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HomeMy WebLinkAboutContract 42982 (2)� CITY SECRE'fAkY C�NTRACT N0. `�a� � � BETWEEN CITY OF FORT WORTH AND MIDWEST WRECKING CO. of TEXAS, INC. For Asbestos Abatement and Demolition Commercial Structure at 9700 Ten Mile Bridge Road Project No.: ENV 12-03: FORMER YOUTH CENTER Department of Transportation & Public Works Environmental Services Division February 2012 CITY SECRETARY -; � �� FT. WORTH, TX .�-�9-,_ , _ _ STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR STRUCTURAL DEMOLITION, AND REMOVAL, TRANSPORTATION, AND DISPOSAL OF ASBESTOS CONTAINING MATERIALS 9700 TEN MILE BRIDGE ROAD, FORT WORTH, TEXAS This Contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipality located within Tarrant County Texas, ("City") acting through Fernando Costa, its duly authorized Assistant City Manager, and MIDWEST WRECKING COMPANY OF TEXAS, INC. ("Contractor"), acting through Brian Choate, its duly authorized Chief Executive Officer. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows: City's Representative means the Assistant Director of Transportation and Public Works, Environmental Services Division, or his designee. Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include, but are not limited to this contract all bid documents, the Request for Proposals, Invitation to Bid, instructions to bidders, special instructions to bidders, addenda to the notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), change orders, any contract amendments and the payment, performance and maintenance bonds, or other such similar documents. The Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. CONTRACT FOR STRUCTURAL DEMOLITION - Page 1 of 24 MIDWEST WRECKING COMPANY OF TEXAS, 1NC. 9700 TEN MILE BR/DGE ROAD NESHAP shail mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work. A purchase order is also considered a subcontract. 2. SCOPE OF CONTRACTOR'S SERVICES A. The scope of work shall include the furnishing of all labor, materials and equipment necessary to complete the work specified in Attachment A. B. Contractor shall perForm, in a good and professional manner, the services contained in this Contract and in accordance with all applicable federal, state, and local laws, directives, and guidelines. 3. SCOPE OF CITY SERVICES The City agrees to perForm the following services: A. City shall coordinate with facilities, City departments, and any tenants for access to the site. B. City shall prepare and revise all notifications necessary to the Texas Department of State Health Services Health (TDSHS) for the work provided herein. C. City shall make payment of all applicable TDSHS fees. D. City shall give timely direction to the Contractor. E. City shall render decisions regarding modifications to the Contract and any other issue. CONTRACT FOR STRUCTURAL DEMOLITION - Page 2 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD 4. TIME TO COMPLETE THE PROJECT Contractor will be responsible for coordinating with the Department of Transportation and Public Works - Environmental Services Division, immediately after receipt of notice to proceed, the start date of abatement and demolition activities to allow for notification to the Texas Department of State Health Services (DSHS). Contractor shall begin substantial asbestos abatement and demolition work on a specific date as specified in the notice to proceed, which corresponds to the DSHS notification. Contractor shall complete wo�k specified under this contract within five (5) working days from the beginning of substantial asbestos abatement and demolition activities or the beginning date as shall be otherwise specified in the Notice to Proceed unless an extension of time is granted (in writing) due to inclement weather, any such determination being made in the sole judgment and discretion of the City of Fort Worth. A working day shall be defined as each and every day beginning on the start date for asbestos abatement until the work is completed and accepted by the City. If a stop work order is issued by the City, the number of working days shall be tolled until the day a new Notice to Proceed is issued. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of the plans, specifications and other Contract Documents, then the Owner shall have the right to either (1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract Documents or (2) to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to Owner shall exceed the contract price or prices set forth in the Contract Documents, the Contractor and/or its surety shall pay Owner upon its demand in a writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors, Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and CONTRACT FOR STRUCTURAL DEMOLITION - Page 3 of 24 M/DWEST WRECKlNG COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD subcontractors; and the doctrine of respondent superior has no appiication as between the City and Contractor. 6. COMPENSATION Section 1. Fee Schedule. City agrees to pay Contractor for its services according to the schedule in Attachment B. The City will not be liable for any Contractor costs in excess of the not-to-exceed amount unless City has signed and issued a written, duly authorized amendment or modification to the Agreement. City shall not pay for any work performed by Contractor or its subcontractors, and/or suppliers that has not been specifically ordered by the City in writing by Task Order or Work Assignment pursuant to the terms of this contract or duly authorized modification. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. Section 2. Release Upon Payment Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Section 3. Invoice and Payment. Payment for services rendered shall be due within thirty (30) days of the uncontested perFormance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. 7. LIQUIDATED DAMAGES If Contractor fails to commence and to complete work under this Contract within the stipulated times, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of $1,000.00 (one thousand dollars) per day for each CONTRACT FOR STRUCTURAL DEMOLITION - Page 4 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD day after the date the project was to be completed, until the project is sum shall be treated as liquidated damages and not as a penalty, and from Contractor's compensation such sums as liquidated damages. damage to City for delay in completion of the work is difficult to � amount of the liquidated damages per day as stated above is reasc pecuniary damages for such delay, and is not a penalty. 8. INDEMNIFICATION completed. Such City may withhold The amount of �scertain and the �nably anticipated A. Definitions. In this paragraph, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the work, or due to negligence or an intentional tort by the Contractor, a Subcontractor, or a vendor and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and CONTRACT FOR STRUCTURAL DEMOLITION - Page 5 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND A�L LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT, WHETHER SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE INTENTIONAL TORT OR THE SOLE NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL CONTRACT FOR STRUCTURAL DEMOLITION - Page 6 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BR/DGE ROAD ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTA� DAMAGES OR VIOLATION OF ENVIRONMENTA� REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Contractor under this paragraph shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. E. Upon learning hereunder to notice of same of a claim, lawsuit, or other liability which Contractor is required indemnify, City shall provide Contractor with reasonable timely F. All Contractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. G. The obligations of the Contractor under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. 9. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor subrnit its entire policy for inspection. A. Insurance coverage and limits: 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Professional Liability Insurance Not applicable. CONTRACT FOR STRUCTURAL DEMOLITION - Page 7 of 24 MI DWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The-term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. . 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto CONTRACT FOR STRUCTURAL DEMOLITION - Page 8 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BR/DGE ROAD Contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. CONTRACT FOR STRUCTURAL DEMOLITION - Page 9 of 24 MIDWEST WRECK/NG COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD 1 :• � A. Payment and PerFormance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth a payment bond if the contract is in excess of $25,000 and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth, in 100% the amount of the Contract, and conditioned on the faithful perFormance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. CONTRACT FOR STRUCTURAL DEMOLITION - Page 10 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD 11. WARRANTY Contractor warrants that it understands the currently known hazards and the suspected hazards which are presented to persons, property and the environment by the work specified in this contract. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. 12. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from: acts of God, acts of the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and extreme meteorological events. Contractor affirms a duty to mitigate any delays or damages arising from such causes. B. If Contractor fails to begin work herein provided for within the time specified herein, or to complete such work within the time specified herein, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City's total costs exceeds the costs as agreed in the contract documents, the City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. C. If at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract at the discretion of the City. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. D. City may terminate this Contract at its sole discretion and without cause upon thirty (30) days prior written notice to Contractor, and such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work that is completed by Contractor and accepted by the City. CONTRACT FOR STRUCTURAL DEMOLITION - Page 11 of 24 MIDWEST WRECK/NG COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 13. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its o�cers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. 14. MODIFICATION No modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. Furthermore, no modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or compensation must be in the form of a written, formal, authorized modification of this contract that is in accordance with all applicable state and city laws, regulations, and ordinances. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral change to a material term of this contract from the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work perFormed based upon an alleged oral change to a material term of this contract from the City, its employees, or agents. 15. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the CONTRACT FOR STRUCTURAL DEMOLITION - Page 12 of 24 MIDWEST WRECK/NG COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 16. MINORITY AND WOMAN BUSINESS ENTERPRISE �M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Contractor acknowledges the M/WBE goal established for this Agreement (10%) and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 17. PREVIALING WAGE RATES Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts and Contractor shall comply with the Davis — Bacon Act for building and construction trades, and shall comply with the prevailing wage requirements as specified in the RFP for the project. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is perFormed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. CONTRACT FOR STRUCTURAL DEMOLITION - Page 13 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD 18. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layofF, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of ineeting the requirements of this section. 19. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 20. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. CONTRACT FOR STRUCTURAL DEMOLITION - Page 14 of 24 MIDWEST WRECKlNG COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD 21. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 22. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas. 23. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Michael Gange, Assistant Director Department of Transportation and Public Works 1000 Throckmorton St. Fort Worth, TX 76102 If to the Contractor: Brian Choate, Chief Executive Officer Midwest Wrecking Company of Texas, Inc. P.O. Box 161819 Fort Worth, TX 76161 24. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any CONTRACT FOR STRUCTURAL DEMOLITION - Page 15 of 24 MIDWEST WRECK/NG COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. 25. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 26. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 27. ENTIRETY This contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict befinreen the specific terms of this contract and any other contract documents, then the terms of this contract shall govern. 28. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to CONTRACT FOR STRUCTURAL DEMOLITION - Page 16 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. The remainder of this page is left blank intentionally. CONTRACT FOR STRUCTURAL DEMOLITION - Page 17 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD ATTTACHMENT A. SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary to perform the removal of all interior asbestos-containing ceiling and wall systems, ceiling textures, thermal system insulation, and asbestos-containing flooring materials in accordance with the abatement and work specifications determined by the City (or its consultant) and the subsequent demolition of all structures located on the parcel located at: 9700 Ten Mile Bridge Road, Fort Worth, Texas PROJECT SPECIFICATIONS Consultant Specifications All work shall be perFormed in accordance with the consultant specification documents entitled "Asbestos Abatement Specifications, Former Youth Center Project" and those specification documents are incorporated into the terms of this contract by reference in their entirety. It is foreseeable that the specifications may be amended by the consultant in response to site specific information which may be obtained in the future. Any future modifications of the consultant specifications shall be binding on the contractor. Site Preparation Prior to any demolition activities, the contractor will remove all universal waste items including light bulbs, mercury-containing devices, paints, pesticides, etc.. In addition, asbestos vinyl flooring, thermal systems insulation and wall and ceiling texture, from the interior of the structures, shall be removed in accordance with Federal, State and local rules and regulations These items will be properly packaged and disposed by the contractor. The contractor will provide documentation (waste manifest, bill of lading, etc.) that the waste was properly disposed. Contractor will disconnect all associated air conditioning units and properly evacuate any remaining refrigerant contained within the units prior to being disconnected. CONTRACT FOR STRUCTURAL DEMOLITION - Page 18 of 24 MIDWEST WRECK/NG COMPANY OF TEXAS, INC. 9700 TEN MILE BR/DGE ROAD Utilities will have been terminated to the sites. Prior to demolition, the contractor will be responsible for verifying that all utilities (i.e. natural gas, telephone, water, etc.) have been disconnected. Contractor will cut and cap all site utilities at point of connection to the site. Contractor will be responsible for contacting applicable utility services in order to decide whether or not main lines or routes effectively traverse the project site. It will be determined with the consultation of City staff the best method to address any utility concerns involving the aforementioned utility service issues. Site Work All structures will be fully demolished including removing all slabs/foundations, utility infrastructure and grading of the parcel to properly manage storm water. Prior to the start of demolition of any structure, each structure shall be inspected to ensure the safety of the crew. Prior to any site disturbance, the contractor will have implemented the Best Management Practices (BMPs) This shall include, but not be limited to, the use of silt fencing, rock check dams, mulching, erosion control blankets, curb and inlet protection devices, sediment traps, sediment basins, and/or stabilized construction entrances and exits. Demolition activities will include the demolition of all site structures, concrete/asphalt parking, slabs/foundations, and retaining walls. Streets, drives, and curbs within the perimeter of the complex will be removed; however streets, drives and curbs constituting the perimeter will remain. All demolition debris will be removed from the site and recycled or disposed in a landfill accepting such waste. All foundations will be removed down to a minimum of 2 feet below grade. If foundations/piers extend beyond 2 feet below grade, they may be severed at that point and left in place. Contractor shall clean and remove all remaining furniture, fixtures, furnishings, building materials, tires, debris, trash, rubbish and any other solid waste from the premises. These materials shall be recycled, reclaimed or disposed at a facility or landfill that is approved to accept such waste. Contractor shall maintain proper safety fencing, as needed, and also provide for adequate signage, barricades, traffic cones, and "flagmen" during the course of the project when heavy traffic will be leaving or entering the site. CONTRACT FOR STRUCTURAL DEMOLITION - Page 19 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD Associated fencing existing entirely on the project site that does not exist as a single barrier between the project site and the neighboring properties will be removed and properly disposed of. Demolition activities will be performed in accordance with Federal, State and local visible emission requirements (i.e. no visible emissions will leave the demolition area). Water is available in the vicinity of the construction area. The Contractor is responsible for obtaining a City of Fort Worth — Water Department water meter if usage of water from nearby fire hydrants is anticipated. The work area will be maintained in a manner that will control all demolition debris from becoming windblown and/or migrating from the work area during and after working hours. The contractor shall use site material, if available, or clean fill from an approved source to fill any holes in the terrain resulting from any of the above work, and grade the entire lot, ensuring that low areas are filled to prevent the pooling of water. For the duration of the entire project, contractor shall sweep dirt and debris from the haul routes used to ensure any sediment tracked from the site is collected and does not migrate onto City streets. Project Coordination Contractor will be responsible for coordinating with the Department of Transportation and Public Works - Environmental Services Division, immediately after receipt of notice to proceed, the start date of abatement and demolition activities to allow for notification to the Texas Department of State Health Services (DSHS). Upon receipt of a notice to proceed and prior to demolition, contractor must obtain a wrecking permit to demolish the subject structure from the Planning and Development Department, telephone (817) 392-2222. In obtaining the wrecking permit, the contractor will be required to abide by City of Fort Worth ordinance number 17228, also known as the "Tree Preservation Ordinance." Under the preservation ordinance, no tree 6" diameter or greater will be removed and all trees within 50 feet of a structure will be protected as per Tree Ordinance #17228. Removing trees that interfere with construction is permissible while still retaining 50% of existing canopy. It is the City's intent to leave all trees in place and only remove trees that are dead or will jeopardize the health and safety of the workers performing demolition activities. CONTRACT FOR STRUCTURAL DEMOLITION - Page 20 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIOGE ROAD The remainder of this page is left blank intentionally. CONTRACT FOR STRUCTURAL DEMOLITION - Page 21 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD ATTACHMENT B. COMPENSATION SCHEDULE THIS IS A FIXED-PRICE CONTRACT. ALL DEMOLITION MATERIAL QUANTITIES HEREIN ARE ESTIMATES FOR ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE AMOUNT OF DEMOLITION TO BE PERFORMED ON THE PROJECT AND ARE NOT TO BE CONSTRUED AS A LIMITATION OR MAXIMUM ON THE AMOUNTS OF DEMOLITION REQUIRED TO BE PERFORMED BY CONTRACTOR. QUANTITIES IDENTIFIED IN CONTRACT ARE ESTIMATED BY THE CITY AND/OR THE CITY'S CONSULTANT, AGENT, OR DESIGNEE. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL QUANTITIES. CLAIMS FOR ADDITIONAL COMPENSATION DUE TO VARIATIONS BETWEEN CONDITIONS ACTUALLY ENCOUNTERED IN THE PROJECT AND AS INDICATED IN THE CONTRACT DOCUMENTS WILL NOT BE ALLOWED. A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a total price not to exceed thirty-nine thousand, one- hundred seventy dollars ($39,170.00) for the completion of all work specified in this contract. B. The City shall not compensate Contractor in excess of the Not-to-Exceed Amount unless the City has executed a written, authorized, and formal Modification to the Contract signed by the City Manager or an Assistant City Manager of the City of Fort Worth. It is expressly agreed befinreen the parties that there shall be no oral modifications to this contract. C. The parties agree that the abatement and demolition grand total as specified in the Contractor's bid (and the Not-to-Exceed amount in this contract) of thirty-nine thousand, one-hundred seventy dollars ($39,170.00) shall be the whole of compensation for all of the services specified in this contract. In the event of a discrepancy between any unit price and the contract grand total or not-to-exceed price, the grand total or not-to-exceed price shall prevail. In no event will compensation be greater than the not-to-exceed amount described herein. D. Quantities identified in the Invitation to Bid were estimated quantities only. Prior to submitting a bid, as noted in the Invitation to Bid, the Contractor was responsible for verifying all quantities upon which the Contractor's bid was based. The Contractor was to rely exclusively upon its own estimates, investigation, research, tests, and other data necessary to supply the full and CONTRACT FOR STRUCTURAL DEMOLITION - Page 22 of 24 MIDWEST WRECK/NG COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD complete information upon which the Contractor's bid was based. It is mutually agreed that submission of a bid is prima-facie evidence that the Contractor has made all of the investigations, examinations, and tests required to make a fully informed offer. E. By executing this contract, the Contractor affirms and agrees that the Contractor has had the opportunity and duty to confirm all quantities prior to submitting a bid, and Contractor expressly waives any and all right to additional compensation other than the contract grand total as a result of any discrepancy between the quantities encountered and the estimated quantities in the Invitation to Bid and bid documents. F. The parties intend and agree that any change order or modification to this contract will be in the case of only the most extraordinary of circumstances. Any claims for additional compensation based upon variations between conditions actually encountered in this project and conditions as indicated in the Contract Documents will not be allowed. Any claims for additional compensation proposed by Contractor will be examined by the City in consideration of the terms described herein and the Contractors request for additional compensation must clearly show why the variation was not identifiable prior to the Contractor submitting its bid. As used in this contract, "not identifiable" means that the Contractor a) performed all investigation, research, tests, and other data collection necessary to accurately determine quantities, and b) no reasonably possible investigation, research, tests, or other data collection could have identified the variation. The final determination as to additional compensation will be made at the sole judgment and discretion of the City. The remainder of this page is left blank intentionally. CONTRACT FOR STRUCTURAL DEMOLITION - Page 23 of 24 MIDWEST WRECK/NG COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD � SIGNATURE PAGE FOR CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL, TRANSPORTATION, AND DISPOSAL OF RELATED MATERIALS IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR Midwest Wrecking Company of Texas, Inc BY: /�itt�iw,�o (.�i� Fernando Costa Assistant City Mana er Date Signed: iZ REGOI�AM�N��D: Michael Gan Assistant Di ctor Transportatio d Public Works APPROVED AS TO FORM AND LEGALITY: BY: 'r ` Brian Choate Chief Executive Officer WITNESS ���E�-- CORPORATE SEAL: � `'1, C.�-�. � C �� �v�-�`�. Arthur N. Bashor Assistant City Attorney A �S �� 1 � -�1-Y � / t°-�- � � �r, ���,� � - lar�f J. Kayser ity Secretary ..�,�.h„a,�.,R I�f�? i�t�C�: ���iJ���� ��'��17� �"``�c� �,✓� oQp d a o �°O��y�� r o ow � � ° ���d 4 � �� ��� � O � FI ���°o o -�.�,,d � °°�0000Q°°� .c,� �an �`�'7� ���a CONTRACT FOR STRUCTURAL DEMOLITION MIDWEST WRECKING COMPANY OF TEXAS, INC. 9700 TEN MILE BRIDGE ROAD C�����'���,f'f���;ORD c�liY SECRETARY �'T. lNOR�'H, �X �l � L � f1 �. VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in required to be the Statute is attached. (give State), our principal place of business, are percent lower than resident bidders by State law. A copy of Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. -� Bidder: Midwest Wreckin� Co. of Texas, Inc. PO Box 161819 Fort Worth, Texas 76161 �,�.� (`�,��� By: (Please Print) �C� Signature l.�-� Title (Please Print) � �i �� ��. - � " � ` r , ._ ._ _ ___ . . . �� _ . . _ . � �J . � . � � �i L� � � �. � _ ��:� :r�:.. - � �� I 11 7� CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No. ENV 12-03: Former Youth Center. CONTRACTOR Midwest Wreckinq Co. of Texas, Inc. By: � � Name: �If°sv� GHt�°tQl�- Title: � � Date: �?A� 7_ STATE OF TEXAS § § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared �.a �c�c� �'����1� �, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Midwest Wreckinq Co. of Texas, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this��� day of ��hCu_C� , 20 �Z . Traci Robinson � ���� ; Notary Public � � Swce of Texa Comm. Exp. 06-22 15 � Notat-y ic in and for the State of . ............... ...< Texas LI �U �i 0 0 (l � CERTIFICATE OF INSURANCE T0: CITY OF FORT WORTH Date: February 22. 2012 NAME OF PROJECT: Asbestos Abatement and Demolition of Commercial Structure at 9700 Ten Mile Bridqe Road PROJECT NUMBER: ENV 12-03: Former Youth Center CONTRACTOR: Midwest Wreckinq Co. of Texas, Inc. _ Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. ll ll �� I �� �_ � II L� U 'i �l � � � TEXAS STATUTORY PAYMENT BOND (PUBLIC WORKS) BOND NO. 0561628 KNOW ALL MEN BY THESE PRESENTS: THAT, Midwest Wreckin� Co. of Texas, Inc., (hereinafter called the Principal), as Principal, and International Fidelitv Insurance Company, a corporation organized and existing under the laws of the State of 1v,T, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto Citv of Fort worth Purchasing Division ,(hereinafter called the Obligee), in the amount of THIRTY-NINE THOUSAND ONE HUNDRED SEVENTY AND NO/100THS Dollars ($39,170.00) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly ancl severally, firmly by these presents. WHEREAS, the �r.incipal has entered into a certain contract with the Obligee, dated the day of ,_ , foT Fort Worth Nature Center Removal of Asbestos Containin� Materials and Demolition of Struci�cre� � 9700 Ten Mile Bridge Road, Fort Worth TX , which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED. HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHE�2E�0F, the said Principal and Surety have signed and sealed this instrument this day of , 2012. PRINCIPAL: Midwest Wrecking Co. of Texas, Inc. BY: � SURETY: International Fidelity Insurance Company : � Richard W. Dailcer, Attorney-In-Fact Tel i 1�1'1':�. ��� �ELITY Il�TS�.JIZAl�TCE C�l�IPAl�Y � NEWARK CENTER, 20TH FLOOR NEW JERSEY ; 07102-5207 I�NOW ALL MEN BY TH�SE PR�S�NTS: :That INT�RNATIONAL I+ID�LITY INSURANC� COD�IPANY, a corporation organized and existing la�vs of the State of New Jersey, and haviiig i[s principal office in tlte Ciry of Ne�vark; Ne�v Jersey, does Ilereby constitute and appoint .:..: ......:.. ........ ........: . :.:. .... ..... .. • ........... .. ;,,....... ..,. .. .. ,.. .... ..... . AARON ENDRIS, JEREMY $ARNETT; TONY FIERRO, RQBERT'J. SHUYA, JOHNNY MOSS, ' RICHARD W. DAIKER; JAY JORDAN' Rockwall, TX. ' .. , , . .. . . ... rts true and lawful attorney(s)-in-fact to execute,''seal and deliVer for and on its behalf as surety, any' and alI bonds and undertakmgs, contracts of mdemnity and other writings o�tigatory m the iiature thereof, which are or may Ue allowed, ��equirecl oc pennitted by law,: stature, ivle, regulation, contract or otherwise, and the execution'of such mstrument(s) iii,pursuance of these,.preseiits, shall 6e as Gindmg upon the sa�d INT�IiNATIONAL FID�LITY INSIJIiANCE COn�IPANY,;as fully and ainply, to aII mtents and pw-poses, as if'U�e same had been duty ezecuted and`ackno�vledged Uy its regularly elected officers at its principal office. This Power of Attoriiey is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of tlle By-Laws adopted by the Boai•d of Directors of INT�RNA'1'IONAL FIDELITY INSi7ItANCE C011�IPANY at a meeting called and helcl on the 7th day ofFebruary, 1974. The President oi• any Vice President, Ezecutive Vice President, Secretary or Assistant Secretary, shall liave power and autliority '(1) To appoint Attoi�iieys-in-fact, and to authorize theiii to execute oii behalf of die Company, and attach the Seal of the Company diereto, bonds and undertakmgs, contracts of indemi�ity and other writings obligatory in the nature thereof and, (2) To reinove, a[ any time, any suctr attorney-in-fact and revoke die audiority given. Fui�Bier; this Power of Attorney is signed and sea(ed by facsimile pmsuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of Aprii, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and dte seal of tlie Company may be affixed to any such poH�er of attorney or any certificate relatiug thereto by facsimile, and any such power ofattorney or certificate �earing such facsimile signatures or facsimile seal shall be valici and bmdm� upon the Company and any such power so executed and certified by f'acsim�Ie signatures and facsimile seal shall be valid and binding upon the Company in t`�ie future with respect to any bond or undertaking to whicl� it is attached. `� �ITY /p� �c o�p p��G�q �t'SEAL�" � y tsaa�. o •y ``�iEas � . \'yl '� 1��� IN TESTIMONY WHEREOF, INT�RNATIONAL FIDELITY INS[JItANCE COA7PANY has caused this instrument to be signed and its corporate seal to be affixed Uy its auttiorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL TIDELITY 1NSLJI2ANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of'Octo�er 2007, before me came tlie individual �vho executed the preceding instrument, to me personally known, and, being Uy me duly sworn, saicl the he �s the tlierein descnUed aud authorized officer of the INTERNATIONAL F1D�LITY INSiJRANCE COMPANY; that the seal affixed to said'iiistrinnent is the Corporate Seal ofsaid Com�any; tliat tGe said Corporate Seal an�l his signature were duly affixed by order of the Board of Directors of said Compaiiy. i�1\�I11./t//ill�� .� �"� �. � . . ' . ���t`���+,y V� '`'�., IN TESTIMONY WHEREOF, I have hereunto set my liand affixed my Official Seal, ��`� �,.��*"^�. �(r �'.r at the Cify of Ne�vark, Ne�v Jersey tlie day and year fiist above writtei�. � *U �¢.����} �� � R � �"' � :'� � " / / . . . . . . � � • � � .. . . . R- l� . "•�Nj,`�','O(����Cj ,`'�(�``�• :;'5�.��, �...;..�'`�� �,,�` ����tr�4�N� ��+`R4, A NOTARY PUBLIC OF NEW JERSEY 'fi�+�����+"�` My Commission Expires March.27, 2014 CERTIFICATION -1, the undersigned officer of INTERNATIONAL FID�LITY INSiJItANC� COMPANY cio hereby certify that I have compared tiie foregoing copy of the '. Power of Attoi`ney and affidavit, and the copy of t(te Section.of die By-Laws ofsaid Coinpany as se[ fortli in said Powei of Attnrney, �yidi flie ORIGINALS ON ' IN "�'HE HOME OFFIGE OF SATD COMPANY,'ai�d that the same are correct transcripts thereof, aiid of the kvl�ole of the sai�� < s� €,t �`e. 1nd that the said Power � ofAttorney has"not been reVoked'and is nosv in full force and effect � �� II�1 'FESTIMONY WHERBOF, I have hereuxlto set my haiid this day of ��� �' ��� � � �.°�,_, �� . .; � � ��e�.�`'! �F � . ,,�G; ;�ic=.�.�'— Assistant Secretary � 11 11:' � - � .. ' Y _?, - tr `.. , . . . . � . .. . �. �F : - � .. R . ..: '..' . . , .- .. � .� . � I ' • y . - . 1i L■J � U L ' • • • • , (JRT URTH CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ENVIRONMENTAL SERVICES DIVISION 1000 THROCKMORTON FORT WORTH, TEXAS 76102 , PROJECT: ENV 12-03: FORMER YOUTH CENTER FORT WORTH NATIJRE CENTER REMOVAL OF ASBESTOS-CONTAINING MATERIALS AND ' DEMOLITION OF STRUCTURES 9700 TEN MILE BRIDGE ROAD FORT WORTH, TEXAS November 28, 2011 Submitted by: �,��� �E��.,�� �.�-�,��.. Company Name P o. �s,c \bt'R5�"i �r�k• u�lcin �T�__;__�14a I to � Address �t`1• 5��� "IoUZ Telephone Q��"1 ��°to �i S3c� Fax �-� �� C.-�� Presi - ice-Pr ident - Printed — Presi enWice-President Signature �• 1`�►•�`� Date �� � �. 2.1.Bid Document Checklist All Bid Documents, including this checklist, must be completed in fu�l and submitted in a sealed envelope, in the requested order, to be considered a responsive submittal. E f 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Bid Documents Bid Document Checklist Acknowledgement of Receipt of Addenda Scope of Work Cost Contractor information and Qualifications Contractor Submitta�s Subcontractor Information and Qualifications Bonds Minority/Women Business Enterprise Requirements Statement of Residency Nondiscrimination Prevailing Wage Rates Insurance Certificates Contractor's Responsibilities Contractor's Legal and Compliance History Initial if Included W� �) K� kn k� �� K� �� �o �� �� t�D k� w� �� I understand that all of these items will be reviewed, and any items not included may result in my bid being considered non-resaonsive. Signature -�_--./`.--� Name gQ,"a,� C1�4ti,et-tE Title �.E� Company 1��Du1�'st" l�(z.6�.l�.lt�i� . Co. o�'Ck �1KG Date _ ' • �`� . �'Z. 2-6 `�� �� 2.2.Acknowledgement of Receipt of Addenda 2.2.1. Check if applicable ✓ The undersigned acknowledges the receipt of the foliowing addenda to the Invitation to Bid, and has attached all addenda foilowing this page. Failure to submit applicable addenda may resuit in the bid document being considered non-responsive. ' (Add lines if necessary), Addendum Number 1 Addendum Number 2 Addendum Number 3 _�• \S�ZoI� (Date received) I.�EG.11a�20�1 (Date received) =-%� ' '1,�"� Z'O ( ( (Date received) 2.2.2. Check if applicable The undersigned acknowledges the receipt of no addenda to the Invitation to Bid. CONTRACTOR: ' 1%%tD�EsZ �rec4��� �O. a� T Sign ture Company k luC • �R���.� G.��-fiE� �• 1�• IZ Name Date �Ed Title 2-7 ` _ 2.3. Scope of Work Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to perform the removal of all asbestos-containing materiais (ACM) and the demolition of all structures located at 9300 Ten Mile Bridge Road, Fort Worth, Texas. The building compiex was constructed in 1960's and is situated on approximately 2.5 acres. 2.3.1. Site Information "Quantities identifed in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsibie for verifying ali quantities. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract _ Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identlfable prior to job commencement. L.ocation ACM for Abatement Square Feefi Residence Bidg Sprayed-on texture on Ceilin s and Walls � 4,600 SF 9700 Ten Mile g Bridge Road Vinyl Floor Tiles — 6,000 SF Shop Bidg Wa�� System � 1,500 SF 9700 Ten Mile � TS� � 2 LF Bridge Road Location Demolition Square Feet Residence Bldg Building, Foundation, and other ancillary 9700 Ten Mile structures ( septic system, entry way markers, � 6,000 SF Bridge Road etc,,,) Shop Bidg & guildin Foundation and other ancilla -- 4,000 SF Outbuiidings g� � ry 9700 Ten Mile structures ( septic system, entry way markers, Bridge Road etc,,,) 2-8 2.3.2. Project Coordination Contractor will be responsible for coordinating with the Environmental Services Division, within five (5) days after receipt of notice to proceed, the start date of demolition to ailow for notification to the Texas Department of State Health Services (DSHS). The City of Fort Worth will prepare and submit the DSHS noti�cation and pay all DSHS notification fees. Upon award, contractor shall provide to the City of Fort Worth an updated schedule detailing the phased approach to performing the abatement and demolition of the structures located at 9700 Ten Mile Bridge Road Upon receipt of a notice to proceed and prior to demolition, contractor must obtain a wrecking permit to demolish the subject structure from the Development Department, telephone (817) 392-2222. }. 2.3.3. Site Preparation Prior to any abatement or demolition activities, the contractor will remove all universal waste items including light bulbs, mercury-containing devices, paints, pesticides, etc. These items will be properly packaged and disposed by the contractor. The contractor will provide documentation (waste manifest, bill of lading, etc.) that the waste was properly disposed. Contractor will disconnect all associated air conditioning units and properly evacuate any remaining refrigerant contained within the units prior to being disconnected. Utilities will have been terminated to the sites. Prior to demolition, the contractor will be responsible for verifying that all utilities (i.e. natural gas, telephone, water, etc.) have been disconnected. Contractor will cut and cap all site utilifies at point of connection to the site. Contractor will be responsible for contacting applicable utility services in order to decide whether or not main lines or routes effectively traverse the project site. It will be determined with the consultation of City staff the best method to address any utility concerns involving the aforementioned utility service issues. 2.3.4. Site Work All structures will be abated of all ACM and will be demolished removing all slabs/foundations, utility infrastructure and grading of the parcel to proper�y manage storm water. Prior to the start of abatement and demolition of any structure, each structure shall be inspected to ensure the safety of the crew. Abatement activities will include the removal of approximately 12,000 square feet of of asbestos-containing materials throughout the subject buildings. 2-9 All debris generated from the removal of ACM is to be disposed of as asbestos- containing waste. Quantities identified in this Bid Package are estimated by the building owner and/or his designee; the Contractor is responsibie for verifying all quantities. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to job commencement. Demolition activities will include the demolition of all site structures, concrete/asphalt parking, slabs/foundations, and retaining walls. Streets, drives, and curbs within the perimeter of the complex will not be removed. All demolition debris will be removed from the site and recycled or disposed in a landfill accepting such waste. All foundations will be removed down to a minimum of 2 feet below grade. If foundations/piers extend beyond 2 feet below grade, they may be severed at that point and left in place. Contractor shall clean and remove all remaining furniture, household furnishings, building materials, tires, debris, trash, rubbish and any other solid waste from the premises. These materials shall be recycled, reclaimed or disposed at a facility or landfill that is approved to accept such waste. Contractor shall maintain proper safety fencing, as needed, and also provide for adequate signage, barricades, traffic cones, and "flagmen" during the course of the project when heavy traffic will be leaving or entering the site. Temporary safety fencing to be used shall be a heavy-duty, diamond-link mesh, orange, high density polyethylene safety or security fencing that will withstand substantial weather- related stresses. Demolition activities will be performed in accordance with federal, state and local visible emission requirements (i.e. no visible emissions will leave the demolition area). Water is available in the vicinity of the construction area. The Contractor is responsible for obtaining a City of Fort Worth — Water Department water meter if usage of water from nearby fire hydrants is anticipated. The work area will be maintained in a manner that will control all demolition debris from becoming windblown and/or migrating from the work area during and after working hours. The contractor shall use site material, if available, or clean fill from an approved source to �II any holes in the terrain resu�ting from any of the above work, and grade the entire lot, ensuring that low areas are filled to prevent the pooling of water. For the duration of the entire project, contractor shall sweep dirt and debris from the haul routes used to ensure any sediment tracked from the site is collected and does not migrate onto City streets. A specific grass type indigenous to the area will be selected and agreed to depending upon the time of year when the planting wi11 occur. 2-10 2.4. Cost The undersigned hereby proposes to furnish the equipment, labor materials, superintendence, and any other items or services necessary to complete the scope of senrices detailed in this Solicitation. Bids shall be firm priced offers uniess otherwise specified. .._... uescr� iwn Price 2.4.1 Abatement and Removal of all Asbestos Containing Materials as described in the Scope of Work (Section 2.3) ���' S�_ Demolition of all structures as described in the Scope of Work 2.4.2 (Section2.3) $ 2��3tb" Contractor shall complete all phases of work to achieve substantial completion within 20 `�� working days of receipt of notice to proceed per project. " CONTRACTOR: , ��-_X.---- ��aaes-+� V.�cz rLt� � . Signat e - �- t� �. a� ilwc.. Company f?� R.��o�.�1 t!-�,1�✓cE L•`"'� • 12. Name Date �E"O Title Remainder of this page intentionally left blank - 2-11 �`` .� 2.5. Contractor Information and Qualifications Bidder shall submit the following items proving they are duly qualified and capable to fulfill and abide by the requirements listed herein. The documents listed below shall be included in this bid submittal, in the same order as listed, following this page, bound within the response. Failure to submit any of the following information may result in the bid document being considered non-responsive. 2.5.1. Bidder shall provide company information inciuding its company name, address, telephone number(s), email address and FAX number(s) for the local office as well as the headquarters. 2.5.2. Bidder shall attach an up-to-date and concise copy of its current Statement of Qualifications. Licenses and Certificafions: Provide copies of necessary company licenses and certifications required to complete project. • Bidder shall provide applicable asbestos-related licenses. 2.5.3. Bidder shall provide necessary company licenses and certifications required to complete the project: • current Texas Sales/Use Tax Certificate � 4 • current Certificate of Good Standing (Texas Secretary of States' office) 2.5.4. Bidder shall complete a staff matrix including the following information detailing the ' provider's personnel, their qualifications, and years of experience for staff that will be providing services associated with this Solicitation. ■ Position title and job function as associated with this contract, (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc.) ■ Name ■ Tasks to be performed in association with this contract ■ Certifications/Licenses ■ Total Years Experience ■ Length of employment with your company 2.5.5. Bidder shall provide at least four (4) project references similar in scope and size to that of this Solicitation. Each project reference shall include the following information: • Company's Name ■ Name and Title of Contact/Project ■ Email, Phone, and Address of Contact ■ Contract/Project Value ■ Brief Description of Service Provided 2-12 MIDVi/EST � ,,� CO, CONTRACTOR'S QUALIFICATION STATEMENT NAME: Midwest Wrecking Co. of Texas, Inc. P.O. Box 161819 Ft. Worth, Texas 76161 TELEPHONE: FAXSIMILE: WEB SITE: S 17.589.7062 817.590.9536 www.midwestwrecking.net TYPE OF WORK: Commercial & Industrial Demolition / Interior Selective Demolition ' ORGANIZATION: Midwest Wrecking Co. of TeYas was founded in 1984. We have performed work in the states of Oklahoma, Texas, Kansas, Missouri, Arkansas and Louisiana. 4 CORPORATE STRUCTUIZE; Date of Incorporation: State of Incorporation: Tax ID number: President: April, 7 1986 Texas 75.2007255 David C. Densmore David@midwestwrecking.net Brian G. Choate Brian@midwestwrecking.net Chief EYecutive Officer: BONDING CAPACITY: $ 7 Million per project, $ 7 million aggregate Bonding limits can be increased as necessary INSITRANCE AGENT: LIABILITY LIMITS: K & S Insurance Attn: Jeremy Barnett 2255 Ridge Road, Suite 333 Rockwall, TeYas 75087 972.771.�071 $ 1 Million Base �vith $ 10 Million Umbrella Url�brella limits can be increased as necessary BANK REFERENCES: Trinity Bank Attn: Barney Wiley 3500 West Vickery Boulevard Fort Worth, TX 76107 817.569.7225 MIDWEST �� � � ����� � CO. EQUIPMENT LIST: Caterpi(lar 963 Track Loader (3) Komatsu PC 400 Excavator (1) Caterpillar 345 Excavator (1) Caterpillar 330 EYcavator (1) Caterpillar 328 Excavator (1) Komatsu 220 Excavator (1) Komatsu 160 Excavator (1) Komatsu WB 140 EYcavator (1) Komatsu 27 Excavator (1) Skid-Steer Loader (6) Demolition End Dump Trailers (15) Various Demolition Attachments, including Hydraulic Hammer, Grapple, Pulverizer and Shear. MIDWEST r � `�OY OTHER MISCELLANEOUS INFORMATION: � � • Project size has ranged from $ 500.00 to over $ 3,000,000.00 • 2005: 153 projects completed. Gross sales volume of $ 4.6 million • 2006: 153 projects completed. Gross sales volume of $ 7.3 million • 2007: 167 projects completed. Gross sales volume of $ 6.7 million • 2008: 145 projects completed. Gross sales volume of $ 11.5 million • 2009: 114 projects completed. Gross sales volume of $ 8.5 million � 2010: 139 projects completed. Gross sales volume of $ 5.1 million • Average count of full time personnel — 30 . . • We have completed several projects which require multiple mobilizations, phasing with other construction trades, selective demolition of occupied spaces and projects with fast-track and critical time schedules. • We have never failed to complete a contract. • We do not have any outstanding or pending TDSHS violations. • We do not have any current or pending liens filed against our corporation. • We have never filed bankruptcy. • We do not have any current or pending lawsuits of any kind against our corp. • We are currently in good standing �vith the Texas Comptrollers Office. 90 % of all work is completed with in-house personnel Sub-contractors are hired for asbestos & hazardous materials removal. � Certiticate of Account Status - Letter of Good Standing Page 1 of 1 a„� �� � �� TExas Co �• T`x �>. MPTROLLER 4P' PUBLIC ACCQUI`�'TS SUSAM CQM�S • COMF''7'RO�t,�Ei • AUSTtn, TEXAS 787�4 December 7, 2011 CERTIFICATE OF ACCOUNT STATU5 THE STATE OF TEXAS COUNTY OF TRAVIS I, Susan Combs, Comptroller of Public Accounts of the State of Texas, DO HEREBY CERTIFY that according to the records of this office MIDWEST WRECKING CO., OF TEXAS, INC. is, as of this date, in good standing with this office having no franchise tax reports or payments due at this time. This certificate is valid through the date that the next franchise tax report will be due May 15, 2012. This certificate does not make a representation as to the status of th entity's registration, if any, with the Texas Secretary of State, e This certificate is valid for the purpose of conversion when the converted entity is subject to franchise tax as required by law. This certificate is not valid for any other filing with the Texas Secretary of State. GIVEN UNDER MY HAND AND SEAL OF OFFICE in the City of Austin, this 7th day of December 2011 A.D. Susan Cornbs Texas Comptroller Taxpayer number: 17520072558 E'ile number: 0079252100 Form 05-304 (Rev. 12-07/17) F q� https://ourcpa.cpa.state.tx.us/coa/servlet/cpa.app.coa,CoaLetter 12/7/2f11 1 iU11DWEST t "�� � � � ' CO. UNION STATUS: We are a non-union company , KEY PERSONNEL: David Densmore, President � 1979 Graduate of Oklahoma State University with a degree in Construction Science. ' • 23 years of eYperience in demolition industry. Brian Choate, Chief Executive Officer • 1991 Graduate of University of Oklahoma with a degree in Construction Management. • 19 years of experience in demolition industry. t ��_ Kevin Dalton, Estimator • 1993 Graduate of University of Oklahoma with a degree in Arts • 10 years of experience in environmental industry. ' � 4 years of experience in the demolition industry. Jeremy Anderson, Superintendent • 16 years of experience in demolition industry. � MIDWEST ",, co. REFERENCES: Contractor: Sierra Vista LP Attn: Deanna Boaz or Michael Mallick 3725 Camp Bowie Blvd Foi�t Worth, TeYas 76107 817.763.0700 dboaz(cr�mallickgroup com Location: Sierra Vista Apartment Community — Fort Worth, Texas Description: Demolition of 88, two story apartment buiidings and removal of all public streets within the 50 acre development. We performed wet demolition under NESHAP guidelines and disposed of all debris as regulated asbestos waste. Amount: $ 1,132,275.00 Contractor: X Landmark LLC — WTW Properties Attn: Cliff Wailum 810 Houston Street Fort Worth, Te:cas 76102 817.885.2429 Cliff wallum(n�,xtoener� com Location: 200 Wes 7t Street — Fort Worth, Texas Description: Explosives demolition of a 33 story steel frame offce building. This was the tallest building ever demolished in the state of TeYas and the second tallest building ever imploded. Amount: $ 2,340,000.00 Contractor: Chesapeake Energy Corporation Attn: Jeff Weides 6100 N. Western Avenue Oklahoma City, OK 73118 405.767.4719 Jeff_ .w_eides(n�chk com Location: 2104, 2308, 2314 & 2316 West 7`h Street - Port Worth, Texas 2900 West Seminary - Fort Worth, Texas 2222 West 5'�' Street - Fort Worth, Texas 3200 West Euless Blvd - Euless, Te:�as 336 & 425 Greenleaf - Foi�t Worth, Tesas Description: Asbestos abatement, demolition and stabilization of various commercial prope��ties. Amount: $ 2,550,000.00 iVI1DitVEST `� ` .� C4. Job Location: Texas Christian University Student Union Building Value: $ �90,000.00 Percent Complete: 100 Completion Date: 2008 Description: Demolition of three story poured in place concrete building with multiple basements. Building was separated from structure to remain utilizing structural shoring, sawcutting, labor and small equipment prior to major structural demolition. Owner/Contractor: Linbeck Group LLC Attn: Tom Hale @ 817.257.5437 201 Main Street, Suite 1801 Fort Worth, Texas 76102 Job Location: Value: Percent Complete Completion Date: Description: Owner/Contractor: Madison Drill Site Hampton Hil(s & Madison Creek Apartment Communities Arlington, Texas $ 1,800,000.00 100 2008 Asbestos abatement and demolition of thirty three, two and three story buildings inc(uding all associated infrastructure on a sixteen acre site Chesapeak Energy Attn: Jeff Weides 6100 North Western Oklahoma City, OK 73118 _.:� f �4 2.6. Contractor Submittals Bidder shall submit the following items included in this bid submittal, in the same order as listed, following this page, bound within the response. 2.6.1. Project Schedule: Contractors shall provide a project schedule that includes all major tasks pursuant to the Scope of Work and Specifications. The project schedule shall show all tasks in the left most column and their duration shall be plotted horizontally versus time. A time scale shaii be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11" high by 17" wide. The project schedule must be submitted with the bid. During the term of the contract the Contractor shall submit monthly project schedules showing planned work and actual work accomplished. 2.6.2. Schedu/e of Values: Progress Payments will only be made after completion of those tasks and/or subtasks identified on the Project Schedule and Schedule of Payments. Progress Payments will be made during the project no more frequently than once per month. A payment schedule must be submitted with the Bid showing the name of each task and/or subtask, the name of the deliverable document for each task and/or subtask, total task and/or subtask cost, planned payment dates for each task and/or subtask, and the amount that would be remaining in the contract account. Upon receipt of final project completion documentation, final project payments will be approved. Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth. ��r: 2.6.3. Provide a sample invoice and sample project closeout documentation. 2.6.4. Provide an organization chart that details the communication channels between the Contractor and City of Fort Worth personnel for this contract. 2.6.5. Provide an organizational health and safety plan. A site-specific health and safety plan (HASP) will be required and daily safety briefings will be mandated and recorded in the HASP, which is subject to City inspection. Remainder of this page left b�ank intentionally 2-13 NI � O NI W C7 ¢ n. M O ' ti � f" t'�' W W � � O �/ . 4 � W � F Z � � O O � � QQ LL U U � O J J a a w ¢ ¢ d m .� .y U H >. W a � � } �+ m a E � � O d LL ' '_ Z � d o � .� � a = Q ;� o U � v LL' N N F- c c W y � U � � � Q � � m z � � > � @ v N Q N N N J � M 'c i U j N y � O U Q y � � � O � � Q U ' m a O C � N — E L � c � o a � V V � O ] � n U t � � � _ O N t U � � W pNj (' 1 1 4% Q I r Z — M W ^ a' U� W 2 ' � U N ,� � = Z Z U' � � - c � m � v 0 0 � o U O O � � 0 H C7 � W � � g O Q + � p O 0 z �a 0 � � � w `m `o � i � � � � � o c o � � o °c 0 _ � ., tW- Q u W � N � � � a� a � � � p Q W � c (J � w � Y � Z � M � O � `o � ' A F 'O U ,s, � o � i � �i _ � o °s � � y � - � a a u<. 3 a �a W n S N N 3 i-' A W � � i ? W � W Z �. � y U W Q a u = i W N U aj � W � 2 .m. H A • O Z S om � .__ o a wo rn g mg . ,, �� Y w� O � u y � c > > lt � � U � Z w � ) W � m � � W uv-. 3 a t- � m U� cUn Q Z � � ¢ 0 � O0 zN � �U � J U4� J 2 m G� Q�UZ' Q � n� A Q (� � 1-- O O u�7� � o O O �z a � Z �� 0 Z w G¢ ` MIDINEST � i � CC?. � � • • � SAFETY GUIDE Think Safety MIDWEST CO. Foreword This safety and health guide was written for the employees of Midwest Wrecking Co. of Texas and is not meant to be a complete guide. If you have any questions and/or suggestions about our company policies, please see your supervisor or contact the ` �� Safety/Human Resources Department. Throughout this safety and health guide, all references to the pronoun "he" shall apply to both the male and female sexes. ,=� lVIIDWEST 4 .,-^ "�. �/�• STATEMENT OF SAFETY PRIORITY Midwest Wc•ecking Co. of TeYas has made a firm commitment to all employees, the public, owners, clients and everyone concerned that the safety aspect of our business is the most important feature of our operation. Safety will take priority over expediency and/or short cuts. Every attempt will be made by Midwest Wrecking Co. to reduce the possibility of an accident. This company complies with the Occupational Safety and ' Health Act (O.S.H.A.) and all other applicable safety regulations. Any employee found in violation of the established safety rules and procedures will be reprimanded and/or dismissed. It is the responsibility of every employee to call to the attention of management any violation of the safety program so as to protect the individual and our company. Phillip W. Hansen, C.S.P. Safety Director � � , � i r� � fi A TABLE OF CONTENTS Page .� t II II[ IV V VI VII VI(I [iil X Introduction / Responsibilities Gmergency Action A) Medical Emergencies B) Fire Emergencies, Hazardous Material Releases, Natural Dislsters Emergency Phone Numbers Safety and Health Complaints Personal Protective Equipment and Clothing A) Head and Foot Protection B) Eye and Face Protection C) Respiratory Protection D) Hearing Protection E) Safety Harness and Safety Belts F) Working Wearing Apparel Safe Use of Equipment A) Guards and Safety Devices B) Oxygen, Fuel Gases, Shield Gases & Compressed Air C) Burning D) Welding E) Hot Work Responsibilities F) Ladders, Stairs and Gang�vays G) Scaffofds H) Illumination [) Blowers and Ventilation J) Electrical Heavy Equipment A) Operation B) Pre-trip Inspection Vehicie Safety Safe Work �'ractices A) Manholes, Deck Openings and Excavations B) Manual Handling of Material, Tools and Equipment C) Chain Falls and Corne - A— Longs D) Powder Actuated Tools E) Supervisors Lockout / Tagout Rule F) Shovels G) Picks Safe Houselcee�ing Practices 4 5 5 6 6 7-8 7 7 7 8 8 8 9-13 9 9 10 10 il 11 11-12 12 12 12-13 13-14 13 14 15 IS-18 IS-16 16 16 17 17 17 18 18 MIDUUEST CC�. X[ General Safety Precautions XI[ Material Safety Dat� Sheets XIII Special Training Programs XIV Safety Rules and Regulations A) Penalties for Violation of Safety Rules & Regulations Introduction f AssurinE Safe Workin� Conditions at Midwest Wreckin� Co of Texas 18-19 19 20 20-21 20-21 Safety, for the most part, is accident prevention and good common sense. Safety is accomplished through hazard elimination and working with a constant awareness of your surroundings. Unsafe working habits are costly to yourself, as well as to Midwest Wrecking Co. Examples of the results of on the job injury can be personal suffering, family anxieties and loss of income. I. Responsibilities A) B) C) D) E) Providing a safe work place is the responsibility of Midwest Wrecking Co. Enforcing the safety rules and setting an example is the responsibility of your supervisor. Working safely and complying with the safety rules is the responsibility of every employee. The elimination of known hazards and/or reporting unsafe conditions to your supervisor is the responsibility of every employee. Every employee must repoi�t all work related injuries immediately, no matter how slight the injury may be, to your supervisor. � :� • II. Emergency Action A) Medical Emer encies 1. Unless an emergency condition eYists, only qualified persons shall treat injured employees. Minor injuries will be treated at The City of Grand Prairie office trailer. 2. In a case of serious injury, do not move an injured employee unless surroundings present fiirther hazards. Wait until qualified persons arrive to attend to the injured employee. 3. When reporting an accident by phone, state clearly what occurred and the specific location of the accident. Remain on the phone until you are dismissed by person or facility receiving call. B) Fire Emer�encies Hazardous Material Releases Natural Disasters 1. Report fire immediately to your supervisor and/or the SafetylHuman Resources Department. 2. Know where fire fighting equipment is located and how to use it. 3. Any employees observing a hazardous material release are to evacuate and assemble in a safe area and immediately notify your supervisor and/or Safety/Human Resources Department. 4. In the event of a natural disaster, employees are to evaci�ate and assemb(e at Buc•ns & N�c Donnell job trailer with your supervisor for a roll call. 5. Employees are to remain in the predetermined safe area until accounted for and dismissed by your supervisor. � � � w� : • III. Emergency Phone Numbers • Midwest Wrecking Co. of Texas Main Office 817-589-7062 Shop S 17-483-8154 Brian Choate — PM 817-233-3972 Jim Anderson — Operations 817-312-4036 • Fire Department • Hospital and/or Ambulance • Police Department 911 817-882-3333 911 S 17-731-4999 816-822-3340 • The City of Grand Prairie Job Trailer Main Office Contact the Safety/Human Resources Department for an updated listing of the closest fire department, hospital and police department, to any jobs in progress. IV. Safety and Health Complaints It is a policy of Midwest Wrecking Co. to encourage and respond to legitimate safety and health related complaints. Effective two-way communication between employees and management is an important means of achieving a safe and healthy work environment. Complaints may be submitted: • To your supervisor or manager. • By phone or in writing to the Safety/Human Resources Department. `� � � • V. Personal Protective Equipment and Clothing Personal protective equipment shall be used whenever there is a probability of injury which can be prevented by the use of such equipment and/or clothing, If you are unsure about the proper personal protective equipment and/or clothing that is required for a specitic job, consult your supervisor. A. Head and Foot Protection Every employee must wear: 1. Approved safety hat with suspension system. 2. Approved construction boots when on work site, this is mandatory. 3. No tennis shoes or street shoes are allowed on work sites. B. Eye and Face Protection 1. Appropriate eye and/or face protection shall be worn for the particular hazard by the work being performed. 2. Safety glasses shall never be used as a substitute for burning goggles. 3. Never look at the arc of a welder without proper eye protection. Proper face shields in addition to safety glasses shall be used when grinding and handling hazardous chemicals. When confusion arises regarding the proper eye protection needed for a specific job, consult your supervisor. C. Respiratory Protection i Any employee working in an area where potentially hazardous airborne contaminants are present must wear approved respiratory protection. Any questions concerning respiratory pc•otection shall be directed to your supervisor. ' The following rules apply to respirator use: 1. Employees must wear the size respirator with which they were titted. 2. Any damaged ar defective respirator must be returned immediately for replacement. 3. Under no circumstances shall any respirator be altered. 4. Any employees using solvents, paints or other chemicals must determine what type respirator is required and use it. � � MIDWEST +�t�. VI. Personal Protective Equipment and Clothing (Continz�ed) D. Hearing Protection Prolonged eYposure to eYcessive loud noises can result in hearing loss. All employees working in designated "high noise areas" shall wear the required hearing protection. Hearing protection is provided for all emp(oyees. If there is a question as to whether a specific area or operation is loud enough to require hearing protection, the following rule of thumb should be followed. If it is noisy enorrgh to raise your vorce to be hear�! two (2) feet nwrry; /tearing protection sltoul�! be used. Any questions concerning hearing protection should be directed to your supervisor. E. Safety Harness and Safetv Belts 1. Every employee working aloft on scaffolding, in an aerial platform lift, in a personnel work basket or otherwise exposed to falls of five (5) feet or more shall be properly protected by the use of a safety harness or belt. 2. Safety harnesses and belts shall be inspected prior to each use. 3. Safety harnesses and safety belts shall be properly worn and shall have a lifeline secured before commencing work. 4. Defective belts shall not be used. Any harness/belt involved in a fall shall be removed from service and destroyed. F. Workin� Wearing Ap�are( 1. Proper clothing, compatible with the type of work and conditions shall be worn at all times. Employees engaged in hot work must wear long sleeved shirts and have no cuff on their paTrts. 2. Working with loose or ragged clothing, without a shi��t or with your shirt tail out of trousers is not permitted. 3. Appaeel not suitab(e for construction work such as jogging suits, elastic clothing, tennis shoes and the like wiil not be a(lowed. 4. Employees a�•e encouraged to participate in the company uniform program. Looking the part is one step c(oser to a good safety attitiide. 5. Employees shall be protected by suitable gloves when performing operations where potentia( hazards t the hands exists (i.e.: work involving the use of solvents, t(iinners, acids, amtnonias, caustics, silicones, caulkings, etc.). 6. Employees are not permitted to wear rings, necklaces, nose studs, dangling or loop type earrings or protruding jewelry in work areas. These items can pose safety and/or health hazards in the �vork place. � c� • 7. Disposable coveralls shall be provided and worn by employees working in designated areas. 8. Sleeveless shirts or tank tops are not permitted in work areas. VII. Safe Use of Equipment A. Guards and Safety Devices Machine guards and other safety devices are provided for your protection. These guards must not be removed except for servicing and repairs done by authorized employees. They must be replaced before work resumes. 1. All manholes, deck openings and open holes must be guarded. The guardrails must be at a height of forty-two inches and must have a midrail. If wire rope is used for guardrails, the wire rope must be maintained in a taut condition at all times. If it is necessary to remove guardrails in order to move equipment, the employee(s) t•emoving the rail guards shall re-install them before leaving the area. 2. Portable electric tools must be properly grounded before use and the lock switches must be removed. 3. Defective hand tools shall not be used. 4. Whenever there is a possibility of the release of hazardous energy when working on systems (in examples: electrical, pneumatic, hydraulic, steam or the like) that system will be locked and tagged out by authorized personnel. No one may remove a lock or tag except the person who installed it. B. Oxv€Jen Fuel Gases Shield Gases and Compressed Air 1. Use oYygen and compressed air only for the jobs %r which they are intended. These gases are very dangerous when used � improperly. ��� 2. Do not attempt to clean your skin or elothing with oxygen or compressed air. Air pressure may embed particles under the skin and cause injury. Also. Oxygen enriched clothing can be easily ' ignited and extremely difficult to extinguish. 3. Oxygen shall not be used for ventilation at anytime. 4. When compressed gas cylinders are not in use, the safety caps � mtist be properly installed and all �as cylinders must be secured. MIDWEST � ��� CQ. 5. Cylinders containing oxygen, fuel gases or inert gases shall not be taken into contined spaces. 6. Fuel gas and oxygen manifolds shall be placed in safe accessible locations in the open air. 7. All gas cylinders must be stored away from combustible materials. 8. Compressed air and oYygen shall not be used to blow off dirt, grit, etc. VI. Safe Use of Equipment (Continared) C. Burnin� 1. ALL FLAMMABLE MATERIALS MUST BE REMOVED FROM THE AREA BEFOR THE START OF BURNING OR HOT WORK. 2. Proper personal protective clothing and equipment must be worn. This includes properly fitted burning goggles, gloves, long sleeve shirts and respiratory and hearing protection. Burning goggles must be a shade number five (5) lens at a minimum. 3. Never commence burning without first checking on the other side of the surface to be burned. 4. Do not burn materials which give off fi�mes or vapors such as galvanized or stainless steel metals or on hardened preservative coatings without using the proper respiratory protection equipment. 5. Never burn over other people where sparks may shower down on them. 6. Gas cylinders shall be secured so they cannot be knocked down. 7. Never attempt to repair damaged gauges, tips or torches. They must be returned to the tool room for repairs. 8. Cutting torches and/or hoses shall not be stored in enclosed or confined spaces; this includes personal tool boxes. 9. Suitable ftre e�ctinguishers equipment shall be immediately available in the area where hot work is being performed. Determine its location prior ro cornmencing hot work. l0. Firewatch personnel rnay be required on certain jobs. Supervisors must be consulted regarding fi►•ewatch requirements prior to starting l�ot work. D. Weldin� 1. Welding shields and hand shields must be free of light leaks or openings and fi•ee of highly reflective surfaces. �� 2. Employees performing any type of welding, cutting or brazing must be protected by suitable eye, hearing and respiratory protection. IVIIDWE�T �o. 3. Before beginning welding, make sure that the job to be welded and all components, including welding machines, are adequately grounded to a common grounding system. 4. Before welding is started, always check the other side of the surface to be �velded. 5. Employees must have properly shaded welding lens for the particular welding being performed. Consult your supervisor for guidance. 6. Welding lines must be in good condition with no eYposed wires. No splices are to be made on the electrode end of welding lines. All line repairs are to be made by qualified personnel only. 7. Welding machines are to be turned off at the end of each shift. Gas lines used must be unplugged at the manifold and removed at the end of each shift. VI. Safe Use of Equipment � �� (Continued) E. Hot Work Responsibilities 1. Report fires immediately. 2. Keep fire lanes, roadways, passageways, work areas and aisles free and clear of materials at all times. 3. Good housekeeping must be maintained at all times, in all areas. 4. All employees shall assist in eliminating fire hazards. 5. Employees shall not use a fire hose for any piupose other than fighting a fire. 6. Never commence burning, welding or other hot work on whacves or other wooden structures without insuring that proper fire protection equipment is in the area. 7. Know where all e:cits are located before beginning work in a new area. 8. Know �vhere fire fighting equipinent is located and ho�v to use it. F. Ladders, Stairs and Gan 7ways I. Ladders with broken or missing rungs or steps, broken or split side rails ���� or other faulty or clefective construction, shall be remc�ved from se►vice �� and tagged as defeetive to prevent their use. 2. To prevent ladders from slipping, they must be secw•ed at the top and at sufficient intervals at all times. � r, � �� • 3. Never place a ladder in front of a door or other opening or in the way of moving equipment �vithout taking necessary precautions to insure the safety of the employee working on the ladder. 4. Ladders shall never be placed lgainst moving machinery. 5. Always face the rungs of vei�tical and portable ladders, using both hands when climbing or descending the ladder. 6. Portable metal ladders shall not be used near electrical work nor for electric arc welding operations. 7. Portable ladders must be erected at the proper angle of a four (4) to one (1) ratio. (In eYample: For each four (4) feet of height, the ladder must be one (1) foot away from the bulkhead/building at the base. G. Scaffolds 1. Never use defective scaffolding. If defective scaffolding is observed, report it to your supervisor immediately. All scaffolds must be inspected prior to climbing or walking on it. 2. Jumping on or off scaffolds is a very dangerous practice. Always use proper ladders, located so that it is not necessary to step more than one (1) foot from the ladder to any intermediate landing or platform. VI. Safe Use of Equipment (Contin�iied) 3. Guardrails for scaffolds must be either stiff brace or wire rope. Wire rope rails shall be kept taut at all times. 4. Scaffolding shall be constructed, erected and dismantled only by competent scaffold personnel. 5. Scaffolds erected over two (2) feet high shall be secured to a permanent structure. 6. Employees working on scaffolding over five (5) feet high must wear and attach proper fall protection. � I. Illumination l. Portable lights shall not be removed except by authorized personnel. 2. Only portable lights that are in good condition shall be used. 3. Always keep light extensions out of water. 4. Do not suspend temporary lights by their electrical cords, unless �� cords and lights have been designed and/or approved for such use. IUIIDWEST � C(�. I. � 5. Keep electrical cords clear of working surfaces and walkways or other locations where they world be readily exposed to damage. 6. Never enter a darkened area without a suitable light. The use of matches or open flame lights is prohibited. 7. Temporary lights shall have approved guards covering the eYposed bulbs at all times. Blowers and Ventilation 1. Air movers and ducts shall be electrically grounded. 2. Electrical leads; air hose and flexible ducts shall be placed as not to create a tripping hazard. 3. Supervisors shall request ventilation when working employees in confined spaces for prolonged periods where air contaminants are present. 4. Only designated employees will be permitted to install, dismantle, energize or de-energize ventilation. 5. Cutting holes in ventilation ducts is prohibited. Electrical J As a source of power, electricity is accepted without much thought to the hazards that may be encountered. Perhaps because such a familiar part of our surroundings, it often is not treated with the respect it deserves. VI. Safe Use of Equipment ( Continared ) 1 2 3 4 5 6 7 No person, other than the authorized and designated electrician shall at any time or under any circumstances make repairs or replacemeirts to electrical equipment. Portable power tools must be Fi•equent(y inspected for wot•n or damaged electrical cords. Keep electrical cords clean and free of kinks. Make sure the insulation on electrical cords is in good condition. Fuses are to be replaced by authorized persons only. Electrically powered tools and ec{uipment must be adequately grounded. Do not store any material in or on switchboxes or switchboards. MIDUUEST � t.r,3 y> � \V � 8. Do not store materials in such a manner that blocks access to switchboxes or switchboards. 9. The use of personal electrical equipment is prohibited. VII. Heavy Equipment A. O eration � VII. 1. Become familiar with the manufacturer's operator manual for the particular piece of equipment assigned to you. These manuals explain how to operate the equipment as well as how to perform routine maintenance. You are to follow the speciiications in these manuals. 2. You are expected to fitlly understand the equipment's limitations and capabilities. Do not go beyond the manufacturers recommendations. 3. Inspect the work area on foot before operations begin. Mark clearly all large rocks, tree stumps, overgrown gullies, ditches and other obstacles and avoid them. Also, avoid low hanging tree branches and wires. 4. Keep the equipment at a safe distance from the edge of a gully, ditch or canal. 5. Only one (1) person, the operator, is permitted on a piece of equipment unless it is designed to carry a passenger. 6. Make sure that building doors and windows are open if the equipment is started in a shed or garage. 7. Operate the equipment only from the driver's seat. This seat should be equipped with a seat belt and shall be worn when in operation. 8. When the equipment is stopped, the engine must be shut off, the gear shift mounted equipment lowered to the ground before performing any service operation or when leaving the equipment unattended. Heavy Equipment ( Contimrec� ) 9. 10 When transporting loads in a loader bucket, keep bucket low enough to the ground for good visibility, but high enough to clear obstacles. Clear the work area of all unauthorized people. MIDINEST r �~x�, ��. Ctl. 11. When traveling on a roadway or highway, remain in the right lane and use safety lights if so equipped. Obey all traffic laws. Remember that the brakes must be interlocked for proper braking. 12. Do not operate the equipment in areas where it can tip over or slide. 13. Keep the equipment in gear while going down hill. 14. Connect equipment to be towed to the drawbar not to the seat, rear axle or any other part of the equipment. 15. Load binders and proper strength chains are to be kept in good condition. Report damaged binders and chains to your supervisor. 16. Never modify in any way the original design of the equipment. 17. All equipment operators must check vehicle licensing requirements stickers on vehicle windshield before operating equipment. B. Pre-Trip Inspection 1. Visually check the equipment for leaks, broken, missing or ;� malfunctioning parts. 2. Check water, oil and fuel levels for proper capacity. 3. Check the operator's area for oil, mud or water. Clean this area before mounting. When mounting and dismounting, be sure to ' have a firm grip and good footing. Clean footwear is a must. 4. Before starting, be sure the parking brake is set and the transmission is in neutral. 5. After the engine is started, check all dials to see if they show the correct levels for operating the equipment. 6. Never accelerate the engine or run it at full speed immediately ; after starting. ' 7. Always let the engine warm up before engaging the transmission, PTO or accessories. r .�; �� • VIII. Vehicle Safety The following general safety rules and practices have been established for Midwest Wrecking Co. owned, operated, leased or rented vehicles. 1. Each driver is expected to understand and practice the concept of defensive driving. 2. Company vehicles are to be operated to serve as models for courteous driving and safety. 3. Each driver is expected to operate the vehicle within the posted legal speed limit of the area being driven. Speed shall be reduced accordingly when confronted with unposted areas, open range and unfavorable road or weather conditions. 4. Driving a company owned, leased or rented vehicle while under the influence of intoxicating beverages, narcotics or other drugs is strictly prohibited and will subject the employee to disciplinary action including immediate tertnination. 5. Transporting of persons while on business shall be permitted only in cases when that person has business connections with Midwest Wrecking Co. 6. Company vehicles are to be driven only by the employee to whom the vehicle is assigned. 7. It is the responsibility of the driver to maintain the vehicle in an efficient and safe operating condition. 8. Midwest Wrecking Co. does not expect any employee to endanger himself or others by working beyond their personal physical endurance, therefor; the responsibility to avoid collision resulting from fatigue rests solely with the operator. 9. Seat belts are considered to be mandatory equipment in ail vehicles and are to be maintained in working condition and used accordingly. 10. Minimum requirements for vehicle operation are um•estricted, valid drivers license and approval based on review of motor vehicle driving record. l 1. Operators are reQuired to report vehicle collisions immediately or as soon as possible to appropriate supervisor. IX. Safe Working Practices A. Manholes, Deck Openin�s and EYcavations � �'' �� � �, : * 1. Open manholes, pits or any other openings in the ground, deck or tloor shall be properly guarded. 2. Guardrails or other floor opening guards which must be removed in order to perform work, shall be replaced by persons removing same. IX. Safe Work Practices (Continuec�) : 3. Replace the cover as soon as all workmen are out and the work completed. Manual Handling of Material Tools and Equipment 1. 2. 3. 4. 5. 6. 7. Size up a load before you lift it. Lift properly and get help when necessary to lift a heavy load. Bend knees, keep back straight and lift with legs. When two (2) employees are carrying an object five (5) feet or longer, such as pipe, board, ladder, etc., place the object on the same shoulder and walk in step with each other. Never attempt to carry objects when climbing up or down ladders, use a line. Never pull, push or lift from an awkward, twisted or strained position. Secure good footing and grip. Check route to be traveled for tripping hazards. Keep fingers away from pinch points and keep other body parts From under objects being lifted. Make sure of inechanical equipment when practical to lift and move objects. C. Chain Falls and Come-A-Lon�s 1. 2. 3. 4. 5, Always use the proper size chain fall / come-a-long for the load. Checic For capacity of b(ock stamped on side of body. Qe sure the load brake is working properly. If it is rlot, do not use the chain fall / come-a-long. Never overload a chain fall / come-a-long. If one tnan cannot raise the load, the block is overloaded or is in bad condition. See that both top and bottom hoods are cai•rying the load at the center and not on the hook tip. Chain falls / come-a-longs must always have a woi•king saf'ety latch on their hooks. iVIIDWEST x. CO. 6. Do not attempt to climb scaffold or ladder carrying chain falls / come-a-longs. 7. Never use a"cheater bar" on a come-a-long handle. 8. Lift load easily to see if support is secure. 9. Do not stand under suspended loads or permit another worker to do so. 10. Chain falls / come-a-longs must be turned in to the tool room section of the maintenance department for weekly inspection. X. Safe Work Practices ( Continued ) D. Powder Actuated Tools 1. Before using a powder actuated tool, inspect it to determine that it is clean, that all moving parts operate freely and that the barrel is free from obstructions. 2. When a powder actuated tool develops a defect during use, `,���� immediately cease using it and notify your supervisor. 3. Do not load powder actuated tools until just prior to the intended use. 4. Do not point the tool, whether loaded or empty, at any person and keep your hands clear of the open barrel end at all times. 5. In case of misfire, hold the tool in the operating position for at least ' fifteen (15) seconds and continue to hold the nozzle against the ' work surface during disassembly or opening of the tool and removal of the powder load. E. Supervisor Locicout and Ta�out Rule 1. The main switch handle controlling machinery to be worked on or inspected shall be opened and either (a) locked out or (b) posted with a tag, before anyone shall be permitted to work around or on khe machinery involved. 2. No one shall remove a lock or tag except the person who places it on the switch. 3. All tags shall have the name and department of the person who places them. They are to be securely fastened with cord or other non-metallic material. Wire is not to be used. M I DV1/EST � �O. 4. After the completion of repairs, all locks and tags shall be removed, and the department supervisor shall be notitied that the job is complete and that the unit is ready for service. 5. Any person required to work on tagged equipment may attach his personal lock or tag if he so desires. 6. Where machinery has two or more power sources, all power sources shall be opened and locked or tagged. These shall not be removed until all men are in the clear and the machine is safe to operate. F. Shovels Use the ball of the foot, not the arch, to press the shovel into the mud or other materials. Occasionally, dip the shovel in a pail of water to clean it. A clean shovel is easier and safer to use. IX. Safe Work Practices ( Continared ) G. Picks 1. Before swinging a pick, be sure the area is clear of other workers. Avoid low hanging branches and wires. 2. Always use safety glasses or goggles when using a pick. 3. Always wear approved gloves when using a pick. X. Safe Housekeeping Practices l. Clean working conditions are essential to the safety of all employees and clean working conditions shall be maintained at all times. 2. Keep working areas free of debris and place constniction material so that it is stable and secure against sliding or collapse. 3. All spills of flammable liquids or slippeiy substances shall be ' cleaneci up immediately. All chemical spills should be reported to your supervisor immediately. ' 4. Never block free access to an exit or to fic•e extinguishing ec{uipment. 5. Store oil, paints, thinners, solvents, waste, cags or other flammable substances in tire resistant covered containers when they are not -� being used. MIDIlVE�T f = t �:_ �Y/• 6. Do not place tools, material or equipment where they may cause tripping or other hazards. �� XI. � General Safety Prec�utions 1. Obey all signs. They are posted for you and your fellow employee's safety. 2. Drinking or the carrying of intoxicating liquor or drugs onto company property or working under the influence of such is not permitted. 3. All defective tools and equipment must be returned immediately for repairs. 4. Any unsafe conditions observed shall be reported to your supervisor. 5. Always take the necessary precautions to avoid working under or working under suspended loads. 6. Riding on the structure of a moving crane or fork lift (other than as the operator is prohibited. General Safety Precautions ( Contintied ) 7. 8. 9. 10 ll Wrestling, throwing objects, running or horseplay of any kind is absolutely prohibited..00 All breaks or bare spots on welding lines, and other electrical wires must be reported to your supervisor immediately. Keep your equipment in first class condition at all times. Never walk between the truck wheels of a crane while it is blocking an access passage. Wait for the crane to pass or go around. Unexpected movement of the crane can cause serious injury or death. When operating certain types of equipment such as fork lifts, aerial platforms, cranes, etc., individuals must be trained and authorized to operate such ec�uipment. Individuals who are required to attach loads to cranes must be trained in p1•oper rigging procedures. '1 � � ��' � XII. Material Safety Data Sheets A. Each employee must be aware of the potential hazards associated with the use of chemicals. If you do not know or are unsure, contact your supervisor or the Safety/Human Resources Department for information prior to beginning work. Product Material Safety Data Sheets are kept on tile in the Safety/Human Resources Department and the respective job sites. These sheets contain the following information: 1. Manufacture's name and emergency telephone number. 2. Physical data. 3. Fire and explosion hazard data. 4. Health hazard data. 5. Reactivity data. 6. Spill or leak procedures. 7. Special protection information. 8. Special precautions. It is your responsibility to know the potential dangers of your job. If your supervisor does not inform you, contact the Safety/Human Resources Department. B. Products may not be used in the yard at any time unless depar-tment (crew) using the item possess a M.S.D.S. for that item. C. All subcontractors shall possess a current M.S.D.S for each product that is used by their employees on Midwest Wrecking Co. job sites. XIII. Special Training Program All employees are expected to be familiar with and trained in the proper operation of any equipment that they are assigned to operate. If unsure as to proper opeeation of ec�uipment, employees should consult supervisors. Supervisors are expected to train their employees on the proper use of any equipment used in the performance of their duties. Supervisors should seek assistance from the Safety/Human Resources Department when needed. MiDwEsr {� co. XIV. Safety Rules and IZegulations When an employee has violated one (1) or more Midwest Wrecking Co. Safety Rules and Regulations, he will be penalized through the use of a warning system according to the nature and/or severity of the offense. Warnings may be issued by all supervisors but usually they will be handled by the immediate supervisor of the person involved. Not every "offense" can be listed nor will the particular circumstance surrounding an offense always fit within a category. Accordingly, Midwest Wrecking Co. reserves the right to determine the disciplinary action to be taken for any employee conduct regardless of whether it is presented in the following list of offenses. A. Penalties for Violation Safetv Rules and Regulations 3 Commission of any of the general offenses may result in the following penalties, although in any particular case the penalty may be more severe up to and including discharge for the first offense, depending on the seriousness of the offense. Generally, these offenses will result in the following penalty. FIRST OFFENSE SECOND OFFENSE Written first warning notice Final written warning or discharge THIRD OFFENSE - Discharge MIDWEST �t�. YIV. Safety Rules and Regulations ( Contirrued ) The following is a listing of Midwest Wrecking Co. Safety Rules and Regulations that are to be followed by all Midwest Wrecking Co. employees and subcontractor employees on all jobs: 1. Hard hats will be worn by all employees while on construction sites. 2. When exposed to eye hazards, suitable eye protection will be worn by all employees while on construction sites or while working in a shop or plant. 3. Booms and blades will be lowered to the ground at the completion of each day's work, unless work conditions prevent compliance. 4. Only company employees are allowed in or on company trucks or equipment. 5. All electrical tools and equipment will be visually inspected for ground problems prior to each days use. Damaged items may not be used until ' repaired or tested. 6. Compressed air will not be used to dust off hands, face or clothes. ����` 7. Immediately report all unsafe conditions and unsafe acts to the management. 8. Employees will work fully clothed with leather work shoes. No tennis shoes will be allowed. All employees will dress in a professional matter. 9. Compliance with the company safety regulations, as well as those established by the General Contractor and/or owner as they apply to our work by contractual agreement, is a condition of employment. 10. "Horse Play" and the use of driigs and alcohol on the job are strictly prohibited. 11. Employees transported by pickup must be seated within the contines of the walls of the pickup bed. Do not ride on vehicles or mobile equipment. 12. All injuries or illnesses are to be reported to your supervisor immediately. 13. Employees must wear seat belts and obey all traffic laws when operating company vehicles. 14. Deliberate violation of Safety Rules and Regulations may cesult in ctisciplinary action up to and including discharge. �, r' 2.7.Subcontractors Information and Qualifications Complete the following tabte listing each subcontractor and their proposed task associated with this contract. � � � �`, x � �,m � ,�; = � -� � - �ra,� �or.s t . B�s-roS +��e4..�,�.� �-t�;�w � �e � �4-z.�e If subcontractors are to be utilized, the following information should be submitted for EACH subcontractor. (This section must be completed in addition to the required MWBE documentation in Section 2.9.) 2.7.1. Subcontractor's company name, address, email address, telephone number(s), and FAX number(s) for the local office as well as the headquarters. 2.7.2. Subcontractors current Statements of Qualifications. 2.7.3. Matrix including the following information detailing the subcontractor's personnel, their qualifications, and years of experience. ■ Position title and job function as associated with this contract, (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc..) ■ Name ■ Tasks to be performed in association with this contract ■ Certifications/Licenses ■ Total Years Experience 2-14 2.8.Bonds ✓ i C •�- :• • Proposals must be accompanied by a bidder's bond in the amount of five percent (5%) of the total cost (Item 2.4.3). Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project contract. This bond will serve as a guarantee that the successfui Contractor will enter into an agreement with the City to perform the project. The bond is subject to forfeiture in the event the successful Contractor faiis to execute the contract documents within 10 calendar days after the contract has been awarded. 2.8.2. Payment and Performance Bonds Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. 2.8.3. Requirements for Sureties The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy nf the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 2-15 ys: :� ATTACH CASHIER'S CHECK OR BIDDER'S BOND HERE Remainder of this page left biank intentionally 2-16 ` 2.9. Minority/Women Business Enterprise (MWBE) Utilization Requirements A MWBE goal of 10% percent has been established for this contract. Contract Assurance - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Contractors shall make a good faith effort to subcontract with or purchase supplies from MWBE firms. Contractors shall meet or exceed the stated goal or submit documentation of good faith effort for all applicable contracts to permit a determination of compliance with the specifications. MWBE documentation consists of the Special Instructions to Bidders, the Subcontractor Utilization Form, the Prime Contractor Waiver Form, the Good Faith Effort Form, and the Joint Venture Form. Copies can be obtained from the City's MWBE Office. 2.9.1. If Contractor equals or exceeds the project goal, they must submit the Subcontractor Utilization Form or the Joint Venture Form. 2.9.2. If Contractor does not have subcontracting and/or supplier opportunities, they must submit the Prime Contractor Waiver Form. 2.9.3. If Contractor has subcontracting and/or supplier opportunities but does not include MWBE participation in an amount which equals or exceeds the project goal, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. 2.9.4. If Contractor has subcontracting and/or supplier opportunities but does not include any MWBE participation, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. All MWBE firms must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division. For the purpose of determining contract compliance under the DBE program, businesses listed as DBE within the Utilization Plan must be certified as such prior to a recommendation for award being made to the City Council. Contractor shall submit the Subcontractor Utilization Form and/or the Good Faith Effort Farm or the Prime Contractor Waiver Form, or the Joint Venture Form ("and documentation") as appropriate. The TPW-Environmental Services Division must receive the documentation no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Contractor shall obtain a receipt from an employee of the TPW- Environmental Services Division. Such receipt shall be evidence that the City received �� the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure 2-17 4 u to comply with the bid specifications, inclusive of the MWBE requirements and documentation, shali render the bid non-responsive, The Good Faith Effort documentation shall demonstrate the Contractor's commitment and honest efforts to utilize MWBE(s). The burden of preparing and submitting the Good Faith Effort information is on the Contractor and will be evaluated as part of the responsiveness to the bid/proposai. A Contractor who intentionaily and/or knowingiy ' misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. Questions about MWBE requirements may be directed to the City's MWBE Business Office at 817-212-2674. Check the appropriate box/boxes: � The following MWBE documents are included in this bid submittal, following this page, bound within the response: ✓ Subcontractor Utilization Form Joint Venture Form Prime Contractor Waiver Form Good Faith Effort Form ❑ MWBE documents will be delivered to the TPW- Environmental Services Division* no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Prompt Payment - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE and non-DBE subcontractors. CONTRACTO� - VU� LDu�tS'C" Ul� R EL�-t t,.4 �. a� �jC �`KC.• Signature Company '��,�.�\ C���� i• 1`�,• 1'L Name Date � Title NOTE: The TPW-Environmental Services Division Administrative Offices are located in the City Hall Annex, 908 Monroe Street, 7th Floor, Fort Worth, Texas 76102. The Division's mailing address is 1000 Throckmorton, Fort Worth, Texas 76102. ` ;� 2-18 �,�� 2.10. Statement of Residency f The following information is required by the City of Fort Worth in order to compiy with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non-responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each Bidder shall complete and return, with its bid, the Statement of Residency Form. Failure to provide all required information shall result in the bid being considered non-responsive. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "Resident Bidder" as a bidder whose principal place of business* is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a"Nonresident Bidder" as a bidder whose parent company or majority owner does not have its principal place of business* in the state of Texas. Bidder's complete company name M�OWr�ST 1J��Et�l�4b CO• a�TX� ��,�c.,, • State your business address in the adjacent space provided if you are �` a Texas Resident Bidder: 3v5 t�LE Loo� $Lo �-1u¢,ST�'�'K State your business address in the adjacent space provided if you are a Nonresident Bidder: *The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas, that the business entity o has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and o has at least one employee who works in the Texas office Form (Section 2.10) prepared by: Name �..'il�.�+�,rS. C.i�?A'� �-.' �-_—.-.'`.r'—."' Title '(..��o Date �• �� � �Z 2-20 2.11. Nondiscrimination All City contractors are required to comply with Chapter 17, "Human Relations," Article Iii, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Contractor agrees that Contractor, its employees, officers, agents, or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Contractor, its empioyees, officers, agents, or subcontractors herein. CONTRACTOR: _` �___-.—.�� Signature gR��.�S, e.•�oA�TE Name �E� Title �N` �o��s�- l.�tz£c.1�-t ►�� �'o, aF "�k � I.,�c.. Company l • �c, • �2 Date Remainder of this page left blank intentionally 2-21 2.12. Prevailing Wage Rates A Contractor selected for this project wili be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts. The current wage scale for members of the Building and Construction trade may be found at: http://www.texoassociation.org/Chapter/waqerates.asp. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code, and intends to comply with same in the execution of this project. CONTRACTOR: 1���+.•�S�' Wtec.k-��.,� (`o�okfiu�lKt• Company Name �'•a $orc 1tolll� Address aY: �a-��e, � Cl�r�-c E (print or type me of signatory) .�_.� (Signature) �tr► �r td,� �+, `�, `"� b c (o t City, State, Zip e� Title (print or type) 2-22 2.13. Insurance Certificates A successful Contractor will be required by the contract to have insurance coverage as detailed below. Contractor must provide Certificates of insurance in ' the amounts and for the coverages required to the TPW-Environmental Services Division, Administrative Offices, within 14 calendar days after Notice of Award. (a) Insurance coverage and limits: Commercial General Liability Insurance o $1,000,000 each occurrence o $2,000,000 aggregate 2. Professional Liability Insurance - NOT APPLICABLE. 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: o$1,000,000 per accident on a combined single limit basis or: o$500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation o Coverage A: statutory limits o Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 5. Environmental Impairment Liability (EIL� and/or Pollution Liabilitv_ $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and #ransporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). 6. Asbestos Abatement Insurance -$2,000,000 each occurrence with no Sunset Clause. .,�� 2-23 (b) Certificates of insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 2. Certificate(s) of insurance shall document that insurance coverage specified according to items in section 2.13(a) are provided under applicable policies documented thereon. 3. Any failure on pa►t of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor`s insurance policies. Notice shall be sent to Michael A. Gange, Assistant Director, TPW Environmental Services Division, City of Fort Worth, 1000 Throckmorton St., Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 2-24 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required in Section 2.13(a) above, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonabiy equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shail not constitute a breach by Contractor of the contract. ,� The undersigned acknowledges the insurance requirements of this section and intends to comply with same in the execution of this project. CONTRACTOR: ��o�rsT �uEc��� Co•a�-fik�i►�c.• Company Name P.O. Box 1 b14��`i Address BY: �R�a�y C,�oArtE (print or type ame of signatory) �• (Signature) �� • w�nfi� � T1�� `t tn c b � �,�Eo City, State, Zip Title (print or type) Remainder of this page left blank intentionally 2-25 FOR PURPOSES OF EVALUATING THIS BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) HERE AND BOUND WITHIN THE BID PACKAGE. Remainder of this page left blank intentionaliy 2-26 2.14. Workers Compensation Insurance Coverage A. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Texas Labor Code, 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unre�ated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the City prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period 2-27 shown on the current certificate of coverage ends during the duration of the project. B. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. C. The Contractor shall notify the City in writing by certified mail or personai delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. D. The Contractor shall post on each site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. (see paragraph II) E. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amount and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its ^ employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor. (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required ce�tificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the City in writing by certified mail or personal delivery, within ten 2-28 �� days after the person knew or shouid have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. L. Contractor posting required. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or t�ansportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at 512/440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 2-29 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code, Section 406.096 Contractor certifies that it provides Workers' Compensation insurance coverage for all of its employees employed on the pubiic project to abate asbestos/demolition in the unit identified in this contract. STATE OF TEXAS} COUNTY OF TARRANT} iV� � o� 1. t�Q..Ec.1�t�S e0. u�-'�r, t..�C . Contractor By: 1 L..: �_„—..z---'. Contractor's Signature �ED Title i• l�. �'Z__ Date BEFORE ME, the undersigned authority, on this day personally appeared ��`�x� �,1��-� , known to me to be the person whose name is subscribed to the foregoing instrument, and ac nowledged to me that he executed the same as the act and deed of ������2_ � �� -RC L\'l'S for the purposes and consideration therein expressed and in the capacity therein st ted. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1.�_ day of ��C1�. , 201'�, ,....... � ��;�`Y'�"�`Traci ����""`�+ - � �,��� rvoc �b�� on �`''a�£qi�� C��aca of Tex y� 'N�� ' �"........ ;'����!?6_22-15 ��O��N1 My Commission Expires r , �,= ,�� Notary . t��ic in and for the State of Texas ��J��.J� � V� `�\` ..-�i 1 � \ 2-30 2.15. Contractor's Responsibilities Contractor is responsible for becoming familiar with the character, quality, quantity of work to be performed, materiais and equipment required. Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, unless otherwise specified in this Invitation to Bid. All costs associated with preparing a Bid in response to the Solicitation shall be borne by the Bidder. The undersigned acknowledges the requirements of this section, and intends to comply with same in the execution of this project. CONTRACTOR: . �__...-J�---- Signa ure ��� � ���fi� Name ��b Title j�.p.,�� sT t�RC Company �• ��.1"t.._ Date Remainder of this page left blank intentionally �o• o.�- Tk i�'�c- ' 2-31 �. 2.16. Contractor's Legal and Compliance History Contractor's legal and compliance history is a critical component of this Invitation to Bid. Read this section with care and respond accordingly. Failure of the Contractor to provide ail the information requested and to certify the report, will result in the Contractor's submittal being declared non-responsive. Contractor shali attach a written report of legal action brought against Contractor, Contractor's officers, Contractor's employees, AND Contractor's proposed subcontractors relatinq to the protection of the environment. The terms "legal action" and "relating to the protection of the environmenY' are defined below. The report shall include all legal action brought within five (5) years of the closing date of this Invitation to Bid. The report shali detail the substance, status, and outcome of such legal action. This inciudes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. Include the foliowing information for each case at a minimum: • Style of Case ( X vs. • Cause Number • Court • Date of Disposition Y ) • Settlement Information (as appropriate) • Names / Addresses of all parties named • Counsel List and phone numbers • Judgment and Order of Judgment LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency, commission or department, whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relatinq to the arotection of the environment. In this context, enforcement action shall mclude without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, civil litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relatinq to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the rnanufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the air, surface water, drinking water, groundwater, storm water, publicly owned treatment works, or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, using the following form. The top portion of the 2-32 form is to be completed if a report of legal action is attached. The bottom portion of the form is to be completed if Contractor has no legai action to report. Make certain that the appropriate portion of the form is filled out and signed. AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR shall mean: (1) if the Contractor is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who perForms similar policy or decision-making functions for the corporation; (2) if the Contractor is a partnership, a general partner; and (3) if the Contractor is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION OF CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY ' BOUND WITHIN THE BID Remainder of this page left blank intentionalfy ` .� 2-33 Certification of Contractor's Legal and Compliance History Complete ONE of the Following Certifications Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Contractor's, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: Signature Company Name Date Title _ � � � � �_ _ ����_�_ _ � � �� _ � __ ___ t _ . � _� ,�__�. _s_u _ _r _ , �.�._.. �� ' �:�� ��_�. � � Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees, or Contractor's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONT �TO�-----'�.-� r Y\��wpt 'c` � l._o • o � � ��C �,., r Signature Company ��-► ��, c=r� � ��- Name C �. b Title l• t� •1�_._. Date 2-34 ATfACHMENT 1A Page 1 of 4 FO-R�, W��RT_H_ City of Fort Worth z Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime AA1i1WE.ST t�RE�c.,r r1(� �• oF Ttc IN� . PROJECT NAME: M/W/DBE NON-M/W/DBE BID DATE Ra.ww.k..1 ��va ��e.�l� i-co�. a� 9'�fb Teh AM k C�,ri 1— �9 -2o�z City's M/WBE Project Goai: Prime's MNVBE Project Utilization: PROJECT NUMBER lo % 3q % £1�� 1z -03 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2"d tier G������1/���ic3�i�t�������:��I�(� 7.y��il:7=[dil►��;LL�i_Pi�717� Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as Inng as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 � ' ATfACHMENT 1A FoRr WoxrH Page 2 of 4 .�� Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MlWBEs. Piease list M/WBE firms first, use additional sheets if necessary. Certification N (check one) � SUBCONTRACTOR/SUPPLIER T n Company Name � N T Detail Detail Address e M yy C X M Subcontracting Work Supplies Purchased Dollar Amount Tele hone/Fax T D W p r E E R O B C T E A Po�eG Co�1co.�.� 1.nc, pf,l,es,4os A�e,.�e 13301 �Cx-��..��y �W � ✓ �- �'h.i�1t�.15�e.-� i5� 3�.� Sv��e �A� � We.�.l�'E!. �4�wS �-�i-- �(��" 1 �t�� "l lao �d 91"1•�$•9f$8o Pl"j ' Sb$ 'q$�Z '�`'^ic Rev. 5/30/03 ATTACHMENTIA FORT WORTH Page 3 of 4 � Primes are required to identify ALL subcontractors/suppliers, regardiess of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) � SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detaii Detail Address e M yy � X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r g g T D E E R 0 B C T E A Rev. 5/30/03 FORT_,,,�0� H � ATTACHMENT1A Page 4 of 4 Total Doliar Amount of M/WBE Subcontractors/Suppliers $ 15 3tb. °= Total Doilar Amount of Non-M/WBE Subcontractors/Suppiiers $ 2 3� a.�o.:!. TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 3q � ��D, p0- The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE qoal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. . �---� �,----- Authorized Signature �tt�r�.t�1 'L.�o�iE Printed Signature c�o Title �M�o,��-�T �Q�.w;�c� �. � �k , ��G � Company Name P•a . t���b�9 Address F��Z'T � 0 Cl"C �i 1�( ~I �D I�D � City/State/Zlp Contact Name/Title (if different) �„��8�.-,o�z l ��-������s�� Telephone and/or Fax �-�,�.,� �.;a��.��t�a���x��� .,�.+- E-mafl Address � '� b•,� Date Rev. 5/30/03 � � � ��� � Histarically Und+erut��ized Bu$iness C�rtification and Gart�p�i�n�e Program � .; ,7, �.�: ,:`�; t�y\ �1� ' I �/. �"���,� i•'f, �`;•:'•(:,-:�� � � �'I ,.::r i ,.' ��,%� „�, .� �J � �``� X"� ` , � 2L��y. I`✓� �� f '' �� ;,�• l. J � -- •-- ln accordance with the Memar�ndum of AgrEEmEnt between the Dalias/Fart Worth Minority Supplier Development Cquncil (DFwM�D�) and the TExas �amptr�ller af Public Accounts (CPA), the CPA hereby cer�ifies that ��Nc� ca�vT�Ac-r�R� has successfully met the establish�d requirements of th� Statewid� Histarfcally Underutilized Business (HUB) Program to be recvgnized �s � HUB. This certificate, printed 1 fi-JUN-2b11, supersedes any registration and certificate previausly i�sued by the HU� Pr4gr�m, If there are any changes regarding the inforrnatian (i.e., business structure, ownership, day-tv-day management, operation�l control, addrasses, phone and tax numbers or authorized signatures) provided in the submission Qf the business' application for reglstration/certification into the DFWM$DC's �rogtarn, you must immedi�tely (within 30 day5 af such changes) notify the DFWMSOC's program (n writing, The GPA reserves the right to conduct a oompliance review at any time t4 confirm HU� eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. if your firm ceases to remain oertifled in the D�INMSDC's program, you must apply and b�cama a�rtified through the State of Texas HUB program to malntafn your HUB certi(icatlon. `��.�..� �. ���„�, CertificateNlD NumbEr: 12010�1353G00 Paul A. Gibson �ile/Vendor Number: 38497 Statewide HUB Pra�ram Man�ger Approv�( L�ate: 10-JUN-2011 rexas CQmptroller of Public Accounis �xpiration Dat�: �0-JUN-2012 T0xa5 PrpCUrern�nt and Su�7�c7tt �2tYi�AS DIViSI0t1 Note: In ordor for State agencles and (nsiitutlons of higher education (univ�rsities) to be credited tor utilizing thls bus(ness as a HUB, thoy must award payrnent unde� the CertificatoNlp Number identiiied above. Agencles and universftles are encouraged to v�lidate HUB ceniflaatlon prior to (ssuing a naticv ot award by accessing the internet (hnP;��wwW.Windaw.stste.tx.us/procuremenV/cmbUhubvnMy,html) q� by �t�n�Gt�ng kh� Hl,1B Prpgt�m �t (888) 883-5881 or (512) �63-5972. � �i L � � � ASBESTOS ABATEMENT SPECIFICATION5 FORMER YOUTH CENTER 9700 TEN MILE BRIDGE ROAD FORT WORTH, TEXAS ENERCON PROJECT NO. FWTHASB021 Prepared for: CITY OF FORT WORTH TPW-ENVIRONMENTAL SERVICES 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 November 18, 2011 Prepared by: ENERCON SERVICES, INC. 12100 Ford Road, Suite 200 Dallas, Texas 75234 (972)484-3854 (972)484-8835 Fax Agency License No. 10-0294 Laboratory License No. 30-0356 ASBESTOS ABATEMENT SPECIFICATIONS ' FOR FORMER YOUTH CENTER 9700 TEN MILE BRIDGE ROAD FORT WORTH, TEXAS Prepared for: CITY OF FORT WOTH ENVIRONMENTAL SERVICES 1000 THROCKMORTON STREET FORT WORTH, TX 76102 November 18, 2011 Prepared by: Toni Tower � � ��'��� ���,(��:,�. Individual Asbestos Consultant DSHS license # 105698 Expires November 24, 2012 Reviewed by: Darius D. Parker, P.E. , � . Individual Asbestos Consultant DSHS License # 105074 Expires May 31, 2012 TABLE OF CONTENTS PART 1: GENERAL INFORMATION ..................................................................................... 1 1.1 BID REQUIREMENT .......................................................................................................... 1 1.2 LICENSES AND QUALIFICATIONS ..................................................................................... 5 1.3 DEFINITIONS ....................................................................................................................6 1.4 SCOPE OF WORK ............................................................................................................ 13 1.5 DESCRIPTION OF WORK ................................................................................................. 18 1.6 APPLICABLE STANDARDS AND GUIDELINES .................................................................. 19 1.7 SUBMITTALS AND NOTICES ........................................................................................... 21 1.8 SITE SECURITY .............................................................................................................. 23 1.9 EMERGENCY PLANNING ................................................................................................ 24 1.1 O P�-START MEETING .................................................................................................... 25 1.11 ASBESTOS SURVEY RESULTS ......................................................................................... 26 2.1 MATERIALS ................................................................................................................... 27 2.2 EQUIPMENT ................................................................................................................... 28 2.3 SUBSTITUTIONS ............................................................................................................. 30 PART3: EXECUTION ............................................................................................................. 31 3.1 PREPARATION ................................................................................................................31 3.2 WORICPLACE ENTRY AND EXIT PROCEDURES ................................................................ 36 3 .3 T��v�� ...................................................................................................................... 3 8 3.4 RESPIRATORY PROTECTION ........................................................................................... 39 3.5 PROTECTIVE CLOTHING ................................................................................................. 40 3.6 REMOVAL PROCEDURES - NEGATIVE PRESSURE ENCLOSURES ..................................... 41 3.7 REMOVAL PROCEDURES - GLOVE BAG PROCEDURES ................................................... 42 3.8 CLEAN-UP PROCEDURES ............................................................................................... 43 3.9 ENCAPSULATION PROCEDURES ..................................................................................... 44 3.10 AIR MONITORING .......................................................................................................... 45 3.11 DISPOSAL PROCEDURES ................................................................................................ 4� 3.12 TRANSPORTATION TO THE LANDFILL ............................................................................ 48 3.13 LarrDFILL DlsPosaL ..................................................................................................... 49 3.14 RE-ESTABLISHMENT OF THE WORK AREA AND SYSTEM RETURNS ............................... SO 3.15 REPAIx .......................................................................................................................... 51 PART 4: SUPPORT ACTIVITIES AND PERSONNEL ....................................................... 52 4.1 T�tAtN�G ...................................................................................................................... 52 4.2 MEDICAL MONITORING ................................................................................................. 53 4.3 SAFETY ..........................................................................................................................54 PART5: DRAWINGS ............................................................................................................... 55 FWTHASB021 �� � Former Youth Center 9700 Ten Mile B►•idge Road Technical Project Specifications for Localized Asbestos Abatement PART 1: GENERAL INFORMATION 1.1 1.1.1 Bid Requirement Site Investigation November 18, 2011 FWTHASB021 1.1.1.1 By Submitting a Bid, the Contractor acknowledges that he has investigated and satisfied himself as to: (A) the conditions affecting the work, including but not limited to physical conditions of the site which may bear upon site access, handling and storage of tools and material, access to water, electric and other utilities or otherwise affect performance of required activities, and (B) the character and quantity of all surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including exploratory work done by the Building Owner or a designated consultant, as well as information presented in drawing and specifications included with this contract. Any failure by the Contractor to acquaint himself with available information will not relieve him from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Building Owner is not responsible for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Building Owner. It is the Contractor's responsibility to completely review the specifications and the plans and make any recommendations that would have a significant impact on this project. 1.1.1.2 1.1.1.3 1.1.2 No Bids will be accepted from any Contractor who has not inspected the job site either in person or through a qualified designated representative. The walk through is mandatory. Failure to meet any of the conditions of these specifications will result in the forfeit of the Bid Security. Discrepancies 1.1.2.1 Should a Person submitting a Bid find discrepancies in the plans and/or specifcations or should he be in doubt as to the meaning or intent of any part thereof, he must, prior to commencement of work, request clarification, in writing, from the Building Owner. Discrepancies with regard to conflicts between the Contract Documents and applicable Federal, State or Local regulations or requirements shall be included therein. Failure to request such clarification is a waiver to any claim by the Person submitting a Bid for expense made necessary by reason of later interpretation of the Contract Documents by the Building Owner. 1.1.2.3 1.1.3 Oral explanations or instructions will not be binding, only written addenda are binding. Insurance Requirements and Bid Security 1.1.3.1 Insurance requirements-The Contractor shall purchase and maintain insurance that will protect him from claims that may arise out of or result from his activities under this Contract, whether those activities are performed by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 1.1.3.2 Required Workers Compensation Insurance Coverage - 28 TAC I10.110(c)(7), adopted to implement Texas Labor Code 406.096. 1.1.3.3 Additional insurance and/or bid security as requested in writing from the City of Fort Worth (City) prior to submission of bid � J Toni L. Tower � �� �� �/ i���� �t�SHS Consultant Lic. 145698 1 Of S�i U � Exp. Date: 11/24/12 �_i r� Former Youth Center 9700 Ten Mile Bridge Road November 18, 20ll Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 Notes : (A) The Contractor shall use the following language for Bid specifications and contracts for building or construction, without any additional works or changes, eYcept those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation. (B) A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, ar TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project is required for the duration of the project. (C) Duration of the project includes the time fi•om the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the facility owner or his representative. (D) Persons providing services on the project ("subcontractor" in Texas Labar Code 406.096) include all peisons or entities performing all ar part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees or any such entity, or employees or any entity that furnishes persons to provide services on the project. (E) Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (F) The Contractor must provide a certificate of coverage to the City prior to being awarded the contract. (G) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certiiicate of coverage with the governmental entity showing that coverage has been extended. (H) The Contractor shall obtain from each person providing services on a project, and provide to the City: 1. A certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all peisons providing services on the project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the project. (I) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. (J) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. (K) The Contractor shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. �\]]] Toni L. Tower /' / U�" � r /� �/ I�`� �DSHS Consultant Lic. 1 a5698 2 of 56 �� ` U Exp. Dale: 11124112 l.� Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 (L) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401,011(44) for all of its employees providing services on the project for the duration of the project; Provide to the Contractor, prior to that per•son beginning work on the project, a certificate of coverage showing that coverage is being provided far all employees of the person providing services on the project for the duration of the project; 3. Provide the Contractor, prior to the end of the coverage period, a new certiiicate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 4. Obtain from each person with whom it contracts, and provide to the Co ra�r: a. A certiiicate of coverage, prior to the other person begi ' ork on the project; and b. A new certificate of coverage showing e;cten ' o��verage, prior to the end of the coverage period, if the cover e��i'bd shown on the current certificate of coverage ends during the ti �of the project; 5. Retain all required certificates of covera e fl�le for the duration of the project and for one year thereafter; �� � 6. Notify the City in writing by c� �ail or personal delivery, within ten days after the person knew or shoul ve known, of any change that materially affects the provision of coverag ��person providing services on the project; and 7. Contractually re ' e�ach person with whom it contracts to perform as required by items 1-6, '�t�certificates of coverage to be provided to the person for whom they are ��ing services. (M) By signin �hi�bgf►tract or providing or causmg to be provided a certificate of coverage, the Contr i�ri'epresenting to the City that all employees of the Contractor who will provide ser 'c�o the project will be covered by workers' compensation coverage for the duration of he�r �ect, that the coverage will be based on proper reporting of classification codes and ��ayroll amounts, and that all coverage agreements will be fled with the appropriate insurance � carriers or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. (N) The Contractors' failure to comply with any of these provisions is a breach of the contract by the Contractor that entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. (0) The coverage requirement recited above does not apply to sole proprietors, partners, and corporate officers who are excluded from coverage in an insurance policy ar cet•tificate of authority to self-insure that is delivered, issued for delivery, or renewed on of after January 1, 1996. 38 TAC 110.110(I) 1.1.3.3 The Contractor shall submit a certificate of Asbestos Abatement general liability insurance for personal injury, occupational disease and sickness or death, premises-operations, products /completed operations hazard, contractual insurance, independent contractors and broad form property damage. Insurance shall include "Occurrence" claim provisions. Minimum acceptable Toni L. Tower � �. �� / ��� I ' 1� ' I % /QSHSConsultanlLic. 145698 3 of 56 � ��� U l/V l_ Y Exp. Date: 11/24112 r Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 coverage is: $1,000,000 Combined Single Limit for Bodily Injury and Property damage or $500,000 Bodily Injury and $250,000 Property Damage (each occurrence). The Consultant is to be named as additional insured. Note: In addition to the above general liability insurance the Contractor will be required to furnish the following additional insurance. 1.1.3.4 (A) Installation Floater (not applicable). The Contractor shall, during the progress of the work, maintain insurance equal to the full amount of the cost of the project plus three percent for additional costs. Policy shall be inland marine form, subject to the approval of the Owner. The insurance shall cover all work incorporated in the building project and all materials for the same, in or about the premises. Money received under any such insurance shall be paid in the same manner as monthly progress payments in relation to the cost incurred in the rebuilding or reparation of the work destroyed or damaged. Floaters Installation Insurance shall be subject to a deductible of $1,000.00 for all losses occasioned by perils insured. All other losses will be at the ris of the Contractor(s). e (B) Owner's Liability Insurance. The Contractor shall obtain, at his ex n Owner's Protection Liability Insurance Policy, naming the Owner, its employees,�hd Consultant as insured, with the following limits: (�' � JGv Each Occurrence $500,000.00 v Aggregate $1,000,000.00 �� (C) Certificates of Insurance for the above covera �a12 be filed with the Owner before work begins. �� 1.1.3.5 Pollution Liability Insurance: The asb s aDatement Contractor shall provide the Owner an insurance certificate for Pollution L' i nsurance in the amount of $1 million dollars for the asbestos waste transportation c m�n�. Should the abatement Contractor transport their own waste, they must provide thi i�V_nce. . 1.1.3.6 The Contractor shall p� ehicle liability and property damage insurance for the duration of the project for all �n� ,�iired and non-owned vehicles with the following limits. v Bodily Injur � $100,000.00 (each person) Bodily n $500,000.00 (each occurrence) Pr ert�H mage $100,000.00 (each occurrence) 1.1.3.7 aS�d the person submitting a Bid to whom the contract is awarded fail or be unable to execute �the contract for any reason within (30) days after notification of award, then an amount equal to the difference between the acceptable Bid price and that of the next highest person submitting a Bid shall be paid to the Building Owner as liquidated damages. 1.1.3.8 If required by the owner, the Contractor will furnish a payment bond and performance bond in the amount of 100% of the contract price. This bond must be written by a Surety Company listed by the United States Department of the Treasury (Federal Register Circular 570) as an acceptable surety on Federal Bonds and shall hold a B+ or better rating by A.M. Best Company, Oldwick, N.J. The right to accept a Bid from a company with an acceptable bond that is not treasury listed shall be reserved by the Owner. 1.1.3.9 As a prerequisite to signing the contract, the Contractor shall have furnished Performance and Payment Bonds if required and Certificates of Insurance. ****END OF SECTION***X Toni L. Tower � � ���� � �� � 9SHS Consultant Lic. 10-5698 4 of 56 �� Exp. Date: 11124/12 � �. Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 20ll FWTHASB021 1.2 Licenses and Qualifications 1.2.1 Contractor must be licensed as required by the Te:cas Department of State Health Services (TDSHS) for the purpose of removal, encapsulation, enclosure, demolition, and maintenance of structures or components covered by or composed of asbestos-containing material (ACM). In accordance with TDSHS regulations (295.31(e) each person on the job site must have the identifcation card issued by the TDSHS, proof of required training, current physical, and current respirator fit-test prior to work. 1.2.1.1 Contractor shall demonstrate prior experience on asbestos abatement projects of similar nature and scope through the submission of letters of reference from the Building Owner's including the name, address and telephone number of contact person (someone specifically familiar with the Contractor's work) for at least three (5) previous users of service. Include descriptions of projects, locations, and records of all air monitoring data that were generated during the project. 1.2.1.2 In addition, Contractor shall furnish a copy of work procedure (e.g. containment, decon-unit, respirator, emergency plan, etc.). 1.2.1.3 Contractor shall submit a notarized statement, signed by an officer of the company, containing the following information. 1.2.1.4 A record of any citations issued by Federal, State or Local regulatory agencies relating to asbestos abatement activity. Include projects, dates and resolutions. 1.2.1.5 A list of penalties incurred through non-compliance with asbestos abatement project specifications including liquidated damages, over-runs in scheduled time limitations and resolutions. 1.2.1.6 Situations in which an asbestos related contract has terminated including projects, dates and reasons for termination. 1.2.1.7 A listing of any legal proceedings/claims in which the Contractor (or employees scheduled to participate in this project) have participated or are currently involved. Include descriptions of role, issue and resolution to date. 1.2.1.8 A certified statement listing all owners of said company. X***END OF SECTION*xXX �, n,{� Toni L. Tower i�' �I U DSHS Consultant Lic. 10-5698 $ OF S6 1 �� ��� Exp. Date: 11124/12 i �_1 �� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 1.3 Definitions Abatement — Procedures to control fiber release from ACM to include removal, encapsulation, enclosure, repair, demolition, and renovation activities. Adequately wet — Sufficiently mixed or penetrated with liquid clean through with no dry material to prevent the release of particulates. If visible emissions are observed coming from ACM, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. AHERA — Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519. The act amends the Federal Toxic Substances Control Act, 15 United States Codes, §2641, et seq., by requiring an inspection of all school buildings (Grades K-12), all school administrations to develop plans for controlling asbestos in or removing asbestos from school buildings, and providing penalties for non-compliance. Airlocic — A system for permitting entry and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated by a distance of at least three (3) feet such that one passes through a doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway thereby preventing flow- through contamination. Air Monitoring — The process of ineasuring iiber content of a known volume of air collected on a filter during a specific time period. Air Monitoring Technician — A TDSHS-licensed individual contracted or employed by the Building Owner or Consultant to supervise and/or conduct air monitoring. This individual shall not be affiliated with the Contractor performing the abatement work. Amended Water — Water to which a surfactant has been added to enhance its absorption ability. Asbestos - The general name given to a number of naturally occurring hydrated mineral silicates each of which possesses a specific crystalline structure, is incombustible in air, and is separable into fibers. Asbestos includes the asbestifarm varieties of Chrysotile (serpentine), Crocidolite (riebeckite), Amosite (cummingtonite-grunerite), Anthophyllite, and Actinolite. Asbestos Abatement — The removal, the encapsulation or the enclosure of asbestos for the purpose of, that has the effect of, reducing or eliminating airborne concenti•ations of asbestos fibers or amounts of ACM. Asbestos Abatement Contractor — A person who undertakes to perform asbestos removal, enclosure, or encapsulation for others under contract or other agreement, or who bids to undertake asbestos activities. Asbestos Abatement Supervisor — An individual who is in the direct and responsible charge of the personnel, practices, and procedures of an asbestos abatement operation or project. Asbestos Consulting Activities — Consulting activities in public buildings include: the designing of asbestos abatement projects; the survey for asbestos-containing building materials; the evaluation and selection of appropriate asbestos abatement methods and project layout; the preparation of plans, specifications and contract documents; the review of environmental controls and abatement procedures for personal protection that are to be employed every day of the asbestos abatement activity, fi�om the start through the completion dates of the project; the design of air monitoring of the project; any survey, management planning, air monitoring, or project management performed by or for the consultant or consulting agency. Asbestos-Containing Material (ACM) - May be defined, as by the EPA, as any friable material ar product containing greater than one percent asbestos or, by convention, as any material or product which contains >1% asbestos. / � � 7\ Toni L. Tower U� I / ��� `�/�j qSHS Consultant Lic. 10.5698 6 of 56 ��1 "�-, �� Exp. Date: 11124/12 �_ 1 Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 Asbestos-Containing Building Material (ACBM) - Surfacing ACBM, thermal system insulation ACBM, or miscellaneous ACBM that is found in or on interior structural members or other parts of a public or commercial building. Asbestos-Containing Waste Material - Includes mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of 40 CFR Part 61, Subpart M. This term includes filters fi•om control devices, friable asbestos waste material, and bags or other similar packaging contaminated with asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing building materials, and materials contaminated with asbestos including disposable equipment and clothing. Asbestos Debris - Pieces of material that can reasonably be identified by color, texture or composition as being traceable to a known asbestos-containing application. May mean dust, if the dust is determined by analysis to be ACM. Asbestos Exposure — Airborne asbestos fiber concentrations resulting from disturbance or deterioration of asbestos or ACM. Asbestos Project Design — Asbestos abatement project design includes the inspection of public buildings for ACM, the evaluation and selection of appropriate asbestos abatement methods, project layout, the preparation of plans, specifications and contract documents, and the review of environmental controls, abatement procedures and personal protection equipment employed during the project Asbestos-Related Activity - The disturbance (whether intentional or unintentional), removal, encapsulation, or enclosure of asbestos, including preparations or final clearance, the performance of asbestos surveys, the development of management plans and response actions, asbestos project design, the collection or analysis of asbestos samples, monitoring for airborne asbestos, preparation of plans and specifcations, or any other activity required to be licensed under the Texas Asbestos Health Protection Rules (25 TAC 295.31-.73, known as TAHPR). Asbestos Removal — Any action that dislodges, strips, or otherwise takes away ACM. Asbestos Reporting Unit (ARU) — An asbestos reporting unit is 160 square feet ar 260 linear feet or 35 cubic feet of ACBM in public buildings or Regulated ACM (RACM) in facilities, as defined under NESHAP. Asbestos Survey — An inspection of a building or facility to determine the location, quantity, and condition of ACM therein by taking samples for analysis or by visual inspection. ASTM — American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Authorized Visitor — The Building Owner (and any designated representatives) and any representative of a regulatory or other agency having jurisdiction over the project Building owner - The owner of record of any public building. A building owner may hire a contractor or other agent such as an architect, engineer, or property manager who may assume certain tasks as outlined in §295.34(b)(5)-(6) of this title (relating to Asbestos Management in Facilities and Public Buildings). (See also the definition of facility owner.) Chain-Of-Custody - Formal procedures for tracking samples and ensuring their integrity. Clean Room — The uncontaminated area of the decontamination system where workers don their protective suites prior to work, and provisions for personal clothing storage have been made. Commercial Asbestos — Any material containing asbestos that is e:ctracted from ore and has value because of its asbestos content (NESHAP definition, 1990). �,r/// Toni L. Tower � � � U �� �/ �pSHS Consultant Lic. 1a5698 7 of 56 � Y Exp. Date: 11124/12 �� f' Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 Commercial Building — The interior of any industrial or federal government owned building. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space. Competent Person — The individual designated as the competent person as required by the United States Occupational and Health Administration t•egulations in 29 CFR, § 1926.58. Containment — A portion of the regulated area that has been sealed and placed under negative air pressure with high efficiency particulate air-filter (HEPA) fltered negative air machines. Contractor — The individual and/or business with which the Building Owner contracts for the abatement of ACM. Curtained Doorway — A device to allow ingress and egress from one room or chamber to another while permitting minimal air movement between the rooms, typically constructed by placing two overlapping sheets of plastic over an existing or temporarily framed doorway, securing each along the top of the doorway, securing the vertical edge of one sheet along one vertical side of the doorway and securing the vertical edge of the other sheet along the opposite vertical side of the doorway. Other effective designs are permissible if approved in advance by the Consultant. Decontamination Enclosure System — A series of connected rooms or chambers, separated from the work area and fi�om each other by air locks, for the decontamination of workers and equipment. The system shall be in accordance with TAHPR 295.60 (e). Demolition — The wrecking or removal of any load-supporting structural member of a public building or facility or the intentional burning of any public building of facility. Designated Person — The individual designated under AHERA to oversee all asbestos activities to include compliance with all laws, regulations, and rules. Disturbance — Activities that disrupt the matrix of ACM, render ACM friable, or generate visible debris from ACM. Encapsulation - Treatment of ACM with a material that surrounds or embeds asbestos fibers in an adhesive or cementitious matrix to inhibit the release of iibers. The encapsulant creates a membrane over the surface of the material (bridging encapsulant) or penetrates the material or binds its components together (penetrating encapsulant). Enclosure - An airtight, impermeable, permanent barrier around ACM to prevent the release of asbestos fibers into the air. EPA - United States Environmental Protection Agency. Equipment Decontamination Enclosure System - That portion of a decontamination enclosure system designed for controlled transfer of material and equipment into or out of the work area, typically consisting of a washroom and holding area. Equipment Room - A contaminated area or room that is part of the worker decontamination enclosure system with provisions for storage of contaminated clothing and equipment. Facility - Any institutional, commercial, public, industrial or residential structure installation or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but e:ccluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive disposal site. Any structure, installation or building that was previously subject to 40 CFR Part 61, Subpart M is not excluded, regardless of its current use or function. Facility owner - The owner of record of any facility ar any person who exercises control over a facility to the eYtent that said person contracts for or permits renovation to or demolition of said facility. (See also the definition of building owner.) J Toni L. Tower �� ���,- L� �� U� q3HS Consultant Lic. 10-5698 8 of 56 �-'� Exp. Date: 11124/12 , j_ j � -' Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 Fair - As used to describe material condition, damage is more prevalent or severe than on materials rated as good. Fiber release episode - Any uncontrolled or unintentional disturbance of ACM resulting in airborne asbestos fiber emission. Fixed Object - A piece of equipment or furniture in the work area which cannot be removed from the work area. Friability - The physical characteristic of any solid that describes its ability to be broken down to a powder or dust. A highly friable material is one that can be easily crumbled by hand pressut•e. A moderately friable material is one that can be crumbled with some difficulty by hand pressure or by mechanical means. A low friability material is one that may require mechanical means to crumble. While the condition of a material does not constitute a measure of its friability, weathering and deterioration can increase the friability of a material. Glovebag - A plastic enclosure with built-in gloves which is placed with an airtight seal around asbestos-containing pipe lagging or other materials such that they may be removed or repaired without generating airborne fibers. Glovebag Technique - A method with limited applications for removing small amounts of friable ACM fi•om HVAC ducts, short piping run, valves, joints, elbows, and other non-planar surfaces in a non-contained (plasticized) work area. The glove bag assembly is a manufactured or fabricated device consisting of a glove bag (typically constructed of 6-mil transparent polyethylene or polyvinylchloride plastic) two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The glove bag is constructed and installed in such a manner that it surrounds the object or material to be removed and contains all asbestos fibers released during the process. OSHA's definition of a glove bag is that it may be no larger than 60" X 60", may be used only one time, may not be slid along the pipe and may not be joined to form a continuous line of glove bags. All workers who are permitted to use the glove bag technique must be highly trained, experienced and skilled in this method. This definition will be strictly applied to on all projects. Good - As used in the context of material condition, integrity of the material is generally complete, with possible small areas of delamination or indications of limited contact or water damage. The mechanism to retain the insulation in its original position (e.g. cloth wrapping over pipe insulation) is still present. Heating Ventilation and Air Conditioning (HVAC) system - The system of pipes, ducts, and equipment, (air conditioners, chillers, heaters, boilers, pumps, fans) used to heat, cool and filter air and move it through a building. The HVAC system is one of several mechanical systems found in most buildings. High-Ef�ciency Particulate Air (HEPA) Filter - A fltering system capable of trapping and retaining at least 99.97 percent of all particles 0.3 micrometers in diameter or larger. Homogeneous Application - An application of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color, texture, and vintage of application. Independent Third-Party Air Monitor — A person retained to collect area air samples to be analyzed by and for the owner of the building or facility being abated. The person must not be employed by the Abatement Contractor to analyze any area samples collected during the abatement projects being monitored or the clearance samples Inspection - An activity undertaken in a school building, public building, or commercial building to determine the quantity, presence or location, or to assess the condition of, friable or non-friable asbestos- containing building material or suspected asbestos-containing building material, whether by visual or physical examination, or by collecting samples of such material. This term includes re-inspections of friable and non-friable known or assumed asbestos-containing building material which has been previously identified. The term does not include the following: Toni L. Tower � �. � �� �� �� �� ,(� 'D/SHS Consultant Lic. 145698 9 of 56 " ��� r Exp. Dale: 11124/12 �_� r� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 (A) periodic surveillance of the type described in 40 CFR §763.92(b) solely for the purpose of recording or reporting a change in the condition of known or assumed asbestos-containing building material; (B) inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or (C) visual inspections of the type described in 40 CFR §763.90(i) solely for the purpose of determining completion of response actions. Installation - A building or structure, or group of buildings or structures, at a single demolition or renovation site controlled by the same owner or operator (National Emissions Standards for Hazardous Air Pollutant definition, 1990). Layer — Any constituent of an asbestos bulk sample that exhibits different physical properties such as color or composition and can be readily separated from the rest of the sample with an instrument such as a modeler's knife. Licensee — A person who meets all qualifications and has been issued a license or registration by the TDSHS. Locic-Down - Application of a sealing material to ensure that any residual microscopic fibers remaining following asbestos removal are prevented from becoming airborne. Major Fiber Release Episode — Any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of more than 3 square or linear feet of friable ACBM Mechanical System - A building component system: can include the plumbing system, elevator system, and others. (See HVAC). Negative Pressure Ventilation System — An exhaust system equipped with HEPA filtration capable of maintaining a constant low velocity air flow into contaminated areas from adjacent uncontaminated areas. NESHAPS - The National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61). NIOSH - United States National Institute of Occupational Safety and Health. Optical Microscope - A microscope that uses the transmission of light through lenses to magnify a specimen for examination. Capable of resolution of fibeis or other materials down to approximately 0.25 micrometers in diameter. OSHA - United States Occupational Safety and Health Administration. Owner or operator of a demolition or renovation activity - Any person who owns, leases, operates, controls, or supeivises a commercial building or facility being demolished or renovated or any. person who owns, leases, operates, controls, or supervises the demolition or renovation operation or both. Phase-Contrast Microscopy (PCM) - An optical microscopic technique used for counting fibers in air samples. PCM does not distinguish between asbestos and non-asbestos fiber types. The PCM method currently recognized is referred to as NIOSH 7400. Physical Assessment - Evaluating ACM to determine its current condition and potential for future disturbance. Plenum - A space in a building, other than a duct or shaft, designed to transport air. Plenums are commonly the space between a suspended ceiling and the deck above. Poor - As used in the conteYt of material condition, material is obviously damaged with evidence of delamination or inadequate adhesion of the material to its substrate. )� Toni L. Tower ��� U� �% �� SHS Consullant Lic. 145698 10 of 56 � �'" � Exp. Dale: 11/24112 I �- � Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 Presumed ACM (PACM) - Presumed ACM means thermal system insulation and surfacing material found in buildings constructed no later than 1980, or any suspect ACM which has not been sampled but is instead designated as PACM by an Asbestos Inspector. The designation of a material as "PACM" may be rebutted pursuant to paragraph (k)(5) of 29 CRF 1926.1101. �- Public Building - The interior space of a building used or to be used for purposes that provide for public access or occupancy, including schools, hospitals, prisons, and similar buildings. The term includes any building during a period of vacancy, including the period during preparations prior to actual demolition. The term does not include: (A) an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health; (B) a federal building or installation (civilian or military); (C) a private residence; (D) an apartment building with no more than four dwelling units; (E) a manufacturing facility or building that is limited to workers and invited guests under controlled conditions ; (F) a building, facility, or any portion of which , prior to demolition, has been determined to be structurally unsound and in danger of imminent collapse by a professional engineer, registered architect, or a city, county, or state government official ; or (G) the portion of a building which has become structurally unsound due to demolition. Quality Assurance (QA) - A process designed to provide coniidence that the quality control program is being applied effectively. The process includes an auditing procedure designed to evaluate all known policies and procedures that affect the quality of results. Quality Control (QC) - A program comprised of the operational procedures to ensure that data are of known and acceptable precision and accuracy. Renovation - Additions to or alterations of a building by removal, repairing, and rebuilding. Response action - Any a method, including removal, encapsulation, closure, repair, operations and maintenance, that protects human health and the environment from friable ACBM. Responsible Person — The individual that is designated by the licensed Asbestos Abatement Contractor, Asbestos Operations and Maintenance Contractor, Asbestos laboratory, Asbestos Consultant Agency, or Asbestos Management Planner Agency, as responsible for their operations and compliance with TAHPR. Scanning Electron Microscopy (SE1Vn - Magnification 450x - 15,OOOx. Analytical technique used for air and bulk sample analysis. May use Energy Dispersive Spectroscopy (EDS) to positively identify chemical elements present in the sample. Method involves counting fibers (discriminating between fibers less than and greater than 5.0 microns length) in a known surface area of a filter or bulk material. Shower Room - A room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold or warm running water controllable at the tap and suitably arranged for complete showering during decontamination. Specif"ications - A written set of standards, procedures, and materials for the abatement of asbestos. Includes contract documents detailing the Scope of Work of the project and defning Contractor, Building Owner and Consultant responsibilities. Surfactant — A chemical wetting agent added to water to improve penetration. TDSHS — Texas Department of State Health Services / � j�\ /� Toni L. Tower i� U Y' I I U I� l�� �OSHS Consultant Lic. 145698 11 of 56 ��� v VL� f' Exp. Date: 11124112 I �_J Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement Transite - A trade name for asbestos cement wallboard or pipe. November 18, 2011 FWTHASB021 r� Transmission Electron Microscopy (TEM) - Analytical method for air and bulk sample analysis. Uses ; high magnification (typically 15,OOOX) to identify asbestos fibers. May utilize Eneigy Dispersive Spectroscopy (EDS) and/or Selected Area Electron Diffraction (SAED) to confirm asbestos and to identify t, the type of asbestos present. Required for AHERA Response Action final clearance air samples. Provides the most definitive analysis of asbestos currently available. Visible Emissions — Any particulate emissions that are visible without the aid of instruments. Wet Cleaning — The process of eliminating asbestos contamination from facility surfaces using cloths, mops, and other cleaning utensils, which have been dampened with amended water. Once used, these materials must be either decontaminated or disposed of as asbestos-contaminated waste. **xxEND OF SECTION**** � )� Toni L. Tower �'��; L� � U���� �DSHS Consullant Lic. 10-5698 12 of 56 Exp. Date: 11/24112 �J � �� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 ' 1.4 Scope of Worlc 1.4.1 This specification covers the abatement of asbestos hazards from building structures and �- � components listed in Section 1.4.2. It is the intent of the Contract Documents to show all of the work necessaty to complete the project. 1.4.1.1 Project schedule is as follows: � i 1'' Advertisefrreirt 12/12/10 Advertisement Dates �«� 2 Advertisemertt 12/19/10 ( , Pre-Proposal Wnik Tltrough 12/22/10 � � i Birl Opei�i�tb 01/13/II Pre-Construction Meeting To be Determined Project Notification Date To be Determined d Bond And/Or Insurance Submittal To be Determined 7 Project Start Date To be Determined Project Completion Date To be Determined 1.4.2 Asbestos Abatement (description of project) Base Bid: Abatement of the following ACM at the subject facility as per the Section 1.5 "Description of Work": 1 i � 1 Base Bid ACM to Remove Residence Building Material Description Friability Condition Asbestos Approximate Approsimate Content Location Quantity "Popcorn" ceiling Friable Good 2% Chrysotile - Ceilings throughout 4,500 ftZ texture and joint Texture/Joint residence compound on non- Compound ACM drywall "Smooth" ceiling Friable Good 2% Chrysotile - Closets in 60 ft2 texture and joint Texture/Joint classrooms A, C compound on non- Compound and I ACM drywall Brown Speckled Non- Good o Dining Room and 5,000 ftz 12" by 12" vinyl Friable 5/o Chrysotile - classrooms tile with black B�lack mastic throughout 5 /o Chrysotile - mastic Floor tile Beige 9" by 9" Non- Good 3% Chrysotile - Electrical and 250 ft2 vinyl tile with Friable Black mastic Mechanical Rooms black mastic / � � \ Toni L. Tower �� V�� �l � � �'"� 'q/SHS Consultant Lic. 10-5696 13 of 56 "' vU l—%I Exp. Date: 11124112 �_.� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 �' Light Beige 12" by Non- Good 3% Chrysotile - Kitchen Area 500 ft2 12" vinyl tile with Friable Black mastic black mastic Light Green 12" by Non- Good 10% Chrysotile - Room E 200 ftZ 12" vinyl tile with Friable Bottom layer yellow mastic 5% Chrysotile - overlying bottom Black mastic layer of floor tile with black mastic Note: There may be a layer of asbestos-containing y" by y" mch beige Yloor tile wrth associateci asbestos-containmg black mastic present beneath any or all 12" by 12" resilient floor . Shop Building Material Description Friability Condition Asbestos Approsimate Approsimate Content Location Quantity Wall System Friable Good 2% Chrysotile — Walls throughout 1,500 ftZ Texture/Joint building Compound TSI-pipe run Friable Good 50% Chrysotile - Boiler Room 2 l.f. Insulation It is the intent of the project to remove ACM that would otherwise be impacted by the planned demolition. It is possible that suspect ACM may be present within inaccessible areas. Should possible ACM be exposed during demolition activities, such materials should be sampled and evaluated. 1.4.2.1 All work must be performed following all current applicable Federal, State and Local Regulations. Where a conflict exists between these specifications and/or regulations, the more stringent shall apply. The Contractor and all Contractor employees are to be licensed as applicable by TDSHS. 1.4.2.2 All quantities are approximate and must be verified by the Contractor during the walk through. 1.4.2.2.1 Any discrepancy between specified location and quantity of ACM, and CONTRACTOR iield estimates must be veriiied in writing by ENERCON before the Contractor may submit a pay request for work performed. No change orders will be approved unless additional work is approved, in writing, by the Consultant and the Owner prior to the work being performed. 1.4.23 Contractor is responsible for the performance of air monitoring and/or providing a Negative E;cposure Assessment (NEA) to indicate that this respiratory protection will be adequate to meet all OSHA regulations for the type of work being performed. No downgrade of specified respiratory protection type will be permitted. Contractor is responsible for all site safety and for compliance with applicable OSHA regulations as it relates to the Contractor and the Contractor's employees and staff. Consultant's representative will not perform OSHA compliance air monitoring on behalf of the Contractor without a separate signed agreement to that effect. A copy of this agreement must be maintained at the site if such an agreement exists. 1.4.2.4 Pre-abatement baseline air sampling of the designated work area and the adjoining area is to be accomplished by the Project Manager/Air Monitor Technician. 1.4.2.5 The air monitoring scheme for this project shall be a minimum of the following: ����� �� ��--�� ;, Toni L. Tower i 1 (' 1 1?� �OSHS Consultant Lic. 10-5698 14 of 56 l� "�� f" Exp. Date: 11124112 � �_� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 ♦ Base Line Samples — There shall be a minimum of 3 samples taken of each work area prior to the disturbance of ACM. There is to be a minimum 1,250 liters taken at less than (16) liters per minute for each sample, these samples are to be archived for 60 days. ♦ Ambient Samples — The following areas are the minimum requirements for ambient air samples, or work samples. Adjacent area, one (1) per area, negative pressure machines, at least one (1) in the negative air exhaust (if there is more than one machine, rotate the samples each time a new cassette or sample is started at each machine), a minimum of one (1) per 10,000 square feet of containment or regulated work area, one (1) at the bag-out area, one (1) at the decon exit. These samples are to be analyzed at the end of each shift. ♦ Aggressive Clearance Samples — If the samples are to be analyzed by PCM there is to be a minimum of three (3) samples taken inside containment; one (1) field blank and one (1) box blank taken at approximately 1,250 liters per sample. If the samples are to be analyzed by TEM there are to be a minimum of five (5) samples taken inside, five (5) samples taken outside, one (1) boY blank one and two (2) field blanks. ♦ The Project Manager/Air Monitor Technician must remain on site while air samples are running unless access to the samplers can be controlled. ♦ All daily samples are to be taken using 25 mm cassettes with 0.8 HCE filter. These samples are to be analyzed according to the NIOSH 7400 protocol, counting rule A using a Phase Contrast Microscope. ♦ Each day there are to be a minimum of two (2) field blanks or 10% of the total samples taken and analyzed. ♦ Daily samples are to be analyzed at the end of each shift. Should the results of any outside samples be above the clearance level of 0.010 f/cc, work is to be suspended, and the Consultant notified. All corrective action is to be documented. Should it be discovered that there has been a breach in the containment and/or critical barriers, the area where the breach occurred is to be completely cleaned using a HEPA vacuum and/or wet wipe. These are the minimum air monitoring requirements. Should, during the course of the project, the Project Manager/Air Monitor Technician see the need for additional sampling they are to proceed and notify the Consultant for approval. 1.4.2.6 The Contractor is responsible for all scaffolding used on the project and for the training required by OSHA of all employees including the Project Manager/Air Monitor Technician on the project. This includes all rolling towers, platform scaffolding and all other ladders or scaffolding used on this project. All scaffolding must meet OSHA's minimum requirements and must be designed by an engineer. The approval of the engineer for all scaffolding must be given to the Consultant in writing. The consultant accepts no responsibility for the erection of any scaffolding, for the load limits of any scaffolding or for other safety issues involving any scaffolding or ladders used except those responsibilities to the Consultant's employees. 1.4.2.7 No pre-abatement work is to start until the Project Manager or consultant has approved all submittals required in these specifications. All submittals must be provided to the consultant or the Project Manager/Air Monitor Technician no later than the pre-start meeting. 1.4.3 Pre-Abatement 1.4.3.1 The representative for the facility must be notified as to the work schedule and warning signs as required in Section 3.1.1.1 of these specifications are to be posted. 1.4.3.2 Contractor is responsible for the securing of the work area as specified in Section 1.8. The perimeter of the regulated work area must have barricades installed. )� ,`r Toni L. Tower /� �U� � /U �� ��(j' OSHSConsullantLic. 1Q5698 I S of 56 "`-' � Exp. Date: 11/24/12 1_ 1 Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 1.4.3.3 Pre-clean the work area using HEPA vacuum and/or wet wipe methods. (B) Charges for the Project Manager will be charged back to the Contractor by the Owner should the project not be completed on the date specified in the contract. ,�j l\ /\r) Toni L. Tower /U' U� � U/� ( �� iOSHS Consultant Lic. 1a5698 16 of 56 �� Vv Y Exp. Date: 11124112 1.4.3.4 Remove any furniture, fixtures and equipment fi•om the work area and store as directed by the Owner. After all work is complete, all removed items are to be replaced in their original locations. 1.4.3.5 1.4.3.6 Install critical barriers and seal all electrical outlets, vents, lights, other openings and objects that cannot be removed from the work area. Set up containment as required in Section 3.1.1. 1.4.3.7 Set up worker decontamination enclosure system as required in Section 3.1.2. 1.4.3.8 Establish and mark emergency exits as required in Section 3.1.3.5. 1.4.3.9 Install pressure differential ventilation equipment to provide an air change in the work area every 15 minutes. This ventilation system is to remain in operation until final air clearance is received. 1.4.3.10 A strip recorder will be used to measure the negative air pressure within containment and a complete copy of this is to be provided to the Consultant each day. A negative pressure of 0.02 inches H20 or greater is to be maintained at all times. 1.4.4 Abatement Activities 1.4.4.1 All HVAC and any other ventilation must be shut down and disconnected and locked-out and tagged-out when possible. 1.4.4.2 All electrical with in the containment area must be shut off and locked out and tagged out when feasible. It is the responsibility of the Contractor to make sure that there is no electrical power that is not on a ground fault breaker with in the containment area. Contractor is advised that some of the existing communication and electrical power in the Work Areas may not be disconnected. The Contractor is responsible for isolating and protecting all electrical items in the Work Area to protect workers. As a precaution, the Contractor shall treat all electrical components as energized. 1.4.4.3 Fire sprinkler devices shall not be disconnected nor in any other way have their normal operations altered with out the written permission of both the Owner and the local Fire Marshal. 1.4.4.4 Removal of ACM (ACM) must be pre-wet with amended water. 1.4.4.5 Contaminated material is to be bagged in small sections as it is removed. No build up of debris is to occur on the floor. Bags must be washed and placed in a second bag when bagging out. 1.4.4.6 Work time shall be 7:00 A.M. to 5:00 P.M. Monday through Friday, unless prior arrangements are made with the Owner and the Consultant. The Contractor shall work a minimum of an eight hour work shifts. A shift must not exceed 8 hours unless previous arrangement has been made and approved by the Consultant's Representative. 1.4.4.7 Contractor is to furnish the Project Manager with a work schedule showing the start time and stop time each day and projected completion date. 1.4.4.8 The Contractor will be back-charged by the Owner for the Project Manager's time and expenses plus 10% when the Contractor fails to work within these scheduled work hours due to late arrivals or no-shows. 1.4.49 (A) The Contractor will be back-charged by the Owner for the Project Manager's time and expenses plus 10% for failure to have on-site his competent person, as required by OSHA and TAHPR, or failure to have adequate personnel or equipment. � �; Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 NOTE: It is not the intent of the Owner to penalize the Contractor for unavoidable acts of God, but to confirm the intentions of the Owner's contract with the Contractor. It is the intent to ensure the Contractor will maintain an adequate work force, equipment and materials to complete this project in a timely and adequate manner as called for by the Contract and these specifications. Failure to meet the dates may be cause for implementation of the Liquidated Damage Clause of the contract. 1.4.4.10 Final inspection according to specifications. See Section 3.7.8. 1.4.4.11 The Project Manager/Air Monitoring Technician (PM/AMT) will take final air samples. In the case of AHERA Response Action abatement, samples shall be analyzed by TEM. In the case of abatement that is not categorized as an AHERA Response Action, samples shall be analyzed by PCM. Contractor shall re-clean and continue to clean at Contractor's expense, areas that do not comply with the specified final clearance level. Contractor shall bear cost of all follow-up tests necessitated by the failure of the air tests to meet the specified final clearance level. Contractor will be charged for cost of required follow-up testing. 1.4.4.12 Disposal and transportation as per Section 3.10 of this design specification. 1.4.4.13 Complete documentation as per EPA requirements. 1.4.4.14 The required minimum work force for this project is to be a sufficient number of licensed asbestos supervisors and workers to complete this project as scheduled. The Supervisor must be present at all times and must go into the containment at least 25% of the time. All Contractor employees on this project must have a current state asbestos license when applicable in hand as well as current certification and physical. No pending application for workers or supervisors will be acceptable. All workers must have current certification as required by AHERA, and a current State license. x**xEND OF SECTIONxX** �"�� � � � Toni L. Tower 'l SHS Consultant Lic. 10.5698 17 of 56 v � Exp. Date: 11124/12 �� '_.. Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 1.5 Description of Work November 18, 2011 FWTHASB021 1.5.1 The work specified herein shall be the removal and disposal of ACM by competent persons; trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos- containing and asbestos-contaminated materials and the subsequent cleaning of contaminated areas, who comply with all applicable Federal, State, and Local regulations and are capable of, and willing to perform the work of this Contract. Asbestos abatement is to be performed for the City of Fort Worth, Environmental Services Division located at 1000 Throckmorton Street in Fort Worth, Texas. The subject facility is scheduled for demolition that would disturb the specified asbestos-containing CMU pain/texture. The specified ACM must be removed before this demolition takes place as per State and Federal regulation. Contractor is advised that the intent of the project is to remove those ACM that would otherwise be impacted by scheduled demolition. It is possible that unidentified ACM might be present at the subject facility within inaccessible areas. Should suspect ACM be exposed during demolition activities, these materials should be sampled and evaluated to determine the presence of asbestos. The work will consist of the following: BASE BID: A. The Contractor is to remove asbestos-containing materials as specified in Section 1.4.2 of this document under full negative air pressure containment protocol utilizing wet methods and wet decontamination facilities. After installation of critical barriers, the Contractor is to install a floor and ceiling consisting of two layers of six-(6) mil polyethylene sheeting as applicable for the asbestos-containing material to be removed. 1.5.2 The Contractor shall supply all labor, materials, services, insurance, permits and equipment necessary to carry out the work in accordance with all applicable Federal, State and Local regulations, and these specifications. The Contractor shall NOT be responsible for the TDSHS notiiication fee. This fee shall be the responsibility of the Building Owner. 1.5.3 The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infi•ingement of any patent rights and shall save the Owner harmless from loss on account hereof, except that the Owner shall be responsible for all such loss when a particular design process on the product of a particular manufacture or manufacturer is specified, but if the Contractor has reason to believe the design, process or product speciiied is an infringement of a patent the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 1.5.4 The Contractor is responsible for the grounds surrounding the buildings as well as the building itself during the contracted work. 1.5.5 If the Owner permits the Contractor to use any of the Owner's equipment, tools or facilities, such use will be gratuitous and the Contractor shall release the Owner from any responsibility arising from claims for personal injuries, including death, arising out of the use of such equipment, tools, or facilities irrespective of the condition thereof or any negligence on the part of the Owner in permitting their use. xXX*END OF SECTIONxx*x � �/`r/ / Toni L. Tower � � I U DSHS Consultant Lic. 10-5698 18 of 56 1 ��' � Exp. Date: 11124/12 1_i .. 1' Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 1.6 1.6.1 Applicable Standards and Guidelines General Requirements November 18, 2011 FWTHASB021 1.6.1.1 All work under this contract shall be done in strict accordance with all applicable Federal, State and Local regulations, standards and codes governing asbestos abatement and other trade work done in conjunction with the abatement. 1.6.1.2 The most current edition of any relevant regulation, standard, document or code shall be in effect. Where conflict among the requirements or with these speciiications exists the most stringent requirements shall be utilized. 1.6.1.3 Copies of all standards, regulations, codes. Material Safety Data Sheets (MSDS) and other applicable documents, including this specification and all those listed in Section 1.6.2 shall be available at the work site at all times during the work. 1.6.2 1.6.2.1 Speci�c Requirements Occupational Safety and Health Administration (OSHA) 1.6.2.2 Title 29 Code of Federal Regulations, Section 1910,1001-General Industry Standard for Asbestos.1926.1101, titled, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, Actinolite", October 11, 1994. 1.6.23 1.6.2.4 1.6.2.5 1.6.2.6 1.6.2.7 1.6.2.8 Title 29 Code of Federal Regulation, Section 1910, 134 General Industry Standard for Respiratary Protection. Title 29 Code of Federal Regulations, Section 1926 Construction Industry. Title 29 Code of Federal Regulations; Section 1910.2 Access to Employee E.cposure and Medical Records. Title 29 Code of Federal Regulations, Section 1910.1200 Hazard Communication. Environmental Protection Agency (EPA) Title 40 Code of Federal Regulations, Part 61, Subparts A and M(Revised Subpart B)-National Emission Standard for Asbestos. 1.6.29 Title 40 CFR Part 61, Subpart G, 763.120-763.126 and Appendices A, C, D, and E titled Asbestos Abatement Projects: Worker Protection Rules" February 25, 1987. 1.6.2.10 Title 40 CFR Part 763 Subpart E, Appendix B, titled, Work Practices and Engineering Controls for Small Scale, Short Duration Operations Maintenance and Repair (O&M) Activities Involving ACM", July 1,1992. 1.6.2.11 Title 40 CFR Part 763, Subpart E, Appendix D, titled, "Transport and Disposal of Asbestos Waste" July 1, 1993. 1.6.2.12 Title 40 CFR Part 763, Subpart F, Appendi:c A, Section 1, Titled," Polarized Light Microscopy", July 1, 1992. 1.6.2.13 Title 40 CFR Part 763, Subpart E, Appendix A, titled, "Transmission Electron Microscopy Analytic Methods", July 1 1992. 1.6.2.14 Title 49 CFR Chapter 1, Part 172, Appendix A, Subchapter C, October 1, 1992, and Title 49 CFR Chapter 1, Part 172, Appendix A, Subpart H, October 1, 1992. � )))n Toni L. Tower � � I ( � ��� /OSHS Consultant Lic. 1a5698 19 of 56 � ��l Y Exp. Date: 11124/12 �� Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 The above regulations are required to be on the job site as required by the Texas Asbestos Health Protection Rules (295.33). ***xEND OF SECTION***X �� �� Toni L Tower DSHS Consullant Lic. 10-5698 20 of Sfi ��- �� Exp. Date: 11124112 �1 Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 1.7 Submittals and Notices 1.7.1 Contractor shall, prior to commencement of worlc: 1.7.1.1 All projects regardless of size must have a notification sent to the TDSHS (11) eleven working days prior to the start of the project. It is the responsibility of the abatement Contractor to send this notification. The building owner is responsible for the permit fee that is required by the TDSHS unless there is a prior agreement with the owner. Provide Building Owner and Consultant with a copy of the notification, and any subsequent amendments, within 24-hours of submission to TDSHS. 1.7.1.2 Submit proof satisfactory to the Building Owner that required permits, license, site location and arrangements for transport and disposal of asbestos-containing waste materials have been made. Obtain and submit a copy of handling procedures and list of protective equipment utilized for asbestos disposal at the landfill, signed by the Landfill Owner (required for all abatement projects). 1.7.1.3 Submit documentation satisfactory to the Building Owner that the Contractor's employees, including foreman, supervisors and any other company personnel or agents who may be exposed to airborne asbestos fibers or who may be responsible for any aspects of abatement activities, have received adequate training that includes, at a minimum, information in Part 4, Section 4.1 of this document. 1.7.1.4 Submit documentation from a physician that all employees or agents who may be exposed to airborne asbestos in excess of background level have been provided with an opportunity to be medically monitored to determine whether they are physically capable of working while wearing the respirator required without suffering adverse health effects. In addition, document that personnel have received medical monitoring as required in OSHA 29 CFR 1910.1001. The Contractor must be aware of and provide information to the examining physician about unusual conditions in the work place environment (e.g. high temperatures, humidity, chemical contaminant) that may impact on the employee's abiliTy to perform work activities. 1.7.1.5 Contractor should, after inspection of job site, submit in writing to the Owner any existing damage found. 1.7.1.6 Submit manufacturer's certification that the HEPA vacuum, negative pressure ventilation units and other local exhaust ventilation equipment conform to ANSI 29, 2-79. 1.7.1.7 Document NIOSH approvals for all respiratory protective devices utilized on the site. Include manufacturer certification of HEPA filtration capabilities for all cartridges and filters. 1.7.1.8 Submit documentation of respirator fit testing for all Contractor employees and agents who must enter the work area. This fit testing shall be in accordance with qualitative procedures as detailed in the OSHA Standard 29 CFR 1910.1025 Appendi:c D Qualitative Fit Text Protocol or be quantitative in nature. 1.7.1.9 Submit copies of all MSDS for all products that are to be used on the project. Copies of these sheets must be kept in a notebook at the job site. 1.7.1.10 Submit documentation of your company's Hazard Communication Program. 1.7.2 During Abatement Activities: 1.7.2.1 Submit copies of all transport manifests, trip tickets and disposal receipts for all asbestos waste materials removed from the work area during the abatement process. 1.7.2.2 Submit daily copies of work site entry logbooks with information on worker and visitor access. Toni L. Tower �� ���" �� � � �qSHS Consuitant Lic. 10-5698 21 of 56 Exp. Date: 11/24/12 L Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 20ll FWTHASB021 1.7.2.3 Submit logs documenting filter changes on respirators, HEPA vacuums, negative pressure ventilation units, and other engineering controls. 1.7.2.4 Submit results of materials testing conducted during abatement activities (e.g. testing of encapsulant for depth of penetration, testing of substitute materials for adherence to encapsulated surfaces). 1.7.2.5 Post in the clean room area of the worker decontamination enclosure a list containing the names, addresses, and telephone numbers of the Contractor, the Building Owner, the Asbestos Project Officer, The General Superintendent, the Air Sampling Professionals, the Testing laboratory and any other personnel who may be required to assist during abatement activities (e.g. Safety Officer, Building Maintenance Supervisor, Energy Conservation Officer). 1.7.2.6 The Contractor shall certify in writing that no materials used in the work contain lead or asbestos materials in them in excess of amounts allowed by Local/State standards, laws, codes, rules and regulations; the Federal Environmental Protection Agency (EPA) standards and/or the Federal Occupational Safety and Health Administration (OSHA) standards, whichever is most restrictive. The Contractor shall provide this written certification as part of his submittals under Section 1.7 of these specifications. 1.7.3 Owner shall, prior to commencement of worlc: 1.7.3.1 Notify occupants of work areas that may be disrupted by the abatement of project dates and requirements for relocation. Arrangements must be made prior to start, for relocation of contents, furnishings, equipment and personal possessions to avoid unauthorized access into the work area. 1.7.3.2 Document that Owner's employees who will be required to enter the work area during abatement have received training equal to that detailed in Part 4, Section 4.1. (This training may be provided by the Contractor's or the Owner's training consultant at the Owner's discretion). 1.7.4 1.7.4.1 Owner shall, during abatement Submit to the Contractor, results of bulk material analysis and air sampling data collected during the course of the abatement. 1.7.4.2 The Contractor will be responsible for personal air monitoring as required by OSHA for his employees. He may, under separate contract, negotiate with the Consultant to provide personnel air monitoring, or hire a third party Air Monitoring Technician who is qualified under State and Federal regulation to provide OSHA air monitoring. If OSHA monitoring is to be supplied under a third-party agreement, a copy of the agreement must be maintained at the site at all times during the work. 1.7.4.3 The Owner will be responsible for furnishing an Asbestos Consultant. The Consultant may assign some on-site duties to a Project Manager/Air Monitoring Professional. This Project Manager/Air Monitor Technician will be in charge of all air monitoring as required by the Owner. The Project Manager will have the authority to stop work at any time due to failure of the Contractor to follow these specifications or regulations, or for failure to provide safe working conditions. The Project Manager/Air Monitor Technician shall be responsible for the final visual inspection and for the collection and analysis of the final clearance air samples. **X*END OF SECTION*xxx � )� Toni L. Tower ��,j ���� U� � `J�(` SHS Consultant Lic 1Q5698 22 of 56 � "" �—' � Exp. Date: 11124/12 �J Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 1.8 Site Security November 18, 2011 FWTHASB021 1.8.1 The work area is to be restricted to authorized, trained, and protected personnel only. These may �� include the Contractor's employees, employees of Subcontractors, Owner employees and representatives, State and Local inspectors and any other designated individuals. A list of authorized personnel shall be established prior to job start and posted in the clean room of the worker decontamination facility. 1.8.2 The Contractor shall report entry into the work at•ea by unautharized individuals immediately to the Building Owner and the Project Manager. 1.8.3 A Logbook shall be maintained in the clean-room area of the worker decontamination system. Anyone who enters the work area must record name, affiliation, time in and time out for each entry. 1.8.4 Access to the work area shall be through a single worker decontamination system located at (designated location at the work site). All other means of access (Doors, windows, hallways, etc.) shall be blocked or locked so as to prevent entry to or exit fi�om the work area. The only exceptions for this rule are the waste pass-out airlock that shall be sealed eYcept during the removal of containerized asbestos waste from the work area, and emergency e;cits in the case of fire or accident. Emergency e:cits shall NOT be locked from the inside; however, they shall be sealed with polyethylene sheeting and tape until needed. Emergency exits shall have a sign and be clearly marked. 1.8.5 Contractor should have control of site security during abatement operations, in order to protect work efforts and equipment. 1.8.6 Contractor will have Owner's assistance in notifying building occupants of impending activity and enforcement of restricted access by Owner's employees. **XxEND OF SECTION**xx �i l. � )� Toni L. Tower �'�,- L� � U�� �OSHS Consultant Lic. 145698 23 of 56 Exp. Date: 11124/72 Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 1.9 1.9.1 Emergency Planning November 18, 2011 FWTHASB021 Emergency planning shall be developed prior to abatement initiation and agreed to by Contractor and Owner. 1.9.2 Emergency procedures shall be in written form and prominently posted in the clean change area and equipment room of the worker decontamination area. Everyone, prior to entering the work area, must read and sign these procedures to acknowledge receipt and understanding of work site layout, location of emergency eYits and emergency procedures. 1.9.3 Emergency planning shall include written notification for police, fire and emergency medical personnel of planned abatement activities, work schedule and layout of work area, particularly that which may affect response capabilities. 1.9.4 Emergency planning shall include considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, scaffolding, eye protection, confined spaces and heat related injury. Written procedures shall be developed and employee training in procedures shall be provided. The Contractor shall conduct daily safety meetings. 1.9.5 Employees shall be trained in evacuation procedures in the event of workplace emergencies. 1.9.6 For non life-threatening situations, employees injured or otherwise incapacitated shall decontaminate following normal procedures with assistance from fellow workers if necessary, before exiting the work place to obtain proper medical treatment. 1.9.7 For life-threatening injury or illness, worker decontamination shall take least priority after measures to stabilize the injured worker, remove him from the work place and secure proper medical treatment. 1.9.8 Telephone numbers of all emergency response personnel shall be prominently posted in the clean change area and equipment room, along with the location of the nearest telephone. 1.9.9 There must be a telephone available for emergency use at all times. If the owner does not have one on site the Contractor must provide one at his expense. x***END OF SECTIONxxxx LI Q ��\`� �� � Toni L. Tower i 1 I ��(�QSHS Consultant Lic. 10-5698 24 of 56 �� `� � ► Exp. Dale: 11/24112 91 fl 1. Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 1.10 Pre-Start Meeting November 18, 2011 FWTHASB021 1.10.1 The successful Person submitting a Bid shall attend a pre-start job meeting. Attending this meeting will be representatives of the Owner and the Owner's agents along with testing/monitoring personnel (e.g. Asbestos Project Manager, Air sampling Professional) who will actually participate in the Owner's testing/monitoring program. 1.10.2 The Contractor and supervisory personnel who will provide on-site direction of the abatement activities must attend. 1.10.3 At this meeting the Contractor shall provide all submittals as required in Section 1.7.1 Failure to do this will result in the Contract being awarded to the neYt qualified Person submitting a Bid. In addition, he shall be prepared to provide detailed information concerning: • Preparation of work area. . Personnel protective equipment including respiratory protection and protective clothing. Employees who will participate in the project, including delineation of experience, training, and assigned responsibilities during the project. Decontamination procedures for personnel, work area and equipment. Abatement methods and procedures to be utilized. OSHA Required air monitoring procedures. Procedures for handling and disposing of waste materials. • Procedures for final decontamination and cleanup. • A sequence of work and performance schedule. • Procedures for dealing with heat stress. • Emergency procedures. 1.10.4 Items that MUST be presented at the pre-start meeting are: • Performance and Payment Bond, if required, • Insurance Certifications as required in Section 1.1, • Asbestos workers certifications, physicals and required State license for those workers to work on this project only, • Logs documenting filter changes in respirators, HEPA vacuum and negative pressure ventilation units as required in Section 1.7, and work schedule. Failure to have this material ready at the pre-start meeting could result in the project being awarded to the next person who submitted a Bid. 1.10.5 The Contractor shall submit the name of the Project Supervisor, (THIS SUPERVISOR CANNOT BE REPLACED WITHOUT PRIOR NOTIFICATION AND APPROVAL OF THE PROJECT MANAGER). The Project Supervisor is to be present at all times and spend 25% of his time in containment. He is to see that there is someone to maintain the containment at all times. ****END OF SECTIONxXx* /�r)p`�,� Toni L. Tower �� � l CJ v v l�' iOSHS Consullant Lic. 10-5698 25 of 56 l Y Exp. Date: 11124/12 �J Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 1.11 Asbestos Survey Results Consultant has prepared these specifications for the removal of the aforementioned materials and no others. Should additional materials be disturbed in the process of abatement, or subsequent demolition, the original asbestos survey must first be consulted to confirm that all building materials impacted by the abatement, renovation, or demolition have been sampled and that all ACM have been properly abated. A copy of the survey is to be maintained at the site by the Project Manager. xxxxEND OF SECTION***X �,}r)))n Toni L. Tower I I U/ � 1 , �� �OSHS Consultant Lic. 10-5698 26 of 56 �-�� �� �� Y Exp. Date: 11124/12 i_i Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement PART 2: MATERIALS AND EQUIPMENT 2.1 Materials � � 2.1.1 r , 2.1.1.1 General (All Abatement Projects) November 18, 2011 FWTHASB021 Deliver all materials in the original packages, containers or bundles bearing the name of the manufacturer and the brand name. 2.1.1.2 Store all materials subject to damage off the ground away from wet or damp surfaces and under cover sufficient enough to prevent damage or contamination. Replacement materials shall be stared outside of the work area until abatement is completed. 2.1.1.3 Damaged, deteriorating or previously used materials shall not be used and shall be removed from the work site and disposed of properly. 2.1.1.4 Polyethylene sheeting for walls and stationary objects shall be a minimum of 4-mil thick. For floors and all other uses sheeting of at least 6-mil thickness shall be used in widths selected to minimize the fi•equency of joints. 2.1.1.5 Method of attaching polyethylene sheeting shall be agreed upon in advance by the Contractor and Building Owner and selected to minimize damage to equipment and surfaces. Method of attachment may include any combination of duct tape or other waterproof tape, furring strips, spray glue, staples, nails, screws or other effective procedures capable of sealing polyethylene to dissimilar iinished or unfinished surfaces under both wet and dry conditions (including the use of amended water). 2.1.1.6 2.1.1.7 2.1.1.8 2.1.1.9 Polyethylene sheeting utilized for worker decontamination enclosure shall be opaque white or black in color. Sufficient protection should be placed under scaffold legs ladders or other equipment to prevent damage to any building components, equipment or furnishings. Disposal bags shall be of 6-mil polyethylene, pre- printed with labels as required by EPA regulation 40 CFR 61. 152 (b) (i) (iv) or OSHA requirement 29 CFR 1910.1001 (g) (2) (ii). Disposal drums shall be metal or fiberboard with locking ring tops. 2.1.1.10 Stick-on labels as per EPA or OSHA requirements (See Section 2.1.1.8) for disposal drums, bags or wrapped ACM. 2.1.1.11 Warning signs and generator identification labels as required by TAHPR and OSHA. 2.1.2 Removal 2.1.2.1 Surfactant (wetting agent) shall be a 50/50 mi;cture of polyoxyethlyene ether and polyoYyethylene ester, or equivalent, mixed in a proportion of 1 fluid ounce to 5 gallons of water or as specified by manufacturer. (An equivalent surfactant shall be understood to mean a material with a surface tension of 29 dynes/cm as tested in its properly mixed concentration using ASTM method D1331- 56- "Surface and Interfacial Tension of Solutions of Surface Active Agents"). 2.1.2.2 After removal a lock down spi•ay must be used to contain any fiber remaining imbedded in the substrate. Care must be taken to cover the entire work area completely. 2.1.2.3 Additional materials as necessary for removal, as specified in Section 2.1.2. xxxxEND OF SECTIONxXxx � )� y�,� Toni L. Tower � �j�, � � U�� � / � �qSHS Consullant Lic. ta5698 27 of 56 L� �— Exp. Date: 11124112 �i Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 2.2 Equipment 2.2.1 General 2.2.1.1 A sufficient quantity of negative pressure ventilation units equipped with HEPA iiltration and operated in accordance with ANSI 29.2.79 (local exhaust ventilation requirements) and EPA guidance document EPA 560/5-83-002 Guidance for controlling Friable ACM in Building Appendix F: Recommended Specifications and Operating Procedures for the Use of Negative Pressure Systems for Asbestos Abatement shall be utilized so as to provide a minimum of one work place AIR CHANGE EVERY 15 MINUTES. A pressure differential of 0.02" H20 as measured with a recording manometer. ♦ To calculate total air flow requirement: Total ft.3 /min=Vo1. of work area (in ft.3) ♦ To calculate the number of units needed for the abatement: Number of units needed= (total cu. ft./min.) (Capacity of unit (use 80% of rated capacity) in cu. ft./min.). If air-supplied respirators are utilized, estimate the volume of supplied air and add to work place air volume when calculating ventilation requirements. For small enclosures and glove bags, a HEPA filtered vacuum system may be utilized to provide negative air pressure. 2.2.1.2 Powered air purifying respirators (PAPRs) equipped with HEPA filters and full face pieces with a higher NIOSH assigned protection factor shall be the minimum respiratory requirement for NPE containment removal activities. A sufficient supply of charged replacement batteries and filters and a flow test meter shall be available in the clean change area for use with powered air purifying respirators. Half Mask respirators with dual high-efficiency (HEPA) filters may be utilized during exterior window removal and NPE work area preparation activities if approved by the Consultant (See Section 3.4.1.2.). Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear full face piece respirators. Respirators shall be pt•ovided that have been tested and approved by the National Institute of Occupational Safety and Health fbr use in asbestos contaminated atmospheres with air volumes and pressures to accommodate respirator manufacturer's specifications. In the event that current or historical Time Weighted Averages (TWAs) for similar projects, personnel, and methods are available to demonstrate that the PEL will not be e:cceeded, the Contractor may permit downgrading to a lower level of protection at his discretion. Contractor is responsible for all site safety and for compliance with applicable OSHA regulations as it relates to the Contractor and the Contractor's employees and staff. 2.2.1.3 Full body disposable protective clothing, including head, body and foot covering (unless using footwear as described in Section 2.2.1.5) consisting of material impenetrable by asbestos fibers (Tyvek R or equivalent) shall be provided to all workers and authorized visitots in sizes adequate to accommodate movement without tearing. 2.2.1.4 Additional safeTy equipment (e.g. hard hats, meeting the requirements of ANSI Standard Z89.1- 1981, eye protection, meeting the requirements of ANSI Standard Z87.2-1979, safety shoes, meeting the requirement of ANSI Standard Z41.1-1067, disposable PVC gloves), harnesses and lanyards as necessary shall be provided to all workers and authorized visitois. 2.2.1.5 Non-Skid footwear shall be provided to all abatement workers and authorized visitors. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. � ��1t ) Toni L. Tower �� U U� � SHS Consultant Lic. 10.5698 28 of 56 / � �' � Exp. Date: 11/24112 �' T- Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement � I 2.2.1.6 2.2.2 2.2.2.1 2.2.2.2 �� 2.2.2.3 2.2.2.4 2.2.2.5 2.2.3 2.2.3.1 E�I � l_l ll , November 18, 2011 FWTHASB021 A sufficient supply of disposable mops, rags and sponges for work area decontamination shall be available. Removal A sufficient supply of scaffolds, ladders, lifts, and hand tools (e.g. scraper, wire cutters, btushes, utility knives, wire saws, etc.) shall be provided as needed. Sprayers with pumps capable of providing 500 pounds per square inch (psi) at the nozzle tip at a flow rate of 2 gallons per minute for spraying amended water. Rubber dustpans and rubber squeegees shall be provided for cleanup. Brushes utilized for removing loose ACM shall have nylon or fiber bristles, not metal. A sufficient supply of HEPA filtered vacuum systems shall be available during cleanup. Enclosures Hand tools equipped with HEPA filtered local e:chaust ventilation shall be utilized during the installation of enclosures and supports if there is any need to disturb ACM during this process. *xx*END OF SECTIONXXxx / � i /� Toni L. Tower ��,' �� � U�f �% SHS Consullant Lic. 10.5698 29 of 56 v�--/' � Exp. Date: 11124/12 i i_ � Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 2.3 Substitutions 2.3.1 Approval Required 23.1.1 The Contract is based on the materials, equipment and methods described in the Contract Documents. L 2.3.1.2 The Building Owner will consider Bids for substitutions of materials, equipment and methods only when such Bids are accompanied by full and complete technical data and all other information required by the Owner to evaluate the proposed substitution. Any substitution request is to be submitted through the Consultant's Project Manager for approval. 23.1.3 Where the phrase "or equal" or "or equal as approved by the Owner" occurs in the Contract Document, do not assume that materials, equipment or methods will be approved by the Owner unless the item has been specifically approved for the work by the Owner and Consultant. 2.3.1.4 The decision of the Owner or his representative shall be final. Do not substitute materials, equipment or methods unless the Building Owner and Consultant have specifically approved such substitution for this work. ****END OF SECTIONX*** �,r Toni L. Tower �'�; L� U DSHS Consultant Lic. 1 a5698 30 of 56 ���'� EXp. �a�e: �v2an2 j__i Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 PART 3: EXECUTION �- � 3.1 Preparation 31.1 Work Area 3.1.1.1 Post signs meeting the specifications of TAHPR and OSHA in English and Spanish at any location and approaches to a location where airborne concentrations of asbestos may exceed ambient background levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid eYposure. Additional signs may need to be posted following construction of work place enclosure barriers. 3.1.1.2 Ensure safe installation (including ground faulting) of temporary power sources and equipment by compliance with all applicable electrical code requirements and OSHA requirements for temporary electrical systems. Contractor shall connect to existing Owner system using only licensed tradesmen and in accordance with all State and local regulations and building codes. The Owner shall pay all cost for electricity, unless otherwise specified. If Owners electrical source is inadequate, the Contractor shall provide alternate electrical power at the Contractor's eYpense. 3.1.1.3 All electricity must be disconnected or shut down and locked out and tagged out prior to any work. The Contractor is responsible for isolating and protecting all electrical items in the Work Area to protect workers. As a precaution, the Contractor shall treat all electrical components as energized 3.1.1.4 Shut down, lock out, and tag-out all heating, ventilation and air conditioning system (HVAC) components that are in, supply or pass through the work area. This may be done during the pre- cleaning phase of operations before the ductwork is sealed off or during the final cleaning phase prior to re-engagement of the system. Where friable asbestos is encountered the HVAC filters must be disposed of as contaminated material. Appropriate equipment and control measures shall be utilized to prevent contamination of building spaces during this operation. Adequate cleaning of ductwork may sometimes be accomplished by drawing high volumes of air through the system using the HEPA filtered negative pressure ventilation units). Investigate the work area and agree on pre-abatement condition with the Building Owner. Seal all intakes and exhaust vents in the work area with tape and 6-mil polyethylene. Also, seal any seams in system components that pass through the work area. Remove all HVAC filters and place in labeled 6-mil polyethylene bags for staging and eventual disposal as asbestos-contaminated waste. 3.1.1.5 The Contractor shall provide sanitary facilities for abatement personnel outside of the enclosed work area and maintain them in a clean and sanitary condition throughout the project. If facilities are not available for use from the Owner, the Contractor shall provide temporary facilities at the Contractors expense. These facilities must meet OSHA's minimum standard. 3.1.1.6 The Owner will provide water for construction purposes. Contractor shall connect to eYisting Owner system using only licensed tradesmen and in accordance with all State and local regulations and building codes. 3.1.1.7 Pre-clean all movable objects within the work area using a HEPA ftltered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects shall be removed from the work area and carefully stored in an uncontaminated location. Carpeting, drapes, clothing, upholstered furniture and other fabric items may be disposed of as asbestos contaminated waste or cleaned as asbestos contaminated items utilizing HEPA vacuum techniques and off- premises steam cleaning. Since adequate cleaning of severely contaminated fabric is difficult, the Building Owner or � � Toni L. Tower )� J �: i� ' U� � % /� f ��' +DSHS Consultant Lic. 10-5698 31 of 56 ��� U V� � Y Exp. Date: 11124/12 �� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 Consultant must carefully consider whether this option is appropriate. After abatement all items are to be replaced in their original location. 3.1.1.8 Pre-clean all fixed objects in the work area using HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where access may be difficult. After pre-cleaning, enclose fixed objects in 4-mil polyethylene sheeting and seal securely in place with tape. 3.1.1.9 Pre-clean all surfaces in the work area using HEPA filtered vacuums and/or wet cleaning methods as appropriate. Do not use any methods that would raise dust such as dry sweeping or vacuuming with equipment not equipped with HEPA filters. Do not disturb ACM during the pre-cleaning phase. 3.1.1.10 Seal off all windows, doorways, elevator opening, corridor entrances, drains, ducts, grills, grates, diffusers skylights and any other openings between the work area and uncontaminated areas outside of the work area (including the outside of the building, tunnels and crawl spaces) with 6- mil polyethylene sheeting and tape (see Section 3.1.4-Isolation work area fi�om occupied areas). 3.1.1.11 Cover floors in the work area with polyethylene as follows: 3.1.1.12 Floor shall be covered with two layers of 6-mil (minimum) sheeting. Additional layers of sheeting may be utilized at the Contractor's option as drop cloths to aid in cleanup of bulk materials. 3.1.1.13 Plastic shall be sized to minimize seams. If the floor area necessitates seams, those on successive layers of sheeting shall be staggered to reduce the potential for water to penetrate to the flooring material. Do NOT locate any seams at wall/floor joints. 3.1.1.14 Floor sheeting shall extend at least 12" up the sidewalls of the work area. Sheeting shall be installed in a fashion to prevent slippage between successive layers of material. (Vinyl sheeting may be used for improved traction on floors). 3.1.1.15 Ceilings shall be covered with a minimum of two layers of 6-mil polyethylene sheeting. 3.1.1.14 Plastic shall be sized to minimize seams. Seams shall be staggered and separated by a distance of at least 18 inches. 3.1.1.15 Ceiling sheeting shall be secured adequately to prevent it from falling away from the ceiling. This may require additional support attachment when negative pressure ventilation systems are utilized. (Note: See Section 2.1.1.5.) 3.1.1.16 Lower utilities as necessary and re-install in a manner that permits proper utilization and does not disturb the integrity of the enclosure. Utility maintenance should not require the enclosure to be opened or disturbed. (If it does, an alternative abatement strategy is indicated.) 3.1.2 Worker Decontamination Enclosure Systems 3.1.2.1 Worker decontamination enclosure systems shall be provided at all locations where workers will enter or exit the work area. One system at a single location for each contained work area is preferred. These systems may consist of existing rooms outside of the work area, if the layout is appropriate, that can be enclosed in plastic sheeting and are accessible from the work area. When this situation does not exist, enclosure systems may be constructed out of inetal, wood or plastic support as appropriate. 3.1.2.2 Plans for construction, including materials and layout, shall be submitted as shop drawings and shall be approved, in writing, by the Building Owner prior to work initiation. Worker decontamination enclosure systems constructed at the work site shall utilize 6-mil opaque black or white polyethylene sheeting or other acceptable materials for privacy. � )))j� Toni L. Tower ��"/ �/ � j I I��� �qSHS Consultant Lic. 10-5698 32 of 56 � � �� VU Y Exp. Date: 11/24112 i �� �� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 3.1.2.3 The worker decontamination enclosure system shall consist of at least a clean room, a shower room, and an equipment room, each separated from each other and from the work area by airlock. 3.1.2.4 Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through curtained doorways consisting of two sheets of overlapping polyethylene sheeting. One sheet shall be secured at the top and left side, the other sheet at the top and right side. Both sheets shall have weights attached to the bottom to ensure that they hang straight and maintain a seal over the doorway when not in use. Doorway design, providing equivalent protection and acceptable to the Building Owner may be utilized. 3.1.2.5 Access between any two rooms in the decontamination enclosure system shall be through an airlock with at least 3 feet separating each curtained doorway. Pathways into (from clean to contaminated) and out from (contaminated to clean) the work area shall be clearly designated. The Contractor may at his discretion, install "Z-flaps" as per DSHS ARC-010 instead of the aforementioned chambered airlocks. 3.1.2.6 Clean-room shall be sized to adequately accommodate the work crew. Benches shall be provided as well as hooks for hanging up street clothes. (Lockers may be provided for valuables, however, workers may be requested to secure valuables in their cars) Shelves for storing respirators shall also be provided in this area. Clean disposable clothing, replacement filters for respirators, towels and other necessary items shall be provided in adequate supply at the clean room. A location for posting shall also be provided in this area. Whenever possible, a lockable door shall be used to permit access into the clean room from outside the work area. Lighting, heat and electricity shall be provided as necessary for comfort. This space shall not be used for storage of tools, equipment or materials, (except as specifically designated) or as office space. 3.1.2.7 Shower room shall contain showers sufficient to meet OSHA minimum standards of one showerhead for every ten workers. Each showerhead shall be supplied with hot and cold water adjustable at the tap. The shower enclosure shall be constructed to ensure against leakage of any kind. An adequate supply of soap, shampoo and towels shall be supplied by the Contractor and shall be available at all times. Shower water shall be drained, collected and filtered tlu•ough a system with at least 5-micron particle size collection capability. (Note: A system containing a series of several filters with progressively smaller pore sizes is recommended to avoid rapid clogging of filtration system by large particles.) 3.1.2.8 The equipment room shall be used for storage of equipment and tools at the end of a shift after they have been decontaminated using a HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Replacement filters (in sealed containers until used) for HEPA vacuums and negative pressure ventilation equipment, e;ctra tools, containers of surfactant and other materials and equipment that may be required during the abatement may also be stored here as needed. A drum lined with a labeled 6-mil polyethylene bag for collection of disposable clothing shall be located in this room. Contaminated footwear (e.g. rubber boots, other reusable footwear) shall be stored in this area for reuse the following workday. 3.1.3 Waste Container Pass-Out Airlocic 3.1.3.1 The waste container pass-out airlock shall be constructed at some location away from the worker decontamination enclosure system. Wherever possible, this shall be located where there is direct access from the work area to the outside of the building. 3.1.3.2 This airlock system shall consist of an airlock, a container staging area and another airlock with access to outside the work area. 3.1.33 The waste container pass-out airlock shall be constructed in similar fashion to the worker decontamination enclosure system using materials and airlock and curtain doorway design. � � Toni L. Tower � �l I �,( l� �f� PSHS Consultant Lic. 10-5698 33 of 56 `�� `� ` " vv � 1 Exp. Date: 11124112 �; r� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 3.1.3.4 This airlock system SHALL NOT be used to enter or e:cit the work site. 3.1.3.5 Emergency e:cits shall be established and clearly marked with duct tape arrows or other effective designations to permit easy location from anywhere within the work area. They shall be secured to prevent access from uncontaminated areas and still permit emergency exiting. These eYits shall be properly sealed with polyethylene sheeting, which can be cut to permit egress if needed. These exits may be the worker decontamination enclosure, the waste pass-out airlock and/or other alternative e:cits satisfactory to fire officials. 3.1.4 Barriers and Isolation of the Worlc Area 3.1.4.1 The contaminated work area shall be separated from, uncontaminated occupied areas of the building by the construction of airtight barriers. (Building Owner must clearly identify all areas that will be occupied.) 3.1.4.2 Walls shall be constructed of rigid wood or metal framing to support barriers in all openings larger than 4-feet x 8-feet. 3.1.4.3 A sheeting material (plywood, drywall) of at least 1/4-inch thickness shall be applied to work side of barrier. 3.1.4.4 Cover both sides of partition with a double layer of 6-mil polyethylene sheeting with staggered joints and seal in place. 3.1.4.5 Caulk edges of partition at floor, ceiling, walls and fixtures to form an airtight seal if necessary to provide an adequate seal. 3.1.4.6 Install and seal the TDSHS required 18-inch X 18-inch viewing window in such a manner as to allow viewing of a minimum 51 % of the work area. 3.1.5 Maintenance of Worlcplace Barriers and Worlcer Decontamination Enclosure Systems 3.1.5.1 All polyethylene barriers inside the work place, in the worker decontamination enclosure system, in the waste container pass-out airlock and at partitions constructed to isolate the work area from occupied area shall be inspected at least twice daily, prior to the start of each day's abatement activities and following the completion of the day's abatement activities. Document inspections and observations in the daily project log. 3.1.5.3 Damage and defects in the enclosure system are to be repaired immediately upon discovery. 3.1.5.4 Use smoke tubes to test the effectiveness of the barrier system when directed by Building Owner. 3.1.5.5 At any time during the abatement activities after barriers have been erected, if visible material is observed outside of the work area or if damage occurs to barriers, work shall immediately stop, repairs be made to barriers, and debris/residue cleaned up using appropriate HEPA vacuuming and wet mopping procedures. 3.1.5.6 If air samples collected outside of the work area during abatement activities indicate airborne fiber concentrations 0.01 f/cc or greater, or per-measured background levels (which is lower) work shall immediately stop for inspection and repair of barrieis. Cleanup of surfaces outside of the work area using HEPA vacuum or wet cleaning techniques may be necessary. 3.1.5.7 Install and initiate operation of air fltration equipment as needed to provide one air change in the work area every 15 minutes. (See Section 2.2.1.1) Enough exhaust air must be vented through a HEPA filter to maintain a lower air pressure within the enclosure system than the outside air pressure. Openings made in the enclosure system to accommodate these units shall be made air tight with tape and/or caulking as needed. If more than one unit is vented to the outside, they should be turned on one at a time, checking the integrity of wall barriers for secure attachments and need for additional reinforcements. Ensure that adequate power supply is available to satisfy � )� � ) Toni L. Tower � U�, L� � U�jj DSHS Consultant Lic. 1 a5698 34 of 56 �� Exp. Date: 11124/12 �� Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 the requirements of the air filtration equipment. Air filtration equipment shall be eYhausted to the outside of the building wherever feasible. They shall not be eYhausted into occupied areas of the building. Twelve-inch eYpansion duct shall be used to reach from the work area to the outside when required. 3.1.6 Establishing Emergency Exits 3.1.6.1 Emergency exits shall be established and clearly marked with duct tape arrows or other effective designations to permit easy location from anywhere within the work area. They shall be secured to prevent access fi�om uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed with polyethylene sheeting, which can be cut to permit egress if needed. These exits may be the worker decontamination enclosure, the waste pass-out airlock and/or other alternative exits satisfactory to fire officials. 3.1.7 Removing and Cleaning Fixtures 3.1.7.1 Remove, clean and enclose in polyethylene any fixed mounted objects such as lights, electrical panels, exit signage, etc. that may interfere with the abatement process and were not previously cleaned and sealed off. 3.1.8 Removal of building contents 3.1.8.1 All building contents that can be removed are to be cleaned and moved to a secure storage area selected and/or approved by the Building Owner prior to abatement. After abatement is complete all components are to be replaced in original location and condition. 3.1.9 Commencement of work shall not occur untiL• 3.1.9.1 No abatement work is to start until the Owners Project Manager has given his approval and all of Section 3.1.10 has been completed. 3.1.10. Enclosure Systems Approval 3.1.10.1 Negative pressure ventilation systems are functioning adequately and negative pressure is a minimum 0.02-inch water column on the manometer. 3.1.10.2 All pre-abatement submissions, notifcation, posting and permits have been provided and are satisfactory to the Building Owner (See Section 1.7). 3.1.10.3 All equipment for abatement, clean-up and disposal are on hand. 3.1.10.4 Contractor receives written permission from Building Owner or his Representative to commence abatement. 3.1.11 Alternate Procedures 3.1.11.1 Procedures described in this specification are to be utilized at all times. 3.1.12 3.1.13 3.1.14 If specified procedures cannot be utilized, a request must be made in writing to the Building Owner providing details of the problem encountered and recommended alternatives. Alternative procedures shall provide equivalent or greater protection than procedures that they replace. Any alternative procedure must be approved in writing by the Building Owner, prior to implementation. *xxX*END OF SECTIONx*xXX ^,y�Jl Toni L. Tower �� I U�I Ik`�� �DSHS Consullant Lic. 1Q5698 35 of 56 �� U Y� Exp. Date: 11/24/12 I � Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 3.2 3.2.1 3.2.1.1 Workplace Entry and Exit Procedures Personnel Entry and Exit November 18, 2011 FWTHASB021 All workers and authorized personnel shall enter the work area through the worker decontamination enclosure system. 3.2.1.2 All personnel who enter the work area must sign the entry log, located in the clean room, upon entry and exit. 3.2.1.3 All personnel, before entering the work area, shall read and be familiar with all posted regulations, personal protection requirements (including work place entry and eYit procedures) and emergency procedures. A sign-off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior to entry. 3.2.1.4 All personnel shall proceed first to the clean room, remove all street clothes and appropriately don respiratory protection (as deemed adequate for the job condition). And washable and/or disposable coveralls, head covering, and foot coverings. Hard hats, eye protection and gloves shall also be utilized, if required. Clean respirators and protective clothing shall be provided and utilized by each person for EACH SEPARATE ENTRY into the work area. 3.2.1.5 Personnel wearing designated personal protective equipment shall proceed from the clean room through the shower room and equipment room to the main work area. 3.2.1.6 Before leaving the work area all personnel shall remove gross contamination fi•om the outside of respirators and protective clothing by brushing and/or wet wiping procedures. (Small HEPA vacuums with brush attachments may be utilized for this purpose, however, larger machines may tear the suits) Each person shall clean bottoms of protective footwear in the walk-off pan just prior to entering the equipment room. 3.2.1.7 Personnel shall proceed to equipment room where they remove all protective equipment except respirators. Deposit disposable (and washable) clothing into appropriately labeled containers for disposal (and laundering). 3.2.1.8 Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work area. Upon completion of abatement it shall be disposed of as asbestos contaminated waste. (Rubber boots may be decontaminated at the completion of the abatement for reuse.) 3.2.1.9 Still wearing respirators, peisonnel shall proceed to the shower area, clean the outside of the respirators and the face area under running water prior to removal of respirator and shower and shampoo to remove residual asbestos contamination. Various types of respirators will require slight modification of these procedures. An airline respirator with HEPA filtered disconnect protection may be disconnected in the equipment room and worn into the shower. A powered air- purifying respirator face-piece will have to be disconnected from the filter/power pack assembly, if it is not waterproof, upon entering the shower. A dual cartridge respirator may be worn into the shower. Cartridges must be replaced for each new entry into the work area. 3.2.1.10 After showering and drying off, proceed to the clean room and don clean disposable (and/or washable) clothing if there will be later re-entry into the work area or street clothes if it is the end of the work shift. 3.2.1.11 These procedures shall be posted in the clean room and equipment room. /,�� ))) � : Toni L. Tower � U/�' I SHS Consultant Lic. 145698 36 of 56 �� ��L� �'� Exp. Date: 11/24112 ��. Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 3.2.2 Waste Container Pass-Out Procedures 3.2.2.1 Asbestos contaminated waste that has been containerized shall be transported out of the work area through the waste container pass-out airlock (or through the worker decontamination enclosure if a separate airlock has not been constructed). 3.2.2.2 Waste pass-out procedures shall utilize two teams of workers, an "inside" team and an "outside" team. 3.2.2.3 The inside team wearing appropriate protective clothing and respit•ators for inside the work area shall clean the outside, including bottom, of properly labeled containers (bags, drums, or wrapped components) using HEPA vacuum and wet wiping techniques and transport them into the waste container pass-out airlock. No worker from the inside team shall further exit the work area through this airlock. 3.2.2.4 The outside team wearing protective clothing and appropriately assigned respirators, shall enter the airlock FROM OUTSIDE THE WORK AREA, enclose the containers (bags, drums, or wrapped components) in clean, labeled 6-mil polyethylene bags and remove them from the airlock to the outside. No worker from the outside team shall further enter the work area through this airlock. 3.2.2.5 The exit from this airlock shall be secured to prevent unauthorized entry. *xxxEND OF SECTION***X �l � �J Toni L. Tower � f / f� ( � 'q/SHS Consullant Lic. 10-5698 37 of 56 �`-' � /"�v�- r Exp. Date: 11124/12 �� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 � I' 3.3 Trammg �I 3.3.1 Prior to commencement of abatement activities all personnel who will be required to enter the � work area or handle containerized ACM must have received adequate training requii•ed by the Texas Department of State Health Services. All personnel on the job site that enter the containment must have Texas licenses in hand (See Part 4, Section 4.1, Training). Special on-site training on equipment and procedures unique to this job site shall be performed as required. Training in emergency response and evacuation procedures shall be provided. !� xxX**END OF SECTION**XX* �i 1 �/`r Toni L. Tower �/ U���� �qSHS Consultant Lic. 145698 38 of 56 1 Y Exp. Date: 11/24/12 � �� � Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 3.4 Respiratory Protection 3.4.1 All respiratoiy protection shall be provided to workers in accordance with the submitted written respiratary protection program, which includes all items in OSHA 29 CRF 1910.134 (b) (1-11). This program shall be posted in the clean room of the worker decontamination enclosure system. 3.4.2 Workers shall be provided with personally issued, individually identifed (marked with waterproof designations) respirators. 3.4.3 Respirators shall be selected that meet the following level of protection requirements: All workers, foremen, superintendents, authorized visitors and inspectors must have personally issued and marked equipment approved by NIOSH or MSA. Minimum respiratory protection required for this project is PAPR respirators with HEPA filters unless fiber concentration requires greater protection. Prep work that may disturb the asbestos, and bag out if there is no removal activity, may be done in half-face dual HEPA filter respirators. These are the only eYceptions to PAPR respirators unless personal air sampling and containment area air samples indicate down grading of respirator protection is appropriate. The Contractor must make any decision to down grade known to the Project Manager. The Project Manager can deny this down grade if, in his opinion, there is just cause to do so. Half-faced mask respirators with dual high-efficiency HEPA filters may be utilized for this project only if the Time Weighted Average (TWA) does not exceed the protection factor. 3.4.4 Fit Testing 3.4.4.1 Workers must perform positive and negative air pressure fit tests each time a respirator is put on, whenever the respirator design so permits. Powered air- purifying respirators shall be tested for adequate flow as specified by the manufacturer. 3.4.4.2 Workers shall be given a qualitative fit test in accordance with procedures detailed in the OSHA lead Standard (29 CFR 1910.1025,Appendix D Qualitative Fit Test Protocols) for all respirators to be used on this abatement project. An appropriately administered quantitative fit test may be substituted for the qualitative fit test results documenting adequate respirator fit must be provided to the Building Owner representative. 3.4.4.3 Additional respirators (minimum of 2 of each type) and training on their donning and use must be available at the work site for authorized visitors who may be required to enter the work area. xXXx*END OF SECTIONxxxx* )� Toni L. Tower L/ � U� � `/�'�{' DSHS Consullant Lic. 10-5698 39 of 56 l ""�--' � Exp. Date: 11124/12 '� ( 1i r � Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 3.5 3.5.1 3.5.2 November 18, 2011 FWTHASB021 Protective Clothing Disposable clothing including head, foot and full body protection shall be provided in sufficient quantities and adequate sizes for all workers and authorized visitors. Hard hats, protective eye wear, gloves, rubber boots and/or other footwear shall be provided as required for workers and authorized visitors. Safety shoes may be required for some activities. *****END OF SECTIONx*x** Toni L. Tower � I I � l� � i qSHS Consultant Lic. 10-5698 40 of 56 �� �� U�����' � Exp. Date: 11124112 ' �I Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement T' 3.6 3.6.1 Removal Procedures — Negative Pressure Enclosures Clean and isolate the work area in accordance with Section 3.1 November 18, 2011 FWTHASB021 3.6.2 Wet all ACM with amended water solution using equipment capable of providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed. Saturate the material to the substrate; however, do not allow excessive water to accumulate in the work area. Keep all removed material wet enough to prevent fiber release until it can be containerized for disposal. If work area temperatures are below 32°F and amended water is subject to freezing, dry removal permits and procedures must be utilized (See Section 2.1.2.1). Maintain a high humidity in the work area by misting or spraying to assist in fiber settling and reduce airborne concentrations. Wetting procedures are not equally effective on all types of ACM but, shall none- the-less be used in all cases. 3.6.3 Special circumstances (e.g. live electrical equipment, high amosite content of material, materials T� previously coated with an encapsulant or paint) may prohibit the adequate use of wet methods to reduce fiber concentrations. For these situations, a dry removal may be required. The Contractor will have to acquire special permits, different fi•om those mentioned herein from the NESHAP enforcement agency. 3.6.4 Saturated ACM shall be removed in manageable sections. Removed material should be containerized before moving to a new location for continuance of work. Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up. 3.6.5 Material removed from building structures or components shall not be dropped or thrown to the floor. Material should be removed as intact sections or components whenever possible and carefully lowered to the floor. If this cannot be done for materials gceater than 50 feet above the floor, a dust-tight chute shall be constructed to transport the material to containers on the floor or the material may be containerized at elevated levels (e.g. on scaffolds) and carefully lowered to the ground by mechanical means. For materials between 15 and 50 feet above the ground they may be containerized at elevated levels or dropped onto inclined chutes or scaffolding for subsequent collection and containerization. 3.6.6 Containers (6 mil polyethylene bags or drums) shall be sealed when full (wet material can be exceedingly heavy.) Bags shall not be over-filled and shall be securely sealed to prevent accidental opening and leakage by tying tops of bags in an overhand knot or taping in gooseneck fashion. Do not seal bags with wire or cord (bags may be placed in drums for staging and transportation to the landfill). Bags shall be decontaminated on exterior surfaces by wet cleaning and HEPA vacuuming before being placed in clean drums and sealed with locking ring tops). 3.6.7 Large components removed intact may be wrapped in 2 layers of 6-mil polyethylene sheeting secured with tape, and appropriately labeled, for transport to the landfill. 3.6.8 Asbestos containing waste with sharp-edged components (e.g. nail, screws, metal lath, tin sheeting) will tear the polyethylene bags and sheeting and shall be placed in drums for disposal. The alternate use of fiber bags that are then double bagged in 6-mil asbestos bags may be used with the Consultant's written permission on a case by case basis. 3.6.9 After completion of all stripping work, surfaces from which ACM have been removed shall be wet brushed and sponged or cleaned by some equivalent method to remove all visible residues and all surfaces in the work area shall be wet wiped and HEPA vacuumed. xxxx*END OF SECTIONxxx*x Toni L. Tower � �° SHS Consultant Lic. 10-5698 41 of 56 �� � ���-'�1 Exp. �a�e: �v2ai�2 �_I Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 3.7 Removal Procedures — Glove Bag Procedures 3.7.1 Prior to performing any asbestos removal using the glove-bag method, CONTRACTOR shall demonstrate to CONSULTANT that he or she is competently trained and eYperienced in established, safe glove-bag removal techniques. 3.7.2 3.7.3 3.7.4 3.7.5 3.7.6 3.7.7 3.7.8 3.7.9 3.7.10 3.7.11 3.7.12 3.7.13 3.7.14 Prepare work areas as previously specified. Place one layer of duct tape around pipe insulation at points where glove-bag will be attached. Place tools in bag. Attach, and use glove-bag in accordance with manufacturer's instructions, unless more stringently specified herein. Insert sprayer wand through water sleeve. Seal water sleeve tightly round the wand to prevent leakage. Use smoke tube and aspirator bulb to test seal. Gently squeeze glove-bag and look for smoke leaks. Seal leaks and retest. Wet the asbestos-containing material within the glove-bag with amended water prior to removal. Utilize a minimum of two asbestos workers per glove-bag. Carefully cut and remove asbestos-containing materials within the glove-bag. Exercise care to avoid cutting bag while cutting asbestos-containing materials from piping, fittings, and other ancillary equipment. Thoroughly wet removed material, bag and piping with amended water. Scrub exposed piping and fittings with a bristle or nylon brush. Remove visual accumulations of debris from piping. Allow mist to settle. After removing asbestos-containing material, wet clean all surfaces to remove residual accumulated material. Continue wet-cleaning until surface is free of visible material. Seal exposed piping and glove-bag sides with encapsulant. Remove tools, through gloves or tool pouch by inverting, twisting glove, taping at twist to seal, and severing glove at midpoint of tape. Collapse glove-bag by inserting HEPA-vacuum. Twist bag several times at the top of bag. Twist and tie to secure. Place appropriately labeled 6-mil bags around glove bag. Score glove-bag above taped seal to remove from pipe and place inside 6-mil bag. Sea16-mil bag around disassembled glove bag. X****END OF SECTION*X*** �/� /j� , � Toni L. Tower �� I U U 1 f I SHS Consultant Lic. 145698 42 of 56 � 1 ��L��' � Exp. Date: 11124/12 i. _ i Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 3.8 Clean-Up Procedures November 18, 2011 FWTHASB021 3.8.1 Remove and containerize all visible accumulations of ACM and asbestos contaminated debris utilizing rubber dustpans and rubber squeegees to move material around. DO NOT use metal shovels to pick up or move accumulated waste. Special care shall be taken to minimize damage to floor surfaces. 3.8.2 3.8.3 3.8.4 3.8.5 3.8.6 3.8 7 3.8.8 Wet clean all surfaces in the work area using rags, mops and sponges as appropriate. Remove the cleaned outer layer of plastic sheeting. Critical Barriers (HVAC system vents and all other openings) shall remain sealed. The negative pressure ventilation units shall remain in continuous operation. Decontamination enclosure systems shall remain in place and be utilized. Wet clean all surfaces in the work area using rags, mops and sponges as appropriate. Remove the cleaned inner layer of plastic sheeting. Critical Bart•iers (HVAC system vents and all other openings) shall remain sealed. The negative pressure ventilation units shall remain in continuous operation. Decontamination enclosure systems shall remain in place and be utilized. Wet wipe and HEPA Vacuum all surfaces in the work area Decontaminate all tools and equipment and remove from the work area. Remove all containerized waste from the work area and waste container pass-out airlock. Inspect the work area for visible residue. If any accumulation of residue is observed, it will be assumed to be asbestos and the 24-hour settling period/cleaning cycle repeated. 3.8.9 Notify Consultant for observation of cleaning to determine completeness. Surfaces shall be accepted as clean when free from dust, dirt, residue, films, or discoloration resultant from abatement operations or other activities subordinate to these operations. Additional cleaning cycles shall be provided, as necessaty, at no cost to the Building Owner until these criteria have been met. 3.8.10 Following the satisfactory completion of clearance air monitoring, remaining barriers may be removed and properly disposed of. A final visual inspection by the Owner's representative shall ensure that no contamination remains in the work area. Unsatisfactory conditions may require additional cleaning and air monitoring. (See Section 3.14 Re-Establishment of the Work Area...). Xx*xxEND OF SECTIONxx*** /,�r)� Toni L. Tower �/1 U U �9 SHS Consultant Lic. 10-5698 43 of 56 ����' 1 EXp. oa�e; �vzanz r Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 3.9 Encapsulation Procedures 3.9.1 Lock-down may be applied, at the Contractor's option, after the final visual inspection in accordance with Section 3.8.9. 3.9.2 Repair damaged and missing areas of existing (sprayed)/(troweled) materials with non-asbestos containing substitutes (specify). Material must adhere adequately to eYisting surfaces and provide an adequate base for application of encapsulating agents. Filler material shall be applied in accordance with manufacturer's recommended specifications. 3.9.3 Remove loose or hanging ACM in accordance with the requirements of Section 3.6. 3.9.4 After the work area has been rendered free of visible residues by the Project Manager/Air Monitor Technician and final approval given, a thin coat of satisfactory lock-down agent shall be applied to all surfaces in the work area including structural members, building components and plastic sheeting on walls, floors, and covering non-removable items, to seal in non-visible residue. The flash point for the lock-down must be greater than 140°F. *xxx*END OF SECTION*x*xx ) Toni L. Tower �'��, L� � U��� �qSHS Consultant Lic. 10-5698 44 of 56 � Exp. Date: 11124/12 i; Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 3.10 Air Monitoring 3.10.1 Baseline 3.10.1.1 Baseline samples shall be collected by the Consultant or his designee prior to the disturbance of ACM per TAHPR guidelines. 3.10.1.2 A minimum of three baseline samples will be collected. 3.10.2 Ambient 3.10.2.1 Ambient samples shall be collected by the Consultant or his designee every day of the asbestos abatement activity from start to finish. These samples shall be analyzed using NIOSH 7400 protocol, counting rules A. 3.10.2.2 Ambient samples will be collected daily from 1) inside containment, 2) outside containment but inside the building (if applicable), 3) negative pressure ventilation unit discharge, 4) immediately outside the entrance to the decontamination facility, and 5) outside of the waste container pass- through air lock if (applicable). A minimum of 5 ambient samples will be collected daily. Additional ambient air samples may be collected at the direction of the Consultant or at the discretion ofthe Asbestos Project Manager. 3.10.3 Clearance 3.103.1 Following the completion of the cleanup operations, and after the visual inspection by the Consultant ar his designee, final air samples shall be taken as set forth in the TAHPR guidelines. 3.10.3.2 Aggressive air sampling shall be performed. This is to be accomplished through use of an electric air blower (leaf blower). 3.1033 Negative pressure ventilation units shall remain operational during clearance sampling and shall remain on until clearance is achieved. 3.10.3.4 For non-AHERA Response Action abatement, clearance will be achieved if no sample is reported greater than 0.01 f/cc using NIOSH 7400 protocol, counting rules A. 3.10.3.4 For AHERA Response Action abatement, clearance will be achieved if no sample is reported greater than 70 structures/mmz using the TEM analysis method set forth in the AHERA regulation 40 CFR Part 763 Appendix A. 3.10.3.5 Areas exceeding the above clearance levels shall be re-cleaned using the procedures found in Section 3.8 and re-sampled and re-analyzed until satisfactory levels are achieved. 3.10.3.6 All costs of re-testing will be borne by the Contractor. 3.10.4 OSHA Personnel Monitoring 3.10.4.1 CONTRACTOR WILL BE R�SPONSIBLE FOR PERSONAL AIR MONITORING AS R�QUIR�D BY OSHA, UNLESS OTH�R ARRANG�NI�NTS ARE MAD� WITH CONSULTANT TO PERFORM THIS R�QUIR�D PERSONN�L MONITORING UNDER S�PARAT� CONTRACT. CONSULTANT wILL P�RFORM TH� OSHA-R�QUIR�D P�RSONNEL AIR MONITORING FOR CONTRACTOR FOR A F�E, OR THE CONTRACTOR NIAY �MPLOY�E A PROP�RLY LIC�NS�D AND CERTIFI�D THIRD PARTY AIR MONITORING TIRM. NO R�MOVAL ACTIVITIES SHALL B� ALLOWED WITHOUT P�RSONN�L MONITORING AS P�R OSHA R�GULATIONS, AND HISTORICAL DATA WILL NOT BE ACCEPTABLE IN LI�U OF MONITORING FOR THIS PROJ�CT. J� Toni L. Tower '�, L� � U�I ly`�� rDSHS Consullant Lic. 10.5698 45 of 56 U Y Exp. Date: 11124/12 L� Former Youth Center 9700 Ten Mile Bridge Road November 18, 20ll Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 3.10.4.2 CoNSULTANT's rept•esentative will not perform OSHA compliance air monitoring on behalf of the Contractor without a separate signed agreement to that effect. A copy of this agreement must be maintained at the site if such an agreement exists. ***X*END OF SECTIONxX*** ��� /,�� %�\ 4�, ,� Toni L. Tower � U U �J` SHSConsultantLic. 1a5698 46 of 56 Exp. Date: 11/24112 �� Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 3.11 Disposal Procedures 3.11.1 As the work progresses, to prevent eYceeding available storage capacity on site, sealed and labeled containers of asbestos containing waste shall be removed and transported to the pre-arranged disposal location. The Contractor shall sign the manifest as proxy, and shall retain the generator copy of the manifest(s) to be incorporated into the project closeout. 3.11.2 Disposal must occur at an authorized site in accordance with regulatory requirements of NESHAP and applicable State and Local guidelines and regulations. 3.113 All dump receipts, trip tickets, transportation manifests or other documentation of disposal, shall be delivered to the Building Owner for his records. A recommended record-keeping format utilizes a chain of custody form that includes the names and addresses of the Generator (Building Owner), Contractor, pickup site, and disposal site, the estimated quantity of the asbestos waste and the type of containers used. The Generator, the Contractor, and the Disposal Site Operator should sign the form, as the responsibility for the material changes hands. If a separate hauler is employed, his name, address, telephone number and signature should also appear on the form. Xx*xxEND OF SECTION***** j� ,y� Toni L. Tower �" �I �( �' 1 f I�' J�SHS Consultant Lic. 10.5698 47 of 56 � U��L� f Exp. Date: 11124112 i_a Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 3.12 Transportation to the Landfill 3.12.1 Once drums, bags and wrapped components have been removed from the work area, they shall be loaded into an ENCLOSED truck or dumpster for transportation. All dumpsters must be enclosed and securable. At no time is the asbestos waste to be stored in anything that is not enclosed and securable. 3.12.2 When moving containers, utilize hand truck, carts and proper lifting techniques to avoid back injuries. Trucks with lift gates are helpful for raising drums during truck loading. 3.123 The enclosed cargo area of the truck or dumpster shall be free of debris and lined with two layers of 6-mil polyethylene sheeting to prevent contamination from leaking or spilled containers. Floor sheeting shall be installed first and extended up the sidewalls. Wall sheeting shall be overlapped and taped into place. 3.12.4 Containers shall be placed on level surfaces in the cargo area and packed tightly together to prevent shifting and tipping. Large structural components shall be secured to prevent shifting and bags placed on top. Do not throw containers into cargo area. 3.12.5 Personnel loading asbestos waste shall be protected by disposable clothing including head, body and foot protection and, at a minimum, half-face piece, air purifying dual cartridge respirators equipped with high efficiency filters where applicable. 3.12.6 Any debris or residue observed on containers or surfaces outside of the work area, resulting from clean up or disposal activities, shall be immediately cleaned-up using HEPA filtered vacuum equipment and wet methods. 3.12.7 Large metal dumpsters are sometimes used for asbestos waste disposal. These should have doors or tops that can be closed and locked to prevent vandalism or other disturbance of the bagged asbestos debris and wind dispersion of asbestos fibers. Un-bagged material shall not be placed in these containers, nor shall it be used for non- asbestos waste. Bags shall be placed, not thrown, into containers to avoid splitting. 3.12.8 The Contractors Supervisor, as a proxy representative of the owner, shall sign the disposal waste manifest. *xxxxEND OF SECTION*xxx* �"lt Toni L. Tower ��� U l� f �� IO,SHS Consultant Lic. 145698 48 of 56 "' vU l. ' r Exp. Dale: 11/24/72 l_� Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 3.13 3.13.1 Landfill Disposal November 18, 2011 FWTHASB021 Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading of the asbestos containing waste. 3.13.2 Bags, drums and components shall be inspected, as they are off-loaded at the disposal site. Material in damaged containers shall be re-packed in empty drums or bags as necessary. (Local requirements may not allow the disposal of asbestos waste in drums. Check with appropriate agency and institutions for appropriate alternative procedures.) 3.13.3 Waste containers shall be PLACED on the ground at the disposal site, not pushed or thrown out of trucks (weight of wet material could rupture containers). 3.13.4 Personnel off-loading containers at the disposal site shall wear protective equipment consisting of disposable head, body and foot protection and, at a minimum, half-face piece, air purifying dual cartridge respirators equipped with high efficiency filters. 3.13.5 Following the removal of all containerized waste, the truck cargo area shall be decontaminated using HEPA vacuums and/or wet methods to meet the no visible residue criteria. Polyethylene sheeting shall be removed and discarded along with contaminated cleaning materials and protective clothing, in bags or drums at the disposal site. 3.13.6 If landfill personnel have not been provided with personal protective equipment for the compaction operation by the landfill operator Contractor shall supply protective clothing and respiratory protection for the duration of this operation. XXXXxEND OF SECTION****x � Toni L. Tower ` � ,( r��� SHS Consultant Lic. 145698 49 of 56 �`-' ` " �� �-' � Exp. Date: 11124/12 1� Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 3.14 Re-Establishment of the Work Area and System Returns November 18, 2011 FWTHASB021 3.14.1 Re-establishment of the work area shall only occur following the completion of clean-up r � procedures and after clearance air monitoring has been performed and documented to the satisfaction of the Building Owner representative. 3.14.2 Remaining polyethylene shall be removed at this time, maintaining decontamination enclosure systems and critical barriers. 3.14.3 The Contractor and Owner representative shall visually inspect the work area for any remaining visible residue. Evidence of contamination will necessitate additional cleaning requirements in accordance with Section 3.8. 3.14.4 3.14.5 3.14.6 Additional air monitoring shall be performed in accordance with Section 3.10 if additional clean up is necessary. Following satisfactory clearance of the work area, critical barriers and decontamination system may be removed and the polyethylene sheeting disposed of as asbestos contaminated waste. At the discretion of the Contractar, mandatory requirement for personal protective equipment may be waived following the removal of all barriers. 3.14.7 Re-secure mounted objects removed from their former positions during area preparation activities. 3.14.8 Relocate objects that were removed to temporary locations back to their original positions. 3.14.9 Re-establish HVAC, mechanical and electrical systems in proper working order. Remove contaminated HVAC system filters and dispose of as asbestos contaminated waste. Decontaminate filter assembly using HEPA vacuums and wet cleaning techniques. Install new filters in HVAC systems. Dispose of old itlters as asbestos-contaminated waste material. **x**END OF SECTIONX*xXx �,\r J Toni L. Tower ���I U/ ���- � OSHS Consultant Lic. 10-5698 50 of 56 � L �� �� Exp. Date: 11124112 Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement November 18, 2011 FWTHASB021 3.15 Repair 3.15.1 Repair all areas of damage that occurred as a result of abatement activities. The owner representative, Consultant, and/or Project Manager shall conduct a"punch list" walkthrough of the completed work areas with the Contractor, Project Manager and/or field Supeivisor who has authority to act as an agent on behalf of the Contractor, to assess damages prior to the issuance of a certificate of project completion. *x*xXEND OF SECTION*x*Xx �/\r Toni L. Tower � ' �/ ( / (1 � � `��/,� SHS Consultant Lic. 10-5698 51 of 56 1 J`� �� l-- � Exp. Date: 11/24/12 �._� Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement PART 4: SUPPORT ACTIVITIES AND PERSONNEL 4.1 Training November 18, 2011 FWTHASB021 4.1.1 Training shall be provided by the Contractor to all employees or agents who may be required to disturb asbestos containing or asbestos contaminated materials for abatement and auxiliary purposes and to all supervisory personnel who may be involved in planning, execution or inspection of abatement projects. 4.1.2 All workers must have a minimum of 24 hours training as required by the EPA, OSHA, NIOSH, and any state requirements, such as additional training and license. TeYas Asbestos Health Protection Rule 295.64 (d) requires four days (32 hours) of training for Asbestos Abatement workers. 4.1.3 4.1.4 4.1.5 All workers must have received the required medical examination. All workers must be trained in the proper use of the type of respirators used on this job. All workers must be trained in personal hygiene including entry and exit procedures for the work area, use of showers and prohibition of eating, drinking, smoking, and chewing in the work area. 4.1.5 All workers must be trained in special safety hazards that may be encountered including electrical hazards, air contaminant, wetting agents, encapsulants, materials from Owner's operation, fire and explosion hazards, scaffold and ladder hazards, slippery surfaces, confined spaces, heat stress and noise. 4.1.6 4.1.7 4.1.8 L; Training must be provided by individuals qualified by virtue of experience, education, and licensure as applicable to discuss the topic areas. Training is to have occurred within 12 months prior to the initiation of abatement activities. Contractor must document training by providing date of training, training entity, course outline, and names and qualifications of trainers. *xXxXEND OF SECTION**X*x �l � J� Toni L. Tower � I � Ul '�� +9SHS Consultant Lic. 1a5698 52 of 56 �� �/L� f Exp. Date: 11124/12 Li � :. li I Former Youth Center 9700 Ten Mile Bridge Road Technical Project Specifications for Localized Asbestos Abatement 4.2 Medical Monitormg November 18, 2011 FWTHASB021 4.2.1 Medical Monitoring must be provided by the Contractor to any employee or agent that may be exposed to asbestos in excess of background levels during any phase of the abatement project. (Due to the synergistic effect between smoking and asbestos exposure, it is highly recommended that only non-smokers be employed in positions, which may require them to enter asbestos contaminated atmospheres). 4.2.2 Medical monitoring shall include at a minimum: 4.2.2.1 A work/medical history to elicit symptomatology of respiratory disease. 4.2.2.2 A chest X-ray (posterior-anterior, 14 X 13 inches) evaluated by a certified B-Reader. *x*xXEND OF SECTION**xxx r Toni L. Tower `�' I I � SHS Consultant Lic. 10-5698 53 of 56 �� � �'� Exp. Date: 11124/12 �; �� Former Youth Center 9700 Ten Mile Bridge Road November 18, 2011 Technical Project Specifications for Localized Asbestos Abatement FWTHASB021 4.3 Safety 4.3.1 PPE — All personal protective equipment must be properly maintained and cleaned. A record of all maintenance and cleaning must be kept and available for verification. 43.2 Potable water — There must be potable water available for the workers. It must be dispensed from a tap and there must be disposable cups available. 4.3.3 Toilets — There must be sufficient toilet facilities to meet OSHA's minimum requirements. 4.3.4 Illumination — There must be sufficient lighting to meet OSHA's minimum requirements. 4.3.5 Haz-Com — There must be a Hazardous Communications Program on the project with proof of employee acknowledgment of this program. 4.3.6 Fire Extinguishers — There must be sufficient fre extinguishers to meet TDSHS and OSHA minimum requirements. 4.3.7 Air Flow — If any electrical or other equipment must be left operational inside the containment it must: A. Be isolated from the contained work area with its own access that is completely separate from the work area. B. Sufficient airflow must be maintained to assure proper operation for the duration of the project. 43.8 Electrical — All electrical must be locked out and tagged out when possible. In addition, all electrical within the containment must be checked by a competent person. 4.3.9 Fall Protection — Fall protection must be provided to meet OSHA's minimum requirements. 4.3.10 Scaffold — All scaffolding must meet OSHA's minimum requirements and; A. Must have a competent person as defined by OSHA on all projects where scaffolding is erected. B. All scaffold erection must be designed by a professional engineer, and after creation must be inspected by this professional engineer. The Consultant is to be furnished in writing the certification of all scaffolding. C. All workers must be trained on scaffold safety as per OSHA requirements. The Consultants representative is to be trained by the Contractor in scaffolding safety. 4.3.11 Flash Point — No material may be used with a flash point less than 140° F. **X**END OF SECTION***x* r Toni L. Tower I,(l f � 'q/SHS Consultant Lic. 1a5698 54 of 56 "` "�✓�.� l, r Exp. 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