HomeMy WebLinkAbout432036 ENVIRONMENTAL DEMOLITIONS INC - CONTRACT - BID - 6063 ASBESTOS ABATEMENT AT SOAPSTONE RANCH HOUSE 311118SERVICES 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 Environmental Demolition, 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 for Soapstone Ranch Manager House attached hereto as Exhibit "A",
consisting of Nineteen (19) pages and incorporated herein by this reference
2 Contract Period This Agreement shall commence within five days of signing, and
shall continue in full force and effect until November 30, 2007, unless sooner terminated as herein
provided
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 the parties All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses
Mr Jun Miller
City of Fort Collins
August 3, 2007
Page 3 of 4
REGULATORY COMPLIANCE
ACM identified in this report is subject to the USEPA National Emissions Standards for
Hazardous Air Pollutants (NESHAP) and the CDPHE regulations In addition, ACM is subject
to OSHA standards for asbestos Materials containing a trace amount of asbestos may be subject
to OSHA regulations if air concentrations are at or above the permissible exposure limit (PEL) of
0 1 fibers per cubic centimeter (f/ce) or the excursion limit (EL) of 1 0 f/cc
LEAD -BASED PAINT SAMPLING METHODOLOGY AND FINDINGS
Exterior painted components that were reported to be impacted by the renovation of the
residences weie evaluated for the presence of lead -based paint (LBP) A total of four (4)
representative paint clop samples were collected and submitted to Reservoirs Environmental,
Inc for lead analysis by atormc absorption spectroscopy (AAS) The United States Department
of Housing and Urban Development (HUD) defines LBP as paint having a lead content of
greater than or equal to 0 5 percent using AAS analysis A table included in Attachment C of
this report provides a summary of the painted components sampled foi LBP at the site and the
lead results AAS analysis results identified no potentially impacted components that contained
lead above the HUD action level of 0 5 percent Laboratory test results for the paint chip
samples are also included in Attachment C It should be noted that while the paint sampled was
not classified as LBP, low but detectable concentrations of lead were present in select samples
The renovation contractor/personnel should be made aware of the presence and location of lead -
containing materials and comply with all current OSHA regulations for employee exposure to
lead
Additionally since lead has been identified in materials which will be disposed following
renovation, a waste determination must be performed on the material generated from the planned
renovation The USEPA maximum contaminant concentration (MCC) for lead is 5 0 milligrams
per liter (mg/L) All samples displaying a MCC greater than or equal to 5 0 mg/L for lead
exhibit the toxicity characteristic for this compound and require management as a hazardous
waste The typical analysis to determine contaminate concentration is Toxicity Characteristic
Leaching Procedure (TCLP) However, to evaluate the hazardous waste regulatory status of a
100 percent solid, a theoretical leachate concentration can be calculated using the reported total
constituent concentration of the component This calculation can be used in lieu of the TCLP
analysis The calculated theoretical leachate concentration is obtained by dividing the reported
total constituent concentration by twenty and then comparing the result to the appropriate MCC
for the contaminant Due to the low concentrations of lead reported in the paint samples, the
maximum theoretical leachate concentration of the components do not exceed the MCC for lead,
and therefore do not require management as a hazardous waste
RECOMMENDATIONS
Under renovation and/or demolition, any activity that directly impacts or disturbs ACM must
comply with requirements set forth in the Federal and State regulations and applicable OSHA
standards For renovation and/or demolition activities that impact ACM, all friable and non-
. C
hmirunmenul &wnngt and Fnpn"rti, i I(
w"
.m eadogy dnd en0roumead comFznny
Mr Jim Miller
City ofFort Collins
August 3, 2007
Page 4 of 4
friable ACM that will be rendered friable must be properly removed prior to renovation activities
in accordance with applicable regulations The renovation contractor/personnel should be made
aware of the presence and location of lead -containing materials and comply with all current
OSHA regulations tot employee exposure to lead
LIMITATIONS
WALSH performed these services in a manner consistent with the level of care and expertise
exercised by members of the asbestos inspection and LBP assessment profession WALSH does
not imply or guarantee that every potential asbestos -containing material or LBP on or in the
structures has been identified or sampled because the inspection was limited in scope
Historically, asbestos has been added as a component to over three thousand materials and
products produced in the United States In addition, LBP was used for many years as a key
ingredient in commercially available paints and coatings The inspection was intended to
identify those accessible materials that were reasonably suspect and that were most likely to
contain asbestos/LBP in quantities subject to regulation, based on existing industry and
regulatory standards
If you have any questions or comments regarding the information presented in this report, please
contact us at (970) 223-5655
Sincerely,
WALSH ENVIRONMENTAL SCIENTISTS AND ENGINEERS, LLC
Michael P Castell
Environmental Scientist
Attachments
NN ahsli
Troy C Sanders, PG, CHMM
Branch Manager
,ui wolopy uu() environment urmlmny
ATTACHMENT A
ASBESTOS BULK SAMPLING INFORMATION TABLE,
LABORATORY RESULTS, AND CHAIN -OF -CUSTODY FORM
` W'441I
L^muonmenWt Sr,iouhus aial S n leers, t 7 L
on nenlMv and ea0ronmerif-ompmny
Asbestos Bulk Sampling Information and Analytical Results
Soapstone Prairie Natural Area, Unincorporated Larimer County, Colorado
Sample
Suspect Material
Room/Area
Type
Friability
Analytical Result
Number'
(Percent and Type
of Asbestos
C601-01
Exterior of"Ranch
Category It
Gray cement board siding
Manager"
Miscellaneous
Non -friable
o
10 /o Chrysotile
residence
CB02-01
Exterior of
"Summer
Category II
Gray cement board siding
Home"
Miscellaneous
Non -friable
o
10 /o Chrysottle
residence
RS01-01
Black roof sealant
Roof of "Summer
Miscellaneous
Category 1
15% Chrysotile
Home" residence
Non -friable
RSG01-01
White roofing shingle and black
Roof of "Summer
Miscellaneous
I
Category II
NAD
tar paper
Home" residence
Non -friable
' All sample numbers were assigned a prefix of "7321010"
NAD = No Asbestos Detected
r,
...........
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Rr=1 LAB Re-qervolfr-q Environmental, Inc.
July 25, 2007 Laboratory Code RES
Subcontract Number NA
Laboratory Report RES 141872-1
Protect Description 7321-010
City of Ft Collins -
Mike Castell Soapstone
Walsh Environmental - (F C )
2629 Redwing Rd , Suite 280
Ft Collins CO 80526
Dear Customer,
Reservoirs Environmental, Inc is an analytical laboratory accredited for the analysis of industrial Hygiene
and Environmental matrices by the National Voluntary Laboratory Accreditation Program (NVLAP), Lab
Code # 101896 and the American Industrial Hygiene Association (AIHA), Lab ID 101533 - Accreditation
Certificate #480 This laboratory is currently proficient in both Proficiency Testing and PAT programs
respectively
Reservoirs Environmental, Inc has analyzed the following samples for asbestos content as per your
request The analysis has been completed in general ,accordance with the appropriate methodology as
stated in the attached analysis table The results have been submitted to your office
RES 141872-1 is the job number assigned to this study This report is considered highly confidential
and the sole property of the customer Reservoirs Environmental, Inc will not discuss any part of this study
with personnel other than those of the client The results descnbed in this report only apply to the samples
analyzed This report must not be used to claim endorsement of products or analytical results by NVLAP or
any agency of the U S Government This report shall not be reproduced except in full, without written
approval from Reservoirs Environmental, Inc Samples will be disposed of after sixty days unless longer
storage is requested If you have any questions about this report, please feel free to call 303-964-1986
Sincerely,
Jeanne Spencer Orr
President
Analyst(s)
Paul D LoScalzo Wenlong Liu
Paul F Knappe Rich Wegrzyn
Michael Scales
P 303-964-1986 5801 Logan Street, Suite 100 Denver, CO 80216 1-866-RESI-ENV
F 303-477-4275 www retlab com
Page 1 of 2
RESERVOIRS ENVIRONMENTAL, INC.
NVLAP Accredited Laboratory # 101896
TDH Licensed Laboratory # 30-0136
TABLE PLM BULK ANALYSIS, PERCENTAGE COMPOSITION BY VOLUME
RES Job Number
Client
Client Project Number / P O
Client Project Description
Date Samples Received
Analysis Type
Turnaround
Date Analyzed
RES 141872-1
Walsh Environmental - IF C.)
7321-010
City of Ft. Collins - Soapstone
July 18, 2007
PLM, Short Report
3-5 Day
July 24, 2007
Page 2 of 2
Analyst PFK
lent
Lab
L",Asbestos{Gontent
+
on
on -
Sample
ID Number
A
Sub
Asbestos
Fibrous
Number
Y
Physical
Part
j
Fibrous
Components
E
Description
(%)
Mineral ;
Visual
omponents
(%)
R
I
Estimatel%
(%)
7321010-CB01-01
EM
161559
A
Gray transite board w/ white paint
100
Chrysotile
10
0
90
7321010-CB02-01
EM
161560
A
Gray transite board w/ green paint
100
Chrysotile
10
0
90
7321010-RS01-01
Eivi
161561
I A
Black tar
100
Chrysotile
15
0
851
732Mu-RSG01-0i
Eiv
161561
`A
Black tar paper
20
ND
901
101
B
Multi -colored shingle
80
ND
50
50
ND = None Detected
TR = Trace, < 1 % Visual Estimate Trer Act = Tremolite-Actnolite
Data QA
s
Due Date-t�`--'
Due Time. hi"? RM Rene voirw Ety! ,tea �a� �,. Inc.
seal Loom st OMPlnr, co eom • Fai aaaaeataRR-FmiRt18-I?7�tT75 . Ftigl i"as •&&R R:-at•EtFt
SUMMED BY: MVOICE TO: 11F•D1FFf4zFp 1, �
of Fort
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Sample cortCitfw� On tce
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Laboratory Use Only
Renewed BY:
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- Time Inaials
ATTACHMENT B
CONSULTANT CERTIFICATIONS
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an urology and enYfrnnnleni anmpany
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ASBESTOS
CERTIFICATION*
Colorado Department of I'ublic I-Ic.ilih
and Em it onment
Air Pollution Controt Division
This certifies that
Michael Phillip Castell
Certification No: •4210
has met the requirements of 25-7-507, C It S and An Quality Control
Commission Regulation No 8, Part B, and is hereby certified b} the
state o1'Colorado in the following discipline
I uspector/Manageme tit Planner*
Issued: 11 /9/2006
Expo es on. 11 /9/2007 �\
�7 t
Ch1-th
AuOiorire 1 QPGL �i�prey�nt~�t've
I,( erlificale t, valid will, n tlG a carv! ar l7nnma•uppro ud trwareg nr«r!r
certrJeeaI'ma m the dnupliee yeojted ahoy!
bfAL
x
051
14367 Lakeview Lane, Broomfield Colorado 80020
Tel 303 424 4647
Fax 303 432,8669
CERTIFIES THAT
Has successfully completed
The EP A-AYprvved AHERA Annual Refresher Course for
INSPECTORMANAGEMENT PLANNER This course is EPA -approved under
Section 206 of the Toxic Substances Control Act (TSCA) and meets the requirements of
Colorado Regulation No 8 io
Course date 917/06 N
Exam Date_ N/A _---
Certificate No. AE06-046-BUMP-03 7 `/
Expiration [Date 917107 K. Jay Gal P iderst x
City: Service Provider:
City of Fort Collins Environmental Demolition, Inc
Attn Purchasing Attn Sean Helton
PO Box 580 321 West 45" Avenue
Fort Collins, CO 80522 Denver, CO 80216
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 In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of Three Thousand Five
Hundred Seventy Five Dollars ($3,575 00)
6 City Representative The Citywill designate, prior to commencement of thework, 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 othertaxes 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 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
No Text
ATTACHMENT C
LEAD -BASED PAINT INFORMATION TABLE, LABORATORY
RESULTS, AND CHAIN -OF -CUSTODY FORM
`NaLslI
do omlugy and cnvimnmenl cnmpxny
Lead -Based Paint Sampling Information and Analytical Results
Soapstone Prairie Natural Area, Unlncorpotated Larimer County, Colorado
Calculated
Sample
Component
Visible
Lead
Lead -Based
Theoretical
Number'
Type
Color
Colo
Concert trahon
paint
Leachate
Comments
(/o)
Concentration
m /L
PAINT-01
Door
Blue
BDL
No
NA
"Ranch Manager'
residence
PAINT-02
Window Frame
Blue
0 011
No
00006
"Ranch Manager"
residence
PAINT-03
Siding
White
BDL
No
NA
"Ranch Manager'
residence
PAINT-04
Siding
Green
0 016
No
00008
"Summer Home"
residence
All sample numbers were assigned a prefix of "73210102
BDL = Below Detection Limit
mg/L = Milligrams per liter
NA = Not Applicable
jat"'W'sh
On eminpy and environment u,mpany
WA k
K-Ir". !{"''"-
July 25, 2007
Mike Castell
Walsh Environmental - (F C )
2629 Redwing Rd , Suite 280
Ft Collins CO 80526
Dear Customer,
Laboratory Code
Subcontract Number
Laboratory Report
Project Description
RES
NA
RES 141873-1
7321-010
City of Ft Collins -
Soapstone
Reservoirs Environmental, Inc is an analytical laboratory accredited for the analysis of Industrial Hygiene and
Environmental matrices by the American Industrial Hygiene Associaton, Lab ID 101533 - Accreditation Certificate #480
The laboratory is currently proficient in both PAT & ELPAT programs respectively
Reservoirs has analyzed the following sample(s) using Atomic Absorption Spectroscopy (AAS) / Atomic Emission
Spectroscopy - Inductively Coupled Plasma (AES-ICP) per your request The analysis has been completed in general
accordance with the appropriate methodology as stated in the analysis table Results have been sent to your office
RES 141873-1 is the fob number assigned to this study This report is considered highly confidential and the sole
property of the customer Reservoirs Environmental, Inc will not discuss any part of this study with personnel other than
those authorized by the client The results described in this report only apply to the samples analyzed This report shall
not be reproduced except in full, without written approval from Reservoirs Environmental, Inc Samples will be disposed
of after sixty days unless longer storage is requested If you should have any questions about this report, please feel
free to call me at 303-964-1986
Sincerely,
Jeanne Spencer Orr
President
P 303-964-1986 5801 Logan Street, Suite 100 Denver, CO 80216
F 303-477-4275
Page 1 of 2
1-866-RESI-EN V
www reilab com
RESERVOIRS ENVIRONMENTAL, INC.
NVLAP Accredited Laboratory 4101896
A114A Certificate of Accredidation #480 LAB ID 101533
TABLE ANALYSIS
RES Job Number
Client
Client Project Number / P O
Client Project Description
Dale Samples Received
Analyst% Type
Turnaround
Date Samples Analyzed
LEAD IN PAINT
RES 141873-1
Walsh Environmental - (F C )
7321-010
City of Ft Colhns - Soapstone
July 19, 2007
USEPA SW846 3050B / AA (7420)
3-5 Day
July 22, 2007
Client
Lab
Detection
LEAD
ID Number
ID Number
Limit
CONCENTRATION
7321010-PAINT-01
EM
161563
0 005
BDL
7321010-PAINT-02
EM
161564
0 004
0 011
7321010-PAINT-03
EM
161565
0 004
BDL
7321010-PAINT-04
EM
161566
0 008
0 016
* Unless otherwise noted all quality control samples performed within specifications
established by the laboratory.
BDL = Below Detection Limit Page 2 of 2 Data Oa
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2529 Redmng Road Suits 280
970-223-%55
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Rnviromuernal ScienL%is and Engnraen, LLC
Corpurale Headquarter% Buulder Colorado
Grand Junction, Colurado
Colorado Sprinp, Colorado
Port C.'ollin%. Colorado
Quitu, Ecuador
Lima Pew
['/91c3`i]
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
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
Workers' Compensation insurance with statutory limits as required by
Colorado law
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
From Jess Pultorak At Forsberg Engerman Company FaxID 303-762-1733 To EnAronrnental Demokbon Inc Date 11/162007 0921 AM Page 2 of 2
ACORD CERTIFICATE OF LIABILITY INSURANCE OF ID °AM MMIDDIYYY0
ENVIR-1 11/16/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Forsberg Engerman Company HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3575 S Sherman St ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Englewood CO 80113
Phone 303-762-1717 INSURERS AFFORDING COVERAGE NAIC#
Environmental Demolition Inc
321 West 45th Avenue
Denver CO 80216-2616
COVERAGES
INSURER a.erican Int'I specialty Linea
INSURERS Pinnacol Assurance
INSURER EMC Insurance Companies
INSURER D
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE RISLPED NAMED ABOVE FOR THE POLICY PERICO INDICATED NOTNIMSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICII THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN 111E INSURANCE AFFORDED By THE POLICIES DCSCRIBED HEREIN IS SUBJECT TO ALL ME TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHORN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
ATE (MMID M)
DATE IMMIDDMT
PO
DATE 77FR TIO
LIMITS
EACH OCCURRENCE
$ 15000000
GENERAL LIABILITY
A
X
11 COML�ERCIAL GENERAL LIABILITY
PROP4761931
11/15/07
05/27/08
PREMISES (Ea« eme)
$ 100000
CLAIMS MADE OCCUR
MILE EXP(A,1 one person)
i 10000
X Pollution
PERSONAL B ADV INXRV
$ 15000000
X
XCU Included
GENERAL AGGREGATE
$ 15000000
GENIE AGGREGATE LIMIT APPLIES PER
PRODUCTS COMPIOP AGO
$ 15000000
X POLICY PRU
ECT LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$ 1000000
C
X
ANY AUTO
3ES446608
05/27/07
05/27/08
fEe e<aoentl
BODILY INJURY
E
ALL Ow1e D AUMOs
SCHEDLRED AUTOB
(Px person)
BODILY INJURY
$
C
X
HIRED AUTOS
C
X
NONOWfiED AUTOS
(Paf eca0ert)
PROPERTY DAMAGE
$
(Per xaEert)
GARAGE LIABILNY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
$
MY AUTO .
$
AUTO ONLY ADD
EXCESSNMBRELLA LIABILITY
EACH OCCURRENCE
E
OCCUR ❑CLAIMS MADE
AGGREGATE
$
$
E
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
X TORY LIMITS X ER
B
EMPLOYERS LIABILITY
4029650
06/01/07
06/01/08
EL FACH ACCIDENT
$ 1000000
ANY PROPRIETOPPPARTNEPF ECUTIVE
EL DISEASE EA EMPLOYEE
Is 1000000
OFFICEWMEABER EXCLUDED?
II yes desI,ri viler
SPECIAL PROVISIONS bebw
EL DISEASE POLICY LIMIT
$ 1000000
OTHER
C
Sheduled Equipment
3C5446608 (DED $500)
05/27/07
05/27/08
Limit $304387
C
Leased/Rented
3CS446608 (DED $500)
05/27/07
05/27/08
Limit $25000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEWCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project Soapstne Ranch 3700 soapstone Ranch Road, Wellington CO
City of Fort Collins is named as an Additoinal Insured with respect to
General Liability coverage
CERTIFICATE HOLDER CANCELLATION
City of Fort Collins
Building & zoning Dept
P O Box 580
281 N College Avenue
Ft Collins CO 80522-0580
CITYFTC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF THE ISSUING INSURER WALL ENDEAVOR TO MAM. 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER US AGENTS OR
REPRESENTATIVES
m ACORD
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) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship 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 item or part thereof shall be redesigned, repaired or 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 fad 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 often (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 parry for the non -defaulting party's reasonable attorney fees and 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
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 confirm the employment eligibility of all newly hired
employees
b Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts 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 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
CITY OF FORT COLLINS, COLORADO
a mu n ipal corpoort
By (/J\
Jame O'Neill ll, CPPO, FNIGP
DirectW of Purchasing and Risk Management
Date 11 /-7C(D
Enviornmenfal Demolition. Inc
M
;ESIDE
Date
T 8
CORPORATE SECRETARY
y
Y 1
' rr
JI fi `!
i3r� �1
OR VICE PRESIDENT
EXHIBIT "R,
Scope of SaNjces
t3nruarau ntal Sueou�[s. a�,t! )-nPuteets, i 1 t
AIS GCf3fli�+} :3AY} G119111g1fl1CRi by➢l]Qil'a
August 3, 2007
Mr Jim Millet
City of Fort Collins
Natural Resources Department- Natural Areas
1745 Hoffman Mill Road
PO Box 580
Fort Collins, Colorado 80522-0580
Subject: Renovation Specific Asbestos and Lead Sampling Report
Soapstone Prairie Natural Area
Untneorporated Larinter County, Colorado
WALSHProject No. 732I-010
INTRODUCTION
Walsh Environmental Scientists and Engineers, LLC (WALSH) was contracted to perform a
renovation specific inspection for asbestos and lead -based paint at two residences located at the
Soapstone Prairie Natural Area in unincorporated Lanmer County, Colorado The inspection
was limited in scope and purpose and was conducted to assess materials that will be disturbed
during planned renovations of the exterior of the residences The field work was conducted on
July 17, 2007 The scope of work of the inspection consisted of performing a visual assessment
and collecting bulk samples of suspect asbestos -containing building materials, assessing painted
surfaces and collecting representative paint samples, coordinating laboratory analysis of the
samples, and limited reporting
ASBESTOS SAMPLING METHODOLOGY
The collection of bulk asbestos samples was performed by Asbestos Hazard Emergency
Response Act (AHERA) and State of Colorado accredited building inspector
WALSH collected bulk samples of suspect materials in a random and representative maimer, as
determined by the inspector Samples were collected by obtaining a portion of the material
which included all layers within the suspect material Each sample was collected using hand
tools such as a razor knife, or a screwdriver or pliers, and then immediately placed within a
sealed sampling container and labeled with a unique identification number Each suspect
material was identified and catalogued on field sampling worksheets, the primary working
document Upon completion of collection of samples, the numerical identification information
i art CiAlmh Oflhw 2{24 Ru king ftuad * Salle 281) Foil Colima, Cot. t ado A)O N 2F79 • Phrmo (Wl)) 2Zt,c6�5 - FAX (M) 2248577
('it, ixamw Ofliu. 4988 Pearl i' w f irde • Sint, 148 • Boulder, (.olol n9,) - • P=iu t; 1103) 441,3282 • I AX (301) 11k 016I
Mr Jam Miller
City ofFort Collins
August 3, 2007
Page 2 of 4
was transcribed to a chain -of -custody document to accompany samples during transport to the
laboratory
The bulk samples were submitted for analyses to Reservoirs Environmental, Inc a National
Voluntary Lab Accreditation Program (NVLAP) accredited laboratory Analysis of the bulk
samples was performed using polarized light microscopy (PLM) using procedures developed by
McCrone Reseaieh Institute and in compliance with the guidelines established by the United
States Environmental Protection Agency (USEPA) (USEPA-600/M4-82-020, 1982) to determine
asbestos type and content The PLM analytical results are reported as percent asbestos by
weight Percent asbestos for separate layers and total for the sample are delineated in the
laboratory report Unused portions of samples are arcluved for six months unless the client
requests special handling
ASBESTOS FINDINGS
Four (4) samples were collected from four (4) suspect building materials identified in the areas
of the residences scheduled for renovation Samples were submitted to the accredited laboratory
for PLM analysis A total of four (4) samples were analyzed by PLM analysis The USEPA,
Colorado Department of Public Health and Environment (CDPHE), and United States
Department of Labor -Occupational Safety and Health Administration (OSHA) define asbestos -
containing material (ACM) as a material containing more than one percent asbestos or a material
that is assumed to contain asbestos Three (3) samples from three (3) suspect building materials
were found to contain greater than one percent asbestos The following table summarizes
information regarding the confirmed ACM found as a result of the inspection
Table,1. Confirmed ACM
Soapstone Prairie Natural Area, Unincorporated Larimer County, Colorado
Mater`laf,l8eni�i(y�atlon,Cocle'- "'
`•PM�>en,al',_L'3g`;atlon,"�"`,`°
;yj"F'roaprlitp-
"'F'grce"rft��ea�;
`jSf c ptlon
-
O$t'�
CB01 — Gray cement board siding
Exterior of "Ranch Manager"
Category II
10% Chrysotde
residence
Non -friable
C602 — Gray cement board siding
Exterior of "Summer Home'
Category II
10% Chryso4le
residence
Non -friable
RS01 — Black roof sealant
Roof of "Summer Home'
Category 1
residence
Non -friable
15% Chrysotile
A summary table and copy of the laboratory results, and a copy of the chain -of -custody
documentation for the bulk asbestos samples are included in Attachment A Consultant
certifications are included in Attachment B
Atals
hmirenmental sun im,ls and tin nerr,., I 1 C
an ecology and eavlwtnnrent company