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HomeMy WebLinkAboutContract 39903r CITY SECRETARY CONTRACT NO.�_'�,� CON-AV6-'1'RAC'1' Between CITY OF FORT WORTH and INTERCON ENVIRONMENTAL, INC. For Asbestos Abatement and Demolition at 3601 Hardy Street Housing and Economic Development Department March 2010 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 3/2/2010 - Amendment Highlighted in Yellow DATE: Tuesday, March 02, 2010 LOG NAME: 17HFC 3601 HARDY DEMO PROJECT REFERENCE NO.: C-24117 SUBJECT: Authorize the Change in Use and Expenditure of $300,000.00 in Additional Community Development Block Grant Funds for the Hardy Street Project, Authorize the Execution of a Contract with Intercon Environmental, Inc., for $345,000.00 for Demolition of Structure at 3601 Hardy Street and Authorize a Substantial Amendment to the City's 2009-2010 Action Plan (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a Substantial Amendment to the City's 2009-2010 Action Plan to change the use and add additional funds to the Hardy Street Project; 2. Authorize the Change in Use and Expenditure of an additional $300,000.00 in Community Development Block Grant Funds for the Hardy Street Project for activities including demolition and hazardous material removal; and 3. Authorize the City Manager, or his designee, to execute an Agreement with Intercon Environmental, Inc., for $345,000.00 for demolition of the structure located at 3601 Hardy Street. DISCUSSION: On February 23, 2010, the City Council authorized the expenditure of $290,000.00 in Community Development Block Grant (CDBG) funds for the acquisition of 3601 and 3617 Hardy Street for the Hardy Street Project. The Hardy Street Project is an infill housing project to be developed on these two adjoining tracts of land in the Diamond Hill -Jarvis neighborhood which will provide quality, affordable, accessible housing for 21 low to moderate income families (M&C G-16852). The City will act as the developer of the project. It is proposed that CDBG funds will be used for infrastructure, property acquisition, environmental activities and the proposed demolition of an abandoned nursing home located on the 3601 Hardy Street parcel. In order to proceed to the next step of the project, the vacant nursing home must be demolished. After the land acquisition and certain other costs are paid, an estimated $45,000.00 in CDBG funds will be available to use for the demolition. The nursing home is classified as a Category II structure by the Code Compliance Department due to its inadequate maintenance, dilapidation, decay, faulty construction and fire or element exposure damage that has caused a condition of disrepair such that if further neglected, it could result in the structure becoming substandard and hazardous. This structure, a target for gang graffiti and illegal dumping, is directly across the street from Diamond Hill -Jarvis High School and nearby Meacham Middle School. c rrrrr r :rinlrl, r T"�_ 1'rearr. #slleweA- 'Sfaff recommends that the City enter into an agreement for commercial and residential demolition services with Intercon Environmental, Inc. using a Texas Department of Transportation (TxDOT) cooperative purchasing agreement. Use of the competitively bid cooperative purchasing agreement satisfies state law. On October 27, 2009, the City Council approved a separate agreement with Intercon for the demolition of other vacant structures based on the same TxDOT cooperative purchasing contract (M&C P-11043). The cost for the demolition and all related environmental services is $345,000.00 and the Agreement will require that all federal funding requirements associated with removal of hazardous materials, asbestos abatement and demolition be followed. This $345,000.00 will be in addition to the $770,000.00 approved in the prior M&C for other demolition projects. Intercon Environmental, Inc., a certified DBE is in compliance with the City' s DBE Program by committing to seven percent DBE participation on this project. The City' s DBE goal on this project is five percent. Staff recommends the change in use and expenditure of $300,000.00 in additional CDBG funds for the Hardy Street Project along with increasing the budget for the project. These CDBG funds were unprogrammed or designated for debt service. A public comment period concerning the change in use of these funds was held from January 28, 2010, through February 26, 2010. Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 2) GR76 539120 017206350750 $300,000.00 2) GR76 539120 017206350990 $72.610.47 2) GR76 538070 017206350700 $227.389.53 3) GR76 539120 017206350750 $300,000.00 3) GR76 539120 005206180740 $45.000.00 CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Thomas Higgins (6192) Oriainatina Department Head: Jay Chapa (5804) Cynthia Garcia (8187) Additional Information Contact: Dolores Garza (2639) ATTACHMENTS 1. Available Funds. PDF (CFW Internal) 2. Contract Compliance Memorandum 3601 Hardv.pdf (CFW Internal) 3. Hardy_Street Pr ect Map pt (Public) 4. Hardv Street PROPOSED Site Plan 2009.Ddf (Public) 5. Intercon Demo Notice of Award. Ddf (CFW Internal) STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL, TRANSPORTATION AND DISPOSAL OF ASBESTOS CONTAMINATED MATERIALS 3601 HARDY STREET FOR THE HARDY STREET INFILL HOUSING PROJECT 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 Tom Higgins, its duly authorized Assistant City Manager, and Intercon Environmental, Inc., a Texas corporation, acting through Karen Andrews, its duly authorized president ("Contractor"). WHEREAS, the City desires to conduct a project for removal of asbestos containing material and the demolition of the structure located at 3601 Hardy Street, Fort Worth, Texas; and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such asbestos removal, transportation, disposal and demolition; and WHEREAS, the Contractor has represented that it is knowledgeable and experienced in conducting such an asbestos removal, transportation, and disposal and demolition project. WHEREAS, on March 2, 1010, the City Council authorized an agreement between the City and Intercon Environmental, Inc. through a cooperative purchasing program. • WHEREAS, Under Texas Local Government Code § 271.102 and §271.083(4)(b) and Texas Government Code § 2155.062, local governments who participate in a cooperative purchasing program satisfy competitive bid requirements; and WHEREAS, Intercon Environmental, Inc. has a contract with the Texas Department of Transportation to provide Asbestos Abatement and Demolition Services. WITNESSETH' NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: no CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 1 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. M0 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows: Asbestos shall mean the asbestiform varieties of chrysotlle, amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing one percent or more of any of those substances. Asbestos -Containing Material (ACM) shall mean materials or products that contain more than one percent (1.0%) of any kind or combination of asbestos, as determined by Environmental Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal Regulations, (CFR) Part 763, Subpart F and 40 CFR 763 Subpart E, Appendix A. This means anyone material component of a structure. Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away asbestos containing material (ACM). Citv's Representative means the Director of Environmental Management, or the Director's designee. Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work including this contract. Said Contract Documents include, but are not limited to, the notice to bidders, instructions to bidders, special instructions to bidders, addenda to the notice to bidders, Invitations to Bid, Requests for Qualifications, the Contractor's Response to the Invitation to Bid or Request for Qualifications, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, Industrial Hygienists specifications, work order(s), this Contract and the payment, performance, and maintenance bonds. 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. The terms and conditions specified in the agreement between the Texas Department of Transportation and Intercon Environmental, Inc. are hereby incorporated by reference and binding upon the parties. Contractor shall mean Intercon Environmental, Inc. Director shall mean the Director of the City of Fort Worth's Environmental Management "' Department. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 2 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. NESHAP shall 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. Requlated Asbestos-Containinq Material (RACM) shall mean (a) friable asbestos material, (b) Category I non -friable ACM that has become friable, (c) Category I non -friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category 11 non -friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition or renovation operations. 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. TIME TO COMPLETE THE PROJECT Contractor shall achieve completion of the work under this contract March 15, 2010 unless an extension of time is granted (in writing), any such determination being made in the sole judgment and discretion of the City of Fort Worth. 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. 3. 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 CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 3 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Contractor. 4. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, 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 day after the date the project was to be completed, until the project is completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 5. INDEMNIFICATION A. Definitions. In this paragraph, the following words and phrases shall be defined as follows: 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 wells, 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, CONTRACT FOR ASBESTOS ABA TEMENTAND STRUCTURAL DEMOLITION - Page 4 of 20 3601 HARDY STREET, FORT WORTH, TX- INTERCON ENVIRONMENTAL, INC. 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 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 ALL 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, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 5 o/ 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. CAUSED BY THE SOLE NEGLIGENCE OF 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 ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL 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 of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, City shall provide Contractor with reasonable timely notice of same. 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. 6. 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 submit its entire policy for inspection. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. Page 6 of 20 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. 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). w 6. Asbestos Abatement Insurance $2,000,000 each occurrence with no Sunset Clause, if any abatement is to be performed and prior to commencement of such work. 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. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 7 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. 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 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 Contractor's insurance policies. Notice shall be sent to Department of Risk Management, 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. M CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 8 of 20 .r 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. M 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. 7. BONDING 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. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 9 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC 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. 8. 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. 9. 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 from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. 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 above, or to complete such work within the time specified above, within the true meaning of this contract, 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. Alternatively, 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 no 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 FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 10 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. s" Y contract. 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 with or 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 in progress that is completed by Contractor and accepted by the City. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 10. 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 officers, 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. 11. 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. 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 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, 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. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 11 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. 12. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City and its agent 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 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. 13. MINORITY AND WOMAN BUSINESS ENTERPRISE (MWWBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("MWWBE") in City contracts. Contractor agrees to a minimum M/WBE participation of at least 5% in accordance with the aforementioned ordinance and additionally all applicable federal DBE rules. Contractor acknowledges the MWWBE goal established for this Agreement 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. Monthly reporting is required to the City of Fort Worth — MWWBE Office, 1000 Throckmorton Street, Fort Worth, Texas 76102. Proof of payment for all invoices from DBE firms will be required. Final payment to the Contractor under this Contract may be withheld pending MWBE Office approval of documentation. 14. 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 current prevailing wage requirements as provided for therein. 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 CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 12 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. no 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. 15. 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 meeting the requirements of this section. Additionally the Contractor agrees to abide by the provisions of 41 CFR Part 60-1.4(b). CONTRACT FOR ASBESTOS ABATEMENTAND STRUCTURAL DEMOLITION - Page 13 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. 16. 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. 17. 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. 18. 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. • 19. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas. 20. 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: CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 14 of 20 3601 HARDY STREET. FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. If to the City: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton St. Fort Worth, TX 76102 If to the Contractor: and to: Jesus Chapa, Director Department of Housing & Economic Development 1000 Throckmorton, Fort Worth, Texas 76102 Karen Andrews Intercon Environmental, Inc. 210 S. Walnut Creek Dr. Mansfield, TX 76063 21. 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 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. 22. 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. 23. 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 exhibitstir'eto. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 15 of PO 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. i< a no The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 24. 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 between the specific terms of this contract and any other contract documents, then the terms of this contract shall govern. 25. 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. 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 ASBESTOS ABA TEMENTAND STRUCTURAL DEMOLITION - Page 16 of 20 3601 HARDY STREET. FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. APPENDIX 1. SCOPE OF WORK SCOPE OF CONTRACTOR'S SERVICES The scope of work shall include the furnishing of all labor, materials and equipment necessary for the removal of all asbestos -containing materials ("ACM)" according to specifications outlined by the City (or its agent) and to perform the demolition of the building and ancillary structures located at 3601 Hardy Street as specified in the contract documents. Work shall be conducted in accordance with the most recently amended version of the specifications for asbestos abatement prepared by the asbestos consultant Industrial Hygiene and Safety Technology, Inc. (IHST) for this project. The scope of work includes removal and disposal of the following asbestos -containing • or asbestos -contaminated materials utilizing wet methods within full, negative pressure containment equipped with HEPA ventilation from specified areas of the structure. All removed materials are to be disposed of as asbestos -containing material. All debris generated from removal is to be disposed of as asbestos -containing waste. Prior to commencement of any work under this Contract, Contractor shall obtain from •� the City a written notice to proceed. Upon completion of the work, Contractor shall obtain a final inspection and approval of work completed, in writing, from the City. Contractor shall protect the work site as necessary with barriers, lights, safeguards or • warnings. Contractor shall perform, in a good and professional manner, the services contained in this Contract. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 17 of 20 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. SPECIFICATIONS NONE FOR Industrial Hygiene and ASBESTOS ABATEMENT Safety Technology, Inc. Prepared for. - 2235 Keller Way City of Fort Worth Carrollton, TX 75006 Phone: (972) 478-7415 1000 Throckmorton Fax: (972) 478-7615 Fort Worth, Texas 76102 hfp://www.ihst.com Project: Leaders in Entire Structure Quality, Service 3601 Hardy Street and Innovation Fort Worth, Texas DATE: February 26, 2010 Specifications Prepared by: Y4, Uf A. 61;4400' Tracy K. Bram/ett, C/H, CSP TDSHS LICENSE #10-5040 Expiration: 12/31/11 Prepared by: Industrial Hygiene & Safety Technology, Inc. 2235 Keller Way Carrollton, Texas 75006 972-478-7415 F-j TABLE OF CONTENTS Asbestos Abatement Specifications 1.1. SUMMARY OF THE WORK..............................................................................................................................I 1.1.1. CONTRACT DOCUMENTS AND RELATED REQUIREMENTS:.......................................................... l 1.1.2. EXTENT OF WORK: ..................................................................................................................................1 1.1.4. CONTRACTORS USE OF PREMISES: ...................................................................................................... 3 1.2. DIFFERING SITE CONDITIONS: ....................................................................................................................... 3 1.3. STOP ASBESTOS REMOVAL: ........................................................................................................................... 3 -" 1.4. CODES AND REGULATIONS: .......................................................................................................................... 3 1.4.1. GENERAL APPLICABILITY OF CODES, REGULATIONS AND STANDARDS:.................................34 1.4.2. CONTRACTOR RESPONSIBILITY: ........................................................................................................... 4 1.4.3. STATE REQUIREMENTS:...........................................................................................................................4 1.4.4. LOCAL REQUIREMENTS:..........................................................................................................................4 1.4.5. NOTICES: ..................................................................................................................................................... 4 1.4.6. PERMITS: ...................................................................................................................................................... 5 1.4.8. POSTING AND FILING OF REGULATIONS: ............................................................................................ $ 1.5. PROJECT COORDINATION: .............................................................................................................................. 5 1.5.1. PERSONNEL: ............................................................................................................................................... 5 1.6. RESPIRATORY PROTECTION: ........................................................................................................................ 5 1.6.1. GENERAL: ..................................................................................................................................................5 1.6.2. RESPIRATORS FOR ABATEMENT OPERATIONS:................................................................................5 1.7. WORKER PROTECTION: .................................................................................................................................. 6 1.7.1. TRAINING PRIOR TO ENGAGING IN ABATEMENT WORK: .............................................................6 ' 1.7.2. MEDICAL EXAMINATIONS: ...................................................................................................................6 1.7.3. PROTECTIVE CLOTHING: .......................................................................................................................6I 1.7.4. ENTERING AND EXITING PROCEDURES: ............................................................................................6 1.7.5. DECONTAMINATION PROCEDURES: ...................................................................................................7 1.7.6. LIMITATIONS WITHIN WORK AREA: ...................................................................................................8 1.8. DECONTAMINATION FACILITIES: ................................................................................................................ 8 1.8.1. DESCRIPTION: ...........................................................................................................................................8 1.8.2. GENERAL REQUIREMENTS: ...................................................................................................................8 1.8.3. TEMPORARY UTILITIES TO PDF AND EDF:........................................................................................8 1.8.4. DECONTAMINATION FACILITIES (DF):...............................................................................................9 1.9. NEGATIVE PRESSURE FILTRATION SYSTEMS: .......................................................................................... 9 "r 1.9.2. PRESSURE DIFFERENTIAL: ....................................................................................................................9 1.9.3. MONITORING: ...........................................................................................................................................9 1.9.4. TESTING THE SYSTEM: ...........................................................................................................................9 1.9.5. DEMONSTRATION OF NEGATIVE AIR SYSTEM OPERATION: ........................................................9 1.9.6. USE OF SYSTEM DURING ABATEMENT OPERATIONS: .................................................................. 10 1.9.7. DISMANTLING THE SYSTEM: ..............................................................................................................10 1.10. CONTAINMENT BARRIERS AND COVERINGS OF WORK AREA: ....................................................... 10 1.10.1. GENERAL: ..............................................................................................................................................10 1.10.2. PREPARATION PRIOR TO SEALING OFF: ........................................................................................10 1.10.3. CONTROL ACCESS TO WORK AREA: ...............................................................................................11 1.10.4. CRITICAL BARRIERS: ..........................................................................................................................11 " 1.10.5. PRIMARY BARRIERS: 1.10.6. EXTENSION OF WORK AREA: ............................................................................................................11 1.10.7. SECONDARY BARRIERS: ..................................................................................................................... 12 1.11. MONITORING, INSPECTION AND TESTING: ........................................................................................... 12 .. 1.11.1. GENERAL:...............................................................................................................................................12 1.11.2. OUTLINE SCOPE OF SERVICES OF THE OWNER'S CONSULTANT: ............................................. 12 1.11.3. MONITORING, INSPECTION AND TESTING BY ABATEMENT CONTRACTOR: .......................13 1.11.4. ANALYSIS: ............................................................................................................................................... 14 M0 2.1. PREABATEMENT ACTIVITIES: ..................................................................................................................... 14 2.1.1. PREABATEMENT MEETING: ................................................................................................................14 2.1.2. PREABATEMENT INSPECTION AND PREPARATIONS ...................................................................... 14 2.1.3. PREABATEMENT CONSTRUCTION AND OPERATIONS: ................................................................. 15 2.2. REMOVAL OF ACM AND ACE: ..................................................................................................................... 15 2.2.1. WETTING MATERIALS: .......................................................................................................................... 15 2.2.2. SITE PREPARATION: ................................................................................................................................ 16 2.2.3. PERSONAL PROTECTION: ....................................................................................................................... 16 2.2.4. THERMAL SYSTEM INSULATION: ........................................................................................................ 16 .. 2.2.6 WALL AND CEILING TEXTURE..............................................................................................................20 2.3. DISPOSAL OF ACM AND ACE WASTE MATERIAL: ................................................................................. 21 2.3.1. GENERAL: ................................................................................................................................................21 2.3.2. PROCEDURES: .......................................................................................................................................... 22 MW 2.4. PROJECT DECONTAMINATION: .................................................................................................................. 22 2.4.1. GENERAL: .................................................................................................................................................. 21 2.4.2. WORK AREA CLEARANCE: ..................................................................................................................22 2.4.3. WORK DESCRIPTION: .............................................................................................................................. 22 .. 2.4.4. PRE -DECONTAMINATION CONDITIONS: ............................................................................................ 22 2.4.5. FIRST CLEANING: ...................................................................................................................................23 2.4.6. SECOND CLEANING:...............................................................................................................................2J .� 2.4.7. PRE -CLEARANCE INSPECTION AND TESTING: ...............................................................................23 2.4.8. LOCK -BACK ENCAPSULATION: ..........................................................................................................2J 2.5. FINAL AIR CLEARANCE TESTING...............................................................................................................23 2.5.1. GENERAL: ................................................................................................................................................23 2.5.2. FINAL TESTING:.......................................................................................................................................2) 2.5.3. FINAL TESTING PROCEDURES: ...........................................................................................................24 2.5.4. SCHEDULE OF AIR SAMPLES WITH PCM:..........................................................................................24 2.5.5. LABORATORY TESTING FOR PCM:....................................................................................................2$ aw 2.5.7. FINAL AIR TESTING REQUIREMENTS:...............................................................................................2$ 2.6. ABATEMENT CLOSEOUT AND CERTIFICATE OF COMPLIANCE: ........................................................ 2$ 2.6.1. COMPLETION OF ABATEMENT WORK: .............................................................................................2$ 2.6.2. CERTIFICATE OF COMPLETION BY CONTRACTORS: ....................................................................20 AppendixA ........................................................................................................................................................27 Attachments.............................................................................................................................................................27 CERTIFICATE OF COMPLETION......................................................................................................................... I AppendixB................................................................................................................................................................I Appendix A: Attachments Appendix B: Specification Drawings ASBESTOS REMOVAL PART 1 - GENERAL SECTION, ASBESTOS REMOVAL SPECIFICATIONS 1.1. SUMMARY OF THE WORK 1.1.1. CONTRACT DOCUMENTS AND RELATED REQUIREMENTS: General provisions of the contract, including general and supplementary conditions, apply to the work of this section. The contract documents show the work of the contract and related re- quirements and conditions impacting the project. Related requirements and conditions include applicable codes and regulations, notices and permits, existing site conditions and restrictions on use of the site, requirements for partial owner occupancy during work, coordination with other work and phasing of work. Whenever there is a conflict or overlap of the above refer- ences, the more stringent provisions apply. 1.1.2. EXTENT OF WORK. A brief summary of the extent of the work and non -binding to the contract documents is as fol- lows: BASE BID: Removal and disposal of asbestos -containing materials (ACM) and asbestos -contaminated elements (ACE) utilizing wet methods within full, negative -pressure containments equipped with HEPA ventilation from specified areas of the buildings. The following asbestos- containing ma- terials (ACM) will be removed at the property where applicable. Floor tile and mastic Throughout the building 25,383 SF Sheetrock Joint Complund Throughout the building 110,140 SF The Work Area will be inclusive of the locations and the quantities noted above, in the attached drawings, and as directed by a representative of IHST. The Work may be broken down into multiple Work Areas at the discretion of the Contractor. However, the Contractor will receive no additional time to perform the work on the basis of hav- ing multiple Work Areas and associated Cleaning Sequences. The Contractor will be responsible for the removal and disposal of the asbestos -containing ma- terial and asbestos -contaminated materials in accordance with Texas Department of State Health Services (TDSHS), OSHA 29 CFR 1926.1101, Asbestos Hazard Emergency Response Act (AHERA) 40 CFR Part 763, and the National Emission Standards for Hazardous Air Pollut- ants (NESHAP) Regulations 40 CFR Part 61. The CONTRACTOR shall be responsible for verifying existing site conditions and determining the quantity of ACM delineated for removal prior to abatement described in these specifications and associated drawings. y, K 'V--DSHS License 10-5040 Expires 12-31-11 Page 1 • P ASBESTOS REMOVAL 1.1.3. TASKS: The work, located at the facility, is summarized briefly as follows: The PROJECT requires the removal of the materials outlined in Section 1.1.2. The asbestos abatement will be performed in accordance with these specifications and procedures as out- lined. Asbestos Removal within full Containment: The Contractor will use wet methods for all re- moval operations. The Contractor is responsible for prompt clean-up and disposal of waste and debris contaminated with asbestos in leak tight containers. The Contractor will conduct a wet decontamination of equipment and tools before final clearance sampling in the work area. The Contractor will use the existing interior walls and ceilings in the buildings to provide struc- tural support for an asbestos containment work area provided the containment remains sound and is not in danger of collapse. The Contractor will establish critical barriers over all openings into the work area. ACM debris should be adequately wetted prior to establishing perimeter critical barriers. The Contractor will remove the asbestos -containing material from the work area. The full containment design must be structurally sound so that it will not collapse under negative pressure and work conditions. A structurally unsound containment design will not be ac- cepted. The full containment design will consist of one (1) layer of 6-mil polyethylene sheeting for all critical barriers, floors and walls. Two layers of polyethylene sheeting will be required on walls and floors not affected by the abatement Polyethylene sheeting shall meet the requirements in accordance with current TDSHS rules. The Contractor must establish negative air into the containment and maintain a pressure differential of -0.02 inches of water as indicated by a working manometer. The transite on the exterior of the building can be removed in whole sections with a drop cloth under the transite After the ACM has been removed and the work area cleaned, a detailed visual clearance in- spection will be conducted to determine if ACM or asbestos -contaminated elements (ACE) re- main prior to final clearance and work completion. OSHA personnel and area monitoring will be conducted with analysis by (PCM). Final air clearance sampling will be conducted utilizing PCM. Respiratory protection will require half -face, air -purifying respirators (APR) with NIOSH- approved P-100 (HEPA) cartridges during removal. The CONTRACTOR is responsible to verify site conditions and estimated quantities of ACM to be removed. yvo�-4� 64a*140__DSHS License 10-5040 Expires 12-3111 Page 2 ASBESTOS REMOVAL 1.1.4. CONTRACTORS USE OF PREMISES: Cooperate fully with the Owner's Representative to minimize conflicts and to facilitate Owner's safe and smooth usage of buildings. Perform the work in accordance with specifications, draw- ings, and phasing plan. Use existing facilities in building strictly within the limits shown in contract documents and the approved pre -abatement plan of action. 1.2. DIFFERING SITE CONDITIONS: The quantities and location of ACM indicated on the drawings and the extent of work included in this section are only best estimates which can be limited by the physical constraints imposed by structural enclosures or by occupancy of the building. 1.3. STOP ASBESTOS REMOVAL: If the Owner's Representative presents a written Stop Asbestos Removal Order, immediately stop all asbestos removal and initiate fiber reduction activities. Do not resume asbestos removal until authorized in writing by Owner's Representative. A Stop Asbestos Removal Order will be issued at any time the Owner or Owner's Representative determines abatement conditions are not within specifications requirements. Stoppage will continue until conditions have been cor- rected. Standby time and cost required for corrective action is at Contractor's expense. The occurrence of the following events will be reported in writing to the Owner's Representative and will require the Contractor to automatically stop asbestos removal and initiate fiber reduction activities: A. Excessive airborne fibers outside containment area (0.01 f/cc or greater). B. Break in containment barriers. C. Loss of negative air pressure (at or above 0.01 inches of water) D. Serious injury within the containment area. E. Fire and safety emergency -- F. Respiratory system failure. G. Power failure. H. Excessive airborne fibers inside containment area (0.1 f/cc or greater when wet methods are employed). .. 1.4. CODES AND REGULATIONS: 1.4.1. GENERAL APPLICABILITY OF CODES, REGULATIONS AND STANDARDS: Except to the extent that more explicit or more stringent requirements are written directly into the contract documents, all applicable codes, regulations, and standards have the same force and effect (and are made a part of the contract documents by reference) as if copied directly into the contract documents, or as if published copies are bound herewith. Page 3 ASBESTOS REMOVAL 1.4.2. CONTRACTOR RESPONSIBILITY: The Asbestos Abatement Contractor will assume full responsibility and liability for the compli- ance with all applicable federal, state, and local regulations pertaining to work practices, hauling and disposal of ACM and ACE, and protection of workers, visitors to the site, and persons oc- cupying areas adjacent to the site. Contractor is responsible for providing medical examinations and maintaining medical records of personnel as required by the applicable federal, state, and local regulations. Contractor will hold the Owner and Consultants harmless for failure to comply with any applicable work, hauling, disposal, safety, health or other on the part of himself, his employees, or his subcontractors. Contractor incurs all costs to comply with OSHA regulations. The Abatement Contractor will determine the applicability of any process patents he/she may be employing and be responsible for paying any fees, royalties or licenses that may be required for the use of patented processes. 1.4.3. STATE REQUIREMENTS: State requirements which govern asbestos abatement work or hauling and disposal of asbestos waste materials include but are not limited to the following: Texas Department of State Health Services, Texas Asbestos Health Protection Act, as amended, Chapter 1954, Texas Occupations Code, effective June 1, 2003, formerly Texas Civil Statutes, Article 4477-3a. 1.4.4. LOCAL REQUIREMENTS: The Contractor is responsible to comply with all applicable local requirements regarding asbes- tos abatement activities. 1.4.5. NOTICES: STATE OF TEXAS, TEXAS DEPARTMENT OF STATE HEALTH SERVICES Send Written Notification as required by the State of Texas,Texas Asbestos Health Protection Act, as amended, Chapter 1954, Texas Occupations Code, effective June 1, 2003, formerly Texas Civil Statutes, Article 4477-3a. Send at least 10 working days prior to asbestos abate- ment activities to the following address: Texas Department of State Health Services Toxic Substances Control Division Asbestos Programs Branch P.O. Box143538 Austin, Texas 78714-3538 512-834-6600 or 1-800-572-5548 The notifications must be completely filled out. In the event that a section is not applicable to the project, the section must be marked as not applicable. Copies of the Texas Department of State Health Services and other notifications will be submit- ted to the Owner for the facility's records in the same time frame that notification is given to EPA, state, and local authorities. In the event of a change in the starting date the Contractor will Page 4 ASBESTOS REMOVAL notify regulatory agencies in accordance with the Texas Department of State Health Services (Texas Civil Statutes, Article 4477-3a, Section 12) asbestos regulations. 1.4.6. PERMITS: The Contractor will be responsible for any permits. 1.4.7. LICENSES: Maintain current licenses as required by the Texas Department of State Health Services Rules as adopted under Texas Civil Statutes, Article 4477-3a, Section 12 for the removal, transporting, disposal or other regulated activity relative to the work of this contract. 1.4.8. POSTING AND FILING OF REGULATIONS: Maintain two (2) copies of applicable federal, state and location regulations. Post one copy of each at the job site where workers will have ready, easy and daily exposure to the text. Keep on file in Contractor's office one copy of each. 1.5. PROJECT COORDINATION: Minimum administrative and supervisory requirements necessary for coordination of work on the project are personnel, contingency arrangements and security. 1.5.1. PERSONNEL: Administrative and Supervisory Personnel: will consist of a qualified general superintendent, and appropriate number of qualified or competent foremen to complete abatement within con- tract time. Non -Supervisory Personnel: An adequate number of qualified personnel will be able to meet the schedule requirements of the project. 1.6. RESPIRATORY PROTECTION: 1.6.1. GENERAL: Provide respiratory protection in accordance with these specifications, the OSHA regulations 29 CFR 1910.1001, 29 CFR 1910.134 and 29 CFR 1926.1101, EPA regulations 40 CFR 763.120, 121, ANSI standards Z88.2-1980, CGS Pamphlet G-7 and specification G-7.1, the NIOSH and MSHA standards and the Texas Department of State Health Services Protection Rules. In case of conflict, the most stringent requirements are applicable for this project. 1.6.2. RESPIRATORS FOR ABATEMENT OPERATIONS: Where a person is or could reasonably be expected to be exposed during abatement operations to airborne asbestos above 0.1 f/cc or where ACM debris is visible, the following maximum level of respiratory protection is required: If it is reasonably anticipated that fiber counts generated during abatement will not exceed the protection factor of a half -face respirator, and this can be verified Page 5 ASBESTOS REMOVAL by on -site fiber counts, a half -face respirator may be used. If verification cannot be made, a full face PAPR must be used. PAPR must be used for friable surfac- ing or thermal system insulation removal until fiber counts are confirmed consis- tently below the PEL and STEL. Head coverings: PAPR respirators will be equipped with full facepieces. Full facepieces will be worn with either a bonnet -type disposable head cover/hood or with a full head cover/hood which is part of a fully encapsulating protective garment. Respirator straps will be located under the hoods. This allows removal of the head covering prior to showering without disturbing the respi- rator (which is worn into the shower). Exemptions from maximum respiratory protection during abatement operations: When the abatement contractor has demonstrated to the Owner's satisfaction that levels of airborne as- bestos fibers in the work area are consistently below 0.1 f/cc, a full facepiece or half face respi- rator with HEPA cartridges may be used. The Certified Industrial Hygienist will determine if a lesser form of respiratory protection may be used. 1.7. WORKER PROTECTION: 1.7.1. TRAINING PRIOR TO ENGAGING /N ABATEMENT WORK: Train workers in accordance with OSHA 29 CFR 1926.1101 and the Texas Asbestos Health Protection Rules and this section. Workers will be trained and be knowledgeable on the follow- ing topics: Methods of recognizing ACM; health effects of asbestos exposure; effects of smok- ing and asbestos exposure; activities that could result in hazardous exposures; protective con- trols, practices and procedures to minimize exposure including engineering controls, work prac- tices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamina- tion procedures, emergency procedures and waste transportation and disposal; review OSHA 29 CFR 1910.134 for respirators; medical surveillance program; review OSHA 29 CFR 1926.1101, and for air monitoring, personnel and area; review this section of the project specifi- cations. 1.7.2. MEDICAL EXAMINATIONS: Provide medical examinations for all workers and any other employee entering the work area per OSHA 29 CFR 1926.1101 regardless of exposure levels. 1.7.3. PROTECTIVE CLOTHING: Provide boots, safety glasses and gloves for all workers. Equipment will meet OSHA require- ments for personal protection. Provide all persons entering the work area with disposable full body coveralls, disposable head covers and rubber boots. 1.7.4. ENTERING AND EXITING PROCEDURES: Provide worker protection per most stringent applicable requirements. Provide as a minimum the following: Page 6 ASBESTOS REMOVAL Ensure that each time workers enter the work area, they remove all street clothes in the chang- ing room of the personnel decontamination unit and put on new disposable coveralls, new head covers, and clean respirators, then proceed through shower room to equipment room, and put on work boots. 1.7.5. DECONTAMINATION PROCEDURES: Require all workers to adhere to the following personal decontamination procedures whenever they leave the work area of a full decontamination unit: Three -stage Wet Decontamination: Require that all workers use the following decontamination procedure as a minimum require- ment whenever leaving the work area: 1 When exiting work area, remove disposable coveralls, and all other clothes disposable head covers, and disposable footwear covers or boots in the equipment room. 2. Still wearing respirators, and completely naked proceed to showers. Showering is man- datory. Care must be taken to follow reasonable procedures in removing the respirator to avoid asbestos fibers while showering. The following procedure is required as a minimum: a. Thoroughly wet body including hair and face. If using a Powered Air -Purifying Respi- rator (PAPR) hold blower unit above head to keep canisters dry. b. With respirator still in place thoroughly wash body, hair, respirator face piece, and all parts of the respirator except the blower unit and battery pack on a PAPR. Pay par- ticular attention to clean seal between face and respirator and under straps. c. Take a deep breath, hold it and/or exhale slowly, completely wet hair, face, and respi- rator. While still holding breath, remove respirator and hold it away from face before starting to breath. 3. Carefully wash facepiece of respirator inside and out. If using PAPR, shut down in the following sequence, first cap inlets to filter cartridges, then turn off blower unit (this se- quence will help keep debris which has collected on the inlet side of filter from dislodging and contaminating the outside of the unit). Thoroughly wash blower unit and hoses. Carefully wash battery pack with wet rag. Be extremely cautions of getting water in bat- tery pack as this will short out and destroy battery. 4. Shower completely with soap and water. Rinse thoroughly. 5. Rinse shower room walls and floor prior to exit. 6. Proceed from shower to Changing Room and change into street clothes or into new dis- posable work items. Air Purifying -Negative Pressure Respirators: Require that all workers use the following decontamination procedure as a minimum require- ment whenever leaving the work area with a full face cartridge type respirator: 1. When exiting area, remove disposable coveralls, and all other clothes disposable head - covers, and disposable footwear covers or boots in the equipment room. 2. Still wearing respirators and completely naked, proceed to showers. Showering is man- datory. Care must be taken to follow reasonable procedures in removing the respirator and filters to avoid asbestos filters while showering. The following procedure is required as a minimum: a. Thoroughly wet body from neck down. Page 7 ASBESTOS REMOVAL Wet hair as thoroughly as possible without wetting the respirator filter if using an air purifying type respirator. b. Take a deep breath, hold it and/or exhale slowly, complete wetting of hair, thoroughly wetting face, respirator and filter (air purifying respirator). While still holding breath, remove respirator and hold it away from face before starting to breath. .+ 3. Dispose of wet filters from air purifying respirator. 4. Carefully wash facepiece of respirator inside and out. 5. Shower completely with soap and water. Rinse thoroughly. 6. Rinse shower room walls and floor prior to exit. 7. Proceed from shower to Changing Room and change into street clothes or into new disposable work items. 1.7.6. LIMITATIONS WITHIN WORK AREA: Ensure that workers do not eat, drink, smoke, chew gum or tobacco, or in any way break the protection of the respiratory protection system in the work area. 1.8. DECONTAMINATION FACILITIES: 1.8.1. DESCRIPTION: Provide each work area with separate personnel decontamination facility (PDF) and equipment decontamination facility (EDF). Ensure that the PDF is the only means of ingress and egress for the work area and that all equipment, bagged waste material and other material exit the work area only through the EDF or the PDF. 1.8.2. GENERAL REQUIREMENTS: All persons entering and exiting the work area will follow the entry and exit procedures required .. by the applicable regulations and these specifications. Process all equipment and material exit- ing the work area through the EDF or PDF and decontaminate as required by the specifications. Construct walls and ceilings of PDF and EDF airtight with at least 6 mil polyethylene sheeting and attach to existing building components or to a temporary framework. The EDF and PDF may be combined if the size of the work area will not permit both. Use a minimum of two layers of 6-mil opaque polyethylene to cover floor under PDF. Construct doors from overlapping polyethylene sheets so that they overlap adjacent surfaces_ Weight sheets at bottom so that they quickly close after release. Put arrows on sheets showing direc- tion of overlap and travel. 1.8.3. TEMPORARY UTILITIES TO PDF AND EDF: Provide temporary water service connection to the PDF and the EDF. Provide backflow protec- tion at the point of connection to the Owner's system. Water supply must be properly pressured and temperature balanced at shower discharge. Pro - am vide adequate temporary electric power with ground fault protection and overhead wiring throughout the PDF and the EDF. Provide a sub -panel for all temporary power in changing room. ow 40 Page 8 me ASBESTOS REMOVAL Provide adequate lighting to reach 50 foot candles throughout PDF and EDF. Provide temporary heat to maintain 70OF throughout the PDF and EDF except that the shower of the PDF will be maintained at 75°F. 1.8.4. DECONTAMINATION FACILITIES (DF): Provide a PDF consisting of serial arrangement of clean room, showers room and equipment room. Provide adequately sized DF to accommodate the number of employees scheduled for the project. The center chamber of the three chamber DF will be fitted with as many portable walk through shower stalls as necessary so that all employees will be able to go through the entire decontamination procedure within 15 minutes. Construct DF of opaque or colored poly- ethylene for privacy. Construct DF so that it will not allow for parallel routes of exit without showering. 1.9. NEGATIVE PRESSURE FILTRATION SYSTEMS: The Asbestos Abatement Contractor will provide enough HEPA-filtered negative air units to completely exchange the work air four (4) times per hour. Contractor will demonstrate the num- ber of units needed per work area for 4 room air changes by calculating the volume flow rate (cfm) delivered by each unit under 2" pressure drop across filters. Provide at least one standby unit in the event of a machine failure or emergency such as contamination in surrounding non - work area. When a pressure differential system is selected provide enough HEPA filtration units to filter and recirculate the air in the work area at a rate of four (4) room air changes per hour. 1.9.2. PRESSURE DIFFERENTIAL. Provide a fully operational negative air system within the work area continuously maintaining a pressure differential across work area enclosures of -0.02 inches of water. Demonstrate to the Owner's Representative the pressure differential by use of a pressure differential meter or a manometer, before disturbance of any asbestos containing materials. This pressure differential will be used for either negative air system or pressure differential system. 1.9.3. MONITORING: Continuously monitor and record the pressure differential between the work area and the build- ing outside of the work area with a monitoring device incorporating a strip chart recorder. Make the strip chart record part of the project log. 1.9.4. TESTING THE SYSTEM: .. Test negative -pressure system before any ACM is wetted or removed. After the work area has been prepared, the decontamination facility set up, and the exhaust unit(s) installed, start the unit(s) (one at a time). Demonstrate operation and testing of negative -pressure system to the Owner's Representative. .. 1.9.5. DEMONSTRATION OF NEGATIVE AIR SYSTEM OPERATION: Page 9 ASBESTOS REMOVAL Demonstrate the operation of the negative -pressure system to the Owner's Representative to include, but not be limited to, the following: 1. Demonstrate pressure differential system will maintain -0.02" of water. 2. Emergency shutoff will operate in case of fire. 1.9.6. USE OF SYSTEM DURING ABATEMENT OPERATIONS: Start exhaust units before beginning work (before any ACM is disturbed). After abatement work has begun, run units continuously to maintain a constant negative -pressure until decontamina- tion of the work area is complete. Do not turn off units at the end of the work shift or when abatement operations temporarily stop. Do not shut down negative air system during abatement operations procedures, unless author- ized by the Owner's Representative in writing. The systems may be shut down daily if air moni- toring in the containment shows airborne levels of less than 0.01 fibers/cc. Start abatement work at a location farthest from the exhaust units and proceed toward them. If an electric power failure occurs, immediately stop all removal work and do not resume until power is restored and all exhaust units are operating again. At completion of abatement work, allow exhaust units to run as specified under this section, to remove airborne fibers that may have been generated during abatement work and cleanup and to purge the work area with clean makeup air. Units may be required to run after decontamina- tion, if dry or only partially wetted asbestos material was encountered during any abatement work. 1.9.7. DISMANTLING THE SYSTEM: When a final inspection and the results of the final air tests indicate that the area has been de- contaminated, exhaust units may be removed from the work area. Before removal from the work area, remove and properly dispose of pre -filters, and seal intake to the machine with 6-mil polyethylene to prevent environmental contamination from the pre -filters. 1.10. CONTAINMENT BARRIERS AND COVERINGS OF WORK AREA: 1.10.1. GENERAL. Seal off perimeter of work area to completely isolate abatement areas and to contain all air- borne asbestos contamination created by abatement work. Cover all surfaces of the work area to protect them from cross contamination, to facilitate more efficient cleanup, and to protect the finishes from the asbestos abatement work. Should the area beyond the seal off limits become contaminated as a consequence of the work, clean those areas in accordance with procedures described in this section at no additional cost. 1.10.2. PREPARATION PRIOR TO SEALING OFF: Place all tools, staging, etc. necessary for the work in the area to be isolated prior to erection of temporary plastic sheeting enclosure. Disable ventilating systems or any other system bringing ,., air into or out of the work area. Disable system utilizing positive means that will prevent acci- Page 10 .r ASBESTOS REMOVAL dental premature restarting of equipment, i.e., disconnecting wires, removing circuit breakers, lockable switch, etc. 1.10.3. CONTROL ACCESS TO WORK AREA: Permit access to the work area only through the DF. All other means of access will be closed off and sealed and warning signs displayed on the clean side of the sealed access. Where the work area is immediately adjacent to or within view of occupied areas, provide a visual barrier of opaque polyethylene sheeting at least 6-mil in thickness so that the work procedures are not visible to building occupants. Where the area adjacent to the work area is accessible to the public, construct a barrier of plywood or other suitable material at least eight feet (8') in height that is able to withstand the negative pressure as specified. Post warning signs at each visual and physical barrier per OSHA requirements. Alternate method of containing the work area or different definition of the limits of seal -off from the one shown on the drawings may be submitted to the Owner's Representative for approval in accor- dance with this section. Do not proceed with any such alternatives without prior written approval by the Owner's. 1.10.4. CRITICAL BARRIERS: Completely separate the work area from other portions of the building, and the outside by sheet polyethylene barriers at least 6 mil in thickness and sealing with duct tape. Individually seal all ventilation openings (supply and exhaust), lighting fixtures, doorways, windows, and other open- ings into the work area with duct tape alone and with polyethylene sheeting at least 6-mil in thickness, taped securely in place with duct tape. Maintain seal until all work including project decontamination is completed. Take care in sealing off lighting fixtures to avoid melting or burn- ing of sheeting. Provide sheet plastic barriers at least 6-mil in thickness as required to com- pletely seal openings from the work area into adjacent areas. Seal the perimeter of all sheet plastic barriers with duct tape or spray cement. 1.10.5. PRIMARY BARRIERS: The primary barrier of the full containment walls will consist of a minimum of Primary barriers for full containment shall consist of two (2) layers of minimum 4-mil polyethylene sheeting for the walls securely anchored from the floors to the ceiling. The containment for the removal of the linoleum flooring will require a minimum 4-mil polyethylene sheeting for the ceiling. Polyethylene sheeting shall meet ASTM requirements in accordance with TDSHS regulations. Visible open- ings observed along the perimeter walls and the ceiling shall be completely sealed polyethylene sheeting and the wall corners of the containment should be attached with an overlap of at least twelve inches. The primary barrier construction should form an airtight, impermeable, perma- nent barrier around the ACM and ACM debris to contain the release of asbestos fibers into the air. 1.10.6. EXTENSION OF WORK AREA: If the enclosure barrier is breached in any manner that could allow the passage of asbestos de- bris or airborne fibers, then where possible, add affected area to the work area. Enclose it as required by this Section of the specification and decontaminate it as described elsewhere in this section. If contaminated area cannot be added to work area, decontamination measures will Page 11 ASBESTOS REMOVAL start immediately after contamination is discovered and work will stop in work area. Decontami- nation procedures will continue until exposure returns to background levels. 1.10.7. SECONDARY BARRIERS: Secondary barriers should be established in areas to separate any non -related work activity from the abatement containment to prevent dust or debris from potentially contaminating fresh air (make-up air) into the containment or regulated asbestos removal area. 1.11. MONITORING, INSPECTION AND TESTING: 1.11.1. GENERAL: Perform throughout abatement work monitoring, inspection and testing inside the work area in accordance with OSHA requirements and these specifications. I.H. Technician will continuously inspect and monitor conditions inside the work area to ensure compliance with these specifica- tions. In addition, the I.H. will personally manage air sample collection, analysis and evaluation for personnel and work area samples to satisfy OSHA requirements. Additional inspection and ' testing requirements are specified in other parts of this section. am no The Owner will employ a Certified Industrial Hygienist (C.I.H.) representative to perform various services on behalf of the Owner. The C.I.H. representative or representative under the direction of a C.I.H. will perform the necessary monitoring, inspection, testing and other support services to ensure that the Owner, employees and visitors will not be adversely impacted by the abate- ment worked, and that the abatement work proceeds in accordance with these specifications, that the abated areas or abated buildings have been successfully decontaminated. The work of the C.I.H. representative in no way relieves the abatement Contractor from his responsibility to perform his work in accordance with contract documents, to perform continuous inspection, monitoring and testing for the safety of his employees, and to perform other such services as specified in this section. The cost of the CIH representative and his services will be born by the Owner except for repeated final inspection and testing that may be required due to unsatisfac- tory initial results. These repeated final inspections and testing, if required, will be paid for by the Contractor. The Asbestos Abatement Contractor may request confirmation of above results. This request must be in writing and submitted to the Owner's Representative. Cost for the confirmation of re- sults will be born by the Contractor for both the collection and analysis of samples and for the time delay that may result for this confirmation. Confirmation sampling and analysis will be the responsibility of the Contractor with review and approval by the C.I.H. 1.11.2. OUTLINE SCOPE OF SERVICES OF THE OWNER'S CONSULTANT: The purpose of the work of the Owner's Representative is to: assure quality, resolve problems, and prevent the spread of contamination beyond the work area. In addition, the consultants work include performance of final inspection and testing to determine whether a space or a building has been adequately decontaminated. All air monitoring is to be done utilizing PCM Page 12 ASBESTOS REMOVAL sampling procedures with final clearance to be performed by TEM. The Owner's Representa- tive will perform the following tasks: TASK 1 - Establish background levels before abatement work will start. This will in- clude taking background samples (at least 3) and retaining samples for pos- sible TEM analysis. TASK 2: Perform continuous air monitoring, inspection and testing outside the work area during actual abatement work area. In addition, the Owner's Represen- tative will be required to detect any faults in the work area isolation and any adverse impact of surroundings from work area activities. TASK 3: Perform unannounced site visits to spot check overall compliance of work with contract documents. These visits may include any inspection, monitoring and testing inside and outside the work area and all aspects of operation ex- cept personnel monitoring. TASK 4: Provide support to the Owner such as evaluation of submittals from the abatement contractor, resolution of unforeseen developments in abatement work, etc. TASK 5: Perform final inspection and testing of a decontaminated area or building at the conclusion of the abatement and cleanup work to certify compliance with Owner's decontamination standards. TASK 6: Issue certificate of decontamination for each area or building and a final project report. TASK 7: The Owner's Representative will have authority to require building materials to be removed and disposed of as ACM waste where visible ACM debris is pre- sent. All data, inspection results and testing results generated by the Owner's Representative will be available to the Contractor for information and consideration. Contractor will provide coopera- tion and support to the Owner's Representative for efficient and smooth performance of their work. Monitoring and inspection results of the Owner's Representative will be used by the Owner to issue any Stop Asbestos Removal Orders to the contractor during abatement work and to ac- cept or reject an area or a building as decontaminated. The Owner's Representative will make available to the Contractor the plan for sample collection and analysis for continuous monitoring outside the work areas and the plan of final inspection and testing for each space or building prior to executing each plan. Plan will include location for samples, name and qualification of person taking samples, whether on site analysis and/or lab analysis will be utilized, methodol- ogy of analysis, lab information and qualifications of on -site analyst. 1.11.3. MONITORING, INSPECTION AND TESTING BY ABATEMENT CONTRACTOR: no The Contractor is responsible for managing all monitoring, inspection and testing required by these specifications and the OSHA requirements. The analytical laboratory that will be used by the Contractor to analyze the samples will be AIHA P.A.T. Accredited and Texas Department of State Health Services Licensed. Keep a daily log of personnel samples taken and analyzed and make log available to the Owner's Representa- tive. Log will contain information on the persons sampled, the date of sample collection the time of sample start and finish, flow rate, sample volume and fibers/cc. Take and analyze personnel Page 13 ASBESTOS REMOVAL samples for at least 25% of the workers in each shift, but not less than two where active abate- ment takes place. 1.11.4. ANALYSIS: Bulk samples (if required) will be analyzed at a laboratory that is Accredited by the National Vol- untary Laboratory Accreditation Program (NVLAP). Proof of accreditation must be submitted prior to the project start date. Polarized light microscopy will be used to analyze bulk samples. Air samples will be analyzed by an individual participating in the American Industrial Hygiene Association's (AIHA) Proficiency Analytical Testing Program. In addition to the continuous monitoring required, the Owner's Representative will perform in- spection and testing at the final stages of abatement for each work area or building as specified elsewhere in this section. 1.12.5. SUBMITTALS AT COMPLETION OF ABATEMENT: The Contractor will submit a final project report consisting of the daily log book and the docu- mentation of events during abatement including the original disposal manifests signed by the operator of licensed landfill. The project report will include a certificate of completion, dated and signed by the Contractor. All certificates and original disposal manifests are due to the Owner's Representative office within 30 (thirty) days after completion of abatement work. PART 2 - EXECUTION 2.1. PREABATEMENT ACTIVITIES: 2.1.1. PREABATEMENT MEETING: The Owner's Representative, upon receipt, review and substantial approval of all preabatement submittals and upon verification that all material and equipment required for the project are on site, will arrange for a preabatement meeting between the Asbestos Abatement Contractor, su- perintendent and foremen and the Owner's Representatives. The purpose of the meeting is discuss any aspects of the submittals needing clarification or amplification and to discuss any aspects of the project execution and the sequence of operations. The Asbestos Abatement Contractor and his employees will be prepared to provide any sup- plemental evidence and information to the Owner's Representative pertaining to any aspects of the submittals or the materials and equipment. No abatement work of any kind described in the following provisions of these specifications will be initiated prior to the preabatement meeting. 2.1.2. PREABATEMENT INSPECTION AND PREPARATIONS: Before any work begins on the containment barriers, the contractor will: 1. Conduct a space -by -space inspection with an authorized Owner's Representative, and prepare a written inventory of all existing damage in those spaces where asbestos re- moval work will occur. Still or video photography may be used to supplement this written damage inventory. Documents will be signed and certified as accurate by both parties. .. Page 14 ON ASBESTOS REMOVAL 2. Ensure that all furniture, machinery, equipment, curtains drapes, blinds and other mov- able objects which the contractor is bound to remove from the work area have been re- moved or protected. 3. Notify the Owner's Representative of systems that need to be shut down as soon as practical in advance. The Owner's Representative will coordinate shutdown with Con- tractor and Owner's Facility Representative. The Owner's Facility Representative will perform and monitor shutdown as required by Contractor. a. Shutdown and seal off all heating, cooling, ventilating or other air handling systems serving the work area. The environment of the work area will be completely isolated from all other air flows in the building. Owner's Representative will monitor shut- down. b. Shut down all electrical circuits which pose a potential hazard on the job. Exact elec- trical arrangements will be tailored to the particular space and systems involved. All electrical circuits will be turned off at the box outside the removal area, not just the wall switch. Potential for electrical shock is a major threat to life in a work area where large amounts of water will be sprayed on ceilings, conduits, lighting fixtures and other electrical items. Electrical lines which are used to power work lights and equipment will conform to all electrical safety standards and will be protected by a ground fault interrupter. The Asbestos Abatement Contractor will be responsible for all OSHA lockout/tagout requirements. A copy of the Asbestos Abatement Contrac- tor's lockout/tagout program must be submitted for review prior to asbestos abate- ment operations. 2.1.3. PREABATEMENT CONSTRUCTION AND OPERATIONS: Perform all preparatory work for the first work area in accordance with the approved detailed work schedule. Execute the preparatory work in accordance with this specification. Upon completion of all preparatory work, the Owner's Representative will inspect the work and systems to assure work is in accordance with these Specifications. The Owner's Representa- tive may require that, upon satisfactory inspection, the Contractor's employees perform all major aspects of the approved SOP especially on worker protection, respiratory protection, contin- gency plans, decontamination procedures and monitoring to demonstrate satisfactory operation. The operating systems for respiratory protection and negative pressure air systems will be demonstrated for performance. Upon satisfactory inspection of the installation and systems and satisfactory demonstration of operations the Owner's Representative will notify the Contractor to proceed with abatement work. 2.2. REMOVAL OF ACM AND ACE: 2.2.1. WETTING MATERIALS: The Asbestos Abatement Contractor will adequately wet and remove all ACM as follows: 1. Spray wetting agent on the asbestos containing materials. 2. After wetting and removal, seal all ACM waste in leaktight two layers of 6-mil polyethyl- ene while wet. For waste material not fitting into containers without additional breaking, put material into leaktight wrapping. Page 15 No ASBESTOS REMOVAL 3. Label containers and wrapped material using warning labels as specified by OSHA 29 CFR 1910.1001 or 1926.1101 and the NESHAPS regulations. 4. For ACM being transported off the facility site, label ACM waste containers and wrapped material with the name of the waste generator and the location where the waste was generated. 2.2.2. SITE PREPARATION: Erect critical barriers at all doors and windows entering the regulated areas. This project will be conducted by establishing critical barriers over all openings into the work area. A three stage wet decontamination unit will be erected for worker entrance and exit into the work area. The Contractor must establish negative air in the containment and maintain a pressure differential of -0.02 inches of water column pressure differential. 2.2.3. PERSONAL PROTECTION: One (1) layer of disposable clothing air -purifying respirators (PAPR) with NIOSH-approved HEPA cartridges shall be worn by all personnel during removal of the asbestos -containing ther- mal system insulation. Provide boots, safety glasses and gloves for all workers. Equipment will meet OSHA require- ments for personal protection. Provide all persons entering the work area with disposable full body coveralls, disposable head covers and rubber boots. 2.2.4. THERMAL SYSTEM INSULATION: The Contractor may remove the pipe insulation and elbows in a full containment or use a glove bag. If a glovebag is usued the procedures listed below will be used: The minimum crew size for a glovebag operation is two: one member performs the actual re- moval with "hands in the gloves" and the second directs the spray wand at the work. It is rec- ommended that three people be used. The third helps support the bag, makes sure tools and supplies are readily available, and is on hand in case of emergency. All crew members should be trained in the use of the glovebag. The Contractor will erect critical barriers and establish negative air filtration. Rope off work area and place warning signs. Bring the necessary materials into the work area. Have a HEPA vac- uum system available at all times. The HEPA vacuum will be used to establish negative air fil- tration inside of the glove bag. Make sure that possible contaminants in the area have been cleaned with the proper methods before beginning the glovebag procedure to avoid confusion concerning the source of the mate- rial. Wrap the adjacent pipe not to be enclosed in the glovebag with 6-mil plastic. Cover surfaces, such as the floor and walls, near the glovebag removal site with 6-mil plastic. Disposable clothing and full -face PAPR respirators will be worn be any person performing glovebag removal. If fiber counts generated during abatement do not exceed the protection fac- Page 16 ASBESTOS REMOVAL for of a half -face respirator during glovebag removal of TSI, and this can be verified by on -site PCM fiber counts, a half -face respirator may be used. Wrap duct tape around the insulation where the shoulders of the glovebag will be attached. Put the necessary tools in the pouch of the glovebag. Slit the glovebag as necessary to fit it over the pipe from which insulation is to be removed. Attach the glovebag to the previously applied duct tape at the shoulders. Fold the top edge of the bag between shoulders over on itself about an inch, then staple it about every two inches. Fold it again and tape the folded edge to the bag. Seal all joints with duct tape. Prepare the opening for the spray wand. If the manufactured location is not accessible, be sure to reinforce the bag with duct tape where the slit is to be made. Slit must be covered with rub- ber septum -like material that will seal after the wand is removed. Be sure the sprayer and bag are properly supported. The glovebag will have to have a smoke test to assure that the bag is sealed. Assemble the tube and bulb. Insert the tube into the slit prepared for the spray wand. Fill the bag with smoke and gently squeeze. Watch for leaks particularly at seams, joints, corners, and arms. Seal leaks with duct tape. Establish negative air filtration of the glovebag before any removal operations take place. Wet the covering of the insulation, keeping it wet through the entire operation, Remove any metal covering with the tin snips. Remove the outer covering of the insulation. This may expose wire that needs to be cut before proceeding. Be sure that sharp edges of metal and wire are folded inward to avoid puncturing the bag. It may be possible to further pro- tect the bag by packing insulation, which has already been removed from the pipe and placed at the bottom of the bag, around sharp edged material. Remove the insulation. If possible, remove sections as they were installed. Otherwise use the utility knife and/or the flex saw to cut out the section which is then pried off. Keep the insulation (especially newly exposed surfaces) wet during the procedure. As pieces of insulation are removed, lower them carefully to the bottom of the bag. Using the putty knife and the screwdriver, scrape any remaining residue from the pipe. Rinse the pipe while scraping. Clean the pipe with the scrub brush. Wipe all cleaned surfaces with a wet rag and put the rag in the bottom of the bag. Rinse and wipe the inside of the glovebag. Rinse and wipe the tools, then put them in the pouch. Develop a check list to inventory tools in the glovebag. Page 17 ASBESTOS REMOVAL Pull one arm out of the glovebag, inverting the glove in the process. With the other hand, place tools in the inverted glove. Grasp the remaining tools and place them in the other glove as the second arm is withdrawn. After the bag has been collapsed and the bottom twisted off, twist the gloves between the tool and the glovebag and wrap with tape for about four inches starting at the bag. Leave a tab and cut through the tape. Either transfer the glove to a new bag (if work is to continue) or open the bag under water and remove the tools, making sure they are free from debris. Remove the spray wand and insert the nozzle of the HEPA vacuum in the slit. Turn the vacuum on and run it long enough to collapse the bag. Twist the bag and wrap it with duct tape just below the gloves and remove the HEPA vacuum nozzle. Glovebags may only be used once and may not be moved. When the bag is finally to be removed from the pipe, fold the dirty side inward and put it in a 6- mil disposal bag. Seal the disposal bag. Inspect the sections of the pipe where the insulation has been removed. Remove any remain- ing material with a wet rag or the HEPA vacuum. Apply a coat of sealant to the pipe. Clean up any debris or water on the floor with wet rags and/or the HEPA vacuum. As in any asbestos related project, the work area should be kept free of debris. Any contamina- tion should be cleaned up immediately. When the work day is complete, (or as soon as the pro- ject is complete) the work area should be cleaned using wet methods and/or a HEPA vacuum. All glovebags should be removed from the pipes at the end of the work day (or as soon as the procedures are completed) and placed in double layer 6-mil asbestos disposal bags. Dispose of waste in accordance with regulations for asbestos waste found in these specifications. Workers should pass through a complete decontamination facility when exiting the work area. If the bag develops a leak, stop work inside the bag. Catch the water in a plastic disposal bag. Lift and move the bag so that water stops running out. Do not "pump" the bag in a way that would force air out. Twist the bag in the area of the puncture to form a stem, dry the surface and tape it securely closed. Clean up the contaminated water and debris from the floor immedi- ately using wet methods and/or the HEPA vacuum. Dispose of the waste properly. Alternate removal techniques may be used if approved by the CIH. 2.2.5. FLOOR TILE AND MASTIC: Those areas normally exposed to heavy foot traffic patterns usually have tiles adhered the tight- est. As a matter of good practice in starting the the removal, those sections which receive the least traffic should be the locations selected for starting the removal of the tile. Since tiles are Page 18 ASBESTOS REMOVAL normally in a 9" x 9" or 12" x 12" dimension, it should be the goal to remove individual tiles as a complete unit to the best extent possible. Start the removal by carefully wedging the wall scraper in the seam of two adjoining tiles and gradually forcing the edge of one of the tiles up and away from the floor. Do not break off pieces of the tile but continue to force the balance of the tile up by working the scraper beneath the tile and exerting both a forward pressure and a twisting action on the blade to promote re- lease of the tile from the adhesive and the floor. When the first tile is removed, place it, without breaking into smaller pieces, in the heavy-duty impermeable waste bag or closed impermeable container which will be used for disposal. With the removal of the first tile accessibility of the other tiles is improved. Force the wall scraper under the exposed edge of another the and continue to exert a prying twisting force to the scraper as it is moved under the tile until the tile released from the floor. Again, dispose of the tile, and succeeding tiles, by placing in the heavy-duty bag or closed container without additional breaking. am Some tiles will release quite easily while others require varying degrees of force. Where the adhesive is spread heavily or is quite hard, it may prove easier to force the scraper through the tightly adhered areas by striking the scraper handle with a hammer using blows of moderate force while maintaining the scraper at a 250 to 300 angle to the floor. Caution: Use safety gog- gles. If some areas are encountered where even the technique detailed in the previous paragraph proves to be inadequate, the removal procedure can be simplified by thoroughly heating the tile(s) with a hot air blower until the heat penetrates through the tile and softens the adhesive. Note 1: Handle the hot air blower, tiles, and adhesive carefully to avoid personal burns. Note 2: Do not handle the heated tiles and adhesive without suitable glove protection for the hands. As small areas of subfloor are cleared of tile, the adhesive remaining on the floor must be scraped up with the 4" hand scraper until only a thin, smooth film remains. In those area where deposits are heavy or difficult to scrape, the removal can be expedited by heating with the hot air blower prior to scraping. Deposit scrapings in a heavy-duty impermeable trash bag or closed impermeable container. Thoroughly spread approved mastic biodegradable cleaner/solvent onto all mastic with a garden sprayer (Note The solvent used to remove the mastic must have a flash point of >140 degrees F. Submittals for the solvent must include a Material Safety Data Sheet. Let the solution stand for at least 15 minutes. Use an industrial buffer with coarse pads to dislodge the material or a squeegee. Squeegee, or use scrapers to push material into a cen- tral location for final mopping and cleanup. Hand -scraping may be done at the Contractor's op- tion, or as required to completely remove all material. As indicated in previous paragraphs, tiles should be placed immediately in a waste disposal bags or closed impermeable container. Do not attempt to break tiles after they are in the bag. Page 19 ow ASBESTOS REMOVAL When all tiles, mastic and sorbent material have been removed from the floor and placed in polyethylene waste bags at least 6-mil thick or closed containers, seal the bags securely for dis- posal. "Shot blaster" or "bead blaster" machines will not be allowed to remove the floor tile and mastic. Alternate removal techniques may be used if approved by the CIH. 2.2.6 WALL AND CEILING TEXTURE The asbestos texture will be kept wet and removed by wet scraping or as intact sheetrock and ceiling tile sections utilizing hand tools and a low water volume, short distance power diffusing "Airless" sprayer. The asbestos plaster texture and texture on CMU block will be kept wet and removed utilizing hand tools and a low water volume, short distance power diffusing "Airless" sprayer. The minimum crew size for the operation is three: one member performs the actual removal, the second directs the spray wand at the work and the third worker collects and contains the wet ACM debris generated during the work. It is recommended that four workers be utilized in the procedure. The fourth person provides support during the work, making sure tools and supplies are readily available, and is on hand in case of emergency. All crew members should be trained in the use of the wet scraping procedure. The Contractor will erect critical barriers and establish negative air filtration. Rope off work area and place warning signs. Bring the necessary materials into the work area. Have a HEPA vac- uum system available at all times. The HEPA vacuum will be used to remove debris which may settle in remote areas such as corners, cracks or crevices in the work area. Make sure visible ACM debris and dust in the area have been wetted with amended water and cleaned with the proper methods before beginning the procedure to avoid confusion concerning the source of the material. Cover floor with a minimum of two layers of 6 mil plastic sheeting if flooring is not being re- moved, and cover wall surfaces with a minimum of two layers of 4 mil plastic sheeting. The top polyethylene sheeting layer may be removed as part of the detail cleaning process after gross removal. Hard hats, disposable clothing and full -face PAPR respirators will be worn by all persons per- forming the ACM removal. Establish negative air filtration in the containment before any removal operations take place. The containment may be smoke tested to assure the negative pressure inside the containment is adequately sealed. Assemble the smoke tube and bulb. Generate short bursts of smoke in the containment particularly at seams, joints and corners and critical barriers. Observe the direc- tion of the smoke trail. Watch for leaks, and seal any leaks with duct tape. Wet the plaster and surfacing material adequately to suppress any generation of airborne dust or debris, keeping it wet throughout the entire operation. Page 20 ASBESTOS REMOVAL As sections of ACM are removed, keep the material wet and shovel debris carefully into the bot- 04 tom of a disposal bag. ,. Wipe all cleaned surfaces with a wet rag and put the rag in the bottom of a 6 mil disposal bag. Rinse and wipe the inside of the disposal bag. Clean up any debris or water on the floor with wet rags and/or the HEPA vacuum. As in any asbestos related project, the work area should be kept free of debris. Any contamina- tion should be cleaned up immediately. When the work day is complete, (or as soon as the pro- ject is complete) the work area should be cleaned using wet methods and a HEPA vacuum. All asbestos material and associated debris should be removed and placed in double layer 6 mil asbestos disposal bags before the end of the work day. Dispose of waste in accordance with regulations for asbestos waste found in these specifications. Workers should pass through a complete three -stage wet decontamination facility prior to exit- ing the building. If a disposal bag develops a leak, stop work inside the containment. Catch the water in a plastic disposal bag. Lift and move the bag so that water stops running out. Do not "pump" the bag in a way that would force air out. Twist the bag in the area of the puncture to form a stem, dry the surface and tape it securely closed. Clean up the contaminated water and debris from the floor immediately using wet methods and the HEPA vacuum. Dispose of the waste properly. 2.3. DISPOSAL OF ACM AND ACE WASTE MATERIAL: 2.3.1. GENERAL: The Asbestos Abatement Contractor will dispose of friable ACM and debris which is packaged -� in accordance with these specifications at the approved landfill. Dispose of non -friable ACM in accordance with the applicable regulations for friable asbestos. The transporter must be li- censed in accordance with the Texas Department of State Health Services Asbestos Rules and Regulations. The truck transporting the waste must have the following noted on the shipping papers, manifests and trucks: Hazardous Material Proper Shipping Name: hazardous substance solid, N.O.S. DOT Hazard Class: Class 9 PG. III Identification Number: NA 2212 (friable waste) Reportable Quantity: RQ Name and Address of Generator Page 21 ASBESTOS REMOVAL 2.3.2. PROCEDURES: Carefully load containerized waste on sealed trucks for transport. Ensure that unauthorized persons do not have access to the material outside of the work area. Take bags from the work area directly through the EDF process to a sealed truck. Double bagged material may be trans- ported in open trucks only if they are first loaded in sealed drums. Label drums with same warn- ing labels as bags. Dispose drums as contaminated, do not attempt to empty them for reuse. Advise the sanitary landfill operator, at least twenty-four hours in advance of transport, of the quantity of material to be delivered. At the burial site, sealed plastic bags may be carefully dumped from the truck. If bags are broken or damaged, leave in the truck and decontaminate entire truck and contents using procedures set forth elsewhere in this section. 2.4. PROJECT DECONTAMINATION: 2.4.1. GENERAL: The entire work of project decontamination will be performed under the close supervision and monitoring of the Owner's Representative. 2.4.2. WORK AREA CLEARANCE. Air testing and other requirements which must be met before release of Contractor and reoccu- pancy of the work area are specified elsewhere in this Section. Air Clearance will be performed utilizing Phase Contrast Microscopy with an airborne level of <0.01 F/cc. 2.4.3. WORK DESCRIPTION: The work of decontamination includes the decontamination floor and air within the work area and the decontamination and removal of temporary facilities installed prior to abatement work including Primary and Critical Barrier, Decontamination Facilities (PDF and EDF) and Negative Pressure Systems. The work of decontamination includes the cleaning, and decontamination of all surfaces (ceiling, walls, floor) of the Work Area, or equipment in the Work Area. 2.4.4. PRE -DECONTAMINATION CONDITIONS: Before decontamination work starts, all ACM and ACE will be removed from the work area and disposed of along with any gross debris generated by the work. At the start of work for decontamination, the following will be in place: 1 Critical barrier which forms the sole barrier between the work area and other portions of the building or the outside. 2. Critical barrier sheeting over lighting fixtures, ventilation openings, doorways, convectors, speakers and other openings. 3. Decontamination facilities for personnel and equipment in operating condition and nega- tive pressure system in operation. Page 22 ASBESTOS REMOVAL 2.4.5. FIRST CLEANING: The Asbestos Abatement Contractor will carry out a first cleaning of all surfaces of the work area including items of remaining sheeting, tools, scaffolding and/or staging by use of damp - cleaning and mopping, and a HEPA filtered vacuum. Do not perform dry dusting or dry sweep- ing. Use each surface of a cleaning cloth one time only and then dispose of as contaminated .. waste. Continue this cleaning until there is no visible debris from removed materials or residue on plastic sheeting or other surfaces. Remove all filters in air handling system(s) and dispose of as asbestos containing waste in accordance with requirements of these specifications. 0 2.4.6. SECOND CLEANING: If the Asbestos Project Manager is not satisfied with the first cleaning, the Contractor will per- form a second cleaning inside containment. If the containment fails to pass final air clearance criteria, the Contractor will perform additional wet cleaning inside containment. 2.4.7. PRE -CLEARANCE INSPECTION AND TESTING: The Owner's Representative will perform a thorough and detailed visual inspection at the end of the second cleaning to determine whether there are any signs of visible ACM or dust in the work area. If the visual inspection is satisfactory, the Contractor will then encapsulate all surfaces inside the containment. Final air clearance will be performed in accordance with these Specifi- cations. 2.4.8. LOCK -BACK ENCAPSULATION: With the express permission of the Owner's Representative, the Asbestos Abatement Contrac- tor will perform a lock -back encapsulation of all surfaces from which ACM was removed. Exe- cute in accordance with provisions specified elsewhere and performance requirements as speci- fied in Paragraph 2.2.2 of this Specification. Maintain negative pressure in work area during encapsulation work. 2.5. FINAL AIR CLEARANCE TESTING 2.5.1. GENERAL: The Asbestos Abatement Contractor will notify the Owner's Representative in advance for the performance of the final visual inspection and testing. The final air clearance will be performed by the Owner's Representative starting after completion of the encapsulation of the containment and the material is dry. 2.5.2. FINAL TESTING: After a satisfactory final visual inspection and encapsulation, The Owner's Representative, will undertake the final testing. Air samples will be taken and analyzed in accordance with the pro- cedures for PCM specified elsewhere in this section. If release criteria are not met, the con- tractor will repeat final cleaning and continue decontamination procedure from that point. Addi- tional inspection and testing will be at the expense of the Contractor. If results of PCM air samples are satisfactory, remove the critical barriers and shut down and remove HEPA units as specified under Abatement Closeout. Any small quantities of residue Page 23 ASBESTOS REMOVAL material found upon removal of the plastic sheeting will be removed with a HEPA filtered vac- uum cleaner and localized isolation. If significant quantities, as determined by the Owner's Consultant, are found then the entire area affected will be decontaminated as specified herein for the Final Cleaning. If release criteria are met the Contractor will perform the abatement closeout and issue the cer- tificate of compliance in accordance with these specifications. 2.5.3. FINAL TESTING PROCEDURES: CONTRACTORS RELEASE CRITERIA: Work in an area is complete when the work area is visually clean and airborne fiber levels have been reduced to less than 0.01 fibers/cc by PCM -- analysis. AIR MONITORING AND FINAL CLEARANCE SAMPLING: To determine if the elevated air- borne fiber counts encountered during abatement operations have been reduced to the speci- fied level, the Owner's representative will secure samples and analyze them according to the following procedures: 1. Fibers Counted: "Fibers" referred to in this section will be either all fibers regardless of composition as counted in the NIOSH 7400 method, or asbestos fibers of any size as counted using PCM; and 2.5.4. SCHEDULE OF AIR SAMPLES WITH PCM: The Owner's Consultant will perform background, perimeter and work area samples during con- struction and abatement. These samples will be analyzed by PCM. At least three (3) background samples will be taken before work begins for a baseline meas- urement. The Owner's Representative will sample at a rate of one sample per 1,000 sq. ft. of work area with a minimum of two area samples for small containment areas. A minimum of 1,250 liters of air will be collected for all baseline and clearance samples. From start of actual removal of asbestos -containing materials the Owner will take the following samples on a daily basis. The number of samples may vary according to site plan and approval from the CIH. DAILY SCHEDULE OF AIR SAMPLES Location Sampled Number of Sam- Ana"cat Method i Detection Limit Minimum Voles Rate LPM Pies Fibers/cc. ume (Liters) Each Work Area 3 PCM 0.02 750 2-15 Outside Each Work 2-3 PCM 001 1,000 2-15 Outside Entrance to De- 1 PCM 0.01 1,000 2-15 contamination Facility Outside Bag -out Area 1 PCM 0,01 1.000 2-15 Output Negative 1 PCM 0.01 1,000 2-15 PressureSystem If airborne fiber counts exceed allowed limits, additional samples will be taken as necessary to monitor fiber levels. Page 24 ASBESTOS REMOVAL *At a minimum, five (5) samples will be collected per containment area over the duration of work in that area each day. 2.5.5. LABORATORY TESTING FOR PCM: The services of a AIHA P.A.T. accredited testing laboratory will be employed by the Owner to perform PCM analysis of the air samples collected prior to final clearance testing. A technician will be at the job site, and samples will be analyzed on -site. A complete record, certified by the testing laboratory, of all air monitoring tests and results will be furnished to the Owner and the Abatement Contractor. The analytical laboratory must be licensed in accordance with State of Texas Civil Statutes Article 4477-3a pg. 295.54 in addition to being AIHA P.A.T. Accredited. 2.5.7. FINAL AIR TESTING REQUIREMENTS: Final air testing will be performed by Phase Contrast Microscopy (PCM). Final air testing re- quirements are outlined below: In each homogeneous work area after completion of all cleaning work, a minimum of three (3) samples will be taken and analyzed as follows: PHASE CONT 2AST MICROSCOPY CLEARANCE CRITERIA Locadw Nixnber of Analysle Analytical Sent- Recommended Rate Sampled SOMPles Madiod tivit)r Vohume LPM almfW. (Liters) Each Work Area 3 PCM <0.005 1.250 < 15 'Work Area Blank 1 PCM <0.005 0 Open for 30 Seconds Outside Blank 1 PCM <0.005 0 Open for 30 Seconds Laboratory Blank 1 PCM <0.005 0 Do Not Open Release Criteria: Decontamination of the work site is complete when every work area sample is at or below 0.01 FIBERS/CC. 2.6. ABATEMENT CLOSEOUT AND CERTIFICATE OF COMPLIANCE: 2.6.1. COMPLETION OF ABATEMENT WORK. The asbestos abatement contractor will seal negative air machines with 6 mil polyethylene sheet and duct tape to form a tight seal at intake end before being moved from work area. Complete asbestos abatement work upon meeting the work area clearance criteria and fulfilling the following: Remove all equipment, materials, debris from the work site. Dispose of all asbestos containing waste material as specified elsewhere in this section. Page 25 ASBESTOS REMOVAL Repair or replace all interior finishes damaged during the course of asbestos abatement work. Replace all asbestos containing insulation and other ACM with suitable non -asbestos material so that facility is fully functional and safe as prior to abatement if required by these specifications. Fulfill other project closeout requirements as specified elsewhere in this section. 2.6.2. CERTIFICATE OF COMPLETION BY CONTRACTORS: The Contractor will complete and sign a "Certificate of Completion" in accordance with attach- ment #1 at the completion of the abatement and decontamination of a work area. Page 26 Appendix A Attachments CERTIFICATE OF COMPLETION PROJECT: DATE LOCATION: I certify that I have personally inspected, monitored and supervised the abatement work of (Specify Work Area or Building) which took place from to (Beginning of Work) (End of Work) 2. That throughout the work all applicable regulations and the specifications were ob- served. 3. That any person who entered this area was protected with the appropriate clothing and respirators systems and that they followed the proper entry and exit procedures and the proper operation procedures throughout the work. 4. That all employees of the contractor engaged in this work were trained in respiratory pro- tection, experienced with abatement work, had proper medical records and were not ex- posed at any time during the work to asbestos without the benefit of adeauate respira- tory protection. 5. That I performed and supervised all inspection and testing specified and required by ap- plicable regulations and the specifications. 6. That the condition inside the work area were always safe and the maximum asbestos fiber count never exceeded 0.5 f/cc. Except as describe here: 7. That the negative pressure air systems were installed and operated properly maintaining the specified negative pressure in the work area throughout the work. CONTRACTOR/SUPERVISOR COMPANY NAME CONTRACTOR ADDRESS ATTACHMENT #1 Asbestos Abatement Page 1 Appendix B Specification Drawings Asbestos Abatement Page 2 07 1 z 0 AP / psi 1.W ra• - Y ..~i rt rY na M ` j w o o a as .-y A - �u`►:•n w._ wii. .pia' • _e�i'. . ,i: Q31 (• - Sara ,��.....+ �.r �7y.+r+ ,�` �� ern � _bra •+!ri Jlrrr►�i ��i I b5 �14] 00 Sample Location Note: All joint compound and texture on sheetrock throughout building contains ACM. Floor the and mastic throughout the building contains ACM. E 9324 i OIO Nursing Home - Cry of Fort Nbnh ®® 7601 Hardy Street Fort Worth Texas Asbestos Sufsey I Pro)ed i 18544 Dramng 01 Not To Scale �u/ le. (Drawn by A. Date. 02JIM010 Industrial Hygiene and Safety Ta lurobpy, INC. 2235 Ke " Way Cardmn. Te.w 75M TEL (972) 067415 I Lw: 10.5040 Exp.: 12131/2011 FAX (972) 4767915 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. f 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 ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - Page 18 of 20 3601 HARDY STREET, FORT WORTH, TX - 1NTERCON ENVIRONMENTAL, INC. APPENDIX 2. COMPENSATION A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a sum not to exceed three hundred forty five thousand dollars ($345,000.00) for the completion of all work specified in this contract. B. Unit prices are as specified on the next page. C. 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. It is expressly agreed between the parties that there shall be no oral modifications to this contract. D. Upon receipt of final project completion documentation (i.e., Asbestos Close-out Report, applicable waste manifests), 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. Ten percent (10%) of total project cost will be held back until receipt of final project completion documentation. Iy+X, c �Ff '•Feld '. ' . +•� CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 19 ofy, 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. a ■ �` �l.-�' TEXAS DEPARTMENT OF TRANSPORTATION Parcel No. BLANKET MASTER PURCHASE ORDER Address 3601 Hardy Street P.O. NUMBER B182006510735000 City, State Fort Worth, Texas DEMOLITION County Tarrant Structure Residential Qty Unit Price Total Owner City of Fort Worth 1.1 1 - 800 0 SF $1.30 $0.00 Buyer City of Fort Worth 1.1 801 - 1,500 0 SF $1.25 $0.00 Rep Roger Grantham 1A 1,501 - 2,200 0 SF $1.20 $0.00 1.1 2,201 - 3,000 0 SF $1.15 $0.00 PROPERTY DESCRIPTION 1.1 3,001 + 0 SF $1.10 $0.00 Old Nursing Home Structure Commercial Qty Unit Price Total 1.2 1 - 800 0 SF $1.30 $0.00 1.2 801 - 1,500 0 SF $1.25 $0.00 PROJECT DURATION 1.2 1,501 - 2,200 0 SF $1.20 $0.00 DEMOLITION Days 1.2 2,201 - 3,000 0 SF $1.15 $0.00 ABATEMENT Days 1.2 3,001 + 33,384 SF $1.11 $37,056,24 'Pools Qty Unit Price Total PROJECT COST 11.3 1In Ground I 01CF 1 $2.501 $0.001 DEMOLITION TOTAL $71,953.84 Slabs / Paving Qty Unit Price Total ABATEMENT TOTAL $273,046.00 1.4 Res Slabs SF $0.60 $0.00 TOTAL COST $344,999.84 1.5 Com Slabs 32,585 SF $0.60 $19,551.00 1.6 Walks/Drives 23,110 SF $0.60 $13,866.00 1.6 per in.over 6" 306 SF $0.10 $30.60 ASBESTOS Misc. Debris Removal Qty Unit Price Total Abatement Qty Unit Price Total 1.7 Trash/Tree/Pool 0 CY $10.00 $0.00 2.1 Sheet Flooring Single Layer 0 SF $2.00 $0.00 1.8 Sheds 0 SF $5.00 $0.00 2.2 Sheetrock/Joint Compound 110,140 SF $2.00 $220,280.00 1.9 Fences 0 LF $2.00 $0.00 2.3 Floor Tile Single Layer 25,383 SF $2.00 $50,766.00 1.10 Decks 0 SF $2.00 $0.00 2.4 Floor Tile Multi -Layer 0 SF $2.50 $0.00 Mobilization Qty Unit Price Total 2.5 Spray -on Texture Ceiling 0 SF $2.00 $0.00 11.12 �EquiP/Disconnect! 11EA 1 $700.001 $700.001 2.6 Spray -on Texture Wad 0 SF $2.00 $0.00 MISC. Qty Unit Price Total 2.7 Cement Shingles Corrugate 0 SF $2.00 $0.00 11.13 11'reon Recovery I OILB 1 $3.001 $0.001 2.8 Cement Shingles Other 0 SF $2.00 $0.00 Storm Sewer Cut and Cap Qty Unit Price Total 2.9 Felt Paper 0 SF $2.00 $0.00 I1.14 than 12" OIEA $400.001 $0.00� 2.10 Siding Transite 0 SF $2.00 $0.00 1.15 (Less Over 12" I O EA I $500.00 $0.00 2.11 Blown/Spray Insulation 0 SF $2.00 $0.00 Se tic Tanks Qty Unit Price Total 2.12 Wall Heater Insulation 0 SF $2.00 $0.00 11.16 Pump/Pull OJEA 1 $3,000.001 $0.001 2.13 Transite 0 SF $2.00 $0.00 Si2nnage Qty Unit Price Total 2.14 Carpet 0 SF $1.00 $0.00 11.17 Ad Removal I OISF 1 $2.001 $0.001 2.15 Pipe Ins. < 6" 0 LF $12.00 $0.00 Fill Dirt Qty Unit Price Total 2.16 Pipe Ins. 6"-12" 0 LF $15.00 $0.00 11.18 IDirt I 01CY 1 $4.501 $0.001 2.17 Pipe Ins. > 12" 0 LF $20.00 $0.00 Site Safety and Protection Qty Unit Price Total 2.18 Mastic on Duct Ins. 0 LF $4.00 $0.00 11.19 (Fence/Barricade I OILF 1 $2.001 $0.001 2.19 Debris 0 CY $40.00 $0.00 Silk Screen Fencing Qty Unit Price Total 2.20 Mobilization 1 EA $1,000.00 $1,000.00 11.20 linstall I 500ILF 1 $1.501 $750.001 2.21 Demobilization 1 EA $1,000.00 $1,000.00 SIGNATURE PAGE FOR STRUCTURAL DEMOLITION AND REMOVAL, TRANSPORTATION AND DISPOSAL OF ASBESTOS CONTAMINATED MATERIALS 3601 HARDY STREET, FORT WORTH, TEXAS IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY: Tom Higgins Assistant City Manager RECOMMENDED: Jesus Chapa Housing and Development Director APPROVED AS TO FORM AND LEGALITY: Arthur N. (Art) Bashor Assistant City Attorney CONTRACTOR Intercon Environmental, Inc. BY: Karen Andrews President WITNESS: / l CORPORATE SEAL: Aar F0A?* ` ATTEST: a 4U0°° Marty Hendrix City Secretary w�aU i M&C C--aql n CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION - 3601 HARDY STREET, FORT WORTH, TX - INTERCON ENVIRONMENTAL, INC. i OFFICIAL RECORD CITY SECRETiARY rr. 1� ,)F,TP TX .4 Page 20 of 20 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 Housing and Economic Development Department, for the demolition and removal of asbestos containing material and demolition of 3601 Hardy Street for the Hardy Street Infill Housing Project. CONTRACTOR INTERCON ENVIRONMENTAL, INC. By: Title Date 3M k0 STATE OF TEXAS COUNTY OF TARRANT I�etorp me, the undersigned authority, on this day personally appeared ^-...J.+I known to me to be the person whose name is subscribed to the foregoing i Wnt, and acknowled ed to me that die,executed the same as the act and deed of ��rr55i�-r�iiyirirrl✓+ y "Lht� . for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this M day of "t L, 20 /d HELEN M. SYArS 4 Notary P; t'ic. State of Taw � Vj corrr;-sion Expires UiAY -6, 2010 0 at N ary Public in, n for the State of Texas am THE AMERICAN INSTITUTE OF ARCHITECTS v "q AIA Document A311 Performance Bond SU 1104138 B r KNOW ALL MEN BY THESE PRESENTS: that INTERCON ENVIRONMENTAL INC (Here insert full name and address or legal title of Contractor) 210 S WALNUT CREEK DRIVE MANSFIELD, TX 76063 as Principal, hereinafter called Contractor, and, ARCH INSURANCE COMPANY (Here insert full name and address or legal title of Surety) 3 PARKWAY, STE 1500 PHILADELPHIA, PA 19102 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FORT WORTH (Here insert full name and address or legal title of Owner) 1000 THROCKMORTON STREET FORT WORTH, TX 76102 as Obligee, hereinafter called Owner, in the amount of THREE HUNDRED FORTY-FIVE THOUSAND & 00/100 Dollars ($ 345,000.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 ASBESTOS ABATEMENT & DEMOLITION s 3601 HARDY ST- FORT WORTH, TX 76116 in accordance with Drawings and Specifications prepared by , entered into a contract with Owner for (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA m ' FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N,W., WASHINGTON, D. C. 20006 ow NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 3RD (Witness) defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. day of MARCH INTERCON ENVIRONMENTAL INC (Principal) Karen Andrews Title) President ARCH INSURANCE COMPANY 192010 (Seal) (Surely) (Seal) Maria A. Gonzalez (T'l ) VTORNEY-IN-FACT AIA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONO • AIA 0 FEBRUARY 1070 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGFON, D. C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond SU 110 4138 B THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that INTERCON ENVIRONMENTAL INC (Here insert full name and address or legal title of Contractor) 210 S WALNUT CREEK DRIVE MANSFIELD, TX 76063 as Principal, hereinafter called Principal, and, ARCH INSURANCE COMPANY (Here insert full name and address or legal title of Surety) 3 PARKWAY, STE 1500 PHILADELPHIA, PA 19102 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FORT WORTH (Here insert full name and address or legal title of Owner) 1000 THROCKMORTON STREET FORT WORTH, TX 76102 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of THREE HUNDRED FORTY-FIVE THOUSAND & 00/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 345,000.00 li for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for ASBESTOS ABATEMENT & DEMOLITION 3601 HARDY ST- FORT WORTH, TX 76116 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) at which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A111 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 3 a 7 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit, 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the fast of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this 3RD lW�Inrssl accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of MARCH 192010 INTERCON ENVIRONMENTAL INC (Principal) Karen Andrews Jillc) President ARCH INSURANCE COMPANY (Surv(y) Maria A. Gonzalez f rrili'\A O /EY-IN-FACT (Sean (sea[) AIA DO«UMFNT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A(A IEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17.15 N.Y. AVE,, N.W., WASHINGTON, D. C. AXltlb POWER OF ATTORNEY Su 110 4138 a Know All Men By These Presents: That the Arch Insurance Company, a corporation organised and wdatinng under the laws of the State of Miaaourf, having its principal office in Kansas City, Missouri (hereftllbr referred to as the 'Company") does hereby appoint William A Bailey, Maria A Gonzalez, Anne M. Barber, Michael J. Friedrich and Dana M. Kuber of Bridgeview, IL (EACH) Its true end laand'AltOotr sy(spn-Fact, to make, execute, seal, and deliver from the dale of issuance of this power for and on its behalf as surety, and as Its act and deed: Any and as bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bands or undertakngs that guarantee the payment or collection of any prornbsory none. dock draft or Mbar of credit This autxxtty doss not permit the am. obigstion io be split into two or more bonds In order to bring each such bond within the doter WO of a dw try as set forth herein. The Company may revoke this appointment at any time. The wwoution of gosh bonds and undertakings in pursuance of these ' prsiehts'. shall be as binding upon tins saki Cempeny as ft* and amply to al intents and purposes, as If the whine 1md peen duly atoe tad and adcnowbdped by Its regularly elected dlli= at b ptx*W dfice in Xeneas Wqr. l ttsoyrl. This Power of Attorney is executed by authority of resolutions adapted by unankrho a coneent of the Board of Dk xA= of the Company on Mroh 3. 2003, true and aoecrate oaples of wink* are herakrallar set forth and are hereby r a Nfed to by fine undernVied Seavlary as bekp In U force and ~ 'VOTED. That the Chairmen of rig Board. the Prasideiht. or any Vida ftddeK or that' appointees designated In wMV and bleed with the Seanplary, or the Semetary shah have the power and autlxxtty to appoint ager>rs and albrrtays-tNfiect, and to authorize them to voec ute on b@W of the Company, and attach the seal of the Company thereto, bands and undsrtakkhgs, reooDnizances. conk of khdsmft and dinar wrftinpk obligatory in the nature thhered, and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney Is sowd, sealed end certlfIed by facsimile under and by authority of the following reeohtion adopted by the unankma consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the sire of the Chairman of the Board. the President. or any Vice President, or their appolint es designated In wr*V Wd fled wNh the Secrelery, and the signature of tfhs SecrMery, the seal of the Company. and cerflficatiorm by the Secretary, may be aftbced by facsknle on any power of attorney or bond executed pursuant to fine resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed. sealed and certifled with respect to any bond or undertaking to which it is attached, shall con*m to be valid and binding upon the Carnpany. 00ML0013 00 03 03 Page 1 of 2 Printed In U.S.A. in h esamony W nere t, me tympany vas ummmu u uo II Ii1fL(Imm w uu ilk mu at lu ub Wl µm a►O &am w a.v WY w,ve authorized officers, this 1 st day of May , 20 08 Arch Insurance Company � Attested end Certifled STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn. a Notary Publfc, do hereby certify that Martin J. NNserh and J. Michael Pets personally known la.me to be the same persons whose names we respectively as Secretary aril Vice PmWdwd of On Arch Insurance Company. a Corporation oromized and sods v under the laws of the State of Missouri. subscribed to the fo egohg irat tent, appeared before no this day in person end severalty ecla o0ledged that they bekhg thereunlo duly authorized signed, seared with the corporate seal and delivered die said haturneht as the fuse and vokmlary► ad of said corporator and as their own tree and vokmtery acts for fie uses and purposes # ain stet forth. aa�or Rhein car xdlk mmq► Peirik Brian C. Ku n Notary Public City I - a■4 my coriNntNbtt wq*es 124W2011 CERTIFICATION tin 0WAb iw "ter DW0lW far MI 1,1401w h J. Nilsen, Secretary of the Arch kmrwm Company, do hereby oertiAy that the aftsolhed Power of Attorney dated May 1, 2008 on b" of the person(s) as listed above ie a true and con, copy and that the same has been in U fords and effect shoe the dabs thereof and Is In full force and effect on the dele d tds airtllca K and I do further cw* that the said J. Wool Pete, who executed the Power of ANorney as Vice Presidet t. was on the date -of wwmition of the attached Power of Albmsy the duly elected Vim President of the Arch lraurarhos Cornpwrry. IN TESTIMONY WHEREOF, I twee thereurhto subscribed my Hams and affixed the of the Arch Insurance Company on this 3rd day of MARCH, 2010 , 2(L_ Martin J. Secretory This Power of Attorney lirnlbs to sets Of those named # ain iO the bonds and UnCh taldrps spadf ally earned therein and Riney have no authority to bind the Company exoW in the marhnar and to the exberht harsh shied. PLEASE SEND ALL MAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLMMIO ADDRESS: Arch Suharty 3 Parkway, SUL 1500 Philadelphia, PA 19102 OOML0013 00 03 03 Pape 2 of 2 Printed In U.S.A. it 03/05/2010 15:30 8178421710 r Texes Department oI rramportatlon Rcvtx: 1- Date: Mar 27, 20M To: INTERCON ENVIRONMENTAL, INC. 2214 FM 1187 BUILDING #6 MANSFIELD TX 76063 INTERCON ENVIRO BLANKET PAGE e2/38 PAGE 1 P.O. No: 1B18200051078500o Bid Number: B182006011843000 P.O. Date: 05/10/2006 Change Notice Purchase Of Services Agency To Invoice: TES DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 76313-8067 _ VENDOR ID:15224377745-000 BMR: 855 - LYNN M GIUSTO Line — Item out Unit Unit Extended Item Description �Y Cost Cost I. NIGP 96846-1 -owo, 3,273,050 SVCL $I.00 $3,278.050.00 CLEARING RIGHT OF WAY PARCELS) SERVICES MEETING TXDOT SPECIFICATION 90"6-16, LATEST ISSUE BID SCHEDULE PRICING - ATTACHED MASTER PO ALL ITEMS ON THE BID SCHEDULF, SHALL BE PAID USING THIS LM ITEM. FOR THE PURPOSES OF THIS BID, THE UNIT OF MEASURE I EACH SHALL BE THE TOTAL. AMOUNT OF THE ATTACHED BID SCHEDULE, 5 PAGES. "EACH SVCU(BERVICE UNIT) IS PRICED AT $1.00, INVOICTNG SHALL BE FOR PRICE(S) BID AND ONLY FOR WORK AUTHORIZED IN THE PURCHASE ORDER. ALL PRICING ON THB BID SCHEDULE SMALL BE FIXED FOR 24 MONTH PERIOD. TXDO'T WILL BE RESPONSIBLE FOR TESTING FOR ASBESTOS. 2. NIGP 946-30-3"000. BONDING SERVICES, PERFORMANCE AND PAYMENT 100,000 SVCU $1.00 $100,000.00 CONTIIKUED 7P 8" U Issuing Employee Signature Issuing Employee Title Pedum to Deliver: lrtht tentrodw fr:la to dethm these wtppHto by the pwni*W delivery dam or o nraaonttbk tine Mwegter, wid wid siving omp"le roams for ddgy, or i/ mp*leo am r4w-w for renww to mod eh/ 9104e m wt the rwhi to parGhOve+aeeiTrA trtppliea detahtre. and eMro Nu tnertow m prtyt and laud of ha"teg ljanp, io the atntramr. Ne tuDetitatione or eanoeelaziiw permitted wtthoat priorapprebal ofthe9tate. 03/05/2010 15:30 8178421710 INTERCOM ENVIRO PAGE 03/38 Texas Depamwnt of Transportation Rww#: 1- Dote: Mu 27, 2008 To: INTERCON ENVIRONMENTAI•, INC. 2214 FM 1187 BUILDING #6 MANSFIELD TX 76063 BLANKET MASTER PO PAGE 2 P.O. No: 10182OW510735000 Bid Number. B182000011343000 P.O. Date: 05/10/2006 Change Notice Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 138067 DALLAS TX 75313-8067 VFPPOR ID:1522437774"00 BUYER: 355 — LXNN M GIUSTO Line item Quantity Unit Unit Extended j Item Description Cost Cost - - - - ♦i��Prtaeasaseea+M�w NOTE *ewes#agos+►eaaaw "- - - - - •- - -- " -- - -- - - . - _.. � - -- - - — - ""THIS IS A NON -BIDDABLE LINE ITEM*•'* THIS LINE SHALL BE USED TO REIMBURSE VENDOR'S ACTUAL COST FOR SECURING PAYMENT OR PERFORMANCE BONDS, WHEN REQUIRED. VENDOR SHALL PROVIDE PROOF OF COST OF BOLDS AT TIME OF INVOICING OF PROJVCT, PROOF MAY $E AN INVOICE OR BILLING FROM INSURANCE AGENT. BOND COST SHALL NOT BE INCLUDED ON BID SCHEDULE, SPECIFICATION 96B-66-15, MARCH 2003 SECTION 10. •tfhM'M�#t#�*YMM+RItt#t#M�'M��btM #Iq� 3. NIGP 962-95- 99-0000- FEES, MISCELLANEOUS. t##i#rNM�ytIR###N�##ti�F*#M#R#t##aM *"•*THIS IS A NON BIDDABLE LINE ITEM•#a* THIS LINE SHALL BE USED TO REIMBURSE VENDOR'S ACTUAL COST FOR ALL FEES PAID TO TI49 TEXAS DEPARTMENT OF HEALTH FOR DEMOLITION AND OR ABATEMENT OF EACH AUTHORIZED PROJECT, VENDOR SHALL PROVIDE A COPY OF THE TEXAS DEPARTMENT OF HF,ALTH LEITER OR INVOICE SHOWING ALL FEES PAID TO THE AGENCY FOR DEMOLITION AND ABATEMENT OF 75,000 SVCU $1.00 $16,000.00 CONTINUED 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 04/38 Texas Dep ament of TrsnsportaBon Rev$: 1— Date: Mar 27, 2008 To: INTERCON ENVIRONMENTAL, INC. 2214 FM 1187 BUILDING #6 MANSFIELD TX 76063 VENDOR ID:16224377745-000 _ Lino — • - -- • - -.— ..Item Item Description THE PROJECT. - PAGE 3 BLANKET P.O. No: B182006510735W MASTER PO Bid Number: 8182006011343000 P.O. Date: 05/10/2006 Chance Notice Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 75313--3067 BUYER: 355 - LYNN M GIUSTO _ _ . _ ..--• - -- _ - l - Quantity Unfit Unit Extendedcost Cost IRrAAA+YMAA�1l�tAAAAANA • YAAN SPECIFICATION 96&4%-15, MARCH 2003, SECTION 12.4. AMYAAAAgAMAAMAIAgAAAAMrMp AAAAAAA YAAAA T= FOLLOWNG APFFLZES TO' ENTIRE P.O. THE FOLLOWING IS A BLANKET ORDER FOR DEMOLITION OF RIGHT OF WAY IMPROVEMENTS, INCLUDING ASBESTOS ABATEMENT AND REMOVAL FOR TXDOTT DALLAS DISTRICT, INCLUDES THE FOLLOWING COUNTIES: COLLIN, DALLAS, DENTON, ELLIS, KAUFMAN, NAVARRO, AND TERM OF SERVICE SHALT, BEGIN ON PURCHASE ORDER ISSUE DATE AND CONTII&ftTE FOR A PERIOD OF 24 MONTHS WITH THE OPTION TO RENEW FOR UP TO TWO ADDITIONAL PERIODS OF TIME, PROVW5D BOTH PARTIES AGREE IN WRITING TO DO 50 PRIOR TO THE EXPIRATION OF THE PURCHASE, ORDER, THE FOLLOWING SHALL APPLY TO EACH PROJECT (PAFML} s 1. VENDOR AND TXDOT REPRESENTATIVE SHALL JOINTLY PERFORM A SITE sURVEY AND AGREE TO AN ESTIMATED PROJECT COST USING THE BID SCHROULE. 2. VENDOR SHALL COMPLETE EACH PROJECT WITHIN THE FOLLOWING DEMOLITION SCHEDULE. •* TOTAL COMPLETION TIME SHALL BE NO � et r llqi 03/05/2010 15:30 8176421710 INTERCON ENVIRO PAGE 05/38 PAGE 4 BLANKET P.O. No: B1820MI07MOOO Texas MASTER PO Bid Number. B1820060113UOOO 1)ape�me�t of Transportation P.O. Date: 05/10/2006 Rev#* 1— Date- Drier 27, 2008 Change Notice Purcl1ae9 Of Services - To: Agency To Invoice: INTERCON ENVIRONMENTAL, INC. TEXAS DEPARTMENT OF TRANSPORTATION 2214 FM 1187 BUILDING #6 DALLAS DISTRICT MANSFIELD TX 76063 VOUCHER PROCESSING PO BOX 133067 DALLAS TX 75313-3067 VENDOR ID:15224377745400 .. - -- . - - —• . - - .. BUYER: 355 - LYNN M GIUSTO _ _.. . _.— • - -- • • - — Line-- Item I Un1t Extended Quantity Unit Item Description Cost Cost - - MORE THAN 80 CALENDAR BAYS FOIL - - - - - - - -- - - - - - - -- — RESIDENTIAL AND 90 CALENDAR DAYS FOR COWERCIAL PROPERTIRS, FROM THE DAY WORK IS AUTHORIZED BY TXDOT REPRESENTATIVE. .• BONDM AND TEXAS DEPARTMENT OF HEALTH (TDH) NOTIFICATIONS SHALL BE SUBMITTED TO TXDOT WITHIN 10 CALENDAR DAYS OF THE DATE WORK IS AUTHORIZED BY TXDOT REPRESENTATIVE. ** ABATEMENT AND DEMOLMON SHALL BEGIN FORMS ARE PROVIDED TO TXDOT AND TDFL ABATEMENT SHALL BE COMPLETED IN ACCORDANCE WITH THE ABATEMENT SPECIFICATIONS. ** DEMOLITION SHALL BEGIN WITHIN 5 DAYS OF COMPLETION OF ASBESTOS ABATEMENT. VENDOR SHALL PROVIDE A COPY OF THE ASBESTOS ABATEMENT CONTRACTOR'S LICENSE WITH BID SUBMTITAL VENDOR SHALL MAINTAIN CERTIFICATIONS THROUGHOUT THE TERM OF THE PURCHASE ORDER. TESTING FOR ASBESTOS WILL BE TXDOrS RESPONSIBILITY: REFERENCE PAR. 3. OF SPaCIFICAmoNS. SERVICE SHALT, BE PERFORMED IN ACCORDANCE WITH: " TIMOT SPECIFICATION NO.968- 66-15, 4 PAGES, REVISED MARCH 2O03, WITH THE F0124 WING EXCEPTIONS: - PARAGRAPH 5.3 SHOULD READ: "DEMOLISH ADN DISPOSE OF THE IMPItOvEMEN' s) LOCATED ON rADOT RIGHT XlNywQ No 03/05/2010 15:30 8178421710 Texas Dmartment of Transportation INTERCON ENVIRO BLANKET PAGE 06/38 PAGE 5 P.O. No: B182006510735000 Bid Number. B182006011343000 P.Q. Date: 05/10/2006 Rcv& i -- Data: Mar 27, 2008 Change Notice Purchase Of Services To: Agency To Invoice: 04TERCON ENVIRONMENTAL, INC. TEXAS DEPARTMENT OF TRANSPORTATION 2214 FM 1187 BUM DING #6 DALLAS DISTRICT MANSFIELD TX 76063 VOUCHER PROCESSING PO BOX 133067 DALLA,S TX 75318-3067 VENDOR. ID:15224377745-000 BUYER: 355 - LYNN M GIUSTO Line Item — — _ Unit Extended Item i Description Quantity I' Unit I Cost Cost MASTER PO OF WAY AS DIRECTED BY THE TXDOT REPRESENTATIVE, AS A MINIMUM. BUT NOT LIIIGTED TO, THE FOLL40WING SHALL SF INCLUDED: BUILDINGS, MUCTURES, CONCRETE OR ASPHALT SLABS, FOUNDATIONS, FOOTINGS, DRIVEWAYS, PARKING I,O'1'6, TIRES, ANY DEBRIS, FENCES AND BWI3dMTNG POOLS." -- SECTION 10• PARAGRAPH 10.5. - DELETE ** BID SCHEDULE, 5 PAGES ** 'TEXAS DEAPRTARNT OF TRANSPORTATION GENERAL TERMS AND CONDITIONS, REVISED AUGUST 2M. -- PAYMENT WILL, BE IN ACCORDANCE WITH PART II, PARAGRAPH 9. AND 9.L PAYMENT WILL BE MADE IN THE FORM OF A "LUMP SUM" WHEN IMFROVEMIsr 8) IS REMOVED. DEBRIS IS CLEARED, ALL WORE{ IS APPROVED BY TXDOT Rrud xv IU-ii4TA'TIVE, ALL NOTIFICATION FEES HAVE BEEN PAID TO THE TEXAS DEPARTMENT OF HEALTH (IF APPLICABLE) AND UPON RECEIPT OF DOCUMENTS SHOWING PROOF OF SUB- CONTACTOW'S COMPLETE AND FINAL PAYMENT (IF APPLICABLE). — INSURANCE SMALL BE IN ACCORDANCE WITH PART U, PARAGRAPHS 10. THROUGH 10.4. WITH THE FOLLOWING EXCEPnON. — 'VENDOR SHALL HAVE $1,000,000.00 COMMERCIAL GWERAL LIABILITY INSURANCE., PLEASE NOTICE PARAGRAPH 10-OF THE GENERAL TERMS AND CONDITIONS. VENDOR _. RECEIVING AWARD WILL 14AVE 10 CALEITI)AR ►YYIaLJ� �, 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 07/38 Depannwnt Airof P*YO- I -Date: Mar 27, 2W8 To: INTERCON ENVIRONMENTAL, INC. 2214 FM 1187 BUILDING #6 MANSFIELD TX 76063 BLANKET MASTER PO PAGE 6 P.O. No: B182006510735000 Bid Number. B182006011343000 P.O. Date: 05/10/2006 Change Notice Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 753134067 - - VENDOR ID:16224377745-000 BUYER: 355 - LYNN M GIUSTO I— -,— . -- --. - ---- .-- - -— — -- . -- Line Item Unit lixtended Item Description Quantity Unit Cost Cost - - DAYS�AFTER BECEIPI' OF ORDER To PROVIDE -- - - - - — — REQUIRED PROOF OF INSURANCE AND TO BEGIN PERFORMANCE UNDER THE PURCHASE ORDER. FAILURE TO DO SO MAY REaULT IN CANCELLATION OF THE PURCHASE ORDER AND RE -AWARD TO THE NEXT RESPONSIVE, RESPONSIBLE BIDDER. *4 TXD(YT FORM 20.102, CERTIFICATE OF INSURANCE. PRIOR TO INITIATION OF ANY WORK. VENDOR SHALL. COORDINATE WORK SCHED= WITH TXDOTS ASBESTO SERVICES CONTRACTOR. QUANTrMIES) ARE ESTIMATED: TXDOT DOES NOT GUARANTEE TO PURCHASE ANY MINIMUM QUANTITY. TXDOT RESERVES THE RIGHT TO INCREASE TIDE QUAN rMIES) OF THE PURCHASE ORDER AT THE SAME ORIGINAL TERMS AND CONDITIONS. THE VENDOR WILL BE NOTIFIED IN WRITING BY PURCHASE ORDER CHANGE NOTICE OF ANY REQUIREMENTS FOR ADDITIONAL, QUANTITY(M). ANY CONTRACT RESULTINO FROM THIS INVITATION FOR BID I3 CONTINGENT UPON THE CONTRiUED AVAILABILITY OF APPROPRIATIONS, THE STATE OF TEXAS WILL PERMIT "UNIT PRICE" ADJUSTMENTS UPWARDLY OR .. DOWNWARDLY WHEN CORRELATED WITH THE PRICE INDEX SPECIFIED HEREIN, UNLESS OTHERWISE INDICATED, THE PRICE INDEX SHALL BE THE gPECirt D INDEX A6 CONTMUTED 03/05/2010 15:30 8178421710 INTERCOM ENVIRO PAGE 08/38 Texas De ement of I- ensporWan 64r Re.0- I -Date; Mar 27, 2008 To: INTERCON ENVIRONMENTAL, INC. 2214 FM 1187 BUILDING #6 MANSFIELD TX 76063 VEN7)OR ID:15224377745-000 BLANKET PAGE 7 P.O. No: B182006510785000 MASTER PO Bid Number: B162006011343000 P.O. Date: 05/10/2006 C4t61I't s Notice Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION Line Item Item Description PUBLISHED BY THE BUREAU OF LABOR STATISTICS, WASHINGTON, DC 2M12. THE BASELINE INDEX SHALL BE THE INDEX ANNOUNCED FOR THE MONTH IN WHICH THE BIDS OPENED. UNIT PRICES MAY BE ADJ WTV FOR EACH RENEWAL PERIOD IN ACCORDANCE WITH CHANGES IN INDEX THE ALLOWABLR PERCENT CHANGE SHALL, BE CALCULATRD BY SUBTRACTING THE BASELINE INDEX FROM THE INDEX ANNOUNCED FOR THE. MONTH IN WHICH THE RENEWAL OPTION IS EXERCISED AND DIVIDING THE RESULT BY THE BASELINE INDEX THE ALLOWABLE PERCENT CHANGE SHALL BE ROUNDED TO THE NEAREST ONI-- HUNDREDTH OF ONE PERCENT AND SHALL BE THE MAXIMUM UNIT PRICE ADJUSTMENT PERMITED, EXCEPT THAT THE VENDOR MAY OFFER PRICE DECREASES IN EXCESS OF THE ALLOWABLE PERCENT CHANGE. PRICE INCREASES FOR THE FIRST AND SECOND EXTENSION PERIODS WII,L BE BASED ON THE CPI-W. THE CPI-W BASELINE INDEX MONTH AND YEAR FOR THE, RENEWAL PERIOD IS: MARCH 2008 'UNIT PRICES MAY BE ADJUSTED FROM THIS INDEX FOR THE NEXT RENEWAL PERIOD IN ACCORDANCE WITH CHANGES IN THE INDEK NOTICE: COOPERATIVE PURCHASING MEMBERS; THIS PURCHASE ORDER IS AVAILABLE FOR USE BY QUALIFIED ENTITIES PARTICIPATING IN THE TEXAS BUILDING PROCUREMENT COMMISSION'S (TBPC) COOPERATIVE PURCHASING PROGRAM PROVIDING IT DOES NOT CONFLICT WITH THE ENTITIES'S STATUTES, DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 75313-3067 BUYER: 355 - LYNN M G_ IUSTO - — ' Qusntily UUnit nit - Cost ' Extended - Cost - -- Mb r--] 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 09/38 PAGE 8 BLANKET P.O. No: B182006510735000 r �s MASTER PO Bid Number: B182006011343000 D"nww: of Tr*wportatiort P.O. Date: 05/10/2006 Rev#. 1- Date: Mar 27, 2008 Change Notice Purchase Of Services To: Agency To Invoice: INTERCON ENVIRONMENTAL, INC. TEXAS DEPARTMENT OF TRANSPORTATION 2214 FM 1187 BUILDING #t6 DALLAS DISTRICT MANSFIELD TX 76063 VOUCHER PROCESSING PO BOX 133067 DALLAS TX 76313-8067 - - VENDQR ID-1522437774"00 BUYER: 855 - LYNN M GIUSTO Line Item Ou®ntity I Unit Unit Extended Item DescrIptlon Cost ' Cost _ - - - POLICW.§ OR PROCEDURES: QUALIFIED ORDERING ENTITIES MAY USl3 THE PRICE SHWON IN THIS PURCHASE ORDER TO ISSUE PURCHASE ORDERS FOR STATED QUANTTTY(TES), D91,11 BY(S)AND LOCATION(8) MUST BE DIFFERENT THAN THE ORIGINATING AGENCY'S LOCATION(S). ANY PURCHASE ORDERS SHALL REFERENCE THE PURCHASE ORDER NUIMM ORDER DATE AND BID NUM ER. ANY ACTIONS NECESSARY FOR THE ADMINISTRATION OF THE PURCHASE ORDER(S) ISSUED BY PARTICIPATING ENTITIES ARE THE RESPONSIBMITY OF THE ENTITY AND WILL NOT BE ASSUMED OR MANAGED BY THE ORIGINATING AGENCY. THESE ACTIONS INCLUDE, BUT ARE NOT LIMITED TO: FUNDING, DELIVERY, INVOICE PROCESSING, CANCELLATION, PROBLEM RESOLUTION ANDM ANY OTHER ACTIONS BETWEEN THE VWWR AND THE ENTITY. THIS IS A MULTIPLE AWARD SERVICE ADVERTISED UNDER BID 8182006091254000 ALL SUPPORTING DOCUMENTS CAN BE FOUND WITH THAT BID. REVISION NO. 1, DATED 09/27/2008 CHANGI,D BY: 4 CIUSTO N CHANGED TERM OF PURCHASE ORDER FROM 0&1&2006 THROUGH 05/09r1008 TO: W10/2008 THROUGH 05/0p/2010 PURCHASE ORDER TOTAL. CONTINUED 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 10/ 38 PAGE D (LAST PAGE) BLANKET P.O. No: B182006510735000 Texans MASTER PO Bid Number: B182006011343000 Dsparwnt al Transpo�ts potu don P.Q. Date: 05/10/2006 Rev*: I — Date: Mar 27, 2M Chame Notice Purchase Of Services - To: Agency To Invoice: INTERCON ENVIRONMENTAL, INC. TEXAS DEPARTMENT OF TRANSPORTATION 2214 TiTM 1187 BUILDING #6 DALLAS DISTRICT MANSPIELD TX 76063 VOUCHER PROCESSING PO BOX 238067 DALLAS TX 75313-.3067 VENDOR ID:15224377745-000 BUYER: 356 - LYNN M GIUSTO Line Item Quantity Unit Unit Extended l Item DesoripUion Cost Cost REASON: TO RENEW THE PLWHAAE O"ER FOR 24 ADDITIONAL MONTHS IN ACCORDANCE WITH THE ORIGINAL T91jtM8 AND CONDITIONS PER EMAIL FROM WENDI HAMLIN DATED 03/13=08. AGREEMENT FROM THE VENDOR DATED 03113Im08 IS ON FILE. VENDOR CONTACT: PRESIDENT I KAREN ANDRVWS PHONE: 817 477-4995 FAR: 817 477-�9996 P.O. Total $3,448,060.00 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 11/38 Texas Deprt "eW o� Traniportadon To: INTERCOM ENVIRONMENTAL, INC. 2214 FM 1187 BUILDING M6 MANSFIELD TX 76083 BLANKET MASTER P4 PAGE 1 P.O. Na 134820ON10785000 Bid dumber, 11182006011343000 I'., .1: r,• , P.O. Date: 05nono06 Purchase Of Services Agency To Invoice: TEXAS DEPARTMZNT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 75813-3067 t_ 7ENDOR ID;16224377746-000 1 BUYER: 864 - M PNTGONEIRY, WCHAEL - Llne - ---- - -- • - ---. Item , - - — - - -- - - - -- t Unit Extended Item Description + duAntity Unit Cost Cost ST�P'TO YIPid f.00ATION UNITS$ N07.7:D% TMLAS DEPARTM W OF TRANSPORTATION SEE SPECIFIC INSTRUCTIONS FOR IyACH LINE ITEM. 1. NIGF968-db-ib-g000. 3,273,050 SVCU f1.00 $3,272,060,00 CLEAMO RIGHT OF WAY PARCBL(S) SERVICES MEETING MOT SP80"CATION 965446-16. LATEST ISSUE 1310 SCHEDULE PRICING - ATTACHED ALL ITEMS ON THE BID SCHEDULE SHALL BE PAID USING THIS LINE FM)& FOR THE PURPOSES OF THIS BID, THS UNIT OF MEASURE i SACH SHALL BE THE TOTAL AMOUNT OF THE ATTACHED BID SCHEDULE, 5 PAGES. "SACK SVCU(SEHVICE UNM IS PRICED AT $140. IMICING SHALL BE FOR PRICE(S) BID AND ONLY FOR WORK AUTHORIZED IN THE PURCHASE ORDER. ALL PRICING ON THE BID SCHEDULE SHALL BE FDLBD FOR A 24 MONTH PERIOD. TXDOT WILL BE RESPONSIBLE FOR TESTING FOR ASBESTOS, Glenn R.-H41V Director of Purchasing Issuing EmYee Signature Issuing Employee Title PWtwe n Dd;—: i/the a n&-w..(o r w rt:.er One soppow 6Y Me rwunuerf IMMly 40e wr o MAM"k hW& thft**#W, M&hW PtObW MMPWt MMU AF ddwt r ff $WjWin eni roew Imp hib" to .,tar N#M*U t mn,t the 312e w.1 N the row to Pwra% a ePed(aed MOP40 dmamAeM end dory the oww" !m Dtset and Out gf4end1/oI• rfenr, ro the No a„baNtraalan, or aenntletinnr /rrl�tlMi PAW wimp Appr"w d the Awe oanh.ermp- 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 12/38 ... Taxes Di Trl1►Ispnrtadp7 To: INTERCOM ENVIRONMENTAL, INC. 2214 FM 1187 BUILDING e6 MANSFIELD TX 76063 PACE 2 BLANKET P.O. Not B182OM10785000 MASTER PO Bad Number. B182006011843000 P.O. Date: 0b110/2006 Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 75813-3067 VENDOR ID:162W7774b-000 - - - BUYER: 864 - IrON'�`�C) RY, MICHAEL - — - - - -- Unit Extended Libor Dewrlpoan Qu■ntky Unit _._ Cost Cost 2 NIGP 94�,30-9b-0000. BONDING SERVICES. PERFORMANCE AND PAYMENT "***** NOTE •**'THIS 19 A NON -BIDDABLE LINE ITEM**** THIS LINE SHALL BE USED TO I41MBURSE VENDOR'S ACTUAL COST FOR SECURING PAYMENT OR PERFORMANCE BONDS, WHEN REQUIRED. VENDOR SHALL PROVIDE PROOF OF COST OF BONDS AT TIME OF INVOICING OF PROJECT. PROOF MAY BE AN INVOICE OR BILLING FROM INSURANCE AGENT. BOND COST SHALL NOT BE INCLUDED ON BID SCHEDULE. ►M.*'M*M MM****NN00" SPECIFICATION 968-66-15, MARCH 20W SECTION 10. •..+.*.**NN.w*.N**. �N*N** 3. NIGF 962-96-99-0000. FEES, MISCELLANEOUS. ."*N4N0►a.a**N0 W MNN40N ****9'HIS IS A NON-BIDDABLa LINE ITEM—* THIS LINE SHALL BE USED TO REIMBURSE VENDOR'S ACTUAL COST FOR ALL FEES PAID TO THE TEXAS DEPARTMENT OF HEALTH FOR DEMOLITION AND OR ABATEMENT OF EACH 200,000 ISVCV 75,000 SVCU $1.00 $100,000.00 S1.00 $75,000.00 03/05/2010 15:30 8178421710 Texas Dppa►'trneaf r TrAnaporiatbn To: INTERCON ENVIRONMENTAL, INC. .2214 FM 1187 BUILDING 06 MANSFIELD TX 76063 INTERCDN ENVIRD PAGE 13/38 PAGE 3 BLANKET P.O. Na 8182006510735000 MASTER PO Bid Number. B182006011343000 P.O. Date: 06/10/2006 VENDOR ID:15224377745-(M Une Item Item Description AUTH E RIZELi PROJECT. -- _ VENDOR SHALL PROVIDE A COPY OF THE TEXAS DEPARTMENT OF HEALTH LETTER OR INVOICB SHOWING, ALL FEES PAID TO THE AGENCY FOR DEMOLITION AND ABATEMENT OF THE PROJECT. tAgt+tt►�Mwtt tAMMtNltt�ttttttMF1 SPECIFICATION 96946-16, MARCH 2003, SECTION 12.4. tl gttttttN tt THE FOIJ.OWMG APPI=S TO THIS ENTIRE P.O. THE FOLLOWING 18 A BLANKET ORDER FOR DEMOLITION OF RIGHT OF WAY D ROVSMENTS, INCLUDING ASBESTOS ABATEMENT AND REMOVAL FOR T%DOT DALLAS DISTRICT, INCLUDES THE FOLLOWING COUNTIES: COLLIN, DALLAS, DEN'TON, ELLIS, KAUPAIAN, NAVARRO, AND ROCKWALL. TERM OF SERVICE SHALL BEGIN ON PURCHASE ORDER ISSUE DATE AND CONTINUE FOR A PERIOD OF 24 MONTHS WITH TUB OPTION TO RENEW FOR UP TO TWO ADDITIONAL PERIODS OF TIM$, PROVIDED BOTH PARTIES AGRE$ IN WRITING TO DO SO PRIOR TO THE EXPIRATION OF THE PURCHASE ORDER. THE FOX44)WING SHALL APPLY TO EACH PROJECT (PARCEL); 1. VENDOR AND TXDOT REPRESENTATrfE SHALL JOINTLY PERFORM A SITE SURVEY AND AGREE TO AN ESTIMATED PROJECT COST USING THE BID SCHEDULE - Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALI.AS TX 753134067 BUYER $64 — MONTGOMERY, MICHAEL Quantity Unit Unit Extended Cost Colt i 91� 03/05/2010 15:30 8178421710 Texas Dop�srotwnt of rianaportatlor► To: INTERCOM FNMONWUUMAL, INC. 2214 FM 1187 BUILDING M6 1VIANSFIBLD TX 76063 VENDOR ID-15224977745-OW Line 1. item Item Description INTERCON ENUIRO PAGE 14/38 PAGE 4 BLANKET P.O. Na 131820MI0735000 MASTER PO Bid Number. B182006011343000 P.O. Date: 05/10/20M Purchase Of Services 2. VENDO$ SHALL COMPLETE BACK PROJECT WrMIN THE FOLLOWING DEMOLITION SCHEDULE. *• TOTAL COMPLETION TIME SHALL BE NO MORE THAN W CALENDAR DAYS FOR „w,,,,,,a,► x,ALAN1180 CALENDAR DAYS FOR COMMERCIAL,ezA,w, A.i Aua, FROM THE DAY WORK I$ AL i rawba—u.BY TXDOT =PRESENTATIVE. •• BOND(3) AND MAS DBPARTMBNT OF HEALTH (TDH) NOTIFICATIONS SHALT, BE SUBMITTED TO TXDOT WITHIN 10 CALENDAR DAYS OF THE DATE WORK IS AUTHORPLED BY TXDOT WRESENTATIV$. " ABATEMENT AND DEIi LITION SHALL BEGIN FORMS ARE PROVIDED TO TXDOT AND TDH. ABATLI UM SHALL BE COMPLE'I'BD IN ACCORDANCE WITH THE ABATEMENT SPECIFICATIONS. 00 DEMOLITION SHALL BEGIN WITHIN b DAYS Or COMPLETION OF ASDINST OS ABATEMENT. VENDOR SHALL PROVIDE A COPY OF THE ASBESTOS ABATEMENT OONTI;ACTOR'S LICFME WITH BID SUBMITTAL VENDOR SHALL MAINTAIN CERTIFICATIONS THROUGHOUT THE TERM OF THE PLiRCHASE ORDER. T99MG FOR ASBESTOS WILL BE TXDOrS RESPONSIBILITY: REFERENCE PAR: 9. OF SPECIFICATIONS. SERVICE SHALL BE PERFORMED IN ACOORDANCE WITH! •• TXDOT SPECIFICATION NO. 968-89-I6, Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION DALI.A,S DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 753134067 BUYER- 864 - MONTGOMERY, MICHAE_L _ Quantity I Unit ccnit ceded CONT NFUED 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 15/38 t DAMHment fff Tmmpor wn BLANKET MASTER PO To: INTERCON ENVIRONMENTAL, INC. 2214 FM 1187 BUILDING ##6 MANSFIELD TX 76063 VENDQR. ID:15224377745A= Line i Item Item Descrtptbn 4 PAGES, REVISED MARCH 2O08, WITH. THE FOLLOWING EXCEPTIONS: — PARAGRAPH 5.3 SHOULD READ: "DSMOLLBH ADN DISPOSE OF THE IMPROVMd3NVS) LOCATED ON TXDOT RIGHT OF WAY AS DIRECTED BY TRZ TXDOT A." nsaeAlTATIVB, AS A MINMUM, BUT NOT LLMI'PP.D TO, THE FOLLOWING MULL BE rNCLUDM BUILDINGS. STRUCTURES. CONCRETE Oil ASPHALT BLABS, FOUNDATIONS, FOOTINGS, DRIVEWAYS, PARKING LOTS, TIRES, ANY DEBRIS, FENCES AND SWUQAING POOLS., -- SECTION 10. PARAGRAPH 10.6, - DEISM •w BID SCHEDULE, 5 PACES •• TEXAS DEAPRTMENT OF TUNSMRTA77ON GENERAL TS MS AND CONDITIONS, REVISED AUGUST 2005. — PAYMENT WILL BE IN ACCORDANCE WITH PART I1, PARAGRAPH 9. AND 9.1, PAYMENT WILL BE MADE IN THE FORM OF A %UMp SUM" WHEN IN"OVEMT M)13 REMOVED, DESIIIS IS CLEARED, ALL WORK IS APPROVED BY TXDOT RRPRE3ENTATME. ALL NOTWICATWN FENS HAVE BBSN PAID TO TI1N TLKAS DEPARTMENT OF HEALTH (IF APPLICABLE) AND UPON RECEIPT OF DOCUMENTS SH0441NG PROOF OF SUB- CONTACTOR'S COMPLETE AND FINAL PAYMENT (IF APPLICABLE). -- INSURANCE SHALL BE IN ACCORDANCE WITH PART U, PARAGRAPHS 10. THROUGH 10.4. WrM THE FOLLOWING EXCEPTION. PAGE 6 P.O. No: B192006510785000 Bid Number. J3182006011843000 P.O. Date: 05/10/2006 Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER. PROCESSING PO BOX 183067 DALLAS TX 76813--3067 BUYER; 864 — MONTGOLdER , MICHAEL _ -- Untt Extended Cuentity Unit cost Cost liusgo 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 16/38 we re Texas Dep�erbnsnt at Thmpoetitim To: INTERCON ENVIRONMENTAL, INC. 2214 FM 1187 BL=ING *6 MANSFIELD TX 76063 VENDOR ID:15224377746- 000 BLANKET MASTER PO Line Itmn Rem Description VENDOR SHALL HAVE i1,o00A00.00 COdi MM GENERAL LIABIL M INSURANCE. PLEASE NOTICE PARAGRAPH 10.OF THE GENERAL TERMS AND CONDITIONS. VENDOR RECEIVING AWARD WILL HAVE 10 CALENDAR DAYS AFTER RECEIPT OF ORDER TO PROVIDE REQUIRED PROOF OF INSURANCE AND TO MIN PERFORMANCE UNDER 77M PURCHASE ORDER. FAILURE TO DO SO MAY RESULT IN CANC1s:LLATION OF THE PURCHASE ORDER AND RE -AWARD TO THE NERT RESPONSIVE, RESPONSIBLE BIDDER ** TXDOT FORM 20:102, CERTIFICATE OF INSURANCE. PRIOR TO INIT ATION OF ANY WORiL, VENDOR SHALL COORDINATE WORK SCHEDM8 WITH TXDOTS ASSESTO SERVICES CONTRACTOR. QUANTITY(IRS) ARE V0701ATED: TJMOT DOES NOT GUARANTEE TO PURCHASE ANY MINIMUM QUANTITY. TXDOT RESERVES THE RIGHT TO INCREASE THE QUANTMIES) OF THE PURCHASE ORDER AT THE SAME ORIGINAL TERMS AND CONDITIONS. THE VENDOR WILL BE NOTIFIED IN WRITING BY PURCHASE ORDER CHANGE NOTICE OF ANY REQUIREMENTS FOR ADDITIONAL QUANTITY=). ANY CONTRACT RESULTING FROM TEUS INVITATION FOR BID IS CONTINGENT UPON THE CONTiNtIED AVAILABILITY OF APPROPRIATIONS. PAGE 6 P.O. No: B182006510735000 Bid Number: B182006011843000 P.O. Date: 05/10/2006 Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OP TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 75313-8067 BUYER 864 - MONTGOMERY, MICHAEL Duintity I Unit Cow ExtCo ended-- - .._ _ ..— _� — — - 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 17/38 Texas of rrsnaportsdarl To: INTERCON ENVIRONMENTAL, INC. 2214 FM 1187 BUILDING #6 MANSFIELD TX 76063 BLANKET MASTER PO PAGE 7 P.O. Na $I820MI0+735000 Boa Number. B182006011343000 P.O. Date: 06/10/2006 Purebase Of Services Agency To Invoice - TEXAS DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 7531"067 VENDOR TD:15224377745-000 — -- _ BUYER 864 — MONTGObII_ +'RY, MICHAEL Line Itsl11 Unit RxtwxW item I Desoriptlon Quantity Unit Cost Cost - - - THE STATE C1F TEXAS WILL �RMIT _ ._ "UN1T PItI�CS" ADJUSTMENTS UPWARDLY OR DOWNWARDLY WHEN CORRELATED WITH THE PRIG$ INDEX SPECIFIED HEREIN. UNLESS OTHERWISE INDICATED, TIT$ PRICE INDEX SHALT BE THE SPECIFIER INDEX AS PUBLISHED BY THE EUREAV OF LABOR STATUITICS, WASHINGTON, DC 2W12. THE BASELINE INDEX SHALL BE THE INDEX ANNOUNCED FOR THE MONTH IN WHICH THE BIDE OPENED. UNIT PRICES MAY BE ADJUSTED FOR EACH RENEWAL PERIOD IN ACCORDANCE WITH CHANGES IN INDEX THE ALLOWABLE PERCENT CHANOB SHALL SE CALCULATED BY SUETRACTING THE BASELINE INDEX PROM THE INDEX ANNOUNCED FOR THE MONTH IN WHICH THE RENEWAL OPTION IS EXERCISED AND DIVIDING THS RESULT BY THE BASSLIPiE DMEX. THE ALLOWABLE PERCENT CHANGE SHALL BE ROUNDED TO THE NF.ARIW ONE- HL.4.w dww , A OF ON$ PERCENT AND SHALL. BE THE MAXIMUM UNIT PRICE ADJUSTMEM PERMITED, EXCEPT THAT THE VENDOR MAY OF'F'&R PRICE DECREASES IN EXCESS OF THE ALLOWABLE PERCENT CHANGE, PRICE INCREASES FOR THE FILET AND SECOND EXTENSION PERIODS WILL $E BASED ON THE CPI-W, NOTICE: COOPERATIVE PURCHASING MEMBERS: THIS PURCHASE ORDER IS AVAILABLE FOR USE BY QUALIFIED ENTITIES PAYMCIPAnNG IN THE TEXAS BUILDING PROCUREMENT COMdIISSIONWS (TSPQ COOPERATIVE PURCHASING PROGRAM PROVIDING IT DOES NOT CONFLICT WITH THE ENTITIE" STATLr=, POLICIES OR PROCEDURES. 03/05/2010 15:30 6178421710 INTERCON ENVIRO PAGE 18/38 no - - - 7'wces Do�vre7lsrt of r,�sportaac„ To: INTERCON WMIR,ONMENTAL, INC. 2214 FM 1187 BUILDING #6 MANSFIELD TX 76063 BLANKET MASTER PO VENDOR ID:1522437774&400 Line Item Item Desalption QUALIFIED ORDERING ENTITTF.S MAY USE THE PBICR SHWON IN THIS PMCHASE OUDERTO ISSUE PURCHASE ORDERS MR STATED QUANTI'rMS), DELIVEIMS) AND LOCATIONS) MUST at DIFFERENT THAN THE ORIGINATING AGENCY'S LOCATION(S). ANY PURCHABF ORDERS SHALL REFERENCE THE KMCHASB ORDER NUM ER, ORDER DATTS AND BID NUMBER. ANY ACTIONS NECESSARY FOR THE AMNIMUTION OF THE PURCHASE ORDER(S) ISSUED BY PARTICIPATING Gil zXIA w1 ARE TiIB RMPONSIBILITY OF THE LN7rrY AND WILL NOT BE ASSUMED OR MANAGED BY THE ORIGINATING AGSK". THE99 ACTION$ INCLUDE, BUT ARE NOT LVAITED TO: FUNDING. DELIVERY, INVOICE PROCESSING, CANCELLATION, PROBLEM RESOLUTION ANDrOR ANY 01 R ACTIONS BETWEEN THE VENDOR THIS IS A MULTIPLE AWARD SZTWICE ADVERTISED UNDER BID 9WON0912"000 ALL S4r'r .A%A A0,G DOCUMENTS CAN BE FOUNT) WITH THAT BID. VENDOR CONTACT: PRRSIDENT i KAREN ANDRFVS PHONE: $17 477-M8 FAX 817 477-9990 PAGE 9 (LAST PAGE) P.O. No: B182006510735000 Bid N,nber B182006011843000 P.O. Date: 05/10/2006 Purchase Of Services Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 DALLAS TX 753184067 BUYER: 864 — MONTGOMERY, MICHAEL Cuantity Unit Unit Coat E Cost P.O. Total s8,448,060.00 Submitted by: Intercon Environmental, Inc. Bid Schedule - Right - of - Way Improvements(s) - Demolish & Asbestos Removal TOOT Specification 968-66-15, March 2003 Bid No.: B182006091254000, Opening hate: 03/2812006 Part I Pricing Schedule for Demolition of Improvement Estimates - 24 Month Period Item Description Estimated Unit of UNIT Ousntlty Measure PRICE if 800 Square Feet, not Including slab NO]- 1500 Square Feet, not including slab 1501 -2209 Square Feet, not including slab 2201 - 3000 Square Feet, not including slab 1800 -1500 Square Fet, not including slab 1501 2206 Square Fet, not including slab 2201 - 3000 Square Feet, not including slab Concrete or gunite in ground (including spas, .JaC11/1,15, e(c.) Hitt EkyCWTX DOT- - I - 8,000 SQ> r 31.3D 45,000 SQFT S1.25 110,000 SQFT St.20 60,000 SQFf $1.15 TOTAL $10,400.00 $56,250.00 5132,000.00 569,000.00 8,000 SQptr1- S1.30 $18,400.00 60,000 SQVr 31.25 $751000.00 110,900 SQFT S1.20 _ - $132,000.00 200,000 SQFF 31.15 $230,000.00 700,000 SQirI' $1.11 $777,000.00 2,000 CUFT $2.50 $5,000.00 Bid No.: B182006091254000, Opening Date: 03/28lZ{i06 Part I Pricing Schedule for Demolition of Improvement Estimates- 74 Month Period 1.4 Resldentinl slab. Single family, including footers, beasts, piers, etc. 1.5 Commercial slab including footers, beams, piers, etc. Concrete and asphalt removal, driveway, sldery 94 patio, parking 1.6 lot, etc. with or without reinforcement up to 6 " thick Per inch of additional tblekoew of pavement for item 1.6 1.7 Misc, debris removal, i.e. trash, shrubs, above ground pools, etc. Does not Include debris as a result of demolition. 1.8 Removal of misc. items, meta[ or wood storage sized, etc. 1.9 Removal of mlsc. items, wood or metal fence, etc. 1.10 Removal of wood decking and supports Surcharge for transporting debris (outside of county where work is 1.11 being performed). Includes debris as a result of demolition and other, 1.12 Mobilisation Fee (Includes disconnect, equipment, generators, Ira Me control, etc. 1.13 Freon recovery 1.14 Commercial storm sewer, cut and cap (up to 12" Diameter) 1.15 Commercial storm sewer, cut mad cap (12" - 24" Diameter) 1.16 Pump out septic tanks and remove 1.17 Siguage, commercial advertising, etc 118 Fill dirt 1.19 Spccial (temporary) site protection seed:: fencing, barricades, etc. 1.20 Sick screen fencing (permanent placement) ©id Data. DOT-- .2 Submitted by: Intercon Environmental, Inc. 220,000 SQFT $0.60 $132,000.00 600,000 SQPT 50.60 $360,000.90 500,060 SQFr 30.60 S300,000.00 10,090 SQFr 50.10 31,000.00 5,000 CUYD $10.00 S50,000.00 2,000 SQFr $5.00 310,000.00 15,060 LFr $2.00 S30,000.00 5,000 SQFT S2•00 $10,000.00 120,000 CUYD $0.00 $0.00 409 EACH S700.00 $280,004.00 5,000 LB $3.00 $15,000.00 10 EACH $400.00 S4,000.00 10 EACH 3500.00 $.%000.00 12 EACH $3,004.00 536,000.00 1,000 SQFT S2.00 S2,000.00 50,000 CUYD $4.50 S225,000.00 2,090 LFr $2.09 S4,000.00 21000 LIFT 31.50 53,000.00 m W 11 m �n N m m �n w m m m A N m H rn z H 0 b m N m I- W OD r Did No.: 8182006091254000, Opening Date: 03/20806 Part II Pricing Schedule for Abatement and Removal of Asbestos Minutes - 24 Mouth Period 2.1 Unolcum or Floor Covering single layer, may Include +nastic 2.2 9heetrock ( joint compound 2.3 Floor Tile, single layer, may include mastic 2.4 Floor Tile, multi layer, may include 03830c 2.5 Spray on Ceiling texture 2.6 Spray on Wall texture r 2.7 Cement Shingles, corrugated, non -corrugated tiles, etc. 2.8 Cement Shingles, Transite 2.9 Felt Paper 2.10 Siding Translte F t Submitted by: Intercon Environmental, tne- 5,040 SQJT 32.00 $10,000.00 10,890 SQFT $2.09 520,000.00 5,000 SQFT S2.00 $10,000 00 1,000 SQFT $2.50 $2,500.00 1,000 SQFT 32.00 $2,000.00 5,000 SQFT S2.00 $101000.00 11000 SQFT $2.04 $2,600.00 500 SQFT $2.00 31,09too 5,000 SQFT S2.00 S10,000.00 5,000 SQIrT $2.80 510,000.00 ate DocaM DOT— .3 - Bid No.: B182006091254000, Opening Date: 0312812006 Part Q Pricing Schedule for Abatement and Removal of Asbestos Estimates - 24 Mouth Period 2.11 Illowa-on or Spray lnsrclation 2.12 Wall Panel Heater Insulation II _ l 2.13 Trausite Soiflts & Facts l 2.14 Carpet Removal 2.I5 Insulation and Mastic on Pipe less than 6 inches diameter 2.16 Insulation and Mastic on Pipe 6 to 12 Inches diameter 2.17 Insulation and Mastic on Pipe greater than 12 inches diameter 2.18 Mastic on Duct Insulation 2.19 Debris not classified, mixture of various types of asbestos and trash. 2.2 Mobilizatloo Charge 2.21 Demobilization Charge OW Doc&= OOT— .4- Subrnftted by: Intercon Environmental. Inc. - 10,000 SQFT $2.00 3.20,090.00 5,000 SQFT $2.00 $10,000.00 1,000 SQFT $2.00 S2,000.00 10,000 SQFT $1.00 $10,000.00 1,000 LFT $12.00 S12,000.00 500 LFT $15.00 $7,510.00 100 Lrr S20.00 $2,000 00 Soo LIFT $4.00 $2,000.00 1,000 CUYD S40.00 $40,000.00 30 EACH $1,000.00 S30,000.00 30 EACH $1,000.00 $30,000.00 G) w m N m m cn m 1-4 M 9 m H 0 3> w m N N w CD Submitted by: tntercon Environmental, Inc. W m Bid No.: B182006091254000, Opening Date: OU2812006 m m Input Grand Total on Line 1 of Bid F, �— C==> Gro od Total $3,273,050.00 to m It will be TxDOT's responsibiltty to test for asbestos. Excluding the above mentioned, TxDOT wil nermoW take responsibility for any other removal and disposal of Hazardous Waste/Materials (unknown substances). p N Bonding and TDH fees shall not be Included in the pricing schedule. m This bid schedule shall be returned with sealed bid for the bid to be considered. N W Bld Decorrx 00T— Co 03/05/2010 15:30 8178421710 INTERCON EMVIRO PAGE 24/38 TEXAS DEPARTMENT OF TRANSPORTATION GENERAL SERVICES DIVISION PREPARFA BY: VICKIE GRAFF: CPPS, CfPMRERRY SMITH. CTPM SPECIFICATION NO. FAX NUMMR: 512-410-41SW13-002241120 TrDOT 9"4&161 EMAIL: 1 REVIS91X. MARCH 2O03 1!il4YF PUBLICATION This sped4callon Is it product of the Tun Department of Transponedon (TsflO1). It Is the pracuos of 7x= w support other anWNs by malting this spools don evallatte trough National Insdu,le of GOMemmental Pumheetnp (NIGP), This spaellcdon may not bar sold 10f pnhtit err frnorrelary gain Ifthis apeclklseon is altered In any way, the header, sod any wl all refaranoes tO 7xDOT mist be removed. Tx00T does not assume rw accept any Aabft where this sped oodai u uad M the procvsmert process loin any adner ar", 1. SCOPE: Ttds spad t Affl desv4es the ser w4us to move or demoYh, sewage andror dispose of Improvements on right of way parcels purdased for highway Improwa+snts and anhancement proisefs. 2.1. As work pefkrmed Under the Pufahne oroar shah be In oompAenoe wMr all federal, state and local Iwo. statutas and ordinances In wsroee turiadigion the sarvica Is peffomned. 2-2. The vendor shall obtain on permits regdrsd to perilo m to work. 3. A^ "TTESTuo; The tmpreaemen(s) U BEPN IF-$= for regulated saboan contain" Me"" Pt", A copy of the report Of the Wings is avallable upon request, The Ieaft was done wtlhoW any dtred apavisioo loom TxDOT and the reportreflseu the condudona of Me tearer, not TxDOT T%DOT mates no warranty, ouararrtss, or reptasenOSlW. ads or Impow. concerning the accaff y, correctness or aompiak"ea or said report. 4.1. RegWulanl than have tires years of expertar0s in moving armor derroAatlYq buildings (Ref. Pers.152). 41. Respondent shall hold and raisin for the duration of time purchase order, an appl able k wrsas and permits mmsesery to perform so mvloee pwb* ft b the purdah order (Rsf. Pars.16.3), 5. SISM RE0UIRF1J9WM: The vendor shst 5.1. provift an labor, mseriak. facmum squlpnard, services. permits, nogncatlona and agreements racesssry to pu(omn "work required. 5.2, AftW pre.wofit site vlsib and 000rdlrraee s srhedala actin TxDOTa dosigndad mpmow* ve fbr at rl and coil lion data of sech protect. 5,3. Mule atd/w dernbnah, anlvoge andfor dispose of RtM tmprovsrnsnt(s) located on the paraw(s) as Shawn on are agdtstlon. N a n4r*roum, but not iknNad to, the {Mowing st>♦If be iriduded: buildings, strucaeft eoncrels or asphaA stabs, tbundawns. foatlngs, drIvrasys. pa►ift lots, limas and wrlmn" pools. 3A. It spplic". recow sit retrfgaarits from equipment in saowdence with all &MksbN laws prior M moft or dwnotlshkmg the Improvement. 3.6, Arrange for all privets uNy Arras servIft the property to be d wonnacted. copped or relocated. Inducting all alawa t, sewer, weler and natant ges lines. 6.5. VmtYrbr yells shall be copped or pkgPed, as directed by TxDOT, In s000rdence with all fadaral, stale and local regulations. • This SpeoNiCatton Supwandes Specification TxDOT No. 966-f36fS, Dated hbvlrnbar 2002. 1.4 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 25/38 SPECIFICATION NO. TOOT 968458-16 DATED: MARCH 21103 11.5.2. AN sand and liquid material shell be removed itom "Plk tanks. Septage Shop be trenaportsd and disposed of In socadarwe welt all federal. stale and local rngulsaans. 5.6. Provide a *W supervisor at the pm)od any limo work Is being perfomrod. airs site supervisor shall have the Willy to make o"Its decisions. 5.7. Comply with go following f On imprwemanl Is to be moved: 6.7 Transport In rtcoordanos wuh as slate and Foal ordinances and regulations. 5.7.2. Obtain any pnmah and make necessary arrangements wwMh local authorities to InirAW the kepnowernoft Including assorts, ll required. 5.5. Apply water to the ground and to debris prior to and during demoliton to n*Omtn dust raleled to demolition. 5.9. Contain of bow trash and debts In a dosed container. 6.10. Canduct operallans to onsurs tittle or no obstruction or hharterance whh roods, atreeta, wsrta and other adjacert 000upiad or used facilities. 9.1 Allow move ss to the property at eg dmes providing eooess would not Warfare with operations andlor endanger Owes. 5.12. Secure property atom unauthorized w**nca. V a. Be responsible for ihs prosemadon of all pubtk and private property and use every precaution to prevent dome" INarePo. Any damage OW be repaired andlor replaced at go expense of the vendor. 5.14. Return on mstor" used by TXOOT to secure the Imilmwomenb to TxOOT prior to beginning worn 3,16, tltdrall any halt ordeproalloa exposed as a revue of removal of Improvements with dean sou to meet the surrounding grade level. Chan sate stun be compacted aonsbterd with surrounding grade. US. Upon completion, Nave In* pwool(s) free of of debris and In an orderly stole Including sweeping sidowwstke dear of dirt and debts. 5.17. To the greatest extent posalble, salvage, muse or mayde waste matadrs produced In order to mirdinto the hoped of mrrhudlon wastes on WON, and to minimlzad the experdtlu a of snergy and coat in l brlaft new makorisis. 5.13. Property and safely transport and dispose of dt debris at an approved Texas Comminslon on Environments! Quauly (TECO) disposal Pedlar. Proof of where disposal of ramie occurnW shall be provided 10 Tx DOT, Cant for disposal shah be but uded In fee bld prta. S. TRAFFIC GOAML U. The vendor shall adhere to the gaidetnas and procedural set forth in ttw Texan Manuel on ilrrlfonn TrafAt Cantroi Devices, latest lasus, regarding tone closures. 5.2. TraMa control plans shaft be pAwMad to and approved brTxIDOT prior to doekeg any tra/6e Ions. VEN0093 USE OF : The vendor shall: Nat use any explosives w1hout w Men approval from TxOOT. Handle and store equipment, matatele and supplies in a soh ate orderly manner and keep the premlees orderly, sanmary and free from socwrnAauon of ndbish rewatlng tram operations_ T.tl. Be responsible for any materiels #Wor equipment WR an are. Any lose of materials andlor equipment due to craft, vandalism, eta shall be the tOMI respornibully of the vender. t.4. Not ufte the work alto or other aaodated TxDOT property for ire purpose of dletrlbutlng at sa ft any pardon of the Imprbwmerk. a. A9&d •c WZ& The service area is shown on the solcimtlon. Z-4 03l05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 26/38 SPECIFICATION NO, TxDOT 98645&1 a DATED: MARCH 2O03 6. taZA8= MATER if hatwdam materials, otter than two fdenit od on the aalkbabon, ass Tbund to ce present at any parcel. then mil work will be paoponad bnmedtatmy urrdl such Ifms that all hatardow mrlerlsNs an be mmadloted end disposed of properly. This work wA1 be handled under a ssporate purchase order. 10. PA) MEtdfAND PEREORIWIMM aONos 10.1. PAYMENT BOND: ff the Intel solicitation for servias to be psrfotmsd under the purchase order amoasds =23,000, the randors that submit a payment bond. 102. PERFORMANCE AND PAYMENT BONDS: M the total wkNoton for services to be performed under the pwW*n order axeeeds $100.00D, the vendor shall submit a perbmtance bond end payment bond. 10.3. Bonds shall be sxewlsd In accordance with Article 7.194, Vtomon's Texas Insurance Code. 10.4. Bonds are not mquked an pumhas orders under 3".000. 10.5. This cost of the bond shall be Included In to bid price. 10.6. If uslnp borda. the bond(s) shall ba executed on a form pmvklod by TxDOT and returned to TxDOT YAM 16 calendar drys OW wwgten notice has been issued to the vendor. A Poway of Atomey and a printed document siding the bonding company's name, address no tslephbme number and the Tetras OepsAmeni of ►nsurance bhphons number shall aacrnpany the bond(s). 10.T. Aomptabfa fortes of bonding arm ashlers meek, certified check or Mrovoabk le ter of cro& bound by a Ananclal Institution subject to the Isrwa of Texas; a surety or Mani* bad from a company chartered or authorized to do bushass in T=w and entered on the United Star Department of Trassurft tieing of approved sureuee or the Taxsa Departmmnt of Insurance tstinp; United Stales treasury bond: or cerpNleate of deposer. it. I : TxOOrs dMlQrow representative wit contact the Vander by lelaphom t0 request sennee order the purchase order. A written request for sanAos wit be hued or maW to the vendor within 24 hours ot InMfat nottoaton, Allknown irdormaton parbini ng to the parcel(s) win be sent wit On hu ftm nwquwL Work under to purrhmse order will be mudhonhad by alb -spec fk work orders Issued by TxWT 11.2. TxDors designated representative and bits vendor will odwedule a pre -work ate vt at to thne service Is requested by tslsphona. 12. 12.1. The vendor shall submit the bilowing to Tatra DepaAment of HUM (1'DH) prior to wnvnw mmaet of work 12.1.1. A completed and signed original of Orr forte titled TEXAB DEPARTMENT OF HEALTH DCMOLRWNIRENOVATION NOTIFICATION FORM requied by to TDH, and at smendmante or modMestans thwelo, thel have been pnwMsd Vo the TDH (the rams of the facility, owner shall be the Tetras Department at Tronsportallon). 122. VVbrk shall not commence until the roguirsd Ian work day uvkk g period as speckled by TDH has lapsed. 12.3. Yenta shall pay of applicable fft few for each project. 12.d. The vendor shell aubmN the kollow4q to TxDOT prior to ocrnmenow, ent st work 124.1. Proot Of vaurence. 12.4.2. Appncrbte bond(s). 12A.3. A completed and signed photocopy of fhr form tied TEXAS DEPARTMENT OF NEA.TH DEMOlR10N►RENOVATION NOTIFICATION FORM required by the TON, and at amendmanla or modMcoflons ehsnic. Oral he" been provided to the TDH. 12.4.4. AN other permits and/or natllgrflona mquired by any County raadudon WXft City cods or ardbunce, k gsthe► with all arnsn*ww* or modlfritlons thsn. a. 3.4 03/05/2010 15:30 8178421710 INTERCOM ENVIRO PAGE 27/38 WN SPECIFICATION NO. TsOOT 90840.15 OATED: MARCH 2003 12A.5. A signed statement that the above rettirenced forms and all amandments or mociffin tons ttrersto, were tumMNad ae faqutred. 13. 13.1. Vender shall submit I* Involve to the address stwom on the purchan order, 13.2. Vendor shall Separate the cast for each Yna gem on Ow purchase order. 13.3. Involve shall Include the tAW" IrAwavon 13.3.1. TXDOT Pur dws Order Number. 13.3.2. Irsvolos number. 13.3.3, Vendors name, fen* to address and talephans number. WA, Parcel number, location, dates of nrNoe and description of Servltres pertarmed. 13.3.5. Unk prim and etdensbn. 133.6. PfWafdteposa R; kn(Ref Pare.&IS). 14. PAY: TxDar will not par any trawl or per dlsm for services park med under tha purchase order. 15. W rr=QN SLernu; The tollowkV shag be submitted vAIh the voAdlatlom response. 16A. Compnlad and stpned lrrAtslon for 8M. 152. References: Respondents shall submit st best tine refs. so hm firms Met can substantiate the recluframenb in Paragraph 4.1. References may be dwJmd prior to award. NagaUva maponne mar dlsque ft ere sonellatton from aonstderedon. 15.3. Capin of kww (Rol. Para. 4.2). 15.4. HUB Suboontran" Man, 9 required on the sollellsdon. 1tt. $kY6t3E 16.1, No spilt swards will be considered. 1e.2. MAWrla pu d*n orders mat be awarded from tits saftwilan. grow will be mods to Ore Wasat responshre, responalble respondent mewing speegtceilm. A. kaxin um of Three purchase orders may be awarded. 4 4 03/05i2010 15:30 8178421710 INTERCON EN1lIRO PAGE 28/ 38 RsMeed: August 2005" TEXAS OEPARTItr Wr OF TRANSPORTATION TOM AND COMDITIOIai Psrl I of the Garoml Terms and Condoms shad apply to so solicitations (Requsat for Quota (RFO). invtieaon for Bids (WIM, Request for Offer (RFO) and Request for Proposal (RFP)) o1krad by TKW. Parts 11 and III are solicitation specific sddWoris to Part I. Tub proauemerht fags urder die otalutory etehor* of Tm a Governrna it Coda. Tlae 10, Subtitle D, Section 2151, et seq. (commonly known via the "Pu►cheaing Act). The purchaalnp procedures Irlokide stalutory requirensnte and these npulrernents established by rule of the Texas fluddbtq and Procurement Cornmles ion (WC) as contained In T8PC Rule 1TAC 112,1, et mesa All purchases are on a Aare, Oxed prim beefs unless otherwise stand In the soldbtlon. The purdlas» order may contain a 'roW Cost Not to F_hrha W alelenent. Vendor shag not perfam any work that may autcead eaher the port rieve omen total or the ramo+xoaed Iotsl wl lluM Wm wrklerh authorization *him the department. i . REQUinONOM AND ADDITIONAL INFORMATION 1.1. Our system requires pricing per urea shown And OWAA Iona. Unit prices shag govern In the event of si Wow errors. It a trade dlocourd Is offered on the soaglatlon raeponw, fl should be deduftel and net We salarlalar sho*m. 1.2. Reaponderd quararttees product ufhred vA meet or emceed speoMeatons Warrtlled In this soitdmtion. 1.3. The reapendant shad submk the required nhahtbo of response regthhed and In to mentrer stated In ire spedficaflon or on the sogdfstion. Ring binders or exce"kv Infbrmation are not p Wowed. Responses May be lob krdeorad. IA. Reepones ahould be "milled on tins solicitation 1bnn. K submOV mukipta response , sswh response should be placed In a separals envelope, correctly Idarood On the soddbtlan number and openktp/dhxdrhg dole, Response must be *m stamped In Wars, Meg Room or hand delivered to to address on to "dbtlon before the hour end date specilled for the solidlallm openlWdosing. 1.5. Lam responses will not be considered urdar any drwmganea. Correcpy Werhfl0ed tots responses will be rebrmed to respordentunopened. IS. DoaimeMallon provided with the nspanse should be comple4 and .. , .tare. Tx= Vila not be rasponelbls for locating or sethxlrhg Information not Included in the reepon es, Fa llure to Aim4tr law* 6 dooffnerdsrion won the may mk* in the response r e►eopmvib►e for any e�anew ro �q� pore or ed lincornplele and of docurnantsition that may iesuft turn Vft solicitation. 1.7, AA prtces shag be F.C.B daNrsMon, lielgnt prepaid and allowed. This means to vendor shag propay and Irhdude the freight dharges In the unit prim. 1.8. AN prices shell be grata for aeosptanoe for 30 days tram aoadtallon response dam unless ofherwlee stated In fhe saidlatiorh. "Discount from liar prking Is not aompfable unless requested. Cash discount will not be conaidwW in deberminkV to lac responw: however, as cash dli ours offend will be taken yearned. Prlce(s) shop not increase during Me lemr of the phudhaaa order or tins SonnmaM unlace otra wiu oI I l i + the epsd1111' W. Vandor shad ofler price reduotons that result In reduoed oat fA the vandr r dLAV the team of tiu purchase order. i.e. Faihua to sign the solldmtlon manually M the required spew wIll nlaquakfy 1 he response. The person signing the rssporse shag haw authoWellm to blrld the company In Contact, Sogcostion response shag khtlhhde Una IdarhgAcation H Der (IN)l, M firm name end xMrm of company. The TIN Is the hoepayar number assigned and used by to Compirogsr of Public Accourhm Of TWO& Enter this TIN In to space provided an the sokboon. I - This Revision superswise Previous Revtsfon, Revised: U& 2005 1-10 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 29/38 PAryWed: August ZOOS' 1.10. Any alle aetlione made before openlrWelcahlg dale and time shall be Inrdaled by respondent or suMrorlred agent. Response cannot be attend or amended attar opening/dosing date and Ems. A rasponee may be willmh wn N requested In writing prior to the opaning/ciosing data and time. A response may be withdrawn from coruldsr- ft after the openingtebskv date only with the approval of TxDOT based on resprxdoWs wrNo , eooa; tie reason. The response will not be considered for award but wlti be reWned by TOOT acaordirq to the Response Infarmatlon ConBdentlafity provlslon. 1.11. At the time of opsnkgkdostrq for negodated solicitations, only the names of respondents EMI be announced. Pftw wo not be dimiosed. 12. Purd►eeas mods for State use are *tempt from fhe State Sales tax and Federal Excise Ia. Do not include tax In raaponse unless oCtarwfse cpacinad In the solichation. Exelss Tax Eioemptlan Cartficste will be furnished by TxWT on request. 1.13. TxDOT reserves the right to aooept or rq t ail or any part of vM response, waft minor taclmialltive end make award to beat serve the Interests of the State. TxDOT reserves the right to roject any reryonse not prepared end submitted In accordance with the solldlation requirements. 14. Consistent and oonilnued is response pricing may feed to reAcdon of tits response by TxDOT erndfor rove dtiq Non for antitrust vlolations. 1.16. Facsimile (FAX) responses may be submitted to the FAX number provided In the souclatfcn for procurements lass Mien 525.000, unless altar wise sfatad !n Yte solicitation. For procurements $25,000 and greater. FAX noporxisa will not be omoldered hmleas etlhsrwise stated In the acecitaion. AI FAX responses wd* be signed In apace provided in the sotidation. TxDOT will riot be raapnnelble far failure of alas tonio equipment or operator error. Responses Mtat are sea, Ileglbte, tnconrplets or otherwise nonresponsive will not be considered. 1.16. It Is the Intent cf TYbOT to purdrase goods, equipment and sarohoes having the least advaree erMramhsnbd krtpad wftn the constraints of statutory purdratq requhanlsMs, dopertmentel need, availability and sound seonomlool oonsidersdahs. TkON oncouregtss suggested charges and environmental enhanowne is for aonleh Inclielon In future revlsione of Ink specifiaNion. 1,17. TxDOT Is committed to maintaining an alcohol-, drums, old lkearmdrse workptaoa. Possession, we, or being under the ktfiuence of acohol or controlled substances by vendors employees white In the parformance of any service is prohibited. Violation of We requirement shad cormOule grounds for a co ttmn of the Burch— order. Vlendors arnployeas chap campy with TxDOT's policy pmhfl*ing emoting In TxDOT buildings. 1.16. N work by the vendor shall be perforated between the hours of 8,00 a.m. and 5*W p.m., unless otherwise spedlled, only on werMV drys observed by TWOT. VMxktrg days we uetrelly Monday through Pridey of each week. 1.19, Response MoRftdm ConWondalty: N bloneallon submitted with i response M subject to and will be handled In accordance with the Tacna Pubk Inlay sdon Ad, Government Code, CN% ter 562. The Ad allowe the pubic to have access Ia kdbrrnaion in"possession of a gwwrimgmtel body through an open ►aoodda request. Therefore, the respondent must clearly Xlef ft in its resporm any oonfldaetial or propdaary kAormation. lamprietery ktlormaton Idanttiod by the respordard In the respon s, will be kept contidontlel by TxMT to tits extent pormltted by stile law, T WOOT will use best efforts to give the rosponderhr or the awarded vandcr an opportunity to present is aegtmlents to the Office of the Aaorrhey Ganeral why the Ida~ eonlidendsl or pmpristary Wormatm should not be disdosad. AJA information u*rnitbsd In a response must be retained by Tx= tar the period specified in TxWra record retention schedule created under Gouernmerdt Code. Chapter 441. Tits kft madun may not be returned to Ins respondent. 2. SPECIFICATHUS 2 The goads ilu fished or serviea perfomted shall be M sewdenee with the ptrnluse 4mill stions. Td]OT will decide ail quss1, me. which may ariso as to the Interpretation of the specifications and to quality, or acceptability of goods furrhtshed a work poftmed. M the soiidbllon is for a serwoo, Tx00T vAI decide the manner of pefarmorm and the rate of progress of the work and the acceptable fuHlpment of the service on the part of the vendor. 2.2. Any atelati, brand name or manutacturws reference ussd kn Ms sotidadon is deaatpuve only (not restrictive), and is used to Indicate type and quality do". Responses on brands of Ilk* natters and quality will be raneldered unless adv edtaed a: proprietary or sole source tinder Tosses Govemmerit Cods (TOO). Ttte 10, &ftVa 0, Section 2155.067. Show Manufacturer, brW or !rods name, and other deaaipuen of product offered on response. If art Is for other than unmpte(s) shown, Include IIk,Nradons and complete description of product in the mucilalton nrapones. if realmdent takes no I r - Pion to soselflorkns or reference data In the response, the vendor will the required to furnish brand names, numbers, W_ as specified, to 03i05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 30/38 Revlaed: August 2MS* 2A unless ollmwlse apecI ied. all Items ofted shot be new and In first class obrrdltioM Inciudhtg shipping and storage Contshors. Verbal agreements to the mob ary will net be recognitzed. 2.4. Product sample. when requested, must be tumtsh.d at no am to TxDOT. Knot daelroyed In exams aulon ar iestiutg, product samples will be returned upon rsquaK at respondWs experw& Each product sample abed be marked with mspordenf s name and sddreas, and TxbOT sotdtstlon number. Do not andw in or adarh raaponee to product asnplo. 2.5. TkDOT will not be bound by eny oral MAWroent or repreeenhtlon contrary to ilia wrkfan specMcetlons or tins wilcOidon. AN addenda to and InMrprebillons of this so/Cltstian shelf be In yr *V. Any addenda or krtemratoWn that is not In wrltrrg will not boally bind TxDOT. 2.8. r to vAdurert alsindard was...I shell apply unless otherwiss stated In tNe aoxdtation. 2.7, AN alacbiwi Name shall meet an applicable OSHA slandarda and rogulationa, and bear ere appropriate lm*q ham UL. FMRCorNOW 9. TIE RESPOMMS. Award wit be made in accordance with RUIt_ 1 Texae AdmWdh*ve Code (TAC) Section 113.8(b) (3) and 113.ef (Preferences). 4. PREFEREMCES A raapondw9 may daim a pnifWenoe uridar Rua tTAC 1134, To Ctelm s prelsranbe, a resporxient that IdmIlly to prelarena. an the lane of the solicitation. If the appropriate ant on the solicitation Is not marked. a prefdrance will not be granite uriecs other documents hrdoded In the bid show a MM to the prelsraimm, Prrhrencaa may be dalmed for the foRawkq: • Supplies, meladals a.qulpmard produced In Texas or olfsred by a Texas bidder • Agriarlbnal products grown in Tom • AViculturei products olfeed by Totes bidder • USA broduoed supplies, matelot or equOmm • Products pnrdueed at lacUm bcafad w k mtedy eanto. dnsled property • Products and aemices from aoonomMrally deprasaed or blighted areas • Producb of persona wNh memol or phyalcal dlsebg tas • Products muds of ntgmkd moodeis • Energy eAidarrt products • Rubb&kW asphalt pavkq nwelerhls • Recycled motor oa and rubdWnts s. DEUVF.R1f 5.1, Resporae should show number of dap raqulnd to plane maurisl, or begin service (If requIred), at TirDO ro dn%naiad loeoaon under normal CvndNlons. Fsb" to stab dMNwy time obligates vendor to aomplab dd" In U Warder do". LimeaftAlc tlsaysry prorrrtses ntey auto resporais to be rejected. +r 3.2. R delay is braseen. Candor shall gMa written notice to TxDOT, TxDOT has this r{ght to extend delivery data It means appear valid, vendor shot keep Trd)DT advised at all (Imes of statue or ondsr. Default In promised delivery (without accepted mesas) or NOW to meat apedlications, authoritas TxDOT to =Chase goods or WAcn elsvNhem and chugs full Inmate, If any, In Cost and handtne is debuldng vendor. 5.3. No subsirhaions, or eancellationa pwmRied wltiWut written approval of TxDOT 5.4. CWkwy shah be made durkv of W workbag hour only. unless prior approval has been obtah W horn TxDOT or oemwin abduct In saadtstiW. 5.5. Reoelpt of goods dose not cor►atltuM aboaptance, No was 03/05/2010 15:30 8178421710 INTERCON ENUIRO PAGE 31/38 Rwleed: Auprst 2OW 6. INSPEC'TIOW AND MTS: Goods and a w*n wit be subject to Inspection and fool by T XDOT to tno exwnt practicable at all umea and plates. left wX be performed on aamptes submlMed with the response or on samples; taken from regular shipment In the event samples tested fell to meal or aacsed fig condftlons and requirements of the spafiloplan, the oust of the sample used and the cosh of the lowft shell be borne by the vando►. Goods which row boot delivered and rejected to whole or In part may at TARO -re option, be rammed to the vendor or held for dhposltlon at hatndoPa rlott and moo so, Autiwrired TROT pamxvN t shot► have suxoss to any vendors place of buoBhan for the purpose of Inspodbv goods and services. Lownt defects may result In revocation of acoeptonw. T AWARD OF ! URCHME ORDER: A response to a solldtotlW le w offer to o flat whh TxDOT beset upon the tarns, candltlone and spadAdtlons contained In the solidtation. Respwass do not become oontrscts unless and Will 11MY an aoosptad through an aufhor@ed TxD0T designee by rowans of o purchase order, TA. Any ptadeae order resulting from Ilfls solndtabon Is subject to cancellation wW4Kd penalty, Nthar In whob or in part, It Vies sn riot appropriated by the Texan Legislature. The purchoss order for file procuaumers shoe be gowmod, construed and Interpreted under the lawn of to state of Texas. 72. BEST VALUE CRITERIA FOR PURCHASE OF GOODS OR SERVICES — When gloc.Had In the nldtation, the factors listed to Tsxao Govemmor t Cods. Title 10, SubtlGe D, Section 2163.074 even afao be considered in maltim a boat wqo award, This section opowa TxDO T Io develop End spply award evaluation atterla for a proauroment In order to obtain goods and servlow that provWe the best vow for TxDOT. In defomlNng boat value, other rolown! factors may be considered In addition to purchase price and vftthw the product meats spadfloatlons, Time factors are: • hmostlon curia, Me COO earls; • the quality and reliability of goods and servlow, the deltwry testa: indlcstors of prob" vendor portbmwove: • cod of amployse trainbg associated with a purchase; • the atTad of a purchase on sgoncy produdi ft and • otther hiders toloverd to detrm **g boot volue for the crate In to aafltehd of a partladar purchase. Under then guMdnos, a vendor Is not submstagy awarded a purchase order simply because they submit the Ieweat bud response. 7.3. The purchase order Is vold N sold or assigned to another eanpww wM W writes approval of Txwr. WFlften notification of changes b coMpany name, sddrsas, telephorm number. W. stab be pravlded to TXDOT ss soon as possible but not titer tan 30 dsys from the dap of charge. a. PAYMENT: Psymnd we be node in accordance with the Texas Prompt Payment Lew. TGC, Subtitle F, Cltapler 2231. Vendor shell submit two coples of a cored ranwoa ernota Wwwln0 the purdhese order number. payee I.D., remit to address, and pfhons ntaM or on d oopin. TxDCT wtti nay nc psnahy for tale payrnarrt H payment lemade In ao days or less from receipt of goods or services and a correct Invoice, whldeMor feleter, NOTE: Weh►arrta will not be issued oo a vendor wMaN a currant Toose Moo t1111cm n Number and wNt be held by the State Corrtpbotier M Niters Is a tax liabitky. a. PATFNIM OR COPYNOHTS: The vanoar ogroos to prabd TkOOT and the State from claha Involving bdri ngement of patent or copyr►g a. The vendor agree to fftdorehlfy, hold tirmless and ddivW TAT and the State From deft hnvoMfiq I I , : ,, of patent or c;V1aVtfte at vertdar's wpenre. 10. VFNDOR At3UM MENTS; Vendor hereby assigns purchaser any and all daims for overcharges associated with We contisd ~ ar+ss under to antitrust kwr otthe Unbd Stern (1S UA.CA. Sedlon 1, et seq. (1073D. old which aoseundu the andho tows of the Stele of Tons. Tau. Bus. 8 Comm. Code Ann. 3ec.1SA1, of Esq. (1907). Inquides pertak" to title solicitation must give sakArdon nu mbar and oporMWcioolne dap. RESPONDENT AFFIRMATION: lSgning this eoGdaton 141h a false sagas, Is a material breach of conlrsc t and she$ void the %Wm*led response or any rasulnrq contracts, and to respondent shei be removed from EM sollduacn bw By signature hereon efilmd. to respondent hereby cortlive lhak The reapwxW has not given, offered to give, nor Inlands to on at any Gme hereafter any eoonomtc oppartwity, naure omployme nt, g1% loan. grstu►gr, special discount, ". favor, or service to a pubic servant in connection wttf the Nub~ response_ 11,2. under TGC, T)W 10, Sublitie D. Section 2155.004. the respondent aerllfles that the VXWVMUef or buslness entity named in ttis response Is Eligible W receive me WSCMW Centred and acknov 10dgea that Oft eonlred may be tenminated and/or payment Withrow It this eorflnceaon Is Inocwrate, 4 10 03J05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 32/38 Revised: August 2005• 11 A. Nether the respondent nor the firm, corporRem , partnership, or InsOuMan represented by the realmdent. or anyone &dung for such ttrro, oorpanmon or inaYtutlon has violated tie antitrust taws of m is stets, codlllsd In Sedan 15.01. at seq., Texas Buono" and Commerce Cade, or to Federal Antitrust Laws, nor communlested directly or indtnrdly ate wildtadon made to arty competitor or wry o#w person angspad in such Ilse of buWness. 11.4, the respondent has not received compensasan for parudpalbn In the pfapsMon of the specs atim for this sallcftatlon. 11.6. Under TGO, Tills 5, SubMUe D. S*Ww 231.006, Family Codo (relating to chid support), the Individual or business amity named In this w1cltadon Is 9%ble to receive the spaciAed psyrnent and admawledges that this amdrad may be terminated and payment may be withheld If this w0codon Is buccurata. 11.6, Under Section 060.093 of the Tom Government Code, Tx00T may not enter into a contract wish an hldhi" who was the execuM director of Tk= during the four years belors to data of the contract, or wit anyone who swap a current or former Tx= eweeuthre director, unless the Transportation Comrniwlon approves the conlrod 1n an open mewng. 1f Section 669.003 oppisa, "ondent mud provide the fokw*g Mormellon ss an sWdWWA to Mks sollAft t response: Name of former TOOT awaftoe director, date of seporason frnm TOOT, position wBh respondant, and data of employment with respondent. 11.T The response hcaxkm Me names and Social Security Numbers of each person with a mdntmrm of 250i ownership of the business entity submiming the response. PA"ondeft that have pra{epistared this Inforrustbn on Oro TBIC Cenerattsd Master Bidders LIM have samaned this requirement. If not pre -registered, proMde On names and Social Seourtly Numbers on the fens of ffta solicitation response. 11.6. Respondent agrees that any payments due under this ooaksd w11 be applied tamralda any debt, Including but not tmlted to datigwnt taxes and onlid support that is owed to the Stets of Texas. 11.9. Fiespardent agrees to aowft with TCC, Tt * 10, Subdue 0, Saran 2165A"I . pwulnbq to service =leraat use of products produced In tit state of Texas. 11.10. Rdepondwd oardfloa Met trs responding ently and its prinnpsN are alglbe to partidolo in this transaction are have not beet wts)adsd to su""Won, deparment or abmosr bullp bl0ly determined by any "ral, state or tool .1 entity and that Respondent is in coroptanw with the Stein of Taxes atalutas and rubs rel it to procurewwrit end hat Repondent Is not acted on file fedaeai pyonameas twrotlsm watch tat as described In Executive Order 13224. ErWas hrollgibis for federal prat moot are Ilsted at [dg:Nwww.aRIZ�gov. 12, BUSCONTRACTIKG REQUIREMEW1111: In Accordance with Tom taovemmard Code. Ttte 10. Subtitle D, &xft M 2101.161-152 and Torras AdmintWdve Coda (TAC), Title Sedan 111.11 amp pursuant to the Tartan Butting and Procurement Commiseion'a (MPC) HUB Rules, TAC, TIOe Section M.13 and 111.14, all stets egsnda sntarmq into a contract with tan expected value of $100= or more 0*11, bald- the spaneV solicits bds, propoaak, altars, or other appllo" wWrsmabns nr hrtaraat determine ff t k probable for auboonlraCing o"cilu nitles tender the conked. if sub conaaaft opporlunt es are probable the state agency will stale such probebflhy in Pot bIcK proposals, ofUars, or other appNable expression of interest and rec"no the sulmholon of a Hb kdcaty LkhMnitlbxsd Butirmss (HUB) Submntraetng Plart (MOM. The H6P, N acceptable to tha sgerr-y. vAN bs a pfovislan of the coned. The MSP, bf required, may be found at 13. RE31PONDENT EXCEPTIONS OR CORDRION20 RESPONSES: Respondent exceptions andlor farms conditions attached to s response wW not be mnsldersd uniast spedlially refined to and clearly I @Mftd to such within the responas, NOTIL, Such amoapdom andfor tarns and conditions may rswn br d1squaltreatmn of the Mponew (e.g. response with the lawn of a state other that Taos, requirements for preps) msnt, Ilmiladons on wmedea, ale.). 14. tOPUTIE RESOLUTION: TWDOT has eatebbhed a dlspate nssohllon process -under 43 TAC 19.1 to attempt to remain at dtaputes cut may arras between the department and 1tro vendor under say purchase order resulting from tee soAcltettan. The do" resolution process provlded for ►n TGC. Tills 10, &fit* F, Chapter 22W must be used by Tx= and to vendor to attempt to resolve at dlepulas arising under this oanVaet 15. VOM AND 3URESOWT2011111. Venus for any =4 eoncaning this procurer nerx anti vW rftj" Pu►rhaw order shall be in a cart of competent grrtrdlctlon in Travis CwV, Tm w 16. VENDOR PERFORA11ANCE: Vendors are advised tut perfgmwtp vela be reported to eta T5PC. In accordance with TGC, Theta to, Subdue D, Chapters 2155.074 and 2165.075, vendor pofornanoe may be used as a factor In due award or a future solicitation. 5-10 03/05/2010 15:30 8178421710 INTERCON ENVIRO PACE 33/38 Revlsad: August 2005* 17. VENDOR RESPONiINUTIES 17.1. The vendor shall comply with all foderal, spate, and local laws, staMu, ordinanow, nag and regulations, and the orders and denude* of any wart or administrative bodies or or bunals In any rater affec" the perfo"mce of the purchase order. Including C appeoebb, workers' compensation laws, minrraen and maximum salary and wage ststutos and regulations. and ticarwlng laws and reputations. The vendor shall mak"n all required licenses, com entlons, sic. thmugnaut the term of the pure an order. Man required, the vendor anal Rxrhih TxDOT with satisfactory proof of 8s compliant. 17.2. The vendor shallbe responsible for damage to Tx00rs equipmam, andror the werkplsce and Its c a tents, by ks work, Its negligerme In work. Its personnel, or No equipirwrd. The vendor shall be responame and Nob* for the oaf ely, injury, and hesith of Its wvrgrq parsorsut whlh car employees are peA k g work for Tj0OT, 17.3. The vandor shay provide all labor and equipment noaessety to famish the goods or perform the service. AN employees at Cn warrior shot be ! minimum of 17 yews of sge and experienced In the type cit work to be pe bmwd. No vistors, wives, husbanda, ehldren or Dow relstl as of the vendor's srnployoee will be allowed on state property during workahg hours. unless they are bons lbe amployets of fit vendor, 17A. The vendor shag at as timed have a mintnu m of one Enghh4 pocking employee on the job. AN ampleyess anal be we"morried and appropriately droved when on TAWT propariv- 18. DAMAGE CLAIMS: The vendor shall deferd. Indemnity, and hob harnlon the able of Torras. s1 of Its officals, agents and amployess from and against all claims, acdorm culls, demands, procesdings costs, damages, and Nabiess% aRang out of. connected oft, or resulting frorn any ads or omissions of cw*War or any Vent, omploysle, auboontraclor, or su pptiw of comb CM In Are sxenrllon or performance of thin contrail 19. ABANDONMEMi OR DEFAULT: If Cie vendor dela ft on Are purchase order, TxDOT reserves the right to tenet tln purchase order wtlhout nolfos and skher m-Wdt or re -sward the purchase order to the nerd tohweet nosponslve and nsponalde msporrdenL The defauNkq vendor will not be considered In the r*soW&Von and may not be conski—A in fulum soedtatlone for the same type of work unless the specification or soon of work Is slgni lersttiy changed. 20. FORCE MAdEURE: TAM may grant flit iom performance of the purahm ardor It the vendor is prevented from erhdlor porformaino by an act of war, order of Isgd acdhorty, act of Cod, or other unevoldeNe cause not anrtbutshie to the fault or negtigsnce of the vendor. The tturdsrn of proof for the need of such ralef *wfl real upon fro vendor. To obtskn rslesse based on forty rnWoun, the vendor shag file a w m tm request wtih UDOT 21. RI "r TO AUDIT 21.1. The diets suartor may conduct to audit or investigation of any wally reachArig Rinds 1Fdm the state dlmcfty under this purchase order or k d mciy through a suboontrael under Ara purchase order. Acceptance of lords directly under this purchase ardor or khdlredty ttsough a subcontract under Chi■ purMose order acts as acceptance of the wlthanty of the state sudhor, under the direction of the legislative ouch con .nktee, to conduct an audN or Invoollgatlon to connection with those Asnds. Any antlly RMInd of an audit or bnhvesfigaefor► by the state oudkor apnoea to provide Cue state audhor with cows to arty Information the stafo auditor considers relevant to the Invoatlgatbn or audlL 21.2. TxDOT has Ana right to wAk the oration's books and records partaking to the service duxing the hours of Ahe normal workday. 2.2. EXTENSION OF PURCHASE ORDER 221, A purchase order In as Neal renewal period may be Axdher extended for a perbd up to 90 days of the option of TxOOT. The ranrawad purchase order shall be for Ins ofiginai price. ter. and wndidons, and any approved changes. 22.2. TxDOT reserves the right t* extend a purchase order for Urno on past the stated term to slow the vendor to complete the ragwrenhsnts. 23, WM VISM: Prior to and after award oft* pwchave *roar, designated TxDOT m0resontatives may conduct unannounced vials to Inspect the vendora fadlky during normal business hours to visk and Insped Me vendor's facility, monitor compilance In accordance wtlA TxDOT spedArAtlons or carry oaf performance audhs of The service at any time dwhg normal bh *mz hours. 24. CONFIDENTIAUTY CLAUSE: TxDOT is governed by laws and regulsom that maim certain hhtormatbn Mquenslal as WON so specifying how pubec knformetlon is released. The vendor and Its employees "I not dhrulga any iniannoton rate" to Tx00'rs businaes to a third narhv without the prior wrltan approval of TxWT. 0— f0 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 34/38 Revised: August 2006' 25. COPYRIGHT: vvnan applicable, each vendor ohell woo nsoeuery oopyriphb for Tx =. No vendor 0*1 assort rights at common law or In ttgUlty or establ h any calm to staatory copyuipht any material or Information developed In partrmance at the stMces aulhorlsad. TxDOT he$ the right to use, reproduce, or distribute any or ail of such tnfcrmaaon and War matertals without the necessity of obtaining oily, per.. Ion Irom the Yonder and wt t w expanse and charge, GENERAL; The following applies to a solicitation for Uhl purchase of services. These harm and condition are h addlilort to ftra In Part, 1.1. it oppgrsble to the service, TxDOT r+oommorida that the respondent Nett fhe ON and examine the span and/or equipment to be serviced. The respondent shall cwO* axemine those sperdllcaflons and. If necessary. man oddidanol k0orma w from the TxDOT purr wear that may be requleim to a clear and Art understanding of VIA work. 1.3. if products and/or materials are used In the performance of the eeMa. the vendor shall buy Twas products and/or matert" when tit yy are Availaable at a comparable price and delhory schedule. COMPETENCE OF VENDOR: Tote anttaed to CNAtderetlart, is vendor chap have available. Una necessary otg8rablon and fstUnaes to Unll en the aorviess required under the purchase order, Only pvfWMAI Voile" In services of #& type 5114111 be amplayed tailor and for fho purduft order. vendor MAN obtain any licanswoo mils requtled for the poilantenoe of the service. 3. INDEMWFICATION: q Y exprsssy understood end agreed to by both perfias mat TxDOT is con * cting wnhr tha vendor as on Indapandent contractor. and the vendor, as such, egress to hold TxDOT hornless and to kdww* TxDOT from and against any and all Jaime, demands and cruses of action of every kind and dhareeler whir." may be asserted by any employee or subm"oW of the vendor out of or In eofrhe m with the activities to be performed by the vendor for TuDOT. vendor understands and agrees Uhatindividuate Parton" services arc not atsta arnpbyeu. A. CIIANAIES IR WORIC F TuDOT debsrmMtse ltneanary to repose Oonacllons to Completed work due to eras made by the vendor, the vwxor athall con the work at no additional Cost to TxDOT. 8 TxDOT requires oranges In previously approved and completed work, the vendor Shan make such changes as directed by TxDOT and w11 be compensated for such at the same misa eatabllahed by each vendor's hourly rslea. 5, OWNERSHIP OF MATERIALS, PIWDUCT'IOIq, AND DOCUMENT# 5.1. Ali property rights, Inehidng publlce0w rlghta, to ad products developed Maunder shall be retained by Tx[GT 5.2. vendor ahel ensure IM dupllo *w And distrbulton rights are sec red for TxDOT from ale contractors efd subcontractors. 5.3. The vendor ndtan warrant that Individuals or dreraasrs appearing or dopkdsd tit pft vdeotapas, or audlokspeo have provided their wraten ewwant and have bow wmpw**W by each vendor for their appearance. Ir Approprbts. a. INTELLECTUAL PROPERTY: The vendor shill obtain an necessary permissions, copyrlphta Antd tredemarks for TxDOT. The vendor Allan not son" rights A common low or in equfty or astablish any claim to imalfedual property, indU tg. but not NmPoed trot my copyrights or do We aft for any malarial or information developed In performance of the owviao su hafted. TkOOT will own All rights, fr+chndit, but not umRad 10, the right le use, reproduce, or distribute any W an such Inlonnation and other materials wtlhoul to necessity of obtaining pemtlemn tram the vendor and "pout expense and Charge. 7. RENEWAL OF SERVICES; The purchase order may be renewed for up to two adr111oW periods or Ilme, or as ofharwiso staled in the solicitation, provided both parties agree In writing to do so prior to the a,g*Ww of the purchase order. 7.2, TXDOT MKK*es A Yendor to provide Wftn )UWNCSOgn b fagUW A OM ordy endenelon of s PUMhMe Olft pet psragraph 22 above. TxDOT will approve or define in writing. a. CANCELLATION; The purchase order maybe cancelled, without penalty, by~ party by providing 30 days written nonce 10 the other Party. TA30T win pay Use vendor the purchase order price prorated for aooeptable sanAoe pefkx,, no up to the deft sparlaed In the notice of arawleaon. Torrninadon under inns paragraph anon not ralleve the vendor of any obliption or aobilty that has ooaared prior to p=nowlatlen. The vendor than nwkmd Any balance or unused prepaid funds. 10 03i05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 35/38 Revised: August 2005' 0, PAYMENT. Payment will be made In acoordanoe with Part 1. Para, a using one of In kftwkV methods as sp 1 His on the sakitation. 9.1. The service was compMed to me sedefaagon of TxOOT, and within 30 days lhom WOO of a correct Invow Or Wing statement 92. On a monthly bast• and within 30 days from receipt aft correct Irivoke or baling statement 9.3. As otherwise abded In the spedRcrtioru or on the soltcRetlon document 10. INS~CE: Prior to beginning work, the vendor OW provide TxWT wf1M a oompieted TxD17T Carnlaats of Inaurerm Form 20.102 or From 1960 or Form 1500 (ardy TxDOT torma are acceptable) provtding the below Ilated coverage. TuDOT shah be irrduded as an Additional lrsund by Endorsemart to pofldss Waued for o0 arege lame In 10.3 and 10.4. The vender shall waletein all ngahsd Insurance eoveragla throughout Ise tarn of the purchase ardor. The Vendor shall provide a cornet TxDOT Insurance form each Lbw Its Insumnoo is renewed or updated. Failure to provide this form promptly may be caw" for dkeonbnusoce of the work and cen*Wb&M of the purchase order. VOW of "rogation Endorsement In favor cf TxDOT shall be a part of each policy fm covarags I ded. TxDOT we snow deductible policies. The vendor shall pay the deductible amaxR. Required Insurance owvenys Is apsdW on the soneltaii n document, 10.1. WORKBRf C0111rEN&ATM INSURANCE: Anwu t — Stalulary. Turns 10.13. The vendor is responsible tar both Federal and 9leto Urwrngbymenl Insurance covsraga and I3farrdud workers' Companaatlan Insurance erfverage. WM*r shag campy with as federal and stsis tax laws and wnhhtxlding requlraments. 10.2. ACCIDENT MURANCE: Ibis is soaptatrte. In hu of ft tksrs' Cornperaaton Insurance. for services that are NOT provided on the highway right of way, and are NOT building or eonsWeVan services. The successful bidder shsl no ft the purchaser responsible to the procurement to I" this type of Insuronoe and asqueat the appropriate Form 1950. Posquired coverage shM be Inclushra of the folift": 9300"0 for medical Wo sea and coverage for at least 104 weals, $100.000 for moddsnlal death and dismemberment, 70% of amplays" pre -fro" Income for not IOU then 104 0e0M when oompsnratfrtg for loan of kWwn@: srd + S5W for maximum weekly Wafit 10.3. COMMOtClAL GENERAL UAEILrrY MURANCE: Bodily MiuryProperly Damage esch ocaharenoa and In the egwegs": 10.3.1, $325,000 OR 10.3.3. $150,000 10.4. TEXAS RUS NESS AUTIOWOLE POLXY 10.4.1. Amcunls — Bodily k" 3100A00 each person $300.000 each occunonoe 10.4.2. Property Damage 5 KOW each occumm o 8-10 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 36/38 no Revised: August 2006' GLWRAL The folbwbtp isms and oondkla» apply to solicitations advertised under the Cahbg Inlonmaton Systems Venda (CISV) Catalog Purcthaskq Program povemed by TOC. Title 10. Sublille D, Section 2167 and TBPC ruin 1 TAC 113,19. Theow arms and conddlons supersede those In Om CISV Waldo and are In addhlon to those In Part I and Part 11 as applimb a. 2. DEFINITIONS 2.1. REQUEST FOR OFFER (RF'OY This farm Is used to IdemMy a soltdbrllon tuned to a CISV In order to obtain an ofer and fediilate r"odallons for prfoes, terms and oondidorhs through the Csbbg phr0asinp program. 2.2. CATALOG INFORMATION SYSTOM VENDOR (ten: A vendor that Is complant whine THPC'e URL requirements Rated at and provide automated tUormatlon systems (AIS) type products srWor servraas IA 0110* enfttba In fha stab of Terwe. 2.3. BEST VALUE: The lowest ovstall cost for Automated hdorrnation System (AtS) oquip+nent or WrYloss will be based on the folaMno factors lncludkv, but not lmllad to: • purchase prks compallbliky to fadlteb m chsrpe of exiding data • capacity for experhdon and upgrading to more advanced MvNs of technology • quahhlkatin rellabRky, factors • lariat of training requited to brkV end-trsers to ■ stated lend of proficiency • technical support requasments for malntemnee of debt across a network platform and management of to naiworks hardware and soilware • compAance wile applcft Dspmrbnsrd of k*wme0orr Roaouroea (D►R) statewide VAnd4 rds wgdeled by crkfis adapted by ihhe department by role TAC (1 TAC 113.9). 3. VENDOR REQUIREIRENTS: Vendors that art not approved CISV, may respond to the RFD, Howaver, vendors must seek CISV status and vendor shell be an approved CISV no laser titan the dale TxDW awards a purchase ordr. Vendor may dock their statue with the TBPC by rating 5124634W or at 4. BEST VALUE CRITERIA: Best Yoko criteria will be used on ON Catalog purchase.. For purposes of daufth" y,a beat valm available. T%DOT will consider lams, to Blume, sic„ which are In addition to nwukenhanis Rated, as wait as Factors whldh, In TxWra opt►don, add wine to the prodacgW rviae but are not sp.dRcaly required within the specticatlon. A N1=80TIATI INS 5 , Nepatlatlons for'best vWW will occur with Catstoq vandors, lm*W of making selections for goods and services brined softly on the published plaices, terms and cordloohs le the Catalogs. 52. Dunnp the evasratldn phase. TxOOT reserves the right to Conduct formal negolatlons with the responsive mapartdawt(s) Judged to be the beet Ow p@tUk* p to Drips, pmdvcK services and terms. 3.3. TkDOT wfl bathe sate Judge as to which often is the mat adwrMageous and in Ill bard Interest of TxDOT, 6, TECHNOLOGY ACCESS CLAUSE: Tea Venda hnWMly acknowledges that slam I mda trhay not be uq>..+hdsd in connection with the purchase of an automated hforrmalon aysiem unless that aysMm nhsets eWtain sbUM mgdremhhrda zrg to aaoesONty by persons with visual In"Irmants. Accordtgly, the Vendor represents and war ards to fee Ta m arlmerd of Transportation tthst the tedmology proWW to the Texas Departna ntt at Trenspeftflon for purchase to capable, eititar by virtue of feabuse Included wWWn the led" lady or because it is readily adaptable by lathe with o0w lad molopy, a 6.7. proWlrtq squivalent access for etihcave use by both vlhhuai end non -visual mean $ 2. presenting knfbmhatlon, Irhdudirg prompts uaed for hrlaradha communitaeone. In fermata intended for non.viaual M. one 0.3. being hnegraled into networks for oblak tp, fWi evinp, and dissemhha ng; information used by Inmviwusls who are not blind or visually Bnpairad. 9-10 03105/2010 15:30 8178421710 INTERCON ENVIRO PAGE 37J38 teaviead: Aupwt 200r 8.4. For purposes of thin paragrW. the phrase-"utvalent oases' means a eubehntially ofter abttttp to oommu►dca with or make use or pia bmhnolopy, aNher dtractly by tbahses kroarpomted w b the hdtnolopy or by otter reaaomt& means much as esslauve devices or sar►soas which would constlniba r easonabla tt000mmodatlons under pu Arms umm wilh Dleabifltlas Ad or aknUr stela or lyderat taws. Exwnples of methods by which aqutvalont scam mey be provided Include, but M not MAW b, koybo" aMermpvee b maw commands end DOW meane of rrevimtkig graphical displays, and ouston izable d4pley appearance,' 6.5. : Pursuant to the provlalone of the Tetras Govsmmant Cods, Chap�ler 2l $7.00B(d) when lho requkrmant spedfiad an the solicitation Is for the purchase of a wtrolm oomnerniatlon device to be used by arrwrgency raspnae penannal to respond to a public safely ameWney, the pro*kwm of the redmoloW Acossa Clouse do not eppy. r 03/05/2010 15:30 8178421710 INTERCDN ENVIRO PAGE 38/38 *F 7�r+et at 7ta�tpnrbtlon INVOICING INSTRUCTIONS 9. Submit two Copies of Inv000e. One copy will be rehamed with Payment H psymsnt Is by State Warrant, 3. Submit kwdcs(s) b ft department address shown on host side of the purchase order under "ACIDICY TO INVOICLP". (Do not OW goods to *vt ad*W4 3. brbbe must show as of the tollowkq: e Wndw iwne as appears on the purchase order • Remit bo address • Vendor Federal I.D. (Tex 113) or payee IdsntipM*M number (PIN) • purchase order number - MANDATORY • Talsphor» number • ftem description as It appeartr on the p =hw w order In tits earns order as Asted on purchase order. item numbers must aorrsspond with the Arm numbers on tits purrhn" order, • Unit, unit price and extended prim of am* Item • grand Tdi a l • Shipment date of mercharrdtss or daft ofawvko Payment for merchandise, or serrlese purdnMhased whit Rhi .. rQprlal+d tunda is made by wairarrb or by Direct DspftM Iirom the Me% Tneasuaay. Dfi*t f3•pce t d tM prWbmW nw0W cf payriv«rlL LaghMsOlon dffectme SmPftmbw 1, fails sbled that abate agwwJ ar are a qubsd b we Nbcom* Ands ftwW err to pay aendors who cnndUrat huslnses rN h ft Stage of Thxw Direct deposit bumactlom sent to banks Include Utfbrmatlon In an 'addendurW (Am called remittance advics) Normally this addendum Information will be your Irrvolce number to aeatet in rscondils"11 of pay wW to. PAWM d 1111M