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HomeMy WebLinkAbout439159 DARO TECH LTD - CONTRACT - BID - 6081 ASBESTOS ABATEMENT AT THE ANDRIJESKI PROPERTYSERVICES 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 Daro Tech 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 Seventeen (17) pages 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 within Five (5) days of signing and services shall be completed within Fourteen (14) days of execution of agreement 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 the parties All notices provided under this Agreement shall be effective when mailed postage prepaid and sent to the following addresses rev 09/01/06 1 ASBESTOS ABATEMENT WORK PLAN CITY OF FORT COLLINS FORMER ANDRIJESKI PROPERTY 1425 NORTH OVERLAND TRAIL FORT COLLINS, COLORADO December 21, 2007 Prepared for Mrs Karen Manci City of Fort Collins Natural Resources Department 1745 Hoffman Mill Road P O Box 580 Fort Collins, Colorado 80522-0580 Prepared by Reviewed by RNA Michael P Castell Environmental Scientist Certified Asbestos Inspector/Management Planner, Designer, Au Monitoring Specialist T e sue.. Troy C Sanders PG CHMM Branch Manager Certified Asbestos Inspector/Management Planner Submitted by WALSH ENVIRONMENTAL SCIENTISTS AND ENGINEERS, LLC 2629 Redwing Road, Suite 280 Fort Collins, Colorado 80526 Phone (970) 223 5655 Fax (970) 223 8577 www walshenv corn WALSH Project Number 7325 010 =w� Environmental Scientists and Engineers LLC TABLE OF CONTENTS 1 INTRODUCTION 1 2 SCOPE OF WORK 1 2 1 ACM AND MATERIALS CONTAINING TRACE AMOUNTS OF ASBESTOS TO BE REMOVED 1 22 WORK PROCEDURES 2 2 2 1 INSPECTIONS BY OWNER/OWNERS REPRESENTATIVE 3 222 MAXIMUM ALLOWABLE ASBESTOS LEVEL (MARL) 5 3 SPECIAL CONSIDERATIONS 7 4 SUBMITTALS 7 41 PLAN OF ACTION 7 42 TECHNICAL SUBMITTALS 7 5 SCHEDULE 8 6 PROJECT COORDINATION 8 7 INSURANCE 8 8 QUALIFICATIONS AND LIMITATIONS 9 LIST OF TABLES TABLE I ACM AND MATERIALS CONTAINING TRACE AMOUNTS OF ASBESTOS TO BE REMOVED FORMER ANDRIJESKI PROPERTY I LIST OF APPENDICES APPENDIX A FIGURES Figure 1 ACM and Trace Materials to be Removed — Floor 1 House Figure 2 ACM to be Removed — Floor 2 House Figure 3 ACM to be Removed — Barn Building F IW IaM1 flp:umeiu\PvlecuW bea�os Lead\C ry I tOO C II M COFC An jmk PropaM\PmDemO In Wto = WOA Plan\7323 010 Md jl Wm Plan 12 2107 i pdfd0 =w� Environmental Scientists and Engineers LLC ACRONYM/ABBREVIATION LIST The following acronyms and abbreviations have been used in this Work Plan for the City of Fort Collins Former Andnleski Property project located at 1425 North Overland Trail, in Fort Collins Colorado ACM Asbestos -Containing Material CDPHE Colorado Department of Public Health and Environment CFR Code of Federal Regulations DOT United States Department of Transportation EA Each f/cc Fibers per cubic centimeter f/m3 Fibers per cubic meter HEPA High Efficiency Particulate Air LF Linear Feet MAAL Maximum Allowable Asbestos Level NAM Negative Air Machine NIOSH National Institute for Occupational Safety and Health Owner City of Fort Collins PCM Phase Contrast Microscopy SF Square Feet Site Former Andnleski Property, 1425 North Overland Trail, Fort Collins, Colorado s/mmz Structures per square trullimeter TEM Transmission Electron Microscopy US United States USEPA U S Environmental Protection Agency WALSH Walsh Environmental Scientists and Engineers, LLC F\Walsh Docemmd\Pmfecm SA t a iead\C ty H`04C 11 m`COFCA wn k Hopary\ v moMp end Wok PIM\7325-010A jak Wink PIen 122107fo pdfd Environmental Scientists and Engineers LLC ASBESTOS ABATEMENT WORK PLAN CITY OF FORT COLLINS FORMER ANDRIJESKI PROPERTY 1425 NORTH OVERLAND TRAIL FORT COLLINS, COLORADO INTRODUCTION Walsh Environmental Scientists and Engineers LLC (WALSH) conducted a building inspection on July 8, 2004 and a supplemental inspection on December 3, 2007 at the City of Fort Collins (Owner) former AndrUeski Property (the Site) located at 1425 North Overland Trail, Fort Collins, Colorado The scope of work of the inspections consisted of performing a visual assessment and collecting bulk samples of suspect building materials The intent of this phase of the project is to remove asbestos containing materials (AGMs) and materials that contain a trace amount of asbestos at the Former Andnjeski Property prior to demolition of the structures 2 SCOPE OF WORK The work specified herein shall be the removal of ACMs and materials that contain a trace amount of asbestos at the Site by competent persons trained knowledgeable, and qualified in the techniques of asbestos abatement This includes the handling and disposal of ACM and asbestos contaminated materials and the subsequent cleaning of contaminated areas The abatement contractor (Contractor) must comply with all applicable federal, state, and local laws and regulations, and be capable of performing the work specified in this Work Plan In addition, the Contractor is responsible to obtain all necessary permits and make all required notifications 2 1 ACM and Materials Containing Trace Amounts of Asbestos to be Removed The following table lists the locations, materials, percentage, and type of asbestos as well as the approximate quantities of ACMs and materials containing trace amounts of asbestos to be removed TABLE 1 ACM and Materials Containing Trace Amounts of Asbestos to be Removed Former Andrileski Property 1425 North Overland Trail, Fort Collins, Colorado Material Description Material Location* Material Type Friability Percentage and Type of Approximate Asbestos Quantity" CB01 Gray Extenor of main Miscellaneous CategoryII 15% 1400 SF cement board residence Non friable Chrysoble siding 7325010 AMji wink Plan 12 210 k pdfd Environmental Scientists and Engi eers LLC Material Description Material Location* Material Type Friability Percentage and Type of Approximate Asbestos Quantity" 5S02 - White Center room Surfacing Friable 2%-3% 136 SF streaked texture and hallway at Chrysotile bottom of stairs 5S03 Medium Northwest Surfacing Fnable 3% 195 SF knockdown bedroom and Chrysotile texture bathroom MA01 - Black Center room Miscellaneous Category II 10% 576 SF adhesive NW bathroom Non -friable Chrysotile associated with and closet of wall paneling NW bedroom MA03 - Dark NW bedroom Miscellaneous Category II 3e/u-4% 432 SF Brown adhesive Non friable Chrysotile associated with wall paneling PL02 White South wall of Surfacing Category II < 0 25% 144 SF granular plaster center room Non friable Chrysotile with black speckles RSL01 Black Base of Miscellaneous Category 1 12% 50 LF tar roofing chimney east Non friable Chrysotile sealant edge of garage roof and roof penetrations SVF03 Yellow Northwest Miscellaneous Category II 17% 36 SF sheet floonng bathroom and Non -friable Chrysotile with black and tables in garage whitespeckles WG01 Off All windows of Miscellaneous Category II < 0 25% 6 EA white window main residence Non -friable Chrysotile glazing WG02 White Main barn Miscellaneous Category II 2% 75 LF brittle window Non friable Chrysotile lazin SF = Scuare Fear LF = Linear Feet EA = Each Please see the figures included in Appendix A for approximate locations of ACMs The Quantities identified above are approximate and are for estimating purposes only 2 2 Work Procedures The materials CBO1 Gray cement board siding, RSLOl - Black tar roofing sealant, SVF03 - Yellow sheet floonng with black and white speckles (garage only) WG01 Off-white window glazing, and WG02 White bnttle window glazmg may be removed utilizmg non -finable component removal techniques Full containment controls are required for the removal of the remaining matenals 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 No 8, The Control of Hazardous Air Pollutants Part B, The Control of Asbestos, 5 73 5 010 A�jnk Wink Plan 12 107 for pdfda Environmental Scientists and Engineers LLC CCR 1001-10 Part B, effective March 2, 2005 (Regulation 8) and all other applicable laws and regulations Put in place a fully operational decontamination unit contiguous with the work area place and start a sufficient number of high efficiency particulate air (HEPA) equipped negative air machines (NAMs) to ventilate the work area, pre -clean and then construct and place critical barriers, impart a negative pressure differential between the work area and all surrounding areas NAM exhaust must be discharged to the outside of the buildings at all tunes ■ All surfaces within the work area shall be thoroughly HEPA vacuumed and wet -wiped so that no visible dust or debns remains All moveable objects must be removed from work area prior to containment construction by the Contractor Proceed with containment construction and establish a negative pressure differential of at least 0 030 inches of water The containment must stand for a nummum of two hours with -0 030 inches of water negative pressure prior to the pre abatement inspection being performed After passing a pre abatement visual inspection, by the Owner/Owners representative, gross removal and final cleaning can commence All matenals 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 on site is the responsibility of the Contractor The Owner will not be responsible for theft or vandalism of Contractor s equipment that is left on -site 2 2 1 Inspections by Owner/Owners Representative Project inspection requirements are summanzed below 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 Alternatively if in the opinion of Owner/Owners representative, the work is unsatisfactory all cost and expenses of exposing removing, re testing, replacing, and restoring shall be bome by the Contractor Any omission or failure on the part of Owner/Owners representative to disapprove or reject any inferior or defective work or matenal 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 7325-010 AndMJ Wink P]m 122107E pdfda =w�tl Environmental Scientists and Engineers LLC All applicable costs for re -testing an area for clearance purposes shall be performed at the Contractor's expense All inspections shall take place dunng specified work hours If inspections occur outside/past specified project hours, the Contractor shall bear all costs incurred by Owner/Owners representative • Where the Owner/Owners representative has an on site representative, the Contractor shall give the Owner/Owners representative two hours advance notice of an impending inspection Where the Owner/Owners representative does not have an on -site representative present, then a forty eight 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 • 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 ■ The Contractor must allow for a two hour notice penod before the re -inspection of the failed area may begin (this requirement may be waived by Owner/Owners representative) Items of work requiring inspection sign -off by Owner/Owners representative include - Pre -Abatement Inspection Removal of asbestos and necessary demolition shall not take place until Owner/Owners representative has inspected area preparation work and given approval - Final Visual Inspection The area shall not be encapsulated or locked down until Owner/Owners representative has inspected and given approval of the final cleaning and area decontamination The containment must be completely dry, during the inspection with no water droplets remaining or saturation on polyethylene sheeting or other surfaces in the containment ■ 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 pnor to final acceptance of the project by the Owner/Owners representative Inspections shall in no way be construed as final or partial acceptance by Owner/Owners representative Any failure or omission of the Owner/Owners representative to notify the Contractor of defective work shall not excuse Contractor for liability for such defective work It will be necessary that the Contractor successfully confine fiber release to the designated work area and within the containment Owner/Owners representative obligations are solely to the Owner 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 Notlung 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 7325010 AMjal, Wink plan 12 2107 fmpdf dm 4 awe Environmental Scientists and Engineers LLC 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 attam the intended results nor to state all of the environmental conditions that must be present for the safety of workers who are employed to achieve 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 The Contractor is required to remove all specified ACMs and materials containing trace amounts of asbestos Any ACM debris or contaminated materials, missed not accessed or abated thoroughly, and later discovered by the Owner/Owners representative will be corrected by the Contractor at no cost to the Owner/Owners representative The Owner/Owners representative will perform 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 transmission electron microscopy (TEM) if it will not interfere with the project schedule Cost for TEM analysis will be the responsibility of the Contractor The Contractor may be charged for any re -inspections and/or re -sampling of the work areas at the discretion of the Owner 2 2 2 Maximum Allowable Asbestos Level (MARL) Outside Work Area If any air sample taken outside of the work area exceeds the CDPHE maximum allowable asbestos level (MAAL), immediately and automatically stop all work except corrective action The Owner/Owners representative will determine the source of the high reading and so notify the Contractor in writing ■ Maximum Allowable Asbestos Level - Air monitoring shall be conducted during normal occupancy and samples shall not be collected in an aggressive manner 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/mmz) TEM analysis shall be conducted pursuant to the protocol in 40 Code of Federal Regulations (CFR) Part 763, Appendix A to Subpart E - All air monitoring samples collected for MARL and clearance purposes shall be performed by the Owners representative who is independent of the general abatement contractor to avoid possible conflict of interest 1325 010 AndMJ Wink Plan 12 107i pdfd Environmental Scientists and Engineers LLC In the event that airborne fiber levels outside a work area exceed the MAAL when analyzed by PCM (and venfied 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 bamers at the next existing structural isolation of the involved space (e g ceilmg, floor, and wall) - Decontaminate the affected area - Require that respiratory protection be worn in affected area until area is cleared for re -occupancy - 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 - 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 change room at entry point to affected area - After certification of visual inspection in the area, final clearance air samples will be taken within the area In the event that areas beyond the work area become contaminated with asbestos, or asbestos containing dust/debris and/or visible emissions from the work area the Contractor shall be responsible for all costs associated with cleaning and subsequent testing (visual inspection, air sampling and bulk analysis) of these areas If the high reading was the result of other causes, Contractor shall initiate corrective action as required by the Owner/Owners representative 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 73 5-010Aijo Wo 1`1l 122107forpdfdm 6 Environmental Scientists and Engineers LLC 3 Special Considerations Electricity (115 volt) is available at the Site The Contractor is responsible for all costs related to providing any rework wiring required Any rework wilting required must be performed by a qualified and licensed electrician Potable water is not available at the Site It is necessary that the Contractor provide all water for the removal process, as well as potable water for the decontamination unit A sanitary sewer service is not available for the discharge of filtered waste water It is required that all filtered waste water be collected and discharged into a sanitary sewer at another location or disposed of properly The majority of the exterior components of all the structures except the metal garage are painted with lead based paint The Contractor is responsible to comply with all current United States Department of Labor Occupational Safety and Health Administration regulations for employee exposure to lead Upon project completion all structures must be secured by the Contractor (1 a boarding up windows doors etc ) 4 Submittals The following sections detail the required submittals for the project 41 Plan of Action Prior to the start of work, the Contractor shall prepare a bnef 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 facility 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 4 2 Technical Submittals The Contractor shall submit all technical documentation as specified in this section using the list and schedule provided below General Abatement Certificate Disposal Facility information Personnel Certifications Plan of Action Project Schedule and Sequencing (L)ally for the previous day) Daily Field Logs Daily Entry/Exit Sign in Sheets 24 hour Manometer Chart Personal Air Monitoring Results Disposal Manifests Owners Final Inspection Change Orders 1325010AMji k Wo Plml 2101f pdfd 7 City Service Provider City of Fort Collins Daro Tech Ltd Attn John Stephen Attn Denson Orlmg PO Box 580 1301 South 81" Street Ste 304E Fort Collins CO 80522 Colorado Springs CO 80906 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 Seven Thousand Eight Hundred Eleven Dollars ($7,811 00) 6 City Reoresentative The City will designate pnor 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 sCompensation orother taxes orbenefiitsorfor 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 neither assign any responsibilities nor delegate any duties ansing 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 rev osrovo6 2 Environmental Scientists and Engineers LLC 5 SCHEDULE Contractor is not authorized to apply for the asbestos abatement permits prior to being issued the notice of award from the Owner and does so at their own nsk It is understood that there is a ten day waiting penod after applying for a permit Contractor will apply for an asbestos abatement permit within two working days of issuance of notice of award Mobilization activities may begin during the ten day waiting period The Contractor will mobilize no later than the tenth day of the permit waiting penod and will commence abatement work within twenty-four hours of the end of the permit waiting period This project shall be completed within ten working days from the effective date of the permit Project hours will be 8 00 A M to 5 00 P M , Monday through Friday If any work is to be completed outside of these specified work hours, it must be approved in writing prior to being initiated In addition, the Contractor shall bear any costs mcurred by Owner/Owners representative required to staff the project which are outside of the specified work hours 6 PROJECT COORDINATION The Contractors estimate should allow provisions for coordination, which shall include informal meetings with Owner/Owners representative such as the following Inspect areas in which work will be performed, prior to commencement of work Prepare a listing of damage to structure, surfaces and equipment or of surrounding properties, which could be misconstrued as damage resulting from the work Obtain digital photographs or video of existing conditions as necessary to document conditions Submit to Owner for recording purposes prior to starting work Attend informal conference to be convened by the Owner prior to start of any work The conference will be scheduled before start of work, at a time convenient to the Owner, but no later than the day of the start of the project Meet at the Site, or as otherwise directed Authorized Owner/Owners representatives will be in attendance An authonzed 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 authonzed to conclude matters relating to the work • Before requesting final inspection for certification of final acceptance and final payment, a project punch list must be completed and accepted by Owner The punch list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Owner/Owners representative 7 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 to be specified in the Owners general condition contract 7325010 And k Ww P1. 122107 fo pd[d Environmental Scientists and Engineers LLC documents, at his/her own expense, during the life of this contract This insurance shall include a provision preventing cancellation without mnety days pnor notice by certified mail and shall state whether the coverage is 'claims made" or 'occurrence made " The Contractor shall obtain "occurrence made" insurance and must not contain any pollution exclusion provisions A completed Certificate of Insurance shall be filed with the owner within ten 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 8 QUALIFICATIONS AND LIMITATIONS WALSH prepared thus Work Plan in a manner consistent with current professional practices It is possible that additional reports or investigations could alter the conclusions of this document 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 7325010AndnJ+ Wink%en 12210 f1 pdfd auu�usuio Lb APPENDIX A FIGURES '•`^�*�� CEMENT BOARD SIDING ® YELLOW SHEET FLOORING - BLACK ADHM ME - MITE PLASTER NITA BLACK SPECKS - DARK BROWN AOHESINE ® - MIT STREAKED TEXTURE ® - MEDIUM KNOCKDOWN TEXTURE OFF WHITE MNDOW GLAZING CM\ \PATA\PNRCR\A58TCNT M rwr CC11115\TaaO-O To rrc rYR AMpNJ[SKl rylpprAn dE/CSP/Art/ f .a�n� I FORMER ANDRIJESKI PROPERTY FLOOR 1 HHOUSE SCALE IN FEET 0 5 10 25 FORMER ANDRIJESKI PROPERTY ROOF AND FLOOR 2 - HOUSE EXTERIOR ^"'^ — - CEMENT BOARD SIDING BLACK ADHESIVE SCALE IN FEET 0 5 10 25 :SIB \o a\MMolrcr5\Asf�cn or rallr mMry\lypyro rrc rout[ uxa we/cv/ors/�[-re of MINDOW GLAZING C� \""\PN M S C" or MT WAM5\73b 0 orfc rw lNp0JE5[IPMpfpn pN��/CSP/M[S/Ix 16, FORMER ANDRIJESKI PROPERTY BARN BUILDING SCALE IN FEET 0 5 10 Y5 EXHIBIT B INSURANCE REQUIREMENTS 1 The Service Provider will provide from insurance companies acceptable to the City the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid the Service Provider shall furnish the City with certificates of insurance showing the type amount class of operations covered effective dates and date of expiration of policies and containing substantially the following statement The insurance evidenced by this Certificate will not be cancelled or materially altered except after ten (10) days written notice has been received by the City of Fort Collins In case of the breach of any provision of the Insurance Requirements the City at its option may take out and maintain at the expense of the Service Provider such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City its officers agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement 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 1 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 anse 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 underthis Agreement by a subcontractor which liability is not covered by the subcontractors insurance 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 All goods supplied to the City shall be of the grade and quality specified hereunder or if not specified of the most suitable grade and quality of their respective kinds for their intended use Service Provider warrants all goods provided under this Agreement except City furnished goods against defects and nonconformances in grade 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 good shall be 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 fad 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 often (10) days within which to cure said default In the event the default remains uncorrected the party declaring default may elect to (a) terminate the Agreement and seek damages (b) treat the Agreement as continuing and require specific performance or (c) avail himself of any other remedy at law or equity If the non defaulting party commences legal or equitable actions against the defaulting party the defaulting party shall be liable to the non defaulting party for the non -defaulting party s reasonable attorney fees and costs incurred because of the default rev 09/01/06 3 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 ansing 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 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 16 Law/Severabdity 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 rev 09/01/06 4 17 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8-17 5-101 C R S at seq Contractor represents and agrees that a As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien and 2 Contractor has participated or attempted to participate in the basic pilot employment venfication program created in Public Law 208 104th Congress as amended and expanded in Public Law 156 108th Congress as amended administered by the United States Department of Homeland Security (the Basic Pilot Program ) in order to confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work underthis Agreement c Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter until Contractor is accepted or the public contract for services has been completed whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued d Contractor is prohibited from using Basic Pilot Program procedures to undertake pre employment screening of job applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal rev 09ro1/06 5 alien and 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien f Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8 17 5 102 (5) C R S g If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8 17 5 102 C R S the City may terminate this Agreement If this Agreement is so terminated Contractor shall be liable for actual and consequential damages to the City ansing out of Contractors violation of Subsection 8 17 5 102 C R S h The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach rev 09/01/06 6 CITY OF FORT COLLINS COLORADO a municipal corporation BY D James eOeill ll PPOFNIGP Directorhasmg and Risk Management Date Daro Tech Ltd BY PRINT(NAMS- MW61 LOvi AM CORPORATE PRESIDENT OR VICE PRESIDENT /�Y//� Date 3—�/ —O� o ATTEST er.aau.. ..11�llll✓ (Corporate Seal) I t U ARY 41 rev 09/01/06 EXHIBIT A SCOPE OF SERVICES rev 09/01/06 r.., '�.� � _ ---- � '�--:%- - _-_ Jl' i��� r/�� __l4 1 1 i } % -� � 5 _ _ ,. `�,