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HomeMy WebLinkAbout367059 COLORADO ENVIRONMENTAL - CONTRACT - BID - 5933 ASBESTOS ABATEMENT GARCIASERVICES 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 Colorado Environmental Services, LTD 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 sixteen (16) page[s], 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 receipt of notice to proceed. Services shall be completed no later than ten (10) days after receipt of notice to proceed. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by SA January 2005 1 Ahkwawl Environmental Scientists and Engineers, LLC TABLE 1 ACM T0,B, R.MOVED. LOCATION* MATERIAL PERCENTAGE AND QUANTITY** TYPE OF ASBESTOS Main house - rooms TS02 - white heavy 2.5% - 3% Chrysotile 1,499 SF 100, 105, and 106 knockdown and swirled texture 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 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 ACM in the main house. The ACM located in the north structure 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) dated March 2003 and all other applicable laws and regulations: A. Put in place a fully operational decontamination unit contiguous with the work area (remote decontamination unit may be used for secondary containments), place and start a sufficient number of high efficiency particulate air (HEPA) equipped negative air machines (NAMs) to ventilate the building, pre -clean and then construct and place critical barriers, impart a negative pressure differential between the work area and all surrounding areas. 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 contaimment 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). 7/12/2005 COFC Garcia Work Plan.doc 2 AirwwaWl Environmental Scientists and Engineers, LLC 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 continence. 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 Due to damage to the roof, large quantities of the materials in the main house have been disturbed. It is unknown if the amount exceeds the trigger level, however the entire inside of the structure (including the attic) is being considered contaminated. A fully operational decontamination unit must be installed contiguous to the work area prior to any work inside the main house. After the decontamination unit is operational, NAMs are to be placed inside the building, exhausted outside the building, and started to adequately ventilate the structure. Once the decontamination unit and the NAMs have been placed, the remainder of the work inside the structure may commence as listed in the previous section. The damaged areas in the roof must be adequately sealed and/or repaired to prevent weather intrusion during the abatement project. In accordance with Regulation 8, this project will require a Project Design. This document does not fulfill the all the requirements for a Project Design. However this document may be used in part or whole in the Project Design. 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 7/12/2005 COFC Garcia Work Plan.doc 3 AL WHWI Environmental Scientists and Engineers, LLC 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 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 contaimnent must be completely dry, during the inspection with no water droplets, remains or saturation on polyethylene sheeting or other surfaces in the contaimnent. 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 7/12/2005 COFC Garcia Work Plan.doc 4 LLC 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. 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 0.010 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 TEM if it will not interfere with the project schedule. Cost for TEM analysis will be the 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 (MAAL), immediately and automatically stop all work except corrective action. The Owner/Owners representative will detennine 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. 7/12/2005 COFC Garcia Work Plan.doc 5 Environmental Scientists and Engineers, LLC 2. Where PCM is used as the method of analysis the standard is 0.010 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/mm). 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 purposes shall be performe d 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. 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 W12/2005 COFC Garcia Work Plan.doc 6 Walsh. Environmental Scientists and Engineers, LLC 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 0.010 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. Pre -start Submittals Daily Submittals Contract Closeout (Minimum five days prior) (Two weeks after) Respiratory Protection Program Daily Field Logs Disposal Manifests Hazard Communication Program Daily Entry/Exit Sign -in Sheets Owner's Final Inspection Medical Response Program Visitor Documentation Forms Change Orders General Abatement Certificate Event Condition Report Final Punch List Document Insurance Certificate 24-hour Manometer Chart Workers Compensation Insurance OSHA Air Monitoring Results Automotive Insurance Certification Accident Reports Performance and Payment Bonds Photographs (if required) List of Personnel Used Personnel Certifications Plan of Action Project Sequencing and Schedule Disposal Facility Information 7/12/2005 COFC Garcia Work Plan.doc 7 9 PROJECT COORDINATION The Contractors estimate should allow provisions for coordination, which shall include informal meetings with Owner/Owners representative such as the following: A. 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. B. 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. C. 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. 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. 7/12/2005 COFC Garcia Work Plan.doc AR _.Walk 1 Environmental Scientists and Engineers, LLC 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 written authorization by WALSH. 12 REFERENCES Colorado Department of Public Health and Environment, 2003. Regulation No. 8, The Control of Hazardous Air Pollutants, Part B, The Control of Asbestos,5 CCR 1001-10, Part B Emission Standards for Asbestos, Effective March 30, 2005 7/12/2005 COFC Garcia Work Plan.doc 9 and APPENDIX A FIGURES Main House PI03- White Granular Fibrous Plaster SOA01- White Foamy Accoustical Texture TS01- Cream Sponged Texture TS02- White Heavy Knockdown & Swirl Texture Garcia Property ACM To Be Removed SWEIsh City of Fort Collins Scale: 1" = 5, Date: 07t05 Draw By RW 2.5 0 2.5 5 Protect No. 5384010 Checketl By: nvironmental Scientists and EngiLLC neers. _ Flg re 1 Sh et f 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 PO Box 580 Fort Collins, CO 80522 Service Provider: Colorado Environmental Services, LTD 4601 Glencoe Street Denver, CO 80216-6418 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 One Thousand Six Hundred Dollars ($21,600). 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall SA January 2005 2 North Structure 101 100 . Garcia Property ACM To Be Removed No. I Revisions I Date #1 WS01- Off White Window Glazing 43 Date: 07/05 Drawn By: RW S� City of Fort Collins Scale: 5' 2.5 2.5 5 Project No. 5384-010 checked By: Environmental Scientists and Engineers, LLC I Figure: 2 1 Sheet of No Text EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA January 2005 09/22/2005 14:24 3035459361 TALBOT PAGE 02/02 xi� r «n.nnn ,rtste:.,10- . £z5 M1a... PRODUCEN Tom Moyer Talbot InsuraziCe Agency, Inc.ONLY y DATE BRMmoml 09 22/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1601 28th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Boulder, CO 80301 COMPANY Hudson Insurance Company 303-444-4443 303-449-7365 A INSURED Colorado Environmental Services COMPANY Hartford Casualty Insurance Comps B R.I. Rung, Inc. dba 4601 Glencoe COMPANY C Denver CO 80216 COMPANY D M ION. Now THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFTE0TIVE DATE IMMMOM) POLICY EXPIRATION WE DAMMD/YYI UNITS A GENERAL LIABILITY FEC5104899 3/01/2005 03/01/2006 GENERAL AGGREGATE s2,000,000 X PRODUCTS - COMPIOP AGO t 2,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE FT] OCCUR Y PERSONAL a ADV INJURY e 2 000,000 EACH OCCURRENCE a 2,000,000 OWNER'S a CONTRACTOR'S PROT FIRE DAMAGE (AAV 0114 lire e 5,000 MED EXP IAny ane omeni 150,000 B AUTOMOBILE LIABILITY ANY AUTO 34UECTZ6737 03/22/2005 03/22/2006 COMBINED SINGLE LIMIT 9 10000,000 BODILY INJURY IPer won) ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY IPar a Eiden F HIRED AUTOS WON-OWNEO AUTOS PROPERTY DAMAGE e GARAGE UABIUTY AUTO ONLY. EA ACCIDENT F OTHER THAN AUTO ONLY :7 ; 7777 ANY AUTO EACH ACCIDENT AGGREGATE B A EXCESSLIABNTTY FXS5104900 3/01/2005 03/01/2006 EACH OCCURRENCE $1,000,000 AGGREGATE II1, 0 0 0, 0 0 0 UMBRELLA FORM OTHER THAN UMDREILA FORM WORKERS COMPENSATION ANb WC STAT OTH s q._j % x�, ,;,...r,... EMPLOYERS' LI1IBILITY EL EACH ACCIDENT • THE PROPRIETOR! INCL PARTNERFAXECUTNe EL DISEASE • POLICY LIMIT e 0. DISEASE - EA EMPLOYEE e OFFICERS ARE: ri EXCL OTHER DESCRIPTION OF OPERAT[ONSAACATIONSMWCLES/SPECIAL ITEMS he City of Fort Collins is an Additional Insured as regards their interests Pax: 970-221-5707 Nomtea. :]. .. � . rTHE City ofy Fort Collins SHOULD ANY OF ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Administrative Services/Purchasing Division EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 215 North Mason Street, 2nd. Floor P.O. ]BOX 580 3 0_ DAYS WIBTTEN NOTICE TO THE CEmIRCATE HOLDER NAMED TO THE LEFT, Nit—'sey notice for non-payment BUT PAIWRE TO MILL SUCH NOTICE SHAD. IMPOSE No OBLIGATION OR LIABILITY Fort Collins, CO 80522-0580 OF ANY KIND UPON THE COMPANY. ITS AGENTS ON REPI ISINTATIVE6. OPIZED REPRESENTATIVE A MdaS2833536 COMIJ-1 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party SA January 2005 3 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 January 2005 4 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. CITY OF FORT COLLINS, COLORADO a municipal corporation y� By: Jame Bl O'Neill Il, CPPO, FNIGP Direct of Purchasing jand Risk Management Date: �1 / }- �/ 0 5 Colorado Environmental Services, LTD By: Bryan Ju g CORPORATE PRESIDENT OR VICE PRESIDENT -- Date: ATE/// A (Corporate Seal) CORPORATE D�. SECRSTA SA January 2005 5 EXHIBIT A SCOPE OF WORK Asbestos Abatement Work Plan City of Fort Collins Garcia Property 226 Willow Street Fort Colli7ts, Colorado WALSH 11 ojeo Number 84-010 July It, 2ooi Z-x � �'• 6 �. IN "T - 1. SA January 2005 WORK PLAN July 11, 2005 prepared R)F: Steve Seefeld CitV of Fort collias Operatioas Senrices Department t t 7 North Mason Stroa M, Box 590 Fort Collins, Colorado 80522-0580 Preparod hy� 6,ly- *,4 Ca-Idl Cerlified Asbestos Inspectov'Mauagernew I'laimer, Dcsi� igner, Air Monitoring Specialist T Rcv�cwcd bv: Troy Csancicrs, P.G livanc.h Mamagcr, Cvnifwtl Asbuslusl S?JwiiIIc,d b, NVALS1 I UNVIRONMEN'r-ki, SCIENTISTSAND ENGINEERS, 1,1,(. -1029 Rcdwmg Road, Suite 2W Fort (-'ojJjtj�,., ("'o i () I'llolic 0. Fax (9-1 0) 223 -X�,77 RIUIII hol � 'xill 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................................................3 7 MAXIMUM ALLOWABLE ASBESTOS LEVEL (MAAL)....................................................5 8 SUBMITTALS.............................................................................................................7 9 PROJECT COORDINATION.........................................................................................8 10 INSURANCE......................................................................................................I........8 11 QUALIFICATIONS AND LIMITATIONS.........................................................................8 12 REFERENCES............................................................................................................9 LIST OF TABLES TABLE 1 ASBESTOS AND TRACE ASBESTOS MATERIALS TO BE REMOVED....................................I LIST OF APPENDICES APPENDIX A FIGURES Figure 1 226 Willow Street— Main House, ACM To Be Removed Figure 2 226 Willow Street— North Structure, ACM To Be Removed 7/12/2005 COFC Gateway Mountain Park Work Plan/Design.doc 1 Wash Environmental Scientists and Engineers, LLC ASBESTOS ABATEMENT WORK PLAN CITY OF FORT COLLINS GARCIA PROPERTY 226 WILLOW STREET FORT COLLINS, COLORADO I INTRODUCTION Walsh Environmental Scientists and Engineers, LLC (WALSH) conducted an asbestos inspection on May 6, 2005 at the Garcia Property at 226 Willow Street in Fort Collins, 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 demolition of the structures. The intent of this phase of the project is to remove the ACM 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/project design. The following table lists the locations, materials, percentage and type of asbestos, and approximate quantities of ACM to be abated. TABLE 1 ACM TO BE REMOVED LOCATION* MATERIAL PERCENTAGE AND QUANTITY** TYPE OF ASBESTOS North structure - WG01 - off white 6% Chrysotile 16 LF exterior windows window glazing Main house - rooms PL03 - white granular 2.25% - 3% Chrysotile 1,681 SF 104, 105, and 106 fibrous plaster Main house - room SOA01 - white foamy 6% Chrysotile 117 SF 102 acoustical texture Main house - rooms TS01 - cream sponged 1.25% - 3% Chrysotile 871 SF 102 and 103 texture 7/12/2005 COFC Garcia Work Plan.doc