Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the respirators and the face area under running water prior to removal of respirator and shower and shampoo to remove residual asbestos contamination. Various types of respirators will require slight modification of these procedures. An airline respirator with NEPA filtered disconnect protection may be disconnected in the equipment room and worn into the shower. A powered air -purifying respirator face -piece will have to be disconnected from the filter/power pack assembly which is not waterproof, upon entering the shower. A dual cartridge respirator may be wom into the shower. Cartridges must be replaced for each new entry into the work area. 3.2. 10 After showering and drying off, proceed to the clean room and don clean 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. 3.2.11 These procedures shall be posted in the clean room and equipment room. 3.2.2 Waste container pass -out procedures. 3.2.2.1 Asbestos contaminated waste that has been containerized shall be transported out of the work area through the waste container pass -out airlock (or through the worker decontamination enclosure if a separate airlock has not be constructed). 3.2.2.2 Waste pass -out procedures shall utilize two teams of workers, an "inside" team and an 'outside" team. 3.2.2.3 The inside team wearing appropriate protective clothing and respirators for inside the work area shall clean the outside, including bottom, of properly labeled containers (bags, drums, or wrapped components) using NEPA vacuum and wet wiping techniques and transport them into the waste container pass -out airlock. No worker from the inside team shall further exit the work area through this airlock. 3.2.2.4 The outside team wearing protective clothing and appropriately assigned respirators, shall enter the airlock FROM OUTSIDE THE WORK AREA, enclose the drums in clean, labeled 6 mil polyethylene bags and remove them from the airlock to the outside. No worker from the outside team shall further enter the work area through this airlock. 3.2.2.5 The exit from this airlock shall be secured to prevent unauthorized entry. 3.3 Personnel Protection Requirements 3.3.1 Training 3.3. 1.1 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 in accordance with Part 4 Section 4.1 of this document. 3.3.1.2 Special on-site training on equipment and procedures unique to this job site shall be performed as required. 3.3.1.3 Training in emergency response and evacuation procedures shall be provided. 3.3.2 Respiratory Protection 3.3.2.1 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 clean room of the worker decontamination enclosure system. 3.3.2.2 Workers shall be provided with personally issued, individually identified (marked with waterproof designations) respirators. 3.3.2.3 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 PAPP, respirators with HEPA filters unless fiber concentration requires greater protection. Prep work that may disturbed the asbestos, and bag out it there is no removal activity may be done in 1/2 face dual NEPA filter respirators. These are the only exceptions to PAPR respirators unless approved by the project manager. 3.3.2.4 Fit testing 3.3.2.4.1 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 flow as specified by the manufacturer. 3.3.2.4.2 Workers shall be given a qualitative fit test in accordance with procedures detailed in the OSHA lead Standard (29 CFR 1910.1025,Appendix D Qualitative Fit Test Protocols) for all respirators to be used on this abatement project. An appropriately administered quantitative fit test may be substituted for the qualitative fit test. 3.3.2.4.3 Documentation of adequate respirator fit must be provided to the Building Owner. 3.3.2.5 No one wearing a beard shall be permitted to don a respirator and enter the work area. 3.3.2.6 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. 3.3.3 Protective Clothing. 3.3.3.1 Disposable clothing including head, foot and full body protection shall be provided in sufficient quantities and adequate sizes for all workers and authorized visitors. 3.3.3.2 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. 3.4 Removal Procedures. 3.4.1 Clean and isolate the work area in accordance with Section 3.1 3.4.2 Wet all asbestos containing material with an amended water solution using equipment capable of providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed. Saturate the material to the substrate, however, do not allow excessive water to accumulate in the work area. Keep all removed material wet enough to prevent fiber release until it can be containerized for disposal. If work area temperatures are below 32 F and amended water is subject to freezing, dry removal permits and procedures must be utilized (See 2.1.2.1) Maintain a high humidity in the work area by misting or spraying to assist in fiber settling and reduce airbome concentrations. Wetting procedures are not equally effective on all types of asbestos containing materials but, shall none -the -less be used in all cases. 3.4.3 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. 3.4.4 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 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. 3.4.5 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 clean drums and sealed with locking ring tops). 3.4.6 Large components removed intact may be wrapped in 2 layers of 6 mil polyethylene sheeting secured with tape for transport to the landfill. 3.4.7 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 G: for disposal. 3.4.8 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. k 3.4.9 Clean-up shall proceed in accordance with Section 3.7. 3.4. 10 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. 3.4.11 Special circumstances (e.g. live electrical equipment, high amosite content of material, materials previously coated with an encapsulate or paint) may prohibit the adequate use of wet methods to reduce 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. 3.5 Encapsulation Procedures. 3.5.1 Clean and isolate the work area in accordance with 3.1. 3.5.2 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 manufacturers recommended specifications. 3.5.3 Remove loose or hanging asbestos containing materials in accordance with the requirements of Section 3.4. Pa w is 3.6 Enclosure Procedures. 3.6.1 Clean and isolate the work area in accordance with Section 3.1. 3.6.2 Spray areas that will be disturbed during the installation of hangers or other support/framing materials for the enclosure with water containing the specified surfactant. Keep these areas damp to reduce airborne fiber concentrations. 3.6.3 Remove loose or hanging asbestos containing materials in accordance with the requirement of Section 3.4. 3.6.4 After installation of hangers and other fixing devices and before installation of enclosure, repair damaged areas of fire-proofing/thermal insulation materials as required using a non -asbestos containing replacement material. Prepare surfaces and apply replacement material in accordance with manufacturer's recommendations. 3.6.5 (Specify enclosure procedures) and include the following requirements: 3.6.5.1 Use hand tools equipped with HEPA filtered local exhaust ventilation to drill, cut into or otherwise disturb asbestos containing materials during the installation of support systems for the enclosures. (Alternatively, these areas of material could be removed prior to installation of supports) 3.6.5.2 Use materials that are impact resistant and that will provide an air -tight barrier once construction is complete. 3.6.5.3 Lower utilities as necessary and re -install in a manner which permits proper utilization and does not disturb the integrity of the enclosure. Utility maintenance should not require the enclosure to be opened or disturbed. ( If it does, an alternative abatement strategy is indicated) 3.6.6 Enclosed asbestos containing materials shall be designated appropriately (Specify format -sign, label, color code and frequency/location of indicators) in order to warn building maintenance personnel in the event that they are required to disturb the enclosure. 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. 3.7.2 Wet clean all surfaces in the work area using rags, mops and sponges as — appropriate. r- 3.7.3 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. 3.7.4 After cleaning the work area, wait at least 24 hours to allow fibers to settle and NEPA vacuum and wet clean all objects and surfaces in the work area again. 3.7.5 Remove all containerized waste from the work area and waste container pass -out airlock. 3.7.6 Decontaminate all tools and equipment and remove at the appropriate time in the cleaning sequence. 3.7.7 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. 3.7.8 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. Additional cleaning cycles shall be provided, as necessary, at no cost to the Building Owner until these criteria have been met. 3.7.9 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 Clearance Air Monitoring 3.8.1 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 ARRA guidelines. 3.8.2 Samples shall be taken following E.P.A. guidelines. Negative pressure ventilation units shall NOT be shut down until final clearance is achieved. 3.8.3 Final air samples shall be analyzed by PCM. Should the first set fail the contractor will completely re -clean the area and a second set of finals will be taken. The cost of these additional samples will be paid for by the contractor. 3.8.4 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. 3.8.5 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. 3.8.6 Final air samples shall be analyzed by PCM, samples taken during the course of the project as well as back ground samples will be analyzed by PCM. 3.8.7 All samples at all locations shall indicate concentrations of airborne fibers less than 0.01 flcc for release of the work area. 3.8.8 Areas exceeding this level shall be re -cleaned using procedures in Section 3.7 and re -tested until satisfactory levels are obtained. 3.8.9 Cost of re -testing shall be borne by the Contractor. 3.9 Disposal Procedures 3.9.1 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. 3.9.2 Disposal must occur at an authorized ' site in accordance with regulatory requirements of NESHAP and applicable State and Local guidelines and regulations 3.9.3 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. 3.9.4 Transportation to the landfill 3.9.4.1 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. 3.9.4.2 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. 3.9.4.3 The enclosed cargo area of the truck shall be free of debris and lined with 6 mil polyethylene sheeting to prevent contamination from leaking or spilled containers.. Floor sheeting shall be installed first and extended up the side walls. Wall sheeting shall be overlapped and taped into place. 3.9.4.4 Drums shall be placed on level surfaces in the cargo area and packed tightly together to prevent shifting and tipping. Large structural components shall be secured to prevent shifting and bags placed on top. Do not throw containers into truck cargo area. l 3.9.4.5 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. E 3.9.4.6 Any debris or residue observed on containers or surface outside of the work area -up or disposal activities shall be immediately cleaned -up using NEPA resulting from clean filtered vacuum equipment and/or wet methods as appropriate. 3.9.4.7 Large metal dumpsters are sometimes used for asbestos waste disposal. These should have doors or tops that can be closed and locked to prevent vandalism or other disturbance of the bagged asbestos debris and wind dispersion of asbestos fibers. Un - bagged material shall not be placed in these containers, nor shall it be used for non - asbestos waste. Bags shall be placed, not thrown into containers to avoid splitting. 3.9.5 Disposal at the landfill 3.9.5.1 Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading of the asbestos containing waste. 3.9.5.2 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.) 3.9.5.3 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). 3.9.5.4 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. 3.9.5.5 Following the removal of all containerized waste, the truck cargo area shall be decontaminated using NEPA vacuums and/or wet methods to meet the no visible residue criteria. Polyethylene sheeting shall be removed and discarded along with contaminated cleaning materials and protective clothing, in bags or drums at the disposal site. 3.9.5.6 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. 3.10 Re-establishment of the Work Area and Systems. 3.10.1 Re-establishment of the work area shall only occur following the completion of clean-up procedures and after clearance air monitoring has been performed and documented to the satisfaction of the Building Owner. 3.10.2 Polyethylene barriers shall be removed from walls and floors at this time, maintaining decontamination enclosure systems and barriers over doors, windows, etc. as required. 3.10.3 The Contractor and Owner shall visually inspect the work area for any remaining visible residue. Evidence of contamination will necessitate additional cleaning requirements in accordance with Section 3.7. 3.10.4 Additional air monitoring shall be performed in accordance with Section 3.9 if additional clean-up is necessary. 3.10.5 Following satisfactory clearance of the work area, remaining polyethylene barriers may be removed and disposed of as asbestos contaminated waste. 3.10.6 At the discretion of the Contractor, mandatory requirement for personal protective equipment may be waived following the removal of all barriers. 3.10.7 Re -secure mounted objects removed from their former positions during area preparation activities. 3.10.8 Relocate objects that were removed to temporary locations back to their original positions. 3.10.9 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 NEPA vacuums and wet cleaning techniques. Install new filters in HVAC systems. Dispose of old filters. 3.10.10 Repair all areas of damage that occurred as a result of abatement activities. PART 4: SUPPORT ACTIVITIES AND PERSONNEL 4.1 Training r-. F 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. 4.1.2.1 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. 4.1.2.2 All workers must have received the required medical examination. 4.1.2.3 All workers must be trained in the proper use of the type of respirators used on this job. 4.1.2.4 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. 4.1.2.5 Special safety hazards that may be encountered including electrical hazards, air contaminant, wetting agents, encapsulants, materials from Owner's operation, fire and explosion hazards, scaffold and ladder hazards, slippery surfaces, confined spaces, heat stress and noise. 4.1.2.6 Workshops affording both supervisory personnel and abatement workers the opportunity to see the construction of containment barriers and decontamination facilities. 4.1.2.7 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. 4.1.3 Training must be provided by individuals qualified by virtue of experience and education to discuss the topic areas in 4.2. 4.1.4 Training is to have occurred within 12 months prior to the initiation of abatement activities. 4.1.5 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). 4.2.2 Medical monitoring shall include at a minimum: 4.2.2.1 A work/medical history to elicit symptomatology of respiratory disease. 4.2.2.2 A chest x-ray (posterior-anterior, 14x13 inches) evaluated by a certified B-reader.