HomeMy WebLinkAboutBID - 7098 HAZARDOUS MATERIAL ABATEMENT AT 140 EAST OAK STREET��}`/ of
CFity
Services
Purchasing
Purchasing Division
215 N. Mason St. 2"' Floor
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Collinso
Box 580
Fort Collins, CO 80522
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970.221.6775
Purchasing
970.22
fcgov.com/Purchasing
INVITATION TO BID
7098 Hazardous Material Abatement at 140 East Oak Street
BID OPENING: 3:00 P.M. (our clock), January 20, 2010
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid pro osal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2" Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), January 20,
2010.
A MANDATORY pre -bid meeting will be held January 6, 2010 at 10:00 a.m. at the site, 140
East Oak Street. THIS WILL BE THE ONLY OPPORTUNITY TO VIEW THE BUILDING.
Technical questions should be referred to Anne Aspen, Project Manager at 970-484-2020 or e-mail
aaspen(@fcgov.com.
Questions regarding bid submittal or process should be directed to John D. Stephen, CPPO, LEED
AP, Senior Buyer (970)221-6777.
A copy of the Bid may be obtained as follows:
Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter
into contract or honor the purchase order will be cause for removal of supplier's name from the City
of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
If to the Service Provider:
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.
23. Independent Service Provider. 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.
24. 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 hereunder to any other
individual or entity, without the prior written consent of the DDA.
25. 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.
26. 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
Page 10 of 14
DDA.Services Contract. Limited Construction. Revised.12/09
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.
27. Materiality of Terms/Default. 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.
28. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains 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. A party's use of one form of remedy
shall not preclude that party from availing itself of any other remedies provided by law or at equity.
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 of such condition within three (3) business days following the onset of such condition.
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 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. Severability 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.
33. 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.
Page 11 of 14
DDA.Services Contract. Limited Construction. Revised.12/09
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
ii. 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.
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 ofjob 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 the DDA within three 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
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DDA.Services Contract. Limited Construction. Revised.12/09
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. Subject to Annual Appropriation. Any financial obligations of the DDA arising
under this Contract which are payable after the current fiscal year are contingent upon funds for that
purpose being annually appropriated, budgeted and otherwise made available by the City Council of
the City, in its discretion, and/or the Board of Directors the DDA, in its discretion, as applicable.
37. Sole Source Contract. To the extent this Contract may be construed to be a `sole
source contract' within the meaning of Sections 15 through 17 of Article XXVIII of the Colorado
Constitution, and to the extent these constitutional provisions have not been enjoined or invalidated
by a court of competent jurisdiction, the requirements and limitations of these constitutional
provisions are hereby incorporated into this Contract.
3.8. Local, State and Federal Law. The meaning of "local, state [and/or] federal law,"
shall include the state constitution and federal constitution, as applicable, in addition to all relevant
and controlling acts, statutes, ordinances, rules, regulations, common law doctrines and judicial
precedents, which are now in force or which may hereafter be articulated, rendered, adopted,
approved, enacted, amended or promulgated by any legislative, executive, judicial or administrative
body at any and all levels of government.
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DDA.Services Contract. Limited Construction. Revised.12/09
39. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and
year first written above.
ATTEST:
Bill Sears, Secretary
THE FORT COLLINS, COLORADO,
DOWNTOWN DEVELOPMENT AUTHORITY, a
body corporate and politic
LIM
Patty Spencer, Chairperson
THE SERVICE PROVIDER:
By:
(sign)
Name:
(print)
Title:
IF SERVICE PROVIDER IS A CORPORATION:
ATTEST:
(sign)
Corporate Secretary
(print
. Page 14 of 14
DDA.Services Contract. Limited Construction. Revised.12/09
CORPORATE SEAL:
[place seal here]
name)
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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
September 14, 2009
- wal 'I
Environmental Scientists and Engineers, LLC ���
ASBESTOS ABATEMENT, REGULATED BUILDING
MATERIALS, AND MERCURY CONTAINING FLOORING
REMOVAL WORK PLAN
140 EAST OAK STREET
FORT COLLINS, COLORADO
September 14, 2009
Prepared for: Ms. Anne Aspen
Downtown Development Authority
Project Manager
19 Old Town Square, Suite 230
Fort Collins, Colorado 80524
rmel 01 - Z �E � P I -e /a
Prepared by:
Michael P. Castell
Environmental Scientist
Certified Asbestos Inspector/Management Planner,
Designer, Air Monitoring Specialist
Reviewed by:
e
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.walshenv.com
WALSH Project Number: 900055.7955.010
-AiWalsh.
Environmental Scientists and Engineers, LLC
TABLE OF CONTENTS
1 INTRODUCTION.............................................................................................................................................. I
2 SCOPE OF WORK............................................................................................................................................I
2.1 RACM TO BE REMOVED.............................................................................................................................1
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....................................................................................................................................8
2.3.2 WASTE HANDLING/DISPOSAL.....................................................................................................................8
2.3.3 VISUAL INSPECTION....................................................................................................................................8
3 SPECIAL CONSIDERATIONS.......................................................................................................................8
4 SUBMITTALS...................................................................................................................................................9
4.1 PLAN OF ACTION.........................................................................................................................................9
4.2 TECHNICAL SUBMITTALS............................................................................................................................9
5 SCHEDULE........................................................................................................................................................9
6 PROJECT COORDINATION........................................................................................................................10
7 INSURANCE....................................................................................................................................................10
8 QUALIFICATIONS AND LIMITATIONS..................................................................................................11
LIST OF TABLES
TABLE1. RACM TO BE REMOVED.............................................................................................................................1
TABLE2. RBMS TO BE REMOVED.............................................................................................................................6
TABLE 3. MERCURY FLOORING TO BE REMOVED.......................................................................................................7
LIST OF APPENDICES
APPENDIX A FIGURES
Figure 1 RACM to be Removed
Figure 2 Mercury Containing Flooring to be Removed
900055.795.010 140 East Oak St Work Plan i
-Walsh
Environmental Scientists and Engineers, LLC
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
f/cc
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/mm'`
Structures per square millimeter
TEM
Transmission Electron Microscopy
US
United States
USEPA
U.S. Environmental Protection Agency
WALSH
Walsh Environmental Scientists and Engineers, LLC
900055.795.010 140 East Oak St Work Plan ii
A Walsh
Environmental Scientists and Engineers, LLC
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 140 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 hazardous 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 well as the
approximate quantities of RACMs to be removed.
TABLE 1. RACM to be Removed
140 East Oak Street
Fort Collins, Colorado
Material
Material
Type
Friability
PercentageMaterial
and Type of
Approximate
Description
Location*
Asbestos
Quantity
FTC09 - 9" xT floor
80%
tile with felt backing,
115
Miscellaneous
Friable
chrysotile
56 SF
sheet vinyl squares
900055.795.010 140 East Oak St Work Plan
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject
any and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or
is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after
the bid opening.
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
where renewal is a way of life
~Walsh
Environmental Scientists and Engineers, LLC
Material
Material*
Percentage
Approximate
Description
Location
Material Type
Friability
and Type of
Quantity
Asbestos
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
perlitic plaster
214, 303, B-03, B-
04, B-04A, B-04B
PL08 — white
plaster with grey
2.25%
sandy base coat
113
Surfacing
Non -friable II
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 surrounding 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
900055.795.010 140 East Oak St Work Plan 2
AWa1Sh.
Environmental Scientists and Engineers, LLC
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:
900055.795.010 140 East Oak St Work Plan
-Walsh
Environmental Scientists and Engineers, LLC
- 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 ACMs. 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 (Fcc) 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. .
900055.795.010 140 East Oak St Work Plan 4
-Walsh
Environmental Scientists and Engineers, LLC
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 (Um'). 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
analyzed by PCM (and verified by TEM), the Contractor shall comply with CDPHE
requirements for Major Asbestos Spills (Regulation 8 Section III.T.1). If the high
reading was the result of a failure of work area isolation measures initiate the
following actions:
- Immediately erect critical barriers to isolate the affected area from the balance
of the building and establish a negative pressure differential. Erect critical
barriers at the next existing structural isolation of the involved space (e.g.
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.
900055.795.010 140 East Oak St Work Plan
W1S11.
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
Material
Approximate
Total.Count
% Estimated
for Removal
Approximate
Estimated
Removal Count
Fluorescent Lamps(mercury)
614
80
495
Light Ballast [polychlorinated biphenyl (PCB]
containing)
300
50
150
High Intensity Discharge Lams
24
100
24
Mercury Gau es/Thermostates
20
100
20
Fire Extinguisher
3
100
3
Smoke Detectors radioactive source
88
0
0
Emergnecy Lighting batteries only)
12
100
12
900055.795.010 140 East Oak St Work Plan
-�a1sh
Environmental Scientists and Engineers, LLC
Material
Approximate
Total Count
% Estimated
for Removal
Approximate
Estimated
Removal Count
Exit lighting
15
100
15
Computer Equipment circuit boards
7
100
7
Rechar eable batteries 1
2
1 100
2
Neon lights 1
3
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
Material Description
Material Location"
Approximate Quantit "*
Polyurethane flooring
217, 218, and 219
2,520 SF
SF = Square Feet
' 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
900055.795.010 140 East Oak St Work Plan
=Walsh
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 dumpsters, 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
900055.795.010 140 Eut Oak St Work Plan
Avvalsh
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.
Pre -start Submittals Daily Submittals Contract Closeout
(Minimum five days prior) (Daily for the previous day) (Two weeks after)
General Abatement Certificate Daily Field Logs Disposal Manifests
Disposal Facility Information Daily Entry/Exit Sign -in Sheets Owner's 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. If the
Contractor neglects to complete the contract in the time specified, the Owner shall be entitled to
liquidated damages including, but not limited to, any cost incurred for the delay of work plus
$500 per day until project completion is attained. These amounts will be deducted from the
Contractors payment at the conclusion of the project.
Project hours will be 7:00 A.M. to 5:00 P.M. 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
900055.795.010 140 East Oak St Work Plan 9
WAsh
Environmental Scientists and Engineers, LLC
Contractor shall bear any costs incurred 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 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 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
documents, at his/her own expense, during the life of this contract. This insurance shall include a
provision preventing cancellation without ninety days prior notice by certified mail and shall state
whether the coverage is "claims made" or "occurrence made." The Contractor shall obtain
"occurrence made" insurance 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.
900055.795.010 140 East Oak St Work Plan 10
Environmental Scientists and Engineers, LLC
8 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.
900055.795.010 140 East Oak St Work Plan I I
City of Fort Collins
Bid 7098
Hazardous Material Abatement at 140 East Oak Street
BID OPENING: January 20, 2010, 3:00p.m. (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS'
REQUIREMENTS FOR HAZARDOUS MATERIAL ABATEMENT AT THE 140 EAST
OAK PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS AND
DRAWINGS:
On behalf of the Downtown Development Authority, The City of Fort Collins' is requesting
bids forthe regulated asbestos -containing materials (RACMs), regulated building materials
(RBMs), and mercury containing flooring at the 140 East Oak Street, Fort Collins, CO. All
materials must be removed in accordance with applicable Federal, State and local
requirements, and attached Work Plan.
All work identified must be completed within twenty five (25) working days from notice of
award. If the Contractor neglects to complete the contract in the time specified, the Owner
shall be entitled to liquidated damages including, but not limited to, any cost incurred for the
delay of work plus $500 per day until project completion is attained. These amounts will be
deducted from the Contractors payment at the conclusion of the project. Contractor must
enter into the attached Service Agreement and name the City of Fort Collins as an
additional insured per Exhibit "B".
A MANDATORY pre -bid meeting will be held January 6, 2010 at 10:00 a.m. at the site,
140 East Oak Street. THIS WILL BE THE ONLY OPPORTUNITY TO VIEW THE
BUILDING.
BID SCHEDULE
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 (RBMs), 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 Sum
FIRM NAM
Are you a Corporation, Partnership, DBA, LLC, or PC
SIGNATU
ADDRESS
PHONE/FAX #
ANvalsh
Environmental Scientists and Engineers, LLC
APPENDIX A
FIGURES
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SERVICES CONTRACT
THIS SERVICES CONTRACT (`'Contract") is made and entered into on this day of
, 20 , by and between THE FORT COLLINS, COLORADO, DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate and politic (the "DDA), and
(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 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.
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 herein provided.
2. Scope of Services. The Service Provider agrees to provide all materials and perform
all services necessary to complete the scope of services, attached hereto as Exhibit " ,"
consisting of ( ) page[s], and incorporated herein by this reference (the "Scope of Services").
3. Commencement and Completion of Scope of Services. The Service Provider shall
commence performance of the Scope of. Services within _ ( ) day[s] following execution of
this Contract, and shall complete performance of the Scope of Services on or before
, 20_. The Service Provider hereby acknowledges and agrees that time is of
the essence with respect to its performance of all aspects of the Scope of Services. Any extension of
the time limit set forth above must be agreed upon in a writing signed by the parties hereto.
Page 4 of 14
DDA.Services Contract. Limited Construction. Revised.12/09
aiWajsh
Environmental Scientists and Engineers, LLC
APPENDIX B
REGULATED BUILDING MATERIALS INVENTORY
'BUILDING: Former Elks Lodge (7955010)
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®AT h 9/2/2009 2:10:52 PM Page I of 6
Environmental Scientists and Engineers LLC
9/2/2009 2:10:53 PM Page 2 of 6
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Environmental Sciendsts and Engineers LLC
REGULATED. BUILDING -MATERIALS :APPROXIMATE INVENTORY
BUILDING COMPONENTS-;,;.
COMMENTS -REPORT
iBUILDING: 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
III
SD
Unknown rad. Content
112
SD
Unknown rad. Content
113
SD
Unknown rad. Content
115
SD
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 shelf, 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
204
SD
Unknown rad. Content
®AATiJQ1i
9/2/2009 2:10:54 PM Page 4 of 6
Environmental Scientists and.Engineers LLC
;BUILDING: Former Elks Lodge (7955010)
Material
Room ID Code Comments
205
SD
Unknown rad. Content
207
CF
FL4
SD
Water fountain
One in closet
Unknown rad. Content
210
SD
Unknown rad. Content
211
SD
Unknown rad. Content
212
SD
Unknown rad. Content
213
SD
Unknown rad. Content
214
EX
SD
1 on north, 2 on east
Unknown rad. Content
215
SD
Unknown rad. Content
220
SD
Unknown rad. Content
221
SD
Unknown rad. Content
223
SD
Unknown rad. Content
300
SD
Unknown rad. Content
302
SD .
Unknown rad. Content
304
SD
Unknown rad. Content
305
MTG
SO
North wall, east end
Unknown rad. Content
306
SD
Unknown rad. Content
307
SD
Unknown rad. Content
308
SD
Unknown rad. Content
309
SD
Unknown rad. Content
310
SD
Unknown rad. Content
311
SD
Unknown rad. Content
312
SD
Unknown rad. Content
313
SD
Unknown rad. 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-055A
SD
Unknown radioactive content
9/2/2009 2:10:54 PM Page 5 of 6
Environmental Scientists and Engineers LLC
;BUILDING: Former Elks Lodge (7955010)
Room ID
Material
Code
Comments
B-06
SD
Unknown rad. Content
B-07
SD
Unknown rad. Content
B-08
SD
Unknown rad. Content
B-09
SD
Unknown rad. Content
B-10
SD
Unknown rad. Content
B-10A
SD
Unknown rad. Content
B-11
SD
Unknown rad. Content
B-12
SD
Unknown radioactive content
B-13
SD
Unknown rad. Content
B-13A
SD
Unknown rad. Content
B-15
SD
Unknown rad. Content
B-16
FLO
SD
CF bulbs
Unknown rad. Content
B-17
SD
Unknown rad. Content
B-19
SD
Unknown rad. Content
B-20
SD
Unknown rad. Content
B-21
FLO
SD
CF bulb
Unknown rad. Content
B-23
CE
MEF
SD
Elevator controls
— 150 gallons of oil
Unknown radioactive content
Ick"/ 9/2/2009 2:10:55 PM Page 6 of 6
Environmental Scientists and Engineers LLC
sh
Environmental Scientists :and Engineers, LLC
Corporate Headquarters: Boulder. Colorado
Grand Junction, Colorado
Colorado Springs. Colorado
Fort Collins. Colorado
Quito, Ecuador
Lima, Peru
4. The Work Schedule. The Service Provider shall perform the Scope of Services in
accordance with the work schedule attached hereto as Exhibit ," consisting of ( )
page[s], and incorporated herein by this reference (the "Work Schedule").
5. Contract Sum. 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, in accordance with attached Exhibit " ," consisting of ( ) page[s], and
incorporated herein by this reference.
6. DDA Representative. The DDA has designated ,
of the DDA, as its representative for this project (the "DDA Representative").
The DDA Representative shall, within his or her scope of authority, handle all matters related to this
Contract (the "DDA Representative'). The Service Provider should direct all communications to the
DDA Representative.
7. Notice to Proceed. Excepting off -site preparatory arrangements, the Service Provider
shall not commence performance of the Scope of Services until receiving notice to proceed from the
DDA. Upon the happening of all of the following events, the DDA shall send notice to the Service
Provider indicating that it may commence with the Scope of Services ("Notice to Proceed"):
a. execution of this Contract;
b. receipt by the DDA of certificates of insurance which demonstrate that the
requirements of Section 17 hereof have been satisfied; and
c. If subcontractors are to be used by the Service Provider, approval by the DDA of all
such subcontractors, as required by Section 13 hereof.
8. Reporting Requirement. Commencing days after the date of execution of this
Agreement, and continuing every days thereafter for the term hereof, the Service Provider
shall provide to the DDA Representative a report on of the status of the work with respect to the
Scope of Services, Work Schedule and other material information. Failure to provide any required
monthly report 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 a 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 Scope of Services. The Service Provider shall not deviate from the
specifications contained in the Scope of Services without the prior written consent of the DDA. The
DDA shall have the right during the term hereof to request changes to the Scope of Services through
written change order requests. Once the DDA has delivered notice of such change to the Service
Page 5 of 14
DDA.Services Contract. Limited Construct ion.Revised. 12/09
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.
11. Formal Acceptance of Completed Work. The Service Provider shall provide written
notice of project completion to the DDA within seven (7) days of completing the Scope of Services
(hereinafter "Notice of Completion"). Not more than fourteen (14) days after receipt of Notice of
Completion, the DDA shall inspect the completed work and shall provide a written response to the
Service Provider, informing it that: (1) the DDA fmds that the Scope of Services has been completed
in a manner consistent with the terms and provisions of this Contract and it formally accepts the
completed work; or (2) the Scope of Services 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 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.
14. Safety at Worksite. In completing the Scope of Services, 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 Scope of Services 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,
Page 6 of 14
DDA.Services Contract.Limited Construction. Revised.12/09
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. If subcontractors are used,
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 subcontractors.
16. Coordination, Quality and Accuracy of Services. The Service Provider shall be
responsible for the coordination of all services between the Professional and its subcontractors. 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, and drawings, 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:
Commercial General Liability and Automobile Liability Insurance.
Commercial general liability and commercial 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,
Page 7 of 14
DDA.Services Contract. Limited Construction. Revised.12/09
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)
combined single limits, per occurrence, for bodily injury, death and
property damage or loss. Amount of coverage for commercial 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 Scope of Services. The DDA shall be named on such
policy or polices as an additional insured with primary coverage. Such
policy or policies shall contain a standard cross -liability endorsement,
and shall also contain substantially the following statement:
"The insurance covered by this Certificate shall not be
canceled or materially altered, without ten (10) days' prior
written notice to the Fort Collins, Colorado, Downtown
Development Authority."
ii. Professional Liability Insurance. Professional liability insurance
covering errors and omissions of the Professional. Amount of coverage
shall be not less than One Million Dollars ($1,000,000.00).
iii. 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 Section17, 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, or which may become due, to the Service Provider.
Page 8 of 14
DDA.Services Contract. Limited Construction. Revised.12/09
18. Indemnity. 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, 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. 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 Scope of Services, 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.
20. 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 local, state and federal law, 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.
21. 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 Scope of Services in any manner the DDA, in its.
sole discretion, deems appropriate.
22. 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) 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:
Page 9 of 14
DDA.Services Contract. Limited Construction. Revised.12/09