HomeMy WebLinkAbout468473 VEOLIA ES TECHNICAL SOLUTIONS LLC - CONTRACT - BID - 7098 HAZARDOUS MATERIAL ABATEMENT AT 140 EAST OAK STREET(asy,73
.3.7 V/3
SERVICES CONTRACT
THIS SERVICES CONTRACT ("Contract") is made and entered into on the day and
year set forth below by and -between THE FORT COLLINS, COLORADO, DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate and politic (the "DDA), and VEOLIA ES
SPECIAL SERVICES, INC.; a Wisconsin corporation (the "Service Provider").
WITNESSETH:
WHEREAS, pursuant to C.R.S. 31-25-807 the DDA is empowered to make and enter
into all contracts which are necessary or incidental to the exercise of its powers and performance
of its duties;
WHEREAS, the DDA desired that the City of Fort Collins (the "City") assist the DDA
with the contract procurement process for this project, and the City agreed to provide such
service for and on behalf of the DDA; -
WHEREAS, upon completion of such procurement process, the City and the DDA
determined that the Service Provider should be awarded this Contract;
WHEREAS, the DDA is the owner of the former Elks Lodge, located at 140 East Oak
Street, Fort Collins, Colorado (the "Elks Building');
WHEREAS, the Board of Directors of the DDA (the "Board") has determined that the
Elks Building should be deconstructed, which deconstruction is tentatively scheduled to begin in
calendar year 2010;
WHEREAS, the Elks Building contains asbestos, mercury and other hazardous
materials;
WHEREAS, state and federal law require the- abatement of such materials prior to
building deconstruction;
WHEREAS, the Service Provider is a general abatement contractor and is registered with
and authorized by the State of Colorado to perform building abatement;
WHEREAS, the DDA desires to engage the Service Provider to perform the abatement
work on the Elks Building in accordance with state and federal law;
WHEREAS, the DDA and the Service Provider desire to enter into this Contract for the
provision of the herein described services by the Service Provider to the DDA; and
WHEREAS, the Service Provider's provision of such services will advance the statutory
mission of the DDA.
DDA. Elks Abatement.Services Contract.Veolia.FINAL.03.02.10
hereunder to any other individual or entity without the prior written consent of the DDA.
26. Limitation on Waiver of Breach. The failure of either party hereto to insist, in any
one instance or more, upon the performance of any of the duties, obligations, covenants or
conditions of this Contract, or to exercise any right or privilege herein conferred, shall not be
construed as thereafter waiving any such duties, obligations, covenants, conditions, rights or
privileges, but the same shall continue and remain in full force and effect.
27. Acceptance Not Waiver. Approval by the DDA of drawings, designs, plans,
specifications, workmanship, reports and incidental work or materials furnished hereunder,
including formal acceptance described in Section 11 hereof, shall not in -any way relieve the
Service Provider of responsibility for the quality or technical accuracy of its services or work.
The DDA's approval or acceptance of, or payment for, any of the services or work performed or
to be performed hereunder by the Service Provider shall not be construed to operate as a waiver
of any rights, privileges or benefits herein provided to the DDA.
28. Default & Remedy. Each and every term and provision contained herein shall be
deemed to be a material element of this Contract. If either party hereto should fail or refuse to
perform in accordance with the terms and provisions of this Contract, such party may be declared
in default. Excepting a breach of the Work Schedule, which is governed by the liquidated
damages provision contained in Section 4 hereof, in the event a party has been declared in
default, such defaulting party shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncured after expiration of such period, the party
declaring default may elect to: (a) terminate the Contract and seek damages; (b) treat the
Contract as continuing and require specific performance; or (c) avail itself of any other remedy
provided by law or at equity. The non -defaulting party shall be entitled to and shall be awarded
from the defaulting party all reasonable costs and expenses incurred by the non -defaulting party
in connection with such uncured default, including, but not limited to, attorneys' fees and other
legal expenses. All rights and remedies provided in this Contract are cumulative and not
exclusive of any other rights or remedies that may be available to the parties hereto, whether
provided by law or at equity or otherwise. The foregoing notwithstanding, the liquidated
damages provided for in Section 4 of this Contract shall be the DDA's sole remedy for breach of
the Work Schedule, as set forth in Section 4 of this Contract.
29. Modification of Contract. No subsequent modification of any term or provision
of this Contract shall be valid, binding upon the parties or enforceable unless agreed to in writing
signed by the parties hereto.
30. Impossibility/Delay of Performance. Notwithstanding anything herein to the
contrary, if a party hereto is prevented in whole or in part from performing its duties or
obligations hereunder 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 Service Provider's performance is actually
prevented, the Service Provider must provide written notice to the DDA Representative and
Oversight Professional of such condition within three (3) business days following the onset of
such condition.
DDA. Elks Abatement. Services Contract.Veolie.HNAL03.02.10 10
31. Governing Law & Venue. The laws of the State of Colorado shall govern the
execution, construction, interpretation and enforcement of this Contract. Should one party hereto
institute legal suit or action against the other party hereto, which suit or action results from,
arises out of or is in any way connected with this Contract, it is agreed by the parties hereto that
venue for such 'suit or action shall be proper and exclusive in the District Court of Larimer
County, Colorado.
32. Attorney Fees. In the event that any litigation is commenced by one party hereto
against the other party hereto, which litigation results from, arises out of or is in any way
connected with this Contract, the court shall award to the substantially prevailing party all
reasonable costs and expenses, including attorneys' fees and other legal expenses.
33. Severabilily of Terms. If any term or provision contained herein is held to be
illegal, invalid or unenforceable, such term or provision shall be fully severable. This Contract
shall be construed and enforced as if such illegal, invalid or'unenforceable term or provision had
never comprised a part hereof and the remaining terms and provisions contained herein shall
remain in full force, and effect and shall not be affected by the illegal, invalid or unenforceable
provision or term, or by its severance herefrom.
34. Integration/Survival. This Contract, together with any exhibits incorporated
herein by reference, represents the entire and fully integrated agreement between the parties
hereto and supersedes all prior negotiations, representations or agreements, whether written or
oral. All conditions, rights, privileges, duties, covenants, warranties and obligations contained
herein shall be binding upon, inure to the benefit of and be enforceable by, the parties hereto,
their respective successors and assigns, and shall remain in full force and effect and shall
survive, to the maximum extent allowable by law, the termination or expiration of this Contract.
35. Prohibition Against Employing Illegal Aliens. Pursuant to Colorado Revised
Statutes ("C.R.S.") § 8-17.5-101 et seq., the Service Provider represents and agrees that:
a. As of the date of execution of this Contract:
i. The Service Provider does not knowingly employ or contract with an
illegal alien who will perform work under this Contract; and
I The Service Provider will participate in either the e-Verify 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 "e-Verify
Program") or the Department Program, an employment verification
program established pursuant to C.R.S. § 8-17.5-102(5)(c) C.R.S. and
administered by the Colorado Department of Labor and Employment,
Division of Labor, in order to confirm the employment eligibility of -all
newly hired employees to perform work under this Contract.
DDA. Elks Abatement.Services Contract.Veolia.RNAL.03.02.10 11
b. The Service Provider shall not knowingly employ or contract with an illegal
alien to perform work under this Contract or knowingly enter into a contract
with a subcontractor who knowingly employs or contracts with an illegal alien
to perform work under this Contract.
c. The Service Provider shall not use the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants
during the term hereof.
d. If the Service Provider obtains actual knowledge that a subcontractor
performing work under this Contract knowingly employs or contracts with an
illegal alien, the Service Provider shall:.
i. Notify such subcontractor and the DDA within three (3) days that The
Service Provider has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
ii. Terminate the subcontract. with the subcontractor if within three days of
receiving the notice required pursuant to this Section 35 the
subcontractor does not cease employing or contracting with the illegal
alien; except that the Service Provider 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.
e. The Service Provider shall comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter the
"Department") made in the course of an investigation that the Department
undertakes or is undertaking pursuant to the authority established in C.R.S. §
8-17.5-102 (5).
f. If the Service Provider violates any provision of this Contract pertaining to the
duties imposed by C.R.S § 8-17.5-102 the DDA shall have the right to
terminate this Contract. If this Contract is so terminated, the Service Provider
shall be liable for actual and consequential damages to the DDA arising out of
the Service Provider's violation of C.R.S. § 8-17.5-102.
g. The DDA will notify the Office of the Secretary of State if the Service
Provider violates this provision of this Contract and the DDA terminates the
Contract for such breach.
36. Interpretation. Sections and headings contained herein are for organizational
purposes only and shall not affect the interpretation of this Contract. The terms and provisions
contained in the body of this Contract shall always control over conflicting terms and provisions
contained in an attached and incorporated document.
DDA. Elks Abatement, Services Contract.Veolia.FWAL.03.02.10 12
(DVeOLIA
IENVI Rc NMIENTAL SCIRVICES
INDUSTRIAL SERVICES
NORTH A MERICA
October 25, 2006-
To Whom It May Conceni:
Veolia ES Special Services, Inc. is a Wisconsin corporation, incorporated under the
laws of the state of Wisconsin. The Corporation does not have a "corporate seal." As it is
not a requirement under the Business Laws of the State of Wisconsin for corporations to
maintain a corporate seal, Veolia ES Special Services, Inc. has elected not to keep such a
seal.
Should you have additional questions or would like further clarification, please do
not hesitate to contact me.
Yours very fluty,
. Veolia ES Special Services, Inc.
Ra dall C. Lawson II
Assistant Secretary
veolla ES Special Services, Inc.
3018 N. Hwy 146, Baytown, TX 77520
tel: 713-307-2150 - fax- 713.307-7620
WV4%V.Ve0110ES.c0m
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and
year of the last signature below written.
THE FORT COLLINS, COLORADO,
DOWNTOWN DEVELOPMENT AUTHORITY, a
body corporate and politic
By:
Patty Spe c r Chairperson
Date: 3, 1 • 10
ATTEST:
Bill Sears, Secreta 00
DDA. Elks Abatement. Services ContractNeoliaYINAL.03.02.10 13
THE SERVICE PROVIDER:
VEOLIA ES SPECIAL SERVICES, INC., a
Wisconsin corporation
By:
(Authorized signature)
Name: VI U
(Print)
Title: ✓ 51 n%
Date: ' 3 a' — I v
.ATTEST:
Corporate Secretary
(Print name)
CORPORATE SEAL:
[place seal here]
0
DDA. Eft Abatement.Services ContrackVeolia.FINAL.03.02.10 14
Asbestos Abatement, Regulated
Building Materials, and Mercury
Containing Flooring Removal
Work Plan
140 East Oak Street
Fort Collins, Colorado
WALSH Project Number: 900055.7955.010
February 10, 2010
Environmental Scientists and Engineers, LLC
ASBESTOS ABATEMENT, REGULATED BUILDING
MATERIALS, AND MERCURY CONTAINING FLOORING
REMOVAL WORK PLAN
140 EAST OAK STREET
FORT COLLINS, COLORADO
February 10, 2010
Prepared for: Ms. Anne Aspen
Downtown Development Authority
Project Manager
19 Old Town Square, Suite 230
Fort Collins, Colorado 80524
Prepared by:
Michael P. Castell
Environmental Scientist
Certified Asbestos Inspector/Management Planner,
Designer, Air Monitoring Specialist
Reviewed by:,
Troy C. Sanders, PG, CHMM
Branch Manager
Certified Asbestos Inspector
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.waishenv.com
WALSH Project Number: 900055.7955.010
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TABLE OF CONTENTS
INTRODUCTION................................... ........................... .......... .......................... ....................................... I.... I
SCOPEOF WORK ............................. ..... ........... ...... ............................... .............................. I ........................... I
2.1
RACM TO BE REMOVED............................................................................................................................. i
2.1.1
WORK PROCEDURES ....................................................................................................................................2
2.1.2
INSPECTIONS BY OWNER/OWNERS REPRESENTATIVE.................................................................................3
2.1.3
MAXIMUM ALLOWABLE ASBESTOS LEVEL(MAAL) ....................................... :.......................................... 5
2.2
REGULATED BUILDING MATERIALs.......... ................................... ........... :.................................................... 6
2.3
.MERCURY CONTAINING FLOORING.............................................................................................................7
2.3.1
WORK PROCEDURES....................................................................................................................................9
2.3.2
WASTE HANDLING/DISPOSAL.....:...............................................................................................................9
2.3.3
VISIIALINSPECTION....................................................................................................................................8
3 SPECIAL CONSIDERATIONS.......................................................................................................................8
4 SUBMITTALS.................................................................................................................................I.................9
4.1 PLAN OF ACTION.........................................................................................................................................9
4.2 TECHNICAL SUBMITTALS............................................................................................................................9
5 SCHEDULE .......................................... .... ................. ............... ....... .............................................. I ..... I .......... I ... 9
6 PROJECT COORDINATION........................................................................................................................10
7 QUALIFICATIONS AND LIMITATIONS..................................................................................................10
LIST OF TABLES
TABLE 1. RACM To BE REMOVED...........................................................:..............:........
TABLE 2. RBMs TO BE REMOVED...................................................................................
TABLE 3. MERCURY FLOORING TO BE REMOVED.............................................................
LIST OF APPENDICES
APPENDIX A FIGURES
Figure 1 RACM to be Removed
Figure 2 Mercury Containing Flooring to be Removed
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ACRONYM/ABBREVIATION LIST
The following acronyms and abbreviations have been used in this Work Plan for 140 East Oak
Street in Fort Collins, Colorado:
ACM
Asbestos -Containing Material
CDPHE
Colorado Department of Public Health and Environment
CFR
Code of Federal Regulations
Contractor
General Abatement Contractor
EA
Each
FCC
Fibers per cubic centimeter
f/m3
Fibers per cubic meter
HEPA
High Efficiency Particulate Air
MAAL
Maximum Allowable Asbestos Level
NAM
Negative Air Machine
NIOSH
National Institute for Occupational Safety and Health
Owner
Downtown Development Authority
PCB
Polychlorinated biphenyls
PCM
Phase Contrast Microscopy
RACM
Regulated Asbestos Containing Material
RBM
Regulated Building Material
SF
Square Feet
Site
140 East Oak Street, Fort Collins, Colorado
s/mm2
Structures per square millimeter
TEM
Transmission Electron Microscopy
US
United States
USEPA
U.S. Environmental Protection Agency
WALSH
Walsh Environmental Scientists and Engineers, LLC
900055.7955.010140 Fast Oak Work Plan Revised 2.10-10 ii
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, the receipt and adequacy of which are hereby acknowledged, it is agreed by and
between the parties hereto as follows:
1. Contract Period. This Contract shall commence upon execution hereof and shall
continue in full force and effect for one (1) year, unless sooner terminated as hereinafter
provided.
2. Work Plan. The Service Provider agrees to provide all materials and perform all
services necessary to complete the work plan, attached hereto as Exhibit "A," consisting of
thirty-three (33) pages, and incorporated herein by this reference (the "Work Plan").
3. Notice to Proceed. Within ten (10) days of the happening of all of the following
events, the DDA shall issue to the Service Provider written notice that it may commence
performance of the Work Plan ("Notice to Proceed"):
A. Receipt by the. DDA of two (2) originals of this Contract which have been
signed by the Service Provider; _ .
B. 'Receipt by the DDA of certificates of insurance from the Service Provider
which demonstrate that the requirements of Section 17 hereof have been met;
and
C. Receipt by the DDA of the names of all subcontractors which will be used by
the Service Provider to perform work hereunder, and approval by the DDA
of such subcontractors, in accordance with Section 13 hereof. If no
subcontractors are to be used by the -Service Provider, then receipt by the
DDA of a written communication from the Service Provider indicating that
no subcontractors will be used to complete the Work Plan.
The Service Provider shall not commence performance of the Work Plan until such time
as it receives Notice to Proceed from the DDA.
4. Commencement and Completion of the Work Plan. The Service Provider shall
commence performance of the Work Plan upon receipt of Notice to Proceed, and shall fully
complete performance of the Work Plan within twenty-five (25) business days of such date (the
"Work Schedule"). Any extension of the time limit set forth above must be agreed upon in
writing signed by the parties hereto. The Service Provider. hereby acknowledges and agrees that
time is of the essence with respect to its performance of the Work Schedule. If the Service
Provider shall neglect, fail or refuse to complete the Work Plan within the Work Schedule, then
the Service Provider does hereby agree, as a part consideration for the awarding of this Contract,
to pay to the DDA, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars
and 0/100 ($500.00) per day for each calendar day beyond the Work Schedule that the Service
Provider fails to achieve completion of the Work Plan. The said amount is fixed and agreed on
by and between the Service Provider and the DDA because of the impracticability and extreme
DDA. Elks Abatement.Services Contract.Veolia.FINAL.03.02,10 2
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ASBESTOS ABATEMENT, REGULATED BUILDING MATERIALS, -AND
MERCURY CONTAINING FLOORING REMOVAL
140 EAST OAK STREET
FORT COLLINS, COLORADO
1 INTRODUCTION
Walsh Environmental Scientists and Engineers, LLC (WALSH) conducted a pre -demolition
building inspection in August of 2009 at 140 East Oak Street, Fort Collins, Colorado. The scope
of work for the inspection 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
regulated asbestos -containing materials (RACMs), regulated building materials (RBMs), and
mercury containing flooring at the MO East Oak Street (the Site) prior to demolition activities.
2 SCOPE OF WORK
The. work specified herein shall be the removal of RACMs, regulated. building materials, and
mercury containing flooring at the Site by competent persons trained, knowledgeable, and
qualified in the techniques of asbestos abatement and- hazardoils material removal. This includes
the handling and disposal of RACM and asbestos contaminated materials and the subsequent
cleaning of contaminated areas. The general 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 RACM to be Removed
The following table lists the locations, materials, percentage, and type of asbestos, as welt as the
approximate quantities of RACMs to be removed.
TABLE 1. RACM to be Removed
140 East Oak Street
Fort Collins, Colorado
Material
Material
' t
Percentage,
� t
Approximate
Desci•ip#ion
Location*
Material Type
Friability
andType,
Y
<
Asbestos
FTC09 - 9°x9" floor
80%
tile with felt backing,
115
Miscellaneous
Friable
chrysotile
58 SF
sheet vinyl squares
900055.7955.010140 East Oak Wmk Plan Revised 2.10.10
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Environmental Scientists and Engineers, LLC
t
: Maierlai
i?pti
Material
Material T e
Yp
, Friabilit Y
-� �
antlT pe of
� Y. �-.
*,
Quantity
Description
Location* r
- �
,
�ALx r
,.;
HS01 —white heat
shield, fibrous,
B-04B
Miscellaneous
Friable
Assumed
2 EA
woven associated
with flood lights
PL05 — white
1-7%
plaster patching
130
Surfacing
Non -friable II
chrysotile
410 SF
material
SOA05--tan yellow
103,104, 130, 131,
spray on acoustical
132 133, 202, 203,
Surfacing
Friable
2% chrysotile
10,119 SF
214, 303, B-03, B-
perlitic plaster
04, B-04A, B-04B
PL08 — white
plaster with grey
sandy base coat
113
Surfacing
Non -friable 11
2.25%
chrysotile
500 SF
with thick white top
coat
SVF03 — brown
20%
sheet vinyl flooring
113
Miscellaneous
Friable
chrysotile
350 SF
mosaic pattern
SF = Square 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
2.1.1 Work Procedures
Full containment controls are required for the removal of all the materials. For full containment
controls, 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
CCR 1001-10, Part B, effective March 2, 2005 (Regulation 8) and all other applicable laws and
regulations:
■ Install critical barriers.
■ Place and start a sufficient number of high efficiency particulate air (HEPA) equipped
negative air machines (NAMs) to ventilate the work _area. NAM exhaust must be
discharged to the outside of the building at all times.
■ Establish a negative pressure differential of at least -0.030 inches of water between the
work area and all suiTounding areas.
* Put in place a fully operational decontamination unit contiguous with the work area.
■ Put in place a waste/equipment load out contiguous with the work area.
■ The containment must stand for a minimum 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. .
Due to the quantities of ACM to be removed a Project Design will be required. This document does
not fulfill the Project Design requirements but may be used in whole or in part to create the Project
Design. In addition, the Downtown Development Authority (Owner) fully intends to submit for a
900055.7955.010 140 Part oak Work Plan Revised 2-10•10 2
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waiver of the CDPHE Project Manager requirement. The Contractor must fulfill the requirements
to qualify for the waiver of a Project Manager.
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.
2.1.2 Inspections by Owner/Owners Representative
Project inspection requirements are summarized 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
borne by the Contractor.
■ Any omission or failure on the part of Owner/Owners representative to disapprove or
reject any inferior or defective work or material shall not be construed to be an
acceptance of any such work or materials. The Contractor shall remove at its own
expense any defective work or material rejected by Owner/Owners representative and
shall rebuild or replace the same without extra charge to Owner/Owners representative.
All applicable costs for re -testing an area for clearance purposes shall be performed at the
Contractor's expense.
■ All inspections shall take place during 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 twenty-four hour advance notice of impending inspection is
required. Contractor shall request in writing via fax or by email 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 period 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:
900055.7955.010140 East Oak Nak PlanRMsedl-IO-10
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-- 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 prior 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. Nothing in the performance of
Owner/Owners representative services in connection with this project implies the
undertaking for the benefit of, or which may be enforced by, the Contractor, his sub-
contractors, or employees, or the surety of any of them. It is not the function of
Owner/Owners representative to specify all of the means by which the Contractor will
attain the intended results, nor to state all of the environmental conditions that must be
present for the safety of workers who are employed to 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 AM. 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.
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■ The Contractor may be charged for any re -inspections and/or re -sampling of the work
areas at the discretion of the Owner.
2.1.3 Maximum Allowable Asbestos Level (MAAL)
Outside Work Area: If any air sample taken outside of the work area exceeds the CDPHE
maximum allowable asbestos level (MAAL), immediately and automatically stop all work
except corrective action. The' Owner/Owners representative will 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 (0m). The
National Institute for Occupational Safety and Health (NIOSH) 7400 Method
shall be used to analyze samples. The number of samples to be taken shall be
determined by the air monitoring specialist. Where TEM is used as the
method of analysis, the standard is 70 structures per square. millimeter
(s/mm). TEM analysis shall be conducted pursuant to the protocol in 40
Code of Federal Regulations (CFR) Part 763, Appendix A to Subpart E.
All air monitoring samples collected for MAAL and clearance purposes shall
be performed by the Owners representative who is independent of the
Contractor to avoid possible conflict of interest.
■ In the event that airborne fiber levels outside a work area exceed the MAAL when
4nalyzed by PCM (and verified by TEM), the Contractor shall comply with CDPHE
requirements for Major Asbestos Spills (Regulation 8 Section III:T.1). If the high
reading was the result of a failure of work area isolation measures initiate the
following actions:
— Immediately erect critical barriers to isolate the affected area from the balance
of the building and establish a negative pressure differential. Erect critical
barriers at the next existing structural isolation of the involved space (e.g.
ceiling, 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.
900033.7955.010 140 Fast Oat Work Plan Revised 2-1040
W414i
Environmental Scientists and Engineers, LLC
- 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 affected 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.
2.2 Regulated Building Materials
The work shall also include the proper removal and disposal or recycling of all regulated building
materials (RBMs) by competent persons trained, knowledgeable and qualified in the proper
procedures for disposal of hazardous and universal waste materials. Contractor shall be responsible
for characterizing the waste and proper disposal.
The following table below provides approximate quantity for each type of RBM identified for
characterization and proper disposal.
TABLE 2. RBMs to be Removed
140 East Oak Street
Fort Collins, Colorado
r, ;Material s ,
App�oxitnate
i, 22%Estimated „ARproximatet
x
a unt
or e I
%k;
Fluorescent Lamps(mercury)
614
80
495
Light Ballast (polychlorinated biphenyl (PCB1
300
50
160
containing)
HI h Intensity Dischar a Larnps
24
100
24
Mercury Gau eslrhermostates
20
100
20
Flre Extinguisher
3
100
3
Smoke Detectors radioactive source
88
0
0
Emergnecy Lighting batteries onl
12
100
12
900055.7935.010 140 East Oak work Plan Revised 2.10.10
Walsh
Environmental Scientists and Engineers, LLC
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15
100
15
Com uter Equipment circuit boards
7
100
7
Rechargeable batteries
2
100
2
Neon lights
3 1
100
3
The difference between the total count and the estimated removal count is based upon
observation during a limited screen, and is to be verified in the field by the Contractor.
Contractor shall inspect all components to determine those that can remain (e.g. green end and
green printed labels on end of fluorescent lamps, non PCB labeled light ballasts, low level smoke
detectors, etc.) and those that must be removed prior to demolition.
1. Green end/green print on end of fluorescent lamps shall remain but all other types need to
be removed.
2. Certain exit signs do not contain radioactive material, and shall remain, but may contain
backup batteries that require proper disposal
3. Light ballasts stamped "Non -PCB" shall remain.
4. The Contractor is responsible for removing all chlorofluorocarbon refrigerants.
Contractor is responsible for verifying all hazardous and universal waste material approximated
quantities. Quantities are subject to a +/- 10 percent (%) variation from estimated quantities.
Contractor shall notify the Owner in writing of any discrepancies in quantities that exceed or are
less than 10% prior to any work being performed in a work area. Variations that exceed or are
less than 10% will be subject to add/deduct based on unit prices provided by the abatement
contractor.
The table providing a summary of the specific material locations, and approximate quantities for
regulated building materials identified is included in Appendix B.
2.3 Mercury Containing Flooring
The following table lists the locations and the approximate quantities of mercury containing
flooring to be removed.
TABLE 3. Mercury Flooring to be Removed
140 East Oak Street
Fort Collins, Colorado
Mate'riai, Descn tioa'
;Material Location*:.,_:°
A rozirriaCe:Qtiantit"** ''-
Polyurethane flooring
217, 218, and 219
2.520 SF
-Sr = iquare Feat
` Please see the figure Included In Appendix A for approximate locations of mercury containing flooring
"The quantities identified above are approximate and are for estimating purposes only
900055.7955.010 140 Fa4 0* Work Plan Revised 2-10-10 7
AiWahfi
Environmental Scientists and Engineers, LLC
2.3.1 Work Procedures
Secondary containment controls with negative pressure are required for the removal of all the
materials. The following procedures must be adhered to at a minimum, but all work is to be
performed according all other applicable laws and regulations:
■ Install critical barriers.
■ Place and start a sufficient number of HEPA equipped NAMs to ventilate the work area.
NAM exhaust must be discharged to the outside of the building at all times.
■ Establish a negative pressure differential of at least -0.020 inches of water between the
work area and all surrounding areas.
■ After passing a pre -removal visual inspection, by the Owner/Owners representative, gross
removal and final cleaning can commence.
2.3.2 Waste Handling/Disposal
• The selected contractor is responsible for proper waste containerization, storage,
characterization, and labeling in accordance with applicable federal, state, and local
regulations.
• All mercury -contaminated waste will be bagged or wrapped in six millimeter
polyethylene 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 site.
• 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 mercury -contaminated debris, and waste
water in accordance with applicable federal, state, and local regulations.
2.3.3 Visual Inspection
Upon completion of removal, the Owner/Owners representative will perform a thorough visual
inspection. This visual inspection will confirm that mercury containing flooring has been
removed from the surfaces and the surfaces are dust free. Any areas which exceed these visual
clearance criteria will require supplemental removal at.no additional cost to the owner.
3 Special Considerations
Electricity (110 volt) is available at the Site. The Contractor is responsible for all costs related to
providing any rework wiring required. Any rework wiring required must be performed by a
qualified and licensed electrician.
Placement and storage of waste dumpsiers, equipment, and materials will need to be coordinated
with the Owner.
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
900055.7955.010140 East Oak Work Plan Revised 2.10-10
Ish
Environmental Scientists and Engineers, LLC
responsibility of the Contractor. The Owner will not be responsible for theft or vandalism of
Contractor's equipment that is left on -site.
4 Submittals
The following sections detail the required submittals for the project.
4.1 Plan of Action
Prior to the start of work, the Contractor shall prepare a brief plan of the procedures proposed for
use in complying with the requirements of this Work Plan and all applicable regulations. Include
in the plan the sequencing of asbestos work (containments and work areas), methods to be used
to assure the safety of building occupants and visitors to the Site, disposal plan including staging
and waste load -out procedures, and location of approved disposal 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.
Pro -start Submittals
Daily Submittals
Contract Closeout
(Minimum five days prior)
(Daily for the previous day)
(Two weeks after)
General Abatement Certificate
Dally Field Logs
Disposal Manifests
Disposal Facility Information
Daily Entry/Exit Sign -In Sheets
Owners Final inspection
Personnel Certifications
24-hour Manometer Chart
Change Orders
Plan of Action
Personal Air Monitoring Results
Project Schedule and Sequencing
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 risk. It is understood that there is a ten
day waiting period 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, RBM
removal, and mercury flooring removal may begin during the ten day waiting period. All work
identified must be completed within twenty five (25) working days from notice of award.
Project hours will be 7:00 A.M. to 5:00 P.M. If any work is to be completed outside of these
specked work hours, it must be approved in writing prior to being initiated. In addition, the
Contractor shall bear any costs incurred by Owner/Owners representative required to staff the
project which are outside of the specified work hours.
900055.7955.010140 East Oak %Voak Plan Rm4" 2-10-10 9
=`Walsh
Environmental Scientists and Engineers, LLC
6 PROJECT COORDINATION
The Contractor shall be responsible for coordinating its activities with the Owner/Owner's
representative, which shall include informal meetings with Owner/Owner's 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 equipinent 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 authorized
representative of the. Contractor and its project supervisor and other concerned parties
shall attend the conference. All participants at the conference shall be familiar with the
projects scope and authorized to conclude matters relating to the work.
■ 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 QUALIFICATIONS AND LIMITATIONS
WALSH prepared this 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
document by anyone other than the client or its designees will require written authorization by
WALSH.
900055.7955.010140 East Oak Work Plan Rcvised 2-10.10 10
difficulty of fixing and ascertaining the true value of the damages which the DDA will sustain by
failure of the Service Provider to complete the Work Plan within the Work Schedule, such as
loss of revenue, service charges, interest charges, delays caused to other construction activities of
the DDA by failure of the Service Provider to perform this Contract, and other damages, some of
which are indefinite and not susceptible of easy proof, said amount is agreed to be a reasonable
estimate of the amount of damages which the DDA will sustain and said amount shall be
deducted from any monies due or that may become due to the Service Provider, and if said
monies are insufficient to cover said damages, then the Service Provider shall pay the amount of
the difference.
5. Contract Price. In consideration of the Service Provider's performance hereunder,
the DDA agrees to compensate the Service Provider, subject to additions and deletions as
provided for herein, on a time slid reimbursable direct cost basis up to. a maximum amount of
Sixty-seven Thousand One Hundred Fifty-four Dollars and 31/100 ($67,154.31) (the "Maximum
Amount"). lt'is the expectation of the parties hereto that the cost of the Service Provider's
complete performance of the Work Plan will be equal to or less than the Maximum Amount.
Accordingly, the Service Provider must obtain the written consent of the DDA prior to
performing any service or incurring any expense the cost of "which will, exceed the Maximum
Amount. Absent such consent, the DDA shall not be obligated to pay to the Service Provider
any sum beyond the Maximum Amount for any service performed or expense incurred hereunder
by the Service Provider.
6. Billing. The Service Provider shall submit to the DDA detailed invoices which
set forth the following: (1) each service rendered; (2) if subcontractors are used by the Service
Provider, the party.rendering each service; (3) the cost of each service rendered by the Service
Provider or subcontractor; and (4) direct costs eligible for reimbursement hereunder. The
Service Provider shall include with its invoice sufficient evidence of direct costs it has incurred
for which it seeks reimbursement from the DDA. The Service Provider's failure to comply with
these requirements may, at the DDA's option, suspend processing of payment requests until the
Service Provider's invoice is in compliance with said requirements. The DDA shall be obligated
to pay invoices that conform to the requirements contained herein within thirty (30) days of
receipt. The foregoing notwithstanding, final payment shall not be made to the Service Provider
until the Oversight Professional ("Oversight Professional" being defined in Section 7 below) has
submitted its final report to the DDA confirming that the Service Provider has satisfactorily
completed the Work plan.
7. DDA Representative and Oversight Professional. The DDA has designated Derf
Green, Programs Administrator of the DDA, as its representative for this project (the "DDA
Representative"). The Service Provider shall direct all communications concerning the terms of
this Contract to the DDA Representative. The DDA has also contracted with Walsh
Environmental Scientists and Engineers, LLC, to perform abatement oversight services (the
"Oversight Professional") on behalf of the DDA. References in the Work Plan to the "Owner's
Representative" shall mean the Oversight Professional. The Service Provider shall direct all
communications concerning abatement efforts or the Work Plan to the DDA Representative and
Oversight Professional.
DDA. Elks Abatement.Services Contmct.VeoliaYINAL03.02.10
mWalsh
Environmental Scientists and Engineers, LLC
APPENDIX A
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8. Reporting Requirement. Commencing seven (7) days after the date of the Notice
to Proceed, and continuing every seven (7) days thereafter for the term hereof, the Service
Provider shall provide to the DDA Representative a written report on of the status of the work
with respect to the Work Plan, Work Schedule and other material information. The Service
Provider shall further submit a copy of the same to the Oversight Professional. Failure of the
Service Provider to provide any required weekly report to either the DDA Representative or the
Oversight Professional may, at the option of the DDA, suspend the processing of any payment
request.
9. Early Termination by DDA. Notwithstanding the term hereof, the DDA shall have
the right to terminate this Contract at any time without cause by providing written notice of early
termination to the Service Provider. Such notice shall be delivered at least fifteen days (15) prior
to the termination date contained in said notice, unless otherwise agreed to in writing signed by
the DDA and the Service Provider, In the event of early termination by the DDA, the Service
Provider shall be paid for services rendered prior to the date of termination, subject only to the
satisfactory performance of the Service Provider's obligations under this Contract. Such payment
shall be the Service Provider's sole right and remedy for such early termination.
10. Changes to the Work Plan. The Service Provider shall not deviate from the
specifications contained in the Work Plan without the prior written consent of the DDA. The
DDA shall have the right during the term hereof to request changes or additions to the Work Plan
through written change order requests. Once the DDA has delivered notice of such change to the
Service Provider, no work related to the requested change shall proceed until the parties have
reached agreement regarding changes in price or scheduling requirements related to the
requested change, and a written change order documenting the agreed -upon terms is prepared
and issued by the DDA. No such changes or additions shall be considered approved, binding or
enforceable until the parties hereto have signed such change order form. The amount to be
charged for the removal of additional materials shall be governed by the price sheet attached
hereto as Exhibit 11B," consisting of two (2) pages, and incorporated herein by this reference.
11. Formal Acceptance of Completed Work. The Service Provider shall provide
written notice of project completion to the DDA Representative and the Oversight Professional
within seven (7) days of completing the Work Plan (hereinafter."Notice of Completion"). Not
more than twenty-one (21) days after receipt of Notice of Completion, the DDA Representative
and/or the Oversight Professional, or their respective employees, agents or representatives, shall
inspect the completed work and shall provide a written response to the Service Provider,
informing it that: (1) the DDA finds that the Work Plan has been completed in a manner
consistent with the terms and provisions of this Contract and the DDA formally accepts the
completed work; or (2) the Work Plan has not been completed in a manner consistent with this
Contract and the completed work has been rejected by the DDA because of inconsistencies,
defects or other issues, which the Service Provider must then cure, at its own expense, within a
reasonable amount of time considering the nature of such inconsistencies, defects or issues.
12. Limited Role of the City / Standing of the City to Enforce Certain Terms. The
Service Provider hereby acknowledges that the City's role in this project was and is limited to
contract procurement for and on behalf of the DDA. In recognition thereof, the Service Provider
DDA. Elks Abatement.Secvices Contract.Veoh.MAL.03.02.10 4
2aWaWi
Environmental Scientists and. Engineers, LLC
APPENDIX B
REGULATED BUILDING MATERIALS INVENTORY
No Text
No Text
MOO 2:10:53 PM Page 3 of 6
Environmental Scientists and Engineers LLC
BUILDING: Former Elks Lodge (7955010)
Material
Room ID Code Comments
100 SD Unknown rad. Content
103
SD
Unknown rad. Content
105
SD
Unknown rad. Content
106
SD
Unknown rad. Content
107
SD
Unknown rad. Content
108
SD
Unknown rad. Content
109
SD
Unknown rad. Content
110
SD
Unknown rad. Content
ill
SD
Unknown rad. Content
112
SD
Unknown red. Content
113
115
SD
SD
Unknown rad. Content
Unknown rad. Content
117
SD
Unknown rad. Content
119
SD
Unknown rad. Content
120
SD
Unknown rad. Content
121
SD
Unknown rad. Content
122
SD
Unknown rad. Content
125
SD
Unknown rad. Content
128
SD
Unknown rad. Content
129
SD
Unknown rad. Content
130
SD
Unknown rad. Content
131
SD
Unknown rad. Content
132
FLO
SD
2 on shel#,1 on ceiling
Unknown rad. Content
133
SD
Unknown rad. Content
134
SD
Unknown rad. Content
138
SD
Unknown rad. Content
202
SD
Unknown rad. Content
203
SD
Unknown rad. Content n
204
SD
Unknown rad. Content
912I20092:10:54PM Page 4of6
Eavironrnentat Scientists and Engineers LLC
BUILDING: Former Elks Lodge. (7955010)
Room ID
Material
Code
Comments
205
SD
Unknown red. Content
207
CF
FL4.
SD
Water fountain
One In closet
Unknown red. Content
210 .
SD
Unknown red. Content
211
SD
Unknown rad. Content
212
SD
Unknown red. Content
213•
SD
Unknown red. Content
214
EX
SD
1 on north, 2 on east
Unknown red. Content
215
SD
Unknown red. Content
220
SD
Unknown rad: Content
221
SD
Unknown rad. Content
223
SD
Unknown red. Content
300
SD
Unknown red. Content
302
SD
Unknown red. Content
304
SD
Unknown red. Content
305
MTG
SD
North wall, east end
Unknown red. Content
306
SD
Unknown red. Content
307
SD
Unknown red. Content
308
SD
Unknown rad. Content
309
SD
Unknown red. Content
310
SD
Unknown red. Content
311
SD
Unknown red. Content
312
SD
Unknown red. Content
313
SD
Unknown red. Content
314
SD
Unknown rad. Content
B-03
CE
OT
SD
Golden Tee Arcade
Neon bar lights
Unknown radioactive content
B-04
SD
Unknown radioactive content
B-04A
SD
Unknown radioactive content
B-04B
SD
Unknown rad. Content
B-05
SD
Unknown radioactive content .
B-05A
SD
Unknown radioactive content
�W h 9=009 2:10:54 PM Page 5 of 6
Environmental Scientists and Engineers LLC
T dsh
Environmental Scientists and Engineers, LLC
Corporate Headquarters: Boulder, Colorado
Grand Junction, Colorado
Colorado Springs, Colorado
Fort Collins, Colorado
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Lima, Peru
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7098 Hazardous Material Abatement at 140 )vast Oak Street
Bid Schedule and Unit Price Cast Sheet
Addendiun 1
Our firm will remove all hazardous material as by competent persons trained,
knowledgeable and qualified in the techniques of regulated asbestos -containing
materials (RACMs), regulated building materials (RSMs), and mercury containing
flooring, surface preparation,, waste disposal and OSHA asbestos compliance. The
Contractor must comply with all applicable federal, state, and local regulations and be
capable of performing the work specified in the specifications,
Lump Stun $_ 67,154.31 *Recognition of Addendum #1
Material
Unit Price
Baseboard adhesive (less than I% asbestos)
$
1.00
/if
Carpet adhesive (wood substrate)
$
2.00
/sf
Carpet adhesive (concrete substrate)
$
1.00
/sf
Floor tile and mastic (concrete substrate)
$
2.00
/sf
Floor the and mastic (wood substrate)
$
2.75
/sf
Floor tile (concrete substrate)
$
1.00
/sf
Floor tile (wood substrate)
$
1.50
/sf
Mastic (concrete substrate)
$
1.00
/sf
Mastic (wood substrate)
$
1.50
/sf
Heat shield
$ 50.00
/ea
Plaster
$
5.00
/sf
Plaster (less than 1 % asbestos)
$
4.50
/sf
Sprayed on acoustical (including substrate)
Sheet vinyl flooring (concrete substrate)
Sheet vinyl flooring (wood substrate)
$ .
6.00
/sf
$
1.00
/sf
$
1.50
/sf
FIRM NAME Veolia ES Special Services, Inc.
Are you orporatibn, Partnership, DBA, LLC, or PG
SIGNATU , Division Manager
ADDRESS 9131 E. 96th Avenue
Henderson, CO 80640
PHONE/FAX # 303-371-7600 / .303-371 7678
E-MAILADDRESS david.keyfauver@veoliaes.com
agrees that the City shall not be responsible for the performance of any of the DDA's duties or
obligations hereunder, and shall hold the City harmless in the event of any breach of this
Contract by the DDA. Furthermore, the parties hereto agree that the City shall have standing
under this Contract, to the same degree as if it was a signatory to this Contract, to enforce any
right, privilege or benefit herein expressly conferred to the City.
13. Use of Subcontractors. The Service Provider shall employ and contract with only
those persons or entities that are properly skilled, accredited, certified and/or licensed, as
applicable, to safely and competently perform work of the type and scope which they will be
performing. Such subcontractors shall at all times be under the direct supervision and control of
the Service Provider, and whenever any person working with or for any subcontract shall appear
to be incompetent or to act in a disorderly or improper manner at the work site, the Service
Provider shall remove such person from the worksite. All subcontractors that will be performing
work hereunder must be approved by the DDA prior to performing any such work. Within seven
(7) days of the execution of this Contract, the Service Provider shall submit to the DDA the
names of all subcontractors it is proposing to use for services to be provided hereunder. The
DDA shall have fourteen (14) days after receipt of such notice to object to any subcontractors
proposed by the Service Provider. The Service Provider shall not employ any subcontractors that
the DDA objects to as lacking capability to safely and competently perform work of the type and
scope anticipated. The Service Provider shall be responsible for compensating any such
subcontractors for work performed hereunder out of the payments provided to the Service
Provider by the DDA under Section 5 hereof. The DDA shall have the right to require, prior to
final payment to the Service Provider, the submission of lien waivers, in a form reasonably
acceptable to the DDA, by any such subcontractor.
. 14. Safety_at Worksite. In completing the Work Plan, the Service Provider shall at all
times use best efforts to safeguard and protect from damage the work site[s] and all other
property involved with or in proximity to the work site[s], or any other area in which work
directly or indirectly related to the Work Plan is being performed. The Service Provider shall be
solely responsible for maintaining a safe work site and work environment, and for protecting
from work area hazards the Service Provider's employees, agents, subcontractors and the general
public, including, by way of example and without limitation, passers-by, area residents,
motorists, bicyclists, pedestrians and children. The Service Provider shall be solely responsible
for implementing, providing and maintaining during the term hereof any and all safety measures
or precautions required by local, state or federal law, as well as those measures and precautions
regularly taken by those engaged in work similar to that being performed hereunder by the
Service Provider.
15. Responsibility for Employees Agents and Subcontractors. The Service Provider
hereby agrees that it shall be fully responsible and answerable for the acts and omissions of its
employees and agents, and for those of its subcontractors, and any persons either directly or
indirectly employed by any subcontractor, to the same degree as acts and omissions of persons
the Service Provider directly employs. Nothing herein contained shall create any contractual
relationship between a subcontractor and the DDA or the City, except to the extent the DDA or
the City is indemnified or insured through requirements upon said subcontractor.
DDA. Elks Abatement.Services Contraet.VeoliaTINAL.03.01.10 5
16. Coordination, Quality and Accuracy of Services. The Service Provider shall be
responsible for the coordination of all services between the Service Provider and its
subcontractors, as well as with the Oversight Professional. The Service Provider shall be
responsible for the professional quality, technical accuracy, timely completion and coordination
of all services rendered by the Service Provider and its subcontractors, which services shall
include, by way of example and without limitation, designs, plans, reports, specifications,
drawings, materials removal and materials containment, and the Service Provider shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies.
17. Insurance Requirements. The Service Provider shall provide and maintain during
the term hereof, at its own expense,' and from insurance companies acceptable to the DDA, the
insurance coverage designated hereinafter, and shall require the same of all subcontractors
providing services in connection with this. Contract:
A. Employee Insurance. The Service Provider shall provide for all of its
employees engaged in work performed under this Contract:
i. Workers' Compensation. In accordance with the laws of the State of
Colorado.
ii. Employer,'s Liability Insurance. In an amount not less than One
Hundred Thousand Dollars ($100,000.00) per occurrence, Five
Hundred Thousand Dollars ($500,000.00) aggregate, for each
employee.
B. Liability Insurance. The Service Provider shall provide the following liability
insurance coverage:
i. Commercial General Liability and Automobile Liability Insurance.
Commercial general liability and automobile liability insurance as will
provide coverage for claims for damages resulting from bodily injury
or death, as well as for claims for property damage or loss, which
damages may arise directly or indirectly from the performance of work
under this Contract. Amount of coverage for commercial general
liability shall be not less than One Million Dollars ($1,000,000.00) per
occurrence for bodily injury, death and property damage or loss.
Amount of coverage for comprehensive automobile liability shall be
not less than One Million Dollars ($1,000,000.00) combined single
limits, per accident, for bodily injury, death and property damage_ or
loss, and coverage shall extend to any vehicle (including owned, hired
and non -owned vehicles) used by the Service Provider, or with the
consent of the Service Provider, in connection with the performance of
the Work Plan. Insurance coverage required herein shall also meet all
of the following requirements:
DDA. Elks Abatement.Services Contract.veoliaYINAL.03.02.10 6
1. Insurance coverage shall be "occurrence made," not "claims
made";
2. No such policy or policies shall have any form of pollution
exclusion;
3. The DDA shall be named on such policy or polices as an
additional insured with primary coverage;
4. Such policy or policies shall contain a standard cross -liability
endorsement; and
S. Such policy. or policies shall also contain substantially the
following statement:
"The insurance covered by this Certificate shall not be
canceled or materially altered, without thirty days (30)
days' prior written notice to the Fort Collins, Colorado,
Downtown Development Authority."
ii. Certificates of Insurance. Prior to commencing work hereunder, the
Service Provider shall furnish the DDA with certificates of insurance
for all liability insurance required herein, which show the type,
amount, class of operations covered, effective dates and date of
expiration of such policies.
C. Subcontractor Liability. In the event that any work performed hereunder is
performed by a subcontractor, the Service Provider shall be responsible for
any and all liability resulting from, arising out of or in any way connected
with the work performed under this Contract by such subcontractor, which
liability is not covered by such subcontractor's insurance.
D. Breach of Insurance Requirements. In the event the Service Provider breaches
any provision of this Section 17, the DDA shall have the right, but not the
obligation, to take out and maintain throughout the term hereof any insurance
policy or policies necessary to meet the insurance requirements contained
herein, and the DDA shall have the right to deduct the cost of such policy or
policies from payments due, o'r which may become due, to the Service
Provider.
18. indemnification. The Service Provider hereby agrees to indemnify, save and hold
harmless, to the fullest extent permitted by law, the DDA and the City, their members, directors,
officers, employees and agents, from and against any and all actions, suits, claims, demands,
liability, loss, cost, expense or damage, of any nature whatsoever, including judgments,
attorneys' fees and other reasonable legal expenses, resulting from, arising out of or in any way
connected with the Service Provider's performance hereunder. In any and all actions, claims,
DDA. Elks Abatement.Services Contract.Veolia.FINAL03.02.10 7
suits or demands against the DDA or the City, or their officers, directors, members, employees
and agents, by any employee or agent of the Service Provider, or of any the Service Provider's
subcontractors, the indemnification obligation under this Section 18 shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or
for the Service Provider or any subcontractor under workers' compensation laws, disability
benefit laws or other employee benefit laws provided by local, state or federal law.
19. Notification of Claim. The DDA shall notify the -Service Provider within a
reasonable time after receiving notice of any claim for which -the indemnity provision contained
herein would apply. So long as the Service Provider promptly and vigorously defends a claim,
the Service Provider shall have control over the defense and settlement of any such claim;
provided, however, that the Service Provider must obtain a complete discharge of all DDA
liability through any such settlement. In the event that the Service Provider fails to promptly and
vigorously pursue the defense and/or settlement of such claim, the DDA shall have the right, but
not the obligation, to assume the defense and settlement thereof, and the Service Provider shall
be liable for all costs and expenses incurred by the DDA in the pursuit thereof. The DDA shall
furnish, at the Service Provider's reasonable request and expense, information and assistance
necessary for such defense.
20. Licenses and Business Requirement. During the term hereof, the Service Provider
shall hold, in the Service Provider's name, all certifications, licenses and permits required by
local, state or federal law to perform the Work Plan, and the Service Provider shall have full
authority to do such business in the State of Colorado. The Service Provider shall also maintain a
designated place of business for making and accepting communications with or from the DDA.
21. Legal Compliance and Quality of Performance. The Service Provider warrants to
the DDA that it shall exercise the highest degree of competence and care, as determined by
accepted standards for work of a similar nature, in performing any services or work hereunder,
and that such services and work shall be performed in accordance with all local, state and federal
laws, including, by way of example and without limitation, the Colorado Air Pollution
Prevention and Control Act, C.R.S. §25-7-101 et seq., and the Colorado Hazardous Waste Act,
C.R.S. § 25-15-101 et seq.
22. Failure to. Complete. In the event that the Service Provider becomes unable or
unwilling to complete performance in accordance with the terms hereof, any and all work
completed prior to the effective date of such inability or unwillingness to perform shall be the
property of the DDA. The DDA shall be entitled to withhold any sums not yet paid to the
Service Provider, and. may use any such sums toward completion of the Work Plan in any
manner the DDA, in its sole discretion, deems appropriate.
23. Notice. Any notice required or desired to be given by any party to this Contract
shall be in writing and may be: (1) personally delivered; (2) sent by certified mail, return receipt
requested; or (3) sent by a nationally recognized receipted overnight delivery service, including
the United States Postal Service, United Parcel Service, Federal Express, or Airborne Express,
for earliest delivery the next day. Any such notice shall be deemed to have been given and
received as follows: (1) when personally delivered to the party to whom it is addressed; (2)
DDA. Elks Abatement. S mvicesContractveoliaYNI AL.03.02.10
when mailed, three delivery (3) days after deposit with the United States Postal Service, postage
prepaid; and (3) when by overnight delivery service, one (1) day after deposit in the custody of
the delivery service. The addresses for the mailing or delivering of notices shall be as follows:
If to the Service Provider: Veolia ES Special Services, Inc.
Attn: David Keyfauver
9131 East 96th Avenue, Unit B-2
Henderson, CO 80640
With a copy to:
Veolia ES Special Services, Inc.
Attn: Senior Contract Administrator
2905 Paine Ave
Sheboygan, WI 53081
If to the DDA: The Fort Collins, Colorado,
Downtown Development Authority
Attn: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
With a copy to: Liley, Rogers & Martell, LLC
Attn: Lucia A. Liley, Esq.
300 S. Howes Street
Fort Collins, CO 80521
Notice of a change of address of a party shall be given in the same manner as all other
notices, as hereinabove provided.
24. Independent Contractor. The services to be performed by the Service Provider
are those of an independent contractor and not of an agent or employee of the DDA or the City,
nor shall the Service Provider's employees, agents or subcontractors be considered employees or
agents of the DDA or the City. Neither the DDA nor the City shall be responsible 'for
withholding any portion of the Service Provider's compensation hereunder for the payment of
FICA, Workers' Compensation or other taxes or benefits or for any other purpose.
25. No Assignment. The Service Provider acknowledges that the DDA enters into
this Contract based upon the unique qualifications and special abilities of the Service Provider,
and, in recognition thereof, the Service Provider agrees that this Contract shall be considered an
agreement for personal services. Accordingly, the Service Provider shall not have the right,
power or authority to assign any of its responsibilities nor delegate any of its duties arising
DDA. Elks Abatement. Services Contract.Veolia.FINAL.03.02.10 9