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HomeMy WebLinkAbout309023 ESA INC - CONTRACT - CONTRACT - 18351 BID 5812 ASBESTOS ABATEMENT AT BROWNSERVICES 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 ESA, 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 nineteen (19) 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 within ten (10) days following execution of this Agreement. Services shall be completed no later than February 20, 2004. 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 SA 10/01 n. LLI. F. All nails/screws associated with the ACM material will be removed and disposed of as ACM waste. G. Clean the remaining substrate using a HEPA equipped vacuum. The staging area for equipment and personnel will be at the closest entrance to each work area or an area determined by the Owner. Security for any equipment and/or trucks left onsite is the responsibility of the Contractor. The Owner will not be responsible for theft or vandalism of Contractor's equipment left onsite. Project hours will be 7:00 A.M. to 5:00 P.M., Monday -Friday. If any work is to be completed outside these work hours, it must be approved in writing prior to being initiated and the Contractor shall bear the costs incurred by Owner/Owners representative as result of the additional labor of Owner/Owners representative. 5 INSPECTIONS BY OWNER/OWNERS REPRESENTATIVE A. 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/Owners representative, but, if in opinion of Owner/Owners representative, work is unsatisfactory, all cost and expenses of exposing, removing, re -testing, replacing, and restoring shall be borne by the Contractor. B. 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 re -testing of an area for clearance shall be at the Contractor's expense. C. All inspections shall take place during normal working hours. If inspections occur past normal working hours, the Contractor shall bear the costs incurred by Owner/Owners representative as result of the additional labor of Owner/Owners representative. D. Where the Owner/Owners representative has an on -site representative, the Contractor shall give the Owner/Owners representative two (2) hours advance notice of an impending inspection. Where the Owner/Owners representative does not have an onsite representative present, then a twenty-four (24) hour advance notice of impending inspection is required. E. 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. 8/28/2003 COFC Brown & Hazaleus Work Plan.doc 4 =Walsh Environmental Scientists and Engineers, LLC F. The Contractor must allow for a two (2) hour notice period before the re - inspection of the failed area may begin (this may be waived by Owner/Owners representative). Items of work requiring inspection sign -off by Owner/Owners representative are: 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. 2. 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. 3. Contractor shall request in writing required Owner/Owners representative inspections including the time and date of the requested inspection. G. 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 Owner/Owners representative to notify the Contractor of defective work shall not excuse Contractor for liability for such defective work. H. It will be necessary that the Contractor successfully confine fiber release to the designated work area and within the enclosure. 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. 8/28/2003 COFC Brown & Hazaleus Work Plan.doc A. Environmental Scientists and Engineers, LLC I. 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. J. The Owner/Owners representative will provide final visual inspection for all work areas and Work Area Clearance sampling for the work area. Samples exceeding 0.01 fibers per cubic centimeter (f/cc) will be deemed to lave failed, and must be re -cleaned and re -tested to avoid scheduling and cost implications associated with transmission electron microscopy (TEM) analysis. Contractor may, on the approval of the Owner/Owners representative, have failed clearance samples analyzed by TEM if it will not interfere with the project schedule. Cost for TEM analysis will be responsibility of the Contractor. 6 MAXIMUM ALLOWABLE ASBESTOS LEVEL (MAAL) Outside Work Area: If any air sample taken outside of the work area exceeds the CDPHE maximum allowable asbestos level (MAAL), 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. A. Maximum Allowable Asbestos Level Air monitoring shall be conducted during normal occupancy and samples shall not be collected in an aggressive manner. 2. Where PCM is used as the method of analysis the standard is 0.01 f/cc of air which is equivalent to 10,000 fibers per cubic meter of air (f/m3). The National Institute for Occupational Safety and Health (IIOSH) 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/mrn). TEM analysis shall be conducted pursuant to the protocol in 40 CFR Part 763, Appendix A to Subpart E (EPA 1995). 3. All air monitoring samples collected for MAAL and Clearance purposes shall be performed by the Owners representative who is independent of the abatement contractor to avoid possible conflict of interest. B. In the event that airborne fiber levels outside a work area exceed the MAAL when analyzed by PCM (and verified by TEM), the Contractor shall comply with CDPHE requirements for Major Asbestos Spills (Regulation 8 Section III.T.1). If the high 8/28/2003 COFC Brown & Hazaleus Work Plan.doc 6 reading was the result of a failure of work area isolation measures initiate the following actions: 1. 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. wall, ceiling, and floor). 2. Decontaminate the affected area. 3. Require that respiratory protection be worn in affected area until area is cleared for re -occupancy. 4. 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. 5. 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 changing at entry point to affected area. 6. After certification of visual inspection in the area, final clearance air samples will be taken within the area. C. 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. D. If the high reading was the result of other causes initiate corrective action as required by the Owner. 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 0.01 f/cc, and any subsequent cleaning and additional sampling costs regardless of TEM sample results. 7 SUBMITTALS Plan of Action 8/28/2003 COFC Brown & Hazaleus Work Plan.doc 7 WaWi Environmental Scientists and Engineers, LLC Prior to the start of work, the contractor shall prepare a brief plan of the procedures proposed for use in complying with the requiremerts of this work plan and all applicable regulations. Include in the plan the general locations and layouts of decontamination areas, 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 site. Expand upon the use of HEPA ventilation system (number and locations, including air exchange calculations), closing out of the buildings heating ventilation and air conditioning (HVAC) and electrical systems, and 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. Technical Submittals The Contractor shall submit all technical documentation as specified in this section using the list and schedule provided below. Pre -start Submittals Daily Submittals Contract Closeout (Minimum five days prior) (Two weeks after) Respiratory Protection Program Hazard Communication Program Medical Response Program General Abatement Certificate Insurance Certificate Workers Compensation Insurance Automotive Insurance Certification Performance and Payment Bonds (if required) List of Personnel Used Personnel Certifications Project Design (Plan of Action) Project Sequencing and Schedule Disposal Facility Information Daily Field Logs Daily Entry/Exit Sign -in Sheets Visitor Documentation Forms Event Condition Report 24-hour Manometer Chart OSHA Air Monitoring Results Accident Reports Photographs 8 PROJECT COORDINATION Disposal Manifests Owner's Final Inspection Change Orders Final Punch list Document 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 photographs or videotape existing conditions as necessary to document conditions. Submit to Owner for record purposes prior to starting work. 8/28/2003 COFC Brown & Hazaleus Work Plan.doc AkWalsh Environmental Scientists and Engineers, LLC Attend informal pre -construction conference to be convened by the Contractor prior to start of any work. The conference will be scheduled before start of construction, at a time convenient to the Owner, but no later than the day of the start of the project. Meet at the project 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. Owner/Owners representative will document the meeting and distribute meeting minutes no later than three (3) days after the meeting. 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. 9 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 as hereinafter specified, at his/her own expense, during the life of this contract. This insurance shall include a provision preventing cancellation without ninety (90) 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 whenever possible. A completed Certificate of Insurance shall be filed with the owner within ten (10) 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. 10 QUALIFICATIONS AND LIMITATIONS WALSH prepared this asbestos abatement work plan in a manner consistent with current professional practices. It is possible that additional reports or investigations could alter the conclusions of this assessment. 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 authorization by WALSH. 8/28/2003 COFC Brown & Hazaleus Work Plan.doc 9 ALWatQ 1. Environmental Scientists and Engineers, LLC 11 REFERENCES Colorado Department of Public Health and Environment, Regulation 8 - Emission Standards for Asbestos, March 2003 United States Environmental Protection Agency's Asbestos Hazard Emergency Response Act (AHERA), 1995, 40 CT R Part 763, Appendix A to Subpart E 8/28/2003 COFC Brown & Hazaleus Work Plan.doc 10 LWals l Environmental Scientists and Engineers, LLC APPENDIX A FIGURES ESRI QUOTATION TERMS AND CONDITIONS ESRI, 380 New Yak St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 All quotations are valid for ninety (90) days unless otherwise stated on the quotation form. These prices and terms are valid only for items purchased for use and delivery within the United States. This quotation information is proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute, Inc. (ESRI). To expedite your order, please reference the quotation number on your purchase order. ORDER PROCESS The order process is initiated when ESRI receives an original purchase order or some form of advance payment. Several additional documents (e.g., Software License Agreement, credit application, and Tax Exemption Certificate) will be required to complete the order process. Generally, the need for these documents varies by the type of software ordered, which is determined upon receipt of the purchase order (or advance payment). If delivery must be expedited, please contact your marketing representative for assistance. IMPORTANT! Collectively, these documents contain the authorizations and information necessary to ship proper versions of the software, on the correct media. Please return them promptly to avoid unnecessary delays in shipping. Please return all documents by mail or express courier, or as otherwise directed. Please show the following remittance address on your purchase order: ESRI, File No. 54630, Los Angeles, CA 90074-4630 ESRI SOFTWARE LICENSING All ESRI® software offered in this quotation are commercial off -the -shelf software developed at private expense and subject to ESRI commercial license terms. Most ESRI software programs are subject to the ESRI License Agreement included with the software programs and in the packaging. A copy is enclosed. If you license certain software programs, a Master License Agreement signed by both parties may be required. Some ESRI software is copy protected with a software keycode or hardware key. You will be given instructions to access the keycode through the ESRI Web site or by other means. DELIVERY FOB Redlands, CA, USA Software. Allow thirty (30) days from ESRI's receipt of purchase order, signed Software License Agreement(s), and other documents, as required. Hardware.- Manufacturer's terms apply. Lead times depend on make/models purchased Note: Standard delivery method is ground or two-day air for software and surface carrier for hardware. Actual delivery method may vary depending on weight. Other service is available for an additional fee (e.g., overnight delivery). PAYMENT TERMS Net thirty (30) days, on approved credit. Orders below $800 require prepayment by check or credit card unless your organization is a government agency, university, college, or Fortune 500 company. TAXES Prices quoted do not include applicable sales or use taxes unless so stated. In preparing your budget, please allow for applicable sales tax. ESRI reserves the right to collect sales tax assessed by states as required by law. ESRI will add state sales tax to the invoice unless proof with the order is shown to ESRI that your organization is tax exempt or pays state tax directly. ESRI is a trademark, registered trademark, or service mark of ESRI in the United States, the European Community, or certain other jurisdictions. aaa aaa aaa aaa aaa aaa aaa aaa aaa aas aaa aia i Y i♦♦ Y i i i Y i Y t t r i r Y Y Y Y Y t Y r i Y Y Y Y Y Y Y t t t r r r r t r r r r r r r r i t Y i i i i r i r Y i Y r Y Y r Y Y Y Y Y Y Y Y t t i r Y r r t r r t r r r r r r r r r r Y Y t i t Y t Y Y Y Y Y Y Y Y r♦ Y Y Y Y♦ Y r Y t Y Y Y Y t t i t t t} t f r t f r f r r r YY♦ i i♦♦ Y♦Y Yi i t i t i i ♦ Y Y Y ♦ Y Y i Y r YYY ♦ BASEMENT LEGEND WHITE FIBROUS DUCT TAPE ft*anmmtGl sib uA was, Ue BROWN PROPERTY am m scale 4116 EAST COUNTY ROAD 34 ACM TO BE REMOVED Job:5333-010Date:8/03 Figure: 2 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: ESA, Inc. 4970 Monaco Street, Unit A Commerce City, CO 80022 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 Seven Hundred Seventy-five Dollars ($16,775) Cost Breakdown is attached Exhibit "C". 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 SA 10/01 7 1 FIRST FLOOR LE GEND CERAMIC TILE ADHESIVE Bovlmnauatat sc6enuw .na leas. cLC BROWN PROPERTY to Scale 4116 EAST COUNTY ROAD 34 ACM TO BE REMOVED Job: 5333-010 Date.8/03 lFi7gum. 3 LEGEND PAPER FLUE INSULATION ® WHITE HEAVY SWIRLED WALL TEXTURE " WHITE LIGHT SWIRLED WALL TEXTURE ow20sc-� Asbestos Abatement Work Plan City of Fort Collins Brown and Hazaleus Properties Larimer County, Colorado WALSH Project Number: 5333-010 August 28, 2003 EXHIBIT B INSURANCE REQUIREMENTS 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: 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. EXHIBIT C Brown and Hazaleus Property Asbestos Abatement BID SCHEDULE Our firm will remove asbestos containing materials by competent persons trained, knowledgeable and qualified in the techniques of asbestos abatement. This includes the handling and disposal of asbestos -containing and asbestos -contaminated materials and the subsequent cleaning of contaminated areas. The Contractor must comply with all applicable federal, state, and local regulations and be capable of performing the work specified in the Asbestos Abatement Work Plan. City reserves the right to award on grand total or individually. BROWN PROPERTY HAZALEUS PROPERTY FIRM SIGNA a Lump Sum $ 7, 875.00 Lump Sum $10 ,12 5.00 GRAND TOTAL $ 16, 775.00 , DBA, LLC, or PC Mark A. Sampson,V Regional Manager ADDRESS 4970 Monaco Street, Unit A Commerce City, Colorado 80022 PHONEIFAX # 303.991 .1280 (ph) & 303.991 .1282 (fx ) Receipt of Addendum No. 1 by fax on 10/2/03 is acknowledged.** 5 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR JH REMED-1 DATE (MMIDD WVY) 12 08 03 PRODUCER Quinn Insurance, Inc. 11815 M Street, Suite #200 Omaha NE 68137-2232 Phone:402-891-1234 Fax:402-891-1252 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# INSURED ESA Inc PO box 1370 North Sioux City SD 57019 INSURER A: Amer. Intl. Spec. Lines Ins CO INSURERB: Commerce & Industry Ins Co INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMMIDD/YY EFFECTIVE POLICY MMI�D/YYON LIMITS GENERAL LIABILITY EACH OCCURRENCE $5000000 A X COMMERCIAL GENERAL LIABILITY PR09342189 12/01/03 12/01/04 PREMISES (Ea occurence) $50000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5000 PERSONAL &ADV INJURY $ 5000000 X Asbestos & Lead INCLUDES MLD a TEMNT Paint Abatement GENERAL AGGREGATE $ 5000000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s5000000 1-1 POLICY PRO LOC JECT Em Ben. 1000000 AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'LDIBILITY ANY PROPRIETORIPARTNERIEXECUTIVE WC00314654700 12/01/03 12/01/04 WC 'TT X TORY LIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 OFFICERIMEMBER EXCLUDED? tt yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Brown & Hazaleus Properties, 4112 E County Road 34E & 6123 S Shields Str, Fort Collins, CO CERTIFICATE HOLDER CANCELLATION FORTC-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fort Collins IMPOSE NO OBLIGATION OR LI TY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 215 North Mason Str, 2nd Floor REPRESENTATN_S. AUTHORIZED REP SENTATIVE Fort Collins CO 80524 Craig T AGORD 25 (2001/03) / — © ACORD CORPORATION 1988 CERTIFIED CORPORATE RESOLUTION I, D. Mike Mitchell , being duly elected Secretary or Assistant Secretary of ESA, Inc. of So. Dakota , a corporation organized and existing under and by virtue of the laws of the State of South Dakota (the Company"), do hereby certify that the following is a true and complete copy of a resolution duly adopted at a meeting of the board of directors of the Company, duly called and held on January 31 , 20 02 , at which a quorum was present and voting; that said resolution is still in full force and effect and has not been rescinded; and that said resolution is not in conflict with the Articles or By -Laws of the Company: BE IT RESOLVED THAT the following named agent(s): NAME TITLE Mark Sampson Regional Sales Manager is (are) granted full authority to act as agent(s) for the Company, to enter into contracts, whether written or oral, on behalf of the Company and do fully bind the Company in the performance of the terms of such contracts. The above named is(are) further authorized to take such actions and enter into such arrangements as are reasonably necessary to complete the intent of the contracts. IN WITNESS WHEREOF, I have hereunto set my hand and seal of this Company the 7th day of November , 2003. (SEAL) _ /, Secretary/Assistant Secretary 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) 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 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 SA 10/01 f3 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 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 B, 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. SA 10/01 0 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. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame )B.O'Neill II, CPPO, FNIGP Direc f Purchasing and Risk Management Date: v ESA, Inc. By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT?'.� Date: L �� i e LTST (Corporate Seal) CORP RATE SEC TARY . • 4 Ii. SA 10/01 10 EXHIBIT A TABLE OF CONTENTS 1 INTRODUCTION.........................................................................................................................................................1 2 SCOPE OF WORK.......................................................................................................................................................1 3 SCHEDULE....................................................................................................................................................................2 4 ASBESTOS ABATEMENT WORK PROCEDURES........................................................................................2 5 INSPECTIONS BY OWNER/OWNERS REPRESENTATIVE......................................................................4 6 MAXIMUM ALLOWABLE ASBESTOS LEVEL(MAAL).............................................................................6 7 SUBMITTALS................................................................................................................................................................7 8 PROJECT COORDINATION...................................................................................................................................8 9 INSURANCE..................................................................................................................................................................9 10 QUALIFICATIONS AND LIMITATIONS...........................................................................................................9 11 REFERENCES.................................................................,...........................................................................................10 LIST OF TABLES TABLE 1 ASBESTOS TO BE REMOVED LIST OF APPENDICES APPENDIX A FIGURES Figure 1 Brown Property -4112 East County Road 34, ACM To Be Removed Figure 2 Brown Property - 4116 East County Road 34, Basement, ACM To Be Removed Figure 3 Brown Property - 4116 East County Road 34, First Floor, ACM To Be Removed Figure 4 Hazaleus Property, ACM To Be Removed 1 8/27/03 COFC Brown & Hazaleus Work Plan.doc M. �a1s11 Environmental Scientists and Engineers, LLC ASBESTOS ABATEMENT WORK PLAN CITY OF FORT COLLINS BROWN AND HAZALEUS PROPERTIES LARIMER COUNTY, COLORADO 1 INTRODUCTION Walsh Environmental Scientists and Engineers, LLC (WALSH) conducted asbestos inspections on October 9 and 10, 2002 at the Brown property (4112 and 4116 East County Road 34) and on March 7 and 8, 2003 at the Hazaleus property (6123 South Shields Street) in Larimer County, Colorado. The scope of the inspections consisted of a visual assessment and collecting bulk samples of suspected asbestos containing materials (ACMs) in anticipation of the structures demolition The intent of this project is to remove these materials from the area prior to the demolition of the structures. 2 SCOPE OF WORK The work specified herein shall be the removal of asbestos containing building materials by competent persons trained, knowledgeable, and qualified in the techniques of asbestos abatement. This includes the handling and disposal of asbestos containing and asbestos contaminated materials 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 following table lists the locations, materials, and approximate quantities of asbestos containing building materials to be abated. TABLE 1 ASBESTOS TO BE REMOVED LOCATION* MATERIAL QUANTITY** Brown Property, Exterior of 4112 Gray cement board 1,550 SF Brown Property, Bathroom of 4112 Sheet vinyl flooring - white tile pattern with brown grout lines 40 SF Brown Property, Exterior of 4112 Window glazing 80 LF 8/28/2003 COFC Brown & Hazaleus Work Plan.doc WaWi Environmental Scientists and Engineers, LLC TABLE 1 ASUESTOS TO HE REMOVED Brown Property, Basement of 4116 White fibrous duct tape 40 SF Brown Property, Bathroom of 4116 Dark mustard yellow ceramic tile 120 SF adhesive Hazaleus Property, Center Bedroom White heavy swirled wall texture 554 SF Hazaleus Property, NE Bedroom, E Bathroom, Kitchen, Dining Room, White light swirled wall texture 2,275 SF Mechanical Room, and Hallway Hazaleus Property, Wall Heaters in Living room, Kitchen, and Bedrooms paper flue insulation 10 SF LF = Linear Feet, SF = Square Feet * Please see the attached drawing for locations * *The quantities identified herein are approximate and are for estimating purposes only U.S. Environmental Protection Agency (EPA) and State of Colorado regulations currently do not require the removal of materials found to contain less than or equal to 1% asbestos (Brown property - composite drywall, Hazaleus property - composite drywall and light gray window glazing) or the Category I non -friable materials (Brown property - 9"x9" floor tile - off white with brown streaks, Hazaleus property - 9"x9" floor tile - green black mastic, and black roofing sealant) prior to initiation of demolition activities. However, if these materials are to be disturbed during the abatement process the Contractor or sub -contractors must comply with all current U.S. Department of Labor — Occupational Safety and Health Administration PSHA) regulations and regulatory requirements. 3 SCHEDULE Contractor is not authorized to apply for the abatement permits prior to the notice to proceed and does so at their own risk. It is understood that there is a 10 (ten) day waiting period after applying for a permit. Contractor will apply for an abatement permit within 2 (two) working days of issuance of notice to proceed. Mobilization activities may begin during the ten (10) day waiting period. The Contractor will mobilize no later than the 10th day of the permit waiting period and will commence abatement work within 24 hours of the end of the permit waiting period. The asbestos abatement portion of this project shall be completed within fifteen (15) working days. 4 ASBESTOS ABATEMENT WORK PROCEDURES Several of the work areas contain friable asbestos containing material and must be addressed accordingly. Full containment controls are required for the removal of the ceramic the adhesive at the Brown property and the wall texture materials at the Hazaleus property. All of the remaining materials may be removed using component -removal methods under a secondary containment. The 8/28/2003 COFC Brown & Hazaleus Work Plan.doc 2 Am Environmental Scientists and Engineers, LLC 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 Number 8 (Regulation 8, March 2003) and all other applicable laws and regulations: A. Pre -clean and then construct and place critical barriers, impart a negative pressure differential between the work area and all surrounding areas, and put in place a fully operational decontamination unit contiguous with the work area (remote decontamination unit may be used for secondary containments). High efficiency particulate air (HEPA) exhaust will be to the outside of the buildings at all times. B. 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. C. Proceed with containment construction and establish a negative pressure differential of at least -0.030 inches of water (4020 inches of water for secondary containments). The containment must stand for a minimum of 2 hours with -0.030 inches of water negative pressure (4020 inches of water for 30 minutes for secondary containments) prior to the pre -abatement inspection being performed. After passing a pre -abatement visual inspection gross removal and final cleaning can commence. 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 gray cement board and window glazing at the Brown property may be removed using component non -friable removal techniques without establishing a containment. 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 Number 8 (Regulation 8) and all other applicable laws and regulations: A. Establish a work area using appropriate caution tape and signs. B. Remove all debris that may have fallen to the ground. C. Install a 6 mill (minimum) drop cloth below the work area that extends up the wall and a minimum of ten feet out from the wall. The drop cloth shall be attached to the wall using spray glue and duct tape and the outer edge secured using stakes or weighted objects. D. Wet the material prior to removal with amended water. E. Remove the material with minimal breakage. 8/28/2003 COFC Brown & Hazalcus Work Plan.doc 3