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R-00-06-22-11B4 - 6/22/2000APP CITY CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT SOUTH MAYS ASBESTOS ABATEMENT PROJECT JUNE 2000 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS VED B SPECIFICATIONS ASBESTOS ABATEMENT PROJECT 100 - 103 Belaire Drive 100 - 103 Fairlane Drive Round Rock, Texas CEI Project N 2839 -GAM Prepared for: City of Round Rock Round Rock, Texas June 2, 2000 A. Denese Huntsberry, R. E. Individual Asbestos Consultant Texas Department of Health License N° 10 -5640 Expiration Date: December 9, 2000 Asbestos Consultant Agency Texas Department of Health License Na 10 -0005 Asbestos Laboratory Texas Department of Health License N ® Clean Environments, Inc. industrial Hygiene & Environmental Engineering Consultants 10803 Gulfdale, Suite 210 • San Antonio, Texas 78216 210/349-7242 • Fax 210/349 -1132 TABLE OF CONTENTS ASBESTOS ABATEMENT AND DEMOLITION PROJECT #28089701 CITY OF ROUND ROCK ROUND ROCK, TEXAS JUNE 22, 2000 TITLE PAGE 1 PAGE TABLE OF CONTENTS 1 PAGE PART ZERO -BID DOCUMENTS SECTION 00100 - ADVERTISEMENT FOR BIDS 1 PAGE SECTION 00200 - INSTRUCTIONS TO BIDDERS 7 PAGES SECTION 00300 -131D FORM 7 PAGES SECTION 00400 - OWNER - CONTRACTOR AGREEMENT FORMS 2 PAGES SECTION 00500 - BONDS AND CERTIFICATE 1 PAGE SECTION 00510 - BID BOND FORM 2 PAGES SECTION 00520 - PERFORMANCE, LABOR & MATERIAL PAYMENT BOND FORMS 7 PAGES SECTION 00600 - INDEMNITY AND INSURANCE 6 PAGES SECTION 00700 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 39 PAGES SECTION 00800 - SUPPLEMENTAL CONDITIONS 13 PAGES SECTION 00900 - TECHNICAL SPECIFICATIONS 5 PAGES PART ONE - ABATEMENT SPECIFICATIONS SECTION 1000 - SUMMARY OF WORK 8 PAGES SECTION 2000 - PROJECT MANUAL 91 PAGES PART ZERO BID DOCUMENTS Section 00100- Advertisement tor Bids Page 1 of 1 SECTION 00100 -- ADVERTISEMENT FOR BIDS ASBESTOS ABATEMENT AT 100, 101, 103 BELAIRE DRIVE & 100, 101, 102, & 103 FAIRLANE DRIVE CITY OF ROUND ROCK ROUND ROCK, TEXAS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 E. Main, Round Rock, Texas 78664 -5299, for: PROJECT: will be received until 2:00 p.m., Tuesday, June 13, 2000, then publicly opened and read at City Council Chambers, 1st Floor at 221 E. Main, Round Rock, Texas. Copies of specifications and other contract documents are available for public inspection and distribution at the office of Environmental Solutions & Analysis, Inc., 1713 Possum Trot, Round Rock, Texas 78681, or by calling Shorty Kessler @ 5121388 -4269. Contractors will be required to bid asbestos abatement by providing a minimum of FOUR (4) Abatement Crews working simultaneously on Fairlane Drive and subsequently THREE (3) Abatement Crews working simultaneously on Belaire Drive. Contractors may obtain one (1) complete set of documents with a $25.00 non - refundable fee. Checks are to be written to Environmental Solutions & Analysis, Inc. Printed plans and specifications remain the property of the City of Round Rock. A five percent (5 %) bid bond is required. Performance and payment bonds in the amount of 100 percent (100 %) of the total bid amounts will be required as stated in the contract documents. If the total contract price is Tess than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. PRE- BIDCONFERENCE: Asbestos Abatement 100, 101, 103 BELAIRE DRIVE & 100, 101, 102, & 103 FAIRLANE DRIVE Round Rock, Texas MANDATORYATTENDANCE 1:00 p.m., Wednesday, June 7, 2000 @ the residence address of 100 Fairlane Drive Bidders are required to attend. Bids shall be valid for a period of not Tess than sixty (60) days from the date of the bid opening. The Owner reserves the right to reject any or all bids, to waive any formalities of the bidding and to require evidence of qualification for prime bidders and listed sub - contractors to include financial statements. END OF SECTION Section 002004nstructions to Bidders Page 1 017 SECTION 00200 -- INSTRUCTIONS TO BIDDERS I. GENERAL INFORMATION 1.2 Refer to the Advertisement for Bids for information relating to time, date, and place for receipt of proposals, and other pertinent bidding information. 1.2 The Owner, the Contractor and the Engineer and those persons or organizations Identified as such in the Agreement and are referred to throughout the contract Documents as if singular in number and masculine in gender. The term Engineer shall be understood to be the Engineer, Consultant, or his duly authorized representative. II. BIDS 2.1 At the residences located at 100, 101, & 103 Belaire Drive and 100, 101, 102, & 103 Fairlane Drive. In general, the work comprises fumishing and installing all material and labor necessary for the abatement of asbestos containing material from the spaces as described. Resilient sheet flooring and mastic, Wallboard tape & float and wall texture, 12x12 floor tiles and mastic, and Spray -On Texture as further descibed by the proposed Contract Documents prepared by Environmental Solutions & Analysis, Inc. (ES&A) & Clean Environments, Inc. (CLEAN). 2.2 The bidder shall review all of the proposed Contract Documents to ascertain all requirements of the work. HL EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL, PROVISIONS AND SITE WORK 3.1 The bidder shall examine carefully the site of the proposed work, the proposal, drawings, specifications, and contract forms before submitting a bid. The submission of a bid shall be an admission that the bidder has made such an examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements and accuracy of the plans, specifications, special provisions, and terms of the contract. ALL SQUARE FOOTAGE REPORTED ON THE INVENTORY AND ASSESSMENTS IN THE ABATEMENT SPECIFICATIONS ARE ESTIMATES TO THE BEST OF ES &A'S KNOWLEDGE AND ABILITY. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY SQUARE FOOTAGE PRIOR TO SUBMITTING A PROPOSAL TO THE OWNER. 3.2 All documents furnished to any person, under any condition, remain the property of the Consultant, and shall be retumed immediately upon request 3.3 ONLY FULL SETS OF BIDDING DOCUMENTS WILL BE ISSUED. 3.4 Documents may be obtained upon the conditions set forth in the Advertisement for Bids. IV. METHOD OF CLARIFICATION 4.1 Any bidder in doubt as to the true meaning of any part of the drawings, specifications, or the documents may submit to the Consultant a written request for an interpretation thereof. The bidder submitting the request will be responsible for its prompt delivery not less than ten (I 0) working days prior to the date set for opening of proposals. 4.2 Questions which, in the opinion of the Consultant, require a reply will be answered by issuing an addendum to all plan holders prior to the bid opening. The Owner will not be responsible for any other explanation or interpretation of the drawings, specifications or other documents made or given prior to the bid opening. Section 00200-instructions to Bidders Page 2 of 7 V. PREPARATION OF BIDS 5.1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque, sealed envelope, marked as follows: A. ProjectTitie B. Project Number C. Bidder's Name, Address, Telephone Number D. Person to contact conceming the Bid 5.2 Bid submittal shall include all required documents, except that bidders who have current documents on file with the CONSULTANT need not submit duplicates with the bid. 5.3 It is the Bidder's responsibility to verify the status of documents on file with the CONSULTANT and to maintain current documents. Incomplete bid submittals may be rejected. The apparent successful Bidder shall submit copies of all required documents to the OWNER within seven (7) days after Bid opening. 5.4 If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 5.5 The bid form will provide for a quotation of a price, or prices, for one or more items. which may be lump sum bids, altemate prices, scheduled items, resulting in a bid on a unit of construction or a combination thereof. Where required on the bid form, bidders must quote on all items and they are wamed that failure to do so shall disqualify the bid. 5.6 If erasures or other changes appear on the forms, each such erasure or change must be initialed by the person signing the bid. 5.7 Bids may be rejected it they show any omissions, alteration of the forms, additions not called for, conditional or altemate bids not called for or irregularities of any kind. 5.8 Each bid shall specify a lump sum price, typed or written in ink in both words and figures for each bid item called for. In case of discrepancies between the written words and figures, the written words shall govem. VI. BID GUARANTEE 6.1 Each bid shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety or sureties, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 15.5 below, within ten (10) days after notice of award of contract to him.. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. All bid securities will be retumed to the respective bidders within twenty -five (25) days after bids are opened, except for those which the Owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be retumed within sixty (60) days. VII. ALTERNATIVES 7.1 The bidder shall include in the spaces provided on the "Bid Form" a bid for each altemative. The Owner may accept altematives in any order or number and include them in the contract award price. VIII. UNIT PRICES 8.1 The bidder shall include in the spaces provided on the °Bid Form" a bid for each unit price. The Owner may accept any or all of these unit prices and include them in the contract award price. Section 00200-Instructions to Bidders Page 3 of 7 DI- ALLOWANCES 9.1 The bidder shall include in the spaces provided on the "Bid Form" a bid for each allowance(s). X. NONDISCRIMINATION 10.1 No bidder on any contract may discriminate on the basis of race, color, religion, national origin, ancestry, age, sex, marital status, handicap, or change in marital status in employment, provision of services or otherwise. All successful bidders shall take affirmative action to insure such nondiscrimination. All successful bidders must agree to post in conspicuous places, available to employees and applicants for employment, notice selling forth the provisions of this nondiscrimination section and this section shall be deemed to be a part of every contract entered into by the Owner under these policies. XI. RECEIPT AND OPENING OF BIDS 11.1 Time of Opening -Bid shall be submitted prior to the time specified in the "Advertisement for Bids" and the exact date and time of receipt of the bids will be recorded. Late bids will not be considered, but will be held unopened until the time of the award and then retumed to the bidder, unless other disposition is requested or agreed to by the bidder. Time of receipt will be determined by the Owners clock. 11.2 Telegraphic/Telephonic Bids - Telegraphic - telephonic bids will not be considered. Modification by telegraph, of bids already submitted will be considered if received prior to the time fixed in the "Advertisement for Bids ". Telegraphic modifications shall not reveal the amount of the original or received bid. 11.3 Officer's Responsibility - No responsibility will attach to any officer or agent of the Owner for the premature opening of, or the failure to open a bid not properly addressed and identified. XII. WITHDRAWAL OF BIDS 12.1 Bids may be withdrawn on written or telegraphic request received from bidders prior to the time specified for opening. XIII. BIDDERS INTERESTED IN MORE THAN ONE BID 13.1 If more than one bid is offered by any party, by or in the name of his clerk, partner, or other person, all such bids will be rejected. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the work. XIV. REJECITON OF BIDS 14.1 The Owner reserves the right to reject any or all bids and to waive any informalities and irregularities in bidding or award of the contract. XV. AWARD OF CONTRACT 15.1 After Notice of Award to the Successful Bidder, the Successful Bidder shall submit to the OWNER at least three (3) signed counterparts of the Agreement with all other appropriate Contract Documents attached. The OWNER will deliver all but two (2) fully executed counterparts to the Successful Bidder. A. BID SUBMITTAL: Required Documents Summary: 1. Bid Form (completed; refer to Section 00300) 2. Bid Bond (if required; refer to Section 00500) 3. Insurance Certificate (refer to Section 00500) 4. Detailed Project execution statement (Bid Form) Section 00200-instructions to Bidders Page 4 of 7 15.2 The following items are required to be submitted with the Bid Form except where current copies of same are on file in the office of the CONSULTANT: A. AIA A305 Contractors Qualification Statement B. General Superintendent and Foremen Certifications (Bid Form) C. Notarized Statement of Compliances (Bid Form) D. Description of Bidder's Total Volume of Asbestos Work (Bid Form) E. Description of Bidder's Work Force (Bid Form) F. Description of WorkerTraining (Bid Form) G. Description of Medical Surveillance Program (Bid Form) H. Description of Standard Personnel Protection (Bid Form) I. List of Equipment (Bid Form) J. List of Projects Underway (Bid Form) 15.3 Acceptance of the Bid - On all bids, action will be taken, within sixty (60) calendar days from date and time of opening. The acceptance of a bid will be a notice in writing signed by a duly authorized representative of the Owner and no other act of the Owner or its representative will constitute an acceptance of a bid. The acceptance of a bid shall bind the successful bidder to execute the contract and be responsible for liquidated damages as provided herein. 15.4 Amount of the Contract - The amount of the contract shall be understood to be the lump sum as given in the bid form. Where prices are given on altemative items, only the amounts of the alternates accepted by the Owner will be included in the total. 15.5 Execution of Contract A. By Contractor. The bidder whose bid is accepted shall execute the contract and acknowledgment and indemnification agreement, and furnish the required bonding and insurance within ten (10) days after presentation of the contract for signature. The performance and payment bond will be in the amount of one hundred percent (100 %) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. The contract shall be deemed to be executed, by the successful bidder, when five (5) copies of the contract and the acknowledgment and indemnification agreement, signed by an authorized officer of the corporation or company, and the required, proper bond and insurance required herein, are received by the Owner. Failure or neglect to execute the contract, and /or provide payment and performance bonds, within the time specified may constitute a breach of the agreement affecting the acceptance of the bid. The damages to the Owner for such a breach shall include loss from interference with the general Capital Improvements Program of the Owner, and other items whose accurate amount would be difficult or impossible to compute. The amount of the bid guarantee of the successful bidder who fails or neglects to execute the contract after proper notification of the acceptance of the bid, shall be retained by the Owner as liquidated damages for such breach. B. By Owner. Upon receipt of the above referenced five (5) copies executed by the Contractor including all required bonds and insurance certificates the properly authorized Owner representatives will execute the documents within ten (10) days. C. The Contract shall be deemed to be completely executed when five (5) copies thereof accompanied by the required acknowledge and indemnification agreement, bond, liability and other necessary Insurance, and signed by the Contractor, are executed by the Owner. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. Section 002004nstructions to Bidders Page 6 of 7 XVI. CONTRACTOR TO FURNISH PERFORMANCE AND LABOR AND MATERIAL PAYMENT BONDS 18.1 Each bond shall be in the full amount of the contract and shall be maintained in force during the continuance of this contract and shall be for the faithful performance of this contract in all respects, including but not limited to payments for all material, labor, etc., and no contract shall be binding until the said bond is fumished and approved by the Owner. No work may be commenced until the bonds have been approved by the Owner. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner, with approval prior to bid opening. All alterations, extensions of time, extra and additional work, and other charges authorized by the Contract Documents may be made without secumg the consent of surety or sureties of the contract bond. Power of Attomey for the official signing the bond for the surety company must be submitted with the bond. 16.2 If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. XVII. GUARANTEE 17.1 Whether or not there appears here or elsewhere herein specific reference to guarantees of all items of materials equipment, or workmanship, they nevertheless shall be so guaranteed against defects for which the Contractor is responsible that may develop or become evident within a period of one (1) year from and after SUBSTANTIAL COMPLETION of the work by the Owner. This guarantee shall be understood to imply prompt attention to any remedy of such defects as those mentioned above if, and as soon as they occur, after the Contractor shall have written notice of their existence. If the defect, in the opinion of the Owner, is of such nature as to demand immediate repair, the Owner shall have the right to make them and the cost thereof shall be borne by the Contractor. 17.2 To support the above guarantee the Contractor's Contract. performance and labor and material payment bond shall remain in full force and effect for the one (1) year following the SUBSTANTIAL COMPLETION of the Work by the Owner. The bond shall be executed by a surety company authorized to do business within the State and it is subject to the approval of the Owner. XVIII. SUBCONTRACTORS 18.1 Subcontractors shall be listed on the Bid Form as indicated. Subcontractors shall be required to provide proof of insurance same as required of the Contractor. 18.2 Such list shall be supplemented by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor if requested by the OWNER or CONSULTANT within seven (7) days after the Bid Opening. 18.3 If the OWNER or CONSULTANT, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in bid price. If the apparent Successful Bidder declines to make any such substitution, the OWNER reserves the night to refuse contract award to such Bidder. Any Subcontractor, other person or organization so listed and to whom the OWNER or CONSULTANT does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the OWNER and CONSULTANT. 18.4 No CONTRACTOR will be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 00200anstructions to Bidders Page B of 7 XIX. BASIS OF AWARD 19.1 It is the Owner's intention to award a contract to the lowest responsive and responsible bidder, including altemates and unit prices accepted by the Owner at time of award. 19.2 The unit prices listed in the Bid Proposal Sheet will be evaluated in determining the lowest responsive and responsible bidder. 19.3 Bids will be submitted on the entire contract, including all work shown specified, described in the contract documents. XX. PROGRESS PAYMENTS 20.1 The Owner will retain five (5) percent of the amount of all Progress Payments until the Work is finally completed and accepted, whether or not the Owner has accepted any or all of the Project before such time. XXI. DEFINED TERMS 21.1 Terms used in these Instructions to Bidders are defined in the General Conditions of the Construction Contract. XXII. COPIES OF BIDDING DOCUMENTS 22.1 Complete set of the Bidding Documents is available from the CONSULTANT (unless another issuing office is designated in the Advertisement or Invitation to Bid). A non - refundable charge of $25.00 will be required to obtain a copy of the Bidding Documents. 22.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither the OWNER nor CONSULTANT assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 22.3 The OWNER and CONSULTANT in making copies of Bidding Documents available do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. XXIII. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 23.1 Before submitting a Bid, each Bidder must examine the Contract Documents thoroughly, visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, and familiarize himself with federal, state, and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, and satisfy himself that the work can be completed as set forth in the Contract Documents. 23.2 Each Bidder shall, at his own expense, make such additional investigations as he may deem necessary to determine his Bid for performance of the Work in accordance with terms and conditions of the Contract Documents. 23.3 Study and carefully correlate Bidder's observations with the Contract Documents. 23.4 On request, the OWNER will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. 23.5 Trips for the purpose of site inspections shall be made by appointment through the CONSULTANT. NO UNSCHEDULED INSPECTIONS WILL BE ALLOWED. 23.6 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this specification and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. END OF SECTION Section 00200- InstnutIons to Bidders Page 7 of 7 XXtV. INTERPRETATION 24.1 Questions about the meaning or intent of the Contract Documents shall be submitted to the CONSULTANT. Replies will be issued by Addenda mailed or delivered to parties recorded by the CONSULTANT as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or Clarifications will be without legal effect. XXV. LIQUIDATED DAMAGES 25.1 Provisions for liquidated damages will be set forth in the Agreement as follows: Base Bid Item Number One All Containments $1,000.00 per calendar day for each calendar clay after the date of Project Completion until Substantial Completion of the Project. 25.2 These damages shall be waived if an extension of Project Completion is requested in writing by the Contractor and subsequently granted in writing by the CONSULTANT. XXVI. BIDS TO REMAIN OPEN 26.1 All Bids shall remain open for sixty (60) days after the day of the Bid opening, but the OWNER may, in his sole discretion, release any Bid prior to that date. THE STATE OF TEXAS COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this 22n day of June, 2000, by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Robert A. Stluka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) Laughlin Environmental, Inc. of Dripping Springs, Texas, County of Hayes, and 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 OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: ASBESTOS ABATEMENT PROJECT AT 100,101, & 103 BELAIRE DRIVE AND 100, 101, 102, 103 FAIRLANE DRIVE Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by the CITY OF ROUND ROCK, PUBLIC WORKS DEPARTMENT, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so have been given to him, and to complete the same within twelve (12) calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. Section 00400 Owner - Contractor Agreement Page 1 of 2 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have ex the year and day first above written. CITY OF ROUND ROCK, TEXAS (OWNER) ATTEST: City Secretary ;eaad., (CONT c OR) BY: Larry Thyssen its Vice President (Typed name) (Title) ATTEST: d this Agreement in Laughlin Environmental, Inc. Section 00400 Owner - Contractor Agreement Page 2 of 2 Asst. Secretary f Contractor is a Corporation or otherwise registered with the Secretary of State (The following to be executed if the Contractor is a Corporation.) Asst. I, Sherry Darden , certify that I am the Secretary of the Corporation named as Contractor herein; that Mr. Larry Thyssen , who signed this Contract on behalf of the Contractor was then Vice President (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. Signed: Sherry A. Da SECTION 00500-BONDS AND CERTIFICATES The Contractor shall fumishthe following Bonds and Certificates to be delivered simultaneously with the executed Contract: 1. Performance Bond 2. Labor and Material Payment Bond 3. Certificates of Insurance - Form Provided The Performance, Labor and Materials Bond shall be provided on Bonds which comply with Article 5160 of the Revised Civil Statutes of the State of Texas as amended by Acts of the 64th Legislature and Acts of the 65th Legislature, 1977. The Surety on such bonds shall be a surety company satisfactory to the OWNER. See Article 3 of the General Conditions. Costs forthe above stated bonds and insurance are to be included in the bid. Attorneys -in -Fact who sign bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Performance Bond shall guarantee the repair and maintenance of all defects due to faulty materials and workmanship that appearwithin one (1) year from the date of Substantial Completion. If the total contract price is Tess than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. END OF SECTION Section o0500 - Bondi end CatlIIatee Page 1 of 1 REFERENCE: SECTION 00510-BID BOND FORM Section Co610 - Bid sand nom Cora Peg. 1. lithe Bid Guarantee is submitted in the Bid Bond Form, the Bid Bond shall be in the form as attached. END OF SECTION bound unto the BID BOND KNOW ALL MEN BY THESE PRESENTS THAT WE, as PRINCIPAL and as SURETY, are held and firmly hereinafter referred to as the "OWNER", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF forwhich bids are to be opened at the office of the OWNER on NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the two (2) bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this day of Principal: Surety: By: By: (Seal) (Seal) biddoc.mst/spec Section 00510 - Page 1 SECTION 00520 - PERFORMANCE AND LABOR AND MATERIAL PAYMENT BOND FORMS REFERENCE: Section 00620 - Performance & I. & Materiel Payment Band Forme Cora Page 1. Before the Owner executes the contract agreement, they will require the Contractor to furnish a Performance Bond and a Labor and Material Payment Bond covering the faithful performance of the entire construction contract agreement. The Performance Bond and the Labor and Material Payment Bond shall each be made out in one hundred percent (100 %) of the Contract amount. The bonds shall be issued by a company approved by the Owner. The Contractor shall submit evidence that the Surety Company is authorized to issue bonds in the State of Texas and it holds a Certificate of Authority as an acceptable surety on federal bonds. 2. The Performance and Labor and Material Payment Bond form shall be signed by an official of the bonding company and shall be accompanied by the bonding agent's written power of attorney. Provide four (4) copies of each bond and the power of attorney in order that one copy may be attached to each copy of the contract agreement. 3. If the total contract price is Tess than $25,000.00 the performance and payment bond requirements will he waived by the City of Round Rock. END OF SECTION DUPLICATE ORIGINAL Secaoa 00520 - ?aee UREMIA _4hLcs Rnnr» — THE STATE OFTEXAS BOND NO. 15011266 COUNTY OF WILLIAMSON KNOW ALL MEN Br THESE PRESENTS: That LAUGffi.IN eetvuto City of HOOSTON Nl�ZiTAt INC. of t he C ounty of and State rExas as Principal, and _ aRer• rn,,, authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY � OF ROUND ROCK TEZ S. Owner THOU ONE HUNDRED FOURTEEN (Owner), in the penal sum of THIRTY whereof. well and truly to be made the said Principal 9 ipala Surety for the pay meat heirs, administrators, executors, successors and , rY yian the nd se v v r erallya l ly, by , by Thes her assigns, jointly a present;; WHERF.AS, the Principal has entered into a certain written contract with the Owner dated the 20TH day of is hereby 2 000 to which the contract s hereb referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: ASBESTOS ABAIF2Q.2�T AND INTERIOR DEMOLITION PROTECT NAME: SOUTH MAYS ASBESTOS ABATEMENT AND DEMOLITION PROTECT; #28089701, AT 100,101, 103 BELAIRE DR & 100, 101, 102 & 103 FAIRLe E DR. ROUND ROCK, TEKAS , NOW, THEREFORE, i H, CONDITIONS OF IIS OBLIGjT101■ IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and fat hfully observe and peform all and sineti:lar the covenants, conditions and aaseemenss in and by said Comae„ agreed and covenanted by the Principal to be observed and pc formed, inoludine but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials :furnished by or workmanship of, the Principal in pc-forming the work cowed by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion CerdScate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation snail be void; otherwise to remain in full force and effect; PROV1DEM, HOWEVIER, hat this 'bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be Mined in accordance with the provisions of said aaprer 22 CO the same extent as if it were copied at length herein. PERFORMANCE BONI) (continued) Surety, for value received, stipulate and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed therenttde: or the plans, specifications, or drawings accompanying the same, shall in anywiSe affect its obligation on this bond, and it does hereby waive nonce ()lazy such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21ST day of 501Y 2000. Title 1320 BOYLES Address Signature HOUSTON, TES Resident Agent of Surety: N/A Printed Name N/A Address N/A City, Stare & Zip Code N/A Surety ATTORNEY -IN -PACT Title Address Section 00520 -Page 2 LIBERTY MUTUAL INSURANCE COMPANY Margate Buboltz 600 W. GERMANTOWN PIKE PLYMOUTH NESTING, PA :THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 597213 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company “), a Massachusetts mutual insurance company, pursuant to and by authonty of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint, DAN W. BURTON, JUDY A. ETHEREDGE, MICHAEL J. HERROD, WENDY W. STUCKEY, LUPE TAMAYO, JOAN BAGNALL, JAMES W. BAUGHMAN, WILLIAM N. BURKE, KAREN M. KELLNER, MARGARET BUBOLTZ, ALL OF THE CITY OF HOUSTON, STATE OF TEXAS , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/1 DOLLARS (S 50,000,000.00***** ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. - That this power is made and executed pursuant to and by authority of the following By -law and Authorization: - ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings Any officer or other official of the company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -tact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By -laws, Assistant Secretary Gamet W. Elliott is hereby authorized to appoint such attomeys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization above set forth are true copies thereof and are now In full force and effect IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed t• - - . In Plymouth Meeting, Pennsylvania this 1st day of Ortnher _1999— By re. ,4 Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 1St day of October A D 1999 before me, a Notary Public, personally came the Individual, known to me to be the therein desc” = • ' • idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed arise au• fit, the seal affixed to the said preceding Instrument is the corporate Seal of said company; and that said corporate seal and his signatu _• : =•r- was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMO. REOF, r. LIBERTY MUTUAL INSURANCE COMPANY set my hand and affix my official seal at Plymou Meeting, P the day and year first above written. t1OTIIE Notary eN Dn o uthto I Montgomery C U511C VV�� I'�IymoF,n2yp pire 2 Notary Public 2(0 t�v cw,�r- n>s.on E.rr, � CSR R Tl I I, the undersigne•, -t.' - retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attomey of which the foregoing is a full, true and c _. c copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attomey -in -fact as provided in Article XVI, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appeanng upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company this 21st 1 7()()0 - day of Tr, ∎rZ _ slant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER Ontnhwr 1 BOND NO. 15011266 THE STATE OF TEXAS COUNTY OF WILLL4MSON KNOW ALL MEN BY THESE PRESENTS: That LAUGHLIN ENVIRONMENTAL, INC. of the City of HOUSTON County of ' I and State of T , as Principal, and ilt R ricri A1�PANy authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS. (Owner), in the penal swn of THIRTY NINE AND 00/1 HUNDRED FOURTEEN dollar (S 39,114.00 ) for the payment whereof; well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 20TH day of IDLY , 2oatZ to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied a PROJECT NAME: SOUTH MAYS ASBESTOS ABA AND DEMOL PROJECT, #28089701, LITION #28089701, AT 100,101, 103 BELAIRE DR & 100, 101, 102 & 103 FAIRLANE DR. ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contact and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, 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 Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Section 00520 -Page 1 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, attention or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21ST day of JULY 200Q. LAUGHLIN ENVIRONMENTAL, INC. Principal Bv: Larry Vide President T .ytle 1320 BOYLES Address HOUSTON, TEXAS Resident Agent of Surety: N/A Printed Name N/A Address N/A N/A City, State & Zip Code Signature Section 00520 -Page 2 LIBERTY MUTUAL INSURANCE COMPANY B (' TOM B RAL ATTORNEY -IN -FACT Title 600 W. GERMANTOWN PIKE Address PLYMOUTH MEETING, PA 1 1 1 1 1 1 d � _ 7 v . 1 1 1 1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts mutual insurance company, pursuant to and by authority of the By-Jaw and Authorization hereinafter set forth, does hereby name, constitute and appoint, TOM BRANIGAN, GLENN J. PELLETIERE, BARBARA GUZZARDO, BETTY CALDERON, VIVIAN CARTI, CYNTHIA SOMERSALL, DEBRA A. DEMING, ROBERT P. MCDONOUGH, FRANK J. NIESTADT, CAROLINE SCOTTO, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK , each individually d there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MIt I Mist AHD On /t n0** DOLLARS (S 50,000,000.00"*"'"* ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By - law and Authorization. ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings Any officer or other official of the company authorized for that purpose in wnting by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogntzances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such Instruments and to attach thereto the seal of the company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys- in•fact: Pursuant to Article XVI, Section 5 of the By -laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by Its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed t ere in Plymouth Meeting, Pennsylvania this 11th day of April 2000 . By Garnet W Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY 644167 On this 11th day of April , A.D. 2000 before me, a Notary Public, personally came the individual, known to me to be the therein desc: • *. idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed arEa au• 1/py� the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signatu ch as duly affixed and subscribed to the said instrument by authority and direction of the said company FgEREOF, I OF IN TESTIMO y set my hand and affix my official seal at Plymou Meeting, P rne j the day and year first above written. N6�IIE SEAL DON NIA E SillE.0 - RR.•CCII CCA,Q/A on- ?Ts, I 201, 00,V 2 13 un0 0 Notary Public My 3 S . Expi2s Fab 2 :I2 CERTIFICATE 4 r NSVL . NP U I, the undersigne., o - 7 tMMt" retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attomey of which the foregoing is a full, true and c copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authonzed by the chairman or the president to appoint any attorney -in -fact as provided in Article XVI, Section 5 of the By -taws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 21ST day of —JULY -2000— , ,27 l�s fstant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER April 11 , 20 Q2 . I {sand. ..... ... Common t Preferred Stocks Real Estate Cash & Short•Term Investments (Aber Inve Assets. Subtotal Cash and Invested Assets Premium in Course of Colleenon• . Rcunurance Recoverables on Loss and Loss Adjustment Expense Pa. ments. . Interes6 Dividends and Real Estate Income Due and Accrued . Other Assets • TOTAL ADMITTED ASSETS Reserve for Losses and Lou Adjustment Expenses Reserve for Unearned Premiums Reinsurance Payable on Paid Loss and Loss Adjustment Expenses Federal Income Tax and State Premium Tax Accrued Other Liabilities TOTAL LIABILITIES Unassigned Surplus ' • • Guaranty Funds Surplus Nora TOTAL CAPITAL AND SURPLUS TOTAL LIABILITIES: CAPITAL AND SURPLUS S ( • Excludes balances more than 90 days past due) COMMONWEALTH OF MASSACHUSETTS SS: COUNTY OF SUFFOLK Dennis Langwell. being duly sworn. says: That he is Vice President and Comptroller of Liberty Mutual Insurance Company. that said Company Is a mutual insurance company duly opened, exisung and engaged in business as a surety by vtrtre of the laws of the state of the Commonwealth of Massachusetts and keg duly complied with all the requirements of the laws of said Commonwealth and of the laws of the State of ... applicable to said Company and is duly qualified to act as - sty under such Taws; that said Company has also complied with and is duly qualified to as as surety on federal bonds un,.er Seaton 9305 of Tide 31 of the United Stages Code. That the foregoing is a full. true and corer statement of the financial condition of said Company oldie 3lst day December. 1999. Sworn to before me this3lstt day oofMarch. 2 / 4.0.44.421 1 1 My Commission Expires did Liberty Mutual insurance ('nmpa■ '61111 Curt I1.041t.e >hcct )dollars in thousands) Assets Liabilities and Surplus de and Com•S•Iler December 31. ;a •u S : i 414 6.45 3_ 151.150 308.617 821 260 17 165.543 1.120 223 133 _'9 907,063 19 379 381 10.133.998 1.197.247 29.636 201.941 2.147.116 14.329.938 4,407,503 1 250 1.110.691 5 5 19.879.314 DUPLICATE ORIGINAL THE STATE OF TEXAS COUNTY OF WILLLi,LISON PAYM NT Bores BOND NO. 15011266 KNOW ALL MEN BY THESE PRESENTS: That LAUCHLIN ErnRotecnrIAL, INC the Ciry 0f HOUSTON County of State o TEXAS Principal, YBL ut and State of P� and t Txsirn � under the Iaws of the Stare of Texas to act as Surety on Bonds for Principals, are ne and rirmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whore shall have the right to sue upon this bond, in the penal sum of Ttrarrr NINE TDO05AND ONE anNDRED FOURTEEN AND 00 /100 Dollars (S 39,114.00 ) fOI the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: Section 00520 - ?age 3 WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 20TH day of JULY , 2000, to which Contract is hereby referred to and trade a parr hereof as fully and to the saline extent as if copied at length herein consisting of: ASBESTOS ABAT'anarr AND INTERIOR DEMOLITION PROJECT NAME: SOUTH MAYS ASBESTOS ABATEMENT AND DEMOLITION PROJECT, #28089701, AT 100,101, 103 BELAIRE DR & 100, 101, 102 &103 FAIRLANE DR. ROUND .ROC7 , TEXAS, NOW, r REFORE, T1 CON01E10N OF TIES OBLIGAITON IS SUCH CH. that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all :ponies to them owing by said Principals for subcontracts, work labor, equipment, supplies and materials done and furnished for the commie:ion of the improvements of said Contract; then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVED, HOWEVER. that this bond is executed pursuant to the provisions of Chapter 2253, Texas Govenmenr code, as amended, and all liabilities on this bond shall be de•,er pined in accordance with the provisions of said Chapter. 2253 to the same extent as f it were copied at length herein. Y PAYMENT BOND (continued) Surety, for value received, st and agrees that no change, extension of time, alteration or addition to the terns of the contract, or to the work performed there or the plans, this specifications or drawings accompanying the same ,ha 1i in anywise affect it's obligation on. ud, does her eby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed theretmder. IN WITNESS WIEREOF, the said Principal and Surety have signed and sealed this I stntrnent this 21ST day of JULY , 200 LAUGHLIN ENVIROMIENT I, INC. Principal • ri arr .'.... Vice President Title 1320 BOYLES Address HOUSTON, TX Resident Agent of Surety: N/A Printed Name N/A Address N/A City, State & Zip Code N/A Signature Address Section 00520 -Page 4 LIBERTY MUTUAL INSURANcR COMPAny_ Surety Margaret\ Buboltz 600 W. GERMANTOWN PISE PLYMOUTH MEETING, PA THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the °Company "), a Massachusetts mutual insurance company, pursuant to and by authority of the By - law and Authorization hereinafter set forth, does hereby name, constitute and appoint, DAN W. BURTON, JUDY A. ETHEREDGE, MICHAEL J. HERROD, WENDY W. STUCKEY, LUPE TAMAYO, JOAN BAGNALL, JAMES W. BAUGHMAN, WILLIAM N. BURKE, KAREN M. KELLNER, MARGARET BUBOLTZ, ALL OF THE CITY OF HOUSTON, STATE OF TEXAS , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00 /1 "•""*"""* DOLLARS ($ SD,000,OOO.O0.*** ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XVI - Execution of Contracts. Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescnbe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -tact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact. Pursuant to Article XVI, Section 5 of the By -laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization above set forth are true copies thereof and are now in full force and effect IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed ))leml in Plymouth Meeting, Pennsylvania this 1 vt day of Or tnher 1499 . By Garnet W Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF MONTGOMERY On this 1st day of October A.D. 1999 before me, a Notary Public, personally came the individual, known to me to be the therein desc "dual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed arlie au I : the seal affixed to the sald preceding instrument Is the corporate seal of said company; and that said corporate seal and his signatu - .. fit.: - as duly affixed and subscribed to the said instrument by authonty and direction of the said company. IN TESTIMO '£REOF, I OF LIBERTY MUTUAL INSURANCE COMPANY set my hand and affix my official seal at Plymou Meeting, P, the day and year first above written. DONNA NOTAOIAL SFSPAT_ � ! Plymouth yt1 Monkuquery � CNmty Notary Public � Ik/ Carunuport Evuus Feb_ 2 201 CERTIFICA I, the undersigne. t rotary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and c' -- c copy, is in full force and effect on the date of this certificate, and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in -fact as provided in Article XVI, Section 5 of the By -laws of Liberty Mutual Insurance Company This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980 VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 21s day of "filly 9000 THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER ".27Z tent Secretary 5972'11 flctnher 1 20 v N c y c m Vf m W EE oa QM av do 0 0 E O O ch 0 v In > a 0 a ° t N E N c, 0o 0(9 I— PAYMENT BOND BOND NO. 15011266 THE STATE OF TEXAS COUNTY OF WILLL4MSON KNOW ALL MEN BY THESE PRESENTS: That LADCHLI$ ENVIRONMENTAL, INC•of the City of HOUSTON County l of TES as Principal, and State of Texas to act as Surety on Bonds for and State of xed under bound the laws T of the � are a and fir bound unto THE CITY OF ROTJND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of THIRTY NINE THOUSAND ONE HUNDRED FOURTEEN AND 00 /100 Dollars (S 39,114.00 whereof well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 20TH day of JULY , 2000 to which Contract is ' hereby referred to and trade a part hereof as fully and to the same extent as if copied at length herein consisting of: ASBESTOS ABATEMENT AND INTERIOR DEMOLITION PROJECT NAME: SOUTH MAYS ASBESTOS ABATEMENT AND DEMOLITION PROJECT, 128089701, AT 100,101, 103 BELAIRE DR & 100, 101, 102 6103 FAIRLANE DR. ROUND .ROCK, TEXAS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void: otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Section 00520 -Page 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N/A City, State & Zip Code 1 Signature 1 1 1 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same ehall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Ins$urnent thjs 21ST day of JULY , $R 2000 LAUGHLIN ENVIRONMENTAL, INC. Principal By: Vice President Title `ti 1320 BOYLES Address HOUSTON. TX Resident Agent of Surety: N/A Printed Name N/A Address N/A LIBERTY MUTUAL INSURANCE CONPAN9 Surety BY TOM BRANIGAN ATTORNEY -IN -FACT Title Address Section 00520 -Page 4 600 W. GERNANTOWN PIRE PLYMOUTH MEETING, PA THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1 1 1 1 1 1 1 1 1 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts mutual insurance company, pursuant to and by authority of the By - law and Authorization hereinafter set forth, does hereby name, constitute and appoint, TOM BRANIGAN, GLENN J. PELLETIERE, BARBARA GUZZARDO, BETTY CALDERON, VIVIAN CARTI, CYNTHIA SOMERSALL, DEBRA A. DEMING, ROBERT P. MCDONOUGH, FRANK J. NIESTADT, CAROLINE SCOTTO, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK , each individually If there be more than one named, Its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00 /100`"""""*""""*'"* DOLLARS ($ 50 * * ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as If they had been duly signed by the president and attested by the secretary of the Company in their own proper persons That this power is made and executed pursuant to and by authonty of the following By -law and Authonzation: ARTICLE XVI - Execution of Contracts Section 5 Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By -laws, Assistant Secretary Gamet W. Elliott is hereby authorized to appoint such attomeys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed tftere!Q in Plymouth Meeting, Pennsylvania this 11th day of April 20uu By 074re`r W • at, Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY slant Secretary 644161 On this 11th day of April A 2000 before me, a Notary Public, personally came the individual, known to me to be the therein desyc 4ed • idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed hr6, ante au. ;4 the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signatu €€ • q:. -R. was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMO ,, I i REOF, I .. set my hand and affix my official seal at Plymou Meeting, P the day and year first above written OF NO SEA, DONNA F, £HIFLDS Notary ,a, 3 i La) Plymouth Ywi,, Mon Count/ Notary Public C � j � SyvP My Ccrt's,,SSro r Exa ltn2 Feb 2 2212 Z � CERTIFICATE 1, the undersigne• , to retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true an . co copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in -fact as provided In Article XVI, Section 5 of the By -laws of Liberty Mutual Insurance Company This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney Issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 21ST day of .TTTLV 2000 . THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER April 11 28 02 Cowman S: Preferred Stocks .... ............ ............. Real Estate Cash & Shon•Term Imestmenn other Invested Assets, ..... Subtotal Cash and Invested ASSCia. Swom to before me this 3311 day of March. 2 /9 �r Ill M i�v'.",'_`'^r" �. My Commission Expires l rj __ f � i� AaielS TOTAL ADMITTED ASSETS Liberty Mutual Insurance ('nugian) 'Lumen Ilaian.c hem (dollars in thousands) Premium in Course of Collection' Reinsurance Recoverables on Loss and Lim Adjustment Expense Pa.ments... Interest. Dividends and Real Estate Income Due and Accrued.... Other Assets • Liabilities and Surplus Reserve for Losses and Lou Adjustment Expenses S Reserve for Unearned Premiums Reinsurance Payable on Paid Loss and Lou Adjustment Execrates Federal Income Tax and Stale Premium Tax Accrued Other Liabiliues TOTAL LIABILITIES Unassiped Surplus • Guaranty Funds Surplus Notes TOTAL CAPITAL AND SURPLUS TOTAL LIABIUTIE_S, CAPITAL AND SURPLUS S (•Excludes balances more than 90 days past due) COMMONWEALTH OF MASSACHUSL7S SS: COUNTY OF SUFFOLK Decemcor :1 ��•.�� 5 4 3_0 4 ;. 6. 151.450 508.617 821.260 17,165.543 Dennis Langwell. being duly swam. says: That he is Vice President and Comptroller of Liberty Mutual Insurance Company. that said Company is a matte} insurance company duly organiser{. ensue, and engaged in business as a surety by virtue oethe laws of the state of the Commonwealth of Massachusetts and has Poly complied with all the requirements of the laws of said Commonwealth and 01 the laws of the Stage of .,, applicable to said Company and is duly qualified to act as .sty under such laws; that said Compry Isis also complied with and is duly qualified to act as surety on federal bonds un�:r Section 9305 of Tide 31 of the United Stags Code. That the foregoing is a full, true and corset statement of the financial condition of sad Company of the 31st day December. 1999. 1 420.223 15 _ - 9 907,063 19 579 384 10.153.998 1.497 247 29 636 201.941 2.447.116 14,329.938 4,407,505 1 250 1.140,691 5 549 446 19,879,384 de and Com • ?• Iler MAINTENANCE BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety), as Surety, are held and firmly bound unto TITE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this and Section 00520 -Page 5 day of , A.D. nineteen hundred WHEREAS, the said Principal has heretofore entered into a contract with Dated , 19 construction of: WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas MAINTENANCE BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Principal Surety By By Section 00520 -Page 6 Section 00600 - Indemnity & Insurance gam, cone Page SECTION 00600- INDEMNITY AND INSURANCE FORMS 1 1 1 . 1 1 1 1 1 1 . 1 1. 1: 1 1 1 . 1 1 AUG -18 -00 WED 01:19 PM CERTIFICATE OF LIABILITY INSURANCE PRODUCER WILLIS CORROON OF SC P. O. BOX 2007 GREENVILLE, SC 29602 ENSURED LAUGHLIN ENVIRONMENTAL, INC. 101 SAN MARCOS STREET DRIPPING SPRINGS, TX 78620 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business Operations hereinafter desenIved, for the types of insurance and in accordance with the provisions of the standard policies used b the companies, and further'hereinaftcr descr bed. Exceptions to the policies are noted below. TYPE OF INSURANCE GENERAL LIABILITY EXCESS LLAIII.fl woRICERS� COMPENSATION . Nn E4PLOYERS• LIABILITY rry CER HOLDER: City ofRound Roek 221 E. Main Street Round.ROck, Texas 75664 attar foanoe Land P.02 Date:08 / COMPANIES AFFORDING COVERAGE N INDEMNITY COMPANY B RELIANCE INSURANCE CO. OF ILLINOIS POLICY NUMBER EFFECTIVE EXPIRATION DATE DATE NGB1721291 9/21/99 9/21/1)0 t ,uuu,uuu LIMITS AUTDMOTnLEuABUITY NRA2517260 9/27/99 9/27/00 $ 1,000,00{) NEA2519444 9/27/99 9/2/100 ; 1J,000,000 :rt • r, .. •ii.i,i '_ OTTtnt COMMERCIAL PROPERTY NSA25128888 9/27799 9/27/00 $ 1,000,000 DESCRIPTION OF OPERATtONSILOCAT ONS/VEHICLES/SPECIAL ITEMS/E CEPTIONS LEI# 2261 SOUTH 'NAYS ASBESTOS ABATEMENT AND DEMOLITION PROJECT 128089701 SITE LOCATION: 100, 101, & 103 BELAIRE DRIVE & 100, 101, 102 & 103 FAIRLANE DRIVE Ths City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers` Liability. Sboukt any of the above desatbed policies by caao&Bed before the expiration date thereof, the issuing company will mall thirty (90) days written antics to the certifies o holder aimed below. SIGNATURE OF AUTMO •tin REPRESENTATIVE . \ Il _ TY74 RV FI.T.F.N T,TNDSFJ Isla ACCOUNT MANAGER 1 1 1 1 1 1 TES is TO CSETIFT 753x2 1 1 1 1 1 1 1 1 1 1 rertmote l . 2018 n�lv RIJM1 JCRVII,CJ IYI ETA's .F TEXAS Svers llama OF WUHAN= CuRTIFICATC or Atmt411 f LDS= 10=70 MIS,CRAla MAIM SosRiar, HAMM= G1G 441 17d - '.0d/02 Camay 1.. ca-47950 }ass enosDfiaa welt the lava of ea Sew of Term aPprrabla Witte aid is hereby authatimi ea trans- act tbn leteraces et 'ire; Allle$ Co nnansae9 Nati, ;evtLg exams c1yi• ate ; Saber ' ?deride; fleean Wine; Aton'Att.44Abilitur and PbySical. :UAW Accident add aaalth; Semines!s CaagessatiCas and Daplayars' 14$131731tit; Autemabile-- Idobilit7 and Physical Sacsie; Li�►a� litY Other than A1ttomobile; 7idelity and SWAT; =Ws; Svn6].S 7 rbd ' I Them: ?arsesY, So31ar and litchittern Credit; Lives 3e3zuroaanee on ;la lines *gnat Lite and Aaaaisies iasetaae• *aft the Stave of Tee. T,b84 Gene AutIsarilp aball ba in mall tame dad ant until it is ravelled, ease lad as =spaded acaertins to W. 3!f T S'fl3LOZQT WBLERSOF. Witness av nand and 903 a£ mem at Austin, Texas, this i°t.�.._.. October A. 1). C0N3CMAIONIEL 03' INSURANCE TOTAL P.02 1 ,., rP;1, 1 !,Y,1,1 , 4115 i;„ „„r,1'f oaT MmD !CORD CERl IFICr4TE'IIQFI LIABILITY I 111 ,,,,,, C E .. ' P AGE,1 O OF ° PRODUCER 41104 T THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION COMPANIES AFFORDING COVERAGE 24430002 (GREW) COMPANY Reliance National Indemnity Company INSURED 2 24401.000 (GREW) Cd/PPNY 6 Reliance Insurance Company of Illinois CWPANY CoaPAVY COVERAGES 4.6 l,.[ r:..,,,, Rld „ ' ,,Ilii(Iikl,lllilitl11 illllillll,ildWAgit Yld'bilridCl44...!. Iililililil' lliI :I1i,I;Iblli1. lnN n,1, Iir, a'' THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 8ELON HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCWSONS AND 009011ION5 OF SUCH POIJCIES UNITS 5HOJJN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO T TYPE OPINSURANCE P POLICY HUMBER P POLICY EFFECTIVE P POLICY EXPIN ATOM l lJNfl3 A O OEN VIAL L,ABaJTY N NO81721291 2 27 -SEP -1999 2 27 -SEP -2000 G GENERAL400IEGATE s s 2, 000, 000 PRCOUCTSCOVPJo A00 5 5 2.000,000 1 C.AIMSMADE © OCCUR P PERSOJAL 6 ADVINJURY s s 1, 000. 000 OMER'S& COIPACTOWSFROT E EACH OCLLRPENCE 0 0 1.000.000 FIRE [IMAGE (Anyaolve) $ $ 100,000 MEDEXR onea4.sml $ $ 5.000 A A AUTOMOBILE LIABILITY N NKA2517260 2 27SEP - 1999 2 27 - 5 EP - 2000 COMBINED SINGLE LIMIT 0 0 1.000,000 BODILYINJURY $ (=or accident) $ PROPERTY DAMAGE , SA AGE UAORJTY 0 0.UTOCNLY • EA ACCIDENT $ $ OTHER THAN ALTO ONLY EACI, ACCOENT $ $ AOGREOATE $ $ A E EXCESS UABUTY N NEA2519444 2 27-SEP-1999 2 27- SEP -2000 E EA, OCOURRENCE $ $ 15,000,000 O 0 15, 000, 000 8 B N EMPLOYERS' A ANO NWA204791300 2 27-SEPT 2 27-5 EP-2000 I ITw 1 1 F4m - EL EACH ACC DENT $ $ 1.000.000 ELDI¢ASEQCUCYL MIT $ $ 1.000,000 ELOI0AgfAEMPLOVEE $ $ 1,000,000 OTHER 1 1 1 1 1 1 1 1 1 1 1 winks Ureenville SC 7/24/00 1:37 PAGE 3/4 RightFAX WI Ills ! CEFIT IFIC. HOLDE R. THIS CERTIFICATE DOES NOT AMEND, INSURED wiiiio- ureenville bU / /24 /0O Laughlin Environmental, Inc. 101 San Marcos Street DrippingSprings TX 78620 I,COVERAGES,.1, 1,111, ?",11i11,',ill ii,rl +,.d "•'11,' &l a', 1, .'•li ,,, l , ;l , r�l'pi / Ir „plp im111 ; „a,. II I� 111I 1111 I�•l l II,u1 Iuilll i,llall,liil6ulll,.I�� III I,�liulli�b� ,,ilia „�I,,I,i,nl,, „� olnllii'( 111; t1i 1l ,IIlall6luld�btl'll•I TIdlm.ia.,, .,�. ll ,I •, 1•I,, IS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCUJSIONS AND CONDITIONS OF SUCH POUCIES UNITS MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE Commercial Property NSA25128888 9/27/99 9/27/00 $1.000.000 includes builder's risk /rented /leased equipment Issuing Carrier: Reliance National Indemnity Company DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS LEI# 2261 South Mays Asbestos Abatement and Demolition Project #28089701 Site Location: 100, 101, & 103 Belaire Drive & 100, 101. 102 & 103 Fairlane Drive IFERTWFICATE HOLDER ;;!60811 City of Round Rock 221 East Main Round Rock TX 78664 1 i 1 . I 41104 LUIS 25W119J95) ' �•' • ' 1:3/ IYAUE 4/4 RightFAX III I ':i I, i "l1 PIJI,i111111; :11X111' l Ml ISSUE DATEIMo0JYY1 F' INSURAN CE` i 2' n 24 0= T ATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. PRODUCER Willis Carroon Corporation of South Carolina P.D. Box 2007 Greenville SC 29602 (664)232 -9999 Mary elan Lindsey POLICY NUMBER POUCY EFFECTYE POLICY EXPIRATION 061E PARDO/TT" DATE IVMI001YY1 h, 41, cMc !P7110 • ;1.11,k 'G'N1i1'i161i:! uGal4'•,d, 1!, I :, "I II .i 11'111 ��1 ;I I.!�II 1:•I;'I 1 SHOO. ANY OF 111E ABOVE 0E5010E0 P01.10E5 BE CANCELLED BEFORE 1HE EXPIRATION DATE THEREOF, TIE 1990150 COMPANY WILL EIDEAVQI 10 MAIL 30 DAYS NUM N NOTICE TO THE CERTIFICATE HOLDER NAMED 10111E LEFT, BUT 880006 TO MAL SUCH 80110E SHALL REPOSE NO 0BU0r1110N OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUDI MO REPRESENTA UNITS SECTION 0600 INDEMNITY AND INSURANCE ins&indm/spec.mst 6.1 INDEMNITY: The successful Bidder shall indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses , attorney fees and any and all other costs or fees incident to any work done as result of this quote and arising out of a willful or negligent act or omission of the successful Bidder, its officers, agents, servants, and employees ; provided, however, that the successful Bidder shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees, or third parties. 6.2 INSURANCE: The successful Bidder shall carry insurance in the following types and amounts for the duration on this work performed as a result of this quote, which shall include items owned by Owner in care, custody and control of the successful Bidder prior and during installation and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: 6.2.1 Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. 6.2.2 Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit $600,000. 6.2.3 An additional insurance endorsement clause declaring the successful bidder's or any subcontractor's insurance as primary. 6.3 The successful bidder shall not cause any insurance to be canceled nor permit any insurance to lapse until the equipment and the installation of same has been accepted by the City. 6.4 If the successful bidder employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the successful bidder, then any and all of these individual or entities shall be bound by the same insurance requirement as the successful bidder. 6 5. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. Certificate of coverage ( "certificate "1 - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Workers' Compensation 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 OWNER. Persons providing services on the project ( "subcontractor) in Section 406.096 - 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 food/beverage vendors, office supply deliveries, and delivery of portable toilets. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that 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. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: ins&indm/spec.mst A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 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. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all 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 a project, for the duration of the project; C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: ins&indm/spec.mst B. no later than seven calendar 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. (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the ins&indm/spec.mst 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 OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and G. contractually require each person with whom it contracts, to perform as required by paragraphs (A) -(G), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper 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. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR that entitles the OWNER to declare the contract void if the CONTRACTOR does not remedy the breach within ten calendar days after receipt of notice of breach from the OWNER. 6.6 TRANSPORTATION: It is the responsibility of the successful contractor to transport all materials and equipment to and from the job site, as needed. 6.8 CODES. PERMITS. AND LICENSES: The successful bidder shall comply with the applicable rules of the applicable National, State and Local codes and ordinances, and the terms and conditions of the services of the electrical utility, as well as other authorities that may have lawful jurisdiction pertaining to the equipment and the installation thereof. None of the terms or provisions of this specification shall be construed as waving any of the rules, regulations or requirements of these authorities. The successful bidder shall obtain all necessary permits or licenses to fulfill the obligations as bid, and shall pay the lawful fee therefor, as well as for any inspection fee(s) or cost any certificate of approval (s). 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CERTIFICATE OF LIABILITY INSURANCE Date: PRODUCER COMPANIES AFFORDING COVERAGE INSURED THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. 1 TYPE OF INSURANCE GENERAL LIABILTIY AUTOMOBILE LIABILITY EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIABILrrY OTHER POLICY NUMBER EFFECTIVE EXPIRATION DATE DATE DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS /EXCEPTIONS LIMITS The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock SIGNATURE OF AUTHORIZED REPRESENTATIVE 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land Typed Name: Tel: SECTION 00700 GENERAL CONDITIONS 1 1 1 Contents 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 2.01 - Owner- Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry GC -2 1 1 3. General Obligations and Responsibilities (cont'd) I 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant ' 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds I 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. ' 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting I 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up ' 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates I 4. Prosecution and Progress ' 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays I 5. Measurement and Payment ' 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work ' 5.04 - Partial Payments 5.05 - Use of Completed Portions I 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments 1 1 GC -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. Extra Work and Claims 6.01 - Change Orders 6.02 - Minor Changes 6.03 - Extra Work 6.04 - Time of Filing Claims 6.05 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner 8. Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities GC -4 1. Definition of Terms General Conditions of Agreement 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organizations identified as such in the Agreement are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any such documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor The term "Subcontractor," as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - Subcontractor The term "Sub- Subcontractor" means one who has a direct or indirect contract with a Subcontractor to perform any of the work at the site. It includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. GC -5 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, Light, power, fuel, transportation and 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, when so applied, have a well -known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" shall be understood to mean and include all work that may be required by the Engineer or the Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations" herein. 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1.10 Substantially Completed The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. GC -6 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself with the progress of the executed work and to determine if such work meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review the Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to the Contractor in such amounts; such recommendation of payment to the Contractor constitutes a representation to the Owner of the Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to the Contractor shall not be deemed as a representation by the Engineer that the Engineer has made any examination to determine how or for what purpose the Contractor has used the monies paid on account of the contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to execution or progress of the work or interpretation of the Contract Documents. The Engineer's decision shall be rendered in GC -7 writing within a reasonable time, which shall not be construed to be less than ten (10) days. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to litigation as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer reasonable 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 or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking Superintendent and any necessary assistants to supervise and direct the work. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and the Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the Engineer, shall not be interpreted as requiring or allowing the Contractor to deviate from the plans and specifications; the intent of such drawings, specifications and any other GC -8 such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. The Contractor shall be fully and completely liable, at his own expense, for design, construction, installation, and use or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or the Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or methods, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling the Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not, shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 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 conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or the Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the GC -9 performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, 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 Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings' or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or GC -10 adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re examination by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be borne by the Contractor. Otherwise, the expense thus incurred shall be allowed as Extra Work and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material broughfon the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the GC-I1 construction, without affecting the validity of this contract and the accompanying performance and payment Bonds. 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, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment". Otherwise, such additional work shall be paid for as provided under Extra Work. In the event the Owner makes 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 compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between the Engineer and the Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspectors may confer with the Contractor or the Contractor's Superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for or charged with, nor shall he assume any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or the Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion, advice, interpretation of the plans or specifications of this contract, apparent or express approval of the means or methods or manner of the Contractor's performance of work in progress or completed, or discovery or failure to discover or object to defective work of materials shall release the Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or the Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. GC -12 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided that the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location at which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner so as not to unreasonably delay the progress of the work or damage the Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. GC -13 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define what is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, 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 entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, negligence, omission, mistake or default of the Owner or the Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety 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 the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or .regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, GC -14 the Contractor shall immediately notify the Owner and the Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to the contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. If the contract price is $25,000.00 or less, no payment or performance bond shall be required. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, 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 in 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. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might 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 adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer 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 the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall GC -15 not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid bills of which the Owner has written notice, or may withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims. When satisfactory evidence is furnished that all liabilities have been fully discharged, payments to the Contractor shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his surety. 3.14 Protection Against Royalties or Patented 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 letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and the Engineer harmless from any loss on account thereof, except that the 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 by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then the Contractor shall indemnify and save the Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the GC -16 Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared 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 Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, 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 contract, shall be controlling and shall be considered as part of this contract to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the 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 agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment, cost or expense: 1. , is attributable to bodily injury, sickness, disease or death of any person including Contractor's employees and any Subcontractor's employees and any Sub - subcontractor's employees, or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub- subcontractor including the loss of use resulting therefrom; and, 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. GC -17 The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, surveys, change orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: Certificate of coverage ("certificate ") - a copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Workers' Compensation 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 § 406,096) - 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 GC -18 project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that 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. This coverage shall include the following terms: (a) Employer's Liability limits of $100,000.00 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. ( c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: "As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY." The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall 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 (7) calendar 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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. GC -19 The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar 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. 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. The Contractor shall contractually require each person with whom it contracts to provide services on the project to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (1) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known of any change that materially affects GC -20 contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 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 workers' 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, and/or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. (g) the provision of coverage of any person providing services on the project; and C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require Subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and the Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and the Engineer shall not relieve or decrease the liability of the Contractor hereunder. GC -21 The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workers' compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above - mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work all surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event the Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or the Engineer may do so, or cause same to be done, at the Contractor's expense, and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the Contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty (30) days after receiving written notice of such defect from the Owner or the Engineer by repairing same to the condition called for in the Contract Documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty (30) day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. GC -22 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. GC -23 d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the contractor under the contract, except that, the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. WR1001 July 1997 Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4. Prosecution and Progress 4.01 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 times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the 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 proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict 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 Engineer, schedules which shall show the order in which the Contractor proposes 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. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Engineer, or of any employee of either, or by other contractors employed GC -24 by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer; provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is 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 the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material 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 such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as twenty percent (20 %) more than, or twenty percent (20 %) less than the estimated GC -25 or contemplated quantity for such items, then either party to this agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below twenty percent (20 %) of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five percent (5 %) of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this agreement, as provided under "Extra Work ". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement. 5.04 Partial Payments On or before the first day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less five percent (5 %) of the amount thereof, which five percent (5 %) shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, then the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". GC -26 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the work, the Contractor shall be entitled to such extra compensation, extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work is found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for 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 35th day after the date of the Certificate of Completion, the balance due the Contractor 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 provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from GC -27 loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e' Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. Reasonable indication that the work will not completed within the contract time. Other causes affecting the performance of the contract. f) g) 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. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6 %) per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payment," until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. GC -28 In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves extra work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer for a written field order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written field order and that work involved may result in an increase in the contract price. Any request by the Contractor for a change in contract price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a change order or for which a claim for extra work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) is agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen percent (15 %). In the event said extra work is 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 to the Contractor of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual equipment, for the time GC -29 actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on performance and payment bonds and maintenance bonds, public liability and property damage and workers' compensation, and all other insurance as may be required by any law or ordinance, or directed or agreed to by the Owner. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or the Owner 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 one hundred percent (100 %), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15 %) of the "actual field cost" to be paid the 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 the Engineer. In case any orders or instructions, either oral or written, 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 Engineer for 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 therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an 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 mediation or litigation. 6.04 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 Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for mediation shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final GC -30 acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the Contract Documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 7. Abandonment of Contract 7.01 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 Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with the Contract Documents, then and in that case, where performance and payment bonds exist, the sureties on these bonds 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 contract for the work, may be held for use on the work by the Owner or the surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with extra work, where credit shall be allowed as provided for under Section 6 herein), 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. Where there is no performance bond provided or 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: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as the Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to the Contractor, and expense so charged shall be deducted and paid by the Owner out of such GC -31 monies 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 the 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 the Contractor, then the Contractor and/or his surety shall pay the amount of such excess to the Owner, or (2) The Owner, under competitive bids taken after notice published as required by law, 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 there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/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 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his surety, whereupon the Contractor and/or his surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such 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 GC -32 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail 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 site of work that have not been included in payments to the Contractor and have not been wrought into the work. Thereupon, the Engineer 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 proposal where unit prices are used), 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 Engineer 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. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has objection to any Subcontractor on such list and does not accept him. Failure of the Owner or the Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. GC -33 The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or the Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate change order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and the Engineer under the contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the (3) GC -34 (5) Contractor upon the Owner; A copy of all such subcontract agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors obligate each subcontractor specifically to consent to the provisions of this section. The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any monies to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the contract. When separate contracts are awarded for different portions of the project, the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall GC -35 properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner or initiates an proceeding allowed hereunder on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court costs or other costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work, except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby: GC -36 (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to federal, state, local laws and ordinances. All city ordinances shall be complied with even though some or all of the blasting is done outside the city limits unless the applicable ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to federal, state, and local laws and ordinances: 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty-four (24) hours prior to using explosives. A blasting permit must be obtained from the city at least five (5) days prior to use of explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and city departments will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. GC -37 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City of Round Rock or by consulting firms approved by the city. 8. The Contractor shall maintain accurate records throughout the blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the inspector. The Contractor is fully responsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty drawings or specifications or solely to the acts or omissions of the Owner or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and GC -38 electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -39 SECTION 00800 SPECIAL CONDITIONS SECTION 01-INFORMATION 01 -01 ENGINEER spccond.mstispecs The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPTFS OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQTTTDATED DAMAGES FOR FATLTTRE TO COMM ,FTF ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of 5250.00 per calendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. SC -1 01 -06 USAGEOEMATER All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 -07 PAY ESTIMATES specond.mstlspecs If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be retumed to Contractor. SECTION 02- SPECTAL CONSIDERATIONS 02 -01 CROSSING TITTT,ITTFS Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 TJTII,ITY SERVTCFS FOR C'ONSTRTICTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. SC -2 02 -03 GTJARANTFFS The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE, SCAT,F Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 02 -05 T,TMTT OF FTNANCTAT, RESOTJRCES specond.msVspecs The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. SC -3 02 -06 CONSTRUCTION REVIEW 02 -09 speeond.msNspees The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERTAT S ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as-built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 -10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of SC -4 specond.mst/specs Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -11 DEVIATIONS OCCASIONED RV TJTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. ,SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. SC -5 SECTION 04- WARRANTY BOND Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Warranty Bond shall remain in effect for two (2) years from • • t. .. t.• . - • • • ss • • - - i Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. A one (1) year Warranty Bond in the amount of one hundred (100 %) percent of the contract price will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. specond msUspees SC -6 SECTION 05- INSURANCE specond msVspecs Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers J.iahility Insurance b. with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects. All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. . u II - • • • i r I - e. Owner and Contractor's Protective Policy The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." SC -7 specond mstlspecs When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shall produce an endorsement to each effected policy: Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. SC -8 specond.mst/specs Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. SC -9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 06- WAGE RATES GENERAL DECISION TX960043 03/15/96 TX43 General Decision Number TX960043 Superseded General Decision No. TX950043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, MCLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 0 03/15/1996 • COUNTY(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 11/16/1991 Rates Fringes AIR TOOL OPERATOR 6.500 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SETTER 7.700 CARPENTER 9.054 CONCRETE FINISHER - PAVING 8.600 CONCRETE FINISHER - STRUCTURES 7.903 specond.msUspecs SC -10 CONCRETE RUBBER 6.740 ELECTRICIAN 13.710 FLAGGER 5.150 FORM BUILDER - STRUCTURES 8.017 FORM LINER -PAVING & CURB 7.250 FORM SETTER - PAVING & CURB 7.683 FORM SETTER- STRUCTURES 7.928 LABORER - COMMON 6.078 LABORER- UTILITY 6.852 MECHANIC 10.774 OILER 9.389 SERVICER 7.280 PAINTER- STRUCTURES 10.000 PILEDRIVER 6.600 PIPE LAYER 7.229 BLASTER 9.067 ASPHALT DISTRIBUTOR OPERATOR 7.304 ASPHALT PAVING MACHINE 7.945 BROOM OR SWEEPER OPERATOR 7.117 BULLDOZER, 150 HP & LESS 8.125 BULLDOZER, OVER 150 HP 8.593 CONCRETE PAVING CURING MACHINE 7.633 CONCRETE PAVING FINISHING MACHINE 9.067 CONCRETE PAVING GANG VIBRATOR 7.250 CONCRETE PAVING SAW 6.200 SLIPPORM MACHINE OPERATOR 8.700 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 '/ C.Y. 8.427 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 %z C.Y. &:OVER 9.880 FOUNDATION DRILL OPERATOR. CRAWLER MOUNTED 10.475 FOUNDATION DRILL OPERATOR 10.923 TRUCK MOUNTED FRONT END LOADER 2'/ C.Y. & LESS 7.499 FRONT END LOADER OVER 2'/ C.Y. 8.255 HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 ROLLER, STEEL WHEEL OTHER specond.msVspecs SC -11 FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR - CRAWLER TYPE 7.539 TRACTOR- PNEUMATIC 6.707 TRENCHING MACHINE 6.850 WAGON-DRILL/BORING MACHINE/POST HOLE DRILLER OPERATOR 6.926 REINFORCING STEEL SETTER PAVING 8.158 REINFORCING STEEL SETTER STRUCTURES 9.062 STEEL WORKER- STRUCTURAL 9.242 SIGN ERECTOR 8.640 SPREADER BOX OPERATOR 6.541 BARRICADE SERVICER WORK ZONE 6.078 MOUNTED SIGN INSTALLER PERMANENT GROUND 6.078 TRUCK DRIVER -SINGLE AXLE LIGHT 6.493 TRUCK DRIVER -SINGLE AXLE HEAVY 6.674 TRUCK DRIVER - TANDEM AXLE SEMI- TRAILER 6.824 TRUCK DRIVER - LOWBOY/FLOAT 8.041 TRUCK DRIVER - TRANSIT MIX 6.078 WELDER 8.824 Unlisted classifications needed for work not included, within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively. bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. specond.msUspecs END OF GENERAL DECISION SC -12 CLASSIFICATION Rate health Pension Vacation Total Wage ASBESTOS WORKER 58.78 $0.00 $0.00 50.00 $8.78 CARPENTER $15.52 51.57 50.97 50.00 518.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 50.00 $8.00 CONCRETE FINISHER $10.27 $0.00 50.00 $0.00 $10.27 DATA COMMUNICATION/fELECOM INSTALLER $12.08 $0.76 50.50 50.05 $13.39 DRYWALL INSTALLER/CEILINGINSTALLER $10.91 $0.00 50.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 51.05 51.05 521.70 ELEVATOR MECHANIC $16.75 53.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 50.00 50.00 $8.00 GLAZIER 513.60 $2.24 $1.15 $0.54 517.53 HEAVY EQUIPMENT OPERATOR 510.56 $0.00 50.00 50.00 510.56 INSULATOR $13.75 $1.16 $0.92 $0.03 515.86 IRONWORKER $12.18 50.00 $0.00 $0.00 $12.18 LABORER/HELPER $7.48 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 50.00 512.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 $0.00 $0.00 50.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 511.96 MILLWRIGHT 515.91 $1.63 $1.00 50.00 518.54 PAINTER/WALL COVERING INSTALLER 58.00 50.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 $0.00 $21.32 PLUMBER 512.68 50.00 $0.00 50.00 $12.68 ROOFER $10.00 $0.00 50.00 $0.00 510.00 SHEET METALWORKER $18.40 $2.39 52.55 $0.33 $23.67 SPRINKLER F111bR $18.25 $3.40 $2.20 - $0.00 $23.85 TERRAZZO WORKER $0.00* $0.00 $0.00 50.00 $0.00* TILE SETTER $15.00 50.32 $0.00 50.00 $15.32 WATERPROOFER/CAULKER 510.64 $0.00 $0.00 50.00 $10.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME: WILLIAMSON specond.mst/spccs PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES Date Printed: April 15, 1997 *$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. (Property of General Services Commission, Based on 1996 Survey results) SC -13 SECTION 00900 TECHNICAL SPECIFICATIONS ITEM 1 GFNERAT, DESCRIPTION 1.01 SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAT, SPECIFICATIONS techspec.mstlspcc.master NOTE; The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE, IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the teen "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. TS -1 ITEM 2 CONTROT, OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE. 2.01.2 RACKWORK 2.02 GRADING tecbspec.maUSpee.master During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. TS -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 3 EXAMINATION ANT) REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRTJCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. mee�ee msuspee.master All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. TS -3 ITEM 4 PROTECTION AND PRECATTTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS techspec mstlspee.master The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROT, MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Tex . u , 1 . t t s is I I • ' and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY T,TNFS AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAT, OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. TS -4 ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP techspec.mst/spec.masler No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. TS -5 1 1 PART ONE ABATEMENT SPECIFICATIONS ENVIRONMENTAL SOLUTIONS dANALYSIS INC Part One; Section 1000 - Summary of Work; Asbestos Abatement Page 1 010 SECTION 1000 - SUMMARY OF WORK; ASBESTOS ABATEMENT L GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS A. Work covers asbestos abatement for work as indicated on the plans located at 100, 101, & 103 Belaire Drive and 100, 101, 102, & 103 Fairlane Drive, Round Rock. Texas. B. Contractors Duties: 1. Except as specifically noted, provide and pay for a) Labor, materials and equipment, b) Tools, construction equipment and machinery, c) Other facilities and services necessary for proper execution and completion of the Work. C. Since the Owner is a governmental entity or an organization which may be exempted from the sales and use taxes on certain tangible personal property, the Contractor shall be responsible for: 1. Determining whether such governmental entity or organization is exempt from such taxes under the Contract Documents, 2. Determining whether your purchase of any tangible personal property for use in performance of this contract is exempt, 3. Obtaining any sales tax exempt certificate from the owner, 4. Properly issuing any sales tax exemption certificate to a seller or supplier that the sale of any item of tangible personal properly qualifies for an exemption, 5. Maintaining any records required by the laws of the State of Texas or by any valid rules and /or regulations of the Comptroller of Public Accounts of the State of Texas, 6. Properly submitting any monthly pay requests, 7. Payment of any legally assessed penalties or fines for improper use of any Exemption Certificate. D. Securing and paying for, as necessary for execution and completion of the Work, any: 1. Permits 2. Licenses 3. Taxes E. Complying with all applicable laws, codes, ordinances, rules, regulations, orders, and /or other requirements of public authorities in connection with performance of the work. F. Promptly submitting written notice to the Consultant of any observed variances in the Contract Documents from known requirements of any public authority 1. It is noted the Contractors responsibility to make certain that Contract Documents comply with codes and regulations. 2. Appropriate modifications to the Contract Documents will be made to reflect any changes necessary because of such variances. Part One; Section 1000 - Siamiary of Work; Asbestos Abatement Page 1A of i G. Assuming responsibility for the Work known to be contrary to such requirements, without notice. H. Enforcing strict discipline and good order among employees and not employing on the Work: 1. Unfit persons 2. ' Persons not skilled in the task to be performed. 3. Checking Dimensions at Site 4. Verify all measurements before ordering any materials or doing any work 5. Report any discrepancies to Consultant for instructions before proceeding. I. No extras will be allowed for variations from drawings in existing conditions. J. Approval of Working Surface: 1. Notify the Consultant of any unsatisfactory condition before performing work over work of other contractors. 2. Beginning of work by any Contractor shall constitute his acceptance of previous work. 1.2 CONTRACTS A. Construct work under lump sum contract. 1.3 CONTRACTOR USE OF PREMISES A. Confine operations at site to areas permitted by: 1. Law 2. Ordinance 3. Permits 4. Contract Documents B. Do not unreasonably encumber Site with materials or equipment. C. Do' not Toad structure with weight that will endanger structure. Concrete trucks, cranes, heavy construction equipment, or excessive concentrations of Toads will not be allowed on slabs except with prior written approval of the Consultant. D. Assume full responsibility for protection and safekeeping or products stored on premises. E. Obtain and pay for use of additional storage or work areas needed for operations. 1.4 EXAMINATION OF SITE A. Bidders are expected to visit the site of the building and compare the drawings and specifications with existing conditions, and inform themselves of all conditions which will affect this work. Failure of the successful bidder to do so will in no way relieve the bidder from necessity of fumishing any materials, labor, or equipment, or performing any work that may be required to complete work in accordance with drawings and specifications, without additional cost to the Owner. No unscheduled visits will be allowed. 1.5 NOTIFICATIONS A. The Contractor shall give the Consultant verbal notification at least 48 hours prior to commencing any of the following: 1. Asbestos Abatement 2. Removal of Containment 3. Final Clearance 4. Starting Containment Construction 5. Final Cleaning Part One Section 1000 - Summary of Work Asbestos Abatement Page 2 of 8 1 1.6 PROTECTION AND ACCESS A. The Contractor shall adequately protect the adjacent property at all times, and shall make good at his own expense any damage to such property arising out at any operation connected with his contract. B. The Contractor shall at all times protect the excavation, trenches, and /or the building from damage from rain water, storing water, ground water, backing up of drains or sewers, and all other water. He shall provide pumps and equipment and enclosures to provide this protection. C. The Contractor shall at all times provide protection against weather -rain, wind, storms. frost, or heat so as to maintain all work, materials. apparatus and fixtures from injury or damage. At the end of the day's work all new or old work likely to be damaged shall be covered. 1.7 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK A. Before the award of the Contract, the Contractor shall furnish to the Consultant in writing for acceptance by the Owner and the Consultant a list of the names of Subcontractors proposed for the various portions of the work, including the federal identification number of the Contractor and each Subcontractor. Pay estimates will not be considered until Subcontractors are approved. .8 SPECIAL PROJECT PROCEDURES A. ALTERATIONS AND ADDITIONS TO EXISTING FACILITIES 1. The contractor shall cooperate with the Owner in scheduling his work. Due to the nature of the work required by this contract, all operations must be coordinated with the Owner to insure a minimum of interference with the continuing use of the existing facilities. 2. This contract shall include alterations and additions to existing building as Indicated on the drawings. Each bidder will be expected to familiarize himself with conditions affecting the execution of this work. 3. The drawings and notes do not indicate complete existing building, or water, sewer, waste, electrical or other construction conditions and each bidder shall visit the site prior to submitting his proposal and shall inspect the accomplished in removing and modifying the existing work and installing any new work in the existing building. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of the existing installations and/or installing any new work to meet the requirements of this contract. 4. Certain information is shown on the drawings concerning the existing installation for general information purposes. but shall not be interpreted as representing as built conditions. Where the existing conditions are found to be different from necessary and make all connections required for proper operation at no additional expense to the Owner. 5. The Owner shall retain possession of all movable equipment and other equipment not attached to the building. In addition the Owner may elect to retain possession of other materials. Materials not retained by the Owner shall be removed from the site. 6. Where alterations to existing building is required, the Contractor shall, after his work is otherwise complete, repair adjacent finishes and do patching work as necessary to leave the adjacent work in good shape. He shall paint, plaster. trim out, and finish new work and as much adjacent existing work as is necessary to leave the job clean, neat and attractive. 7. All existing piping and /or circuits which are disconnected during the course of this work shall be reconnected and left in satisfactory operating order unless they are specifically noted to be removed or disconnected. B. PROTECTION OF EXISTING FACILITIES 1. The contractor shall take precautions to protect existing facilities and features within the designated construction limits and along the access to the construction Part One Section 1000 - Summary of Work Asbestos Abat®mt Papa 8 of 8 site. Any damage caused by the Contractor or his Subcontractor shall be repaired immediately at his expense. C. REPAIR OF DAMAGE 1. The Contractor shall be responsible for any loss or damage caused by him, his workmen, or his subcontractors to the work or materials, to tools and equipment of one another, to adjacent property and person, and shall make good any loss, damage or injury without cost to the Owner. D. EXISTING UNDERGROUND UTILITIES 1. Existing underground lines occur in the site where the work is to be done. Such lines will be staked by the Owner if necessary for the benefit of the Owner and the Contractor prior to start of the work. E. NEW UTILITY CONSTRUCTION 1. Utility Service: Coordinate with Owner and Consultant for shut -off, capping and continuation of utility service as required. 2. Outages: Two days prior notice of all utility outages must be given to the Owner and Consultant, and all work of this nature must be approved and coordinated with the Owner and Consultant. F. CONSTRUCTION SEQUENCE 1. The sequence of all construction operations shall permit the continuous operation of the Library by the Owner during portions of the construction period. 2. The actual phases of the construction shall be developed by the successful bidder in cooperation with the Owner and Consultant to provide the needed occupancy of the facilities. G. DUST /SOUND BARRIERS 1. The Contractor shall construct and maintain polyfilm dust/sound barriers to prevent the spread of construction dust and sounds into the adjacent occupied spaces of the existing building. 2. Locate barriers as required and as directed by Owner. 1.10 FIELD ENGINEERING A. LAYING OUT WORK 1. Immediately upon entering project site for the purpose of beginning work, the Contractor shall locate all general reference points and take such action as is necessary to prevent their destruction; lay out his work, and be responsible for all lines, elevations, and measurements of buildings, utilities, and other work executed by him under the contract. 2. A competent foreman or superintendent initially approved by the Consultant shall be kept by the Contractor at the building at all times and in continuous superintendence during the progress of the work, to receive instructions and to act for the Contractor in the accurate laying out and direction of all work. 1.11 REGULATORY REQUIREMENTS A. PERMITS AN D LAWS 1. The Contractor shall arrange for the issuance of permits as required by any governing body. the Contractor shall comply with all Federal, State and Municipal Laws, Codes and Ordinances applicable to the work of this contract, and he shall comply with all regulations of the National Board of Fire Underwriters having jurisdiction, and he shall obtain and pay for all permits required in connection with the execution of his work. The Consultant shall be furnished with certified copies of these permits if requested. 2. If the above Laws, Codes or Ordinances conflict with the Contract Documents, then the laws, codes or ordinances shall govern instead of the documents, except in such cases where the documents exceed them in quality of materials or labor; then the documents shall be followed. 1.12 UTILITIES A. Telephone: Contractor shall be responsible for his own telephone. B. Toilets: The Contractor shall provide and maintain in good order temporary chemical toilet facilities for all workmen and shall Part One Section 1000 • Summary of Work Aabartea Abetam®t Page 4 of 8 remove same at completion of the work. Toilets shall be completely enclosed and of neat appearance. Toilet locations shall be approved by the Consultant. C. Provide facilities to exclude unauthorized visitors from the construction site. Provide personal safety equipment for authorized visitors. Provide temporary doors with locks where required. D. Provide and maintain warning lights and signs as necessary to prevent damage of injury. Keep warning lights burning from dusk to dawn. 1.14 FIRE PROTECTION DURING CONSTRUCTION A. The Contractor, Subcontractor and their personnel are required to be in compliance with the fire protection and prevention requirements of the Occupational Safety and Health Act for Construction. B. Waste combustible materials shall not be allowed to accumulate at the work site and shall be removed from the site and disposed on a regular basis. 1.15 BARRICADES A. Construct and maintain barricades sufficient to prevent injury to persons and damage to property. Provide covered walkways for use by Owner while construction is in progress. Barricades shall comply with local codes and ordinances. 1.16 FURNISHING OF WATER AND ELECTRICITY A. The OWNER will provide a source of water; however, it shall be the responsibility of the CONTRACTOR, at his own expense, to provide temporary connections and route the water to its usage area. B. The OWNER will provide the normal electrical supply and currently installed electrical system in the building for the use of the CONTRACTOR; however, it shall be the responsibility of the CONTRACTOR, at his own expense, to provide temporary connections and route the power to its usage area. The OWNER provides no warranty as to the system's condition or capabilities. C. The OWNER will pay cost of the above utilities for the duration of the Project. Cost of excessive waste or abuse of provided utilities, as determined by the CONSULTANT. will be backcharged to the , CONTRACTOR and deducted from the Contract Amount. D. Damage to the water or electrical systems or surrounding areas (floors. ceilings, walls, etc.) resulting from failure of CONTRACTOR's materials (hoses, cabling, etc.) or misuse or abuse of the existing Systems shall be repaired or replaced by the CONTRACTOR to the satisfaction of the OWNER at no additional expense to the OWNER. E. At the completion of Work the CONTRACTOR shall remove temporary connections and restore systems and surrounding area to pre - abatement conditions. F. All temporary power hookups and wiring shall be done according to the current edition of the National Electrical Code. 1.17 PRE - CONSTRUCTION CONFERENCE A. The CONTRACTOR shall schedule and conduct a pre - construction conference with the OWNER and the CONSULTANT to discuss the particulars of the Work prior to start of Work. The meeting shall include a tour of the Work Areas to verify conditions priorto abatement activities. 1.18 STOP WORK ORDER A. The General Conditions are hereby amended r to permit the OWNER or CONSULTANT to stop work with the issuance of a Stop Work Order. B. If the OWNER or CONSULTANT presents a written or verbal Stop Work Order, immediately and thoroughly stop work. Do not recommence work until authorized in writing by the CONSULTANT. 1.19 WORK HOURS A. CONTRACTOR shall schedule his work so that the maximum number of work hours per man does not exceed ten (10) within any twenty- four (24) hour period, except as authorized by the CONSULTANT. 1.20 SECURITY A. Adequate warning signs shall be posted to warn persons approaching a Work Area of Park On Section 1000 - summary of work Aiboitos Abatement Page 5 018 the dangers of asbestos. Where possible post signage within building but not visible to outside of building. Locate signage to provide warning to persons approaching a Work Area from any direction; post signage at such points so that persons approaching the Work Area will have time to take adequate safety precautions. B. If The work involves the entire building, establish a twenty foot (20) perimeter line clearly demarcated to restrict unauthorized access to the building. C. The OWNER may, on his own election, provide security on any and all premises covered under this Agreement. The OWNER will not be liable for damage, injury or destruction to any personal property owned by the CONTRACTOR or any death, sickness, disease, or bodily injury incurred by an employee or agent of the CONTRACTOR as a result of the provision of such security. The CONTRACTOR, its employees, agents and directors specifically and forever release, acquit and waive any and all claims, demands and obligations against the OWNER arising from, whether directly or consequentially, the provision of such security. 1.18 POTENTIAL ASBESTOS HAZARD A The disturbance or dislocation of Asbestos Containing Material (ACM) may cause asbestos fibers to be released into the building's atmosphere, thereby creating a potential health hazard to workmen and building occupants. Apprise all workers, supervisory personnel, subcontractors and consultants who will be at the jobsite of the seriousness of the hazard and of proper work procedures which must be followed. B. Where in the performance of the work, workers, supervisory personnel, subcontractors, or consultants may encounter, disturb, or otherwise function in the immediate vicinity of any identified ACM, take appropriate continuous measures as necessary to protect building occupants from the potential hazard of exposure to airborne asbestos. Such measures shall Include the procedures and methods described herein, and compliance with regulations of applicable federal, stare and local agencies. 1.22 ASBESTOS CONTAINING MATERIALS A. The CONTRACTOR shall always be mindful of the possible presence of asbestos - containing materials (in addition to the ACM to be abated under this contract) and shall carry out its work with due diligence in light of this possibility. The CONTRACTOR shall be and remain at all times solely responsible for the safety of its employees in the performance of the Work and shall take all precautions necessary to insure such safety. B. The CONTRACTOR may discover suspected ACM, other than material to be abated under this Contract. Upon such discovery the CONTRACTOR shall take such action as is reasonably necessary and feasible to provide an interim safe and secure environment for its employees and third parties until the determination can be made of how next to proceed. C. The CONTRACTOR shall promptly notify the CONSULTANT of such suspected material. The CONSULTANT will thereupon determine the proper course of action (sampling, testing. etc.), prepare his report and proceed with notification to the OWNER. D. In no event shall the CONTRACTOR discuss such materials with parties other than the CONSULTANT. E. The CONSULTANT will determine if the material is ACM and so inform the CONTRACTOR. The CONTRACTOR shall modify actions as necessary to continue a safe and secure environment. At the discretion of the OWNER, the CONSULTANT will convey detailed report results to the CONTRACTOR. 1.23 OWNER OCCUPANCY A. Cooperate fully with the OWNER during construction operations to minimize conflicts and to facilitate OWNER usage. Perform the work so as not to interfere with the OWNER's operation. 1.24 ACCESS TO AFFECTED AREA A. The CONTRACTOR shall have access only to those areas designated as Work Areas, or as otherwise directed by the OWNER. Storage of materials, field mobilized activities and personnel shall remain in designated areas. Part Ow Station icon . Summary of Wodq Aabeatn Abatement Palo 8 of 8 1 1.25 USE OF THE SITE A. The CONTRACTOR shall limit his use of the premises to the work indicated, so as to allow for OWNER occupancy and use by the public, if required. B. Confine operations at the site to areas designated. Portions of the site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction. C. Keep existing driveways and entrances serving the premises clear and available to the OWNER and his employees at all times. Do not use these areas for parking or storage of materials. D. Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials and location of storage sheds to areas designated. If additional storage is necessary, obtain and pay for such storage off site E. Lock vehicles. such as passenger cars and trucks and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended with the motor running or the ignition key in place or accessible to unauthorized persons. .26 CONTRACTOR'S USE OF THE EXISTING BUILDING A. Maintain existing building in a sate and weather -tight condition throughout the construction period. Take all precautions necessary to protect the building and its occupants during the construction period. B. Keep public areas such as hallways, stairs, elevator lobbies and toilet rooms free from accumulation of waste, rubbish or construction debris. C. Smoking or open fires will not be permitted within the building enclosure or on the premises D. Except for Toilet Room(s) as may be designated by the CONSULTANT for use by the CONTRACTOR's personnel, use of existing toilets within the building, by the CONTRACTOR's personnel, will not be permitted. 1.27 PARTIAL OWNER OCCUPANCY A. The OWNER reserves the right to place and install equipment as necessary. or conduct other non - asbestos construction or remodel work, in areas of the building in which all asbestos abatement and project decontamination procedures have been completed, and to occupy such completed areas prior to substantial completion, provided that such occupancy does not substantially interfere with completion of the work. Such placing of equipment and partial occupancy shall not constitute acceptance of the work or any part of the work. 1.28 AIR MONITORING SERVICES A. The OWNER will provide and pay for Inspection and Air Monitoring services through the CONSULTANT for the entirety of the Project. 8. Such services will be full -time, and there shall be no Abatement Work conducted unless the CONSULTANT is on -site. C. Notify the CONSULTANT five (5) days prior to any proposed Work schedule change to allow for rescheduling of personnel. D. The CONTRACTOR will be backcharged by the OWNER for All Project Inspection and Air Monitoring services provided by the Owner, at the OWNER's cost plus twenty percent (20 %), when the CONTRACTOR fails to work during the agreed upon Project Duration Scheduled Hours due to late arrival or "no- show" or failure to provide adequate personnel or equipment or for any other reasons to accomplish the Work. E. The Contractor will be also be backcharged by the Owner, in addition to the liquidated damages as outlined in the Contract, for all Project Inspections and Air Monitoring Services provided by the Owner, at the Owner's cost plus twenty percent (20 %) when the Contractor fails to complete the Project by the Completion Date established by the Contract Documents. Costs of CONSULTANT's services for retests and reinspections required due to failure of the CONTRACTOR will be backcharged at OWNER's cost plus twenty percent (20 %). Pat Ong Section 1000 - Summary of Work Menem Ahat®mi Page 7 or 8 1.29 RELATED DOCUMENTS A. Drawings, general provisions of Contract, including General and Supplementary Conditions, and other Specification sections, apply to work of this section. 1.30 SUMMARY BY REFERENCES A. Work of the Contract can be summarized by references to the Contract, General Conditions, Supplementary Conditions, Specifications Sections, Drawings, addenda and modifications to the Contract documents issued subsequent to the initial printing of this Project Manual and including, but not necessarily limited to, printed material referenced by any of the above. Work of the Contract is also unavoidably affected or influenced by goveming regulations, natural phenomenon including weather conditions and other forces outside Contract Documents. 1.31 CONTRACT TIME A. The OWNER intends to award the Contract by the Tentative Contract Award date; however, is under no obligation to do so. lithe Contract is awarded on the Tentative Contract Award date, the Contractor shall commence work on the Project Start date, and shall fully complete all work by the Project Completion date. If a different Project Start date is selected by the OWNER and the Contractor agrees to the revised start date, the Work shall be completed within the Maximum Project Duration, being the number of consecutive calendar days from the revised Project Start date to the revised Project Completion date. Tentative Contract Award and Date of State Notification September 26, 1997 Project Start October 20, 1997 Project Completion Base Bid Item One October 24, 1997 Project Duration 5 working days Maximum work hours will be TEN (10) hours per day. Asbestos Abatement Portion of Work is Six days perweek. Part One; Section 1000 - Summary of Work; Asbestos Abatement Page It of tl TENTATIVE CONTRACT AWARD AND DATE OF STATE NOTIFICATION: July 5, 2000 PROJECT START: July 17, 2000 PROJECT COMPLETION; July 31, 2000 PROJECT DURATION: 14 Calender Days Maximum work hours will be TEN (10) hours per day. Asbestos Abatement will be performed Six (6) days per week. 1.32 ABBREVIATED WRITTEN SUMMARY A. Briefly and without force and effect upon the Contract Documents, the Work of the Contract can be summarized as including removal and disposal of asbestos - containing materials associated with resilient sheet flooring and mastic, ceiling texture, wallboard tape & float and 12x12 floor tiles and mastic, in Quantities as noted in Section 2000. B. Quantities listed are estimates only. The CONTRACTOR is responsible for verifying quantity estimates prior to submission of bid. The CONTRACTOR will perform work for materials and locations indicated, regardless of actual quantities, and no increase in Contract amount will be allowed for quantity adjustment. All areas shall be abated under full containment utilizing guidelines as set forth in these specifications unless expressly stated partial containment may be used. END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART ONE, SECTION 2000 ASBESTOS ABATEMENT PROJECT MANUAL RELATED DOCUMENTS PROJECT/WORK IDENTIFICATION General Contract Documents ASBESTOS ABATEMENT SPECIFICATIONS General provisions of Contract, including General and Supplementary Conditions, and other Division - Specification Sections, apply to work of this section. Project name is Asbestos - Containing Building Material Abatement - 100 - 103 Fairlane and 100 - 103 Belaire Drives, Round Rock, Williamson County, Texas 78664 on Contract Documents prepared by Owner's Representative. Specifications are dated June 1, 2000. Indicative of the work of the Contract and related requirements and conditions that have an impact on the project. Related requirements and conditions that are indicated on the Contract Documents include, but are not necessarily limited to the following: Applicable codes and regulations. Notices and permits. Existing site conditions and restrictions on use of the site. All persons involved in abatement activities shall be properly licensed by the State of Texas. Summary by References Work of the Contract can be summarized by references to the Contract, General Conditions, Supplementary Conditions, Specification Sections, Drawings, Addenda and modifications to the Contract Documents issued subsequent to the initial printing of this project manual and including but not necessarily limited to printed material reference by any of these. Work of the Contract is also unavoidably affected or influenced by goveming regulations and other forces outside the contract documents. Existing Site Conditions • The building will not be occupied during the abatement process. 1 a. A. Denese Huntsbeny, R.E.M. Individual Asbestos Consultant TDH License N °: 10 -5460 PLAN OF ACTION: Water will be provided from one residence per street. In other words, one residence on Fairlane will have water turned on for Contractor use and one residence on Belaire will have water turned on for Contractor use. Electricity WILL NOT BE PROVIDED. Contractor will have to provide a generator for electrical use. Only one licensed asbestos abatement supervisor will be required per crew work area. When the crews are working on Fairlane, only one supervisor will be required and only one supervisor is required for Belaire. Submit a detailed job - specific plan of the procedures proposed for use in complying with the requirements of this specification. Include in the plan the location, size, layout and details of the work areas and worker decontamination facilities. Include the sequencing of abatement work, the interface of trades involved in the performance of work, methods to be used to assure the safety of building occupants and visitors to the site, disposal plan including location of approved disposal site, and a detailed description of the methods to be employed to control pollution. Method of removal to reduce asbestos dust generation in the work area, and packaging of removed asbestos dust and debris. Describe the methods that will be used to comply with OSHA requirements including submission of exposure monitoring to demonstrate adequacy of respiratory and worker protection equipment selected. The plan must be approved by the Project Designer prior to commencement of work. CONTRACTOR USE OF PREMISES a. During the construction period the Contractor shall have full use of the premises for construction operations, including use of the site. The Contractor's use of the premises is limited only by the Owner's right to perform work or to retain other contractors on portions of the Project. b. Limit use of the premises to work in areas indicated. Confine operations to areas within contract limits indicated. Do not disturb portions of the site beyond the areas in which the Work is indicated. c. Driveways and Entrances: Keep driveways and entrances serving the premises clear and available to the Owner, the Owner's Representative, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site. 2 a. A. Denese Huntsberry, R.E.M. Individual Asbestos Consultant TDH License N °: 10 -5460 d. Lock automotive type vehicles, such as passenger cars and trucks and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended with the motor running or the ignition key in place or accessible to unauthorized persons. e. Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials and location of storage sheds to the areas indicated. If additional storage is necessary obtain and pay for such storage off site. f. No Smoking or open fires will be permitted within the building enclosure or on the premises. g. Do not allow eating, drinking, smoking, chewing tobacco or gum, or applying cosmetics in the Work Area. h. Shut down any air handling equipment bringing air into or out of the Work Area. Pick up any debris which may puncture polyethylene sheeting from floor and other surfaces in the immediate location of the work prior to commencing work by hand or use of a High Efficiency Particulate Air (HEPA) filtered vacuum. At end of each work shift remove any asbestos debris/dust and other debris which collect on the sheeting either by using a HEPA vacuum or by spraying with wet wash solution, collect debris with wet paper towels, place in properly labeled disposal bag while still wet, and clean surface of plastic sheet with wet paper towels. SAFETY REQUIREMENTS. The following safety requirements shall be in effect for the abatement project: a. Fire Safety. At least one fire extinguisher with a minimum National Fire Protection Association rating of 10BC (dry chemical) shall be placed within each abatement project containment for every 1,000 square feet, or fraction, of containment area. b. Electrical Safety. Ground -fault circuit interrupter (GFCI) units shall be installed on all electrical circuits used within the regulated and containment areas. c. Air Monitoring. Air monitoring shall include baseline sampling, personal samples, area sampling, and clearance sampling according to 40 CFR Part 763, Subpart E and Texas Department of Health Asbestos Health Rules (asbestos) and 29 CFR 1926.62. 3 Q . .atv+t i t 4-t !/ ' A. Denese Huntsberry, R.E.M. Individual Asbestos Consultant TDH License N 10 - 5460 WORKER PROTECTION Workers shall be provided protective clothing and respiratory protection for asbestos abatement according to 40 CFR Part 763, Subpart E and Texas Department of Health Asbestos Health Rules (asbestos) and 29 CFR 1926.62. All respirators shall be equipped with HEPA filters. Regardless of the airborne fiber /dust levels, require that the minimum level of respiratory protection used be half -face air- purifying respirators with high efficiency filters. Do not allow the use of single -use, disposable, or quarter -face respirators for any purpose. BACKCHARGES. Where Contractor fails to fulfill packaging, handling, or disposal requirements as outlined herein, Owner will charge back to Contractor all costs associated with insuring that hazardous wastes are packaged and segregated in accordance with EPA and DOT regulations. A. Environmental pollution of Owner's property resulting from Contractor's hazardous waste management activities shall be promptly remediated under Owner direction, to the Owner's sole satisfaction, and at the Contractor's sole expense. B. Contractor agrees to either reimburse the Owner, or reduce the Contract amount by change order to cover all costs associated with waste repackaging, waste re- segregation, or pollution remediation efforts. SCARY OR SCOPil O WORT - ASr l sTOS .AMATEMENT Remove and dispose of the following asbestos at the specified locations. NOTE: The wallboard for the walls and ceilings will be removed as whole components. The texture on the wallboard is positive for asbestos, making the wallboard and tape /float results less than one percent asbestos (presumed asbestos- containing material). (See Table starting on the next page). 4 Q. ri A. Denese Huntsberry, R.E.M. Individual Asbestos Consultant TDH License N °: 10 -5460 ADDRESS ' 6ASB65Tbt' =-a° : 'FRAtttLE'• 1 LOGAIION ", AMOUNT. 100 Belaire Dr Wallboard, tape and float and wall texture No kitchen, dining room, and bathroom 862 SF Wallboard, tape and float and wall texture Yes Throughout structure - except kitchen, dining room, and bathroom 1736 SF 101 Belaire Dr Resilient Sheet Flooring - Brown Mosaic Pattern No Kitchen and Dining Room 372 SF Resilient Sheet Flooring - White Linoleum with blue - gray specs No Master Bath 30 SF Resilient Sheet Flooring - Mottled Brown with Glitter No Hallway Bath 40 SF Wallboard, Tape and Float, Texture - white medium sponge texture No Ceilings throughout and walls and ceilings in bedrooms and living room and master bath 3383 SF 103 Belaire Dr Wallboard, tape and float, and white texture - heavy sprayed on texture Yes Throughout except pool room and entertainment room 1543 SF 12x12 inch brown vinyl floor tile No Living room, kitchen, dining room, hallway, all bedrooms except master bedroom 1103 SF Resilient Sheet Flooring - brown geometric pattern and mastic No Entrance hallway and hallway bath 116 SF 100 Fairlane Wallboard, tape and float, and white heavy sprayed -on texture Yes Living room, kitchen, and northeast bedroom 742 SF Wallboard, tape and float, and white knockdown texture Yes Hallway, hallway bath, north bedroom, master bath 438 SF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Y 1 5 a. A. Denese Huntsberry, R.E.M. Individual Asbestos Consultant TDH License N°: 10 -5460 FRDDittS iY#'6" ASii$ TO •-" 4 " i s TAL31 E •; LOCATION 1 ;::> AMOUNT 100 Fairlane 12x12 inch beige with gray vinyl floor tile and mastic No Utility room 114 SF Resilient sheet flooring- brown with 6x6 inch pattern and mastic No Kitchen and front entrance 243 SF Resilient sheet flooring - off white with gray 6x6 inch pattern and mastic No Hallway bath 40 SF 12x12 inch vinyl floor tile - beige mosaic and mastic No Living room, hallway, all bedrooms 841 SF Window putty Yes All exterior windows 240 LF Wallboard, tape and float, and texture - yellow sponge texture Yes Master bath and hallway bath 109 SF Wallboard, tape and float and texture Yes Walls of utility room, and walls and ceilings in garage 1308 SF Wallboard, tape and float, and texture - yellow sand texture Yes Utility room ceiling 114 SF 102 Fairlane Dr Wallboard, tape and float, and texture - heavy sprayed- on texture No Throughout except garage 1325 SF 12x12 inch tan mosaic floor tile and mastic No Dining room, kitchen, and front entrance 348 SF Wallboard, tape and float, and white texture No Garage walls and ceiling 866 SF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6 a. Gat/ItiA4442GN t w u1 A. Denese Huntsbeny, R.E.M. Individual Asbestos Consultant TDH License N 10 -5460 A R � "• YP Ei4SB ios —, 4 ' ; FRIA.s E LOCA' ` ON AMOUNT 102 Fairlane Wallboard, tape and float, and off -white texture No Utility room 416 SF Wallboard, tape and float, and heavy white texture No Living room 608 SF Wallboard, tape and float, and various colors of wall texture No Throughout except garage, utility room, dining room and living room 316 SF 101 Fairlane Wallboard, tape and float, and heavy white texture No Throughout except garage 292 SF 12x12 inch tan vinyl floor tile and mastic No Throughout except entrance and hallway bath and garage 1227 SF Wallboard, tape and float, and various colors of wall texture No All bedrooms and utility room 1632 SF 103 Fairlane Dr Wallboard, tape and float, and various colors of wall texture No Throughout except garage 1215 SF 12x12 inch green floor tile and mastic No Kitchen, dining room and entrance 384 SF 12x12 inch beige floor tile and mastic No Master bedroom 21 SF 12x12 inch tan floor tile and mastic No Hallway bath and closet 86 SF Wallboard, tape and float and texture - white No Throughout except garage and kitchen /dining room 3908 SF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 1 7 A. Denese Huntsbeny, R.E.M. Individual Asbestos Consultant TDH License N°: 10 -5460 Written Summary Briefly and without force and effect upon the contract documents, the work of the Contract can be summarized as follows: 1. Containment and Critical Barriers. The interior abatement will be conducted under full containment. The building windows and all penetrations will be completely contained by covering and securing with 6 mil polyethylene sheeting. Any large openings, such as roof damage and floor damage, will also be covered with 6 mil polyethylene sheeting. Any large openings caused during abatement or any breaches found during material removal will be sealed with 6 mil ploy sheeting. 0.02 inches of water column differential under negative pressure conditions will be reached, when possible, at all times -- this will be judged by working conditions and corrected immediately. Air changes will be every 15 minutes and the negative air pressure will be created by using air filtration devices equipped with high - efficiency particulate air (HEPA) filters. This will be checked by the Contractor using a ticker tape manometer. 2. Decontamination System. A three -stage decontamination (decon) system consisting of a dirty room, air lock, and clean room is allowed attached to the containment and used with a remote five -stage decon unit. All personnel must be double- suited if the three stage decon unit is used. The top suit shall be removed and disposed of in the dirty room. Fibers shall be removed from the bottom suit using a HEPA vacuum and all personal protective equipment will be wet wiped in the dirty room. Personnel may then proceed to the clean room and don a clean suit. Personnel may then proceed to a remote five -stage decon unit consisting of a dirty room, air lock, shower, air lock, and clean room. The remote decon unit must be in the controlled area. Abatement equipment may be wet wiped in the three stage unit. Except for the doorways and the make -up air provisions for the enclosure, the worker decontamination systems shall be sealed against leakage of air. No asbestos - contaminated individuals or items shall enter the clean room. If a five -stage decon unit is attached to the containment, double suiting is not necessary. 3. Regulated Area. Only State licensed persons, responding emergency personnel (police, fire, EMS, etc.), specialists required for assistance as determined by the consultant, or governmental inspectors may enter the regulated area. 4. Movable Objects. All movable objects shall be removed from the containment area. Cleaning of contaminated items shall be performed if the items are to be salvaged or reused. Otherwise, they shall be properly disposed of as asbestos waste. All non - movable objects that remain in the containment area shall be covered with a minimum of four -mil plastic sheeting, secured in place. 8 a. UGt-u Pmt A. Denese Huntsberry, R.E.M. Individual Asbestos Consultant TDH License N°: 10 -5460 5. Heating, Ventilation and Air Conditioning System Equipment (HVAC). All HVAC equipment in or passing through the work area shall be shut down, and preventative measures taken to prevent accidental start-ups. All intake and exhaust openings and any seams in system components shall be sealed with at least six-mil sheeting and/or tape. All old filters shall be disposed of as asbestos waste. 6. Warning Signs. Danger signs in accordance with 29 Code of Federal Regulations § 1926.58, shall be displayed, in both the Spanish and English languages, at all entrances to regulated areas, and on the outside of critical barriers. 7. High - Efficiency Particulate Air (HEPA) Cleaning. Cleaning procedures shall use wet methods and HEPA vacuuming, and visual inspections shall be performed in accordance with 40 CFR, Chapter 1, §763.90(I)(1). 8. Requirement for Removal. The requirements for removing ACM are that: a. Contractor will use a low odor solvent with a flashpoint of greater than 140 °. Remaining mastic may be encapsulated on wooden floors. b. Contractor will use full -face powered air purifying respirators with HEPA cartridges when abating friable asbestos material. Half face air purifying respirators with HEPA cartridges can be used when abating non friable material. 9. Air Monitoring. a. Work Area Isolation: If any of the following should occur immediately cease asbestos abatement activities until the fault is corrected: Contamination of the building outside of the work area with airborne asbestos fibers, Failure of filtration or rupture in the differential pressure system, Contamination of air outside the building envelop airborne asbestos fibers. Exterior window caulking - All work will be accomplished using NESHAP guidelines, wet method and not visual emissions. Air samples will be collected downwind and inside the work area. 9 a A. Denese Huntsbeny, R.E.M. Individual Asbestos Consultant TDH License N °: 10 -5460 Location Sampled Number of Samples Analysis Method Sampling Sensitivity Fibers /cc Minimum Volume (Liters) Rate LPM Each Work Area 1 PCM 0.01 1,200 1 -10 Outside Building 1 PCM 0.01 1,200 1 -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 b. Work Area Airbome Fiber Count: The Owner will monitor airborne fiber counts in the Work Area. Air monitoring will be conducted throughout the course of the project. c. Inside Work Area: Maintain an average airborne count in the work area of less than 0.5 fibers per cubic centimeter. If the fiber counts rise above this figure for any sample taken, revise work procedures to lower fiber counts. If the Time Weighted Average (TWA) fiber count for any work shift or 8 hour period exceeds 0.5 fibers per cubic centimeter, stop all work, leave Pressure Differential System in operation and notify Owner's Representative. After correcting cause of high fiber levels, do not recommence work for 24 hours unless otherwise authorized, in writing, by Owner's Representative. If airborne fiber counts exceed 2.0 fibers per cubic centimeter for any period of time cease all work except corrective action until fiber counts fall below 0.5 fibers per cubic centimeter and notify Owner's Representative. After correcting cause of high fiber levels, do not recommence work for 24 hours unless otherwise authorized, in writing, by Owner's Representative. d. Outside Work Area: If any air sample taken outside of the Work Area exceeds the base line established below, immediately and automatically stop all work except corrective action. The Owner's Representative will determine the source of the high reading and so notify the Contractor for corrective procedures. Complete corrective work with no change in the Contract Sum if high airborne fiber counts were caused by Contractor's activities. The Contract Sum and schedule will be adjusted for additional work caused by high airborne fiber counts beyond the Contractor's control. e. Before Start of Work: The Owner will secure air samples to establish a baseline before start of work. 10 Q. 12244.P.A.246tvtrltcn.?y A. Denese Huntsberry, R.E.M. C Individual Asbestos Consultant TDH License N 10 -5460 Location Sampled Number of Samples Analysis Method Detection Sensitivity Fibers /cc Minimum Volume (Liters) Rate LPM Each Structure 5 PCM 0.01 1,200 1 -10 1 1 1 1 1 1 1 1 ' Additional samples may be taken at Owner's or Owner's Representatives discretion. If airbome fiber counts exceed allowed limits additional samples will be taken as necessary to monitor fiber levels. 1 1 1 1 1 1 1 1 1 F. 1 Base Line: an action level expressed in fibers per cubic centimeter which is twenty -five percent greater than the largest of the following: Average of the PCM samples collected outside each Work Area and average of the PCM samples collected outside the building is 0.01 fibers per cubic centimeter f. Daily. From start of work through project decontamination, the Owner may be taking the following air samples on a daily basis. OR AS REQUIRED BY CONDITIONS 10. Laboratory Testing. The services of a testing laboratory may be employed by the Owner to perform laboratory analysis of the air samples. A microscope and technician will be set up at the job site, or samples will be sent overnight on a daily basis, so that verbal reports on air samples can be obtained immediately. The Contractor will have access to all air monitoring tests and results. 11. Clearance. The asbestos abatement work area is cleared when the Work Area is visually clean and airbome asbestos structure concentrations have been reduced to the baseline levels or below. Air monitoring required by OSHA is work of the Contractor. 12. Disposal. a. All waste is to be hauled by a waste hauler with all required licenses from the state and local authority with jurisdiction. b. Load all asbestos- containing waste material in polyethylene sheeting, disposal bags or leak -tight drums. All materials are to be contained in one of the following: Two 6 mil disposal bags or 11 A. Denese Huntsberry, R.E.M. Individual Asbestos Consultant TDH License N°: 10 - 5460 Two 6 mil disposal bags and a fiberboard drum or Sealed steel drum with no bag c. Protect interior of truck or dumpster with 6 mil polyethylene sheeting. d. Carefully load containerized waste in fully enclosed dumpsters, trucks or other appropriate vehicles for transport. Exercise care before and during transport, to insure that no unauthorized persons have access to the material. e. Do not store containerized materials outside of the Work Area. Take containers from the Work Area directly to a sealed truck or dumpster. Do not transport disposal bagged materials on open trucks. Label drums with same warning labels as bags. Uncontaminated drums may be reused. Treat drums that have been contaminated as asbestos - containing waste and dispose of in accordance with this specification. g. Advise the landfill operator or processor, at least ten days in advance of transport, of the quantity of material to be delivered. h. Dispose of asbestos waste according to landfill procedures. Retain receipts from landfill or processor for materials disposed of. j. At completion of hauling and disposal of each load submit copy of waste manifest, chain of custody form, and landfill receipt to Owner's Representative. 12 Q A. Denese Huntsberry, R.E.M. Individual Asbestos Consultant TDH License N 10 -5460 1 1 ASBESTOS INSPECTION REPORT June 12, 2000 Mr. Glenn Deadman Deadman and Furgerson 214 Dwyer, Suite 300 San Antonio, TX 78205 RE: Asbestos Survey - TDH Demolition/Renovation Notification Old Office Interiors, 501 S. Main San Antonio, Texas CEI Project 11 2842 Dear Mr. Deadman: An asbestos survey was accomplished at the referenced property on June 6, 2000. The survey was accomplished by Norman Craanen, Individual Asbestos Consultant TDH License N° 10 -5220 of Clean Environments, Inc., Asbestos Consultant Agency, TDH License N 10 -0005. The ACBM survey was conducted in accordance with the EPA Guidance for Controlling Asbestos - Containing Materials in Buildings, EPA 560/5 -85 -024, June 1985 and Texas Asbestos Health Protection Rules (25 TAC 295), December 1998 and the City of San Antonio, City Ordinance N which requires that an asbestos survey be accomplished prior to demolition, renovation, and /or alterations that include the demolition of interior building materials and /or remodeling for any commercial structure. BACKGROUND Construction materials containing asbestos have been used extensively in buildings. Asbestos possesses excellent properties for fireproofing and insulation materials. Asbestos may be found in: (1) cement products; (2) spray applied or trowel applied materials on ceiling, walls, and other surfaces; (3) insulation on pipes, boilers, tanks, ducts, and other equipment; (4) vinyl floor tiles; (5) roofing felts; (6) flooring coatings; and (7) other miscellaneous products. Friable asbestos material is any material that contains more than 1 percent asbestos by weight which can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure. Some of these asbestos - containing materials are not considered friable now, but could become friable if not properly managed and maintained under an asbestos management program. The concern about exposure to asbestos is based on evidence linking various respiratory diseases with occupational exposure in the shipbuilding, mining, milling, and fabricating industries. The presence of asbestos does not mean that there is a significant health risk to the property occupants. As long as asbestos - containing materials remain in good condition and are not disturbed, exposure is unlikely. Through proper control of building operations and maintenance activities, disturbance or damages to asbestos - containing materials in buildings are minimized, thus limiting the occupant's exposure to airborne asbestos fibers. Clean Environments, Inc. Industrial Hygiene & Environmental Engineering Consultants April 28, 2000 Mr. Thomas Word City of Round Rock 221 East Main Street Round Rock, Texas 78220 RE: Asbestos Survey - TDH Demolition/Renovation Notification 100, 101 and 103 Belaire Drive and 100, 101, 102, and 103 Fairlane Drive Round Rock, Texas CEI Project N 2839A Dear Mr. Word: An asbestos survey was accomplished at the referenced property on March 8 through April 28. 2000. The survey was accomplished by Mr. Ken Johnson, Asbestos Management Planner, Texas Department of Health (TDH) License N° 20 -5150, working under A. Dnese Huntsberry, Individual Asbestos Consultant, TDH License N 10 -5460 of Clean Environments, Inc., Asbestos Consultant Agency, TDH License N 10 -0005. The ACBM survey was conducted in accordance with the EPA Guidance for Controlling Asbestos - Containing Materials in Buildings, EPA 560/5 -85 -024. June 1985 and Texas Asbestos Health Protection Rules (25 TAC 295), December 1998 which requires that an asbestos survey be accomplished prior to demolition, renovation, and/or alterations that include the demolition of interior building materials and/or remodeling for any commercial structure. BACKGROUND Construction materials containing asbestos have been used extensively in buildings. Asbestos possesses excellent properties for fireproofing and insulation materials. Asbestos may be found in: (1) cement products; (2) spray applied or trowel applied materials on ceiling, walls, and other surfaces; (3) insulation on pipes, boilers, tanks, ducts, and other equipment; (4) vinyl floor tiles; (5) roofing felts; (6) flooring coatings; and (7) other miscellaneous products. Friable asbestos material is any material that contains more than 1 percent asbestos by weight which can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure. Some of these asbestos - containing materials are not considered friable now, but could become friable if not properly managed and maintained under an asbestos management program. The concem about exposure to asbestos is based on evidence linking various respiratory diseases with occupational exposure in the shipbuilding, mining, milling, and fabricating industries. The presence of asbestos does not mean that there is a significant health risk to the property occupants. As long as asbestos- containing materials remain in good condition and are not disturbed, exposure is unlikely. Through proper control of building operations and maintenance activities, disturbance 10803 Gulfdale, Suite 210 • San Antonio, Texas 78216 • 210/349 -7242 • Fax 210/349 -1132 Clean Environments, Inc. Asbestos Survey for 100 -103 Belaire and 100 -103 Fairlane Drive Round Rock, Texas Page 2 or damages to asbestos- containing materials in buildings are minimized, thus limiting the occupant's exposure to airborne asbestos fibers. Building alterations and/or demolition require knowledge of what materials contain asbestos and if they will be removed or disturbed during the project. Under the Clean Air Act, the EPA has issued a National Emission Standard for Asbestos (40 CFR 61.140 - 61.156). This Standard regulates reporting requirements, work practices, waste disposal, and emissions from facility modification and /or demolition operations. The Standard applies only to materials containing more than 1 percent friable asbestos. Asbestos containing material according to the State of Texas Asbestos Health Rules is any building material containing greater than 1 percent asbestos. Revisions to the asbestos National Emissions Standard for Hazardous Air Pollutants (NESHAP) were promulgated on November 20, 1990. These include a requirement to point count in order to quantify asbestos in samples where the content is below 10 percent. The intent of the revision is to improve quantitative analysis of asbestos for all applications. Samples where no asbestos is detected do not have to be point counted. If asbestos is detected, but is less than 10 percent, the owner or operator of the building may elect to (1) assume the amount to be greater than 1 percent and treat the material as asbestos or (2) require verification of the amount by point counting. The point count results are not used for these samples. It is a Clean Environments, Inc. policy to treat all samples with detectable levels of asbestos fibers as asbestos - containing material and to recommend a point count, using a mechanical stage and random point reticule, for all samples found to be 1 percent or less. The owner or operator of the building may elect to conduct further testing of samples that range from greater than 1 percent to 10 percent before treating the material as asbestos. FINDINGS The properties are single - family residences, purchased by the City of Round Rock, Williamson County, Texas, to precipitate the expansion of South Mays Street. The residences will be demolished. The ceilings and walls are made of sheetrock bound by tape and float and covered with sprayed -on texture or textured paint. The floors are covered with various patterns of vinyl floor tile or sheet linoleum over the wood/concrete slab. The windows and doors are made of wood and the windows are sealed with caulking. None of the residences contain suspect thermal system insulation. The samples were analyzed at Omni Environmental Labs, Asbestos Laboratory, TDH License N 0087. Laboratory analysis indicated that the following samples contain asbestos fibers. Note: The texture on the wallboard for the ceilings and wall contains at least 5 percent chrysotile making the wallboard, tape and float results as trace asbestos and therefore, presumed asbestos containing material. Clean Environments, Inc. Asbestos Survey for 100 -103 Belaire and 100 -103 Fairlane Drive Round Rock, Texas Page 2 or damages to asbestos - containing materials in buildings are minimized, thus limiting the occupant's exposure to airborne asbestos fibers. Building alterations and/or demolition require knowledge of what materials contain asbestos and if they will be removed or disturbed during the project. Under the Clean Air Act, the EPA has issued a National Emission Standard for Asbestos (40 CFR 61.140 - 61.156). This Standard regulates reporting requirements, work practices, waste disposal, and emissions from facility modification and/or demolition operations. The Standard applies only to materials containing more than 1 percent friable asbestos. Asbestos containing material according to the State of Texas Asbestos Health Rules is any building material containing greater than 1 percent asbestos. Revisions to the asbestos National Emissions Standard for Hazardous Air Pollutants (NESHAP) were promulgated on November 20, 1990. These include a requirement to point count in order to quantify asbestos in samples where the content is below 10 percent. The intent of the revision is to improve quantitative analysis of asbestos for all applications. Samples where no asbestos is detected do not have to be point counted. If asbestos is detected, but is less than 10 percent, the owner or operator of the building may elect to (1) assume the amount to be greater than 1 percent and treat the material as asbestos or (2) require verification of the amount by point counting. The point count results are not used for these samples. It is a Clean Environments, Inc. policy to treat all samples with detectable levels of asbestos fibers as asbestos - containing material and to recommend a point count, using a mechanical stage and random point reticule, for all samples found to be 1 percent or less. The owner or operator of the building may elect to conduct further testing of samples that range from greater than 1 percent to 10 percent before treating the material as asbestos. FINDINGS The properties are single - family residences, purchased by the City of Round Rock, Williamson County, Texas, to precipitate the expansion of South Mays Street. The residences will be demolished. The ceilings and walls are made of sheetrock bound by tape and float and covered with sprayed -on texture or textured paint. The floors are covered with various patterns of vinyl floor tile or sheet linoleum over the wood/concrete slab. The windows and doors are made of wood and the windows are sealed with caulking. None of the residences contain suspect thermal system insulation. The samples were analyzed at Omni Environmental Labs, Asbestos Laboratory, TDH License N 0087. Laboratory analysis indicated that the following samples contain asbestos fibers. Note: The texture on the wallboard for the ceilings and wall contains at least 5 percent chrysotile making the wallboard, tape and float results as trace asbestos and therefore, presumed asbestos containing material. A ", - P A ESS 1' °S` ;' " ;.::`: FBI[ 3t.I LOCATION e' A €OUN 100 Belaire Dr Wallboard, tape and float and wall texture No kitchen, dining room, and bathroom 862 SF Wallboard, tape and float and wall texture Yes Throughout structure - except kitchen, dining room, and bathroom 1736 SF 101 Belaire Resilient Sheet Flooring - Brown Mosaic Pattem No Kitchen and Dining Room 372 SF Resilient Sheet Flooring - White Linoleum with blue - gray specs No Master Bath 30 SF Resilient Sheet Flooring - Mottled Brown with Glitter No Hallway Bath 40 SF Wallboard, Tape and Float, Texture - white medium sponge texture No Ceilings throughout and walls and ceilings in bedrooms and living room and master bath 3383 SF 103 Belaire Dr Wallboard, tape and float, and white texture - heavy sprayed on texture Yes Throughout except pool room and entertainment room 1543 SF 12x12 inch brown vinyl floor tile No Living room, kitchen, dining room, hallway, all bedrooms except master bedroom 1103 SF Resilient Sheet Flooring - brown geometric pattern and mastic No Entrance hallway and hallway bath 116 SF 100 Fairlane Wallboard, tape and float, and white heavy sprayed -on texture Yes Living room, kitchen, and northeast bedroom 742 SF Wallboard, tape and float, and white knockdown texture Yes Hallway, hallway bath, north bedroom, master bath 438 SF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 x 1 Clean Environments, Inc. Asbestos Survey for 100 -103 Belaire and 100 -103 Fairlane Drive Round Rock, Texas Page 3 [ ADORES§ : ; 5 : - T Y P E A E S T O S.'wv T • FRIABLE ' - ' LOCATION - . .&. AMOUNT 1 100 Fairlane 12x12 inch beige with gray vinyl floor tile and mastic No Utility room 114 SF Resilient sheet flooring- brown with 6x6 inch pattern and mastic No Kitchen and front entrance 243 SF Resilient sheet flooring - off white with gray 6x6 inch pattern and mastic No Hallway bath 40 SF 12x12 inch vinyl floor tile - beige mosaic and mastic No Living room, hallway, all bedrooms 841 SF Window putty Yes All exterior windows 240 LF Wallboard, tape and float, and texture - yellow sponge texture Yes Master bath and hallway bath 109 SF Wallboard, tape and float and texture Yes Walls of utility room, and walls and ceilings in garage 1308 SF Wallboard, tape and float, and texture - yellow sand texture Yes Utility room ceiling 114 SF 102 Fairlane Dr Wallboard, tape and float, and texture - heavy sprayed- on texture No Throughout except garage 1325 SF 12x12 inch tan mosaic floor tile and mastic No Dining room, kitchen, and front entrance 348 SF Wallboard, tape and float, and white texture No Garage walls and ceiling 866 SF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Clean Environments, Inc. Asbestos Survey for 100 -103 Belaire and 100 -103 Fairlane Drive Round Rock, Texas Page 4 A es .. r.'?' 3' Pi Ata s,7 • '. /. . . ;'L F � IAB E ['RII'�Gi/rG' y OCATION 1wYMfi3iVt7 �'4f� x OMIT kAiki 102 Fairlane Wallboard, tape and float, . and off -white texture No Utility room 416 SF Wallboard, tape and float, and heavy white texture No Living room 608 SF Wallboard, tape and float, and various colors of wall texture No Throughout except garage, utility room, dining room and living room 316 SF 101 Fairlane Wallboard, tape and float, and heavy white texture No Throughout except garage 292 SF 12x12 inch tan vinyl floor tile and mastic No Throughout except entrance and hallway bath and garage 1227 SF Wallboard, tape and float, and various colors of wall texture No All bedrooms and utility room 1632 SF 103 Fairlane Dr Wallboard, tape and float, and various colors of wall texture No Throughout except garage 1215 SF 12x12 inch green floor tile and mastic No Kitchen, dining room and entrance 384 SF 12x12 inch beige floor tile and mastic No Master bedroom 21 SF 12x12 inch tan floor tile and mastic No Hallway bath and closet 86 SF Wallboard, tape and float and texture - white No Throughout except garage and kitchen /dining room 3908 SF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 Clean Environments, Inc. Asbestos Survey for 100 -103 Belaire and 100 -103 Fairlane Drive Round Rock, Texas Page 5 1 1 1 1 1 1 1 1 a. 1 1 1 1 1 1 1 1 1 1 1 Clean Environments, Inc. Asbestos Survey for 100 -103 Belaire and 100 -103 Fairlane Drive Round Rock, Texas Page 6 RECOMMENDATION. The asbestos materials must be removed by a licensed asbestos abatement contractor prior to any demolition activities or any activities that may disturb the asbestos fibers in the material. All abatement must be conducted according to the State Asbestos Health Rules which requires the use of a licensed asbestos abatement contractor and a licensed asbestos consultant firm for project design and project management. We will be happy to answer any questions concerning the report. It has been a pleasure to work with you on this project. We look forward to being of continued service to you. Very truly yours, A. Denese Huntsberry, R.E.M Individual Asbestos Consultant TDH License N °10 -5460 Expiration Date: December 9, 2000 Attached: Table for Sample Results Table for Sample Collection (Homogenous Areas) Laboratory Results PROJECT ADDRESS BUILDING OR AREA: _ FULL INSPECTION 100 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 100 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES A of MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. C01 WALLBOARD, TAPE, FLOAT AND TEXTURE- WHITE SURFACE THROUGHOUT EXCEPT WHEREWOI OCCURS 862 SO. FT. NO <1% CHRYSOTILE PD 396 IN TEXTURE WO1 WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE SPRAY -ON TEXTURE SURFACE THROUGHOUT EXCEPT KITCHEN, DINING, AND BATHROOM 1736 S0. FT. YES <196 CHRYSOTILE PD 3% IN TEXTURE —, — MN II• ME MB = E — — — — — NM M MIM PD- POTENTIAL FOR DAMAGE Pao - POTENTIAL FOR SIGNIFICANT DAMAGE O DAMAGE 80. SIONFICANT DAMAGE NAD. NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Ken Johnson Management Planner TDH License N.20-5150 INVENTORY AND ASSESSMENT OF ACBM Pag• 1 INVENTORY AND ASSESSMENT OF ACBM PROJECT 101 BELAIRE DR. ADDRESS 101 BELAIRE DR. BUILDING OR AREA: ENTIRE STRUCTURE FULL INSPECTION X LIMITED INSPECTION HOMOGENEOUS MATERIAL HA. DESCRIPTION OF MTL. NO. MATERIAL TYPE FO1 F02 RSF - BROWN MOSAIC PATTERN RSF - WHITE WITH BLUE -GRAY FLECKS MISC. 1 MI SC.1 FUNCTIONAL SPACES USE OF SPACE OR SPACE NAME KITCHEN AND DIDING ROOM MASTER BATH 372 SQ. FT. 3D SQ. FT. INSPECTOR SIGNATURE SHORTY KESSLER SAMPLE COLLECTION DATE 29 MARCH, 2000 AMT. OF MATERIAL FRIABLE NO NO SAMPLE RESULTS % TYPE OF ASB. OF ASB. 30% 30% , CHRYSOTILE CHRYSOTILE CONDITION ASSESMENT PD PD COMMENTS PD - POTENTIAL FOR DAMAGE PED- POTENTIAL FOR SIGNIFICANT DAMAGE D. DAMAGE ED- eIONFICANf DAMAGE NAD- NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDH License M 20-5150 Pape 1 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 101 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 101 BELAIRE DR. . ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, -2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. OF MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. F03 RSF - MOTTLED BROWN WITH GLITTER MISC. I HALLWAY BATH 40 SQ. FT. NO - 30% CHRYSOTILE PD WO1 WALLBOARD, TAPE, FLOAT, AND TEXTURE - WHITE, MEDIUM SPONGE TEXTURE SURFACE CEILINGS THROUGHOUT AND WALLS AND CEILINGS IN BEDROOMS AND LIVING ROOM AND MASTER BATH 3383 SQ. FT. NO 3% CHRYSOTILE PD 3% IN TEXTURE INVENTORY AND ASSESSMENT OF ACBM PD- POTENTIAL FOR DAMAGE P80 - POTENTIAL FOR SIGNIFICANT DAMAGE D- DAMAGE BO- EIONFICANT DAMAGE NAD- NOASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By: Ken Johnson Managemem Planner TDH License M 20-5150 Page 2 PROJECT ADDRESS BUILDING OR AREA: _ FULL INSPECTION 103 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 103 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. OF MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS 12 I DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. CO1 WALL BOARD, TAPE, FLOAT AND TEXTURE - WHITE, HEAVY SPRAY - ON TEXTURE SURFACE THROUGHOUT EXCEPT POOL ROOM AND ENTERTAINMENT ROOM 154350. FT. YES 5% CHRYSOTILE PD • 5% IN TEXTURE F01 17 X 17 RFT - BROWN MOTTLED AND MASTIC MISC. I LIVING ROOM, KITCHEN, DINING ROOM, HALLWAY, ALL BEDROOMS EXCEPT MASTER BEDROOM 1103 SO. FT. NO 5% CHRYSOTILE PD 5% IN TILE, 5% IN MASTIC INVENTORY AND ASSESSMENT OF ACBM PD - POTENTIAL FOR DAMAGE P00- POTQIML FOR IGNIFICONT DAMAGE D - DAMAGE GD. NONPICANTDAMAGG MAD- NO MIf1101D(TECTID Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDH License M 20-5150 Pogo 1 PROJECT ADDRESS BUILDING OR AREA: FULL. INSPECTION 103 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 103 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. MATERIAL SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. F03 RSF - BROWN GEOMETRIC PATTERN AND MASTIC MISC. I ENTRY HALLWAY AND WALLWAY BATH 118 SQ. FT. NO •1% CHRYSOTILE PD 5% IN MASTIC UNDER RSF NM M NM E — ME MN MN N — — — — NM M — — — PD- POIFHTW. FOR DAMAGE PDD POTFNML FOR SIGNIFICANT DAMAGE D • DAMAGE SO- elG5&ICANT DAMAGE NAG. NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Ken Johnson Management Planner TDH License M 20.5150 INVENTORY AND ASSESSMENT OF ACBM Page 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 100 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. OF MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. CO1 WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE, HEAVY SPRAY - ON TEXTURE SURFACE LIVING ROOM, KITCHEN AND NORTHEAST BEDROOM 742 SQ. FT. YES 5% CHRYSOTILE PD 5% IN TEXTURE CO2 WALLBOARD, TAPE, FLOAT AND TEXTURE- WHITE, KNOCKDOWN TEXTURE SURFACE HALLWAY, HALLWAY BATH, NORTH BEDROOM, MASTER BEDROOM, MASTER BATH 439 SQ. Fr. YES 596 CHRYSOTILE PD 596 IN TEXTURE INVENTORY AND ASSESSMENT OF ACBM PD. POTENTIAL FOR DAMAGE P00- POTENTIAL FOR SIGNIFICANTDMAAGE D. DAMAGE ID- 81GNFTCANT DAMAGE WAD- NO ASBE3T05 DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDH License N. 20-5150 Page 1 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 100 FAIRLANE ' ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. F01 12'k12" RFT- BEIGE WITH GRAY AND MASTIC MISC.I UTILITY ROOM 114 SQ. FT. NO 5% CHRYSOTILE PD 5% TILE, 6% IN MASTIC F - F02 RSF- MOTTLED BROWN WITH 61(6" PATTERN AND MASTIC MISC.I KITCHEN AND FRONT ENTRY 243 SQ. FT. NO 5% CHRYSOTILE PD 5% IN MASTIC sum,.. me ow me Ns No m NE NE me ow we I= me -- me EN INVENTORY AND ASSESSMENT OF ACBM PG- POTENDAL FOR DAMAGE PE0- POTENTIAL FORIIONIFICANT DAMAGE 0. DAMAGE SD. MONFlCANt DAMAGE MD- NOASEESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDH Lome N° 20 -5150 Papa 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 100 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. F03 R8F - OFF WHITE WITH GRAY WITH 8708' PATTERN AND MASTIC MISC.I HALLWAY BATH 40 SO. FT. NO 5% CHRYSOTILE PO 5% IN MASTIC FOS 17k12'RFT -UGHT BEIGE MOSAIC AND MASTIC MISC.I LIVING ROOM, HALLWAY, ALL BEDROOMS 841 SO. FT. NO 10% CHRYSOTILE PD 10% TILE. 10% IN MASTIC INVENTORY AND ASSESSMENT OF ACBM PD- POTENTIAL FOR DAMAGE POD- POTENTIAL FOR 810NIFlGWT DAMAGE 0- DAMAGE e0• e0FICMR DAMAGE HAD- NOAe8E8008 DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDII Lkense N• 20.5150 Page 3 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 100 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES A OF MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL TYPE USE OF SPACE OR SPACE NAME % ASE. TYPE OF OF ASS. M31 WINDOW PUTTY MISC. II OUTSIDE OF EXTERIOR WINDOWS 240 LIN. FT. YES 5% CHRYSOTILE PD WO1 WALLBOARD, TAPE, FLOAT AND TEXTURE- YELLOW, SPONGE TEXTURE SURFACE MASTER BATH AND HALLWAY BATH 109 SO. FT. YES 5% CHRYSOTILE PD 5% IN TEXTURE E,. • — MINI=M — — — — NM NM MI N — M INVENTORY AND ASSESSMENT OF ACBM PD. PGME✓TAI. FOR DAMAGE PED- PGIENRAL FOR MGMFICANT DAMAGE D. DAMAGE ED• MONFICANT DAMAGE MAD. HO AMEETOEDETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By: Ken Johnson Management Planner TDH License M' 20.5150 Page 4 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 100 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. W02 WALLBOARD. TAPE, FLOAT AND TEXTURE- YELLOW, NO TEXTURE SURFACE WALLS OF UTILITY AND WALLS AND CEILING OF GARAGE 1308 SQ. FT. YES 5% CHRYSOTILE PD 5% IN TEXTURE W03 WALLBOARD, TAPE, FLOAT AND TEXTURE - YELLOW,SAND TEXTURE SURFACE UTILITY ROOM CEILING 114 SQ. FT. YES 5% CHRYSOTILE PD 5% IN TEXTURE — — — — N — — — M — — NM I= MI = NM M = NM INVENTORY AND ASSESSMENT OF ACBM PD - POTENTIAL FOR DAMAGE PBD. POIENML FOR SIGNIFICANT DAMAGE D - DAMAGE 50- Bb1FIGWT DAMAGE NAD - NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By: Ken Johnson Management Planner TDH License M 20.5130 Page 5 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 102 FAIRLANE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 102 FAIRLANE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES A OF MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. CO1 WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE, HEAVY SPRAY - ONTEXUTRE SURFACE THORGHOUT EXCEPT GARAGE 1325 SQ. FT. NO 7% CHRYSOTILE PD 7% IN TEXTURE F01 17x12' RFT - TAN MOSAIC WITH MASTIC MISC. I DINING ROOM, KITCHEN, AND FRONT ENTRY 348 SQ. FT. NO 5% CHRYSOTILE PD 5% IN TILE, 5% IN MASTIC E.„ — NM — •,— NM NM M — — — N MN = NM NM NM OM INVENTORY AND ASSESSMENT OF ACBM PD. POMEN & FOR DAMAGE PlD. PDTEIIML FOR 810NIFICAHrDAMAGE D. DAMAOi ID. SUFIGWI DAMAGE DAD . NOAaaafTOa DETICT/D Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Kcn Johnson Management Planner TDH Ltccnse M 20 -5150 Papa 1 MI MI M ME MN O MN E N —•— MN — E MN — MI WM INVENTORY AND ASSESSMENT OF ACBM PROJECT 102 FAIRLANE DR. ADDRESS 102 FAIRLANE DR. BUILDING OR AREA: ENTIRE STRUCTURE _ FULL INSPECTION X LIMITED INSPECTION HA. DESCRIPTION OF NO. MATERIAL W01 W02 HOMOGENEOUS MATERIAL WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE, NO TEXUTRE WALLBOARD, TAPE, FLOAT AND TEXTURE - OFF WHITE, SPONGE TEXUTRE MTL TYPE SURFACE SURFACE FUNCTIONAL SPACES USE OF SPACE OR SPACE NAME GARAGE WALLS AND CEILING UTILITY ROOM AMT. OF MATERIAL 666 SO. FT. 41680. FT. INSPECTOR SIGNATURE SHORTY KESSLER SAMPLE COLLECTION DATE 29 MARCH, 2000 FRIABLE NO NO SAMPLE RESULTS % TYPE OF ASB. OF ASB. 3% 3% CHRYSOTILE CHRYSOTILE CONDITION ASSESMENT PD PD COMMENTS 3% IN TEXTURE 3% IN TEXTURE PD. POTENTIAL FOR DAMAGE PEG. PDTIRIIAL EOM S0 pIC WDAMADM O. DAMAGE ID. EIPPIOANT DAMAGE MAD. NOAEEEETOE DETECT= Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planter TDH License No 215150 Pap. 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 102 FAIRLANE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 102 FAIRLANE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES OF MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % A68. TYPE OF OFASB. . WO3 WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE, HEAVY TROWELED TEXUTRE SURFACE LIVING ROOM 006 8Q. FT. NO 3% CHRYBOTILE PD 3% IN TEXTURE W04 WALLBOARD, TAPE, FLOAT AND TEXTURE- VARIOUS COLORS SPONGE TEXUTRE SURFACE THROUGHOUT EXCEPT GARAGE. UTILITY, DINING ROOM AND LIVING ROOM 316 SQ. FT. NO 3% CHRYSOTILE P0 3% IN TEXTURE MI MN NM MO NM I= MN NM En MN NM MN MI PD- POTEMULFOR DAMAGE POD- POTENTIAL FOR SIGNIFICANT DAMAGE 0• DAMAGE OD- "MACAW NAD. NOAIBEITW DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Ken Johnson Managenseni Planner TDB License N' 20-5150 INVENTORY AND ASSESSMENT OF ACBM Papa 3 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 101 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 101 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES A OF MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. C01 WALLBOARD, TAPE, FLOAT, AND TEXTURE - WHITE, HEAVY SPRAY -ON TEXTURE SURFACE THOUGHOUT EXCEPT GARAGE 1292 SO. FT. YES 3% CHRYSOTILE PD 3% IN TEXTURE F01 12X12 RFT - TAN MOSAIC AND MASTIC MISC.I THOUGHOUT EXCEPT ENTRY AND HALLWAY BATH, AND GARAGE 1227 SO. FT. NO 5% CHRYSOTILE PD 5% IN TILE, 5% IN MASTIC ,,, O M M M NM MN ME M — MN IMO — — M M MI NM PO- POTEMUL FOR DAMAGE PBD. POTEMAL FOR SIGNIFICANT DAMAGE D - DAMAGE 1113 BIONFICANT DAMAGE NAD- NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDH License N° 20 -515D INVENTORY AND ASSESSMENT OF ACBM Page 1 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 101 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 101 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. OF MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS . HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. WO1 WALLBOARD, TAPE, FLOAT, AND TEXTURE - VARIOUS COLORS, HEAVY KNOCKDOWN TEXTURE SURFACE ALL BEDROOMS AND UTILITY ROOM 1632 SQ. FT. YES <l% CHRYSOTILE PD 5% IN TEXTURE • MINI, MI MI MI MN = EN II En M - - - -= MO MI MB • INVENTORY AND ASSESSMENT OF ACBM PD. POTENTAL FOR DAMAGE P10- POTENTIAL FORaIGtaFICANr DAMAGE D. DAMAGE ID. MDNNGIIR DAMAO* HAD. ND ASSEITO10ETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDH License N° 20.5150 Piga 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 103 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 103 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 20 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES A of MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. COI WALLBOARD, TAPE, FLOAT, AND TEXTURE - WHITE, HEAVY SPRAY -ON TEXTURE SURFACE THOUGHOUTEXCEPT GARAGE 1215 SQ. FT. NO <1% CHRYSOTILE PD 3% IN TEXTURE F01 12X12" RFT, GREEN MEDITERRANIAN PATTERN AND MASTIC MISC. I KITCHEN, DINING, AND ENTRY 384 SQ. FT NO 5% CHRYSOTILE PD 5% IN TILE, 5% IN MASTIC —, — — — MN MI N — — — — — — — — — I= MN MN INVENTORY AND ASSESSMENT OF ACBM PD. POrEMW. PORDAMAGE ND. PO 0 TIALFOR SIGNIFICANT DAMAGE D - DAMAOD ID. wQIPCANT DAMAGE HAD. NO Asa nOS DITIC IO Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDH License N. 23-5150 Page 1 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 103 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 103 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 20 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS �d z DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OF ASB. F02 17X17 RFT, BEIGE RECTANGULAR PATTERN AND MASTIC MISC. I MASTER BATHROOM 21 SO. FT. NO <1 % CHRYSOTILE PD 5% IN MASTIC F03 17X17 RFT, TAN MOSAIC AND MASTIC MISC. I HALLWAY BATH AND CLOSET 88 SQ. FT. NO 5% CHRYSOTILE PD 5% IN TILE, 5% IN MASTIC „ — NM MN I — — NM I MO • NM MI M E IMIM INVENTORY AND ASSESSMENT OF ACBM PD- POTENnAL FOR DAMAGE PAD- POTENTIAL FOR SIGNIFICANT DAMAGE D- D MADE 8D- BIONFICANT DAMAGE NAD- NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Ken Johnson Management Planner TDH License N. 20.5150 Papa 2 " -..r - - - -. - - - - PD- POTENTIAL FOR DAMAGE 000- POTENTIAL FOR SIGNIFICANT DAMAGE D- DAMAGE 80. SIONFICANT DAMAGE HAD. NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Ken Johnson Management Planner TDH License N° 20-5150 INVENTORY AND ASSESSMENT OF ACBM PROJECT ADDRESS BUILDING OR AREA: 103 FAIRLANE 103 FAIRLANE ENTIRE STRUCTURE FULL INSPECTION X LIMITED INSPECTION HOMOGENEOUS MATERIAL HA. DESCRIPTION OF MTL NO. MATERIAL TYPE we' WALLBOARD, TAPE, FLOAT, AND TEXTURE - WHITE, MEDIUM SPRAY -ON TEXTURE SURFACE FUNCTIONAL SPACES USE OF SPACE OR SPACE NAME THOUGHOUT EXCEPT GARAGE AND KITCHEN/DINING ROOM AMT. OF MATERIAL 3908 SQ. FT. INSPECTOR SIGNATURE SHORTY KESSLER SAMPLE COLLECTION DATE 20 MARCH, 2000 FRIABLE NO SAMPLE RESULTS % TYPE OF ASB. OF ASB. <1% CHRYSOTILE CONDITION ASSESMENT PD COMMENTS 2% IN TEXTURE Paps 3 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 105 FAIRLANE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 105 FAIRLANE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES AMT. MATERIAL FRIABLE SAMPLE RESULTS CONDITION ASSESMENT COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASB. TYPE OF OFASB. — — . - INVENTORY AND ASSESSMENT OF ACBM PD- POTENTIAL FOR DAMAGE NO POT/NM. FOR SIGNIFICANT DAMAGE D - DAMAGE SD. SIONFICANT DAMAGE SAD. ND AMMO' DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Ken Johnson Managcmeni Planner TDB License M 20-5150 Pyle 1 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 100 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED 7 AMT. OF MTL. SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL TYPE USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS C01 WALLBOARD, TAPE, FLOAT AND TEXTURE- WHITE SURFACE THROUGHOUT EXCEPT WHERE WO1 OCCURS YES 882 SQ. FT. 41% CHRYSOTILE 3% IN TEXTURE FO1 RSF - PINK SQUARE PATTERN MISC.I FRONT BATHROOM YES NA NAD NA F02 RSF - GREEN SQUARE PATTERN MISC. I HALL BATHROOM YES NA NAD NA -.«r - o,— we NE — so am -- as um ow me am = we ow INVENTORY OF HOMOGENEOUS MATERIALS HAD NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale. Suite 210 San Antonio, Texas 78216 April 28. 2000 pry w ey xm Muo,nos w S TWI IInreM 2.110 0 Nei PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 100 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL LED SAMPLED P 7 AMT. MTL. SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL TYPE USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS F03 RSF - MOTTLED SQUARE PATTERN MISC. I KITCHEN AND BREAKFAST ROOM YES NA NAD NA WO1 WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE SPRAY ON TEXTURE SURFACE THROUGHOUT EXCEPT KITCHEN, DINING, AND BATHROOM YES 1736 SQ. FT. <1% CHRYSOTILE 3% IN TEXTURE _1 M N OM — — — — — — — — — — = MOM MI INVENTORY OF HOMOGENEOUS MATERIALS NAD. NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By: Ken Johnson Management Planner TDH License N° 20.5150 Page 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 101 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 101 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED 7 AMT. OF MTL SAMPLE RESULTS COMMENTS 11A. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS FO1 RSF - BROWN MOSAIC PATTERN MISC. I KITCHEN AND DIDING ROOM YES 372 SQ. FT. 3O% CHRYSOTILE F02 RSF - WHITE WITH BLUE -GRAY FLECKS MISC. I MASTER BATH YES 30 SQ. FT. 33% CHRYSOTILE F03 RSF - MOTTLED BROWN WITH GLITTER MISC. I HALLWAY BATH YES 40 SQ. FT. 30% CHRYSOTILE HAD- NOA8BEHTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 Apn128.2000 .IDAMed By. Km Iwmm w.ome• Maw tun Ums SO sia INVENTORY OF HOMOGENEOUS MATERIALS Pap. 1 PROJECT ADDRESS BUILDING OR AREA: _ FULL INSPECTION 101 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 101 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED AMT. OF MTL. SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS WOl WALLBOARD, TAPE, FLOAT, AND TEXTURE - WHITE, MEDIUM SPONGE TEXTURE SURFACE CEILINGS THROUGHOUT AND WALLS AND CEILINGS IN BEDROOMS AND LIVING ROOM AND MASTER BATH YES 3333 SQ. FT. 3% CHRYSOTILE 3% IN TEXTURE _l -- MO MN EN 1. 1=1 M MN I= OM NM NM = . INVENTORY OF HOMOGENEOUS MATERIALS NAD- NOAaBEaTos DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Ken Johnson Management Planner TDH License N° 20.5150 Page 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 103 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 103 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED AMT. OF MTL. SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS F02 RSF - BEIGE BRICK PATTERN MISC.I UTILITY ROOM YES NA NAD NA F03 RSF - BROWN GEOMETRIC PATTERN AND MASTIC MISC. I ENTRY HALLWAY AND WALLWAY BATH YES 116 60. FT. <1% CHRYSOTILE 5% IN MASTIC UNDER RSF m - - me am NE mu — — — — — — mu Ns um EN ow EN INVENTORY OF HOMOGENEOUS MATERIALS NAD- NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TDII License M 20 -5150 Page 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 101 BELAIRE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 101 BELAIRE DR. ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED AMT. OF MTL. SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS WO1 WALLBOARD, TAPE, FLOAT, AND TEXTURE- WHITE, MEDIUM SPONGE TEXTURE SURFACE CEILINGS THROUGHOUT AND WALLS AND CEILINGS IN BEDROOMS AND LIVING ROOM AND MASTER BATH YES 3383 SO. FT. 3% CHRYSOTILE 3% IN TEXTURE —." — — — . — M S — — =MEN MN OM WM II• II= NM IMP HAD- NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By: Ken Johnson Management Planner TUII License N° 70-5150 INVENTORY OF HOMOGENEOUS MATERIALS Pigs 2 op, moo, um, um me me No N — — — ow o — No I= m INVENTORY OF HOMOGENEOUS MATERIALS PROJECT ADDRESS BUILDING OR AREA: 103 BELAIRE DR. 103 BELAIRE DR. ENTIRE STRUCTURE FULL INSPECTION X LIMITED INSPECTION HOMOGENEOUS MATERIAL HA. DESCRIPTION MTL. NO. OF MATERIAL TYPE FUNCTIONAL SPACES USE OF SPACE OR SPACE NAME CO1 CO2 FOi WALL BOARD, TAPE, FLOAT AND TEXTURE - WHITE, HEAVY SPRAY - ON TEXTURE WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE, HEAVY TROWLED TEXTURE 17'X17 RFT - BROWN MOTTLED AND MASTIC MAD NOA 8E8TW DETECTED SURFACE SURFACE MISC. I THROUGHOUT EXCEPT POOL ROOM AND ENTERTAINMENT ROOM POOL ROOM AND ENTERTAINMENT ROOM LIVING ROOM, KITCHEN, DINING ROOM, HALLWAY, ALL BEDROOMS EXCEPT MASTER BEDROOM INSPECTOR SHORTY KESSLER SIGNATURE SAMPLE COLLECTION DATE 29 MARCH, 2000 MATERIAL SAMPLED YES YES AMT. OF MTL. 1543 SQ. FT. NA SAMPLE RESULTS TYPE OF ASBESTOS ASBESTOS YES 1103 8Q. FT. 5% NAD 6% Clean Environments, Inc. 10803 Gulfdale, Sune 210 San Antonio, Texas 78216 Apnl 28. 2000 L,mW By. Kra HMI. 41"17,1,."17. CHRYSOTILE NA CHRYSOTILE COMMENTS 5% IN TEXTURE 6% IN TILE, 6% IN MASTIC Pi • 1 • PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 FAIRLANE - - INSPECTOR TDH LIC. NUMBER SIGNATURE SAMPLE COLLECTION KEN JOHNSON 100 FAIRLANE 20 -5150 ENTIRE STRUCTUR X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED ? AMT. MTL. _ SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME _ .. % ASBESTOS TYPE OF ASBESTOS CO1 WALLBOARD, TAPE, FLOAT AND TEXTURE- WHITE, HEAVY SPRAY - ON TEXTURE SURFACE LIVING ROOM, KITCHEN AND NORTHEAST BEDROOM YES 742 SQ. FT. 5% CHRYSOTILE 596 IN TEXTURE CO2 WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE, KNOCKDOWN TEXTURE SURFACE HALLWAY, HALLWAY BATH, NORTH BEDROOM, MASTER BEDROOM, MASTER BATH YES 430 SQ. FT. 5% CHRYSOTILE 5% IN TEXTURE F01 17x12" RFT- BEIGE WITH GRAY AND MASTIC MISC.! UTILITY ROOM YES 114 SQ. FT. 596 CHRYSOTILE 596 TILE, 5% IN MASTIC NAD. NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78210 April 28, 2000 I...m d Br xeo lama LW:men Mona TOR Lrtroe M .suo INVENTORY OF HOMOGENEOUS MATERIALS Page 1 PROJECT ADDRESS BUILDING OR AREA: FULL. INSPECTION 100 FAIRLANE INSPECTOR TDH LIC. NUMBER SIGNATURE SAMPLE COLLECTION KEN JOHNSON 100 FAIRLANE 20 -5150 ENTIRE STRUCTUR X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED 7 AMT. MTL. SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION - - OF MATERIAL MTL. • TYPE USE OF SPACE OR SPACE NAME - % ASBESTOS TYPE OF ASBESTOS F02 RSF - MOTTLED BROWN WITH 6"X6" PATTERN AND MASTIC MISC.I KITCHEN AND FRONT ENTRY YES 243 SQ. FT. 5% CHRYSOTILE 5% IN MASTIC F03 RSF -OFF WHITE WITH GRAY WITH 6"X6" PATTERN AND MASTIC MISC.I HALLWAY BATH YES 40 SO. FT. 5% CHRYSOTILE 5% IN MASTIC F04 RSF - LIGHT GREEN WITH 6"X6 PATTERN AND MASTIC MISC.I MASTER BATH YES NA NAD CHRYSOTILE 0 op. 1.1, -- EN = am — = ow NE No No EN = EN am som HAD - NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28. 2000 i.rTrw er a.. Wn.rmcra Mom TON Liumr wriw INVENTORY OF HOMOGENEOUS MATERIALS Page 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 FAIRLANE INSPECTOR TDH LIC. NUMBER SIGNATURE SAMPLE COLLECTION KEN JOHNSON 100 FAIRLANE 20 -5150 ENTIRE STRUCTUR X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED ? AMT. MTL. SAMPLE RESULTS - 'COMMENTS ' HA. NO. DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME %' ASBESTOS TYPE OF ASBESTOS FOS 12"x12' RFT- LIGHT BEIGE MOSAIC AND MASTIC MISC.! LIVING ROOM, HALLWAY, ALL BEDROOMS YES 84180. FT. 10% CHRYSOTILE 10% TILE, 10% IN MASTIC M01 WINDOW PUTTY MISC. II OUTSIDE OF EXTERIOR WINDOWS YES 240 LIN. FT. 5% CHRYSOTILE W01 WALLBOARD, TAPE, FLOAT AND TEXTURE- YELLOW, SPONGE TEXTURE SURFACE MASTER BATH AND HALLWAY BATH YES 106 S0. FT. 5% CHRYSOTILE 5% IN TEXTURE n -, - NE me me ow N me um me • • ma um = me mu No INVENTORY OF HOMOGENEOUS MATERIALS WAD - NO Aa880•O0 DOTOOTED Clean Environmen s, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Impntd Bl M Mar. TDH I nurscsn, H. EDIT Ytz M E631q P.a. PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 100 FAIRLANE INSPECTOR TDH LIC. NUMBER SIGNATURE SAMPLE COLLECTION KEN JOHNSON 100 FAIRLANE 20 -5150 ENTIRE STRUCTUR X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL " ' -" -' FUNCTIONAL SPACES '- - MATERIAL SAMPLED - AMT. M OF - SAMPLE RESULTS - ' - - COMMENTS ��_ DESCRIPTION OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS W02 WALLBOARD, TAPE, FLOAT AND TEXTURE - YELLOW, NO TEXTURE SURFACE WALLS OF UTILITY AND WALLS AND CEILING OF GARAGE YES 1305 SQ. FT. 5% CHRYSOTILE 5% IN TEXTURE W03 WALLBOARD, TAPE, FLOAT AND TEXTURE - YELLOW,BAND TEXTURE SURFACE UTILITY ROOM CEILING YES 114 SQ. FT. 5% CHRYSOTILE 5% IN TEXTURE UM n n MI NM — — — — — MI M I= I On IN == MN INVENTORY OF HOMOGENEOUS MATERIALS HAD- NOA98E3TOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Mmugemeni (Manner TDH 1 keine N. 20.5150 Pays 4 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 102 FAIRLANE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 102 FAIRLANE DR. ENTIRE STRUCTUR X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED ? AMT. MTL. - SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION _ OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS C01 WALLBOARD. TAPE, FLOAT AND TEXTURE - WHITE, HEAVY SPRAY - ON TEXUTRE SURFACE THORGHOUT EXCEPT GARAGE YES 1325 SO. FT. 7% CHRYSOTILE 796 IN TEXTURE F01 17)(12" RFT - TAN MOSAIC WITH MASTIC MISC. I DINING ROOM. KITCHEN, AND FRONT ENTRY YES 348 SQ. FT. 5% CHRYSOTILE 5% IN TILE, 5% IN MASTIC WO/ WALLBOARD, TAPE. FLOAT AND TEXTURE - WHITE, NO TEXUTRE SURFACE GARAGE WALLS AND CEILING YES 868 S0. FT. 3% CHRYSOTILE 3% IN TEXTURE Nol, — — m — — — — — I= E — = = m I= I= NAD - NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale. Suite 210 San Antonio. Texas 78216 April 28. 2000 I ad BY.Nm pYmm Mmµ,nen TBII 9O %I L"[� M M INVENTORY OF HOMOGENEOUS MATERIALS Page 1 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 102 FAIRLANE DR. INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 102 FAIRLANE DR. ENTIRE STRUCTUR X LIMITED INSPECTION DATE 29 MARCH, 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED 7 AMT. MTL. SAMPLE RESULTS - COMMENTS - HA. NO. DESCRIPTION OF MATERIAL - MTL. TYPE -- USE OF SPACE OR SPACE NAME % ASBESTOS TYPE OF ASBESTOS WO2 WALLBOARD, TAPE, FLOAT AND TEXTURE - OFF WHITE, SPONGE TEXUTRE SURFACE UTILITY ROOM YES 416 SQ. FT. 3% CHRYSOTILE 396 IN TEXTURE W03 WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE, HEAVY TROWELED TEXUTRE SURFACE LIVING ROOM YES 606 SQ. FT. 3% CHRYSOTILE 3% IN TEXTURE W04 WALLBOARD, TAPE, FLOAT AND TEXTURE - VARIOUS COLORS SPONGE TEXUTRE SURFACE THROUGHOUT EXCEPT GARAGE, UTILITY, DINING ROOM AND LIVING ROOM YES 3168Q. FT. 396 CHRYSOTILE 3% IN TEXTURE NMI MIMMI= NM I= NM M - - - - - - - MN I= INVENTORY OF HOMOGENEOUS MATERIALS MAD - NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gul(dak. Suite 210 San Antonio. Texas 78216 April 28. 2000 1.4...m Kumla TUH Iam'M a131V Page 2 PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 101 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 101 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH 200 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED 7 AMT. OF MTL. - SAMPLE RESULTS COMMENTS ' HA. NO. DESCRIPTION - OF MATERIAL - MTL. TYPE USE OF SPACE OR SPACE NAME - - - - % ASBESTOS TYPE OF ASBESTOS C01 WALLBOARD, TAPE, FLOAT, AND TEXTURE - WHITE, HEAVY SPRAY -ON TEXTURE SURFACE THOUGHOUT EXCEPT GARAGE YES 1292 SO. FT. 3% CHRYSOTILE 3% IN TEXTURE FO1 12X12 RFT - TAN MOSAIC AND MASTIC MISC. I THOUGHOUT EXCEPT ENTRY AND HALLWAY BATH, AND GARAGE YES 1227 SQ. FT. 5% CHRYSOTILE 5% IN TILE, 5% IN MASTIC WO1 • WALLBOARD, TAPE, FLOAT, AND TEXTURE - VARIOUS COLORS, HEAVY KNOCKDOWN TEXTURE SURFACE ALL BEDROOMS AND UTILITY ROOM YES 1632 SQ. FT. <1% CHRYSOTILE 5% IN TEXTURE IMN NAD. NOASaESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 20. 2000 er x.. eaam T PII War N. 20 5150 INVENTORY OF HOMOGENEOUS MATERIALS Pagel PROJECT ADDRESS BUILDING OR AREA: FULL INSPECTION 103 FAIRLANE INSPECTOR SIGNATURE SAMPLE COLLECTION SHORTY KESSLER 103 FAIRLANE ENTIRE STRUCTURE X LIMITED INSPECTION DATE 29 MARCH 2000 HOMOGENEOUS MATERIAL FUNCTIONAL SPACES MATERIAL SAMPLED AMT. OF MTL. SAMPLE RESULTS COMMENTS HA. NO. DESCRIPTION . OF MATERIAL MTL. TYPE USE OF SPACE OR SPACE NAME , , _ % ASBESTOS TYPE OF ASBESTOS CO1 WALLBOARD, TAPE, FLOAT, AND TEXTURE - WHITE, HEAVY SPRAY -ON TEXTURE SURFACE THOUGHOUTEXCEPTGARAGE YES 1215 SQ. FT. 41% CHRYSOTILE 396 IN TEXTURE F01 ' 12X17 RFT, GREEN MEDITERRANIAN PATTERN AND MASTIC MISC. I KITCHEN, DINING, AND ENTRY YES 384 FT. 5% CHRYSOTILE 5% IN TILE, 5% IN MASTIC F02 'RECTANGULAR 12X12 RFT, BEIGE PATTERN AND MASTIC MISC. I MASTER BATHROOM YES 21 SQ. FT. 41% CHRYSOTILE 5% IN MASTIC MM. MO MN En En — — — MO N — — — I= = MN MI INVENTORY OF HOMOGENEOUS MATERIALS WAD. NO ASBESTOS DETECTED Clean Environments, Inc. 10803 Gulfdale, Su1te 210 San Antonio, Texas 78216 April 28, 1000 Imo. xu Hdrm Mwr�m .11 TOII DmveM g1n0 Pape 1 11.11, I♦ . NM On M — — — — I= MN M — — — — MO OM MB PROJECT ADDRESS BUILDING OR AREA: 103 FAIRLANE 103 FAIRLANE ENTIRE STRUCTURE FULL INSPECTION X LIMITED INSPECTION HOMOGENEOUS MATERIAL HA. DESCRIPTION MTL. NO, OF MATERIAL TYPE FUNCTIONAL SPACES USE OF SPACE OR SPACE NAME F03 W01 17X17 RFT, TAN MOSAIC AND MASTIC WALLBOARD, TAPE, FLOAT, AND TEXTURE - WHITE, MEDIUM SPRAY -ON TEXTURE MISC. 1 SURFACE HALLWAY BATH AND CLOSET THOUGHOUT GARAGE AND KITCHEN/DINING ROOM INSPECTOR SHORTY KESSLER SIGNATURE SAMPLE COLLECTION DATE 29 MARCH 2000 MATERIAL SAMPLED AMT. OF MTL. SAMPLE RESULTS TYPE OF ASBESTOS ASBESTOS COMMENTS YES YES 88 SO. FT. 3E08 80. FT. 5% "1% CHRYSOTILE CHRYSOTILE 5% IN TILE, 5% IN MASTIC 2% IN TEXTURE HAD - ND A8SE$TO8 DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By Ken Johnson Management Planner TUU License N° 20-5150 INVENTORY OF HOMOGENEOUS MATERIALS Papa 2 INVENTORY OF HOMOGENEOUS MATERIALS PROJECT ADDRESS BUILDING OR AREA: 105 FAIRLANE DR. 105 FAIRLAINE DR. ENTIRE STRUCTURE FULL INSPECTION X LIMITED INSPECTION FUNCTIONAL SPACES USE OF SPACE OR SPACE NAME HA. DESCRIPTION NO. _ OF MATERIAL C01 W01 HOMOGENEOUS MATERIAL WALLBOARD, TAPE, FLOAT AND TEXTURE - WHITE, TROWELED TEXTURE WALLBOARD, TAPE, FLOAT AND TEXTURE. WHITE, KNOCKDOWN TEXTURE MTL. TYPE - SURFACE SURFACE HALLWAY BATH AND MASTER BATH HALLWAY BATH, MASTER BATH AND ON WALLS AND CEILINGS OF ALL BEDROOMS INSPECTOR SHORTY KESSLER SIGNATURE SAMPLE COLLECTION DATE 29 MARCH, 2000 MATERIAL SAMPLED YES YES AMT. OF MTL. NA NA SAMPLE RESULTS % - TYPE OF ASBESTOS ASBESTOS NAD NAD NA NA COMMENTS --- - NAD- NOABBEsTDS DETECTED Clean Environments, Inc. 10803 Gulfdale, Suite 210 San Antonio, Texas 78216 April 28, 2000 Inspected By. Ken Johnson Management Planner TDB License M 20-5150 Page 1 ATTACHMENT 3 LABORATORY REPORTS IF. am mu spic EN Nue um NE me me EN ow am I= No SAMPLE ID F01- 01 -H08 F02- 01 -H08 F03- 01 -H08 C01- 01 -H08 W01- 01 -H08 CHAIN OF CUSTODY SAMPLE DESCRIPTION RESILIENT SHEET FLOORING RESILIENT SHEET FLOORING RESILIENT SHEET FLOORING CEILING TEXTURE WALLBOARD & TEXTURE SAMPLE RELINQUISHED BY: 44, vesse_ SAMPLE DATE 04/03/00 04/03/00 04/03/00 04/03/00 04/03/00 DATE: 'NO400 SAMPLE RECEIVED BY: DATE: %-t/G PROJECT NAME/#: 100 BELLAIRE; H08 ADDRESS OF HOUSE SAMPLE TAKEN FROM 100 BELLAIRE 100 BELLAIRE 100 BELLAIRE 100 BELLAIRE 100 BELLAIRE 3 /v-0 April 6, 2000 Shorty Kessler Environmental Solutions & Analysis P.O. Box 511 ' Round Rock, TX 78680 Dear Mr. Kessler: Please find enclosed the bulk sample analytical results for the following project: Client Project #: 100 Bellaire H08 Lab Project #: 103396 Date Received: 4/3/00 Received By: Steve Griffin Delivery Agency: Hand Delivered Name/Tracking #: Shorty Kessler Date Logged: 4/3/00 Logged in by: Joseph Mink Analysis Completed: 4/6/00 Samples in Project: 5 The following procedures were used in sample analysis unless otherwise noted. ANALYTICAL METHOD: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA 600/R-93/116) or EPA Interim Method for the Determination of Asbestos in Bulk Insulation Samples (EPA 600/M4 -82 -020), as applicable. Percentages are visual estimates based on sample volume. Limit of Detection: <1 %. Limit of Quantification: 1 %. Negative results of rcsinously bound materials such as roofing material or floor tile may be inconclusive. NAD means No Asbestos was Detected in the sample or layer. The term texturizer (where applicable) may include wall texturizing, tape and bed, and/or joint compound. This report relates only to the item tested. It may not be used to claim product endorsement by NVLAP or any agency of the federal government This report may not be reproduced, except in full, without the expressed written consent of laboratory management. Subsamples of layers or other inhomogeneities were analyzed separately and their results combined in proportion to the quantity of each layer to obtain quantitative results for the sample as a whole. All samples are stored for 1 months from the date the report is sent before being disposed of unless other instuctions are received from the client in writing. Please call us if you have any questions regarding this report Thank you for your business. Sincerely, ri ffin Lab ab Matlager BULK SAMPLE ANALYSIS REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite H - Austin, TX 78750 (512) 258 -9114 NVLAP # 102061 TDH Lab License 30 -0087 Page 1 of 3 BULK SAMPLE ANALYSIS REPORT Lab Project #: 103396 Lab Sample #: 98142 Color. White Client Project #: 100 Bellaire 1108 I Characterization: Homogeneous, Fibrous Client Sample #: F01-01 -108 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON- FIBROUS COMPONENTS Chrysotile Cellulose 25 % Filler/Binder 25 % Amosite Fibrous Glass ; 10 % Vinyl 40 % Crocidolite Mastic <1 % Tremolite Actinolite Anthophyllite Asbestos Total: NAD Fibrous Total: 35 % Non - Fibrous Total: 65 % SAMPLE LAYER DETAILS Lab Project #: 103396 Lab Sample #: 98143 Color. Tan Client Project #: 100 Bellaire 1108 Characterization Homogeneous, Fibrous Client Sample #: F02-01 -1108 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON- FTBROIJS COMPONENTS Chrysotile Cellulose 25 % Filler/Binder 25 % Amosite Fibrous Glass 10 % Vinyl 40 % Crocidolite Mastic <1 % Tremolite Actinolite Anthophyllite Asbestos Total: NAD Fibrous Total: SAMPLF. LAYER T)FTAU S 35 % Non - Fibrous Total: 65 % Lab Project #: 103396 Lab Sample #:98144 Color. White Client Project #: 100 Bellaire 1108 Characterization: Homogeneous, Fibrous Client Sample #: F03 -01 -1108 Date Analyzed: 4/6/00 Analyst: Steve Griffin . Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON- FJBROT JS COMPONENTS Chrysotile Cellulose i 25 % Filler/Binder 25 % Amosite Fibrous Glass 10 % Vinyl 40 % Crocidolite Mastic <1 % Tremolite Actinolite Anthophyllite Asbestos Total: NAD Fibrous Total: 35 % Non - Fibrous Total: 65 % S AMP! ,F, LAYER DETAILS Page 2 of 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1- 1 1 BULK SAMPLE ANALYSIS REPORT Lab Project #: 103396 Lab Sample #: 98145. Color. White Client Project #: 100 Bellaire H08 Characterization: Heterogeneous, Fibrous Client Sample #: C01- 01 -H08 Date Analyzed: 4/6/00 Analyst: Steve Griffin QC'd By: Joseph Mink Comments: ASBESTOS COMPONENTS FIBROT JS' COMPONENTS NON - FIBROUS COMPONENTS Chrysotile <1 % Cellulose 50 % Filler/Binder 10 % Amosite Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non- Fibrous Total: 50 % SAMPLE LAYER DETAILS Layer 1: 3% Chrysotile detected in Texturizer. Lab Project #: 103396 Lab Sample #: 98146 Color White Client Project #: 100 Bellaire H08 Characterization: Homogeneous, Fibrous Client Sample #: W01 01 - H08 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON- FIBROTIS COMPONENTS Chrysotile <1 % Cellulose 80 % Filler/Binder 17 % Amosite Styrofoam 3 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 80 % Non - Fibrous Total: 20 % SAMPLE LAYER DETAILS Layer 1: 3% Chrysotile detected in Texturizer. Page 3 of 3 SAMPLE ID F01- 01 -H06 F02- 01 -H06 F03- 01 -H06 W01- 01 -H06 CHAIN OF CUSTODY SAMPLE DESCRIPTION RESILIENT SHEET FLOORING RESILIENT SHEET FLOORING RESILIENT SHEET FLOORING WALLBOARD & TEXTURE SAMPLE RELINQUISHED BY: .t r� CSS SAMPLE DATE 03/29/00 03/29/00 03/29/00 03/29/00 DATE: 4- 107 SAMPLE RECEIVED BY: DATE: tile PROJECT NAME/ #: 101 BELLAIRE; H06 ADDRESS OF HOUSE SAMPLE TAKEN FROM 101 BELLAIRE 101 BELLAIRE 101 BELLAIRE 101 BELLAIRE Ito 31 D"0 April 6, 2000 Shorty Kessler Environmental Solutions & Analysis P.O. Box 511 Round Rock, TX 78680 Dear Mr. Kessler: BULK SAMPLE ANALYSIS REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite 1-1-5 Austin, TX 78750 (512) 258 -9114 NVLAP # 102061 TDH Lab License 30 -0087 Please find enclosed the bulk sample analytical results for the following project: Client Project #: 101 Bellaire H06 Date Received: 4/3/00 Delivery Agency: Hand Delivered Date Logged: 4/3/00 Analysis Completed: 4/6/00 The following procedures were used in sample analysis unless otherwise noted. ANALYTICAL METHOD: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA 600/R -93/l 16) or EPA Interim Method for the Determination of Asbestos in Bulk Insulation Samples (EPA 600/M4 -82 -020), as applicable. Percentages are visual estimates based on sample volume. Limit of Detection: <1 %. Limit of Quantification: I %. Negative results of resinously bound materials such as roofing material or floor tile may be inconclusive. NAD means No Asbestos was Detected in the sample or layer. The term texturizcr (where applicable) may include wall texturizing, tape and bed, and/or joint compound. This report relates only to the item tested. It may not be used to claim product endorsement by NVLAP or any agency of the federal government. This report may not be reproduced, except in full, without the expressed written consent of laboratory management. Subsamples of layers or other inhomogeneities were analyzed separately and their results combined in proportion to the quantity of each layer to obtain quantitative results for the sample as a whole. All samples are stored for 1 months from the date the report is sent before being disposed of unless other instuctions are received from the client in writing. Please call us if you have any questions regarding this report Thank you for your business. Sincerely, Steve`6riffin, Lab Maier Page 1 of 3 Lab Project #: 103394 Received By: Steve Griffin Name/Tracking #: Shorty Kessler Logged in by: Joseph Mink Samples in Project: 4 BULK SAMPLE ANALYSIS REPORT Lab Project #: 103394 Lab Sample #: 98133 Color: Brown Client Project #: 101 Bellaire 1106 Characterization: Homogeneous, Fibrous Client Sample #: F01 -01 -H06 Date Analyzed: 4/6/00 Analyst: Steve Griffin QC'd By: Joseph Mink Comments: ' ASBESTOS COMPONENTS FIBROIJS COMPONENTS NON FIBROTIS COMPONENTS Chrysotile 30 % Cellulose 5 % Filler/Binder 65 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: 30 % Fibrous Total: 5 % Non - Fibrous Total: 65 % SAMPLE LAYER DETAILS Lab Project #: 103394 Lab Sample #:98134 Client Project #: 101 Bellaire H06 Client Sample #: F02- 01 -H06 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROIJS COMPONENTS NON - FIBROUS COMPONENTS Chrysotile 30 % Cellulose 5 % Filler/Binder 65 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: 30 % Fibrous Total: 5 % Non - Fibrous Total: 65 % SAMPLE. J.AYER DETAILS Lab Project #: 103394 Lab Sample #: 98135 Color: Gray Client Project #: 101 Bellaire H06 Characterization: Homogeneous, Fibrous Client Sample #: F03- 01 -H06 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROIJS COMPONENTS Chrysotile 30 % Cellulose Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: 30 % Fibrous Total: 5 % Non - Fibrous Total: 65 % SAMPLE LAYER DETAILS Page 2 of 3 Color- White Characterization: Homogeneous, Fibrous Date Analyzed: 4/6/00 NON - FIBROUS COMPONENTS 5 % Filler/Binder 65 % Mastic <1 % BULK SAMPLE ANALYSIS REPORT Lab Project #: 103394 Lab Sample #: 98136 Color. White Client Project #: 101 Bellaire 1106 Character Heterogeneous, Fibrous Client Sample #: W01-01 -1106 Date Analyzed: 4/6/00 Analyst Steve Griffm Comments: ASBESTOS COMPONENTS FIBROIIS COMPONENTS NON- FIRROI IS COMPONENTS Chrysotile <1 % Cellulose 50 % Filler/Binder 20 % Amosite Paint o Crocidolite 30 % Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non- Fibrous Total: 50 % SAMPLE LAYER DETAILS Layer 1: 3% Chrysotile detected in Texturizer. Page 3 of 3 1 SAMPLE SUMMARY REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite H -5 Austin, TX 78750 (512) 258-9114 NVLAP # 102061 TDH Lab License 30 -0087 Client Name: Environmental Solutions & Analysis Contact Name: Shorty Kessler Client Project Number: 103 Bellaire H07 Lab Project #: 103395 Client Sample Lab Sample Asbestos Number Number Type and % Asbestos Content by Layer F01 -01 -1107 98137 Chry 5% 5% Chrysotile detected in Floor Tile 5% Chrysotile detected in Tar F02- 01 -H07 98138 NAD F03 -01 -H07 98139 Chry <1% 5% Chrysotile detected in Tar NAD detected in Flooring NAD detected in Tan Mastic C01- 01 -H07 98140 Chry <1% 5% Chrysotile detected in Texturizer CO2- 01 -H07 98141 NAD This report is only a summary. For complete information on each sample see the Bulk Sample Analysis Report. Note that NAD means that No Asbestos was Detected in the sample or layer. Page 1 of 1 oulLum.sim,we Novi Novi= I= ow ow am =I me me I= we um EN No SAMPLE ID F01- 01 -H07 F02- 01 -H07 F03- 01 -H07 C01- 01 -H07 CO2- 01 -H07 CHAIN OF CUSTODY SAMPLE DESCRIPTION RESILIENT SHEET FLOORING RESILIENT SHEET FLOORING RESILIENT SHEET FLOORING CEILING TEXTURE CEILING TEXTURE SAMPLE DATE 03/29/00 03/29/00 03/29/00 03/29/00 03/29/00 SAMPLE RELINQUISHED BY: DATE: 410 SAMPLE RECEIVED BY: 4 DATE: Li l r;3f0'0 PROJECT NAME/#: 103 BELLAIRE; H07 ADDRESS OF HOUSE SAMPLE TAKEN FROM 103 BELLAIRE 103 BELLAIRE 103 BELLAIRE 103 BELLAIRE 103 BELLAIRE 3tcr April 6, 2000 Shorty Kessler Environmental Solutions & Analysis P.O. Box 511 Round Rock, TX 78680 Dear Mr. Kessler. Please find enclosed the bulk sample analytical results for the following project: Client Project #: Date Received: Delivery Agency: Date Logged: Analysis Completed: 4/6/00 BULK SAMPLE ANALYSIS REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite H - Austin, TX 78750 (512) 258-9114 NVLAP # 102061 TDH Lab License 30 -0087 103 Bellaire 1107 4/3/00 Hand Delivered 4/3/00 Lab Project #: 103395 Received By: Steve Griffin Name/Tracking #: Shorty Kessler Logged in by: Joseph Mink Samples in Project: 5 The following procedures were used in sample analysis unless otherwise noted. ANALYTICAL METHOD: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA 600/R- 93/116) or EPA Interim Method for the Determination of Asbestos in Bulk Insulation Samples (EPA 600/M4 -82 -020), as applicable. Percentages are visual estimates based on sample volume. Limit of Detection: <1 %. Limit of Quantification: 1 %. Negative results of resinously bound materials such as roofing material or floor tile may be inconclusive. NAD means No Asbestos was Detected in the sample or layer. The term texturizer (where applicable) may include wall textutizing, tape and bed, and/or joint compound. This report relates only to the item tested. It may not be used to claim product endorsement by NVLAP or any agency of the federal government. This report may not be reproduced, except in full, without the expressed written consent of laboratory management. Subsamples of layers or other inhomogeneities were analyzed separately and their results combined in proportion to the quantity of each layer to obtain quantitative results for the sample as a whole. All samples are stored for 1 months from the date the report is sent before being disposed of unless other instuctions are received from the client in writing. Please call us if you have any questions regarding this report Thank you for your business. Sincerely, Stev riffin, Lab ager Page 1 of 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BULK SAMPLE ANALYSIS REPORT Lab Project #: 103395 Lab Sample #: 98137 Color. Tan Client Project #: 103 Bellaire 1107 Characterization: Homogeneous, Fibrous Client Sample #: F01- 01 -H07 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROU COMPONENTS Chrysotile 5 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: 5 % Fibrous Total: SAMPLE LAYER DETAJJ.S Layer 1: 5% Chrysotile detected in Floor Tile. Layer 2: 5% Chrysotile detected in Tar. NON - FIBROIDS COMPONENTS FilierBinder 58 % Tar 2% Aggregate 35 % Non - Fibrous Total: 95 % Lab Project #: 103395 Lab Sample #: 98138 Color. Tan Client Project #: 103 Bellaire 1107 Characterization: Homogeneous, Fibrous Client Sample 6: F02- 01 -H07 Date Analyzed: 4/6/00 Analyst: Steve Griffin QC'd By: Joseph Mink Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON - FIBROUS COMPONENTS, Chrysotile Cellulose 25 % Filler/Binder 25 % Amosite Fibrous Glass 10 % Vinyl 40 % Crocidolite ' Mastic <1 % Tremolite Actinolite Anthophyllite Asbestos Total: NAD Fibrous Total: ' 35 % Non - Fibrous Total: 65 % SAMPT,E LAYER DETAILS Lab Project #: 103395 Lab Sample #: 98139 Color. Tan Client Project #: 103 Bellaire H07 Characterization: Homogeneous, Fibrous Client Sample #: F03- 01 -H07 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIRROTIS COMPONENTS NON - FIBROUS COMPONENTS Chrysotile <1 % Cellulose 20 % Filler/Binder 20 % Amosite Fibrous Glass 20 % Vinyl 40 Crocidolite Mastic <1 % Tremolite Tar <1 % Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 1 40 % Non- Fibrous Total: 60 % SAMPLE T.AVF.R DETAILS Layer 1: 5% Chrysotile detected in Tar. Layer 2: No Asbestos Detected in Flooring. Layer 3: No Asbestos Detected in Tan Mastic. Page 2 of 3 Lab Project #: 103395 Lab Sample #: 98140 Color. White Client Project #: 103 Bellaire 1107 Characterization: Heterogeneous, Fibrous Client Sample #: C01 -01 -H07 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROSIS COMPONENTS NON- FIBROUS COMPONENTS Chrysotile <1 % Cellulose 50 % Filler/Binder 15 % Amosite Paint 30 % Crocidolite Mica/Vermiculite 5 % Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non - Fibrous Total: 50 % SAMPLE LAYER DETATT.S Layer I: 5% Chrysotile detected in Texturizer. Lab Project #: 103395 Lab Sample #: 98141 Client Project #: 103 Bellaire H07 Client Sample #: CO2- 01 -H07 Analyst: Steve Griffm Comments: BULK SAMPLE ANALYSIS REPORT ASBESTOS COMPONENTS FIRROI IS COMPONENTS NON - FIBROUS COMPONENTS Chrysotile Cellulose 50 % Filler/Binder 10 % Amosite Fibrous Glass <1 % Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: NAD Fibrous Total: SAMPLE LAVER AFTAA.S Page 3 of 3 Color: White Characterization: Heterogeneous, Fibrous Date Analyzed: 4/6/00 50 % Non - Fibrous Total: 50 % SAMPLE SUMMARY REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite 11-5 Austin, TX 78750 (512) 258 -9114 NVLAP # 102061 TDH Lab License 30 -0087 Client Name: Environmental Solutions & Analysis Contact Name: Shorty Kessler Client Project Number: 100 Fairlane H01 Lab Project #: 103389 Client Sample Lab Sample Asbestos Number Number Type and % Asbestos Content by Layer F01- 01 -H01 98106 Chry 5% 5% Chrysotile detected in Floor Tile 5% Chrysotile detected in Tar F02- 01 -H01 98107 Chry <1% 5% Chrysotile detected in Tar NAD detected in Flooring NAD detected in Tan Mastic F03 -01 -1101 98108 Chry <1% 5% Chrysotile detected In Tar NAD detected in Flooring NAD detected in Tan Mastic F04- 01 -H01 98109 NAD F05 01 - H01 98110 Chry 10% 10% Chrysotile detected in Floor Tile 10% Chrysotile detected in Tar W01- 01 -11O1 98111 Chry <1% 5% Chrysotile detected in Texturizer W02- 01 -H01 98112 Chry <1% 5% Chrysotile detected in Texturizer W03- 01 -H01 98113 Chry <1% 5% Chrysotile detected in Texturizer C01 01 - H01 98114 Chry <1% 5% Chrysotile detected in Texturizer CO2- 01 -H01 98115 Chry <1% 5% Chrysotile detected in Texturizer M01 01 - H01 98116 Chry 5% This report is only a summary. For complete information on each sample see the Bulk Sample Analysis Report. Note that NAD means that No Asbestos was Detected in the sample or layer. Page 1 of 1 NIL M i= = MN = NM MB N — — • — E — — — MI ME MN CHAIN OF CUSTODY PROJECT NAME/ #: 100 FAIRLANE; HO1 SAMPLE ID SAMPLE DESCRIPTION SAMPLE DATE ADDRESS OF HOUSE SAMPLE TAKEN FROM F01- 01 -H01 , 12X12 FLOOR TILE 03/29/00 100 FAIRLANE F02- 01 -H01 RESILIENT SHEET FLOORING 03/29/00 100 FAIRLANE F03- 01 -H01 . RESILIENT SHEET FLOORING 03/29/00 100 FAIRLANE F04- 01 -H01 • RESILIENT SHEET FLOORING 03/29/00 100 FAIRLANE F05- 01 -H01 / RESILIENT SHEET FLOORING 03/29/00 100 FAIRLANE W01- 01 -H01 ' WALLBOARD & TEXTURE 03/29/00 100 FAIRLANE W02- 01 -H01 / WALLBOARD & TEXTURE 03/29/00 100 FAIRLANE W03- 01 -H01 T- WALLBOARD & TEXTURE 03/29/00 100 FAIRLANE C01- 01 -H01 / CEILING TEXTURE 03/29/00 100 FAIRLANE CO2- 01 -H01 ' CEILING TEXTURE 03/29/00 100 FAIRLANE M01- 01 -H01 / MISCELLANEOUS - WINDOW PUTTY 03/29/00 100 FAIRLANE SAMPLE RELIN UI BY: ...ea- DATE: 4 /3100 I SAMPLE RECEIVED BY: DATE: 0 D NIL M i= = MN = NM MB N — — • — E — — — MI ME MN April 5, 2000 Shorty Kessler Environmental Solutions & Analysis P.O. Box 511 Round Rock, TX 78680 Dear Mr. Kessler: Please find enclosed the bulk sample analytical results for the following project: Client Project #: 100 Fairlane HOl Lab Project #: 103389 Date Received: 4/3/00 Received By: Steve Griffin Delivery Agency: Hand Delivered Name/Tracking #: Shorty Kessler Date Logged: 4/3/00 Logged in by: Joseph Mink Analysis Completed: 4/5/00 Samples in Project: 11 The following procedures were used in sample analysis unless otherwise noted. ANALYTICAL METHOD: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA 600/R- 93/116) or EPA Interim Method for the Determination of Asbestos in Bulk Insulation Samples (EPA 600/M4-82 -020), as applicable. Percentages are visual estimates based on sample volume. Limit of Detection: <1 %. Limit of Quantification: 1 %. Negative results of resinously bound materials such as roofing material or floor tile may be inconclusive. NAD means No Asbestos was Detected in the sample or layer. The term texturizer (where applicable) may include wall texturizing, tape and bed, and/or joint compound. This report relates only to the item tested. It may not be used to claim product endorsement by NVLAP or any agency of the federal government. This report may not be reproduced, except in full, without the expressed written consent of laboratory management. Subsamples of layers or other inhomogeneities were analyzed separately and their results combined in proportion to the quantity of each layer to obtain quantitative results for the sample as a whole. All samples are stored for I months from the date the report is sent before being disposed of unless other instuctions are received from the client in writing. Please call us if you have any questions regarding this report Thank you for your business. Sincerely, Steve Griffin, Lab nager BULK SAMPLE ANALYSIS REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite H -5 Austin, TX 78750 (512) 258-9114 NVLAP # 102061 TDH Lab License 30 -0087 Page 1 of 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 Lab Project #: Client Project #: Client Sample #: Analyst: Comments: ASBESTOSCOMPONENT$ Chrysotile 5 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: Layer 1: Layer 2: 103389 Lab Sample #: 98106 100 Fairlane HOl F01- 01 -H01 Steve Griffin 5 % Fibrous Total: SAMPLE, LAYER DETAILS 5% Chrysotile detected in Floor Tile. 5% Chrysotile detected in Tar. Lab Project #: 103389 Lab Sample #: 98107 Client Project #: 100 Fairlane HOl Client Sample #: F02- 01 -H01 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS Chrysotile <1 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: Layer I: 5% Chrysotile detected in Tar. Layer 2: No Asbestos Detected in Flooring. Layer 3: No Asbestos Detected in Tan Mastic. Lab Project #: 103389 Lab Sample #: 98108 Client Project #: 100 Fairlane H01 Client Sample #: F03- 01 -H01 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS Chrysotile <1 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: BULK SAMPLE ANALYSIS REPORT FIBROUS COMPONENTS Cellulose 25 % Fibrous Glass 10 % <1 % Fibrous Total: FIRROTIS COMPONFNTS Cellulose 25 % Fibrous Glass 10 % <1 % Fibrous Total: FIAROIJS COMPONENTS SAMPLE. LAYFR DETAILS. SAMPLE, LAYER DETAILS Layer 1: 5% Chrysotile detected in Tar. Layer 2: No Asbestos Detected in Flooring. Layer 3: No Asbestos Detected in Tan Mastic. Page 2 of 5 Color. White Characterization: Homogeneous, Fibrous Date Analyzed: 4/5/00 NON - FIBROUS COMPONENTS Filler/Binder 60 % Tar <1 Aggregate 35 % Non - Fibrous Total: 95 % Color: Tan Characterization: Homogeneous, Fibrous Date Analyzed: 4/5/00 NON- FIBROUS COMPONENTS Filler/Binder Vinyl Mastic Tar Filler/Binder Vinyl Mastic Tar 23 % 40 % <1 % 2% 35 % Non- Fibrous Total: 65 % Colon Gray Characterization: Homogeneous, Fibrous Date Analyzed: 4/5/00 NON-FIBROI JS COMPONENTS 25 % 40 % <1 % <1 % 35 % Non - Fibrous Total: 65 % Lab Project #: Client Project #: Client Sample #: Analyst: Comments: ASBESTOS COMPONENTS Chrysotile Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: NAD Lab Project #: 103389 Lab Sample #: 98110 Client Project #: 100 Fairlane 1101 Client Sample #: F05- 01 -H01 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS Chrysotile 10 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: BULK SAMPLE ANALYSIS REPORT 103389 Lab Sample 4:98109 100 Fairlane 1101 F04- 01 -H01 Steve Griffin Fibrous Total: 10 % Fibrous Total: SAMPLE LAYER DETAILS FIBROUS COMPONENTS SAMPLE LAYFR DFTAA S Layer 1: 10% Chrysotile detected in Floor Tile. Layer 2: 10% Chrysotile detected in Tar. Lab Project #: 103389 Lab Sample #: 98111 Client Project #: 100 Fairlane HOl Client Sample #: W01- 01 -H01 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS Chrysotile <1 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: FIBROUS COMPONENTS NON - FIBROUS COMPONENTS Cellulose 25 % Filler/Binder 25 % Fibrous Glass 10 % Vinyl 40 % Mastic <I % FIBROUS COMPONENTS Cellulose 50 % SAMPLE T.AYFR DETAILS Layer I: 5% Chrysotile detected in Texturizer. Page 3 of 5 Color. Gray Characterization: Homogeneous, Fibrous Date Analyzed: 4/5/00 35 % Non - Fibrous Total: 65 % Color Tan Characterization: Homogeneous, Fibrous Date Analyzed: 4/5/00 QC'd By: Joseph Mink NON - FIBROUS COMPONENTS Filler/Binder 55 % Tar <1 % Aggregate 35 % Non - Fibrous Total: 90 % Color. White Characterization: Heterogeneous, Fibrous Date Analyzed: 4/5/00 NON - FIBROUS COMPONENTS Filler/Binder 10 % Paint 40 % 50 % Non - Fibrous Total: 50 % 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BULK SAMPLE ANALYSIS REPORT Lab Project #: 103389 Lab Sample #: 98112 Color. Tan Client Project #: 100 Fairlane H01 Characterization: Heterogeneous, Fibrous Client Sample #: W02- 01 -H01 Date Analyzed: 4/5/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROM IS COMPONENTS NON- FIBROUS COMPONENTS Chrysotile <1 % Cellulose 50 % Filler/Binder 10 % Amosite Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non- Fibrous Total: 50 % SAMPLE LAVER DETAILS Layer 1: 5% Chrysotile detected in Texturizer. Lab Project #: 103389 Lab Sample #: 98113 Color. Tan Client Project #: 100 Fairlane H01 Characterization: Heterogeneous, Fibrous Client Sample #: W03- 01 -H01 Date Analyzed: 4/5/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON - FIBROIDS COMPONENTS Chrysotile <1 % Cellulose 50 % Filler/Binder 10 % Amosite Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non - Fibrous Total: 50 % SAMPLE LAVER DETAILS Layer 1: 5% Chrysotile detected in Texturizer. Lab Project #: 103389 Lab Sample #: 98114 Color. Tan Client Project #: 100 Fairlane H01 Characterization: Heterogeneous, Fibrous Client Sample #: C01- 01 -H01 Date Analyzed: 4/5/00 Analyst: • Steve Griffin QC'd By: Joseph Mink Comments: ASBESTOS COMPONENTS • FTRROI JS COMPONENTS NON- FIBRO! 1S COMPONENTS Chrysotile <I % Cellulose 50 % Filler/Binder 5 % Amosite Paint 40 % Crocidolite Mica/Vermiculite 5 % Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non - Fibrous Total: 50 % SAMPLE LAVER DETAILS Layer 1: 5% Chrysotile detected in Texturizer. Page 4 of 5 BULK SAMPLE ANALYSIS REPORT Lab Project #: 103389 Lab Sample #: 98115 Color. Tan Client Project #: 100 Fairlane HOl Characterization: Heterogeneous, Fibrous Client Sample #: CO2 -01 -H01 Date Analyzed: 4/5/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON FIBROUS COMPONENT$ Chrysotile <1 % Cellulose 50 % Filler/Binder 5 % Amosite Paint o Crocidolite 40 % Tremolite MicaNermiculite 5 % Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non - Fibrous Total: 50 % SAMPLE LAYER DETAILS Layer 1: 5% Chrysotile detected in Texturizer. Lab Project #: 103389 Lab Sample #: 98116 Color. Gray Client Project #: 100 Fairlane H01 Characterization: Homogeneous, Fibrous Client Sample #: M01 -01 -H01 Date Analyzed: 4/5/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENT$. FIBROUS COMPONENTS NON - FIBROUS COMPONENTS Chrysotile 5 % Filler/Binder 95 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: 5 % Fibrous Total: Non - Fibrous Total: 95 % SAMPLE LAYF.R DETAILS Page 5 of 5 II„, N I= - MN - = - MN MN MO w MN OM OM MO E - • CHAIN OF CUSTODY PROJECT NAME/#: 102 FAIRLANE; H02 SAMPLE ID SAMPLE DESCRIPTION SAMPLE DATE ADDRESS OF HOUSE SAMPLE TAKEN FROM F01- 01 -H02 RESILIENT SHEET FLOORING 03/29/00 102 FAIRLANE W01- 01 -H02 WALLBOARD & TEXTURE 03/29/00 102 FAIRLANE W02- 01 -H02 WALLBOARD & TEXTURE 03/29/00 102 FAIRLANE W03- 01 -H02 WALLBOARD & TEXTURE 03/29/00 102 FAIRLANE W04- 01 -H02 WALLBOARD & TEXTURE 03/29/00 102 FAIRLANE C01- 01 -H01 CEILING TEXTURE 03/29/00 102 FAIRLANE SAMPLE RELINQUISHED BY: SA I 5 DATE: 4 / / H I f SAMPLE RECEIVED BY: '/ ' / DATE: 4 Wo--5 April 6, 2000 Shorty Kessler Environmental Solutions & Analysis P.O. Box 511 Round Rock, TX 78680 Dear Mr. Kessler: Client Project #: Date Received: Delivery Agency: Date Logged: Analysis Completed: 4/6/00 Steve Griffin, La 7 t winger BULK SAMPLE ANALYSIS REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite H -5 Austin, TX 78750 (512) 258 -9114 NVLAP # 102061 TDH Lab License 30 -0087 Please find enclosed the bulk sample analytical results for the following project: 102 Fairlane H02 4/3/00 Hand Delivered 4/3/00 Please call us if you have any questions regarding this report Thank you for your business. Sincerely, Page 1 of 3 Lab Project #: 103390 Received By: Steve Griffm Name/Tracking #: Shorty Kessler Logged in by: Joseph Mink Samples in Project: 6 The following procedures were used in sample analysis unless otherwise noted. ANALYTICAL METHOD: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA 600/R- 93/116) or EPA Interim Method for the Determination of Asbestos in Bulk Insulation Samples (EPA 600/M4 -82 -020), as applicable. Percentages are visual estimates based on sample volume. Limit of Detection: <1 %. Limit of Quantification: 1 %. Negative results of resinously bound materials such as roofing material or floor tile may be inconclusive. NAD means No Asbestos was Detected in the sample or layer. The term texturizer (where applicable) may include wall texturizing, tape and bed, and/orjoint compound. This report relates only to the item tested. It may not be used to claim product endorsement by NVLAP or any agency of the federal government This report may not be reproduced, except in full, without the expressed written consent of laboratory management. Subsamples of layers or other inhomogeneities were analyzed separately and their results combined in proportion to the quantity of each layer to obtain quantitative results for the sample as a whole. All samples are stored for 1 months from the date the report is sent before being disposed of unless other instuctions are received from the client in writing. Lab Project #: 103390 Lab Sample #: 98117 Client Project #: 102 Fairlane 1102 Client Sample #: F01- 01 -H02 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS Chrysotile 5 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: 5 % Fibrous Total: SAMPLE LAYER DETAILS Layer 1: 5% Chrysotile detected in Floor Tile. Layer 2: 5% Chrysotile detected in Tar. Lab Project #: 103390 Lab Sample #: 98118 Client Project #: 102 Fairlane H02 Client Sample #: W01- 01 -H02 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROT 15 COMPONENTS NON- FIBROI15 COMPONENTS Chrysotile <I % Cellulose 70 % Filler/Binder 30 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 70 % Non- Fibrous Total: 30 % SAMPLE LAYER DETAILS Layer 1: 3% Chrysotile detected in Texturizer. Lab Project #: 103390 Lab Sample #: 98119 Client Project #: 102 Fairlane H02 Client Sample #: W02- 01 -H02 Analyst: Steve Griffin Comments: BULK SAMPLE ANALYSIS REPORT FIBROIJS COMPONENTS ASBESTOS COMPONENTS - FIBROUS COMPONENTS NON- FIBROUS COMPONENTS Chrysotile <1 % Cellulose 50 % Filler/Binder 10 % Amosite Paint 40 % Crocidolite Tremolite - Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non - Fibrous Total: 50 % SAMPLE 1 AYER T)RTATT 5 Layer I: 3% Chrysotile detected in Texturizer. Page 2 of 3 Color. Tan Characterization: Homogeneous, Fibrous Date Analyzed: 4/6/00 NON - FIBROUS COMPONENTS Filler/Binder 60 % Tar <I % Aggregate 35 % Non - Fibrous Total: 95 % Color. White Characterization: Homogeneous, Fibrous Date Analyzed: 4/6/00 Color. Gray Characterization: Heterogeneous, Fibrous Date Analyzed: 4/6/00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BULK SAMPLE ANALYSIS REPORT Lab Project #: 103390 Lab Sample #: 98120 Color. Gray Client Project #: 102 Fairlane H02 Characterization: Heterogeneous, Fibrous Client Sample 8: W03- 01 -H02 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIRROI IS COMPONENTS NON FIBROUS COMPONENTS Chrysotile <1 % Cellulose 50 % Filler/Binder 10 % Amosite Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non - Fibrous Total: 50 % SAMPLE LAYER DETAILS Layer 1: 3% Chrysotile detected in Texturizer. Lab Project #: 103390 Lab Sample #: 98121 Color. Gray Client Project 8: 102 Fairlane H02 Characterization: Heterogeneous, Fibrous Client Sample #: W04 01 - H02 Date Analyzed: 4/6/00 Analyst Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON- FIBROUS COMPONENTS Chrysotile <1 % Cellulose 40 % Filler/Binder 20 % Amosite Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 40 % Non - Fibrous Total: 60 % SAMPJ.F. LAYER DETAILS Layer 1: 3% Chrysotile detected in Texturizer. Lab Project #: 103390 Lab Sample #: 98122 Color. White Client Project #: 102 Fairlane H02 Characterization: Heterogeneous, Fibrous Client Sample #: C01- 01 -H02 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON - FIBROUS COMPONENTS Chrysotile <1 % Cellulose 40 % Filler/Binder 10 % Amosite Styrofoam 5 % Crocidolite Perlite 40 % Tremolite Mica/Vermiculite 5 % Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 40 % Non - Fibrous Total: 60 % SAMPLF. LAYER DETAILS Layer 1: 7% Chrysotile detected in Texturizer. Page 3 of 3 -,,, -- m— -- si -- Nom Nam Ns maw mom SAMPLE ID F01- 01 -H03 W01- 01 -H03 C01- 01 -H0t3 CHAIN OF CUSTODY SAMPLE DESCRIPTION RESILIENT SHEET FLOORING WALLBOARD & TEXTURE CEILING TEXTURE SAMPLE DATE 03/29/00 03/29/00 03/29/00 SAMPLE RELINQUISHED BY: - 1 1 DATE: 4 / SAMPLE RECEIVED BY: DATE: ci/ ieZ) PROJECT NAME/#: 101 FAIRLANE; H03 ADDRESS OF HOUSE SAMPLE TAKEN FROM 101 FAIRLANE 101 FAIRLANE 101 FAIRLANE n� h 4 Pte', - r 7,1E -46 Sly -- 424.5' 5 CBS- e>wor) —/ 1K April 6, 2000 Shorty Kessler Environmental Solutions & Analysis P.O. Box 511 Round Rock, TX 78680 Dear Mr. Kessler: Please find enclosed the bulk sample analytical results for the following project: Client Project #: 101 Fairlane H03 Lab Project #: 103391 Date Received: 4/3/00 Received By: Steve Griffin Delivery Agency: Hand Delivered Name/Tracking #: Shorty Kessler Date Logged: 4/3/00 Logged in by: Joseph Mink Analysis Completed: 4/6/00 Samples in Project: 3 The following procedures were used in sample analysis unless otherwise noted. ANALYTICAL METHOD: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA 600/R- 93/116) or EPA Interim Method for the Determination of Asbestos in Bulk insulation Samples (EPA 600/M4 -82 -020), as applicable. Percentages are visual estimates based on sample volume. Limit of Detection: <1 %. Limit of Quantification: 1 %. Negative results of resinously bound materials such as roofing material or floor tile may be inconclusive. NAD means No Asbestos was Detected in the sample or layer. The term texturizer (where applicable) may include wall texturizing, tape and bed, and/or joint compound. This report relates only to the item tested. It may not be used to claim product endorsement by NVLAP or any agency of the federal government. This report may not be reproduced, except in full, without the expressed written consent of laboratory management. Subsamples of layers or other inhomogeneities were analyzed separately and their results combined in proportion to the quantity of each layer to obtain quantitative results for the sample as a whole. All samples are stored for 1 months from the date the report is sent before being disposed of unless other instuctions are received from the client in writing. Please call us if you have any questions regarding this report Thank you for your business. Sincerely, Steve' Griffin, Lab Onager BULK SAMPLE ANALYSIS REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite H -5 Austin, TX 78750 (512) 258 -9114 NVLAP # 102061 TDH Lab License 30 -0087 Page 1 of 2 Lab Project #: 103391 Lab Sample #: 98123 Color. Tan Client Project #: 101 Fairlane 1103 Characterization: Homogeneous, Fibrous Client Sample 4: F01- 01 -H03 Date Analyzed: 4/6/00 Analyst: Steve Griffin QC'd By: Joseph Mink Comments: ASBESTOS COMPONENTS FIBROIJS COMPONENTS Chrysolite 5 % Amosite Crocidolite Tremolite Actinolite Anthophyllite BULK SAMPLE ANALYSIS REPORT Asbestos Total: 5 % Fibrous Total: SAMPLE LAYER DETAILS Layer 1: 5% Chrysolite detected in Floor Tile. Layer 2: 5% Chrysolite detected in Tar. SAMPLE LAYER DETAILS Layer 1: 5% Chrysolite detected in Texturizer. Page 2 of 2 NON-FIBROIJS COMPONENTS Filler/Binder 60 % Tar <1 % Aggregate 35 % Non - Fibrous Total: 95 % Lab Project #: 103391 Lab Sample #: 98124 Color: White Client Project #: 101 Fairlane 1103 Characterization: Heterogeneous, Fibrous Client Sample #: W01 -01 -1103 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIRROI IS COMPONENTS NON- FIERO!JS COMPONFNTS Chrysotile <1 % Cellulose 50 % Filler/Binder 10 % Amosite Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non- Fibrous Total: 50 % Lab Project 4: 103391 Lab Sample #: 98125 Color: White Client Project 4: 101 Fairlane H03 Characterization: Homogeneous, Fibrous Client Sample #: C01 -01 -103 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROIIS COMPONENTS NON- FIBROi1S COMPONENTS Chrysolite 3 % Cellulose 50 % Filler/Binder 42 % Amosite Styrofoam 5 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: 3 % Fibrous Total: 50 % Non- Fibrous Total: 47 % SAMPLE LAYER DFTAB.S on, a. — — no on um an i on on — — — — ow En N on SAMPLE ID F01- 01 -H04 F02- 01 -H04 F03- 01 -H04 W01- 01 -H04 C01- 01 -H01 SAMPLE DESCRIPTION RESILIENT SHEET FLOORING RESILIENT SHEET FLOORING RESILIENT SHEET FLOORING WALLBOARD & TEXTURE CEILING TEXTURE SAMPLE DATE 03/29/00 03/29/00 03/29/00 03/29/00 03/29/00 SAMPLE RECEIVED BY: DATE: Lt i-3 3 /0"0 PROJECT NAME/#: 103 FAIRLANE; H04 ADDRESS OF HOUSE SAMPLE TAKEN FROM 103 FAIRLANE 103 FAIRLANE 103 FAIRLANE 103 FAIRLANE 103 FAIRLANE SAMPLE RELINQUISHED BY: DATE: CHAIN OF CUSTODY /0-39Z e nffin Stev , Lab ager BULK SAMPLE ANALYSIS REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite H -5 Austin, TX 78750 (512) 258 -9114 NVLAP # 102061 TDH Lab License 30 -0087 April 6, 2000 Shorty Kessler Environmental Solutions & Analysis P.O. Box 511 Round Rock, TX 78680 Dear Mr. Kessler: Please find enclosed the bulk sample analytical results for the following project: Client Project #: 103 Fairlane H04 Lab Project #: 103392 Date Received: 4/3/00 Received By: Steve Griffin Delivery Agency: Hand Delivered Name/Tracking #: Shorty Kessler Date Logged: 4/3/00 Logged in by: Joseph Mink Analysis Completed: 4/6/00 Samples in Project: 5 The following procedures were used in sample analysis unless otherwise noted. ANALYTICAL METHOD: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA 600/R- 93/116) or EPA Interim Method for the Determination of Asbestos in Bulk Insulation Samples (EPA 600/M4 -82 -020), as applicable. Percentages are visual estimates based on sample volume. Limit of Detection: <1 %. Limit of Quantification: 1 %. Negative results of resinously bound materials such as roofing material or floor tile may be inconclusive. NAD means No Asbestos was Detected in the sample or layer. The term texturizer (where applicable) may include wall texturizing, tape and bed, and/or joint compound. This report relates only to the item tested. It may not be used to claim product endorsement by NVLAP or any agency of the federal government. This report may not be reproduced, except in full, without the expressed written consent of laboratory management Subsamples of layers or other inhomogeneities were analyzed separately and their results combined in proportion to the quantity of each layer to obtain quantitative results for the sample as a whole. All samples are stored for 1 months from the date the report is sent before being disposed of unless other instuctions are received from the client in writing. Please call us if you have any questions regarding this report Thank you for your business. Sincerely, Page 1 of 3 Lab Project #: Client Project #: Client Sample #: Analyst: Comments: ASBESTOS COMPONENTS Chrysotile 5 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: BULK SAMPLE ANALYSIS REPORT 103392 Lab Sample #: 98126 103 Fairlane 1104 F01- 01 -H04 Steve Griffin 5 % Fibrous Total: SAMPLE, LAYER DETAILS Layer 1: 5% Chrysotile detected in Floor Tile. Layer 2: 5% Chrysotile detected in Tar. Lab Project #: 103392 Lab Sample #: 98127 Client Project #: 103 Fairlane 1304 Client Sample #: F02 - 01 - 1104 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS Chrysotile <1 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: ASBESTOS COMPONENTS Chrysotile 5 % Amosite Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: Layer 1: Layer 2: FIBROIIS COMPONENTS Cellulose <1 % <1 % Fibrous Total: Layer 1: 5% Chrysotile detected in Tar. Layer 2: No Asbestos Detected in Floor Tile. Layer 3: No Asbestos Detected in Mastic. Lab Project #: 103392 Lab Sample #: 98128 Client Project #: 103 Fairlane H04 Client Sample #: F03 -01 -1104 Analyst: Steve Griffin Comments: 5 % Fibrous Total: FIBROI JS COMPONENTS SAMPLE LAYER. DF.TAIJ S FIBROIJS COMPONENTS SAMPLF. LAYER IMtTATT.S 5% Chrysotile detected in Floor Tile. 5% Chrysotile detected in Tar. Page 2 of 3 Colon Brown Characterization: Homogeneous, Fibrous Date Analyzed: 4/6/00 QC'd By: Joseph Mink NON- FIRROI15 COMPONENTS Filler/Binder 60 % Tar <1 % Aggregate 35 % Non - Fibrous Total: 95 % Color. Gray Characterization: Homogeneous, Non - Fibrous Date Analyzed: 4/6/00 NON - FIBROUS COMPONENTS Filler/Binder Mastic Tar Aggregate 63 % 2 % <1 % 35 % <I % Non - Fibrous Total: 100 % Color: Tan Characterization: Homogeneous, Fibrous Date Analyzed: 4/6/00 NON - FIBROIDS COMPONENTS Filler/Binder 60 % Tar <I Aggregate 35 % Non - Fibrous Total: 95 % 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 BULK SAMPLE ANALYSIS REPORT Lab Project #: 103392 Lab Sample #: 98129 Color. White Client Project #: 103 Fairlane H04 Character Heterogeneous, Fibrous Client Sample #: W01 -01 -H04 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASRF.STOS COMPONENTS FIRROI IS COMPONFNTS NON - FIBROUS COMPONENTS Chrysotile <1 % Cellulose 50 % Filler/Binder 10 % Amosite Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non- Fibrous Total: 50 % SAMPLE LAYFR DETAILS Layer 1: 2% Chrysotile detected in Texturizer. Lab Project #: 103392 Lab Sample #: 98130 Client Project #: 103 Fairlane H04 Client Sample #: C01 -01 -H04 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON- FIBROTIS COMPONENTS Chrysotile <I % Cellulose 50 % Filler/Binder 5 % Amosite Paint 40 % Crocidolite Mica/Vermiculite 5 % Tremolite Actinolite Anthophyllite Asbestos Total: <1 % Fibrous Total: 50 % Non- Fibrous Total: 50 % SAMPLE LAYER DETAILS Layer I: 3% Chrysotile detected in Texturizer. Page 3 of 3 Color. White Characterization: Heterogeneous, Fibrous Date Analyzed: 4/6/00 • ems m — ass s • — — — — maw — — — — — — SAMPLE ID W01- 01 -H05 C01- 01 -I-105 CHAIN OF CUSTODY SAMPLE DESCRIPTION WALLBOARD & TEXTURE CEILING TEXTURE SAMPLE RELINQUISHED BY: - 12W )4 SAMPLE RECEIVED BY: SAMPLE DATE 03/29/00 03/29/00 DATE: 4 j O DATE: (Pt PROJECT NAME/#: 105 FAIRLANE; H05 ADDRESS OF HOUSE SAMPLE TAKEN FROM 105 FAIRLANE 105 FAIRLANE 3 (av r C. April 6, 2000 Shorty Kessler Environmental Solutions & Analysis P.O. Box 511 Round Rock, TX 78680 BULK SAMPLE ANALYSIS REPORT Omni Environmental, Inc. 13740 Research Blvd. Suite H -5 Austin, TX 78750 (512) 258 -9114 NVLAP # 102061 TDH Lab License 30-0087 Dear Mr. Kessler: Please find enclosed the bulk sample analytical results for the following project: Client Project #: Date Received: Delivery Agency: Date Logged: Analysis Completed: 105 Fairlane H05 4/3/00 Hand Delivered 4/3/00 4/6/00 Lab Project #: 103393 Received By: Steve Griffin Name/Tracking #: Shorty Kessler Logged in by: Joseph Mink Samples in Project: 2 The following procedures were used in sample analysis unless otherwise noted. ANALYTICAL METHOD: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA 600/R- 93/116) or EPA Interim Method for the Determination of Asbestos in Bulk Insulation Samples (EPA 600/M4 -82 -020), as applicable. Percentages are visual estimates based on sample volume. Limit of Detection: <1 %. Limit of Quantification: 1 %. Negative results of resinously bound materials such as roofing material or floor tile may be inconclusive. NAD means No Asbestos was Detected in the sample or layer. The term texturizer (where applicable) may include wall texturizing, tape and bed, and/or joint compound. This report relates only to the item tested. It may not be used to claim product endorsement by NVLAP or any agency of the federal government. This report may not be reproduced, except in full, without the expressed written consent of laboratory management. Subsamples of layers or other inhomogeneities were analyzed separately and their results combined in proportion to the quantity of each layer to obtain quantitative results for the sample as a whole. All samples are stored for 1 months from the date the report is sent before being disposed of unless other instuctions are received from the client in writing. Please call us if you have any questions regarding this report Thank you for your business. Sincerely, Stev riffin, Lab NJatiager Page 1 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' 1 1 Lab Project 4: 103393 Lab Sample #: 98131 Color: White Client Project 4: 105 Fairlane H05 Characterization: Heterogeneous, Fibrous Client Sample #: WO1 -01 -1105 Date Analyzed: 4/6/00 Analyst: Steve Griffin Comments: ASBESTOS COMPONENTS FIBROUS COMPONENTS NON- FIBROUS COMPONENTS Chrysotile Cellulose 50 % Filler/Binder 10 % Amosite Paint 40 % Crocidolite Tremolite Actinolite Anthophyllite BULK SAMPLE ANALYSIS REPORT Asbestos Total: NAD Fibrous Total: SAMPLE, LAYER DETAILS Lab Project 4: 103393 Lab Sample 4: 98132 Color: White Client Project 4: 105 Fairlane 1105 Characterization: Heterogeneous, Fibrous Client Sample #: C01- 01 -H05 Date Analyzed: 4/6/00 Analyst: Steve Griffin QC'd By: Joseph Mink Comments: ASBESTOS COMPONENT$, FIRROIIS COMPONENTS NON - FIBROUS COMPONENTS Chrysotile Cellulose 70 % Filler/Binder 10 % Amosite Paint 20 % Crocidolite Tremolite Actinolite Anthophyllite Asbestos Total: NAD Fibrous Total: SAMPLE LAYER DETAILS Page 2 of 2 50 % Non - Fibrous Total: 50 % 70 % Non - Fibrous Total: 30 % the removal of asbestos from seven homes in the alignment of the South Mays realignment project, and pp WHEREAS, (aLL / L & /YL • // 5.has submitted the lowest and best bid, and WHEREAS, the /I gq City Council wishes to accept the bid of G �U�(v & 1107MTIFI a.Q/46,, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with the removal of asbestos from seven homes in the alignment of the South Mays realignment project, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of June, 2000. ATTEST: WHEREAS, the City of Round Rock has duly advertised for bids for Kt \WPOOCSVRSSOLUTI \x0062254 .WPS /nc E LAND, City Secretary RESOLUTION NO. R 00 06 22 - 11B4 Cr/ / I /lL ROM"' A. TLUKA, ., Mayor City of Round Rock, Texas for Q6/21/2000 16:29 FAX 5122185563 June 21, 2000 City of Round Rock c/o Mr. Thomas Word 2008 Enterprise Drive Round Rock, Texas 78664 Project Manager JUN -21 -2000 16:41 CORR PUBLIC WORKS • CITY HALL LJ 001 • 118q Dear Mr. Word: • Attached are the Bid Tab results for the Asbestos Abatement project on Fairlane Drive and Belaire Circle. I have reviewed the Qualifications of the low bidder; Laughlin Environmental, Inc., 101 San Marcos, Dripping Springs, Texas. I also contacted several references presented in the qualifications. All of the references contacted stated that Laughlin Environmental had performed in a satisfactory manner and were either still utilizingthem or requesting bids from them. Also, all had favorable comments towards the Project Manager, Mr. Rick Crider. All bid bonds, insurance and additional submittals are in good order. Based on this review, it is the recommendation of Environmental Solutions & Analysis that the City of Round Rock retain the services of the low bidder, Laughlin Environmental, Inc. If you have any questions please call me at 388 -4269. Sincerely, I) S n acol l SkC e,<- KENNETH "SHORTY" KESSLER AND LARRY ROBINSON P.O. BOX 511 ROUND ROCK, TEXAS 78680 512/388 -4269 OFFICE 512/388-0960 FAX 512/940 -5332 & 512/940 -1036 MOBILE . 5122185563 98% P.01 to co COMPANY NAME CONTACT PERSON PHONE FAX TOTAL BID AMOUNT 1 Southwest Constructors Ralph Young /Bill Post Hector QuintanillaiWillard Click 836-0667 251 -2277 835 -9865 251 -7707 $47,147.00 $78,300.00 2 OAI 3 Sierra Environmental Pat Fleener 336 -7665 258 -6342 NO BID 4 ARC Abatement Robert Abbot 280 -1350 280.4623 $48,250.0D 5 Laughlin Environmental Rick Crider 894 -4669 894 -4670 $39,114.00 6 Access Environmental Robert Smith 210/826 -2681 210/822 -916 NO BID 7 Alamo Environmental Don Wiest 210/212.6486 2101212 -6772 $42,986.00 8 Bexar Environmental Daniel Sisallejo Faris Rabah 210/432 -7900 214/752 -8924 210/436 -4731 214/752 -8414 NO BID NO BID 9 USA Environmental 10 All Phase Environmental Carlos Martins 210/860 -0512 NO 81D 11 12 13 14 15 to co ASBESTOS ABATEMENT LOCATIONS BELAIRE CIR. & FAIRLANE DR. 40 0 40 80 Feet III I I RREEDYNT/D /ARCDATA/bIISC MAPS/FAIRLANE & BEL URE ASBESTOS INSPECTION REPORT 1 NVLRONMENTAL ,1 i OLUTIONS &A ALYSIS For the Evaluation of Potentially Hazardous Materials or Conditions LIMITED, NON - DESTRUCTIVE ASBESTOS CONTAINING BUILDING MATERIAL (ACBM) ASSESSMENT ON 100 thru 105 Fairlane & 100 then 103 Belaire Round Rock, Tern 78664 Williamson County ES&A Project # 28040001 Prepared For. City of Round Rock do Mr. Thomas Word 2008 Enterprise Drive Round Rock, Texas 78664 April 28, 2000 KENNETH IISHORTY" KESSLER AND LARRY ROBINSON P.O. BOX 511 ROUND ROCK, TEXAS 78680 512/388-4269 OFFICE 512/388 -0960 FAX 512A413332 & 532/940 -1036 MOBILE Page -1- EXECUTIVE SUMMARY This report presents the findings, conclusions, and recommendations based on a limited, non - destructive Asbestos Containing Building Material Assessment performed by Environmental Solutions & Analysis (ES&A) on Eight (8) residential properties purchased by the City of Round Rock, Williamson County, Round Rock, Texas 78664 (Subject Properties). This assessment was conducted for the City of Round Rock, 2008 Enterprise Drive, Round Rock, Texas 78664 (Client). This request was made on March 8, 2000 and performed in accordance with the scope of services outlined by ES&A's proposal dated February 14, 2000. The survey was conducted March 8 through April 28, 2000. The Subject Properties are single family residences purchased by the City of Round Rock to precipitate the expansion of South Mays Street by the City of Round Rock. These residences are to be demolished. Due to the age of the structures and the possibility of building materials being Asbestos Containing Building Materials (ACBM) a limited, non- destructive Asbestos Containing Material Assessment was performed. We have performed a limited, non - destructive Asbestos Containing Building Material Assessment on Eight (8) residential properties purchased by the City of Round Rock, Williamson County, Round Rock, Texas 78664 in conformance with the scope and limitations of our proposal of February 14, 2000. This assessment has revealed the following environmental conditions in connection with the property: • The Subject Properties are developed with older single family residences. The age of these residences led ES&A personnel to suspect the possibility of Asbestos Containing Building Materials (ACBM) being utilized in the building materials of the residences. Therefore, the Client was contacted and the decision was made to perform a limited, nondestructive survey for ACBM. The results of this survey are shown in attached Tables. To summarize: • The wall and /or ceiling texturizer in seven out of eight of the residences sampled contain Asbestos Containing Material (ACM). • The flooring samples in seven out of eight of the residences contain ACM. • The window putty on the exterior of the windows at 100 Fairlane contains 5 % ACM. ENVIRONMENTAL SOLUTIONS & ANALYSIS, INC. P.O. BOX511 ROUND ROCK, TX 78680 517/3884169 Page -2- Properties. recommends ES commends that the following procedures be followed in dealing with the Subject The structures located on the Subject Properties are residential structures. Therefore, these structure is not regulated by Texas Department of Health or any other regulatory laws related to Asbestos Containing Building Material. The presence or absence of ACBM was performed for this assessment mainly due to concerns associated with demolition of these structures following purchase by our Client. For worker safety reasons, PRIOR to demolition, it is recommended that the ACBM be abated by a licensed Asbestos Abatement Contractor and crew. • There is also a technical point of contention that these residences, since they are now owned by the City of Round Rock, could be deemed public buildings simply through ownership. Therefore, for liability and possibly legal reasons it is also recommended that the ACBM be abated by a licensed Asbestos Abatement Contractor and crew. A copy of this report should be maintained for use in future pursuits. NOTES TO ACCOMPANY REPORT: • ALL SQUARE FOOTAGES REPORTED ON THE INVENTORY AND ASSESSMENTS ATTACHED ARE ESTIMATES TO THE BEST OF ES &A'S KNOWLEDGE AND ABILITY. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY SQUARE FOOTAGE PRIOR TO SUBMITTING A PROPOSAL TO THE OWNER • THERE ARE TWO INVENTORIES ATTACHED TO THIS REPORT FOR EACH PiOPERTY SAMPLED. THE FIRST IS THE INVENTORY AND ASSESSMENT OF ACBM. THIS INVENTORY REPORTS ONLY MATERIALS CONTAINING ASBESTOS. THE SECOND IS THE INVENTORY OF HOMOGENEOUS MATERIALS WHICH REPORTS ALL MATERIALS SAMPLED WHETHER ASBESTOS CONTAINING OR NON - DETECTABLE. • FIELD NOTES INDICATING SAMPLE LOCATIONS AND ANY OTHER PERTINENT DOCUMENTATION ARE AVAILABLE IN THE OFFICES OF ES &A. ENVIRONMENTAL SOLUTIONS & ANALYSIS, INC. P.O. BOX 511 ROUND ROC14 TX 78680 512/38&4269 SIGNATURE The data content herein is confined to information known from the time of initial investigation until the time of issue of this report. All conclusions and any recommendations are unbiased statements of opinion concerning only the determination of the risks associated with the properties and the facilities thereon. Kenneth "Shorty' Kessler Project Manager 4 ENVIRONMENTALSOLUT[ONS K ANALYSIS, INC. P.O. BOX511 ROUND ROCK, TX 78680 517/358.3267 Page -3- DATE: June 16, 2000 SUBJECT: City Council Meeting — June 22, 2000 ITEM: 11.B.4. Consider a resolution authorizing the Mayor to execute an agreement for the removal of asbestos from seven (7) homes in the alignment of the South Mays realignment project. Staff Resource Person: Jim Nuse, Public Works Director.