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HomeMy WebLinkAbout351417 ENVIRONMENTAL ABATEMENT - CONTRACT - BID - 5896 ASBESTOS ABATEMENT AT GATEWAY PARKSERVICES 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 Abatement Southwest, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of seventeen (17) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon signing of this Agreement. Services shall be completed no later than March 23, 2005. 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 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: SA January 2005 Environmental Scientists and TABLE 1 M13EaL$,An QE ASIRESLOS MATERIALS TO BE REMOVED LOCATION* MATERIAL QUANTITY** Lower level bathroom and White, swirled, medium 975 SF garage drywall texture (DS-02) Entrance landing and lower Brown, hexagon tile pattern 77SF level hallway sheet flooring (SVF-01) Upper level bathroom Red and black floral pattern 45 SF sheet flooring (SVF-02) Composite drywall*** All interior walls and 8283 SF ceilings (CDW-01 and CDW-02 Brown ceramic tile Lower level bathroom 4 SF adhesive*** (MA-01) Yellow ceramic tile Kitchen, upper level 170 SF adhesive*** bathroom, and master bathroom MA-02) 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 *** These materials contain trace amounts of asbestos. 3 SCHEDULE Contractor is not authorized to apply for the abatement permits prior to being issued the notice to proceed from the Owner and does so at their own risk. It is understood that there is a ten (10) day waiting period after applying for a permit. Contractor will apply for an abatement permit within two (2) 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 IOth 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 ten (10) working days. 4 ASBESTOS ABATEMENT WORK PROCEDURES Full containment controls are required for the removal of the materials that contain more than 1% asbestos. All of the remaining trace asbestos materials may be removed under a secondary 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, March 2003) and all other applicable laws and regulations: 12/13/2004 COFC Gateway Mountain Park Work Plan/Design.doc 2 Environmental Scientists 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. All materials will be removed by hand using wet methods. Final air clearance samples will utilize phase contrast microscopy (PCM) as the analytical technique. All clearance air monitoring will be conducted according to specifications outlined in Regulation 8. The staging area for equipment and personnel will be at the closest entrance to the work area or an area determined by the Owner. Security for any equipment and/or vehicles left 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 SPECIAL CONSIDERATIONS The containment will be constructed as per the attached design. Any deviation from the design must be approved by the Designer, amended on the design, and signed prior to implementation. A sanitary sewer service is not available for the discharge of filtered waste water. It is required that all filtered waste water be collected and discharged into a sanitary sewer at another location or disposed of properly. The amount and flow of potable water is limited. It may be necessary that the Contractor provide potable water for the decontamination unit. Electrical service will be available from the adjacent park office building. 12/13/2004 COFC Gateway Mountain Park Work Plan/Design.doc wall . Environmental Scientists and Engineers, LLC The park will be closed during the project; however, walk in traffic may still exist. A temporary fence will be installed by the Owner around the construction area to further prevent access near the building. 6 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. Contractor shall request in writing required Owner/Owners representative inspections including the time and date of the requested inspection. 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. 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 12/13/2004 COFC Gateway Mountain Park Work Plan/Design.doc 4 LLC 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. 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. I. The Contractor is required to remove all specified ACM and materials containing trace amounts of asbestos. 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 the work area and Work Area Clearance sampling for the work area. Samples exceeding 0.01 fibers per cubic centimeter (f/cc) will be deemed to have failed, and must be re -cleaned and re -tested. Contractor may, on the approval of the Owner/Owners representative, have the work area re -sampled and analyzed by t2113/2004 COFC Gateway Mountain Park Work Ptan/Design.doc 5 and Engineers. LLC TEM if it will not interfere with the project schedule. Cost for TEM analysis will be responsibility of the Contractor. 7 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 (MARL), immediately and automatically stop all work except corrective action. The Owner/Owners representative will determine the source of the high reading and so notify the Contractor in writing. 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 flee of air which is equivalent to 10,000 fibers per cubic meter of air (f/m3). 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/mmz). 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 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. 12/13/2004 COFC Gateway Mountain Park Work Plan)Design.doe 6 _►Walls1 Environmental Scientists and Engineers, LLC 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 Fee, and any subsequent cleaning and additional sampling costs regardless of TEM sample results. 8 SUBMITTALS Plan of Action Prior to the start of work, the contractor shall prepare a brief plan of the procedures proposed for use in complying with the requirements of this work plan and all applicable regulations. Include in the plan the sequencing of asbestos work (containments and work areas), methods to be used to assure the safety of building occupants and visitors to the site, disposal plan including staging and waste load -out procedures, and location of approved disposal site. Expand upon the method of removal to prohibit visible emissions. The Contractor is solely responsible for construction means, methods, techniques and sequences, and procedures with respect to complying with all applicable regulations. Technical Submittals The Contractor shall submit all technical docutnentation as specified in this section using the list and schedule provided below. 12/13/2004 COFC Gateway Mountain Park Work Plan/Design.doc 7 Environmental Scientists 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 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 9 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. 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. 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. 12/13/2004 COFC Gateway Mountain Park Work Plan/Design.doc 8 AMYalsi>< Environmental Scientists and Engineers, LLC 10 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. 11 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. 12 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 12/13/2004 COFC Gateway Mountain Park Work Plan]Design.doc 9 _A&WaWt Environmental Scientists and Engineers, LLC APPENDIX A FIGURES No Text City: Copy To: Service Provider: City of Fort Collins, Purchasing City of Fort Collins, Parks Environmental Abatement P.O. Box 580 P.O. Box 580 Southwest Inc. Ft. Collins, CO 80522 Ft. Collins, CO 80522 5615 Industrial Place Attn: John Stephen Attn: Eileen Scholl Colorado Springs, CO 80916 Attn: Richard Buced Ti �7 z.�2y 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 Twenty-two Thousand Nine Hundred Ninety Dollars ($22,990.00). 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 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. SA January 2005 2 r S f T + LEGEND ACBM AND TRACE MATERIALS TO BE REMOVED SVF-01 DS-01 (WALLS, CEILING & FLOOR) MA-02 No. Revisions Date SVF-02 CDW-01 & CDW-02 (WALLS & CEILING) " #3 #0 Ake_ GATEWAY MOUNTAIN PARK Date: 12104 Draw BY R. WBIm51ey �(�( 5218 POUDRE CANYON ROAD Environmental Scientists and Engineers, LLC BELLVUE, COLORADO Prolect No. 5343-010 Checked By: I:ACADZ343Z343-010. JM 1/ 44 Figure: 2 5..__.: 2 of 4 CONTAINMENT DESIGN LEGEND FIRST FLOOR No. CONTAINMENT BOUNDARY #, Revisions Data NEGATIVE AIR MACHINE #z as GATEWAY MOUNTAIN PARK Date: 12104 Drawn BT R. Walmsley A Walsh5218 POUDRE CANYON ROAD ProjectNo. 5343-010 CtreckeC By: BELLVUE, COLORADO Environmental Scientists and Engineers, LLC in m. I" vne Figure: 3 1 Sheet: 3 of 4 LEGEND CONTAINMENT BOUNDARY NEGATIVE AIR MACHINE MWQ& Environmental Scientists and Engineers, LLC 5218 POUDRE CANYON ROAD CONTAINMENT DESIGN SECOND FLOOR No. I Revisions I Date it1 nz a Data: 12104 Drawn By: R. Wain Project No. 5343-010 Checked By: Figure: 4 Sheet: 4 of 4 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. SA January 2005 03/01/2005 TUE 9:54 FAX Z 001/001 AC-0-RD. CERTIFICATE OF LIABILITY INSURANCE CSR DC ENVIRI3 DATE(MMIDDIYYYY) 03 OL 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Six 6 Geving Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3630 Sinton Road, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Colorado Springs CO 80907-5034 Phone: 719-590-9990 Fax: 719-590-9992 INSURERS AFFORDING COVERAGE NAIC 9 INSURED Environmental Abatement INSURER A: Arch Specialty Ins Co INSURER B. Allied Insurance Grou 42579 Southwest Inc.; Falcon Services, Inc.; 5615 Industrial Place, LLC P.O. Box 752�2 Colorado Springs CO 80970 INsuRERC: Pinnacol Assurance 4NSURER O: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING 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 POUCYNOMBER DATE MMIDD DATE M LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000 000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ®OCCUR 12EMP43438-00 11/27/04 11/27/05 PREMISES Eaocwende E 50 000 MED ErP(Any on person( ES 000 PERSONAL S ADV INJURY s2 OOO OOO X INCL POLLUTION/ ASBESTOS GENERAL AGGREGATE s 2 000 000 GEN'L AGGREGATELIMITAPPLIES PER: PRODUCTS -coup/op AGG s2 DOO 00O X POLICY MOT LOC B AUTOMOBILE LIABILITY ANY AUTO ACP7540805635 02/02/05 02/02/06 ED SINGLE LIMIT (EaEa acd (ctlae,d) s11000,000 X BODILY INJURY (Per person) s ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Peraoddent) E HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (PW accident) E GARAGE LIABN.ITY AUTO ONLY. EAACCIDENT E OTHER THAN EA ACC AUTO ONLY: AGG E ANY AUTO E EXCESSNMBRELLA LIABILITY EACH OCCURRENCE i OCCUR CLAIMS MADE AGGREGATE $ $ E DEDUCTIBLE is RETENTION C WORKERS COMPENSATION AND ANY PROPPIEfORIPARTNERIFXECXJTIVE ANYPRORI TORIPAr OFFICERAIIEMBER EXCLUDED? 4028665 04/01/04 04/01/05 X I TORY LShciB I ER E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE. EA EMPLOYEE $i 000 000 ggy� tleecribeundw SPE(:UL PROVISIONS beIgH E.L. DISEASE -POLICY LIMIT E 1 OOO 00O OTHER B Inland Marine ACP7540805635 02/02/05 02/02/06 Contr ELp $57,815 B 1Prop-RC/Spec Form IACP7540805635 1 02 02/05 02/02/06 Bldg $550 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Proof of Insurance. fax: 970:221-6707. Project: Bid #5896 Asbestos Abatement at Gateway Park. Cert holder is named Liability Additional Insured City of Fort Collins 215 N Mason St, 2nd Floor Ft. Collins CO 80522-0580 FORTC-1 I SHOULD ANYOFTHE ABOVE DESCRIBED POLICE$BECANCELLED BEFORE THE EXPIRATI01 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 LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 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 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. SA January 2005 3 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. 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. SA January 2005 4 a CITY OF FORT COLLINS, COLORADO a municipal corporation By: Q0 a� James "Neill Il, CPPO, FNIGP Directo of urchasing and Risk Management Date: O J Environmental Abatement Southwest, Inc. By. Q �, PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: 2-" Z3 —p A ST (Corporate Seal) ORPORATE SECRETARY SA January 2005 5 EXHIBIT A Asbestos Abatement Work Plan/Project Design City of Fort Collins Gateway ,w Park Residential 8 Pod °` io •sfl Colorado WALSTJ Pr(�ject Number, 5:343-0 30 Decernb a• 13,200,1 r and E.ngijiC_'€ rs' I.VC ^A SBESTOS ABATEMENT *j WORK PLAN/PROJECT DESIGN December 13, 2004 Prepared Rm Eilmn Scholl City of Collins Cultural, Library, and Recreational Services Parks Divkion 413) Bryan Street P.O. Box 580 Fort Collins. Colouido 80522-0580 CaMell Certi Ci ed Asbestos I n spec tonManagement P I annor, Designer, Air Monitoring Specialist by: . ..... Troy C. Sanders, PC,. District .man ager, Certified Asbestos Inspuctor Sulymileed by WALSH ENVIRONMENTAL SCIFNTISTS AND ENGUNEURS, LIA, 2029 lRedvvingRoiid, Suite 2S0 Vort ("offills,"Colorado 80526 Phone (970) 223-5655 Fax ( 9 7 0) 2213 — 8 577 wN w "vo I s�l "Tit, com `k;,'ALSH NwObO, 5 034*0 TABLE OF CONTENTS 1 INTRODUCTION................................................................................................................I........................1 2 SCOPE OF WORK ......................................................... ..................... ....... ....... ............ ........ I...... I...............1 3 SCHEDULE ................................................. ....... ....... ............. .............. ....... ...... ........ ....... I ................... I ........ 2 4 ASBESTOS ABATEMENT WORK PROCEDURES...............................................................................2 5 SPECIAL CONSIDERATIONS..................................................................................................................3 6 INSPECTIONS BY OWNER/OWNERS REPRESENTATIVE...............................................................4 7 MAXIMUM ALLOWABLE ASBESTOS LEVEL(MAAL).....................................................................6 8 SUBMITTALS...............................................................................................................................................7 9 PROJECT COORDINATION.....................................................................................................................8 10 INSURANCE.................................................................................................................................................9 11 QUALIFICATIONS AND LIMITATIONS................................................................................................9 12 REFERENCES..............................................................................................................................................9 LIST OF TABLES TABLE 1 ASBESTOS AND TRACE ASBESTOS MATERIALS TO BE REMOVED....................................I LIST OF APPENDICES APPENDIX A FIGURES Figure 1 5218 Poudre Canyon Road — First Floor, ACM and Trace Asbestos Materials To Be Removed Figure 2 5218 Poudre Canyon Road — Second Floor, ACM and Trace Asbestos Materials To Be Removed Figure 3 5218 Poudre Canyon Road — First Floor, Containment Design Figure 4 5218 Poudre Canyon Road — Second Floor, Containment Design 12/13/2004 COFC Gateway Mountain Park Work PlanlDesign.doc 1 AR&Walsh Environmental Scientists and Engineers, LLC ASBESTOS ABATEMENT WORK PLAN/PROJECT DESIGN CITY OF FORT COLLINS GATEWAY MOUNTAIN PARK RESIDENTIAL STRUCTURE 5218 POUDRE CANYON ROAD . BELLVUE, COLORADO 1 INTRODUCTION Walsh Environmental Scientists and Engineers, LLC (WALSH) conducted an asbestos inspection on January 14, 2004 at Gateway Mountain Park of a residential structure at 5218 Poudre Canyon Road in Bellvue, 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 the ACM and trace asbestos materials prior to the demolition of the structure. 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/project design. The following table lists the locations, materials, and approximate quantities of asbestos containing and trace asbestos containing building materials to be abated. TABLE 1 ESTOS MATERIALS TO 11 LOCATION* I MATERIAL I QUANTITY** 11 All interior walls and ceilings Light to medium orange peel 7975 SF except lower level bathroom, drywall texture (DS-01) family room ceiling, and garage. Also includes overspray on floors of second level 12/13/2004 COFC Gateway Mountain Park Work Plan/Design.doc