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Home My WebLink About413953 HUDSPETH AND ASSOCIATES - CONTRACT - BID - 6036 ASBESTOS AND LEAD ABATEMENT 29662SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Hudspeth and Associates, Inc, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of twenty seven (27) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon receiving notice of the Notice to Proceed. Services shall be completed no later than fourteen (14) working days after the Notice to Proceed is issued. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by rev 09/01106 1 &WaW Environmental Scientists and Engineers, LLC TABLE OF CONTENTS 1 INTRODUCTION.............................................................................................................................. I 2 SCOPE OF WORK............................................................................................................................ I 2.1 ASBESTOS ABATEMENT........................................................................................................1 2.1.1 ACM AND MATERIALS CONTAINING TRACE AMOUNTS OF ASBESTOS TO BE REMOVED........... 1 2.1.2 WORK PROCEDURES....................................................................................................................2 2.1.3 SPECIAL CONSIDERATIONS.......................................................................................................... 3 2.1.4 INSPECTIONS BY OWNER/OWNERS REPRESENTATIVE................................................................. 3 2.1.5 MAXIMUM ALLOWABLE ASBESTOS LEVEL (MAAL)................................................................. 5 2.1.6 SUBMITTALS................................................................................................................................ 7 2.1.6.1 PLAN OF ACTION..................................................................................................................... 7 2.1.6.2 TECHNICAL SUBMITTALS........................................................................................................ 7 2.2 LBP REMOVAL AND PAINT SURFACE PREPARATION...................................................7 2.2.1 PAINT TO BE REMOVED............................................................................................................... 8 2.2.2 AREA TO BE PREPARED FOR REPAINTING.................................................................................... 8 2.2.3 RECOMMENDED REMOVAL, SURFACE PREPARATION, AND CLEANUP TECHNIQUES .................. 9 2.2.4 WASTE HANDLING/DISPOSAL.....................................................................................................9 2.2.5 SPECIAL CONSIDERATIONS.......................................................................................................... 9 2.2.6 WORKER PROTECTION............................................................................................................... 10 2.2.6.1 LEAD COMPLIANCE PROGRAM.............................................................................................. 10 2.2.6.2 LEAD WORKER HEALTH AND SAFETY REGULATIONS.......................................................... 11 2.2.7 ADDITIONAL REGULATIONS......................................................................................................12 2.2.8 VISUAL CLEARANCE.................................................................................................................. 12 3 SCHEDULE......................................................................................................................................13 4 PROJECT COORDINATION........................................................................................................13 5 INSURANCE....................................................................................................................................13 6 QUALIFICATIONS AND LIMITATIONS..................................................................................14 LIST OF TABLES TABLE 1 ACM AND MATERIALS CONTAINING TRACE AMOUNTS OF ASBESTOS TO BE REMOVED......................................................................................................................................... 2 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc -waWi Environmental Scientists and Engineers, LLC LIST OF APPENDICES APPENDIX A FIGURES Figure 1 Bobcat Ridge Natural Area — First Floor, ACM to be Removed Figure 2 Bobcat Ridge Natural Area — Second Floor, ACM to be Removed Figure 3 Bobcat Ridge Natural Area — Roof, ACM to be Removed Figure 4 Bobcat Ridge Natural Area — LBP to be Removed and Prepared APPENDIX B LEAD -BASED PAINT SCREENING TABLE 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc ii ALMM Environmental Scientists and Engineers, LLC ACRONYM/ABBREVIATION LIST The following acronyms and abbreviations have been used in this Work Plan for the Bobcat Ridge Natural Area property located in Larimer County, Colorado: ACM Asbestos -Containing Material CDPHE Colorado Department of Public Health and Environment CFR Code of Federal Regulations DOT United States Department of Transportation f/cc fibers per cubic centimeter f/m3 fibers per cubic meter HEPA High Efficiency Particulate Air HUD United States Department of Housing and Urban Development LBP Lead -Based Paint LF Linear Feet MAAL Maximum Allowable Asbestos Level mg/cm2 milligrams per square centimeter NAM Negative Air Machine NIOSH National Institute for Occupational Safety and Health OSHA United States Department of Labor, Occupational Safety and Health Administration Owner City of Fort Collins PCM Phase Contrast Microscopy PEL Permissible Exposure Limit RCRA Resource Conservation and Recovery Act SF Square Feet SITE 8281 West County Road 32 C s/mm2 structures per square millimeter TEM Transmission Electron Microscopy TWA Time -Weighted Average US United States USEPA US Environmental Protection Agency WALSH Walsh Environmental. Scientists and Engineers, LLC XRF X-Ray Fluorescence µg/m3 micrograms per cubic meter 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc ii AkwawL Environmental Scientists and Engineers, LLC ASBESTOS ABATEMENT, LEAD -BASED PAINT REMOVAL, AND PAINT SURFACE PREPARATION WORK PLAN CITY OF FORT COLLINS BOBCAT RIDGE NATURAL AREA RESIDENTIAL AND OUT -BUILDING STRUCUTRES 8281 WEST COUNTY ROAD 32 C LARIMER COUNTY, COLORADO 1 INTRODUCTION Walsh Environmental Scientists and Engineers, LLC (WALSH) conducted a pre- demolition/renovation building inspection on April 12, 2006 at the Bobcat Ridge Natural Area property located at 8281 West County Road 32 C in Larimer County, Colorado (SITE). The scope of work of the inspection consisted of a visual assessment and collecting bulk samples of suspected building materials, performing screening for lead -based paint (LBP) with a portable X- ray fluorescence (XRF) analyzer, and sampling of the anticipated demolition debris to determine lead content. Two structures were inspected at the SITE including the residence and an out- building. The intent of this phase of the project is to remove asbestos -containing materials (ACM), to remove LBP to reduce the overall lead content present in the structures, and to prepare select exterior portions of the structures for repainting. 2 SCOPE OF WORK 2.1 ASBESTOS ABATEMENT The work specified herein shall be the removal of ACMs by competent persons trained, knowledgeable, and qualified in the techniques of asbestos abatement. This includes the handling and disposal of asbestos containing and ACMs and the subsequent cleaning of contaminated areas. The abatement contractor (Contractor) must comply with all applicable federal, state, and local regulations, and be capable of performing the work specified in this Work Plan. The Contractor is responsible to obtain all necessary permits and make all required notifications. 2.1.1 ACM and Materials Containing Trace Amounts of Asbestos to be Removed The following table lists the locations, materials, percentage, and type of asbestos, as well as the approximate quantities of ACM and materials containing trace amounts of asbestos to be removed. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc Walsh Environmental Scientists and Engineers, LLC TABLE 1 ACM AND MATERIALS CONTAINING TRACE AMOUNTS OF ASBESTOS TO BE REMOVED Material Material Material Type Friability Percentage and Approximate Description Location* I Type of Asbestos Quantit MA02 — Black Kitchen and Miscellaneous Category II 10% Chrysotile 250 SF Pliable Bathroom Non -friable Adhesive OT01 —White Upstairs Rooms, Miscellaneous Category II 1.75% - 2% 1,000 SF Finishing Mud Stairway Front Non -friable Chrysotile (Point on Fiber Board Entry Room Count) (Ceiling), and SE Bedroom (Ceiling) RSL01 — Black Roof Miscellaneous Category 1 10% Chrysotile 150 LF Tar Roof Penetrations Non -friable Sealant and Seams SVF03 — Bathroom and Miscellaneous Friable 20% Chrysotile 100 SF Yellow and Laundry Room Cream Mottled Sheet Vinyl Flooring WG01 — Olive Exterior Miscellaneous Category II 0.25% to 0.5% 176 LF Window Windows on Non -friable Chrysotile Glazing portion to be (Point Count) demolished SF = Square Feet LF = Linear Feet Please see the figures induded in Appendix A for approximate locations of ACMs The quantities identified above are approximate and are for estimating purposes only 2.1.2 Work Procedures The materials MA02 — black pliable adhesive, RSLOI — black tar roof sealant, and WGOI — olive window glazing may be removed utilizing non -friable component removal techniques. Full containment controls are required for the removal of the materials OT01— White Finishing Mud on Fiber Board and SVF03 — Yellow and Cream Mottled Sheet Vinyl Flooring. The following procedures must be adhered to at a minimum, but all work is to be performed according to Colorado Department of Public Health and Environment (CDPHE) - Regulation No. 8, The Control of Hazardous Air Pollutants, Part B, The Control of Asbestos, 5 CCR 1001-10, Part B, effective March 2, 2005 (Regulation 8) and all other applicable laws and regulations: Put in place a fully operational decontamination unit contiguous with the work area, place and start a sufficient number of high efficiency particulate air (HEPA) equipped negative air machines (NAM) to ventilate the work area, pre -clean and then construct and place critical barriers, impart a negative pressure differential between the work area and all surrounding areas. NAM exhaust must be discharged to the outside of the buildings at all times. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc Environmental Scientists and Engineers, LLC ■ All surfaces within the work area shall be thoroughly HEPA vacuumed and wet -wiped so that no visible dust or debris remains. All moveable objects must be removed from work area prior to containment construction by the Contractor. ■ Proceed with containment construction and establish a negative pressure differential of at least -0.030 inches of water. The containment must stand for a minimum of two hours with -0.030 inches of water negative pressure prior to the pre -abatement inspection being performed. After passing a pre -abatement visual inspection, gross removal and final cleaning can commence. All materials will be removed by hand using wet methods. Final air clearance samples will utilize phase contrast microscopy (PCM) as the analytical technique. All clearance air monitoring will be conducted according to specifications outlined in Regulation 8. The staging area for equipment and personnel will be at the closest entrance to the work area or an area determined by the Owner. Security for any equipment and/or vehicles left on -site is the responsibility of the Contractor. The Owner will not be responsible for theft or vandalism of Contractor's equipment that is left on -site. Project hours will' be 7:00 A.M. to 5:00 P.M., Monday through Friday. If any work is to be completed outside of these specified work hours, it must be approved in writing prior to being initiated. In addition, the Contractor shall bear any costs incurred by Owner/Owners representative required to staff the project which are outside of the specified work hours. 2.1.3 Special Considerations Electricity (115 volt) is available at the SITE. The Contractor is responsible for all costs related to providing any rework wiring required. Any rework wiring required must be performed by a qualified and licensed electrician. Potable water is not available at the SITE. It is necessary that the Contractor provide all water for the removal process, as well as potable water for the decontamination unit. A sanitary sewer service is not available for the discharge of filtered waste water. It is required that all filtered waste water be collected and discharged into a sanitary sewer at another location or disposed of properly. Upon project completion all structures must be secured by the Contractor (boarding up windows, doors, etc.). 2.1.4 Inspections by Owner/Owners Representative Project inspection requirements are summarized below. ■ When required by Owner/Owners representative, the Contractor shall take down or uncover portions of the finished work. If the work thus exposed is satisfactory to Owner/Owners representative, the cost of exposing and restoring the same shall be at the expense of Owner. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 3 WaAs t Environmental Scientists and Engineers, LLC Alternatively, if in the opinion of Owner/Owners representative, the work is unsatisfactory, all cost and expenses of exposing, removing, re -testing, replacing, and restoring shall be borne by the Contractor. Any omission or failure on the part of Owner/Owners representative to disapprove or reject any inferior or defective work or material shall not be construed to be an acceptance of any such work or materials. The Contractor shall remove at its own expense any defective work or material rejected by Owner/Owners representative and shall rebuild or replace the same without extra charge to Owner/Owners representative. All applicable costs for re -testing an area for clearance purposes shall be performed at the Contractor's expense. ■ All inspections shall take place during specified work hours. If inspections occur outside/past specified project hours, the Contractor shall bear all costs incurred by Owner/Owners representative. ■ Where the Owner/Owners representative has an on -site representative, the Contractor shall give the Owner/Owners representative two hours advance notice of an impending inspection. Where the Owner/Owners representative does not have an on -site representative present, then a twenty-four hour advance notice of impending inspection is required. Contractor shall request in writing required Owner/Owners representative inspections including the time and date of the requested inspection. ■ If the visual inspection detects items to be corrected the area will be termed "failed" and will need to have corrective action taken by the Contractor. ■ The Contractor must allow for a two hour notice period before the re -inspection of the failed area may begin (this requirement may be waived by Owner/Owners representative). Items of work requiring inspection sign -off by Owner/Owners representative include: - Pre -Abatement (Area Preparation and Containment) Inspection - Removal of asbestos and necessary demolition shall not take place until Owner/Owners representative has inspected area preparation work and given approval. - Final Visual Inspection - The area shall not be encapsulated or locked down until Owner/Owners representative has inspected and given approval of the final cleaning and area decontamination. The containment must be completely dry, during the inspection with no water droplets, remains or saturation on polyethylene sheeting or other surfaces in the containment. ■ The inspections are listed in the applicable above paragraphs. A punch list of items to be corrected resulting from the "failed" inspection, will be prepared jointly by the Contractor and Owner/Owners representative prior to final acceptance of the project by the Owner/Owners representative. Inspections shall in no way be construed as final or partial acceptance by Owner/Owners representative. Any failure or omission of the 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 4 Wah� h Environmental Scientists and Engineers, LLC Owner/Owners representative to notify the Contractor of defective work shall not excuse Contractor for liability for such defective work. ■ It will be necessary that the Contractor successfully confine fiber release to the designated work area and within the containment. Owner/Owners representative obligations are solely to Owner/Owners representative. In meeting such obligations Owner/Owners representative may increase the burdens and expense of the Contractor, his sub -contractors or employees, or the surety of them. Nothing in the performance of Owner/Owners representative services in connection with this project implies the undertaking for the benefit of, or which may be enforced by, the Contractor, his sub- contractors, or employees, or the surety of any of them. It is not the function of Owner/Owners representative to specify all of the means by which the Contractor will attain the intended results, nor to state all of the environmental conditions that must be present for the safety of workers who are employed to produce the intended results, or for the safety of others during construction. The Contractor shall establish means and environmental conditions that meet all applicable laws and regulations. ■ The Contractor is required to remove all specified ACM. Any ACM, debris or contaminated materials, missed, not accessed or abated thoroughly, and later discovered by the Owner/Owners representative, will be corrected by the Contractor at no cost to the Owner/Owners representative. ■ The Owner/Owners representative will provide final visual inspection for the work area and Work Area Clearance sampling for the work area. Samples exceeding 0.010 fibers per cubic centimeter (f/cc) will be deemed to have failed, and must be re -cleaned and re- tested. Contractor may, on the approval of the Owner/Owners representative, have the work area re -sampled and analyzed by Transmission Electron Microscopy (TEM) if it will not interfere with the project schedule. Cost for TEM analysis will be the responsibility of the Contractor. ■ The Contractor may be charged for any re -inspections and/or re -sampling of the work areas at the discretion of the Owner. 2.1.5 Maximum Allowable Asbestos Level (MARL) Outside Work Area: If any air sample taken outside of the work area exceeds the CDPHE maximum allowable asbestos level (MARL), immediately and automatically stop all work except corrective action. The Owner/Owners representative will determine the source of the high reading and so notify the Contractor in writing. ■ Maximum Allowable Asbestos Level - Air monitoring shall be conducted during normal occupancy and samples shall not be collected in an aggressive manner. - Where PCM is used as the method of analysis the standard is 0.010 f/cc of air which is equivalent to 10,000 fibers per cubic meter of air (f/m). The 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 5 WaWi Environmental Scientists and Engineers, LLC National Institute for Occupational Safety and Health (NIOSH) 7400 Method shall be used to analyze samples. The number of samples to be taken shall be determined by the air monitoring specialist. Where TEM is used as the method of analysis, the standard is 70 structures per square millimeter (s/mmZ). TEM analysis shall be conducted pursuant to the protocol in 40 Code of Federal Regulations (CFR) Part 763, Appendix A to Subpart E. - All air monitoring samples collected for MAAL and clearance purposes shall be performed by the Owners representative who is independent of the general abatement contractor to avoid possible conflict of interest. ■ In the event that airborne fiber levels outside a work area exceed the MAAL when analyzed by Phase Contract Microscopy (PCM) (and verified by TEM), the Contractor shall comply with CDPHE requirements for Major Asbestos Spills (Regulation 8 Section III.T.I). If the high reading was the result of a failure of work area isolation measures initiate the following actions: - Immediately erect critical barriers to isolate the affected area from the balance of the building and establish a negative pressure differential. Erect critical barriers at the next existing structural isolation of the involved space (e.g. ceiling, floor, and wall). - Decontaminate the affected area. - Require that respiratory protection be worn in affected area until area is cleared for re -occupancy. - Leave critical barriers in place until completion of work and insure that the operation of the pressure differential system in the area results in a flow of air from the balance of the building into the affected area. - If the exit from the clean room of the personnel decontamination unit enters the affected area, establish a decontamination facility consisting of a shower room and change room at entry point to affected area. - After certification of visual inspection in the area, final clearance air samples will be taken within the area. ■ In the event that areas beyond the work area become contaminated with asbestos, or asbestos -containing dust/debris, and/or visible emissions from the work area, the Contractor shall be responsible for all costs associated with cleaning and subsequent testing (visual inspection, air sampling, and bulk analysis) of these areas. • If the high reading was the result of other causes, Contractor shall initiate corrective action as required by the Owner/Owners representative. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 6 AkWalsh Environmental Scientists and Engineers, LLC Effect on Contract Sum: Complete corrective work with no change in the contract sum if high airborne fiber counts were caused by Contractors activities. The contract sum and schedule will be adjusted for additional work caused by high airborne fiber counts beyond the Contractors control. Contractor is responsible for all costs associated with TEM verification where PCM samples exceed 0.010 f/cc, and any subsequent cleaning and additional sampling costs regardless of TEM sample results. 2.1.6 Submittals The following sections detail the required submittals for the asbestos abatement portion of the project. 2.1.6.1 Plan of Action Prior to the start of work, the Contractor shall prepare a brief plan of the procedures proposed for use in complying with the requirements of this work plan and all applicable regulations. Include in the plan the sequencing of asbestos work (containments and work areas), methods to be used to assure the safety of building occupants and visitors to the SITE, disposal plan including staging and waste load -out procedures, and location of approved disposal facility. Expand upon the method of removal to prohibit visible emissions. The Contractor is solely responsible for construction means, methods, techniques and sequences, and procedures with respect to complying with all applicable regulations. 2.1.6.2 Technical Submittals The Contractor shall submit all technical documentation as specified in this section using the list and schedule provided below. Respiratory Protection Program Hazard Communication Program Medical Response Program General Abatement Certificate List of Personnel to be Used Personnel Certifications Plan of Action Project Sequencing and Schedule Disposal Facility Information (Daily for the previous day) Daily Field Logs Daily Entry/Exit Sign -in Sheets Visitor Documentation Forms Event Condition Report 24-hour Manometer Chart Personal Air Monitoring Results Accident Reports Photographs (digital) 2.2 LBP REMOVAL AND PAINT SURFACE PREPARATION (Two weeks after) Disposal Manifests Owner's Final Inspection Change Orders The U.S. Environmental Protection Agency (USEPA), CDPHE, OSHA, and other agencies define LBP as paint having a lead content of greater than or equal to 1.0 milligrams per square centimeter (mg/cm) using XRF techniques. Select typical painted components of the structures were evaluated for the presence of LBP. A table included in Appendix B provides a summary of the painted components screened for lead at the SITE and the screening results. XRF analysis results identified several components that contained lead above the 1.0 mg/cm2 level. The paint on the structures was observed to range from a fair to very poor condition. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 7 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins Hudspeth and Associates, Inc. Attn: Purchasing 14 Iverness Drive East Ste F-124 PO Box 580 Englewood, CO 80112 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Sixteen Thousand Five Hundred Forty Seven Dollars ($16.547) in accordance to Exhibit "B", attached hereto; consisting of one (1) page and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall rev 09/01/06 2 W1 Environmental Scientists and Engineers, LLC The work specified herein shall be the LBP removal and surface preparation for repainting at the SITE. The work must be performed by persons trained, knowledgeable, and qualified in the techniques of LBP removal, surface preparation, waste disposal, and U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) lead compliance. The paint to be removed and surface prepared for repainting are described in the Section 2.2.1. The Contractor is responsible for determining exact quantities of paint to be removed and quantities of surfaces of paint to be prepared for repainting. The activities described in this Work Plan are not intended to permanently contain or eliminate the LBP hazard and therefore is not a State of Colorado Regulation 19 "Abatement Project" Instead activities are intended to remove LBP to reduce the overall lead content present in the structures prior to demolition, as well as prepare and restore painted exterior portions of the structures while adhering to the OSHA regulations, Resource Conservation and Recovery Act (RCRA), and any other applicable regulations. OSHA regulates worker exposure to lead under regulations promulgated under 29 CFR Part 1926.62. This standard applies to all construction work where employees may be occupationally exposed to lead, including demolition, renovation, and remodeling activities. During the LBP removal and surface preparation functions the selected contractor must comply with all requirements outlined in 29 CFR Part 1926.62. The following sections of this Work Plan describe the areas of LBP to be removed and prepared, recommended -work practices, and basic OSHA regulatory compliance issues. An outline of applicable regulatory requirements is also included. 2.2.1 Paint to be Removed A description of paint to be removed is described below. ■ All exterior paint (white) on the portion of the residence to be demolished (single story, section) shall be removed and properly disposed. ■ The paint (red) on the entrance door to the out -building to be demolished shall be removed and properly disposed. ■ All exterior paint (white) on the portion of the residence that will remain (two story section), that is loose, peeling, and/or cracking shall be removed and properly disposed. ■ All paint that has delaminated from the structure and fallen onto the ground surrounding the structure shall be removed and properly disposed. 2.2.2 Area to be Prepared for Repainting A description of painted areas to be prepared for repainting are described below. All exterior painted surfaces (i.e. doors, fascia, siding, soffit, trim, windows, etc.) on the portion of the structure that will remain (two story section) shall be prepared for repainting by the Contractor. All areas where the paint has become loose, peeled away, cracked, or chipped shall be sanded with sanders attached to HEPA filter equipped vacuums, wet sanded, or wet scrapped until smooth and then "feathered out." When complete all surfaces must be smooth and dust free to allow for proper paint adhesion. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 8 _A&WaW . Environmental Scientists and Engineers, LLC 2.2.3 Recommended Removal, Surface Preparation, and Cleanup Techniques A description of the recommended removal, surface preparation, and cleanup techniques are described below. ■ Setup a functional decontamination area or unit. ■ Establish a controlled work area using physical barriers and/or barrier tape. ■ Remove all visible loose paint from the soil surrounding the structures. ■ Install six millimeter polyethylene drop cloths extending a minimum of ten feet out from the structures. ■ Pre -wet (mist) painted surfaces to be removed/prepared to minimize dust generation during preparation/removal activities. ■ Sand with HEPA filter equipped sanders; wet sand, and/or wet scrape all deteriorated surfaces. ■ Wet wipe all surfaces using a high -phosphate detergent solution to remove visible dust. ■ After drying, vacuum all surfaces with HEPA filter equipped vacuums. 2.2.4 Waste Handling/Disposal A description of the waste handling and disposal requirements are described below. ■ The selected Contractor is responsible for proper waste containerization, storage, characterization, and labeling in accordance with applicable federal, state, and local regulations. ■ All lead -contaminated waste will be bagged or wrapped in six millimeter polyethylene sheeting prior to being removed from the controlled work area. ■ Waste will be staged in a secure area on -site until transported to a disposal site. ■ Waste material will not be handled in such a way as to generate dust. ■ No visible emissions will be created during any waste handling activity. ■ Properly manifest, transport, and dispose of lead -contaminated paint chips, debris, and waste water in accordance with applicable federal, state, and local regulations. 2.2.5 Special Considerations Descriptions of special considerations related to this portion of the project are described below. ■ Prior to the start of any field work, the selected contractor is required to submit a written lead compliance plan to the building Owner/Owners representative. ■ Electricity (115 volt) is available at the SITE. The Contractor is responsible for all costs related to providing any rework wiring required. Any rework wiring required must be performed by a qualified and licensed electrician. ■ Water and sewer service is not available at the SITE. All waste water will be collected, filtered, and disposed of in accordance with local wastewater facility requirements. ■ Removal and surface preparation methods should be chosen to minimize the generation of dust (e.g. wet methods and/or HEPA filter equipped sanders). ■ The Contractor shall take steps to prevent the transport of dust, debris, or other contamination to adjacent portions of the SITE. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 9 Walsh Environmental Scientists and Engineers, LLC ■ All of the exterior window glazing on the residential structure contains a trace (less than 1.0 percent) amount of asbestos. This material is currently not regulated by the USEPA or the CDPHE. If this material is disturbed during the paint surface preparation, the contractor must comply with all current OSHA regulations for monitoring employee exposure to asbestos, as well as comply with proper disposal requirements (if removed). ■ All waste and debris generated by the Contractor during the paint removal and surface preparation activities must be disposed of as a hazardous waste unless characterized as non -hazardous. The contractor may, at their own expense, segregate and characterize different waste streams (i.e. personal protective equipment, water filters, polyethylene sheeting, etc.). Owner/Owners representative must be notified forty-eight hours in advance of any waste characterization sampling by the Contractor. Analytical results of all waste characterization tests must be submitted to the Owner/Owners representative. The Contractor is responsible for all costs associated with the analytical testing and proper disposal of these lead -contaminated materials. In addition, the Contractor will provide a copy of the completed waste manifest to the Owner/Owners representative ■ The Owner/Owners representative will provide a final visual inspection of completed work areas. Clearance protocols will include a visual inspection to determine that each specified area is free of loose paint and visible dust and that the surface is ready for repainting. The final project clearance criteria are described in Section 2.2.8. ■ The Contractor is responsible for removing any/all fixtures, fixed objects, and other items that maybe required to facilitate paint removal and surface preparation. The Contractor is responsible for reinstalling any removed items unless the item is noted for removal and disposal. 2.2.6 Worker Protection The following sections detail the programs and activities required for worker protection. 2.2.6.1 Lead Compliance Program The Contractor is responsible for developing and implementing a site -specific written lead compliance program for the project. A written plan for this lead compliance program must be submitted and approved by the Owner/Owners representative prior to the start of any work. After the plan is approved, a copy must be available throughout the duration of project for subsequent on - site inspection. The following items are considered major components of the plan: ■ Regulatory Information ■ Description of Emission Activities ■ Permissible Exposure Limit (PEL) Compliance .Technologies ■ Air Monitoring Data Documenting Lead Emissions ■ Program Schedule Implementation ■ Work Practices ■ Administrative Control Schedule ■ Potential Affected Employee Notification ■ Work Site Inspection ■ Personnel Protection ■ Housekeeping 6129/2006 Bobcat Ridge Natural Area Work Plan.doc 10 waWi Environmental Scientists and Engineers, LLC ■ Hygiene Facilities and Protection ■ Medical Surveillance ■ Medical Removal ■ Employee Information and Training ■ Signage ■ Observation of Monitoring ■ Recordkeeping, and ■ Other Relevant Information. 2.2.6.2 Lead Worker Health and Safety Regulations OSHA regulates worker exposure to lead under regulations promulgated under 29 CFR Part 1926.62. This standard applies to all construction work where employees may be exposed to lead, including demolition, renovation, and remodeling activities. During the LBP removal and surface preparation functions the Contractor must comply with all requirements outlined in 29 CFR Part 1926.62. Briefly summarized, the standard requires the following: ■ Representative and periodic air monitoring must be conducted for all employees potentially exposed to airborne (fume and dust) lead. ■ Establish a lead action level of 30 micrograms per cubic meter (µg/m) of air calculated over an eight hour time -weighted average (TWA) period. ■ Establish a lead permissible exposure limit (PEL) of 50 µg/m3 of air averaged over an eight hour TWA period. ■ Conduct preliminary exposure assessment (air monitoring) to determine that the airborne lead concentration has not exceeded the action level or the PEL. ■ Provide adequate protection of employees during the preliminary exposure assessment. ■ Apply engineering and administrative controls or respiratory protection for workers potentially exposed above the PEL. ■ Provide a written compliance program to control workers' lead exposure to below the PEL. ■ Provide protective clothing for workers exposed above of the PEL or when there is a potential for eye and skin irritation. ■ Provide hygiene facilities and procedures where workers are exposed above the PEL without regard to the use of respirators. ■ Conduct biological testing consisting of blood sampling and analysis for lead at the beginning and at the end of the project. ■ Provide medical removal protection for workers overexposed to lead. ■ Provide information and training for employees who may be exposed to lead. ■ Erect warning signs where workers are exposed above the PEL. ■ Maintain employee lead exposure monitoring information/records and medical examinations. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc I 1 AlMaWt Environmental Scientists and Engineers, LLC 2.2.7 Additional Regulations All federal, state, and local regulations must be followed during the removal and surface preparation of lead contaminated materials. Additional regulations include, but are not limited to the following: OSHA: 29 CFR Part 1910.20 29 CFR Part 1910.134 29 CFR Part 1926.20 29 CFR Part 1926.21 29 CFR Part 1926.23 29 CFR Part 1926.24 29 CFR Part 1926.25 29 CFR Part 1926.28 29 CFR Part 1926.59 29 CFR Part 1926.103 29 CFR Part 1926.451 29 CFR Part 1926.500 Exposure Monitoring/Medical Surveillance Recordkeeping Respiratory Protection General Safety and Health Provisions Safety Training and Education First Aid Fire Protection Housekeeping Personal Protective Equipment Hazard Communication Respiratory Protection Scaffolding Fall Protection U.S. Department of Transportation (DOT): 49 CFR Parts 171 and 172 USEPA: 40 CFR Parts 260, 261, 262, 263, and 264 Hazardous Substances Transportation Resource Conservation and Recovery Act (RCRA) U.S. Department of Housing and Urban Development (HUD): 24 CFR Parts 35, 905, Lead -Based Paint Hazard Elimination; Interim Rule 941, 965, and 968 2.2.8 Visual Clearance Upon completion of paint removal and surface preparation activities, the Owner/Owners representative will perform a thorough visual inspection. This visual inspection will confirm that all loose paint has been removed from the surfaces and visible paint from the soil, and that all surfaces shall be free of visible dust. In addition all surfaces must be smooth and ready for repainting. Any areas which exceed these visual clearance criteria will require supplemental removal and/or surface preparation work at no additional cost to the Owner. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 12 _Aftwawi Environmental Scientists and Engineers, LLC 3 SCHEDULE Contractor is not authorized to apply for the asbestos abatement permits prior to being issued the notice of award from the City of Fort Collins (Owner) and does so at their own risk. It is understood that there is a ten day waiting period after applying for a permit. Contractor will apply for an asbestos abatement permit within two working days of issuance of notice of award. Mobilization and lead removal activities may begin during the ten day waiting period. The Contractor will mobilize no later than the tenth day of the permit waiting period and will commence abatement work within twenty-four hours of the end of the permit waiting period. This project shall be completed within ten working days from the effective date of the permit. If the Contractor neglects to complete the contract in the time specified, the Owner shall be entitled to liquidated damages including, but not limited to, the cost of the air monitoring consultant being on -site to monitor conditions at the SITE and including any cost incurred for the delay of work being performed by additional contractors plus $300 until project completion is attained. These amounts will be deducted from the Contractors payment at the conclusion of the project 4 PROJECT COORDINATION The Contractors estimate should allow provisions for coordination, which shall include informal meetings with Owner/Owners representative such as the following: ■ Inspect areas in which work will be performed, prior to commencement of work. Prepare a listing of damage to structure, surfaces, and equipment or of surrounding properties, which could be misconstrued as damage resulting from the work. Obtain digital photographs or video of existing conditions as necessary to document conditions. Submit to Owner for recording purposes prior to starting work. ■ Attend informal conference to be convened by the Owner prior to start of any work. The conference will be scheduled before start of work, at a time convenient to the Owner, but no later than the day of the start of the project. Meet at the SITE, or as otherwise directed. Authorized Owner/Owners representatives will be in attendance. An authorized representative of the Contractor and its project supervisor and other concerned parties shall attend the conference. All participants at the conference shall be familiar with the projects scope and authorized to conclude matters relating to the work. ■ Before requesting final inspection for certification of final acceptance and final payment, a project punch list must be completed and accepted by Owner. The punch list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Owner/Owners representative. 5 INSURANCE The Contractors estimate shall include provisions for Comprehensive General Public Liability and Property Damage Insurance, Worker's Compensation Insurance, and Comprehensive Automobile Liability and Property Damage Insurance to be specified in the Owners general condition contract 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 13 AILWaWi Environmental Scientists and Engineers, LLC documents, at his/her own expense, during the life of this contract. This insurance shall include a provision preventing cancellation without ninety days prior notice by certified mail and shall state whether the coverage is 'claims made" or 'occurrence made." The Contractor shall obtain "occurrence made" insurance and must not contain any pollution exclusion provisions. A completed Certificate of Insurance shall be filed with the owner within ten days after the date of the notice of award, said Certificate to specifically state the inclusion of the coverage and provisions set forth in the contract. 6 QUALIFICATIONS AND LIMITATIONS WALSH prepared this Work Plan in a manner consistent with current professional practices. It is possible that additional reports or investigations could alter the conclusions of this document. Procedures are prepared for use by the Contractor, but do not limit the Contractor from performing its work according to any regulations not included in this document. This Work Plan is intended for use only by the client or its designees. Any future use of this report by anyone other than the client or its designees will require written authorization by WALSH. 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc 14 AIL al4i Environmental Scientists and Engineers, LLC APPENDIX A FIGURES 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc ® OT01- WHITE FINISHING MUD � MA-02 BLACK PLIABLE PANEL IF II Ftuvi ON FIBERBOARD ADHESIVE ACM TmoB eons Removed ® SVF03- YELLOW & CREAM MOTTLED SHEET FLOORING &&Wall Bobcat Envi'onm ml Samusm and EngineeM LLC lliP.CADl5396-d' Natural Area - Residence I a4 it County, Colorado Apprx. Scale ro IDnto6/Z9/% IDrdn BY' Mike Matiorvl a Roof ACM To Be Removed NMI Revlsiown RSL01- BLACK TAR ROOF SEALANT s 12 oil I 041 1 r= MW�i Bobcat Ridge Natural Area - Residence i nat 6M/06 Brown BY' Mike MoUor Ladmer County, Colorado Ap rx. Scale P'�O� NtLM%- 0 �""`' By, Environmmbl Scirntists and En@neers. LLC U.WCAOG53396.01 Pp - F4w"a 3 shewtb 1 Of t neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. All goods supplied to the City shall be of the grade and quality specified hereunder, or, if not specified, of the most suitable grade and quality of their respective kinds for their intended use. G. Service Provider warrants all goods, provided under this Agreement, except City - furnished goods, against defects and nonconformances in grade for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected good shall be replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and rev 09/01/06 3 201 200 202 Second Floor ® OTO1- WHITE FINISHING MUD No.1 ACM Revishmm To Be Removed ON FIBERBOARD �� Bobcat Ridge Natural Area - Residence i i DQtV6/29/06 >kn■^ Br Mike Mnllor Larimer County, Colorado s q P''O� NM��0 Chocked ky" EnvuonroenW Scirnusts and Engineers, LI.0 U:WCADWN3 010%5396-=. PPrX. Scale tea» 2 1ofl � LBP TO BE PREPPED FOR REPAINTING LBP To BE REMOVED AgWa I Bobcat Ridge Natural Area - Residence E� i s�;m� wd Engfn , uc Larlmer County, Colorado erencaoc_mmtooRmn .e... b I Apprx. Scale lDn4o6/e9/06 IDrawn Rr Mike MatiorvI WhWi Environmental Scientists and Engineers, LLC APPENDIX B LEAD -BASED PAINT SCREENING TABLE 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc &WWL4 l Environmental Scientists and Engineers, LLC Lead -Based Paint Screening Results Bobcat Ridge Natural Area Residential and Out -building Structures 8281 West County Road 32 C, Larimer County, Colorado Visible Number of SXRF Range Lead - Location Component Type Color Readings mg/cm2 Based Comments Paint Residence North, East, and West Walls, White 5 -0.19 to 6.82 Yes Exterior South Window Frame Residence LBP is likely white Exterior South and West Wall Red 3 -0.35 to 2.20 Yes paint on original siding Storage Shed North and South Wall Red 3 0.32 to 0.56 No Exterior Storage Shed Door Red 1 1.52 Yes Exterior Residence Exterior South Well Trim White 3 0.12 to 4.58 Yes Residence Interior, First Wall, Door, Door Trim, White 6 -0.33 to 0.90 No Floor Ceiling Residence Interior, First Window Trim, Doors Beige 7 -0.94 to 0.08 No Floor Residence Previously on Interior, Siding White 1 . 637 Yes Exterior of residence. Stairway to Now enclosed by Basement addition. Residence Interior, Paneling Beige 4 -0.46 to 0.26 No Second Floor 6/29/2006 Bobcat Ridge Natural Area Work Plan.doc AM 1:� ir;;l r prat ec�tiiet� xt�l i'�1 [itsc'r LUa )ay i" ,ulldcr, Collyofr: ij, 6T 4.t7d ,h YSf`SAd4fl.. C,�I�i�a1.a� YlP>Isl,�a. ��lt arse3u €°a.rx Mier i IcP•f',W—k, i�tuEtt �:z6knilrsr EXHIBIT B BID # 6036 ASBESTOS AND LEAD -BASED PAINT ABATEMENT BID OPENING: March 1, 2007, 3:00p.m., (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR ASBESTOS ABATEMENT, LEAD -BASED PAINT REMOVAL AND PAINT SURFACE PREPERATION WORK PLAN PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS AND DRAWINGS: The City of Fort Collins' is requesting bids for the asbestos abatement, lead -based paint removal and surface preparation at Bobcat Ridge Natural Area located at 8281 West County Rd 32 C, Masonville, CO. Asbestos abatement and lead based paint containing materials must be removed in accordance with applicable Federal, State and local requirements, and Asbestos Abatement Work Plan. Project must be completed within 14 working days or as approved by the Project Manager. Contractor must enter into the attached Service Agreement and name the City of Fort Collins as an additional insured per Exhibit "B". A pre -bid meeting will be held February 16 at 10:00 a.m. at the site. If questions on these specifications, please call Steve White, Project Manager at 970-221- 6273 or e-mail swhIteCa1fcQov.00m. Purchasing questions should be referred to John Stephen, CPPO, CPPB, Senior Buyer at 970-221-6777 or e-mail istephen rye fogov.com. BID SCHEDULE Our firm will remove asbestos and lead -based paint (LBP) and perform surface preparation by competent persons trained, knowledgeable and qualified In the techniques of LBP removal, surface preparation, waste disposal and OSHA lead compliance. The Contractor must comply with all applicable federal, state, and local regulations and be capable of performing the work specified in the specifications. Lump Sum FIRM NAMEand A®odates, Tno. Are a Partnership, DBA, LLC, or PC SIGNATURE_ ADDRESS 14 Tress Ikive list sA a #F-124 _.... p7� PHONE/FAX# 303-791-55W303-791-57M rev 09/01/06 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement` "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 9 rev 09/01/06 MAR,12.2007_12:33PM FORSBERG ENGERMAN CO Acow- CERTIFICATE OF LIABILIT Forsberg Engerman Company 3575 S. sherman St. Englewood CO $0113 Phons.303-762-1717 Hudspeth & Associates Inc R2 Inc Attn: Robert Levitt 14 ITLverness Drive East #F-124 Englewood CO 80112-5637 NO. 931 P, 3/3DDIYY yr n. Y INSURANCE H7_0112tP7 HtJDSP-1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERA' Am riasA Intl SPW.1a1t9 LLee- INSURER B; Vinnacol Assurance INSURER 07 eaPla"rs Nstual QLatalty M INSURER D! INSURER E; :OVERAGES THE POLICIES Or INSURANCE LISTED BELOW HAVE BEEN ISSUED TD THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICAI ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTTI£S CERTIFICATE 1 MAY PERTAIN, THE INSURANCE AFKORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND POLICIES. AGGREGATE LIMITS 6NOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .YR NSRC TYPE OFINSURANCE POLICYNUMSER DA MMIODIYY DATE MNmomr GEN9RALLIABILITY A X qx;lOMollution MERCIAL GENERALLIASILITY PR03778909 12/17/06 12/17/07 CLAIMS MADE O OCCUR Liab PR037789139 12/17/06 12/171/07 GEN'LAWREGATE LIMITAPPLI£SPER X I POLICY 7 MRO- M LOC AUTOMONLE LIABILITY C X ANY AUTO 2ESS48608 02/04/07 02/04/08 ALL OWNED AUTOS SCHEDULED AUTOS Cr' X HIRED AUTOS C X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCEASIUMBRELLA LIAAIUTT OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND B EMPLOYERS•LIMUYY 4064674 01/01/07 01/01/08 ANY PROPRIETORMARTNERIMXECUTIVB OFFICEWMEMBER EXCLUOFEY? CjEpp I2ARS48608 1 09/04/071 02/04/09 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLN-SI WIGLII51ON5 ADDED BY CJIUURBEMENT I WFUTAL PROVURUNB City of Fort Collins Is named as an Additional Insured with respec General Liability coverage. '0. NOTWITHSTANDING AY BE ISSUED OR SONORKINS OF SUCH LIMITS EACH OCCURRENCE $6000000 PREMISES aeccwenae $100000 MED EXP(ArW one Peon) $25000 PERSONAL aADVINJURY 416000000 GENERAL AGGREGATE S 6000000 PRODUCTS - COMP/OP AGG $6000000 Prof Liab 6000000 COMBINED SINGLE LIMIT $1000000 (Ea awaenp BODILY INJURY S (Per Person) BOOILYINJURY S (Peraewem) PROPERTY DAMAGE S (Peravd0mg AUTO ONLY -EA ACCIDENT S OTHER THAN EAACC S s AUTO ONLY: AGO EACH OCCURRENCE S AGGREGATE S S S X TORYLIMDs I X I ER E.L. EACH ACCIDENT sl000000 E.L. DISEASE-EAEMPLOYEE S 1000000 E,L.DISEASE- POLICYLIMIr s1000-000 Limit $25500 Limit $345000 s to E HOLDER CANCELLATION CIT'FORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRArOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRrMN City of Fort Collins NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 215 X mason 5t, 2nd Floor IMPOSE NO COUGA71ON OR UABIUTY OF ANY KIND UPONTNE INSURER ITS AGENTS OR PO Box 580 Fort Collins CO 80522-0680 REPRESENTATIVES, 25 (20.01100) %, Granite Re, Inc. Payment Bond CONTRACTOR: SURETY: Hudspeth & Associates, Inc. Granite Re, Inc. 14 Inverness Drive East, F-124 14001 Quailbrook DriveOklahoma City, OK 73134 Englewood, CO 80112 LGAN0l" City of Fort Collins 215 N. Mason St., 2nd Floor, PO Box 580 Fort Collins, CO 80522-0580 CONSTRUCTION CONTRACT: Date: Amount: $16,547.00 Description: Project #6036, Asbestos and Lead Paint Abatement at Bobcat Ridge BOND: & 1A S'S rO4Ii ��i,� Bond#:GRC06831 ` •RF n`'•�ff�1'�� Date: March 15, 2007 ,441 C� ��'• Cr` Amount: $16,547.00 ILI CONTRACTOR AS PRINCIPAL%ti.... 0 O. 'cL�RETY granite Re, Inc. Signature: Signature: Name and T [le: Robert Levitt, President Name and Title: Heidi M. LysterJ orney-in-Fact 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: GR0392-21(021999) 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be GR0392-21(021999) costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such rev 09/01/06 4 deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: GR0392-21(021999) Signature:_ Name and Title: Granite Re, Inc. Performance Bond 141am"WiiKi1;; Hudspeth & Associates, Inc. 14 Inverness Drive East, F-124 Englewood, CO 80112 OWNER: City of Fort Collins 215 N. Mason St., 2nd Floor, PO Box 580 Fort Collins, CO 80522-0580 CONTRACT: Date: Amount: $16,547.00 Description: Project #6036, Asbestos and Lead Paint Abatement at Bobcat Ridge BOND: ``%puntOt11(1+1111 Bond#: GRC06831 Date: March 15, 2007 Amount: $16,547.00 SIE CONTRACTOR AS PRINCIPAL --SURETY / Q Granite Re Inc. OR *1111111111111110,4 Signature: ki —e� Name and TIT: Robert Levitt, President 04 3. GR0392-26(021999) SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Signature: Nand*Iameeidi M. Lyster torney-in-Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. It there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of The Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. GR0392.26(021999) S. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. it. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: GR0392-26(021999) SURETY Company: Signature: Name and Title: GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: CRAIG C. MOWERS; HEIDI M. LYSTER; GENEVA D. DAVIS, its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: CRAIG C. MOWERS; HEIDI M. LYSTER; GENEVA D. DAVIS, may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 9' day of February, 2005. SEAL R. Darryl Fishe ice President STATE OF OKLAHOMA ) �..� SS: / COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer On this 9' day of February, 2005, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/ Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: ter, May 9, 2008 S Notary Pu is Y rY Commission #: 00005708 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided; however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 15t h day of March , 20D3 . UZ) odman A. Frates, Secretary/Treasurer holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product .other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days 5 rev 09/01 /06 the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. PORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation '] c By: Jame B. 'Neill II, CPPO, FNIGP Direct f Purchasing and Risk Managemeni Date: .31 2 C> j �? Hudsp nd ociates, Inc. By: Lev � PRINT NAME Pre-siden+ CORPORATE PRESIDENT OR VICE PRESIDENT Date: 311 'j 101 (CorpokaPj§e%8,5"Itz , �RPORg9�'s SE�� sN� �_. ii�A .� . ORA . rev 09/01/06 EXHIBIT A rev 09/01/06 No Text it 0 1 zosiomom �j il I 11;L-31 iq k1d1l J ZM01 4:114 423, ZIA 111#10 ILTIN :4 21:J MX � CITY OF FORT COLLINS BOBCAT RIDGE NATURAL AREA 8281 WEST COUNTY ROAD 32 C LARIMER COUNTY, COLORADO .1 une 29, 2006 PTrpared for: Mr. Steve Whire Projw Manager City of Foil Collins Operations Services Depirtment P.OT30X '590 170ti Collins, Colorado 80522-0580 Prcparcd by: . ....... Mich P. Castd] Environmrntat Scientist Certified Asbestos Phmncr, Designer, Air Monitoring Specialist Rcvicwc,d Troy C`- Satidm, P.6, Branch ManagCT Ccrtificd A-sbcstos hispectmAlanagernew Platifter SubmimV fiv WAI.Sft ENVIRONMENTAI, SCIENTISTS AND ENGINEERS, LLC' 629 Roo inn Road. Suite 280 Fort (*oI It 11 q, O)l(w%do 905 1-6 Phow: (9"()) 2213.5655 lax (970t 223-S.577