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Home My WebLink AboutBID - 5961 LEAD BASED PAINT ABATEMENT NIX FARM (3)CITY OF FORT COLLINS INVITATION TO BID ty laf Fart Collin, BID 5961 i ead-Based Paint Abatement @ Nix Farm -Barn BID OPENING: 3:00 p.m. (our clock), February 2, 2006 Sealed bids will be received and publicly opened at the office of the Director of Purc asing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorad 80522, at the time and date noted on the bid Proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2" Floor, Fort Collins, Colorado 80524. If mailed, theaddress is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), February 2, 2006. A pre -bid meeting will be held January 19, 2006 at 10:00 a.m. at the site. Questions concerning the scope of the bid should be -directed to Project ManagE r Steve White, (970) 221-6273. Questions regarding bid submittal or process should be directed to John D. Stephen} CPPO, CPPB Senior Buyer (970) 221-6777. A copy of the Bid may be obtained as follows: Download the Bid from the Purchasing Webpage, Current Bids pagje, at: https://secure2.fcqov.com/bso/lo.gin.*sp. 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins] and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the da a and hour set for closing. Once bids have been accepted by the City and closing has occurred, faili ire to enter into contract or honor the purchase order will be cause for removal of supplier's name f om the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specificatilons contained in the City's specifications initially provided to the bidder. Any proposed modifi tion must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids sh�uld be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any p rson, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applica le. 215 North Mason Street 9 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 - Fax (970) 2 1-6707 wwwJcaov.com Environmental Scientists and Engineers, LLC 2.4 Waste HandlinglDisposal ■ The selected contractor is responsible for proper waste containerizatior, storage, characterization, and labeling in accordance with applicable federal, state, and local regulations. ■ All lead -contaminated waste will be bagged or wrapped in six millimeter po yethylene 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 sit(. • 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, bris, and waste water in accordance with applicable federal, state, and local regulations. 2.5 Special Considerations ■ Prior to the start of any field work, the selected contractor is required to written lead compliance plan to the building owner and/or owner's representat ■ Electricity (115 volt) is available at the site. The contractor is responsible for any rework wiring required. Any rework wiring required must be done by a and licensed electrician. ■ Water and sewer service is available at the site. All waste water will be filtered, and disposed of in accordance with local wastewater facility requirem ■ Removal and surface preparation methods should be chosen to minimize the € of dust (e.g. wet methods and/or HEPA filter equipped sanders). • Selected contractors shall take steps to prevent the transport of dust, debris contamination to adjacent portions of the site. ■ All of the exterior window glazing on the barn structure (approximately 2401 contains a trace (less than 1.0 percent) amount of asbestos. This material is not regulated by the USEPA or the CDPHE. If this material is disturbed, the must comply with all current OSHA regulations for monitoring employee ea asbestos, as well as comply with proper disposal requirements (if removed). I material is disposed, the selected contractor will provide a copy of the compy manifest to the owner and/or the owner's representative. Analytical resul asbestos samples collected are included in Appendix A. ■ All waste and debris generated by the selected contractor during the ren surface preparation activities must be disposed of as a hazardous was characterized as non -hazardous. The contractor may, at their own expense, and characterize different waste streams (i.e. personal protective equipme filters, polyethylene sheeting, etc.). Analytical results of all waste characteriz; must be submitted to the owner and/or the owner's representative. The col responsible for all costs associated with the analytical testing and proper d these lead -contaminated materials. In addition, the selected contractor will copy of the completed waste manifest to the owner and/or the owner's represel ■ The building owner and/or owner's representative will provide a final visual i for all work areas. Clearance protocols will include a visual inspection to submit a qualified or other ear feet) ;urrently mtractor �osure to asbestos ,d waste for the wal and unless water i tests :tor is sal of Tide a City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 116/2006 3 Environmental Scientists and Engineers, LLC that each specified area is free of loose paint and visible dust and that the surface is ready for repainting. The final project clearance criteria are described in Sect' on 4. ■ The selected contractor is responsible for removing any/all fixtures, fixed objects, and other items that may be required to facilitate removal and surface prepara ion. The contractor is responsible for reinstalling any removed items unless the item i noted for removal and disposal. 3 WORKER PROTECTION 3.1 Lead Compliance Program The selected contractor is responsible for developing and implementing a site-speci is written lead compliance program for the project. A written plan for this lead compliance program must be submitted and approved by the owner and/or the owner's representative prior to the start of any work. After the plan is approved, a copy must be available throughout the duration of project for subsequent on -site inspection. The following items are conside ed major 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 29 CFR 1926.62. This standard applies to all construction work where employees may be e posed to lead, including renovation and remodeling activities. During the LBP removal and p eparation functions the selected contractor must comply with all requirements outlined in 29 CFR 1926.62. Briefly summarized, the standard requires the following: 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 mployees potentially exposed to airborne (fume and dust) lead. ■ Establish a lead action level of 30 micrograms per cubic meter (µg/m) of air alculated over an eight -hour time -weighted average (TWA) period. ■ Establish a lead permissible exposure limit (PEL) of 50 µg/m3 of air averaged over an eight -hour TWA period. • Conduct preliminary exposure assessment (air monitoring) to determine that the airborne lead concentration has not exceeded the action level or the PEL. ■ Provide adequate protection of employees during the preliminary exposure as ssment. ■ Apply engineering and administrative controls or respiratory protection fo 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 abovt the PEL without regard to the use of respirators. ■ Conduct biological testing consisting of blood sampling and analysis for It 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 an 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 5 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. r owner's 11 confirm 1, and that ready for City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 6 Environmental Scientists and Engineers, LLC APPENDIX A XRF SCREENING RESULTS AND ASBESTOS ANALYT 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 Location Component Type Visible Color Number of XRF Range mgtcm2Readings or AAS % Lead -Base I Paint Comments Exterior Door, Door trim, window trim, White and 13 0.52 to 8.43 Yes window frame, and wall green Exterior Door and door trim White and 6 -0.47 to 0.10 No 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: Subcontract Number: Laboratory Report: Project Description: RES NA RES 121 04-1,2 COFC Nix Farm Barn Reservoirs Environmental, Inc. is an analytical laboratory accredited for the analysis of li and Environmental matrices by the National Voluntary Laboratory Accreditation Progra Code # 101896 and the American Industrial Hygiene Association (AIHA), Lab ID 10153 Certificate #480. This laboratory is currently proficient in both Proficiency Testing am respectively. Reservoirs Environmental, Inc. has analyzed the following samples for asbestos cone 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 high and the sole property of the customer. Reservoirs Environmental, Inc. will not discuss any with personnel other than those of the client. The results described in this report only app analyzed. This report must not be used to claim endorsement of products or analytical res any agency of the U.S. Government. This report shall not be reproduced except in ful approval from Reservoirs Environmental, Inc. Samples will be disposed of after sixty da storage is requested. If you have any questions about this report, please feel free to call 3 Sincerely, Jeanne Spencer Orr President Analyst(s): Paul D. LoScalzo Wenlong Liu Paul F. Knappe Rich Wegrzyn Michael Scales iustrial Hygiene i (NVLAP), Lab - Accreditation PAT programs as per your hodologv as confidential art of this study to the samples :s by NVLAP or without written 3 unless longer -964-1986. 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: Turnaround: 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, 2005 Analyst: MS Page 2 of 2 lent Sample Number Lab ID Number L A Sub �� on Asbestos on Fibrous Y Physical Part Fibers Component E Description (%) Mineral I visual Components (%) R i Estimate (, (% 5386010-BARN-OT01-01 EM 59981 A Black granular tar 100 ND TR 100 5386010-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, < 1 % Visual Estimate Trem-Act = Tremolite-Actinolite Data QA RESERVOIRS ENVIRONMENTAL, INC. 2069 Bryant St, Dmver CO 80211 Due Dale tt r tr�� Dues Time- RES 121304 2F1aINP'LtU,5U0MITTW HT: ENWCE TOt (IF_DIFFERENT) .—._�.. Walsh Eat SaanlssE&and :3.{.0--•••••.••,—•,• °°••�• F.�zrgay 2629 RkK�t'tii: R9ad Su€ta'26q _ _.•..," Fat CoQisrs: C€i 80526 mn iAI IIng P,rCasEa l Nam: l70- E-6655' 970 2 3867i wv r 9Ta 5a7 asp cux it C. Seerrdea� Pam. 870 J.6865' >� 9?#:24�-8bT! sTersa�n4 C.8 $386-0t0 Fs+ILievt Llrrt Ad tckn to,. CC}FC Na Famt 6atn "T Haueat okand CNARGE: Amount i Authodud by: Addiiiarra$ ices uppaj for after hows and holidays fOr All analySis Wes, Samples vAD be analyzed duriN mmral daborawry htwr �r�1. t,m. aSrt ❑t tu4 Tutirnctund sv ts>. 2 u tetra. You tirali. tie rgttitCd EF dei ate e� . ed.. uhjEss attic rMSo arranged and ASBESTOS LABORATORY HOURS: Weekdays; yarn - 7pm ANALYTICAL METHOV AIR ;tea ?4MA 140M, �xa Eli AMEBA, t, I), T432— ;S9: PCMIPLM 2RMW RUSH �$4ra," x 3-6 w4dkdayaI .^1arsfAC+ iS AA iICP "'Mo lrxfaeKi: P+erd Cttattf417 RCRAE T$M _5 fanrRV9h1 zataur a5aea isya w TNni ie � '� P t�:ar.4x�PEs�ViR643 'E#�2ixna RK.'Str 6{ LK, X 'L� #A W, cM ' & esPan Poms C 't METALS LABORATORY HOURS: Weekdays: Sam." � Emi. uwix AA sixectALRUSH ,P440W X i6Day k , P §ASTME t?W RCRAE — SPECIALR _ &Day to DAY YYA7FR � tLu bnr*N WwAo AA 6kmW ,%V Wp:as ady.Y ar j TCLP sgran eusr+ aQ.y tomT c-*n2, 'Alt �Aiw NOcn RaiMtO rm $PECA@L R£?afrE &,A..Et:1tn eY 'Lz.k OTHER RC RA And TftP SMIAL faustr 4 3 flay rwna_Mow —RCRA8 Cyr! Progressive Vaklme t, surariis.,.tr� ;r�mcr �Y,t,Lf �p % :G_t?_r..� a p V.rt^i� i$ Sd"°G�eS 4J5 AC! .'t �: 5£ 8SY-0U°'f tt�l.Sed�3` N �Pd. nFficiN } f ti$. !4i pa rxt*6pl�pvdi a 4'B ia�CaT,3y�. ^ter ftLW44 n sit t'L¢°a:. ea a:34*% f r =' °+�'i ��'° `�+r%pP91;za5r�k1 C�iWRT Eb9b`3 s{s"eY=6etsalr..^Srs+:a^nM . �X1B114hAr i3Yleldh'bN � i✓AZ j%tY-'= bS '^�',A; pY'I SrtYI f 3fi. (ii3 ,� � P" — Rolinqutahed By. Laboratory Use Onty €t . .; k4"*� ed iij, ,a C�.# a} ;:mob k,s: �- �.� .„..�. �f,./�j�-. RF5IJLTS^. contae, Page Phone Fax Email Ee 11rne In,,,tiaks SPLITS: AeaBfiu'rriaat*n 6yt; ame Lali llenehiC kern Sheete ReCotwoci Analytical hSa3i d TuaYist t tl 1im@' Ckats', av zz ResuftDual Results4tst PazaF�a:Eaa3}e6e-: rsz:{aoxbers.a27a t,XAra i-Ee+g•RestTvsrr"ra9-wsaY PAGER: UWALL Ragef numbe awe.SaNa at Lab AFNIT& A Vayim'a,. PLklrrEat 59 IS7 PCWVeW* 150)§.?ASa (AFTER ODORS SR ONLYi -&:m WCAMMA, rwn,-,Dp O'N -Bou�-,- k e!w�s�O Lions lou Bidders not responding to this bid will be removed from our automated vendor commodities. The City may elect where applicable, to award bids on an individual item/group bid basis, whichever is most beneficial to the City. The City reserves the right to and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Coun financial interest in the sale to the City of any real or personal property, equip supplies or services where such officer or employee exercises directly or indirectl making authority concerning such sale or any supervisory authority over the services This rule also applies to subcontracts with the City. Soliciting or accepting any gift entertainment, kickback or any items of monetary value from any person who has or business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid entered as separate pricing on the proposal form. for the subject or on a total or reject any il, shall have a lent, material, any decision- o be rendered. gratuity, favor, s seeking to do All freight ures and not Purchasing restrictions: your authorized signature of this bid assures your firm's c mpliance with the City's purchasing restrictions. A copy of the resolutions is available for review in he Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejecte J and reported to authorities as such. Your authorized signature of this bid assures that such bid is enuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addresse envelope and a bid tally will be mailed to you. Bid results will be posted in our office Pening. B. O'Neill II, CPPO, FNIGP r of Purchasing and Risk Management self -stamped days after the SA January 2005 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter r "City" and , hereinafter referred to as "Service WITNESSETH: In consideration of the mutual covenants and obligations herein and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide servia with the scope of services attached hereto as Exhibit "A", consisting of (_ incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed Agreement shall be performed in accordance with the Work Schedule attached and between to as the it is agreed by in accordance page[s], and rsuant to this as Exhibit "B", consisting of ( ) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services t be performed pursuant to this Agreement shall be initiated within ( ) ays following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed up n in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full fc rce and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the opti n of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contr ct end. 4. Contract Period. [Option 2] This Agreement shall commence , 200_, and shall continue in full force and effect until , 200_, unless sooner termina ed as herein provided. In addition, at the option of the City, the Agreement may be extended for e dditional one SA January 2005 4 year periods not to exceed _ (_) additional one year periods. Renewals and pricino changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU 1frenewalshall blished by the Colorado State Planning and Budget Office will be used as a guide. Written notice be provided to the Service Provider and mailed no later than ninety (90) days prior t¢ contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negli4ence, 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 Orovide written notice to the City of such condition within fifteen (15) days from the onset of such [Early Termination clause here as an option. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing wrtten notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (1 ) days prior to the termination date contained in said notice unless otherwise agreed in writing by t e parties. All notices provided under this Agreement shall be effective when mailed, postage prep id and sent to the following addresses: City: Service Provider: In the event of early termination by the City, the Service Provider shall be paid forTServie ndered to the date of termination, subject only to the satisfactory performance of the vider's obligations under this Agreement. Such payment shall be the Service Provider's sale right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the perforrrjance of this Contract, subject to additions and deletions provided herein, the sum of I Dollars SA January 2005 5 ($ ) [Option Cost Breakdown is attached Exhibit "C"] 8. City Representative. The City will designate, prior to representative who shall make, within the scope of his or her authority, all decisions with reference to the services provided under this agreement. All requests agreement shall be directed to the City Representative. : of the work, its and proper this 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or be efits or for any other purpose. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be cogsidered as an agreement for personal services. Accordingly, the Service Provider shall neitler assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or pa0ent 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 12. Warranty. (a) Service Provider warrants that all work performed hereuhder shall be performed with the highest degree of competence and care n 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 ar provided under this Agreement, except City -furnished materic and labor, against defects and nonconformances in design, workmanship/workwomanship for a period beginning with tl d other work, Is, equipment 'materials and e start of the SA January 2005 6 work and ending twelve (12) months from and after final as the Agreement, regardless whether the same were furnished Service Provider or by any of its subcontractors of any tier. written notice from City of any such defect or nonconformanc item or part thereof shall be redesigned, repaired or repla Provider in a manner and at a time acceptable to City. Dtance under performed by )on receipt of the affected d by Service 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform 4ccording to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the remains uncorrected, the party declaring default may elect to (a) terminate the Agi damages; (b) treat the Agreement as continuing and require specific perform; himself of any other remedy at law or equity. If the non -defaulting party corr equitable actions against the defaulting party, the defaulting party shall be li defaulting party for the non -defaulting parry's reasonable attorney fees and costs of the default. it the default ent and seek ; or (c) avail ces legal or to the non - red because 15. Binding Effect. This writing, together with the exhibits hereto, constitgtes the entire agreement between the parties and shall be binding upon said parties, their officer4, employees, agents and assigns and shall inure to the benefit of the respective survivors, h4irs, personal representatives, successors and assigns of said parties. 16, Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all e claims, demands or liability of any character whatsoever brought or asserted for injuric of any person or persons, or damages to property arising out of, result from or connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performi hereunder to prevent injury to persons and property. ions, suits, to or death ccurring in t the work SA January 2005 7 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 ins ured under this Agreement of the type and with the limits specified within Exhibit _, consisting cf (_) pages[s], attached hereto and incorporated herein by this reference. The Service Orovider before commencing services hereunder, shall deliver to the City's Director of Purche sing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent ju isdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit_, con fisting of ( ) page[s], attached hereto and incorporated herein by this reference. SA January 2005 8 CITY OF FORT COLLINS, COLORADO a municipal corporation James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk M Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Corporation's name] or [Insert Partnership name] or [Insert individual's name] Doing business as [insert name of By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESI Date: ATTEST: CORPORATE SECRETARY (Corporate Seal) SA January 2005 9 2. EXHIBIT B INSURANCE REQUIREMENTS The Service Providerwill provide, from insurance companies acceptable to the City, designated hereinafter and pay all costs. Before commencing work under this bi shall furnish the City with certificates of insurance showing the type, amount, class effective dates and date of expiration of policies, and containing substantially the "The insurance evidenced by this Certificate will not be cancelled or materially 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 and maintain, at the expense of the Service Provider, such insurance as the City m; deduct the cost of such insurance from any monies which may be due or become c under this Agreement. The City, its officers, agents and employees shall be name on the Service Provider's general liability and automobile liability insurance policies 1 of work performed under this Agreement. Insurance coverages shall be as follows: insurance coverage the Service Provider operations covered, lowing statement: except after ten (10) s option, may take out deem proper and may e the Service Provider as additional insureds r any claims arising out 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 wor performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required 2. Employer's Liability insurance with limits of $100,000 per accid aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintc Agreement such commercial general liability and automobile liability ins coverage for damage claims of personal injury, including accidental death, property damage, which may arise directly or indirectly from the performe Agreement. Coverage for property damage shall be on a "broad form" insurance for each coverage, Commercial General and Vehicle, shall not combined single limits for bodily injury and property damage. Colorado law. $500,000 disease during the life of this ince as will provide well as for claims for e of work under this sis. The amount of less than $500,000 In the event any work is performed by a subcontractor, the Service Provider4hall be responsible for any liability directly or indirectly arising out of the work performed unde this Agreement by a subcontractor, which liability is not covered by the subcontractor's insun . BID #5961 LEAD -BASED PAINT ABATEMENT @ NIX FARM -BARN BID OPENING: February 2, 2006, 3:00p.m., (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIRE LEAD -BASED PAINT ABATEMENT @ NIX FARM -BARN PER THE BID INVITA' ANY REFERENCED SPECIFICATIONS AND DRAWINGS: TS FOR AND The City of Fort Collins' is requesting bids for the lead -based paint removal and surfce preparation at Nix Natural Area located at 1745 Hoffman Mill Road, Ft Collins. Lead based Vaint containing materials must be removed in accordance with applicable Federal, State and local requirements, and Asbestos Abatement Work Plan. Project must be completed within 14 working days or as approved by the P Contractor must enter into the attached Service Agreement and name the City of F additional insured per Exhibit "B". A pre -bid meeting will be held January 19, 2006 at 10:00 a.m. at the site. If questions on these specifications, please call Steve White, Project Manager at Purchasing questions should be referred to John Stephen, CPPO, CPPB, Senior E 6775. BID SCHEDULE !ct Manager. Collins as an 1-6273. at970-221- Our firm will remove lead -based paint (LBP) and perform surface preparation by com etent persons trained, knowledgeable and qualified in the techniques of LBP removal, surface prellaration, waste disposal and OSHA lead compliance. The Contractor must comply with all app cable federal, state, and local regulations and be capable of performing the work specified in the Opecifications. Lump Sum FIRM NAME Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE ADDRESS PHONE/FAX # SA January 2005 3 Scope of Work for Lead - Paint Removal and Surfs Preparation City of Fort Collins, Nix Natural Area -Barn Structure 1745 Hoffman Mill Road Fort Collins, Colorado WALSH Project Number: 5386-020 JaOuary k, 2006 Environmental Scientists and Engineers, FITIC ised Scope of Work for Lead -Based Paint Removall and Surface Preparation City of Fort Collins Nix Natural Area -Barn Structure 1745 Hoffman Mill Road Fort Collins, Colorado Januaty 6., 2006 Prepared for: Mr. Steve white Project Manager City of Fort Col I ills Operations Services Department P.O. Box 580 Dorf Collins, Colorado 80522-0580 Prepared by: Reviewed by: Castel] Environmental Troy Sanilers. PG Brar fuiaLlei' ,Yuhnurled WALSU ENVIRONMENTAL SCIENTISTS AND ENGINFURS, I 2629 Redwing Road, Suite 280 Fort Collins, Colorado 80526 (970) 223-5655 WAf,S14 PTOjmt Number -5386-020 -wA44, Environmental Scientists and Engineers, LLC TABLE OF CONTENTS 1 PROJECT SUMMARY.........................................................................................j............. I 2 3 4 SCOPEOF 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 WORKERPROTECTION................................................................................................ 4 3.1 Lead Compliance Program.............................................................................................. 4 3.2 Lead Worker Health and Safety Regulations.................................................................. 4 3.3 Additional Regulations.................................................................................................... 5 VISUALCLEARANCE..........................................................................................[............ 6 LIST OF APPENDICES APPENDIX A XRF SCREENING RESULTS AND ASBESTOS ANAL RESULTS City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 1 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 ii 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 t e City of Fort Collins to develop Scope of Work for lead -based paint (LBP) removal an surface preparation activities at the Nix Natural Area -Barn Structure, 1745 Hoffinan Mill ad, Fort Collins, Colorado. The activities described in this Scope of Work are not in nded to permanently contain or eliminate the LBP hazard and therefore is not a State of olorado Regulation 19 "Abatement Project," but instead is intended to prepare and restor painted exterior portions of the structure while adhering to the U.S. Department of Labor, Occ Ipational Safety and Health Administration (OSHA) regulations, Resource Conservation and Zecovery Act (RCRA), and any other applicable regulations. OSHA regulates worker exposu a to lead under regulations promulgated under 29 Code of Federal Regulations (CFR) 1926. i2. This standard applies to all construction work where employees may be occupationally a posed to lead, including renovation and remodeling activities. During the LBP removal and pr aration functions the selected contractor must comply with all requirements outlined in 29 CFR 1926.62. The general scope for this project is as follows: ■ Remove loose and damaged paint form exterior painted building compon nts and 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 accorda ice with applicable federal, state, and local regulations. The exterior paint on the structure was observed to range from a fair to very poor c ndition. The exterior of the structure was screened for LBP with a portable X-ray fluorescenc (XRF) spectroscopy analyzer, by WALSH on October 26, 2005. The U.S. Environmental PI otection Agency (EPA), Colorado Department of Public Health and Environment (CDPHE), OS HA, and other agencies define LBP as paint having a lead content of greater than or equZ I to 1.0 milligrams per square centimeter (mg/cm2) using XRF analysis. Select exterior typica painted components of the structures were evaluated for the presence of LBP. A table inc uded in Appendix A provides a summary of the painted components screened for lead at the sitt and the screening results. XRF analysis results identified several components that contained lez d above the 1.0 mg/cm2 level. City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1/6/2006 1 1 Environmental Scientists and Engineers, LLC The following sections of this scope of work describe the areas of LBP to be removed prepared, recommended work practices, and basic OSHA regulatory compliance issues. An 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 rel ainting at the Nix Natural Area -Barn Structure, 1745 Hoffman Mill Road in Fort Collins, Colo 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 tI, surface preparation, waste disposal, and OSHA lead compliance. The paint to be removed a id 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 equipped vacuums, wet sanded, or wet scrapped until smooth and then "feathered ou " When complete all surfaces must be smooth and dust free to allow for proper paint a4hesion. 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 ter feet out from the structure. ■ Pre -wet (mist) painted surfaces to be prepared to minimize dust generati n during preparation activities. ■ Sand with HEPA filter equipped sanders; wet sand, and/or wet scrape all del eriorated surfaces. ■ Wet wipe all surfaces using a high -phosphate detergent solution to remove visi le dust. ■ After drying, vacuum all surfaces with HEPA filter equipped vacuums. City of Fort Collins, Nix Natural Area —Barn Structure, Lead -Based Paint SOW - 1 /6/2006 2