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Home My WebLink About351417 ENVIRONMENTAL ABATEMENT SOUTHWEST - CONTRACT - BID - 5961 LEAD BASED PAINT ABATEMENT NIX FARMSERVICES 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 Corporati n, hereinafter referred to as the "City" and Environmental Abatement Southwest Inc. hereinafte referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein express d, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provid services in accordance with the scope of services attached hereto as Exhibit "A", consisting f sixteen (16) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The s rvices to be performed pursuant to this Agreement shall be initiated within five (5) days folio r execution of this Agreement. Services shall be completed no later than fourteen (14) d ys following Notice to Proceed. Time is of the essence. Any extensions of the time limit s 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 p rforming its obligations by unforeseeable causes beyond its reasonable control and withou its fault or negligence, then the party so prevented shall be excused from whatever pe ormance 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 (1 ) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time perioc herein, the City may terminate this Agreement at any time without cause by prop notice of termination to the Service Provider. Such notice shall be delivered at leas days prior to the termination date contained in said notice unless otherwise agreed SA January 2005 1 contained ling written fifteen (15) i writing by Environmental Scientists and Engineers, LLC Scope of Work for Lead -Based Paint Removal and Preparation City of Fort Collins Nix Natural Area —Barn Structure 1745 Hoffman Mill Road Fort Collins, Colorado 1 PROJECT SUMMARY Walsh Environmental Scientists and Engineers, LLC (WALSH) was contracted by Fort Collins to develop Scope of Work for lead -based paint (LBP) removal , preparation activities at the Nix Natural Area -Barn Structure, 1745 Hoffinan Mill Collins, Colorado. The activities described in this Scope of Work are not permanently contain or eliminate the LBP hazard and therefore is not a State c Regulation 19 "Abatement Project," but instead is intended to prepare and rest exterior portions of the structure while adhering to the U.S. Department of Labor, C Safety and Health Administration (OSHA) regulations, Resource Conservation an Act (RCRA), and any other applicable regulations. OSHA regulates worker expo under regulations promulgated under 29 Code of Federal Regulations (CFR) 192 standard applies to all construction work where employees may be occupationally lead, including renovation and remodeling activities. During the LBP removal and fimctions the selected contractor must comply with all requirements outlined 1926.62. The general scope for this project is as follows: ■ Remove loose and damaged paint form exterior painted building compo prepare remaining surfaces for repainting. ■ Remove loose paint chips present in surficial soils surrounding the structure. ■ Perform post -removal cleaning activities on exterior painted building surfaces. ■ Dispose of lead -contaminated paint chips, debris, and waste water in accor( applicable federal, state, and local regulations. The exterior paint on the structure was observed to range from a fair to very poor The exterior of the structure was screened for LBP with a portable X-ray fluoresce spectroscopy analyzer, by WALSH on October 26, 2005. The U.S. Environmental Agency (EPA), Colorado Department of Public Health and Environment (CDPHE), ( other agencies define LBP as paint having a lead content of greater than or ec milligrams per square centimeter (mg/cm?) using XRF analysis. Select exterior typi components of the structures were evaluated for the presence of LBP. A table i Appendix A provides a summary of the painted components screened for lead at the screening results. XRF analysis results identified several components that contained the 1.0 mg/cm2 level. .e City of i surface oad, Fort ended to Colorado painted Recovery re to lead 62. This xnosed to 29 CFR and with (XRF) . [A, and to 1.0 painted xded in and the i above City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 Environmental Scientists and Engineers, LLC The following sections of this scope of work describe the areas of LBP to be remove , prepared, recommended work practices, and basic OSHA regulatory compliance issues. A outline of applicable regulatory requirements is also included. 2 SCOPE OF WORK The work specified herein shall be the LBP removal and surface preparation for re ainting at the Nix Natural Area -Barn Structure, 1745 Hoffman Mill Road in Fort Collins, Col ado. The structure is currently being used for equipment storage purposes. The work must be erformed by persons trained, knowledgeable, and qualified in the techniques of LBP remov 1, surface preparation, waste disposal, and OSHA lead compliance. The paint to be removed d surface prepared for repainting are described in the Section 2.1 below. The selected co tractor is responsible for determining exact quantities to be removed and quantities of surf ces to be prepared for repainting. 2.1 Paint to be Removed ■ All exterior paint (white and green), that is loose, peeling, and/or crackin shall be removed and properly disposed. ■ All paint that has delaminated from the structure and fallen onto the ground s ounding the structure shall be removed and properly disposed. 2.2 Area to be Prepared for Repainting ■ All exterior painted surfaces (i.e. doors, fascia, siding, soffit, trim, windows, tc.) shall be prepared for repainting by the selected contractor. ■ All areas where the paint has become loose, peeled away, cracked, or chippe shall be sanded with sanders attached to high efficiency particulate air (HEPA) filter quipped vacuums, wet sanded, or wet scrapped until smooth and then "feathered out.' When complete all surfaces must be smooth and dust free to allow for proper paint a esion. 2.3 Recommended Removal, Surface Preparation, and Cleanup Techniques ■ Setup a functional decontamination area or unit. ■ Establish a controlled work area using physical barriers and/or barrier tape. ■ Remove all visible loose paint from the soil surrounding the structure. ■ Install six millimeter polyethylene drop cloths extending a minimum of ten eet out from the structure. ■ Pre -wet (mist) painted surfaces to be prepared to minimize dust generation during preparation activities. ■ Sand with HEPA filter equipped sanders; wet sand, and/or wet scrape all dete iorated surfaces. ■ Wet wipe all surfaces using a high -phosphate detergent solution to remove visibl dust. ■ After drying, vacuum all surfaces with HEPA filter equipped vacuums. City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - It6/2006 2 Environmental Scientists and Engineers, LLC 2.4 Waste Handling/Disposal ■ The selected contractor is responsible for proper waste containerizati n, storage, characterization, and labeling in accordance with applicable federal, stat , and local regulations. ■ All lead -contaminated waste will be bagged or wrapped in six millimeter p lyethylene sheeting prior to being removed from the controlled work area. ■ Waste will be staged in a secure area on -site until transported to a disposal si e. ■ Waste material will not be handled in such a way as to generate dust. ■ No visible emissions will be created during any waste handling activity. ■ Properly manifest, transport, and dispose of lead -contaminated paint chips, ebris, and waste water in accordance with applicable federal, state, and local regulation . 2.5 Special Considerations ■ Prior to the start of any field work, the selected contractor is required 11. submit a written lead compliance plan to the building owner and/or owner's represent ive. ■ Electricity (115 volt) is available at the site. The contractor is responsible fo providing any rework wiring required. Any rework wiring required must be done by qualified and licensed electrician. ■ Water and sewer service is available at the site. All waste water will be collected, filtered, and disposed of in accordance with local wastewater facility require ents. ■ Removal and surface preparation methods should be chosen to minimize the eneration of dust (e.g. wet methods and/or HEPA filter equipped sanders). ■ Selected contractors shall take steps to prevent the transport of dust, debri , or other contamination to adjacent portions of the site. ■ All of the exterior window glazing on the barn structure (approximately 2401 near feet) contains a trace (less than 1.0 percent) amount of asbestos. This material i currently not regulated by the USEPA or the CDPHE. If this material is disturbed, the ontractor must comply with all current OSHA regulations for monitoring employee a osure to asbestos, as well as comply with proper disposal requirements (if removed). I asbestos material is disposed, the selected contractor will provide a copy of the compl ed waste manifest to the owner and/or the owner's representative. Analytical resul s for the asbestos samples collected are included in Appendix A. ■ All waste and debris generated by the selected contractor during the re oval and surface preparation activities must be disposed of as a hazardous was a unless characterized as non -hazardous. The contractor may, at their own expense, egregate and characterize different waste streams (i.e. personal protective equipme t, water filters, polyethylene sheeting, etc.). Analytical results of all waste characteriz ion tests must be submitted to the owner and/or the owner's representative. The con ractor is responsible for all costs associated with the analytical testing and proper di posal of these lead -contaminated materials. In addition, the selected contractor will rovide a copy of the completed waste manifest to the owner and/or the owner's represen ative. ■ The building owner and/or owner's representative will provide a final visual i spection for all work areas. Clearance protocols will include a visual inspection to d termine City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 3 Environmental Scientists and Engineers, LLC that each specified area is free of loose paint and visible dust and that t ready for repainting. The final project clearance criteria are described in Se ■ The selected contractor is responsible for removing any/all fixtures, fixed other items that may be required to facilitate removal and surface prepa contractor is responsible for reinstalling any removed items unless the item removal and disposal. 3 WORKER PROTECTION 3.1 Lead Compliance Program The selected contractor is responsible for developing and implementing a site -spec lead compliance program for the project. A written plan for this lead compliance pr, be submitted and approved by the owner and/or the owner's representative prior to any work. After the plan is approved, a copy must be available throughout the project for subsequent on -site inspection. The following items are consid components of the plan: ■ Regulatory Information ■ Description of Emission Activities • Permissible Exposure Limit (PEL) Compliance Technologies ■ Air Monitoring Data Documenting Lead Emissions ■ Program Schedule Implementation ■ Work Practices ■ Administrative Control Schedule ■ Potential Affected Employee Notification ■ Work Site Inspection ■ Personnel Protection ■ Housekeeping ■ Hygiene Facilities and Protection ■ Medical Surveillance ■ Medical Removal ■ Employee Information and Training ■ Signage ■ Observation of Monitoring ■ Recordkeeping, and ■ Other Relevant Information. 3.2 Lead Worker Health and Safety Regulations OSHA regulates worker exposure to lead under regulations promulgated under 1926.62. This standard applies to all construction work where employees may be e lead, including renovation and remodeling activities. During the LBP removal and p. functions the selected contractor must comply with all requirements outlined in 1926.62. Briefly summarized, the standard requires the following: surface is :)n 4. jects, and ion. The noted for written in must start of lion of major CFR .d to CFR City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 4 Environmental Scientists and Engineers, LLC ■ Representative and periodic air monitoring must be conducted for all employees potentially exposed to airborne (fume and dust) lead. ■ Establish a lead action level of 30 micrograms per cubic meter (µg/m3) of ai calculated over an eight -hour time -weighted average (TWA) period. ■ Establish a lead permissible exposure limit (PEL) of 50 µg/m3 of air avera d over an eight -hour TWA period. ■ Conduct preliminary exposure assessment (air monitoring) to determin that the airborne lead concentration has not exceeded the action level or the PEL. ■ Provide adequate protection of employees during the preliminary exposure as essment. ■ Apply engineering and administrative controls or respiratory protection f r workers potentially exposed above the PEL. ■ Provide a written compliance program to control workers' lead exposure to below the PEL. ■ Provide protective clothing for workers exposed above of the PEL or when there is a potential for eye and skin irritation. ■ Provide hygiene facilities and procedures where workers are exposed abov the PEL without regard to the use of respirators. ■ Conduct biological testing consisting of blood sampling and analysis for 1 ad at the beginning and at the end of the project. ■ Provide medical removal protection for workers overexposed to lead. ■ Provide information and training for employees who may be exposed to lead. ■ Erect warning signs where workers are exposed above the PEL. ■ Maintain employee lead exposure monitoring information/records and medical examinations. 3.3 Additional Regulations All federal, state, and local regulations must be followed during the removal ano surface preparation of lead contaminated materials. Additional regulations include, but are n t limited to the following: U.S. Department of Labor, Occupational Safety and Health Administration (OSHA): 29 CFR 1910.20 29 CFR 1910.134 29 CFR 1926.20 29 CFR 1926.21 29 CFR 1926.23 29 CFR 1926.24 29 CFR 1926.25 29 CFR 1926.28 29 CFR 1926.59 29 CFR 1926,103 29 CFR 1926.451 29 CFR 1926.500 Exposure Monitoring/Medical Surveillance Respiratory Protection General Safety and Health Provisions Safety Training and Education First Aid Fire Protection Housekeeping Personal Protective Equipment Hazard Communication Respiratory Protection Scaffolding Fall Protection City of Fort Collins, Nix Natural Area—Bam Structure, Lead -Based Paint SOW - 1/6/2006 9 Environmental Scientists and Engineers, LLC U.S. Department of Transportation (DOT): 49 CFR 171 and 172 Hazardous Substances Transportation U.S. Environmental Protection Agency (USEPA): 40 CFR 260, 261, Resource Conservation and Recovery Act (RCRA) 262, 263, and 264 U.S. Department of Housing and Urban Development (HUD): 24 CFR 35, 905, Lead -Based Paint Hazard Elimination; Interim Rule 941, 965, and 968 4 VISUAL CLEARANCE Upon completion of removal and surface preparation activities, the owner an representative will perform a thorough visual inspection. This visual inspection that all loose paint has been removed from the surfaces and visible paint from the all surfaces shall be free of visible dust. In addition all surfaces must be smooth repainting. Any areas which exceed these visual clearance criteria will require removal and/or surface preparation work at no additional cost to the owner. owner's 1 confirm , and that ready for City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 2 Environmental Scientists and Engineers, LLC APPENDIX A XRF SCREENING RESULTS AND ASBESTOS ANALYTIJCAL RESULTS City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 Environmental Scientists and Engineers, LLC Lead -Based Paint Screening Results City of Fort Collins Nix Natural Area —Barn Structure 1745 Hoffman Mill Road, Fort Collins, Colorado Number of XRF Range mg/cm2 Location Component Type Visible Color Lead-Ba ed Paint Comments Readings or AAS Exterior Door, Door trim, window trim, White and 13 0.52 to SA3 Y s window frame, and wall green Exterior Door and door trim White and 6 -0.47 to 0.10 N Doors on light green south side of building November 7, 2005 Troy Sanders Walsh Environmental - (F.C.) 2629 Redwing Rd., Suite 280 Ft. Collins CO 80526 Dear Customer, Page 1 of 2 2059 Bryant St. Denver, CO 80211 (303) 964-1986 Fax (303) 477-4275 Toll Free (866) Laboratory Code: RES Subcontract Number: NA Laboratory Report: RES 12 304-1,2 Project Description: 5386-01 COFC N x Farm Barn Reservoirs Environmental, Inc. is an analytical laboratory accredited for the analysis of in ustriai Hygiene and Environmental matrices by the National Voluntary Laboratory Accreditation Progra (NVLAP), Lab Code # 101896and the American Industrial Hygiene Association (AIHA), Lab ID 10153 - Accreditation Certificate #480. This laboratory is currently proficient in both Proficiency Testing and PAT programs respectively. Reservoirs Environmental, Inc. has analyzed the following samples for asbestos con request. The analysis has been completed in general accordance with the appropriate stated in the attached analysis table. The results have been submitted to your office. RES 121304-1,2 is the job number assigned to this study. This report is considered highly and the sole property of the customer. Reservoirs Environmental, Inc. will not discuss any p with personnel other than those of the client. The results described in this report only apply analyzed. This report must not be used to claim endorsement of products or analytical resut any agency of the U.S. Government. This report shall not be reproduced except in full, approval from Reservoirs Environmental, Inc. Samples will be disposed of after sixty day storage is requested. If you have any questions about this report, please feel free to call = Sincerely, Jeanne Spencer Orr President f� Analyst(s): ' Paul D. LoScalzo Wenlong Liu Paul F. Knappe Rich Wegrzyn Michael Scales as per your hodoloov as t of this study the samples by NVLAP or ,ithout written unless longer )64-1986. RESERVOIRS ENVIRONMENTAL, INC. NVLAP Accredited Laboratory # 101896 TDH Licensed Laboratory # 30-0136 TABLE PLM BULK ANALYSIS, PERCENTAGE COMPOSITION BY VOLUME RES Job Number: Client: Client Project Number / P.O Client Project Description: Date Samples Received: Analysis Type: Tumaround: Date Analyzed: RES 121304-1,2 Walsh Environmental - (F.C.) 5386-010 COFC Nix Farm Barn October 27, 2005 PLM, Short Report 3-5 Day November 2, 2006 Analyst: MS Page 2 of 2 lenT-- Sample Lab ID Number L A Sub on Asbestos N on - Fibrous Number Y Physical Part Fibers Components E Description (%) Mineral i Visual omponents (%) R I Estimate (% %) 5386010-BARN-OT01-01 EM 59981 A Black granular tar 100 ND TR 100 6386010-BARN-WG01-01 EM 59982 A White/tan glaze 100 ND TR 100 5386010-BARN-WG01-02 EM 59983 A White glaze 100 Chrysotile 2 0 98 Point Count <0.25 ND = None Detected TR = Trace, < !% Visual Estimate Trem-Act = Tremolite-Actinolite Data QA the parties. All notices provided under this Agreement shall be effective when prepaid and sent to the following addresses: City: Service Provider: , postage City of Fort Collins, Purchasing.Environmental Abatement SouthWE St, Inc. PO Box 680 5615 Industrial Place Fort Collins, CO 80522 Colorado Springs, CO 80916 In the event of early termination by the City, the Service Provider shall be paiq for services rendered to the date of termination, subject only to the satisfactory performance f the Service Provider's obligations under this Agreement. Such payment shall be the Service P ovider's sole right and remedy for such termination. S. Contract Sum. The City shall pay the Service provider for the perfo ance of this Contract, subject to additions and deletions provided herein, the sum of Thirteen T ousand Nine Hundred Fifty Dollars ($13,950). 6. City Representative. The City will designate, prior to commenc ment of the work, its representative who shall make, within the scope of his or her authority, II necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Se ice Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Servic Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or o er taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into 1 based on the special abilities of the Service Provider and that this Agree considered as an agreement for personal services. Accordingly, the Service neither assign any responsibilities nor delegate any duties arising under the Agn Agreement shall be ier shall without SA Jawary 2005 2 Duel �Ft_ R " wratYR"jC nd CHARGE' eAftwo tt Au4hw{rred iyy: It Tee a Tnr twurs and h06d0ys for stiN �n ort �€ f us . i 0c 99 � s Nps+s. samples w!d Lie ar�lyzesl +ring noffsr€al taGaraio _ ®r iai rat v rou rwl ked €€ ty ur"" att l`Mse swan and STCYS T5RAT4Rr NOUR3: lYaaA4Ay9r ?em - 7pm rg ex apt ANALY71C111 td THOD A!R MPLM PCM ' . r GSx „_,,,4t&6our NEr$if �RA trwsr 5f. a.s wemkCay, "lt'4 Atl MAi Carer It, 7402. GSQ, �€Rqr Nceatl 3jyfhSE$?—414"642iorg Rtt'�ixOebt ,...,,s+r+r TkJi w'MrrWya r-^-..-j AA I ,nV I i DAW TOW kvu*vh 7AL9 LAMIORNIORY HOaiRg; Week4AYs: gam _ Sptn 8ULK P€I+ E "bP4"i: t t d;ocnr TEM /J- SPE41AL. Ru9N — 24 ties- X a.a AAAA i U'' Ww -- RCRA 8 4A $ Party 9 a DUK. MP s"c€at.ti __soar _xonay WATER: tn�s;a mot? p ffiPE'iJAa. 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R(�4t.9 flQ€tR a�.TU`tR RCRAyYW T6E.n sc'r.`rA4 NUSN #�� S ij�y T+€A W TA C}3i1ER � tkugia;ra, ti+da%k �GaCtYNtw 7, j4Fhi F ,o Progmalve It rv. 14 m 7! ----- NOTE.---_..-•------ t'+B+wARi x 'ab-trove s9txnx rlwo_ 5"pi�, a'te Mots m*M%ae;rx �a��n m snot eRrl prtYpc!'=3arw rerg ¢r kre I.:pbexgraup f+tr (card r M xw rtpas , cak,,riakrxr x;3u�ewg tmm tt�s v basso yy, A 95 NiX: ioYrskt.+ltb5, oxs" rars,{pU Retlnqutalaati >�t C. a °' tm meta iti,+ae�re vr�s:ti okaau i�af„ �t me oy;xu RakprRtwy is a ow*rotb 4atarrac px �ESLdt 75: cf "- a tr,wa+„r aW % Contact Page Phone Fax Cmeti Ti whale Spurs; nym"m, eiaatw::tetasa seas Red; Saoai4r�rzr� PA�e6Rf4�CAy„€,-p�tt}tkumbEaAxe�Retde adlab: ARenSMW'P'xgra`s: W.5#1 AZMLII lk-iefl(isvr anal Fngjfleo, JT( Cr Tpuratc lkadqtmmr�r lknpldm ( clvf2jo Grand bromm, Colora&-� Cofonl&ngil"t, I t wl Col inCufw,tj4 (Mlo, N�J;qdor Lipul, Vrru EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to t e City, the insurance coverage designated hereinafter and pay all costs. Before commencing wo k under this bid, the Service Provider shall furnish the City with certificates of insurance showing the ype, amount, class of operations covered, effective dates and date of expiration of policies, and cont ining substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially al ered, 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, tits option, may take out and maintain, at the expense of the Service Provider, such insurance as the ity may deem proper and may deduct the cost of such insurance from any monies which may be du or become due the Service Provider under this Agreement. The City, its officers, agents and employ es shall be named as additional insureds on the Service Provider's general liability and automobile liab' ity 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 shal maintain during the life of this Agreement for all of the Service Provider's employees engag d in work performed under this agreement: Workers' Compensation insurance with statutory limits as required ay Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accider}t, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall main ain during the life of this Agreement such commercial general liability and automobile liabili 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 erformance of work under this Agreement. Coverage for property damage shall be on a "bro d form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, hall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Providerlshall be responsible for any liability directly or indirectly arising out of the work performed under his Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance 03/07/2006 TUE 10:35 FAX 719 867 4524 Six & Geving Q 001/001 A0011D CERTIFICATE OF LIABILITY INSURANCE 3 DATE (M ODD ""' ENVI 03 06 O6 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTE OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON CERTIFICATE Six & Geving Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT END, EXTEND OR 3630 Sinton Road, Suite 200 ALTER THE COVERAGE AFFORDED eY TH POLICIES BELOW. Colorado Springs CO 80907-5034 Phone:719-590-9990 Fax:719-590-9992 INSURERS AFFORDING COVERAGE NAICI INSURED Environmental Abatement Southwest Inc.; Falcon INSURER A: Arch Specialty Ins C EsAegr�v_iccees Inc., r.%M-TX LLC; INSURER& Allied Insurance Gro 4257E 5615 Indus}trrial Place LLC MSC Pinnacol Assurance P.O. Box 75252 Colorado Springs CO 80970 INSURERD: Argonaut Insurance an INSURER E: rnVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUMTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTA ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SU POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAW CLAIMS. MK LTR TYPE OF INSURANCE POLICY NUMM GATE UNITS A GENERAL LIABILITY X COMMERCIAL GENERALLweiun CLAIMS MADE FXOCCUR X INCL POLLUTION/ 12MV43438-01 11/27/05 11/27/06 EACH OCCURRENC s2,000,000 PREMISE$ eoau a $ 50 000 MED EXP(Any we son) $5 000 PEIWNAL$Awl $ 2 000 000 ASBESTOS GENERAL AGGR TE $ 2 OOO OOO GENL AGGREGATE LIMIT APPLIES PER: X PoucY LoC PRODUCTS -COMP PAGO $2 000 000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS .. '.. SCHEDULED AUTOS HIREDAUTOS ACP7550805635 .:........: ....-..:_.... -'..... '... .... ...._ 02/02/06 02/02/07 COMBINED SINGLE MfT (Ea ealdem) $1,000,000 X BODILY INJURY ( oI $ (Peruddenq---------- NON -OWNED AUTOS PROPERTY DAMAGE (Perecddenu $ GARAGE LIABILITY ANYAUTO AUTO ONLY. EAA DENT $ OTHERTHAN AUTO ONLY: ACC S AGO f EXCESSAIMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE - RETENTION $ EACH OCCURRENCE f AGGREGATE f s $ s C D WORKERSCOMPENSATIONAND MPLOYER$ OROMCUTIVE oFFI EXUDE Ifye� WiO $PEGALONS below 4028665 WC47685825843: TX& 04/01/05 08/08/05 04/01/06 04/01/06 X ITORYLArrs ER EL EACH ACCIDENT 41,000 000 E.L. DISEASE -EA EM E$i 000 000 EL DISEASE-POL LIMIT $1 00O 000 B IS OTHER Inland Marine lProp-RCISpee Form ACP7540805635 ACP7540805635 02/02/06 02/02/06 02/02/07 02 02/07 Contr E B1 $60,815 563 000 DESCRIPTION OF OPERATIONS / LOCATpNB / VEIICLES I EXCLUSONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Proof of Insurance. Job: #5961 Leasd & Asbestos Abatement. Cert holder is named Liability Additional Insured. fax: 970-221-6707 FTCOL-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCI LLEDBEFORE THE EXPIRATRN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO lO DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1VT FAILURE TO DO SO SHALL City of Ft. Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH 1 INSURER ITS AGENTS OR 215 N Mason St, 2nd Floor Ft. Collins CO80522-0580 REPRESENTATIVES. ACORD 26 (200U08) the prior written consent of the City. 9. Acceotance Not Waiver. The City's approval or acceptance of, jor payment for any of the services shall not be construed to operate as a waiver of any provided to the City under this Agreement or cause of action arising out of Agreement. 10 11 Warranty. (a) Service Provider warrants that all work performed I performed with the highest degree of competence and with accepted standards for work of a similar nature. or benefits of this rider shall be in accordance (b) Unless otherwise provided in the Agreement, all materials nd equipment incorporated into any work shall be new and, where not s ecified, of the most suitable grade of their respective kinds for their inten d use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor provided under this Agreement, except City-furnisF equipment and labor, against defects and nonconformar materials and workmanship/workwomanship for a period the start of the work and ending twelve (12) months from acceptance under the Agreement, regardless whether tl furnished or performed by Service Provider or by any of its of any tier. Upon receipt of written notice from City of any nonconformances, the affected item or part thereof shall repaired or, replaced by Service Provider in a manner acceptable to City. Default. Each and every term and condition hereof shall be material element of this Agreement. In the event either party should fail or according to the terms of this agreement, such party may be declared in default other work, materials, in design, finning with d after final same were ch defect or redesigned, i at a time to be a to perform 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, the default remains uncorrected, the party declaring default may elect to (a) Agreement and seek damages; (b) treat the Agreement as continuing and re performance; or (c) avail himself of any other remedy at law or equity. If the non-d commences legal or equitable actions against the defaulting party, the defaulting SA January 2005 3 In the event rminate the .lire specific aulting party )rty shall be liable to the non -defaulting party for the non -defaulting parry's reasonable attotney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, cpnstitutes the entire agreement between the parties and shall be binding upon said parties, Itheir 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 an all actions, suits, claims, demands or liability of any character whatsoever brought or asserted or injuries to or death of any person or persons, or damages to property arising out of, r suit 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, I the Service Provider shall provide and maintain insurance coverage naming the City as On additional insured under this Agreement of the type and with the limits specified with! Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this refe ence. The Service Provider before commencing services hereunder, shall deliver to the Ci Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 certificate evidencing the insurance coverage required from an insurance compe to the City. 15. Entire Agreement. This Agreement, along with all, Exhibits and incorporated herein, shall constitute the entire Agreement of the parties. representations not contained in this Agreement shall not be binding on the parties. Director of s copy of a acceptable documents Tenants or SA January 2005 4 16. Law/Severability. The laws of the State of Colorado shall govern toe 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 ju isdiction, such holding shall not invalidate or render unenforceable any other provision of this A reement. CITY OF FORT COLLINS, COLORADO a municipal corporation Jame B. 'Neill II, CPPO, FNIGP Direct f Purchasing and Risk Managem Date: is Environmental Abatement Southwest Inc. .-7 By: P T NAME 7 ORPORATE PR ESID OR VICE PRES Date: A� (Corporate Seal) b p CORPORATE SECRETARY „. SA January 2005 5 Scope of Work for Lead - Paint Removal and Surfs Preparation City of Fort Collins Nix Natural Area -Barn Structure 1745 Roffman Mill Road Fort.Cofts,, Colorado WALSH Project Number: 5396-020 JOUAry fi, 2906 and Fligineerq, I.J.-C, Scope of Work for Lead. -Based Paint Rem Surface Preparation City of Fort Collins Nix Natural Area -Barn Structure 1745 Hoffman Mill Road Fort Collins, Colorado January 6,2006 Prepared fkm Mr, Steve White Project Manager City of Fort, Collins Operations Services Department P.O. Box 580 Fort Collins, Colorado 80522-05.90 Prepared by: Reviewed by. castell Environmental Troy S ers"pcjf Branchlanaver Submided by WALSH ENVIRONMENTAL SCW4 NTISTS AND ENGJNKERSI 2629 Redwing Road, Suite 280 Fort Collins, Colorado 80526 (970) 223.5655 WALSH ftnect NwAbev: 5386-620 Environmental Scientists and Engineers, LLC TABLE OF CONTENTS 1 PROJECT SUMMARY....................................................................................� ..............1 2 SCOPE OF WORK............................................................................................................ 2 2.1 Paint to be Removed....................................................................................................... 2 2.2 Area to be Prepared for Repainting................................................................................. 2 2.3 Recommended Removal, Surface Preparation, and Cleanup Techniques ....................... 2 2.4 Waste Handling/Disposal................................................................................................ 3 2.5 Special Considerations.................................................................................................... 3 3 WORKER PROTECTION................................................................................ ............. 4 3.1 Lead Compliance Program.............................................................................................. 4 3.2 Lead Worker Health and Safety Regulations.................................................................. 4 3.3 Additional Regulations.. ... ............ ......... ......... ................. ............... 5 4 VISUAL CLEARANCE..................................................................................................... 6 LIST OF APPENDICES APPENDIX A XRF SCREENING RESULTS AND ASBESTOS ANALYTICA RESULTS City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 Environmental Scientists and Engineers, LLC LIST OF ACRONYMS AND ABBREVIATIONS CDPHE Colorado Department of Public Health and Environment CFR Code of Federal Regulations DOT United States Department of Transportation EPA United States Environmental Protection Agency HEPA High Efficiency Particulate Air HUD United States Department of Housing and Urban Development LBP Lead -Based Paint OSHA United States Department of Labor, Occupational Safety and Health Administration PEL Permissible Exposure Limit RCRA Resource Conservation and Recovery Act TWA Time -Weighted Average WALSH Walsh Environmental Scientists and Engineers, LLC XRF X-Ray Fluorescence mg/cm2 Milligrams Per Square Centimeter µg/m3 Micrograms Per Cubic Meter City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 11