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Home My WebLink AboutContract 39903 CITY SECRETARY ( CM--ACT NO.L1 f i CONTRACT Between CITY OF FORT WORTH and INTERCON ENVIRONMENTAL, INC. I For Asbestos Abatement and Demolition at 3601 Hardy Street I Housing and Economic Development Department March 2010 Y i 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 REFERENCE NO.: C-24117 LOG NAME: 17HFC 3601 HARDY DEMO PROJECT 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. #e+IeweF- Staff 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 City Manager's Office by: Thomas Higgins (6192) Originating Department Head: Jay Chapa (5804) Cynthia Garcia (8187) Additional Information Contact: Dolores Garza (2639) ATTACHMENTS 1. Avail_abl_e__Funds._PDF (CFW Internal) 2. Contract Compliance Memorandum 3601 Hardy.pdf (CFW Internal) 3. Hardy Street Project Map.ppt (Public) 4. Hardy Street PROPOSED Site Plan 2009.pdf (Public) 5. Intercon Demo Notice of Award,Pdf (CFW Internal) STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL, TRANSPORTATION AND DISPOSAL OF ASBESTOS CONTAMINATED MATERIALS 3601 HARDY STREET FOR THE HARDY STREET INFILL HOUSING PROJECT IThis 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. S WHEREAS, on March 2, 1010, the City Council authorized an agreement between the ICity 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. j WITNESSETH: 11 NOW, THEREFORE, in consideration of the mutual promises and benefits of this JContract, the City and the Contractor agree as follows: CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 1 of 20 3601 HARDY STREET. FORT WORTH, TX- INTERCON ENVIRONMENTAL, INC. 1 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. I Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away asbestos containing material (ACM). City'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 I 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. S 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. Regulated Asbestos-Containing 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 II 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 I 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 I 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 IDocuments 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 I 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. I 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: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the wells, and Iincluding without limitation: a. Damages for personal injury and death, or injury to property or natural resources; J 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 ABATEMENT AND STRUCTURAL DEMOLITION- Page 4 of 20 3601 HARDY STREET, FORT WORTH, TX- INTERCON ENVIRONMENTAL, INC. k� 'r 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. I 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 Isolid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and Isafety 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 IAGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE I CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 5 of 20 3601 HARDY STREET. FORT WORTH, TX- INTERCON ENVIRONMENTAL, INC. I 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 t 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 Iliability 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- Page 6 of 20 3601 HARDY STREET. FORT WORTH, TX- INTERCON ENVIRONMENTAL, INC. 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. I3. 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 I interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. I4. Worker's Compensation Coverage A: statutory limits I 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). 6. Asbestos Abatement Insurance I $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. 1 CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 7 of 20 I 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 I 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. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 8 of 20 3601 HARDY STREET, FORT WORTH. TX- INTERCON ENVIRONMENTAL, INC. 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, T)(- 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 I 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. I 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 I 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 I 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. IC. 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 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. 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. I 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, 7)(- 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 MWWBE 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 — MMBE 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. 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. I 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). I I CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 13 of 20 3601 HARDY STREET, FORT WORTH, TX- INTERCON ENVIRONMENTAL, INC. I 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 IVenue of any suit or cause of action under this Contract shall lie in Tarrant County,�' 20. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient ifsent 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, T)(- INTERCON ENVIRONMENTAL. INC. I I If to the City: Brian Boerner, Director Department of Environmental Management 1000 Throckmorton St. IFort Worth, TX 76102 and to: Jesus Chapa, Director Department of Housing & Economic Development I 1000 Throckmorton, Fort Worth, Texas 76102 IIf to the Contractor: Karen Andrews Intercon Environmental, Inc. I210 S. Walnut Creek Dr. Mansfield, TX 76063 I 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 ipersonal 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. I 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 Iown contracts or commitments. 23. ICONTRACT CONSTRUCTION IThe 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 Iemployed in the interpretation of this Agreement or any amendments or exhibits hereto. CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 15 of 20 I3601 HARDY STREET, FORT WORTH, TX- INTERCON ENVIRONMENTAL, INC. 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 r 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 ABATEMENT AND STRUCTURAL DEMOLITION- Page 16 of 20 3601 HARDY STREET. FORT WORTH. TX- INTERCON ENVIRONMENTAL. INC. .J 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. I 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. I 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. Jill SPECIFICATIONS 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 I Fax: (972) 478-7615 Fort Worth, Texas 76102 http://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: Tracy K. Bramlett, CIH, 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 TABLE OF CONTENTS Asbestos Abatement Specifications 1.1. SUMMARY OF THE WORK ..............................................................................................................................1 1.1.1. CONTRACT DOCUMENTS AND RELATED REQUIREMENTS: ..........................................................1 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: .................................3 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:............................................................................................5 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: .......................................................................................................................6 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 1.9.2. PRESSURE DIFFERENTIAL: ....................................................................................................................9 1.9.3. MONITORING: ...........................................................................................................................................9 I 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: ..........................................................................................................................1 1 1.10.5. PRIMARY BARRIERS: ............................................................................................................................1 1 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 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 2.4. PROJECT DECONTAMINATION: ..................................................................................................................22 2.4.1. GENERAL: ..................................................................................................................................................22 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: ...............................................................................................................................23 2.4.7. PRE-CLEARANCE INSPECTION AND TESTING: ...............................................................................23 2.4.8. LOCK-BACK ENCAPSULATION: ..........................................................................................................23 2.5. FINAL AIR CLEARANCE TESTING...............................................................................................................23 2.5.1. GENERAL: ................................................................................................................................................23 2.5.2. FINAL TESTING: .......................................................................................................................................23 2.5.3. FINAL TESTING PROCEDURES: ...........................................................................................................24 2.5.4. SCHEDULE OF AIR SAMPLES WITH PCM: ..........................................................................................24 2.5.5. LABORATORY TESTING FOR PCM: ....................................................................................................25 2.5.7. FINAL AIR TESTING REQUIREMENTS: ...............................................................................................25 2.6. ABATEMENT CLOSEOUT AND CERTIFICATE OF COMPLIANCE: ........................................................25 2.6.1. COMPLETION OF ABATEMENT WORK: .............................................................................................25 2.6.2. CERTIFICATE OF COMPLETION BY CONTRACTORS: ....................................................................26 AppendixA .............................................................................................................................................................27 Attachments.............................................................................................................................................................27 CERTIFICATE OF COMPLETION.........................................................................................................................I AppendixB................................................................................................................................................................2 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 Com lund 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. 4141L`� ��`"'�` DSHS License 10-5040 Expires 12-31-11 Page 1 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- I 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. DSHS License 10-5040 Expires 12-3111 Page 2 a 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. Box 143538 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 Wt 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 IN 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: I1. 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. 1 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: I 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. I1.8. 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. IUse 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- 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. Page 8 ASBESTOS REMOVAL Provide adequate lighting to reach 50 foot candles throughout PDF and EDF. Provide temporary heat to maintain 70°F throughout the PDF and EDF except that the shower of the PDF will be maintained at 75°F. I 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 Ishowering. 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 I 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: I 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. I 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: I 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. I1.10.2. PREPARATION PRIOR TO SEALING OFF. Place all tools, staging, etc. necessary for the work in the area to be isolated prior to erection of I 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- 9 Pa a 10 I 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 I 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 x thickness, taped securely in place with duct tape. Maintain seal until all work including project t 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 I 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. 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. IThe 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 I 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: 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 Ielsewhere 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. IThe 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. I IPage 14 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 I 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 I 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 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 i 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. IThe 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. IBe 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 I 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. iEstablish 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. I 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. IGlovebags 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 tile 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 I under the exposed edge of another tile 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. 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 I 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 I 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 J1 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 I bags or closed impermeable container. Do not attempt to break tiles after they are in the bag. I Page 19 I 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. I "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 I 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 I As sections of ACM are removed, keep the material wet and shovel debris carefully into the bot- 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. IClean 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. I 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 I 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: I 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 IIdentification Number: NA 2212 (friable waste) Reportable Quantity: RQ Name and Address of Generator I 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. 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 I2.5.1. 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. I2.5.2. 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 I 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 I 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 I1,250 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- Analytical Method Deteiabon Limit Mir"imum Vol- Rate LPM les Fibers/cc. untie Liters Each Work Area 3 PCM 0.02 750 2-15 Outside Each Work 2-3 PCM 0.01 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 Pressure System 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 CONTRA_ST MICROSCOPY CLEARANCE CRITERIA _ Location IW�tt An�ysis Ana�r6ka1 SensF- Reeonmierided - Rye Swnplift t+ VIDUM LAt" w tuit Lis 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 FIBERSICC. 1 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. I IPage 26 0 Appendix A ' Attachments 1 1 1 1 CERTIFICATE OF COMPLETION PROJECT: DATE LOCATION: I 1. 1 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 adequate 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 Ithe specified negative pressure in the work area throughout the work. CONTRACTOR/SUPERVISOR COMPANY NAME CONTRACTOR ADDRESS ATTACHMENT#1 Asbestos Abatement Pagel Appendix B Specification Drawings Asbestos Abatement Page 2 M � . CNL If 0 0 21 .9 'NV -q O�LL �' a z o J TF E+ F Q c Y' U f� f� +i o� _ o Q N O) }; 0 i i • o� 0 m � o c � � c � +�C m a a� 0 00 Z u. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. City shall coordinate with facilities, City departments, and any tenants for access to the site. B. City shall prepare and revise all notifications necessary to the Texas Department of State Health Services Health (TDSHS) for the work provided herein. C. City shall make payment of all applicable TDSHS fees. D. City shall give timely direction to the Contractor. E. City shall render decisions regarding modifications to the Contract and any other issue. i CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 18 of 20 3601 HARDY STREET, FORT WORTH, TX- INTERCON 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. IFinal 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. i CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 19 of 20 3601 HARDY STREET, FORT WORTH, T)(- INTERCON ENVIRONMENTAL, INC. 000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 6 0 0 0 0 0 0 0 0 0 0 fA N f�D 64 64 64 64 69 fA ffT 69 69 fA fA fA fA fA fA 64 O O O F- NO � t» ffT N 64 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o O LO 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 N N N N N N N N N N . . . ; N LO O V 0 0 0 V 64 6-*69 64 6-*64 64 64 69 6%64 fA 6-*64 - - N 64 O O . 64 fH fR 0 0 0. fa A � a � p p CK a7 M h Olk d 60 z p ` k O z LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL } Q Q fAH ~ O O fA UUUUUUUUUU (n (n (n (nJJJJU W W L L O O M O O O O O O O O o O O O o O O O - - jt' O O V 2 a 0 W M 3t 3: w c Q fU- vmi ° ON CD p LL 0 UL0 > f. W J J Q e^7LL m W QHFQ- y p 0 O O m c O O � CL � � W aZ � 0 O (D 0 O Z (D O w f6 (D c c UU d CL t: O � Q c 0 (DJ CD 7U c C y 0 .. � � - 2i O .O pQ OH ac7 c •0U y rLaH m y c cC y N CU ran E c (D � ~ c cn - m U O p p O O 0 j- c 0 co (`n 0 y �ID o f .0 LL ` O O (D C O Cn c = d a Q -- -- o o m c 0 E o m g c y (D CD ` cn E �j m � za a U) U) U 0 m O r N M 10 LO W f` co Cn O _ N M lA fD t` 00 O r r r N N a Q U N N N N C4 N N N N CV N N N N N N N N N N N O O O O O 0 0 0 0 v C O O O O O O O O O O O O O O O O O O O O O O O O O O N O O O O CO O O O O O O 0 0 O O O O O 000 00 0000 (0 - O - O COO 0000 - 0 - 0 - 00 0 - 0 - 0 - O O r ff)ff)ff) ff)6% r 6%6%6%6%LO r 6% 64 CO M fA 69 69 64 r O r 6% r fA 64 64 fA r 6f* r 64 LO O O O O O Ln 00 fA O O � O O O O O O O P- H F- ff) 6f*64 —LO —C) LOO 0LO0LO O 0000 0000 O O 00 O O O O O MNN MNCN LO CO CO (O7 0000 O O 00 O O U� O LO Z 4) 0 - - ON 00000 00LONN 470 0M 000 00 47N 47 0 N 0 - O .2 6-16-1 fA fA 619. 2 6f*ff3 ft?ff3 ff3 0 fA.V 6f*ff3 ff3 64 .0 - ff)ff)f l* 00 064 0 O O 0 O 0 Q!)-.0 � 0 Q% 0 64 U. c C 64 ` 7- '` a tt LO '` Q'` ` r r_ F= AQ d a a a a 0. 64a 0. 0. M0. a a a Q W O ff) 0 0 M = 0 � Z c LL LL LL LL LL c LL LL LL LL LL c LL c LL LL LL LL c } LL W LL c Q c CO c Q Q C Q c LL C �- c �L C U- N W O Cn Cn fn Cn Cn Cn Cn Cn Cn Cn � U D Cn Cn Cn Cn U !n J Cn W J W W W Cn U J J ZQ F- 00000 0000 0 V) 0O 0000 O 00 o O o O 00 goo O M Lq LO F- � C4 � O 4 Md 4 MN d d 4 d O a a a 4 00 0 o _ ~ 0 c 0 c O � 0 ONE 00 Oa OU O � � fa 0 ` .O N > 0 to U c > ++ LOO N CO E lOO N C C c fLp Q` > y 0 0 LO Y 7 O O m c 00 � t O � t 7 'j U y OQ, � y N � 7w c a 0 E CL 0 LL CL 4) 000 000 000 H OaU Y 'C N tA � V Y R U o V N H LOS' 'C U �0 I W W Z LO N O U LO N O O (7 ` y O .c m 0 c U N 7 (p 0 � c p r c C c Y O O O c >> `y L 0 0 _ ` 0 0 > 0 _ 'D 0 0 0 N pZ0 ` � 00 � Nco ` � co C4mCL � CtU7 0 ~ UnLLp .0 W ALL 3J0 - a- < LL � LL ` c QN r p O N v X U 0 m d 3 V C> � N U A Y W r _H E in cn ~ Cn U O N fD f` co 0 O N O r r r r r N N N N N f'7 N w LD f` 00 fA r r r 0 b; 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 CONTRACTOR Intercon Environmental, Inc. BY: A BY: Lcv--6 .. A" 6. Tom Higgins Karen Andrews Assistant City Manager President i RECOMMENDED: WITNESS: Jesus Chapa Housing and Development Director IAPPROVED AS TO FORM CORPORATE SEAL: AND LEGALITY: Arthur N. (Art) Bashor IAssistant City Attorney ATTEST: a 0o �0040 d 11� ' aa of- GAO Marty Hendrix Q� � °o, City Secretary N4 F M&C 10 , CONTRACT FOR ASBESTOS ABATEMENT AND STRUCTURAL DEMOLITION- Page 20 of 20 3601 HARDY STREET FORT WORTH. TX- INTERCON ENVIRONMENTAL. INC. i ACORQti CERTIFICATE OF LIABILITY INSURANCE :::J�03/03/7,E IMwvr PRODUCE THE WYATT AGENCY Serial 0 100398 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA 1300 11TH STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SSE 306-E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HUNTSVILLE,TX 77510 INSURERS AFFORDING COVERAGE INSURED NAB INSURER A: ARCH SPECIALTY INSURANCE COMPANY INTERCON ENVIRONMENTAL, INC. INSURERS: ARCH INSURANCE COMPANY 210 S.WALNUT CREEK DR. INSURER c: TEXAS MUTUAL INSURANCE COMPANY MANSFIELD,TX 78063 INSURER o: IN9l1RER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO POLICY PERIOD INDICATED.NOTWITHSTANDINQ MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E(CLLI, TIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. Am TYPE OF INSURANCE POLICY NUMBIiI! PO Y GENERAL LIABILITY TION LIMITS A X COMMERCIAL GENERAL LIABILITY 12 EMP 43513 05 "OCCURRENCE a 1,000.0m 2/3/10 2/3/11 O RENTED s 50,000 I CLAIMS MADE nX OCCUR (Fa aminmCp) X ASBESTOS/LEAD ABATE MED EXP one S 5 000 X POLLUTION LIABILITY PERSONALSADVINJURY s 1,000,000 GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 1 000 OOO I POLICY X PRODUCTS-COMPIOP AGG S 1000000 LOC Aur°MOeae LIABILITY 11 CAB58237-02 216/10 2/6/11 B ANY AUTO LIMIT s 2,000,000 ALL OWNED AUTOS I X SCHEDULED AUTOS BODILY I INJURY S X HIRED AUTOS n MAGENON-OWNED AUTOS BODILY INJURY s i GARAGE LIABILITY ((� ANY AUTO AUTO ONLY-EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGG s ExcESSiuMBRELLA LIABILITY 12 EMX 43740 04 2/3/10 2l3N 1 EACH OCCURRENCE A X OCCUR CuAIMS MADE s 4 000 000 AGGREGATE s 4 000 000 DEDUCTIBLE s RETENTION s $ WORKER 8 COMPENSATION AND 0001142280 $ C EMPLOYED uABIUrY 2/25/10 225/11 X srA I ANY PROPRIMEI ART?,6 j cunVE EL EACH ACCIDENT S 1 OOO OQO OyFeFISCER/MEMBER EXCLUDED? SPECIAL PROVISIONS below EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER EL DISEASE-POLICY LIMIT S 1.000000 I DESCRIPTION OF OPERATIONW-OCATIONSA/EH CLMEEXCLUSIONS ADDED BY ENDORSEMENT 3801 HARDY STREET, FORT WORTH,TEXAS 76118 PROV1�ONa THE CITY OF FORT WORTH, ITS OFFICERS,AGENTS, EMPLOYEES,AND REPRESENTATNES ARE ADDED AS ADDITIONAL INSUREDS AS RESPECTS OPERATIONS AND ACTIVITIES OF, OR ON BEHALF OF THE NAMED INSURED, PERFORMED UNDER CONTRACT WITH THE CITY OF FORT WORTH. CERTIFICATE HOLDER CANCELLA T10N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION I DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN CITY OF FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INSURER,ITS AGENTS OR FORT WORTH,TEXAS 76102 -�!EME_SEU nVE fn��t AUTHORIM ACORp 26(20011Ot) ACORD CORPORATION 180'0 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 I and removal of asbestos containing material and demolition of 3601 Hardy Street for the Hardy Street Infill Housing Project. CONTRACTOR IINTERCON ENVIRONMENTAL, INC. 1 By. Title Date I STATE OF TEXAS COUNTY OF TARRANT § Befor me, the undersigned authority, on this day personally appeared I (.ham A ic. -( known to me to be the person whose name is subscribed to the foregoing i rnt, nd acknowledged to me that a executed the same as the act and deed of Z�rniQ,-g-o-y? E ►ie , 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 20�. SY S Notary Public in n for the State of Texas oT ex'S . `Ccru, i0f1 Er�1!fl3S o K�' -6, 2010 l i I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond SU 1104138B 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) I 1000 THROCKMORTON STREET r FORT WORTH,TX 76102 as Obligee, hereinafter called Owner, in the amount of THREE HUNDRED FORTY-FIVE THOUSAND&00/100 Dollars ($ 345,000.00 1 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, Isuccessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor 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) 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 a 1 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 i 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 defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance may promptly remedy the default, or shall promptly of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with Its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. ` Signed and sealed this 3RD day of MARCH 192010 1 INTERCON ENVIRONMENTAL INC i II i II'nncihal) 15ea11 ( Y 77 CSS) Karen Andrews T't1c'I President ARCH INSURANCE COMPANY j surely) ISeall bVi t Maria A. Gonzalez I' 1 IORNEY-IN 1 AC'T AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA g FEBRUARY 1970 ED.• FHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 2 r THE AMERICAN INSTITUTE OF ARCHITECTS I ., AIA Document A311 I 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 I MANSFIELD, TX 76063 f as Principal, hereinafter called Principal, and, ARCH INSURANCE COMPANY (Here insert full name and address or legal title of Surety) i 3 PARKWAY, STE 1500 IPHILADELPHIA, 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 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 I (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. ALA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A OO l FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 3 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 15 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- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail; postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall c) Other than in a state court of competent jurisdiction not be liable for the payment of any costs or expenses p ) of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and j notice to any two of the following: the Principal, the to the extent of any payment or payments made in good I Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 3RD day of MARCH 192010 INTERCON ENVIRONMENTAL INC �N_n'� (Principal) (Seal) 1+ W� Karen Andrews (T'tfc) President II ARCH INSURANCE COMPANY �___----- Isuri,ly) Maria A. Gonzalez ' A AIA DOCUMENT A311 PFKIORMANCE BOND AND LABOR AND MAHKIAL PAYMINT BOND • AIA O 4 IEBRLJARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECIS,1715 N.Y.AVE., N.W.,WASHING ION, 1). C. 20006 POWER OF ATTORNEY SU 110 4138 B Know All Men By These Presents: That the Arch iaurance Company,a corporation orpaniasd and exJstlng under the laws of the State of Missouri, having its principal of iw h Kansas Cky, Missouri(hereinallsr referred lo as the'Company')does hereby appoint William A. Bailey,Maria A.Gonzalez,Anne M. Barber, Michael J. Friedrich and Dana M. Kuber of Bridgeview, It.(EACH) Its he and Iawkil'Atlorl'*sf n-Foct,b make, exscubs, seal,and deliver from the dale of hwance of this power for and on Its behalf as suretI6 and as Ills act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make. eoceaib,seal and deliver bonds or undertakings that gumantbe the psyment or collection of any promissory nobs,check drag or letter of credo. This authority does not pwmk the soma obligation lo be split kilo two or mows bonds In order to bring each such bond within the dollar Irnft of ar*=W as ad forlh heweit. IThe Company amy revoke this appointment at any ume. The eooecmbion of suah bonds and undertakings In puntuanbe•of flreae°preiietibr"shM be as binding upon the saki Company as and al"to a1 k On i s and Purposes,as If the earns l+ad peetn duly aboeafied and acknowledged by Its regularly eleabed oliicets st>�priadpal o(Iloe h ifensw 4`lijt.NAWorpt .. , This Power of Ail may its eoo sided by authority of rs olutlorii eadopbed by ui�eninaia consent of the Board of Direclors of the Company on Mu el 3.200'3,true and soctsala copies of wlddn are herakudlar sat forth and awe hereby c a Him to by the undersoll9rrod Ssw@Wy as being In full force artd e1111i c NOTED,That the Chairman of ins Board.the President.or any Vloa President,or#hair appoNnbses to wring and filed with the Secintary. or the Sawalary shall have the power and anrlha*lo appoint agents and agonNysti-tiect. and to authorb s them lo examft on behie f of ft Company, and attach the seed of the Company#web, bonds and I of icers of the e y nuy d p��" abllpetory in the netuwe tlner+scif, and ark►With This Power of Afthey k signed. sealed and certified by facsimkb under and by authority, of the following resolution adopted by the uraninona ooraarht of the Board of Diacbrs of the Company on March 3,2003: VOTED, That the st inal ms of the Chairman of tlts Board, In Presiderd. or any Vim Praskdenf, or their eppcinlsas designeled In writing WW filed witih the Seaelmy, and the signature of iha Samm■ry, the seek of the Company, and i ca'tilications by the Sewdery, may be affbred by kcalmlle on any power of ablorney or bond executed purom t to the resok,tion adoplsd by the Boars of Duce m an Mach 3. 2003, and any such pwm so eooeculed. seded and aertilisd with respect to any bond or undertaking to which it Is att ched,shell continue lo be vald and binding upon the Company. I 00ML0013 00 03 03 Page 1 of 2 PrinW In U.SA it i i r i i i i i 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 02/38 rnG>: 1 ' BLANKET Toxas MAS P.O.No: B18200010735000 Department TER PO Bid Number: B182006011343000 °'r'a"4j°o,wdO1 P.O. Date: 05na20o6 Re":I-Date:Mar 27,2008 Chan Notioe Purchase Of services T o: INTERCON ENVIRONMENTAL, WC Agency To Invoice: 2214 FM 1187 BUILDING#6 TML48 DEPARTMENT OF TRANSPORTA77ON MANSFIELD TX 76063 DALLAS DISTRICT VOUCHER PROCESSING PO BOX 133067 VENDOR II3:15224377746_000 DALLAS TX 75323-8067 BUYE Line item R: 855-LYNN M GUSTO ' Item Description Quantity Unit Cwt Extended I �.. xlGr 9e8--6emis-0000. CLEARING RIGHT OF WAY P 9,27A,0.3Q 3VCU $3.00 $3,274,050.00 A�ItCEI.(S>SERVICES MEETING TXDDOTT SPECIFICATION 968--66_15, LATEST ISSUE BID SCHWULE PRICING-ATTACHED ALL ITEM ON THE BID SCHEDULE SHALL BE PAID USING THIS LINE I'I',EM. FOR THR PURPOSES OF THIS BID,THE UNIT OF XMASU I EACH SHALL BE THE TOTAL AMOUNT OP'THE ATTACHED BID SCHEDULE, 5 FAGES. "EACH SVCU(SERVIC>r UNIT)IS PRICED AT $1.00.INVOICING SHALL BB FOR PRICE(S) BID AND ONLY FOR WORK AUTHORIZED IN THE IPURCHASE ORDER. ALL PRICING ON TRL BID SCHEDULE SHALL BE FIXED FOR A 24 MONTH PERIOD. TXDOT WILL BE RESPONSIBLE FOR TEsTrNG FOR ASBEMS, 2. NIGP 846-30- 6-0000. BONDING SERVICES,PERFORMANCE AND I00,000 SVCU $1.00 $100.000.00 PAYMENT CONTnvvEn � Tp Issuing EmPloyee Signature Issuing Employ"Title Pa+lurt to DeLoer: !f the cvntnsrror/wb eo ddlwr there"ppbN Ly the prmn11 41Uk Y daM er o naaorMb/t timr t "V"r for ralfarq ce n+oel tirtions,b4 9twe mnuta me right ta urehe.e h'�'aRR,w"&'ut9'avy akteptabtw No*Ub"traon a Mnoeilaeen lermitNd wlthlwr Mar'approtai tithe Alatc. M ekppJira dauiherq and ehrtrrre llu tl+erearr u pr[a and cox q/'/M„� � Y.or if tip ke ve tnl,/fare.to the mirocror. 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 03/38 PAGE 2 BLANKET TeX" P.O.NO: B182OW10735000 MASTER ASTER PO Bid Number. 13182006011343000 °'rra"sp°f udon P.O. Date: 05na2o06 RevN:1-D.x:Mar 27,zoos To: Chan Notice Purchase Of Services INTERCON ENVIRONMENTAL,INC. Agency To Invoice: I 2214 FM 1187 BUILDING#6 T�DEPARTMENT OF TRANSPORTATION MANSFIELD TX 76063 DALLAS DISTRICT VOUCHER PROCESSING IPO BOX 138067 VENDOR ID:15224377746-000 DALLAS TX 75313-8067 355—LYNN M GIUSTO Line BUYER fpm �bint Descrlptlon ounnoty Unit Unit E rbmded Cost Cost NOTE•+*+...In........ I '***THIS IS A NON-BIDDABLE LINE ITEM*'** THIS LINE SHALL BE USED TO REIDUMME, I VENDOR'S ACTUAL COST FOR SECURING PAYMENT OR PEMmRmMCE BONDS,WHEN REQUIRED. VENDOR SHALL PROVIDE PROOF OF COST OF BONDS AT TIME OF INVOICING}OF PRojrCT, PROOF MAY BE AN INVOICE OR BILLING I FROM INSURANCE AGENT. BOND COST SHALL NOT I'll INCLUDED ON BID SCHEDULE, 1 BPFCIFICATION 968-66-18,MARCH 2003 1 SECTION lo. I 3. NIGP 968-qs-qR-0000_ 75,000 SVCU FEES,MISCELLANEOUS, $1.00 $76,000.00 '***THIS IS A NON BIDDABLE LINE MM**- THIS LINE SHALL BE USED TO REIMBURSE VENDOR'S ACTUAL COST FOR ALL FRES PAID TO TIdE TEXAS DEPA nlMENT OF HEALTH FOR DFMOLITION AND OR ABATEMENT OF EACH AUTHORIZED PROJECT. VENDOR SHALL PROVIDE A COPY OF THE TEXAS DEPARTMENT OF HEALTH LF.ITER OR ` VOICE SHOWING ALL FEES PAID TO rHE f AGENCY FOR DEMOLITION AND ABATEMENT OF CON'I'INTJED 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 04/38 �.� 7PAGE BLANKET Texan P.O. No:818240661073 Dfiwtmenr MASTER PQ Did Ntnber. 8182006011343000 Transpertabbn P.O. Date: 05/1012006 Row#t:1-Date:Mar 27,2008 Cha a Notice Purchase Of Services To: INTERCON ENVIRONMENTAL, INC TAgency To Invoice: 2214 FM 1187 BUILDING#6 ag DEPARTMENT OF TRANSPORTATION MANSFIELD TX 76063 LLAS DISTRICT OUCHER PROCESSING IPO BOX 133067 VENDOR ID:16224377745-000 DALLAS TX 7531"067 BUYER,: 355-LYNN M GIUSTO I I.ILtQ Item DQaarlmptlon Quantity unit Unit Extended THE PROJECT. Cost Cost A+YIplIMMAARM!!sfll/r4walss!►Mltltlt!!!! SPECIFICATION 96&4"-15,MARCH 2003, SECTION 12.4. !MI!!M!!!q!lMMy!!!!!!lA1Maq q!!!!!q!!! TBE Id'OIZQWING APp1,M To' EM S'IN'j=P.O. THE FOLLOWING IS A BLANM ORDER FOR DEMOLITION OF RIGHT OF WAY IMPROVEMENTS, INCLUDING ASBESTOS ABATEMZM AND REMOVAL FOR TXDOT DALLAS DISTRICT,INCLUDES THF. FOLLOWING COUNTIES:COL,LIN,DALLAS, DENTON,ELLIS,KAUFMAN,NAVARRO,ANA ROCKWALL. TM M OF SERVICE SHALT,BEGIN ON PLmCHASE I ORDER ISSUE DATE AND CONTBq7E FOR A PERIOD OF 24 MONTHS WITH THS OPTION TO RENEW FOR UP TO TWO ADDI'T'IONAL PERIODS OF TIME.PROVMD BOTH PANTIES AGREE IN WRITING TO DO SO PRIOR TO THE EXPIRATION OF THE PURCHASE,ORDER. THE FOLLOWING SHALL APPLY TO EACH PROJECT(PARCEL)_ 1.VENDOR AND TXDOT REPRESENTATIVE SHALL JOINTLY PERFORM A SITE SURVEY AND AGREE TO AN ESTIMATED PROJFXT COST USING THE BID SCHFDULE- 2-VENDOR SHALL,COMPLETE EACH PROTECT 7MRIN THE FOLLOWING DEMOLITION SCHEDULE. TOTAL COMPLETION TIME SHALL BE NO CONTINUED 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 05/38 PAGE 4 BLANKET Texas MASTER R P P'O•NO:8182006510738000 Deperrrmt Bid Number. $18200601134a000 of Transponauan P.O. Date: 05/10%2006 1 To: Date:Mm z7,zoos Chen a Notice Purchase Of services 1 �'o: INTERCON ENVIRONMENTAL, INC. Agency To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION 2214 FM 1187$UILDING N6 DALLAS DISTRICT MANSFIELD TX 76063 VOUCHER PROCESSING IPO BOX 133067 VENDOR ID:15224377745--000 DALLAS TX 753x3--3067 BUYER: 355—LYNN M GIUSTO Una Itern Hem Docription Quantity Unit Unit Extended Cost Cast MORE THAN 60 CALENDAR DAYS FOR I RESIDENTIAL AND 90 CALENDAR DAYS FOR COMMERCIAL PROPMRTIRS,FROM THE DAY WORK IS AUTHORZZ8D BY TXDOT REPnsxNTATIVE. "' BOND(S)AND TEXAS DEPARTMENT OF HEALTH(MH)NOTIFICATIONS SHALL BE SUBMITTED TO TXDOT WITHIN 10 CALENDAR DAYS OF THE DATE WORT{I8 AUTHORIZED BY TXDOT REPRESENTATIVE. 1*ABATEMENT AND DEMOLTTTON SHALL BEGIN FORMS ARE PROVIDED TO TXDOT AND TDFL ABATEMENT SHALL BE COMPLE'T'ED IN ACCORDANCE WM THE ABAT9MENT SPECIFICATIONS. "" DEMOLITION SHALL BEGIN W�5 DAYS OF COMPLETION OF ASBES'T'OS ABATEMENT. I VENDOR SHALL PROVIDE A COPY OF THE ASBESTOS ABATEMENT CONTRACTOR'S LICENSE WITH BID SUBMITTAL VENDOR SHALL MAINTAIN CERTIFICATIONS THROUG14oTi 'THE TERM OF THE PURCHASE ORDER. TESTING FOR ASBESTOS WILL BE TXDOT'S RESPONSIBIL.TPY:REFERENCE PAR;3.OF SPECIFICATIONS. SERVICE SHALT,BE PERFORMED IN ACCORDANCE Wmi: TXDOT SPECIFICATION No.9gg.66-15, 4 PAGES,REVISED MARCH 2003,WITH THE FOLLOWING EXCEMON8: —PARAGRAPH b.3 SHOULD READ; "DEMOLISH ADN DISPOSE OF THE IMPROvEmr vT(S)i.00Amm.—ON TXDOT RIGHT CONTINiTEp 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 06/38 I I PAGE K 29* BLANKET Texas P.O- No.- 81820065X0735000 Dowlmera MASTER PQ Rid Number. 8182006011343000 �Transp"tion P.O. Date:05/10/2006 Rev1F: I-Date:Mar 27,2008 o: Chan a Notice Purchase Of Services INTERCON ENVIRONMENTAL, INC. Agency To Invoice: I 2214 F'M 1187 BUILDING#6 TEXAS DEPARTMENT OF TItANSpQgTATIQN MANSFIELD Tx 76063 DALLAS DISTRICT' VOUCHER PROCESSING IPO BOX 133067 VENDOR ID. R2437774�r►-OOp Des TX 76318-3067 BUYER 356-LYNN M GIUSTO ` u"a item ttenf Description Quantity Unit Unit Extended Coat Coat OF WAY AS DIRECTED 8Y THE REPRESENTA'T'IVE,AS A KDm&UM,BUT NOT LIMITED TO,THE FOLLOWIIV(3 SHALL BE INCLUDED: BUILDINGS,STRUCTUIM, CONCRETE OR ASPHALT SLA38,FOUNDATIONS, FOOTINGS,DRIVEWAYS,PAR;IQNG LOTS, TIRES,ANY DEBRIS,FI!;NCES AND SR'IlYQ4 a POOLS." SECTION 10.PARAGRAPH 10.8.-DELFTS BID SCHEDULE,r,PAGI:B *• TEXAS DEAPRTUZNT OF TRANSPORTATION GENERAL TERMS AND CONDITIONS,REVISED t AUGUST 2006. I —PAST WILL.BE IN ACCORDANCE WITS PART 11,PARAGRApli 9.AND 9,1. I PAYMENT WILL BE MADE IN THS FORM OF A "LUI47 SUM"WHEN IIPROVRXENT($)IS REMOVED,DEBRIS I3 CLEARM,ALL WORK IS APPROVED BY TXDOT REPRESENTATIVE,ALL NOTIFICATION FEES HAVE BEEN PAID TO THE TEXAS DEPARTMENT OF HEALTH(IF APPLICABLE)AND UPON RECEIPT OF I DOCUMENTS SHOWING PROOF OF SUB- ii CONTACTOR'S COMPLETE AND FINAL PAyXMNT (IF APPLICABLE). — INSURANCE SHALL BE IN ACCORDANCE WITH PART II,PARAGRAPHS 10.THROUGH ` 10.4.WITH THE FOLLOWING EXCEPTION. 1 — VENDOR SHALL HAVE$1,000,0()0,0() 111 COMMERCIAL GENERAL LIABILITY INSURANCE. PLEASE NOTICE PARAGRAPH 10.OF THE GENERAL TERMS AND CONDITIONS. VENDOR RECEIVING AWARD WILL HAVE 10 CALENDAR CONTfNTTFD 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 07/38 PAGE 6 BLANKET rToxas MASTER P//�� P•o. NO: B182006510735000 Depamrwa V Bid Number: B182006011343000 ofTranaportabon P.O. Date: 05/14/2005 R�Iw:I-D��:M 27,Zoos C Purcheee Of Services To: INTERCON ENVIRONMENTAL.INC. o Invoice: 2214 FM 1187 BUILDING#t6 EPARTMENT OF TRANSPORTATION MANSFIELD TX 76063 DISTRICT R PROCESSING 33os7 VENDOR ID:1622.437774&.000 TX 75313,8067 55—LYNN M GIUSTO I Une ittiam "wn Description Quantity Unit Una Extended Cost Cost DAYS AFTER RECEIPT OF ORDER TO PROVIDE REQUIRED PROOF OF INSURANCE AND TO BEGIN PERFORMANCE UNDER THE PURCHASE ORDER. FAILURE TO DO 80 mAY RE6ZII,T IN CANCELLATION OF THE PURCHASE ORDER AND R"WARD TO THE NEXT RESPONSIVE, RESPONSIBLE BIDDER. 'TXDOT FORM 20.302,CERTIFICATE OF INSURANCE. PRIOR TO eM71ATI0N OF ANY WORK,VENDOR SHALL COORDINATE WORK SCF=ULE WITH TM)OTPS ASBE.`ITO$ERVICB,S CONTRACTOR QUANTrMIES)ARE ESTIMATED: TXDOT DOES NOT GUARANTEE TO PURCHASE ANY MINIMUM QUANTITY, TXDOT RESERVES THE RIGHT TO INCREASE TRE QUANTTrYUEs)OF THE PURCHmE ORDER AT THE SAME ORIGINAL TERMS AND CONDITIONS. THE VENDOR WILL BF NOTIFIED IN WRITING By PURCHASE ORDER CHANGE NOTICE OF ANY REQUIREMENTS FOR ADDITIONAL,QUANTITY(IES). ANY CONTRACT RESULTING FROM THIS ii INVITATION FOR BID IS CONTINGENT UPON THE CONTDrUED 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 QPECIFIF D INDEX AS CON EVUED 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 08/38 PAGE 7 BLANKET Texas MASTER PO P.O. No: B182006510785000 Dspart Bid Number: 8182006011343000 of TransponsNon P.O. Date: 05/10/2006 RrvN: i-Date:Mar 27,2008 Chain O Notice Purchase Of Services To: INTERCON ENVIRONMENTAL,INC. Agency To Invoice: 2214 FM 1187 BUILDING#6 TEXAS DEPARTMENT OF TRANSPORTATION MANSFIELD TX 76063 DALLAS DISTRICT VOUCHER PROCESSINC3 PO BOX 133067 VENDOR ID:15224377745-000 D`�' TX 75313-3067 BUYER: 355-LYNN m GIUSTO I Li99TATVMCS, Item Item Description Quantity Unit Unit Extended C Cost BLISHED BY BUREAU OF LABOR I WASHINGTON,DC 20212. THE BASELINE INDEX SHALL BE THE INDEX ANNOUNCED FOR THE MONTH IN WHICH THE BIDS OPENED.UNIT PRICES MAY BE ADJXWED FOR EACH RENEWAL PERIOD IN ACCORDANCE WTPH CHANGES IN INDEX.THE ALLOWABLR PERCENT MANGE SHALL BE CALCULATED BY SUBTRACTING THE BASRIXn INDEX FROM THE INDEX ANNOUNCED FOR THE MONTH IN WHICH Tim RENEWAL OPTION 19 Z,,,RCISED AND DIVIDING THE RESULT BY THE BASELINE INDEX.THR ALLOWABLE PERCENT CHANGE SHALL BE ROUNDED TO THE NEARBsT ONE. HUNDREDTH OF ONE PERCENT AND SHALL BE THE MAXIMUM UNIT PRICE ADJUSTMENT PERMITED,EXCEPT THAT THE VENDOR MAY OFFER PRICE DECR$MSES IN EXC=OF I THE ALLOWABLE PERCENT CHANGE.PRICE INCREASES FOR THE FIRST AND SECOND EXTENSION PERIODS WILL BE BASED ON THE CPi-w, THE CPI-w BASELINE INDEX MONTH AND YEAR FOR THE,RENEWAL PERIOD IS: MARCH 2006 UNIT PRICES MAY BE ADJLtSTED FROM THIS INDEX FOR THE NExT RENEWAL PERIOD IN ACCORDANCE WrM CHANGES IN THE INDEX. NOTICE: COOPERATIVE PURCHASING MEMBERS: THIS PURCHASE ORDER IS AVAILABLE FOR USE BY QUALIFIED ENTITIES PARTICIPATING 1,N THE TEXAS BUILDING PROCUREMENT COMMISSION'S(TBPC)COOPERATIVE PURCHASING PROGRAM PROVIDING IT DOES NOT CONFLICT WITH THE ENTITIES'S STATUTES CONT'�TLTED 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 09/38 PAGE s BLANKET ' rexas P.O.No: 13182008610736000 „�,11ei1 (MASTER PO Bid Number: B182006o11a43000 Of TrWWPO,1adon P.O.Date: 05/1OV2006 R"#: I,Date!Mar 27,20M Chan a Notlee Purchase Of Services To: INTERCON ENVIRONMENTAL,INC. `ge1 cY To Invoice: ' TEXAS DEPARTMENT OF TRANSPORTATION 2214 FM 1187 BUILDING #E6 DALLAS DISTRICT MANSFIELD TX 76068 VOUCHER PROCESSING IPO BOX 133067 fVEIRDO R ID:1522437774"00 DALLAS TX 75313-3067 I BUYER. 355-LYNN M(HUSTO ne item em Description 0u0ntltY Unit Unit Extended POLICIES OR PROCEDURES. Cost Cost QUALIFIED ORDERING ENTITIES MAy USE THE PRICE sHWON IN THIS PURCHA Z ORDER To ISSUR FURCHME ORDERS FOR STATED QUANTITY(IES).DELIVERY(s)AND LOCATION(s)MUST HB DnrrxKENT THAN TIC ORI(:IINATING AQENM LOCATION(S). ANY PURCHASES ORDERS$MALL REFERENCE THE PURCHASE ORDER NUMBED, ORDER DATE AND BID NUMBER. ANY AC'T'IONS NECESSARY FOR THE 11 ADMINISTRATION OF THE PURCHASE ORDERS) ISSUED BY PARTICIPATING ENTITIES ARE THE RESPONSIBILITY OF THE ENTITY AND WIL NOT BE ASSUMED OR MANAGED By THE ORIGINATING AGENCY. THnE ACTIONS I INCLUDE,BUT ARE NOT LIMITED TO: FUNDING,DELIVERY,INVOICE PROCESSING, CANCELLATION,PROBLEM RESOLUTION AND/OR ANY OTHER ACTIONS BETWEEN THE VENDOR AND THE ENTITY. THIS I3 A MULTIPLE AWARD SERVICE ADVERTISED UNDER BID 81820OW9,264000 ALL SUPPORTING DOCUMENTS CAN BE FOUND WITH THAT BID. REVISION NO. 1 ,DATED 03/27/2008 CHANGED BY L.GIUSTO CHANGED TERM OF PURCHASE;ORDER FROM:OI9/lo-2' THROUGH 05/0912008 TO:05/10/2006 TiiROUGH 0Ii106V2010 C F PURCHASE ORDER TOTAL. CONTENDED 03/05/2010 15: 30 8178421710 INTERCON ENUIRO PAGE 10/38 PAGE 9(LAST PAGE)I BLANKET Texas BLANKET Na $182006510738000 D*Mrtuwnt MASTER PO Bid Number 8182006011343000 M Transportation F.O. Date: 05/10/2006 Rev* 1—Date:Mar 27,Wm To: Chan S Notic @ PUTChase Of Services INTERCON ENVIRONMENT Agency To Invoice: 2214 FM 1187 BUILDING� `�'' C' TEXAS DEPARTMENT OF TRANSPORTATION MANSFIELD TX 76063 DALLAS DISTRICT VOUCHER PROCESSING PO BOX 138067 VENDOR FD;15224377748-p00 D�'�s 763133067 BUYER: 3b6-LYNN M Line hem GIU3T0 Item Description OuSnUty Unit Unit Extended Cost Cost REASON: TO RENEW THE ptjRCHa;ORDER FOR 24 ADDMONAL MONTHS IN ACCORDANCE WITH T113 ORIGINAL TERMS AND CONDMONS PER EMAIL FROM WENDI HANMIN DATED 03/13/2008. AGREEMENT FROM THE VENDOR DATED OS/Moos Is ON FILE. VENDOR CONTACT!PPMIDENT t KAREN ANDREWS PHONE:817 477-OM FAX 817 477,9896 1 C fP.O.Total. $3,448,060.00 03/05/2010 15: 30 8178421710 INTERC ON ENVIRO PAGE 11/38 PAGE 1 BLANKET Tax=M MASTER PQ B pN,m�3§1 21�000� of Tiwipoeraeion ,: ; ,:r P.O.Date:06I10r2006 To: Purchww Of Services INTERCON ENVIRONMENT gency To Invoice: ` '�INC.IIVC TEXAS DEPARTMENT OF TRANSPORTATION 2214 FM 1187 BUILDING il6 DALLAS DI9TRICx MAN9k'IELD TX 76063 VOUCHER PROCESSING PO BOX 132067 DALLAS 58 VENDOR ID.16224377745-000 BUYER: TX 7 13--3067 864--MONTGOMERY MICHAEL Llne Item Unit Item Description Quantity Unit tended Cost Cost s�TO THE Fob d,OWIIVG LOCATION UNL MS OTEMRWIM NOTM Ti8 W DEPARTMENT OF TRANBPORTATION SEE 9IsHCIFIC INSTRUCTIONS FOR EACH LINE ITEM, L mop 968-88-1&-W 0. 3,27a,050 CL&'-8w �RIGHT OF WAY PARc ,050 SVCU 11.00 �,27a,p60,00 >sz.(s)sERVlczys MEETING TXDOT SPECIFICATION 96_86-16, LATESTIssUL HID SCHEDULE PRICING-ATTACHED ALL ITEMS ON THE BID SCHEDULE SHALL BE PAID USING THIS LINE ITERE FOR THE PURPOSES OF THIS BID,THS UNIT OF SURE 1 BACH SHALL BE THE TOTAL AMOUNT OF THE ATTACHED BID SCHEDULE, 5 PAGES. "BACH SVCU(SEW'ICE UNM IS PRICED AT $1.00.INVOICING SHALL BE FOR PRICE(3) BID AND ONLY FOR WORK AUTHORIZED IN THE PURCHASE ORDER. ALL PRICING ON ME BID SCHEDULE SHALL BE FDMV FOR A 24 MONTH PERIOD. TXDOT WILL BE RESPONSIBLE FOR TESTING FOR ASBESTOS, Gienn 0C ED Director of Purchasing Issuing Em Yee Signature Issuing m 9 PkWee Tide +Lila.*ro D"I:...:!I rAr rerab..v..faA*h d fi-I Wow wPP+w*fn*A* +4� !"r failv+a to. / MNrtI ddtorry d�tt••rmriybk pe,t t t%on*.fhe 9h4 r"m,n the, "re�, �y�edfiad• lrcr d*acA A'"'*"��'nftAaW/{t�Mil�PtW Hawn*Jer defq'.M if wP➢fen am NeeaB"eitrNau«ean�+{lwtinrvmnlmdrilhewl ytrretraJe/tAeR�w. -PP a mo4 dcAar�n+hUkWmixVfetand.9ofl�sn�/ I v�t1nY.felAwa+nl�ere'. 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 12/38 f PACiB z BLANKET TOXW P-0-Nos B182000510785000 Dopsivnaw MASTER PO Bid Number.B182006011843000 °�r °�rfa6oi" P.O.Date:Ob/10/2006 To: Pu�chaae Of Service INTERCON ENVIRON�T,�,,INC. ��'To Invoice: TEXAS DEPARTMENT OF TRANSPORTATION 2214 FM 1187 BUMDING 46 DALLAS DISTRICT MANSFIELD TX 76063 VOUCHER PROCESSING PO BOX 133067 DALLAS TX 75813067 I VENDOR ID.1b2Z437774b-000 BL]YEI 864—MON'I`GOME$Y MICNA�'r• Line Item Item Descriptlan Owntlty Unit Unit F onded Cost Cost 2. NIGP 94"0-3(.0000, 100,000 SVCU BONDING SERVICES,PERFORMANCE AND $1.00 3100,000.DD PAYMENT 14M *"*TK 819 A NON-BIDDABLE I jM mss. THIS LINE SHALL BE USED TO nUIBURSE VENDO=ACTUAL COST FOR SECURING PAYMENT OR PERFORMANCIr BONDS,WHEN REQLMMD, VENDOR SHALL PROVIDE PROOF OF COST OF BONDS AT TIME OF INVOICING OP'PROJECT. PROOF WAY BE AN INVOICE OR BILLING FROM INSURANCE AGENT. BOND COST SHALL NOT BE INCI IDED ON BID SCHEDULE_ s...sr.rrM Srwws.s.+r.rrsrrw►ss+.ts*..sw SPECIFICATION 968-68-15,MARCH 2008 SECTION 30. .N+wr.t t.r.Mwww..f r..M"M+Mt+►.r+Ip... 3 NI CxP 962-96-69-0000. 76,000 SVCU FEES,MMCBLLANIsOj73, =1•DO $76,000.00 .«.r»ssw►.w+,w::.NOTE".ww.arw.r+wss... ""THIS IS A MW-BIDDABLE LINE ITEM.*. THIS LINE SHALL BE USED TO RMrASUME VENDOR'S ACTUAL COST FOR ALL F',EES PAIb TO THE TEXAS DEPARTMENT OF HEALTM FOR DEMOLITION AND OR ABATEMENT OF EACH CONTINUED 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 13/36 ' PAGE g BLANKET Of 4� Texans P.O.NOt 81820065107&500() D nt MASTER PQ Bid Number.B1820NO11343000 'FW&Portmgon P.O.Date:05J10/2o06 Purchase Of Services To: A3eacY To Invoice: INTERCOM ENVIRONMENTAL,INC- TEXA-9 DEPARTMENT OF TRANSPORTATION 2214 FM 1187 BUILDING#t6 DALI.A$DISTRICT MANSFIELD TX 76063 VOUCHER PROCESSINd PO BOX 133067 DALLAS T% 7153134067 VENDOR 1D:15224377745-0OD BUYER 864-MONTGOMERY MICHAEL em Item Unit xteled Item Dewriptian Ouantity Unit � ldCost Cost AUTHORiZLD PROJECT. VENDOR SHALL PROVIDE A COPY OF THE TEXAS DEPARTMENT OF EMALTH LETTER OR INVOICE SHOWING ALL FEES PAID TO THE AGENCY FOR DICKOLITION AND ABATEMENT OF THE PROJECT_ I SPECIFICATION 96646-16,MARCH 2003, SECTION 114. �s�rrw�ww�■.++�s+.��rw«r.Y. r� wr TEX FOLLOWING APPLla TO TMS ZM=P.O. TIM PULLOWINo IS A BLANKET ORDER FOR DEMOLITION OF RIGHT OF WAY DOROVAMENTS, INCLUDING A81339TOS ABATEMENT AND REMOVAL t FOR TXDOT DALLAS DISTRICT,INCLUDES THE I FOLLOWING COUNTIES;COLVEN,DALLAS, DENTON,ELLIS,KALIM,A,N,NAVARRO,AND ROCKWALL TERM OF SERVICE SHALL BEGIN ON PURCHASE ORDER ISSUE DATE AND CONTINUE FOIL A PERIOD OF 24 MONTHS WITH THE OPTION TO RENEW FOR UP TO TWO ADDITIONAL PERIODS OF TIME,PROVIDED BOTH PARTIES AGREE IN WRITING TO DO SO PRIOR TO THE EXPIRATION OF THE PURCHASE ORDER THE POLI,OWING SHALL APPLY TO EACH ` PROJECT(PARCEL); I f.VENWR AND TXDOT REPRESENTATIVE SHALL JOINTLY PERFORM A SrM SURVEY AND AGREE TO AN ESTIMATED PROJECT COST UMG THE BID SCHEDULE. CONTIIVUFD 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 14/38 I i f BLANKET PAGE 4 Texas P.O.Na B182006510735000 i �DWanme rr MASTER PO Bid Number- B152oo601130000 TrwWadMbn P.O.Data:05/10%2006 To: Purchase Of Services INTERCON ENVIRONMENTAL,INC Agency To Invoice: 2214 FM 1187 BUILDING N6 TEXAS DEPARTM.NT OF TRANSPORTATION MANSFIELD TX 76063 DALLAS DIS'T'RICT VOUCHER PROCESSING PO BOX 133067 VENDOR ID:18224377746-.000 DDS TX 75313-5067 BUYER 864-MONTdOMERY MICHAFi• Llne Item Item Description Quantity UrNt Unit Extended Cost Cost 2.VENDOR&HALL CoMpL p$LAa PROJECT WITHIN THE FOLLOMM DEMOLITION i SMMDULE. '• TOTAL OObSP Z=IV Inc&HALL BE No MORE THAN 00 BAR DAYS FOR RESIDENTIAL AND 90 CALENDAR DAYS FOR COhDdZRCL#,L PROPERTIES,FROM THE DAY WORK IS AUTHORITBD.IlX TRDOT)t3pRZSzNTATIVE. *" BONDS)AND TEX4a DEPARTWM OF I&ALTH(TI"NOTVgCATIOTI&SHALL BE SUBMITTED TO TADOT WITHIN 10 CALENDAR DAYS OF THE DATE WORK IS AUTHORIZED BY TXD T REpRZSRvMTIM 06 ABATaI►JxT ANA DEMOLITION SHALL BEGIN FORMS ARE PROVMRD TO TRDOT AND TDH. IACCORDANCE WITS THE ABATEMENT 6PECXTIICATION&. ' '• DEMOLITION SHALL BEGIN WITHIN 5 DAY$ OTA COMPLETION OF ASB$STOS ABATEbeerr. VENDOR SITALL PROVIDE A COPY OF THE ASBESTOS ABA,TEM&W CONTRACTORS LICENBE WITH BID 8UBMITTAL VRNDOR SHALL MAINTAIN CERTIFICATIONS THROUGHOUT THE TERM OF THE PURCHASE ORDER. ' TESTING FOR ASBESTOS WILL 13E TMOTS RE&PONSIBR ITY-RSFERENCE PAR:9.OF SPECMCATIONS, SERVICE SHALL BE PERFORMED IN ACCORDAN IE WITH: " TXDO f BPECII+ICATION NO,X16, CONTINUED 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 15/38 I PAGE 5 BLANKET t t� MASTER PQ P.O.,m��Bxl$�sso�oo of Trrwp"w" P.O.Date:05J10I2006 To: Pu� Of Services IN ERCON ENVIRONMEN'T'AL,INC. Agency To Invadoe: 2214 FM 1187 BUILDING,M6 TEX4,9 DEPARTM 2qT OF TRANSPORTATION MANSFIELD TX 76063 DALLAS DISTRICT VOUCHER PROCESSING PO BOX 188067 VENDOR ID:1582aa777�15-app DALE TX 7581&aO67 BUYER:864—MOwlrrf3OMERX MIOHAEL Line item Item Description Quantity Unit unit Extended ' 4 PAORS,BBVISED MARCH ZOOS,WITH THE Cott cost FOLLOWING RXCEP'I'IONS2 PARAGRAPH 5.3 SHOULD READ: "DEMOLISH ADM DB$PM OF THE TMPROVKWNNT(S)LOCATED ON TXDOT RIGHT OF WAY AS DUZCPED BY T m TSDOT RRPRSSENT 7M,AS A MII Mr iM,BUT NOT LIMITED TO,THE FOLLOWING SHALL BE INCLUDED: BuiLDING6,SMUCTURM, CONCRETE Oil ASPHALT BLABS,FOUNDATIONS, PWMGS,DRivEWAYB,PAR M(;LOTS, TM&S,ANY DEEM,FENCE$AND SWING POOLS." — SECPION lo.PARACRAM 10.6.-DEL TB BID$CflEDtJLE,5 PAGES a TEXAS DEAPRTM&XT OF TBANSPOETATION GS)MAL T$RMS AND 0ONDITION$,REVISED AUGUST 4005. —PAYNmq?WILT,BE IN ACCORDANCE WITH PART II,PARAGRAPH 9.AND 11. PAYASSSN'i'WILL BE MADE IN THE FORM OF A R1nMOVffi,DTlSRIS I�O�'EMlLN7'($)I8 APPROVED,BY Cam,ALL WORK I9 NOTU ICATXON!�S HA�A�TO THE D5 TEXAS DEPAR'INICNT OF HEALTH(IF APPLICABLE)AND UPON RECEIPT OF DOCUIVMNTS SHOWING PROOF OF SUB- CONPACI'OR'S COMPLM AND FINAL PAY T (IF APPLICABLE). INSURANCE SHALL BE IN ACCORDANCE WITH PART' PARAGRAPHS l0.THROUGH 10.4,W I THE FOLIARRNG EXCEPTION. CONTINUED 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 16/38 ' BLANKET PAGE B Tax"r& MASTER PO Bid um�B saoo@01� WO of nvoportetlon P.O.Date:05/10/2006 To: Purahaee Of Services DrMRCON ENVIRONMENTAL. ncy To Invoice: NMFN'CAL INC. 2214 FM 1187 BUILDING TEXAS DEPARTMENT OF TRANSPORTATION #b6 DALLAS DISTRICT MANSFIELD T% 76083 VOUCHER PROCESSING PO BOX 133067 VENDOR ID 15224377746-000 DALLAS 753134067 BUYER 884-MONT(,pMERY �kQCHAEL Line ftwn Item Description aunt ty Unit �t EXtended Cost VENDOR SHALL HAVE i1,000A=.00 COMMERCIAL GENERAL LiABII.ITy INSURANCE. PLMSE NOTICE PARAGRAPH 10.OF M GENERAL TERM AND CONDITIONS. VENDOR RECEIVZKO AWARD WILL HAVE 10 CALENDAR DAYH AFTER RHCEIPT OF ORDER TO PROVIDE REQUIRSD PROOF OF INSURANCE AND TO BZQ[N PERFORMANCE TINDER TIM pURCIWE ORDER. FAHAM TO DO 80 MAY RESULT IN CANCELLATION OIr THE PURCHASE ORDER AND RISE-AWARD TO THU NEXT RESPONSIVE, RESPONSIBLE BIDDER "' T DOT FORM 20.102,CERTIFICATE OF INSURANCE. PRIOR TO INITIATION OF ANY WORK,VENDOR $HALL OOORDINATE WORK,SCHEDU Z WITH TXDOTS ASSICUM SERVICES CONTRACTOR, QUANTITY(Mg)ARE MIMATED. TImM DOES NOT GUAPJUq EE TO PURCHASE ANY MINMUM RUANTM. MOT RESERVES Tlz RIGHT TO INCREASE THE QUANTFMIES)OF THE PURCHASE ORDER AT THE SAME OR.ICRNAL TE"AND CONDITIONS. THE VENDOR W&L BS NOTMED IN WRITING BY PURCHAgB ORDER CHANGE NOTICE OF ANY REQUIREMENTS FOR ADDITIONAL QUANTrrY(M). ANY CONTRACT RESULTING PROM TIES INVITATION FOR BID IS CONTINGENT UPON THE CONTINtMD A,VAILAETLITY OF APPROPRIATIONS, CpNTINUM V 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 17/38 ' PAGE 7 BLANKET Texs� P.O.No:B18,2 M jw35000 of Trwvp0fttbn•,rmw,t MASTER PO Bid Number.B1820060,1343000 P.O.Dale:0&10/2006 To: Purcbaw Of Servioes INTERCON ENVIRONMEMAL,rNC. lacy To Invoice: 2214 FM 1187 BUILDING#6 Tag DEPARTMENT OF TRANSPORTATION MANSFIELD TX 76063 DALLAS DISTRICT VOUCHER PROCESSING PO BOIL 133067 VENDOR ID;16224377745-000 DALLAS TX 7531&.9067 Line Item BUYER:864-MONTt30MERy,MIAEL Fterri Unit �crlptlon Quantity Unit I THE Cost Extended STATE yP��, Cost "UNIT P AttDLY W�HEN�g UPWARDLY OR CORRELATED WITII THE MOB INDEX gMIF=HEREIN. .MS OTHERWISE INDICATED,T'HE PRICE INDEX SHALT,BE THE SPEC13=0 INDEX AS PUBLISHED B�EAU OF LABOR WASHINGTON,DC 20212 THE BASELIIn RqM SHALL BE THE INDU ANNOUNCED FOR THE MONTH IN WHICH THE BIDS OPENED.UNIT PRICas MAY BE ADJUgM FOR EACH RENEWAL PERIOD IN ACCORDANCE WITH CHANGES IN INDEX �i•E PffitC&NP CHANO,B THE BASELINE 1N=pMMMG ANNOUNCED F'OR THE MONTH IN WjMM TIM RENEWAL OPTION IS MWIgCISED AND DIVIDING THB RESULT BY THE BASWZa I INDK•THE ALLOWABLE PERCENT CHANGE SHALL BE ROUNDED TO THE NEAUST+ONE.- HUNDREDTH OF ONE PERCENT AND SHALT. BE THE MAXIMUM UNIT PRICE AD,TU MWENT D,EXCEPT THAT TfM VENDOR MAY OAR PRICE DT;OREASgg IN EXCESS OF THE ALLOWABLE PERCENT CHAAiO&PRICE INCIUL4US FOR TIM FIRST AND SECOND EXTE?4moN PERIODS WILL SE BASED ON TIRE CPI-W, NOTICE: COOPERATIVEpttlCHggII,JCMEMBER$: TIiI3 p CHASE ORDER I3 AVAII.A,BLE PoR USE BY QUALFFIED ZN7rM3 PARTICIPA'T'ING IN THE TEXAS BUILDING PROCURgMEXT COM ESSIONT(TBPC)COOPERATME KMCHASXNG PROGRAM PROVIDING IT DOES NOT CONFLICT WITH THE RNTI'DES'S sTATVTFS, POLICIES OR PROCEDURES. CONTINLfiD 03/05/2010 15: 30 8178421710 INTERCOM ENVIRO PAGE 18/38 PAGE d(I.AS''PAGE) BLANKET' T'"" MASTER PO H�NO: �: Bls�oeolia�4aW000W Of T P_O.Date:05/10/2006 To: Purchmm Of Services RITERCON FYVIRONNMNTAL,INC. AB�CY TO InPOi�: 2214 FM 1187 BUILDING#6 TES DEPARTMENT OF TRANSPORTATION MANSFIELD TX 76063 DALLAS DISTRICT VOUCHER PROCESSING PO BOX 138067 VENDOR ID;15224377746-000 DALLAS TX 76318-5067 BUYER:864-MONTCIOMERY MICHAI4L Una Im Bern 004c0ptlon Quantity Unit C� Extended Cost QUALIFM ORDERIIMI ENTITIES MAY USE THE PRIG$SHWON IN THIS P UPCHASS O�B=R TO AWUE Ptff&CHASE ORMW FOR STATED RUANR7TMM),DBLiVERV3)AND LOCATION(S)MUST BE DIFFIMT THAN THE OFIGINA7ING AGENCY'S LOCATION(B). ANY PUIMMASS ORDERS MiAU REFERENCE THE PURCHASE ORDER MOER, ORDER DATE AND BID NUl UML ANY AC'1'iONS NARY FOR THE ADJEWSTRATION OF THE PURC&kgE ORDERS) ISSUED BY PAR'T'ICIPATING ENTfr=ARE TIM AEBPONSIBILITY OF THE EN r=AND tiVILL NOT DS ASSUIOD OR MANAGED BY THE ORIGINATING AGRNCY, TI1M ACTIONS INCLUDE,BUT ARE NOT T DHM TO: FUNDING'DELIVERY,INVOICE PROCTggING, CANCELLATION,PROBLEM RESOLUTION ANDIOR ANY OTHER ACTIONS DW,TWEEN THE VSNDOR AND THE ENTITy. THIS IS A MMTIpLE AWARD SEIIVICE ADVERTISED UNDER BID 010006MI254000 ALL SUPPORTING DOCUMENTS CAN BE FOUND WrrH THAT BID, VENDOR CONTACT:PRF,SIDENT I KAREN ANDIt Wg PHONE*817 477-9996 FAX 817 477_9998 P.O. Total $8,44g,060.00 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 19/38 ca c. W H i r� U M H N �yi .may a In O C h f! 4y h h h t~A H y h t f 9 CC, co 5 } Y a d w S 8 q pe g $ o R O � O Q �O �O N n o � o Lo IC tx y � � � � � y u � Y Y •V R R m y O O qq V ..r do rV�+ N O t S h N S c N fh «.i pp O O y 4� O C �• H wr o erg': 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 20/38 N $ s g $ Q g g CO I e d m C� w '• Q ~ y e O MQ I H y H h y K y y y N h N h H ffi I � p pp o pp p pO yy NN ��yy ryry O y I Rl.t I a a a e u i' Y N lap g . o $ � d cft O ° N a" °' ei . r it rrr Y DO CL. : = ; " a a a Y 4. C CL m � � � � V � � � a � � �� O � � O q � M 2C c► � O o h � "per• r. .r .nom' °,,° ~ ,~. ti w .°: O 13 CD 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 21/38 cr I 7 w O � eg to M L Y A coo wj a g d N n e N !V h N N eV N hI N d m m ice. 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 22/38 I w �. � y h •r rr M � YS H h 0 • O m Q O O • O d �► 4 d m ® O G5 $ p Q gn po CD H H H h h ri w.i fA H I N a d cc S Ch a a , , b U O � � a � � •� 4 v O q o w a �• '^ � p � " � ti � �:g7 0 rE A 4 ca A S N N fV N N C4 N (V tV N 8 m N 03/85/2818 15: 30 8178421718 IN E C N E VIR PAGE 23/38 ƒ ( � f e 2 & § P Z Q E 2 � H 2 � � - � § k � � ■ 4; �§ | ° ' 4 ® © � ■ � - | � � s ■ q t | A ® ■ 2 � % ® e & ƒ 2 q | � � � \ ■ � | 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 24/38 �I TExA3 DEPARTMENT OF TRANSPORTATION GENERAL SERVICES DIVISION PRFPARQp 9Y: VICJKIE GRAFF.CPPB,CTPUn ERRY SMITH,CTPM FA](NUMBER: 312410-213Wj a-&o2n ii0 SPECIFICATION NO EMAIL; ♦< t ter a / TxDOT Y98d6-16• REV SW. MARCH 2003 PUBLICATION This spedN=flon Is a Product of the Texas Depar"wd a rue ongnes by making tie speclstatlon avaneble th h "Wnedon(TxDOT). h Is the pnop0s of TxDOT to support other not be sold for profit or monetary galn. K this National butltuts a Govemmenal Purqh �ffierad a�the a, T1d10T dose not assunu nor aaospf�y Napy�, n Ihl the p 4 used In tlia anT fn �r y vmw meat process by t• SCOPE: This VadAcaean desortbes the canals P=h9"d for htphway r,pwi„wW nhgncm"project find/or dieposa of fmpmwnunts on rlpht or way 2. APpLi 2.1. AN work pgrkn"yd under to purchase order shall be In compnanoe with an federal.eMte and boal laws,statutes and ordkwtasa OR►Mae jurledhdlon the wrAca is porfommd. 22. The vendor when obtain oN permits(aquhed 10 perlarm the work. 3. ANNEILQ51913M., The Improvsmangs)HAVE EtEPN 7 Eta n copy of the report a ft lbtdinps Is evallable upon raqu OL The for re0ulatsd aebeseoe oantalrrhrp m-114 l(RAC. A ■rrd the report reflect the aonaludons of ft tester,not Tid]Or. a"T was dww ekes no fMm any died aupervlalon trw T4= �s Or knPNad,con-mini;the acaneuy, or awrolaleneea or sail report. guarorrOse,or represerrEefaan, 4. BESImokpENT 15, 4.t. Reapprtlord af1aU haw tine 7e+Im of sWa,Nnce In mcwV and/or damollahbV bLwohpe(Ref.Para.15.2). 4.2. Respondent shell hold and Won for the duration a to tturchase order,an appnegbh Ncsnaas a�psrmfta nsoa.sary to perform au swiloas pertafntng b sue p art*(Rat Pere.16.3). 5• EkZVILE izr�i rr ----� � The vendor YIteN: 5.1. Provtda an labor,matorlak,tyoE6es,equlpmwlf,same.Pernft noNNCatiorn and ggreemwta necessary to p•farm 5-2' �a� and cooMlnaee a erhedule*rMh TxDOTe dselpneted representative far Bart and complslion 5.1 Move anftr deroo0eh,safvaps and/or tl ' gumbo, on As a minhrrsah but not ler fsok Ioaetre ft kVr6wnsf0)located on the panoel(s)an shown on the slabs,foundatwns.footings,drlwwsya,paw I� X11 Included:buNdlrgs,strucnxas.cone ate or asphaft fences i^D pools. 5,4. a aptakable,rsooWer an refr►garente R'om demollohing the knpnaverrrark aq"ipmem In accordance with all appkabk laws prior to me ft a 5.5. Arrange for an Private "nos servk"the property to be dloapryte� coped or rebated.Including aN efeWcml, sewer,wabr and natural d on". 6.5.1. Watef wells shall be capped or pkIgOW,as Cheated by TxDOT,In s000rdenoe wittl atI 111 regulations, fedarai.state and local ThN Spec"on Su P-W-0-0069 Spectecanon TxD07 No.966-66.191 Dated Nove,nber?002 1.4 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 25/38 SPECIFICATION NO. TkDOT 908458-16 DATED: MARCH 2003 5.s.x. Af solid end liquid material shall be removed from septic tanks, an■ocardsnoa with 84 federal,$tar and local reoulsfane. Shat be transported and dspoad 0/ 5 0. Provide a Wb suparMew It fhe prahc�any ate work 1s bring performed, The sir aupervisor shag haw the MW 10 make On-alle decielons. 5.7. Comply with VW foltowIng H the I mpgaenlsrA Is to be moved: 5.7.x. Transport b agcadonos WIM N stab and local adi Weft and reoutstlons. 5.7Z. Obtain arty pertnRe and make necoury arrarpemerfs with Iasi authorities to kanWn ere hnprowmsrat htatudkg escorts,flrequhed. 5.8. Apply water to the groand and to debris prior to and during 60MONNOM 10 madnllza dust related to demotltion_ ' 5.9. Contain of togas boon and debris in a dosed contow. 5.10. Conduct operallans b emu"flee or no ob*ucthn or hafsriarance with roads,streets,waft and other adjacent ' axuplad or used Nacitevs. 9.11. Allow soosas to the property at aQ dmes providing doom would not Warfare with OPwM ens andlar endanger Eras. 5.12. Sawn properly from unauthorized antrance. 5.13. as as �>�gN rwf of IN publk and private propmty and use every precaution to prevern der raP and/br replaced at tin w9enee of tha vendor. r"0� 5.14, Relum eN materials used by TxDOT to swag the Improvements to TxOGT prior to brolnrrktg worn S,15- made WVel Clean 009 Shall be axpoeedeas a result of remev81 Of InWONOrrrents with dawn 8011 to meet ft sumoundbV Pa Oonsittsnt with surrounding grede. 5.16. and completion,ISO"the paroal(s)*06 of SG delft and In an orderly state Including sweeping skfewelke clew of dhl and dabrte, $.17. To the grriatest Ndarrt ponllis,saNags,reuse or rerryde waste materiels produced In order to mhamae the Impad of carhualan waa $on 111nd61(e.and to minimized the dxP0ndiboa of en orgy and cost to fabricating new matsrlale. 5.18. Proparry and safely tra sport end dispose o1 a#debris at an approved T (TECO)dlapoul fi k ft. Proof of where disposal of waste ooairred shall be p dad nTkppT d Quafty bit Included in the bid price, iapoSst Wul IS. TPAFFIC CONTROL 8.1. The vsrstor shall adhere to the gutdafnas and procedures Bat 10M in the Texas Manual an Uniform Trallk Control Devkes,btest ISSUE,regarding lane closures. 6.2- Traft ow*W ptens shat le submitted to and approved by TxWT prior to doting any tral6c tares, f 7. VENOOR'a r rev nc %ffjjj=: The for than: 7.1. Not use any WWkSlves vW&OL't wr i ten apprwmf from TXDOT. 72. Hardie and stars equipment,materials and euppges in a 90%and orderly manner and keep the premises orderly, sanRary and free from accumulation of rubbish ra Utting from oporagonS_ 7.3. Be sibl shall r any theta!ale and/or equlpnwd kA on air. Any loss of materials and/or equipment due to theft, responeibNlty of Ire vendor. 7.4. Not udite ft ware Otte or other associated TxDOT ImPmvamenL PrOParly fbr du purpose Of dlsMtkufng Or aellktg any portion of fro a. WAWrkl• The swvlta area Is shown on the Solicitation. 2-4 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 26/38 *°^ SPECIFICATION NO, TkDOT 08943E-19 9. I : If hatardam maierlak, DATED; MARCH 2003 any Parcel,elan aq work will be poatporrsri Inlmedtatai { such tkns that k41 ,hazardous ft s ic �Can be rsto be present and dMPoasd of prop". TMs work wlo be handed under a separate OMO o order, 10. 10.1. PAYMENT BONDr M the dots+eokoffadon 1br envies to be performed under the purdaa order axaeds$0,000,the vendors shop submit a payment bond. 102. PERFORMANCE AND PAYMENT BONDS: it the total solic"Non for asrrkxrs to to pertorrrred ta+der PrtrCrmsa order exceeds S100,000,tie vendor shall mlubmk a performance bond one Payment bond. 10.3. Ronde shill be exacutad In axoadanft with Ardde 7.10-1,ytrTgn's Tom insurance Cade. 10.4. Bonds one not rsquked on purchase orders under 529.000. 10.S. The cost of Wa bond ahe9 be Included in the bid pry.bmft 10.9, �aaft vraflten ratla�sh�been be executed on a form provkted by TxDOT and returned to TkDOT wkhia 16 emendor Company's nears,addrasa tome vendor. A Power otAEamey and a Printed doaar1eM��time bonding a arY No bond(s), and te�pffoite number and the Teo=DePartmeni of insurance telephone number steak 10.1. AccePtAbIs terra of bonding are csmlgr x dvolr _ Institution left to 9ta laws of T oar38ad Check or In Taxes and ordered on the United 6tataesar*or W anl*bond hen stomps W Ch rallered or outimftod to do bu Dapartmorrd of insuninoe I O@WM@nl of Treasury's ft"of approved sureties or tha Texas bmdinses Istbr9;United States ireaury bond:er aerpticate of deposit. 11. t 1.1. TrDOTS wrtYtan d@o'NWMad rapresardidt"w8 coned the verldOr requaM for service will be faxed or malled to ft vaneor fob wifi!n 24 to ou ills co under the porch order A su ftft Information y SOV-ln9 Io the Pam bf(s)will be seat wlm etc written request Wbtk under . Ail known autlmotlzed by alte.epsdk work orders Issued by TxDOT vw ills"order Will be 11.2. TxDOTs designated t llephona. representative and ihs vendor will schedule a pn.worir site wick at Ele tlme swvioe Is requested by 12.1. The vendor shall submit the lo9owratg to Texas DaParbrav of health(TDH)prior to commencement of work 12.1.1. A complalb and stoned orWal of the foRrl fitted TF7(11E DEPARTiiF,1�fT OF HEALTH mcid�fians Rr pm,gglsj ha Mbar IcATION FORM rspuYap by Me TDH,and an amendments or Deloart mmeri of Tnkns wmflon), vrevtded fo the TDH(the name of ft faaWty owner slmalt be the Ter= 12,2. Work shall not commence urtll ems requited on work day wakkv period as epsclited by TDH hoe lapsed. 1 12.3. Vendor shell pay aA aPP9ca0e f ft few for each PrWP0. ii 12.4. The Vendor shell submit the bft*p to TxU0T prior la aomnmenonmeni of wol'k: 12.4.1. Proof of in ursrroe. 12.4.2. Avpkgblo bond(s). 12.4.3. A completed and signed photocopy of tams form tilted TEXAS DEPAR M DEMOLrr1OMrRENOVATI0N NOTIFICATION FORM requim NT OF NEALTN by the 7 E and an amendments or modMcsilone Il eto,that have been Provided to the TDH. 12.4.4. All hh all arrsr>dlmenks or mod►'o0lficm*e required by any Counter resolution armor City code or ordinance.fopather Rr�tlona fhareta, 3.4 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 27/38 8PECIFiCA'rION NC. TxOOT OU-WI5 12.4.5. A DATED- MARCH 2003 sl9 h red, 111s aborws raNlronosd tams And al amwk*nw to or modMioaUons thereto,were 13. 13.1. Vendor Ahal submit the l nroloe to the address shown on the punxlya ortler, 13.2. Vendor ahai►Nparps the on,for each na 11am 0n Itra puralmme order. 13.3. Invoroa shall Include the folowk>Q Infameuon; 13.3.1. TXDOT Purottooe Order Numbar, 13,3.2. kw1cA number, 13.3.3. Vendor's runty,remit to addrap and tsieph"number. 13.3.1. Parosl number,Iocadon,dalaa of Nrrtoe and description orssMOes performed. 13.3.5. Unit pros and etaenWon. 13.3A. Proof of dtsp=g locatbn(p,st Pars.5 ta). 14. PAYEE TkpOT Will not Pay any trawl or par diem for san4osa performed under the Purchase order. 15. l3OLICl7AT10N cr rem. �•,�.The blowing shelf be submitted wish the soNtllaHon response. 16.1. ComPMW and elgnsd irrylfalfon for Md. 153. References: Respondents shall submit at least three rsfarrrroas *me Paragraph 4'1• RAiennass may be mad prior to wmrd. Negfia s resp n eswmay disqu,fy the so�ur�gO�m In 15.9. Copies Of kw"(Ref.Para.4.2). 10.4. HUB Suaoontmonng plan,If requNed on the aWkIlegon. AMFJ 16. 16.1. No split ewaroa wll be oonsldared. 18.2. MW cn pu Tempo Orders may be awarded from ptis wW121101. Award w11 be made to the lowest rsapons,". responslbl§respondents mea6rp 811100 l 160n. A maximum of puss purchase orders may be Awarded. 4-4 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 28/38 Review:August 2005' TEXAS DEPARTMENT OF TRANSPORTATMW TERM!AND CONDITIOtes fAWJ GENERAL Tt'cRM6 eW r'nerevD- Pert I of ale General Tarns and Condiltona AMA to ON sofl�lona , Apart I Request for OtTar(RFO)and faequest for Proposal(RFp)I o(laray by TreC> P�arislefi and I(are clitiallon a`ddNfona to T'"Proar►enrerrt fbgs water ere y aulharlty of Texas t'"ernlftrd Cam.TMa 1 seq. (comm**known as els"Puraminp Add. The prareha 0.Subtitle D,3sctlon 2151,+f estabAshad by rule of the Texan guildlnp and Pro Pure rent��oslon(include statutory raqulrsmsn{s end Cross t ulromenta C)as Contained h TBfsC Ruts 1TAC 713.1,of seq. All purchases ass on a gr tbasd p�bash uNeas otherwise stated In ere sand itlon,a'Total Cost Not to ExQgW afttamanl. V6ndar SW not the Purd%m order total or ft contain total wngtout fxbr wrltlan authorize tFnm llr M&y work Mrat may exceed either deparonerd. t• ROOL41MMEWS AND ADDrWMX INFORMATION 1.7. a radeMdlscentiIsO red a Per ung ia and sx esW0 s,unit a de shag povsm In the event of=UrWon amore. it unt le oltered an the rnap0naa,N should be deoueted end hat Nno astenalorr shown. 1,2. ReapandQnt Guarantees product ollered yfq met or exceed ePednrievns kfenUlfad In this rolldmtlon, 1.9. The rsepanernl dines submit the or elm&seances of ryoN required and In the merrier stated In Gu apedSm!on 0r on fine sCNtlhCon. Ring bMdera a axoeaahle IrrRlrmal(pn are "W. Respoasaa may be tab bldaxsd. 1.4. Response should be AMMON On the ao4okatlon form.M submOkV PleCad in a sVenste anvelopo,pert'"Idsr*W with m PN r and opes,dash reapon le should be mW be tJrne stamped In Tfd707's Men Room or hand de oredtto number and the dale. dots specified fbr era soltdtation CperihWcI0Wnq. livered to Cra eddeep on iM sollcgatlon before the hour and 7.5. Lots reSponewS will not be considered under any d+rnstanas_ respondent urwpersd. Yr+llged Iete roaporsoa will be rstumad to mar "an provided with the roaponse should be oompl56 and oomprehenefve. Tk(W VA not be responsible for locating eecrxlrm htomratlon flat Included In the ro ones. FaJiure to Nflrbll won the riot be aao elele for any expanses g�r�ed� �and no wesponaf n9 In rokdion� -rxOOT will dewakkarn nt of documentation that may rbsuN Mom Nita 1.7. All pRceh r eg In he F.O.L unit daMlrrotlon,thetght ProPatd and agowad, This means the vendor shag prepay and kwk4e the trelgt,t charges M tl+s unt PrICe. 1-8. An prime shall be km fur armaptanoe tar 30 days tram$Cgdfotlon del I g#N'owM Mofn W how",Is not cash dlswle is . requested. Cash discount w�rw be coneidend in during line farm of tinge pwchas&order or the gor dleoouny 0tfered will be taken M earned,pis)shit n l erect e Pr1oa rsductl0rn that nmM In reduced �fe0mAnf unless ova��in��Wn. Vendor shell mfsr coat to Ind vendor during ell term of the purchase order. I.11. Faaue to sign the SONeNatlon manually In the requkvd sPeae will response Mug haws suthorls:aMon t0 bind the company In corwor�� fin rrespp rinse Mom k Tgexaeg the ld"tIftatlon Numbar(flf),"firm name and address of company. The TIN is tins taorPayer nimbi aeslgnad and used by f>re ComptrONer of Public Acoou M of Texan, Enter this TIN In the space pmvl on the sok*glli n. 'This Revision Supenwae Prsvlous Rwtsfon,Revised:MSY 2005. 1-10 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 29/38 Rawised:ALA"2005• Any ammoons made before openifWdOlp 6866 and Who shall be initialed Rssponsa cannot be altemd or amended after apenkg/dozing date and tlnr respondent or auN►ori�ed ink A response may be WWkk van N requested M wrNhhg prior b the openln withdrawn from ocn aidwsaww oRar the ope,y 4818 and lime. A response may be rrrkMn.sbapnb►e mason. The -gkbOV dab only with the approval of TxDOT based on r@apondarw■ Nte Ras nee Information trp�ds�y° wl1 rat hr considered for sward but cols be fawned by TxDOT a000rdvv to NtY provision. 1.11. At the tlms of ape wVkioakg for negotiated soildlallons,only the names of rte not be disclosed. �orndants col"be am) ad. prooe V^ 1.12. Purxheees made far State use are cramps&cm dw State States tax and Federal Exdaa Io&.Do not Include tax In a winless otherwise speaified In the sdkUatton. EW40 Tax Exemption Coritecate will be fumww by TXWT 1.13. TxDOT reserves the right 10 aoospt or reject all or airy part of any rsOporrsO,MINIS minor toohnkenes and make award to beat serve the Intemsts of the 3UIO. TxDOT reserves the right to reject any rest, not prepared and suDrMtfed in accordance with the sollclts"on requirements. 1-1 4. an ftt'lsrnt and continued ps rwepor,se pricing rosy lead b nejoctton of the resPWM by TxDOT and/or investlgetbn br antitrust violations. 1.15. FecalmNs(FA)()responses may be submitted to the FAX number provided In the sotiditlon$28.000,unless ohhsr wfea s181ed in the 20ftbIlom Fr paroMWO x25,000 and g for proq neb Mss Na n ooneiderwd union ndea r.a18,FAX Mporas Will not TxDOT WIN 11sp n a sal*tldan,AN FAX responses must be signed In Space provided in the Ie khco,apiate or nitnsfwhe non ible for failure of slecfronio a Merit or oporaha error.Responses Neat em isles, �esponslw will not be conddered. 1.18. It Is the Inter(of TxbOT to Pura goode,equIPMert and services having the Most adverse enylronmsny ImPed within constraints M ry w+rdaokg mgwmnten6s,depwrhnw"need,availability and sound econorotoal F future revisions of this speet8aribon, suggested ah�es and emvironmanw anhoncernants for possible inclusion In 1.17. TxDOT Is committed 10 mel"bining an dcohol-,drug-,and llrsorh4 ee worWoos. Poeeession,use,or being under the Mftmnp of alcohol or controlled aubsbncss by whhdor's employees while In fins prohibited. Violation of this requirement shop oonsUluts grounds br Pedrxmence of any Set vlcs is amploysea she"CW4*with TxDOT's policy prohiblN d emonlrg M TxD nl�purchase order. Wrldors 1.13. All work by the vendor ahN be Pew bahween fits hours of 8.00 a.m.and 8:00 M..unless otherwise specified, only on working days ob"fwd by TAW. Woradrg days are usu ft Monday through Friday of each week. 1.19. Response kNomteoon ConNdentlamr. AN kvkwrndcn eaoneanoe with the Tom*Public klform don Act, su4rrtRlotl with s response Ia dulhject to and will be handfed In access to Inbrmaoon In the GovwrTansrh(Coda,Chapter 552, The Act allows Nita puboc b have respondent must clearly Paeaoelon of•gowrnmen18l body through an open records Idernttlled the riY idci*m the rsOporhaa any conodantlal or ProPutahry kdartnslbn Wriest. Una T!d)OT wit use bel�eflcrts�to the col"be kept conildendol by TkDOT b Ins @,dent porMlttedd by fto tow OfSoe of ftM Alit, g mporrdsnl or the awarded Norxior an opporiuullty to present Na oqunt�s to the Ali information submitted rney General why the Idengged contldentloi or proprietary Intonation should not be disdosw. s AOduie created un M a rsePatlsa must be nslfhlrad by 7kDOT for ins paned apse fled in TxDOrs record retention oo+rerrnne r1 Coda.Chapbr 441. The k*nnaaon may not be retumed to its respondent. 2. >tPEpflCATIOME 2.1. The goods f unllshed or servtoe Perfommd shell be in wCmdwm with the all 4Lnasoons,which,may arias as to the trrferpmsspon�Nye P�aPsd"eeUano. TxDOT will decide furnished or work performed. M lire OofidbOw Is for a WOW�will do the uaiky,or•ooeptebNNy of goods rate of progress of"*work and the aocsP18bia fulfilment of the service on the part of tits vandor�ormanos Std the 2.2. Any cstaloy.brand"ants Soria a aksd rohrenc a used In the solicitation is desofplin only(not raefrlcfiwe),and Is used to Indicate type and adv@reasd as Proprietary or solo source wow Texaaa GoMemment Code and quality cop be conBldemd unless 155. Show manufacturer,brand or trade name,and other c��)•Tfse f0,response. b,Sectlon 2f 55.067, sxamPie(s)Shown.khokude IUylravone and deeafp0on of product aliens on re ilon re if offer k for other than takes no sxosPdan to speclitcE ens or referen d Product r the soiicl18"on rssPonsa.If respondent V14111105,numbara,etc,as$pacified, gorse,the vandor will be required 10 f+mleh brand 2-10 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 30/38 Revtaad:Auptrat 2005• 2-3. unts"0aw'he WWAed,all fame of.red ahoy be new and In fkat Ctass conftM hdudtng PpW9 and storage aontalnen. Verbal sgreemsraa to t o conbery wnl not ba IecOgnlaed. 2.4, Produd"tples.when requoslad nsrst be Acrnlahed at no coot 10 TxDOT.K not daakoyed ln elnmt on or Rvduct aomptee wIM be rrturnb upon nqueat,at reepondanCs etgtenw Each produd samp4.has be mancedd WM ' 'espondenf s name and address.and TxDOT SONO010tlon number. Do not onacee In or Susan responaa to Product as"*. 2.5. 1kooT vela not be bound by any oral stall ment or npreserrtedon cony to the wr1<Mn aloodfcatfont:of Otte o61*c 0+• AN will to end IrM gxft Wm of No soldbtlon shell be to wrltlng• My addantla or 'a not In wrltlng le0uy bind TxDOT. kttarpratatlon Oral 2.8. rdaltt Uchsers UUWBrd w.1, my shop apPly unhss olharwlae stated In Ott sotldlsMon. 2.7. Ap elecirfwl Items Shan moot ail spplleabia OSHA sfarKWO and nOtsetloes,and bear 11,3 appropriate�hcm UL. F'MRC ar NEMA. a. TIE RUPOMM&. Award wm be made In Mwiftnee with RULE 1 Texas AtemWM Code(TAC)Section t�3.8(b)(3)and 113,0(Prorm"cos). 4. PRf MMNCE8 A nsp011ant may dakn a pmW*noe under Ruh 1TAC 113.3. To dWm a prerorenoe,a reepordent shop dw fy the preforance,an tfta face of m aoknallon,If the appropriate ane 0n the wk talon s not merhed,a pre .Abe will not be granted unless oOter dos Woo krdtded ln the bld show a Wd to fhe Waftrence. Pr*h"ncm may be delmw for ON fouowMW '' ts a • egtApmant produced in Texas or oRored by a Tares bidder Agricultural products grown in Twm • '00A"Produt:ta cfferad by Tooled bidder USA produced&VpEre,material or equl nwft • Pro pm ducod st h cNlttes loatad on ho.pwoty canbmr ated propsrty ucts and servfas from ao0rromk ally depressed or WWOod areas IMMLEMkM • Produob of persona with mental or physical dlsabalpes P• � %ided materials • Energy aAlden produm • RubberkW-ap4M pavkg ftoadals R*cycMd motor on and hubricants s• DEUVEW 5.1. Reapcneo shoyd show number of days raqulred to }0001101 under normal owwftna.Fatlttn to Adele d posy dm er41,or 6evin vendor too omple required),at TWOTs designated days.Unr""Oc do"promhao ca�Y tlme obA W. vendor te aompleto dallvery kt i4 calendar r►tay tales rtlsparee!d be reJacxed. 5.2. ppeei via b—ndorr W,aq shop O +Mflten nabs to Tx00T. Tx00T has the right 10 extend tlWvery data M reasons I o ke+P TxDOT advised at all Orr=of atattu of order.DMault h romlaad de charge full Increase,if a to cps i11°n,authorises Tx00T W ptar;haae goods or seMoss Stew om ant ro ny, ate and handpne Ile defbuning vendor. eNAfe�sntl 5,9. No aWOUIOM Of oencxpeeons pa rri tted wteouf WlltIVI aPProva!or TxOOT, 5.4. s in�durft nomsl woting otPle ie slo p ttw hours only.unless Prkw aPProvel 11041 been obtained hem TXDOT or 5.5. Receipt of goods does not oonstltute Sumptan.. a-10 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 31/38 I Revised:ALVAI 2oW 0. lNSPECTlONBµD TFS7S: Goods ace services wrn be s all Emea and Please.'reps will be bJsc Pettlro and teat by Tx00T to the extant ahlpnhenl M the event sam performed on semPlse eubrnitled with the reapano or on safPMS token km regular practicable at the ample used and ate cord sot tad fall to MON a exceed so cond►Yons and n■qukertynb of We spedomeon,the cop of whole or M pan may to TxDOTS shell be borne by the wndor. Goods which have been delivered and moCied in Atrthorltsd TxfSpT option,be MWn*d to the WKla Or held for disposition at vendor's Ask and mcpo ft. ParsorsnN$hall have soopp to any vendoPS Place of buehhses for the puma of inspecting goods erd aervims.l aunt defacte may msuk in revoatlon of acceptance. 7. AWARD Or MMHASE ORDER A response to a s011 N*n Conditions d coM2ined In the swidtation.Ras y an offer to contract with TxDOT boom upon the tarns. aoceptee through an aufhonzed TkDOT deaignas by lain �e ds h+►dees and until libel,are 7.1. Arty prrdum order reguillnig hm ft solicitation it sub)sat to cancellation without penalty, in or construed and Interpreted by the law leg �of Taxes.p �as order for this prvoureme Mmes be govettIn A.7 rpeted urhder the laws hN ills 72 8E3T VALUE CT'W2T q FOR pURCtiA8E OF GOODS OR WAVICES-IfVtheh btcDots Noted fn Tease C echo hnhent Code,Title 10,$ubtltla D,Sedan 2155.074 win spedlied a In mi solicitation.rest In a ing ft best vslue award.TAI«section agows TxDOT to cave one �eonsWerad h making a to obtsln goods and services that provide the bear vew for TxDOOT�ard evaluation cilotia for a proarrrmant order In determining bear value,Other relevant!attars may be considered In addition to pundnse pride and wthopm @te Product feels aPadnatlons.Those factors are: • hha Ration cock,the cyde cask: this quality and rtaUabifty of goods and eerviao, y teens, ' indiumrs Of PrababN vendor performance; • cat of OMOO ae tdnhtg associated with a purchase; ' the offset Of a Purchase on agency Pfoduclift,and ' Other factors relevant tO ddannining frost vakre for ft stale in the apt W4 of a Particular purchase. Under pons guktegnes,a vehWOr Is not aihtosnatceppy awarded a Purchase Order shnply bemuse they submit tiro lowest bid response. 7.3. The purchase order is void It void or assigned to another o mpany without ban approval of TxpOT vN Mtan nposarleis but not h than 30 Y address,UftPhone number,am.OW be Provided to 7kDOT as soon as days from the data of change. B. PAYMENT: PsYnwt wig be made In Kcdrdancs with the To=Prompt payment La TGC.Subtltia F, Vendor shag submit two Capin of a hxxted tlanasd brvolas showing Ohs purh:Fhoshs order number, Chapter 2231. and Phone n�b'r on ati ocpiee. TxOOT sera huwr ne Patty for Iqe paynwnt N Payee I.D.,remit to address, fx gO servlas and a Correct invoice.whichever is later. PrymaM le made n 30 days or last from MOTE: Warlrant$will not be issued to a vendor without it current Texas WeMMcamn Number and will be bald by the S1ao COmPtIoeer William M a fax IMbNky. Is. PATENTS OR COPYRIWT8: The vandar Egress to P►cled TxOOT and ft Slate*0011 Claims h M gem*nt Patmt car CDPW t�at�s hold lase and deFtxhd?7d)OT a the !tan tleMns nneg of talent 10. VENDOR AsetpWMEMM, Vendor hereby assign$Purchaser which arise under the ontirnrst lowo of the U dbd Stsfse(73 U.S.�A and all Section 7nat O`se�es associated with this Cal lb ct antitrust is"Of ft Stall of Taxes,Tax.Bus.3 Comm.Code Ann.Sec.13.01,et q. (167). and which«Ass under the solicitation must give saildfatim,number prep OPenlegPola ing data. 'f1��• inquiries peAabdng to thin 1 f. RESPONDENT AMPtUATiON: Signing this eOGoRetion with a false statement hereon �•ponsa a any thereby rxatl sell contracts,and ft respondent sha e removed ftm n solicits t slap vofd the mapandarn BY signature 11.1. The respondent has not given.�trdb' Pedal discount,,tr1 to give at any time hwe for any economic oppaArrnity, ■ubmi teed po till ban, p favor.or service to a puboc servant in connection with the 11.2. Under TGC,TWO 10,Subtlfle D,Section 2155.004.ft respondent«rifts that the$tdlNdua,or bwinea■entry now in iftis response k eligible to recalhre the hhpectllad contract and acknowledges and/or Peymerrt hvghheW K this aerfffkaepn h Ino=wj te, °Nh'�pee Cher 1fNe rmntrad may be!*I.. rhatsd 4-10 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 32/38 Revised:August 2003• 11-3. Neither the reWmdant nor tha lion,oorporaft%pannership or Inseltunan represented by IFS reaDandeM.0 anyone ng oorponftn or Institution hog vlolatsd the antitrust laws o/this @tats,oodf0ed In Sam i9.01,ne seq„Texas&jWn*"a Code,or the FKW*Antitrust Laws,nor communkefed diredty ti Indirectly,the SosdtAfion made to• CO Any other person engaged in such One of cuirass. At 11.4. has not reeetvad compensation for Participation In the preparation of the opvoMfatlon for this 11.5. Under TGC,Tft 5,Subft D,Sacilan 231,000,Fame Code rMatln artily named In this solicitation N 9111 to reaehm the Spedfled g to ofrid support),the IndhAduN or Duskesa fennineted end payment may be wtihfheid N 11112 Owlificadon is Insoor tint advuowledges that this contract may be 11,6. tender Section 66Q.o03 of de Texas Gmmmmant Code,TxDOT may not smor into a coo 1111 wkh an IndlNdwl who was the MOCU eve dkector of TXDOT duMrg the four years before to date of the Contreci,or wllh anyone who employs A oz Mil or former TxDOT OWCUthns director,unless the Transportatiah Commission approves the contract in an open N meeting If Section 869,003 apples,respondent must prOYtde the fOIW**g kmfartnatlpn as On adladlmanl to this aolleMauon response:Nome of former TxDOT onscut ve dlroctor,data of separation iron TxDOT,position w4h respondent,and date O(employment with respondent, 11.7. The rssporwe bdudee @e names aunt SodAl Security Numbers of each the business entity submNtbtg the response. onderf� Person with a Imbm m of 25yi oAmsral11p of Centralized Master Bidders List have$atbeedisrequhame�nt. it nop pro- InforT"atbr►on the TBPC Security Numbers on the face of the soltottntton reeponsa. P 9 provide the names and Social 11.8. Responded @f� Pay�nls due under this contract wn be applied towards any debt,hlduding but not limited to Support arse Is owed to the Slate of Texas. "-a, Respondent apraas pro comply with TGC.TIW 10,Subtitle 0,Section 2155A"I,Pertaining to service contract use of products produced In eha stato of Texas. i 1.10. Responds"oar"Nis Chet the responding erMly Grid Its Prindpvls ere aegibre M not been PorOalipsis In this transaction and have bvemmental to NuAW ion,deeamwnt.or Aimllar NaegbEly debmhkwd by any federal,stets or tocsl 9 artily and that Respondent b b cotnptiumee vM the State of Texas atatutss and rubs r&Wkg to procurement and that Respondent Is not sorted on to fe iaral go Me a tarroulam watt Nt so described In Executive Order 13224,. Entities IW%ibte for fedsrel prccurarrfant are listed at 12. BUBWNTRACTING ftEQtRREISENTS: In 90(lordans MAth Texas 00vemr Orld Code.Tft 10,Subtitle D.Sedlorw 2161.161-182 and Texas AdminkdraWv Code(TAC).Thiel.Sedan 111.11 and pursuant to @e Texax BuN0ing and Promalrnrrfent Comnflsslon�s(TBPC)FIUB Rutea,TAC,Title 1,Section 111.f 3 and 111.14,all state ageneka ermterkg into e cor*vctwNh so"at vd value c $100,OW or m ore 111114,bebre the aaney sore bids,proposao o th eAppabl ressions cf kareat detsrnlne if M Is ProbabN for subcontracting opporka""under , ers,or. If tie contract OWrDmftles are Probable the state agancy will 111445 such Probability,h its bids,proposaN,offers,or other Applicable op Intel Pion((l�". ThTheHSP f reot arfd regWro the subnMeeion of A"statically Lindsnatlized&atMwss(HUB)Subcontracting cesptsbb to the Agency,wB be a provision of the contract, TM MSP,If required,may be found at 13, RESPONDENT&XCEPnONS OR CONDMON90 RESPONSES:Respondent exceptions and/or terms candlgora attached to o response will not be rmrhsldered unless apadllatiy refined to and dearly Identified ss such within the response. ROTE: such Oxoeptlorta and/or tenme and eh ndrdons may result to dlsgealMeeman of the response(e.g.response the Im"of a stM other gun Texas,requirements for propsymaft,Ilmtbyons on remedies,etc.). nsapo 14. DISPUTE RESOLUTION: TxOOT has established s dlsputs revolution Process under 43 TAC 19.1 to attempt to resolve ant disputes that may arise between the department Arid the vendor under arty pwohaee order►esuMV from rhle Solicitation. The repute resolution preWSe Provided for In TOC.T*o 10,SlAd*F,Chaplar 2260 must be used by TxDOT and the vendor to Attempt to rvsoivs all disputes arts"g under this contract 15. VENUE AND JURISDICTION.Van"for any at concernkV dhls proanen ent and be In a am,�u" order shaft court Of C"Pal tent Jurisdiction In Travis County,Texas 16. VENDOR PERFORMANCE; Vendors are advised vial Psrfomwme wis be reported b the TSPC. In accordance wtih TGC, TWO 10,Subtitle D,Chapters 2155-074 and 2195.075,vendor perfonnanas may be feed as a factor M tie award of a ruture solldtollon, 5-10 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 33/38 Rented:August 2t)OS- f Y. VENDOR REBIONi1f9f1,IT1Eg 17.1. The render sham comply with am federal,stab.and local lrwa, , onus and decrees of any court or adnh4hlsbel�bodies or blbunM�in any aj r.'hide elms nr9lAatlons,and gel the auhdroreguismahs,and IlcerrtnN jaw w °omPaneatlan laws.mh*wmmaand m Salary d wage statuteg thr0Zoa to term of the pu►Chaw Order.When en raquhd,the wndor ANN Armis►hTi OTl M� loo etc. oomhp4nnd. ry Proo/of im 17.2. The WIN r sham be reepmhsfbfo for damage to TxDOTs�wiprraM,orWor the wo wplaa and Its contents,by ms work, and h health of hs work.Its Parsorvhsl,or gs evufpmert. The vendor shall be 2sponstbte and Nebfs for the safety,Injury, -V"personnel whore Aa employees are perform"work for TxOoT. 17.3. The vendor shag provide AN labor end equipment necessary to furnish t1e of the slender sham be a minimum of 17 years Of ape and stg wbrooed In this or perform the arior service. AA errhployees wlvsi,husbands.ditm or other relatives of ft vendors a y'Ps Of work to be pemlbnned, No visitors, hours,union they are bona Ads rnpioyaoz of the vendor. As will be allowed on slate property du n%workkp 17.4. The vendor shah atom limas here a minimum of ores Eng,01.44 oeklny emWoyss on the Job.AN emnWcyees shah be vm"rcomsd and appropristely dressed when on TxDOT property 18. DAMAGE CLAIMS:The vendor ehsll detand.Indemnity,and hate hanmiass the ataIs of Tsurea am of gs oeiotfs,egenq and BMPI"s from and against all claims,acdwW sums,demands,proceedings coatB damages,end N t Offic aActhg out an connected oAtn,or rewMirq from any ads or onWabn:of oonuador a curb OW In tits eaeraAion or perforrnanra of gas co trael. any agerht,employee,rufheentredar,OrauppN or of 19• ABANDOKMWT OR DEFAULT: If the vendor dotwrts an the purchase anger.TxDOT van �right to canosi tta purchase order wlph0ut nogoe and sgher re-aonCt or rwawud tin punches&OWW to gin next 1oweN�pOrlslve and 601101 Oohs respondent The eeieukkq vendor wro not bs oonstdared fm gel ro•sOlM241on and may not be considered in tuiume soNdtatlona�r its acme type of work unites to swdmo&ton or amps Of work b signifoo ngy Changed. 20- FORCE MMEURE UDOT may grant remsf from perTormanco of the perfonhanoe by an act of ww,order of bpi authority,ad of cos,or other n&N ldoble rxaw&venot etbWuh bodtt taraifd not Of the vendor. The burden Of proof Ibr the need of such relief WON rest upon the vends•. To obtain release based or on form mmo)surs.the vrrdor shag Ale a wrtllen nxMw with TxD0T, 21. FWKT TO AUDIT 21-1. The stab auditor may oonduA on audit or:Hettg&tton of any entity rec MM funds Anm ofa0s dlredly radar this P�1304 order or Ind4adty through a subcontract under 1f ti Dur+d►oee ardor. Purhy+ae order or Nhelregty through a subccnt06C under this rep of funds directly under this slats audtor,under the direction of ft toglaistin rucift cdereltte kh order ads p accepts of the aulhorrty of the whh fhoae AMA. Any ongdy subjed of on audit or lrwescOmm by the on mud for egress to provldm In stole auditor with access d any Information the stet@ auditor considers 0610421111 to the invastpadon or audit 212. TXDOT has the right to audit the vendor&books and records portainkng to the service during ft*110M of the normal workdsy, 22. EXTEN510N OF PURCHASE ORDER 221• A e mdhw order N its Anal renewal period may be further extended for a Period up to 90 days at the op of Tzpprr, The renewed Purchase Order shah be for the origlnai p11ee,te►rrhe and mrhdtmonr,and any approved chertoes- 22.2- TzDOT reserves gte rigid tD exmnd a purchase ddtr for tie raquIrmnants. orgabf pant the std term to allow the vendor to C lot& 23. SrfE VtifT'9: Prtor to ache e}ter award of the ptaohrre order,designated TkOtn 06prssentatlrss may hbrmud unannounced visits to inspect the TxDOT s facAmy euAng normal business►gums to v1t111 one IrNped the tativas may co mentor announced In accordance wltl TxDOT ePedflC&11°ns or�cY out Dertarmr+nos&udks a the service at any time du►Ing normal buaNhass boon. 24. C spec"' ng ho public Wo m TxDOT to released.arr,ed by laws and regulations'he'mice Certain lnfOmUrkn cor"IdenNel as well To*x00 sT business to& RaKy�wltlhohA rho prior wrltlan or and Its employees stall not divulge shy Information retatve to Approval of TxDOT- Q—f0 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 34/38 Rs+ANtl:August 2006' 25. COPYIUGNT: Mw•PPncabb.each vwmw shag abtaln neo•Nary wpyriglb for Tg=. NO vendor alraN NNR rlBhls at common law or in squily or aMbyh any dWm to the pndaew authWbM. TxDOT has the right b use uaf aht any maetal or h►for,nallon developed In portmianoe of dlellbute w"houl the nacmwlty Of obtslnbng any Pat Ion itorrr the wanow and wMW @ are of wash Inrorma6on and o1hK materials xpanss and dxarpa. F aER1ACFe X sciRlc TERiIa AND f. GENERAL: The following applies to a ao*§#mt for rise those in Part I. fk+rd aaa of wrw1o", These terms and conditions are In addition to t.i. if a ip art t b the NnAet,TxMT r"Or"monds that orb reapondent vlalt the s1M and examine the apace and/or equlprrrent b be wrnAcad. 1.2. The re ndent s that Rhy anvrmhb tlbN specifications and.N necessary.smn additions►I �be roquWO to a close and fun understanding of the work, ^brmadon acm the 1.3. If products and/or they am S s are UAW in to Performance of the aeMoe,the wwrdor shag buy Tom products and/or nratsrle4 when sus avrWe of a cornpamble price and dolhrery scheduls. 2. COMPETENCE Of VENDOR to be artaued to conWgrstion,the vendor shag hove avaaable,the hnclgMOe to AM OR the services required under the purcim"order. Only pwrwaunal trained es of# ry orQanwragon and se�under and for the Purohab order. vendor shah obtain an 11osnN saMme of this type shell be Y slpexmgs nqutrad for tits parlor type of the 3. INDINO iCAT10N: n Is axprwssly understood and agreed 10 by both parties that TWOT is contra an Independent y and all Or,and the vendor,as suer,Somas to hold TxmOT harmless and to lndemn �wHh the vendor in l any age eg dolma,demends and ekmm Of aelan of every fdnd and charocler whim Tkby o W employers surd of f subcontractor of ties vwwor out of or in oor91900on whh the aetMlfsa Performed the vendor �irppT yn or undoatards and silicas leaf Individuals performing anrtoss are not#tats employees. 4. C vendor. IN MfCRK: NTxtDOT tlelwmas k neoawery fo ra4uke cortsdlons m osrePlate work tlua srrons made by the vendor,the vendor wag oomsd the work at no additional Coal to TxDOT. tfTxD to requtrws 6 work d In to approved and completed work,the vendor shall make suer changes as dlrstled by TWOT and wn► s changes too srrdr at the I same rants Ngrblhhed by such wsndor's hourly retse. 5. OWNER11NIP OF MATEMAL3.PfbDDUCTIDtq,AND DOCUMENT3 5.1. All PWPwty dgfrta,Irrchm nil"Ncatbn ffghdk to ail products develo Pad hereunder corn be rrsginatl by TkDpT 5.2. bbndor shag a mm that dupiioatbn end distribution rights are seamed far TxDOT from ail contractors and wboorNrsclors, 5.3. ��o� p,af krtlwldwls ar�rogars apprrirp or deplcMd in print,vldeoyDas,or audlWepse nave consent and have bean compensated by each vendor for their appearance.H appropriate. B. INTELLECTUAL PROPERTY:The wwndor wall obtain all necessary,Pormlesione, a wendor shall not aa#sn'W*al common law or in eqully or eebrWlsh any dmm l0 i aeduaf and trademarks far TxDOT. The tD•any COPyr!"or trademarks for any gist or inrormatlon developed M Pe iormanow of the hY.trxcludlrtp'but not Nmitad vent own an rights,Including,but not limned to,the right is use.nsproduou,or dh*ibL to Nn►loa1 autttorked. TXOOT "Wats wMNA the necessity of oblalNng Permkslon from the vendor and without exper/iae ansuch o I^�a4x►and ofhw charge. 7. REHfEN►AL OF sEftViCES; 7.1. The Pose order may be renewed for UP la two addlgonsl provided both parties agree In""'UM to do wo prior to the periods of there,or as ooh der. sts fed to the sorptadon, ar�iratbn of the purcfnasa order. 7 2, TxDOT requNas•vendor to P�de wf ift or Mast h wrMinp set a lima only extension of a purr2►ase order per P•r•O mph 22 above. TXD0T will B. CANCELLATION: The Purchase ogler may be cancelled.wthout Penalty by skhK party by Priding 30 days nwrkten notice m dxa alter in Party. the Txd7OT win pay the . er the ion u d arrkr Price PrOraled for saoeptable service Dsrformad up to the daft that Pt has 1�d Poe of arnceft on. Termination n reAAr0 any bps al ih8" dews the vendor of any obgpwtlon or agbiiity th's Prior N 4tnowgafren. The y She of unused Pr•Paid funds. I7-10 03/05/2010 15:30 8178421710 INTERCON ENUIRO PAGE 35/38 Ravtssd:August 2005, 9. PAYMENT: PAY rrn9 wil be mesa In accordance with Part i.Para.a using pna pe barb methods as s solfdtation_ Pained on the 9.1. The""Ace was completed b the■allocation o1 TxDOT,and wfWn 30 dsys 1Mm romp'of a correct'Inwlow or Wlting staismar t 9.2. On a montiuy basis and within 30 days from ree@ipt or a mmm,imoics or bftq staternart 9.3. As gV*rwla staled in the ICSdOM at on the 58101101110M documenL 1d. INSURANCE: Prior to boothning work,the vendor shay 20.102 or Form 1 NO or Form 1660 (only TxDOT kx ms c Pete)pAM1 a t laud TAT G Included as a Additional Insured D Endorse "Oin9 the below llated co of Insurance Form y "regret to Poticlas Issued for covsrsge Isted In 10.3 and 10.4. . TxDOT shati be The vendor ahaR ntrMgtn on rsqulrsd Insurance eaysrapo throrghoat#W teem of the purehr.e n ' i Moll pravlde a �TxDQT Insurance form ash Nn1a its Irauranas b ran Pror^Phlr r""be aua. The vendor for dMeongnuaece of the want and pre aYYad or upd@OW. Fagars to provide,this Waiver of Sub oWkftrr of the pumhaac order. dddA Wm heT venom shun pay t�d&h ccole shoo be u a Part a Osch policy for owarags pfd.TXDOT wo uow F1vVufW'neurone@ oovsregs Is spadfied on Rte sOdfation 10.1. MIORKER6'COMiPENS/ITION INSURANCE: Amount-Statutory.Ts=e 10.1.1. Wbrkere'Comr�orKlbie fartfoth Fcdsrsl crW State Unsmpbynrant Insure wi tholding ro9uPa mm� a e@wnpe. ►rYndor shoo comply wMh alt tadsra►=wage p tax ftmdsrd Iowa erred 702. ACCID91frWOURAME. This is acppmbis,In tlau of 1Nbrkars'Campsnsapan Insurance.for servle@s that are NOT Provided an the highway tght of way,and are NOT bullding or coruhucLbn+endow. The mx=seful bidder sltali notlfy Required oovarope shoo bebe�NxdwNka of w bNowNp IYPe of Insurance and rsqusst the oPAroDAatl Fenn 1950. • 3100,000 Ib medical a►pm",end coverage for at least 104 weeks, • waeb when oompainaf g for OW bas be •70%of employaeti or*4r*uy Income for+wt less Than 104 • 5500 for rnasdmum weakly banaffi. 10.3. GENERAL L UBIIiTY NSURANCE aD� Bodily Irouey/Property Damage oech oanrtsnob and In the 10.3.1. $325,000 OR 10.3.2. $16o,0o0 10.4_ TEXAS OUNUM AUTOMOBILE POLICY 10.4.1. Amourna_Bodiy $100,000 each parson 5300,000 each office 10.4.2. PrnPerty Damage S 26,000 each occun"ce 8-14 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 36/38 Revised:August 2otks• ENtT 1- GEERAt The b -I Mrwww g ahns one oorudklphe a Wndor{CisV)Catalog Porch pply to solldta5ahe Advertised under the Cate Systems These Berms and eonditlorw MV seta those in GSV a 10,SubtlNe q,9ecnon ZtB and T9pC mule aTAC 113,19. ap"Mue. CalaloO and ate M sddlaon tp flow k►Part I and Pan 11 as 2. 09FINITI0NS 2.1, REQUEST FOR OFFER(for This Ilan Is iasd lo Wanay a aoAdEsacn laausd to a CISV In order to obtain an offer and fidamm rhegotlatons for paces,mrnns an0 conditlona aeoegh the CAW%ptrrc heskhg Program. z.2. CArAI.Oti INFORMATION SYSTEM VENDOR(Cray). A vendor that is compaant WM TePC'e URL nmgdratnw to !bled of bib lDnc ++.,. ...,,U. .. f�ducfs andlor se we m*%bb a 106 in the stab of Texas phvwide•utomemd 4ibrrrnatlon ayalems(AM)type 2.3. REST VALUE: The'west-Brag cost for Automated Irdormatlon system(AIS)equipment or services wgl be eased Cris the ltoaowing factors 4hduding,but not Amimd to: ' pwftso price compatlblaty to fadRate exchange of eudating dam prPaOtly for expardon and upgrading to more advar"d Wale of technology • quanttove reliability factors • liml of training requked b brft and-users to a stated ravel of proadenmp to rdws+l support regdremenb br mainterNnoe of data across•network pmtfam and managairmi or the rMlworks hardware and software adapted with applosble D"011nartt of IrtA m tbn Res"oss(DIR)*Mwide standards validated!by criteria opted by the department by rule TAC(1 TAC 119,0). 3. VENDOR REQUIREMENTS, Vendors That an not apptosed CISV,may respond 1D the RFD, ust 9k C43V ably and vendor GheA be An Approved CISV no icier Mtarh the dots TxDOT awards•purrh�ose orda yo�dmora may cheek gWr status with the T13PC by htiRng 512463.34sg or at Mtal .. Allm 4. BUT VALUE CRITERIA: Sect value eritai will bit used on r Cara value avallabie,T%D0T wit consider awns,features,etc,whch ere r'addtton b .For Purposes of dateanin Ing 1*be N GOTl T opinion,add valeta to Oise ptoduc�ervice but an not apKocay,mqt*d speot joatlan t2�Bch, s. NEA0T'IA1'I0Ns I 5.1. Ne111000 one for'beat vsbA*wR ooar WM Cate vandohs,Inaload of maldn coley on the Pubaohad Prl�,tIlm and Comdr�in the Camlops. 0 sebhifona for goose and sarvlesa bawd 52. During the rAwadon phase,T%DQT neaarves the tight Io Conduct format Judged to be the beat Offer pan""10 phfoO,products,saryte"am�Vona with Mrs nat>oraive respendent(s) 5.3. TkDOT wig be ft Gale judge as to which offer 4 f to Isoet _ adwa+tapaoths and In due beef'cereal ofTxDDT. 6 conrrecdw with the pur�a CLAUSE;n sutomamd Mbnna�ra c�a a n'hry nor be experxled In I roloenp fo acoeselbfBy by pereons with usual yalehn unl"a that system now certain atelulo m QepanmOm of Tq pal oWwda*. Amxdklgly,the Vendor repmsenta and wam"s to UN Tax" either by virtue of featurheealnduded wltYn t Dreamed to the Tex"De"rbhrent of Tranapahtaaon for purchase b aspabk, tadmhorogy or because b is readgy adapmble by use wgh oOw l X:hrholo0Y,of: 8.t. providing equivalent ecosas for of tide use by both vfsual and norrvisval sheens; 8.2. pre+entlng rn+brhnatfan,fndudkhg Prompts„ for Irrleradine comrrhunicatlap,in romham intended for non-NSUei use; and being Integrated fate netwoflts for obtaining,retrieving.and diesernbu g Inforrnaaon used by Indlvmuals who are not bond or v4uay,impaked. 1 0-10 03/05/2010 15: 30 8178421710 INTERCON ENVIRO PAGE 37/38 1trtssd:Aupuse Zoos• 6.4. For purpasw of this MWmQr .tfrs phrsss�agylys •rrredns a wbsbno@(Iy sknear abenY b aDnxnurr with a""0'usa of the tedmotopy.amsr a envy by e)shaas lnduds no stsls orate wt Examples of m abM s000mmoa.oUoni under Mwkwns Ymsh" r %ftrat tews, by wf�et,4rrt ads mry be lolkld �s02M.nd aotoml;sbia d4pl apprrann•IMs b mouN oommsnds and oMur means of nwlpstlna Orsp+iical 8.6. �qurmwd t .d ad an 1� m offhs Texas G*Wmmww Cods.Chapter21p7.oWd)wfwn tM tr p Mrft ss of a wlrabq mercy��P"MM b respond to s pubes satetY arnemancy.bs prov sskm a p»Tom ,�aoess amuse do not Mad by 10-10 03/05/2010 15:30 8178421710 INTERCON ENVIRO PAGE 38/38 • 7trgf - °��pnrrfAovi (NVO#C(Na INSRUCTIONa ' 7• 8ubrnit twin�oplae o/Involoe. One COPY Ww he roamed Wkh Vent M pftw by Stage Warrant, 2. 3ubrr*II�nvvoieg(s)b ft d•p� show To WMICE �Aw W*��H 6"�of the plydmLso�,�y,^� 3. 4Mios must show&#of"Rolinw ; I� r AY Vsndor'nsrtw as ePPeers on the posy order • R&F*1b sddrose • Vendor Federal I.D.(Tax ID)or pey'�'W'WIIWW-Iber(M) • Purdra•e order m nitro-NAAtDATtWy • T ow number • "w"Oft r K appears on the Mcgum fhm^" rnrnt Corraeporrd with o �on Vurdrees order, • V*�q�a� Wwduft •xW�Artie of espy!� . • Grand Tool ShkMM daft Of Mftftndbe or daft ofaq e "eyrm- floc"Wahsndlao oryarylgs wxrrwft or by ,,,t aPeslt lfrom the�TT --wPwvP taled funds Is mrada by �per�neber!,1n�t�a1PvW hwaa pM�nad NiOd Of Psy mad ow*ft woom, T�4ubad b me Dlrsot rarnittsnee advlos sen!b dderke m h1 fo IMbnrryon . �ond"MM,of pMrtents. this addendum Infornrad�Will be ndam (�°-0-d Tow(gyp number to saslat In i Freed 1lhgpp