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HomeMy WebLinkAboutBID - 5896 ASBESTOS ABATEMENT AT GATEWAY PARKCitv of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS INVITATION TO BID BID #5896 ASBESTOS ABATEMENT AT GATEWAY PARK BID OPENING: FEBRUARY 3, 2005, 3:OOP.M. (our clock) Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00p.m. (our clock), FEBRUARY 3, 2005. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: www.fcgov.com/purchasing. 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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 3 ALW44w, 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 fmished 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 home 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 AV4'AWt Environmental Scientists and Engineers, 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 12/13/2004 COFC Gateway Mountain Park Work Plan/Design.doc 5 Al �. Environmental Scientists 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 (MARL) Outside Work Area: If any air sample taken outside of the work area exceeds the CDPHE maximum allowable asbestos level (MARL), immediately and automatically stop all work except corrective action. The Owner/Owners representative will determine the source of the high reading and so notify the Contractor in writing. 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 (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/mm2). 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.doc 6 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. 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 documentation 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 and Engineers, LLC 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 AKAArallsh 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 APPENDIX A FIGURES No Text N LEGEND ACBM AND TRACE MATERIALS TO BE REMOVED SVF-01 = DS-01 (WALLS, CEILING & FLOOR) MA-02 No. Hemians I Q.t. I SVF-02 CDW-01 & CDW-02 (WALLS & CEILING) #2#1 GATEWAY MOUNTAIN PARK A-mWalsh 5218 POUDRE CANYON ROAD D,.— BY: R. Walmsley BELLVUE, COLORADO Date l2j2!-- Environmental Scientists and Engineers. � TA—CAM5343�534d-ul U.Uwq JM 1/04 jFmJec570 5343-010 Checked By: I Figure: Sheet 2 of 4 Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. es B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management 2 LEGEND CONTAINMENT BOUNDARY NEGATIVE AIR MACHINE A&Walsh Environmental Scientists and Engineers, LLC 5218 POUDRE CANYON ROAD BELLVUE, COLORADO CONTAINMENT DESIGN FIRST FLOOR No. I Revisions Date #1 #2 #3 Date: 12/04 1 Drawn By. R. Walrnsley rect No. 5343-010 Checked By: Figure! 3 Sheet: 3 of 4 w, �6 a, Ww e_t wmvPom Pa ..m� Is'P�.a:1wR & " ffl a ® .3.m`ewNP.9+... m ,we .. 202 203 201 Ej Qj 208 207 m. 200 204 206 205 � Emergency Exlt �w "' 'is�WHSV� psa ayd°e'". eli ."se°Fs "'I .., rksr. er `Y� ref I�hW MavWy�NNd ° •.riwsv. gRLRWrt^ k R.. -a 16 5 .- �zff. aa. CONTAINMENT DESIGN LEGEND SECOND FLOOR CONTAINMENT BOUNDARY No. Revisions ate #t #2 NEGATIVE AIR MACHINE #3 #4 ja W GATEWAY MOUNTAIN PARK 5218 POUDRE CANYON ROAD BELLVUE, COLORADO Dale: 12/O4 Drew: By: R. Walmsley Project No. 5343-010 Checked By: Environmental Scientists and Engineers, LLC I:ACAD\5343\5343-010.dw JM 1/04 Fgure: 4 Sheet: 4 0/ 4 Fm4lll),lfuL,m;ll twiclifiAN and Fn�,mtiucls, I I-C, Cot pm,mc t I �-,;gtkjtwocr,,, Bt3kdttv�, ( oltv�j�lo - Ulimil Jiiu6 im4 ("oltirwio 'ohinodo SprinL,,�. Ot I orido Fort Ckifjiw�, 'Cololado 011ilo, Fk-jinulor timzt, vml SERVICES 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 , 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 ( ) page[s], and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than 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. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. SA January 2005 t 4. Contract Period. [Option 21 This Agreement shall commence , 200_, and shall continue in full force and effect until 200_, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed _ (_) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. 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. [Early Termination clause here as an option. 6. 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: City: Service Provider: SA January 2005 2 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. 7. 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 Dollars ($ ) [Option Cost Breakdown is attached Exhibit "C"] 8. 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. 9. 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. 10. 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. 11. 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. SA January 2005 3 12. 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. 13. 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. 14. 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. 15. 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, SA January 2005 4 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. 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 consisting of (_) pages[s], 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. 17. 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. 18. 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 S 19. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit _, consisting of ( ) page[s], attached hereto and incorporated herein by this reference. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: [Insert Corporation's name] or [Insert Partnership name] or [Insert individual's name] Doing business as [insert name of business] By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY SA January 2005 6 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: 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 BID PROPOSAL BID #5896 ASBESTOS ABATEMENT AT GATEWAY MOUNTAIN PARK BID OPENING: FEBRUARY 3. 2005, 3:00p.m.. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR ASBESTOS ABATEMENT AT GATEWAY MOUNTAIN PARK OF A RESIDENTIAL STRUCTURE PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins Parks is requesting bids for the asbestos abatement for one of the residential structures at Gateway Mountain Park. Schedules and scope of work are attached in the work plan/project design by Walsh Environmental Scientists and Engineers, LLC. Contract must be complete 24 days after notice to proceed. Since the Park will be closed for the duration of work, liquidated damages of $500.00 for each and every day, will be assessed in the event the Contractor does not meet final dates as specified. Any technical questions should be directed to Eileen Scholl, Project Manager at (970)416-2062. Any Purchasing questions should be directed to John Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6775. A mandatory pre -bid meeting will be held at Gateway Mountain Park at 5218 Poudre Canyon Rd, Bellvue, Colorado on January 24, 2005 at 10:00 a.m.. BID SCHEDULE Our firm will remove asbestos containing building materials by competent persons trained, knowledgeable, experienced 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 this Contract. LUMP SUM $ FIRM NAME Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE ADDRESS PHONE/FAX # Qualifications of Bidder: A. Qualified bidder must be doing business under the present business name for the past three consecutive years. B. Qualified bidder will supply with bid, 3 references specific to asbestos abatement. References must include contact name, date when work was completed and type of work. C. Qualified bidder shall have sufficient manpower and equipment to accomplish said work in the required time. D. The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data as is reasonably required for this purpose. The Owner reserves the right to disqualify any bid if the evidence resulting from the Owners investigation shows, in the opinion of the Owner, that the bidder is not properly qualified to prosecute the work described herein. E. Failure to meet the agreed upon milestones, mobilize to the area, or fully complete the work by scheduled date shall result in damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $500.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. 4 Asbestos t ® ` • City of Fort Collins Gateway Mountain Park Residential Structure 5218 Poudre Canyon Road Belivue, Colorado 1V'ALS C Project Nurnbcv534 -030 Decernbcr 13, 2004 JXL --- A ' i t�ruir� rrrt�crr[ f d,SII- Sl,i,,,, lit i",I�L.nwille(• I- Ii�z. ° VIL7161 -N Irkle:4 WALI lj:j WON qftm December 13, 2004 Prepared lbr: Lilmn scholl City of Fort Collim Cultural, Library, and Recreational Services Parks Division 411 Bryan Street P,O, BOX MO Fort Collins, Colorado 80522-0580 by- ... . ........ . ... . michaet Pcamell Cortificd Asbestos Inspector.iManagenicrit Plariller, Designer, Air Monitoring Specialist Reviewed by; TTOY C. SalldefS, P.G, District Manager, Certified Asbcstos Inspector Subfinflefl by WALSII ENV] RONMENT Al, SCIENTISTS AND UNONNEERS, LIX 26219 Redwing Road, Suite UO For( Collins, Colorado 90526 I'llione (970) 223-5655 Fax (970) 223-957 7 ,VNw rv,0,111 WM SH N';rwr 5 -0 +-011k TABLE OF CONTENTS 1 INTRODUCTION.........................................................................................................................................1 2 SCOPE OF WORK.......................................................................................................................................1 3 SCHEDULE...................................................................................................................................................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 Plan/Design.doe i Aiwa l 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 ASBESTOS AND TRACE ASBESTOS MATERIALS TO BE REMOVED LOCATION* MATERIAL QUANTITY** 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 Awwa sh Environmental Scientists and Engineers, LLC TABLE 1 ASBESTOS AND TRACE ASBESTOS 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-OD 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