HomeMy WebLinkAbout309023 ESA INC - CONTRACT - BID - 5812 ASBESTOS ABATEMENT AT BROWN AND HAZALEUSSERVICES 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
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Environmental Scientists and Engineers, LLC
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 bome 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
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.
aiZaituus cvrc Grown & Hazaleus Work Plan.doc 5
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 hive 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 (Fir?).
The 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/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:
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
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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 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
and
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
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 C.F.R Part 763, Appendix A to Subpart E
8/28/2003 COFC Brown & Hazaleus Work Plan.doc 10
APPENDIX A
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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
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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
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.
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 $ 71875.00
Lump Sum $10 9125 .00
GRAND TOTAL $ 16, 775.00
DBA, LLC, or PC
Mark A. Sampson,VRegional 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 ,7H DATE(MM/DDIYYYY)
PRODUCER REMED-1 12 08 03
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Quinn Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
11815 M Street, Suite #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
O h
ma a NE 68137-2232
Phone:402-891-1234 Fax:402-891-1252
ESA Inc
PO fox 1370
North Sioux City SD 57019
rnvonwr_ec
INSURERS AFFORDING COVERAGE
INSURER A: Amer. Intl. S E
INSURER B: Commerce & Indu
INSURER C
INSURER D:
INSURER E:
NAIC #
Lines Ins Co
y Ins Co
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
POLICY
TCY EFFECTIVE—
FFECY VE
DA7EY MAUDD/YYON
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
Asbestos & Lead
PR09342189
INCLUDES Noun ABATEMENT
12/01/03
12/01/04
EACH OCCURRENCE
$ 5000000
X
PREMISES (Ea occurence)
$ 50000
MED EXP (Any one person)
$ 5000
X
PERSONAL& ADV INJURY
$ 5000000
Paint Abatement
GENERAL AGGREGATE
$ 5000000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
PRODUCTS - COMP/OP AGG
$ 5000000
Em Ben.
1000000
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESS(UMBRELLA LIABILITY
OCCUR El CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
$
$
B
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
H yyes, describe under
SPECAL PROVISIONS below
OTHER
WC00314654700
12 /01/03
12/01/04
X TORY LIMITER S
E.L. EACH ACCIDENT
$lOOOOOO
E.L. DISEASE - EA EMPLOYEE
$1000000
E.L. DISEASE -- POLICY LIMIT $1000000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project: Brown & Hazaleus Properties, 4112 E County Road 34E & 6123 S
Shields Str, Fort Collins, CO
CERTIFICATF ►ant nFw
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 L TY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
215 North Mason Str, 2nd Floor REPRESENTATIVES.
Fort Collins CO 80524 AUTHORIZED REP SENTAnVE
25(2001/08)
0 ACORD CORPORATION 1
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
Mark Sampson
TITLE
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) (signed)1/'�'/:`%
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
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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
9
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 corporationJa-
Ja
By: es . O'Neill II, CPPO, FNIGP
Dire of Purchasing and Risk Management
Date: 2 �3
ESA, Inc.
By:
Icwk k
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_ ta-
TTES (Corporate Seal)
COR ORATES RETARY
SA 10/01
10
EXHIBIT A
TABLE OF CONTENTS
IINTRODUCTION.........................................................................................................................................................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
TABLE1 ASBESTOS TO BE REMOVED......................................................................................................................1
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
8/27/03 COFC Brown & Hazaleus Work Plan.doc i
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
UU11U Brown & Hazaleus Work Plan.doc
TABLE 1
ASBESTOS TO PE 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 nor -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 (OSHA)
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 tile 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
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 (-0.020 inches of water for secondary
containments). The containment must stand for a minimum of 2 hours with -0.030
inches of water negative pressure (-0.020 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.
oizoizuus wrc brown & Hazaleus Work Plan.doc