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
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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).
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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EMPLOYERS' LI1IBILITY
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•
THE PROPRIETOR! INCL
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0. DISEASE - EA EMPLOYEE
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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
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commences legal or equitable actions against the defaulting party, the defaulting party shall be
liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and
costs incurred because of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
14. Indemnity/insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions,
suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to
or death of any person or persons, or damages to property arising out of, result from or
occurring in connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
SA 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
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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