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Home My WebLink AboutContract 40152CITY SECRETARY&\ c::: ::\ CONTRACT NO. ___ ~--....;~- CONTRACT Between CITY OF FORT WORTH and MIDWEST WRECKING CO. OF TEXAS, INC. For Structural Demolition and Removal, Transportation and Disposal of Asbestos Contaminated Materials DEM 10-01: NPD #6 Environmental Management Department March 2010 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/26/2010 DATE: Tuesday , January 26 , 2010 REFERENCE NO.: **C-24038 LOG NAME: 52NPD 6 -1100 NASHVILLE ASBESTOS REMOVAL & DEMO SUBJECT: Authorize the Execution of a Contract with Midwest Wrecking Company of Texas , Inc., for Asbestos Removal and Demolition of the Existing Nashville Neighborhood Policing District No. 6 Building at 1100 Nashville Avenue in the Amount of $34 ,085 .00 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Midwest Wrecking Company of Texas , Inc ., for asbestos removal and demolition of the existing Nashville Neighborhood Policing District No . 6 building at 1100 Nashville Avenue in the amount of $34 ,085 .00 . DISCUSSION: The existing Nashville Neighborhood Policing District No . 6 (NPD No. 6) offices located at 1100 Nashville Avenue , houses the Traffic Division and NPD No . 6 for the Police Department. The existing facility is a former bank building that was purchased by the City in 1969. Due to its condition, environmental considerations and the space planning concerns of a growing Police Department, the current building is being demolished i n order to provide adequate parking for the newly constructed NPD facility . An invitation to bid was advertised in the Fort Worth Star-Telegram on October 18 , 2009 , and October 20 , 2009 . The following firms submitted bids on November 12, 2009 : • A & R Demolition • Cactus Systems , Inc. • CARES • CST Environmental , LP • Eagle Construction and Environmental Services , LLC • EW Wells Group • Garrett Demolition and Excavation • lntercon Demolition • lntercon Environmental , Inc . • Midwest Wrecking Company of Texas , Inc. • North Star Abatement • Precision Demolition , LLC • Robles Service Group • Total Demolition , Inc. The bids were evaluated based on a pre-determined combination of qual itative and quantitative (bid point) measures. These measures included but were not limited to the evaluation of previous work experience , qualifications of personnel, contractor capabilities, cost and subcontractors. Based on the total point distribution of the pre-determined measures , Midwest Wrecking Company of Texas, Inc ., met all the requirements with a bid of $34,085 .00 . Midwest Wrecking Company of Texas, lnc.'s , bid was also the lowest bid submitted. Midwest Wrecking Company of Texas , Inc., is in compliance with the City's M/WBE ord inance by committing to 38 percent M/WBE participation on this project. The City' s goal on this project is 10 percent. . ~ ... .. The Environmental Management Department will oversee this asbestos removal and demolition project for the Transportation and Public Works Department. Work on the asbestos removal and demolition project is expected to begin in February 2010 . The project is physically located in COUNCIL DISTRICT 8 but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that funds are available, as appropriated, of the 2007 Critical Capital Projects Fund and the Environmental Management Project Fund . FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 52NPD 6 -1100 NASHVILLE Map .pdf (Public) 2. Accounting lnfo.Rdf (CFW Internal) 3. FUNDING .pdf (CFW Internal) FROM Fund/Account/Centers C295 539110 208090023880 R101 539410 052201005000 Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569) 4 . MWBE Compliance Memo -DEM 09-05 NPD 6.pdf (CFW Internal) 5. NPD 6 Funding Transfer.pdf (CFW Internal) $19 ,840.00 $14,2 4 5.00 ST ATE OF TEXAS COUNTY OF TARRANT § § § KNOWN ALL BY THESE PRESENTS CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL, TRANSPORTATION AND DISPOSAL OF ASBESTOS CONTAMINATED MATERIALS NASHVILLE NEIGHBORHOOD POLICING DISTRICT #6 BUILDING DEM 10-01 :NPD #6 This Contract is entered into by and between the City of Fort Worth, Texas , a home-rule municipality located within Tarrant County Texas, ("City") acting through Fernando Costa, its duly authorized Assistant City Manager, and Midwest Wrecking Co. of Texas, Inc., a Texas corporation, acting through Brian Choate its duly authorized President ("Contractor"). WHEREAS, the City desires to conduct a project for removal of asbestos containing material and the demolition of certain structures located within 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. WITNESSETH : NOW , THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In th is 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. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWEST WRECKING ,----r-a ge 1 of--2 OFF, ... D CITY SEC ETARY FT. WORTH, TX Asbestos-Containing Material (ACM) shall mean materials or products that contain more than one percent (1.0%) of any kind or combination of asbestos, as determined by Environmental Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal Regulations, (CFR) Part 763, Subpart F and 40 CFR 763 Subpart E, Appendix A. This means anyone material component of a structure. Asbestos Removal shall mean any action that dislodges, strips, or otherwise takes away asbestos containing material (ACM). 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 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. Contractor shall mean Midwest Wrecking Co. of Texas , Inc. Director shall mean the Director of the City of Fort Worth's Environmental Management Department. Invitation to Bid (1TB) shall mean the City's Invitation to Bid DEM 10-01 :NPD #6 incorporated as part of the Contractor's Response to the 1TB. NESHAP shall mean the United States Environmental Protection Agency National Emiss ions Standards for Ha zardous Air Pollutants , as described in Title 40 CFR P a rt 61 . Notice to Proceed means the letter issued by the Ci ty that authorizes Contractor to begin work. It also authorizes future invoices to be paid . CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWEST WRECKING Page 2 of 21 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 person or company for any task defined in the scope of work . A purchase order is also considered a subcontract. 2. SCOPE OF CONTRACTOR'S SERVICES 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 two- story office building and ancillary structures located at 1100 Nashville Avenue 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 for this project. Removal of Asbestos : 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 Nerghburhood Polrce-E>istrtct-#o-Offtces-:-Al t removen-rrraterials are to be disposed of as asbestos-containing material. All debris generated from removal is to be disposed of as asbestos-containing waste. The following materials are to be removed from the specified areas . (See Attached Asbestos Specifications) ASBESTOS ABATEMENT 3 ,550 SF sheetrock and joint compound (ceilings/walls) 3 ,3 00 SF floor tile /m astic 1,300 SF carpet mastic/linoleum mastic 3,400 SF of wall (surfacing) texture 40 T SI Pip ing Co nnection s CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10 -0 1 -NPD #6 ABATEMENT AND DEMO -MID WEST WRECKIN G OF Cl C TY SECRE ARY I FT. WO TH, TX DEMOLITION • Demolition of NPD#6 Offices including all above grade improvements . • Following demolition and loading of demolition debris then the basement side walls will be demolished to 3 feet below grade . Demolition debris will be removed from basement. • Basement floor will be perforated to allow groundwater to permeate through it. Demolition debris generated from the perforation process will be removed from basement area . • All demolition debris will be removed from the site and recycled or disposed in a landfill accepting such waste. • Demolition activities will be performed in accordance with Federal , State and local visible emission requirements (i.e. no visible emissions will leave the demolition area). Water is available in the vicinity of the construction area . • The work area will be maintained in a manner that will control all demolition debris from becoming windblown and/or migrating from the work area during and after working hours. • Upon completion of the demolition work, the Contractor will obtain a final inspection on the wrecking permit from the Building Inspection Division in the Development Department. (call 2222 to verify) • Upon completion of the entire project, contractor shall sweep dirt and debris from the haat,oute-s-used tcr ensare-any-sediment-tracke-ct from-the-site is· collectect:---- 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A . City shall coordinate with facilities, City departments, and any tenants for access to the site . B. City shall prepare and revise all notifications necessary to the Texas Department of State Health Services Health (TDSHS) for the work provided herein . C. City shall make payment of all applicable TDSHS fees . D. City shall give timely direction to the Contractor. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWEST WRECKING Page 4 of 21 E. City shall render decisions regarding modifications to the Contract and any other issue . 4 . TIME TO COMPLETE THE PROJECT Contractor shall achieve substantial completion of work under this contract within thirty (30) days from receipt of the Notice to Proceed unless an extension of time is granted (in writing) due to inclement weather, any such determination being made in the sole judgment and discretion of the City of Fort Worth. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of the plans, specifications and other Contract Documents , then the Owner shall have the right to either (1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract Documents or (2) to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to Owner shall exceed the contract price or prices set forth in the Contract Documents , the Contractor and/or its surety shall pay Owner upon its demand in a writ ing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 5. INDEPENDENT CONTRACTOR "fhe-City-agrees-to hire eontractor as-arrindependent-contractor,arrc:tnorasarrufficer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees , and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the C ity and Contractor, its officers, agents , employees, and subcontractors ; and the doctrine of respondent superior has no application as between the City and Contractor. 6 . COMPENSATION A . In con s ideration fo r th e work perfo rmed by Con t ractor u nder th is Co nt ra ct , Ci ty sh all pay Con t ractor a su m no t to exc eed t h irt y fou r thousa nd , e ighty fiv e dollars ($34 ,085 .0 0 ) fo r the co mp le t ion of a ll wo rk s pecifi ed in t h is co ntract. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - OEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWEST WRECKING OFFICI Asbestos Removal Phase Cost Thermal System Insulation (40 Fittings) $1 ,540 Carpet/Linoleum Mastic (1 ,300 SF) $1,430 ACM Floor Tile and Mastic $3 ,630 (Approx .-3,300 SF) Sheetrock and Joint Compound $3,905 (Approx. - 3 ,550 SF) Surfacing Texture $3,740 (Approx. -3,400 SF) Abatement Subtotal $14 ,245 Demolition Phase Cost ---------------t-~ NPD#6 Main Office Building $19,840 Demolition Subtotal $19 ,840 B. Th e City s hall not compensate Con t ractor in exc ess of t he Not-t o -Ex ce ed A moun t unless the City ha s exe cuted a writte n, autho rized, and formal Modification to the Contract. It is exp re ssly ag ree d be tween the partie s tha t t here s ha ll be no o ral mod if ic at io ns to this con t rac t. C. Quantities identified in the Invitation to Bid and bid package were estimated quantities only. Prior to submitting a bid , as noted in the Invitation to Bid , the Contractor was re s ponsible for verifying all quantities upon which the CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT AND DEMO -M IDWEST WRECKING Page 6 of 2 1 Contractor's bid was based. The Contractor was to rely exclusively upon its own estimates, investigation, research , tests, and other data necessary to supply the full and complete information upon which the Contractor's bid was based. It is mutually agreed that submission of a bid is prima-facie evidence that the Contractor has made all of the investigations, examinations, and tests required to make a fully informed offer. D. By executing this contract , the Contractor affirms and agrees that the Contractor has had the opportunity and duty to confirm all quantities prior to submitting a bid , and Contractor expressly waives any and all right to additional compensation other than the contract grand total as a result of any discrepancy between the quantities encountered and the estimated quantities in the Invitation to Bid and bid documents. E. The parties intend and agree that any change order or modification to this contract will be in the case of only the most extraordinary of circumstances. Any claims for additional compensation based upon variations between conditions actually encountered in this project and conditions as indicated in the Contract Documents will not be allowed. Any proposed exception will be at the sole discretion of the City and examined by the City in consideration of the terms described herein. The Contractors request for additional compensation must clearly show why the variation was not identifiable prior to the Contractor submitting its bid. As used in this contract, "not identifiable" means that the Contractor a) performed all investigation, research, tests, and other data collection necessary to accurately determine quantities, and b) no reasonably possible investigation, research, tests, or other data collection could have identiftectth-e---variatio ~----------~- F. Upon receipt of final project completion documentation (i.e., Asbestos Close-out Report, applicable waste manifests), final project payments will be approved. Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth. Ten percent (10%) of total project cost will be held back until receipt of final project completion documentation . G . No compensation shall be paid to Contractor for the cost of obtaining and mainta in ing insuran ce , bonds , li censes , and cert ifi cations as requ ired here in , as t hese are consi d ered s ub sidia ry to othe r ite ms for whic h lu mp sum o r un it price s are requested in this Bid . 7 . LIQUIDATED DAMAGES CO N TR A CT FO R STRUCTURA L DEM OLITION A NO A SB ESTOS ABA TE MEN T - DEM 10 -0 1 -NPO #6 ABA TE MEN T ANO DEM O -MIDWEST WR ECK IN G OFi:: Page 7 of 2 1 C TY E RY FT. WORTH, TX 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 substantially 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 . 8 . 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 fa ith 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 environme_ntal requirements pertaining to the wells , and including without limitation : . ., _ a . Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants , contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including , but not limited to , the preparation of any feasibility studies or reports of the performance of any cleanup , remed iation , removal , response , abatement , conta inment , cl osure , restora t ion or monitoring work required by any federal , state or local governmental agen cy o r po litical subdiv ision , or otherwi se exp en ded in connect ion wi t h the existe nce of suc h monitori ng well s or v io lation s o r enviro n me ntal requirem ents , and including w ithout limitation any attorney's fees , costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and CONTRACT FOR STRUCTURAL DEM OLITION AND A SBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABA TEMENT AND DEMO -M ID WEST WRECKI N G Page 8 of 21 c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2 . Environmental requirements shall mean all applicable present and future statutes , regulations , rules, plans , authorizations , concessions, franchises , and similar items , of all governmental agencies , departments, commissions , boards , bureaus , or instrumentalities of the United States , states , and political subdivisions thereof and all applicable judicial , administrative , and regulatory decrees , judgments , and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to , those pertaining to reporting , licensing, em1ss1ons , discharges , releases , or threatened releases of hazardous materials , pollutants, contam inants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature , into the air, surfacewater, groundwater, stormwater, or land , or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants , contaminants, or hazardous or toxic substances , materials , or wastes , whether solid , liquid , or gaseous in nature ; and b. All requirements pertaining to the protection of the health and safety-otemployees-orthe-pablrc:------- B. General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT , WHEN SUCH INJURIES , DEATH , OR DAMAGES ARE 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 CO NTRACT FOR STRUCTURAL DEMOLITION AND ASBES TO S ABATEMENT - DEM 10-0 1 -NPD #6 ABATEMEN T AND DEMO -MIDWEST WRECKING Page 9 of 21 OFFIC .... 0 D CITY$= .... ARY FT. 0 TH, TX OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS , OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Contractor under this paragraph shall include , but not be limited to, the burden and expense of defending all claims , suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless , false , or fraudulent, and conducting all negotiations of any description , and paying and discharging , when and as the same become due , any and all judgments , penalties or other sums due against such indemn ified persons. E. Upon learning of a claim , lawsuit , or other liability which Contractor is required hereunder to indemnify , City shall provide Contractor with reasonable timely notice of same . F. All Contractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. <3-:-lhe--obl igatiuns-orttre-e ontractor ander this-paragraph shalt-su rvi ve-the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. 9. INSURANCE The Contractor certifies it has , at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work , the Contractor sha ll deliver to City, certificates documenting this coverage . The Ci ty may ele ct to have th e Co nt racto r s ub m it it s en t ire polic y fo r inspe ct ion . A. Insurance coverage and li m its : 1. Commerc ial General Liab ili ty Insurance $1 ,000 ,000 each occurrence ; $2 ,000 ,000 aggregate 2 . Profe ssi onal Li ab ility Insura nce CONTRACT FOR STRUCTURAL DEMOLITION ANO ASBESTOS ABATEMENT - DEM 10-01 -NPO #6 ABA TEMENT ANO DEMO -M ID WEST WRECKING Page 10 of 21 Not applicable. 3 . Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000 ,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1 ,000 ,000 bod i ly injury each accident; and $250 ,000 property damage. The named insured and employees of Contractor shall be covered under this policy . The City of Fort Worth shall be named an Additional Insured , as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy . 4 . Worker's Compensation Coverage A: statutory limits Coverage B: $100 ,000 each accident $500 ,000 disease -policy limit $100 ,000 disease -each employee 5. Environmental Impairment Liability (Ell) and/or Pollution Liab_ility $4 ,000 ,000 per occurrence. Ell 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 otheT policytst"- 6 . Asbestos Abatement Insurance $2 ,000,000 each occurrence with no Sunset Clause , if any abatement is to be performed and prior to commencement of such work. B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be del ivered to the City prior to Contractor proceed i ng with the Contract. 1. Ap plicable policies shall be endorsed to name the City an Additional Insured thereon , as its interests may appear. The-term City shall inclu de it s employees , officers , officials , agents , and vol unteers as respects the Contracted services .. 2 . Cert ificate (s ) of Insurance shall document tha t insuran ce co verage spec ified herein are provided under applicable policies documented thereon . CONTRACT FOR STRUCTURAL DEMOLITION AND A SBESTOS ABATEMENT -_P_age 11 of 2 OEM 10-01 -NPD #6 ABATEMENT ANO DE MO -M ID WEST WRECKING OFF D C TY i,i FT. 0 ,H, iX 3. Any failure on part of the City to request required insurance documentation shall not constitute a wa iver of the insurance requirements . 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Risk Management, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions , affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance , any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8 . The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance -premiurrrpayment~ ------------ 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11 . All insurance required above shall be written on an occurrence basis in order to be approved by the City . 12 . Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage , Contractor shall provide C it y with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein , in the event a CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABA TE M ENT AND DEM O -MIDWEST WRECKING Page 12 of 21 subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. 10. 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-)-holcra-certificate of authority from-the United-- States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City , in its sole discretion , will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or wh ich are in terested 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 C ity . 11 . CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-0 1 -NPD #6ABATEMENT AND DEMO -MI DWEST WRECKING OF IC CTY FT 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 th is Contract in a safe, efficient and lawful manner using industry accepted practices , and in full compliance with all applicable state and federal laws governing its activities and is under no restra i nt or order which would prohibit performance of services under this Contract. 12 . DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government , in either its sovereign or contractual capacity, fires , flood, epidemics , quarantine restrictions , strikes , freight embargoes , and unusually severe weather. Contractor affirms a duty to mitigate any delays or damages arising from such causes . B. If Contractor fails to begin work herein provided for within the time specified above , or to complete such work within the time specified above, within the true meaning of this contract , City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City's total costs -exc~eds-t~ costs-as agr eectirr tmrcontr acr cfocum e nts, tile City-may deliver to --- Contractor a written itemized statement of the total excess costs , and Contractor shall reimburse City for such excess costs without delay. C . Alternatively, if at any time during the term of th is 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. All costs and attorneys fees incurred by C ity in the enforcement of any provisio n of th is con trac t shall be pai d by Contractor. D. City ma y termin at e this Cont ra ct wi th o r without cause upon thirty (30) da ys prio r writte n no tic e to Contra ctor, and su c h termina t io n shall be witho ut prej udi ce to any other remedy the C ity may have . In the event of termination , any work in progress will continue to completion unless specified otherwise in the notice of CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABA TEMENT AN D DEMO -MIDWEST WRECKING Page 14 of 21 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. 13. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal , state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold ham,less 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. 14. MODIFICATION No modification of this Contract shall be binding on the Contractor or the City --unle-s-s s-erourirrwrittnganctsigmrctby-trotrrp-artie-s-:-Anycharrgerto-ttre-scope 1of 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 cla im based upon reliance or estoppel as a result of acting or not acting due to an alleged oral c hange to a material term of th is contract from the City, its employees , or agents ; and c ) that it waives an y clai m for compen sati on for work pe rformed bas ed upon an a lle ged oral change to a material term of this contract from the City , its employees , or agents . 15 . RIGHT TO AUDIT City and Contractor agree that , until the expiration of three (3) years after the final payment under this Contract , the City shall have access to and the right to examine any CON TRA C T FO R STRUCTURAL DEM OLITION AND A SBESTOS A BA TEM E N T - DEM 10-0 1 -NPD #6 ABA TE M EN T AND DEM O -MIDWEST WRECK IN G Page 15 of 2 1 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. 16. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Contractor agrees to a minimum M/WBE participation of at least 38% in accordance with its proposal and the aforementioned ordinance. Contractor acknowledges the M/WBE 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. 17. PREVIALING WAGE RATES Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258, with -respecHopayment-of-Prevailing--Wage-Rates-fer-f)ubHe -wer-ks-oomFaets--aAEf -GeRtr-aete-- shall comply with the Davis -Bacon Act for building and construction trades, and shall comply with the prevailing wage requirements as specified in the RFP for the project. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the local ity in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth . Th e contractor w ho is awarded a publi c wor k cont ract, or a subcontractor of th e contractor, s ha ll pay not le ss tha n t he preva ili ng wage rates to a wo rker e m plo yed by it in the execution of the contract. A contractor or subco ntractor 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. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWEST WRECKING Page 16 of 21 This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. 18. NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article Ill 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 -seetion.-------------------- Additionally the Contractor agrees to abide by the provisions of 41 CFR Part 60-1.4(b ). 19. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas , except where preempted by federal law . 20 . S EV ERABILI TY 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 provisio n had never been conta ined in the contract. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT ANO DEMO -MIDWEST WRECKING Page 17 of 2_1 __ _, 21. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant , or any default wh ich 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 , un less such waiver be expressed in writing by the party to be bound . 22. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas. 23. NOTICES Any notices , bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail , postage paid , to the address noted below: If to the-City:- If to the Contractor: Brian Buerner~ Directw--- Environmental Management Department 1000 Throckmorton St. Fort Worth, TX 76102 Brian Choate, President Midwest Wrecking Co. of Texas , Inc. PO Box 161819 Hurst, TX 76161 24 . AS SI G NM E NT The City and Contractor b ind themselves and any successors and assigns to th is contract. Contractor shall not assign , sublet , or transfer its interest in this contract w ithout written consent of the City . Nothing here in shall be construed as creating any CONTRACT F OR STRUCTURAL D EMOLITI ON AND A SBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWEST WRECKING Page 18 of 21 personal liability on the part of any officer or agent of the City , nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. 25. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 26 . CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The 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. 27. ENTIRETY This contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between the specific terms of this contract and any other contract documents, then the terms of this contract shall govern. 28. AUTHORITY AND EXECUTION By s ign ing this contract Contractor warrants that it has had the opportunity 1 ) to examine this contract in its entirety, 2) to have its legal counsel exam ine and explain the content , terms , requirements , and benefits of this contract if Contractor so chooses , and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly CO N TRACT FOR STRUCTURAL DEMOLITION AND A SBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWEST WRECKING ---E.a.ge 19 of 2 1 OFFIC; C CITY sr-RE ARY FT. IVORTH, TX agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. The remainder of this page is left blank intentionally. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - DEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWEST WRECKING Page 20 of 21 SIGNATURE PAGE FOR STRUCTURAL DEMOLITION AND REMOVAL, TRANSPORTATION AND DISPOSAL OF ASBESTOS CONTAMINATED MATERIALS NASHVILLE NEIGHBORHOOD POLICING DISTRICT #6 BUILDING DEM 10 -01 :NPD #6 IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas , on the dates written below . CITY OF FORT WORTH CONTRACTOR Midwest Wrecking Co . of Texas, Inc. BY :J~-BY: ____._fl--=·~'-----"""------ Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: M tl/!fv0,_~ Arthur N. Bashor Assistant City Attorney Brian Choate President CORPORA TE SEAL: CONTRA C T FOR STRUCTURAL DEM OLITION AND A SBESTOS ABATEMENT · DEM 10-01 -NPD #6 ABATEMENT AND DEMO -MIDWE ST WRECKING ................. ~ --. '' "' ' -. ' ~· ... -""' -::,,. ~~ -- =:c-,.. --:-:"' ~-,, ".=. ,,_...... "":::" ;,... ... _ ;-.. ,,. ... ~ -. ,.- ....... _ ~ /,,. ... . CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C .A. Labor Code §406 .96 (2000), as amended , Contractor certifies that it provides workers ' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project DEM 10-01 : NPD#6 . STATE OF TEXAS COUNTY OF TARRANT CONTRACTOR MIDWEST WRECKING CO. OF TEXAS, INC. By :~Q_.d--__ _ Title § § § D.. . Before me , the undersigned authority, on this day personally appeared ,~nQ-.D C nm,_\\.g_ , known to me to be the person whose name is subscribed to the foregoing_~nstrument , and acknowl~dgec:l to me that he executed the same as the act and deed of \\\\ ~~\. · 'f~ C ~ ti"\! for the purposes and considerat ion therein expressed and i the capacity therein stated . Given Under My Hand and Seal of Office this y of U~ \ , 20 \D . THE STATE OF TEXAS COUNTY OFT ARRANT PAYMENT BOND Bond# 03134 77 KNOW ALL MEN BY THESE PRESENTS : That we , Midwest Wl'ecking Co. of Texas, Inc., hereinafter called Principal and International Fidelity Insurance Company , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Wo1th, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of: Thfrty-foul' thousand, eighty-five ($34,085.00) dollars in lawful money of the United States, to be paid in Fort Wo1th, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the P;;;;ral entered into a certain contract with the City of Fort Wo1th, the Owner, dated the ~day of A · , 20 I 0, a copy of which is hereto attached and made a part hereof, for the provision of: strnctural demolition and l'emoval, transportation and disposal of asbestos contaminated materials designated as Project Number DEM 10-01: NPD #6 a copy of which contract is hereto attached, referred to , and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, trnly and faithfully perfo1m the work in accordance with the plans, specification, and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in mak ing good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tal'rant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunde r or the specifications accompanying the same shall in any wise affect its obligation on th is bond , and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in _3_ Counterparts each one of which shall be deemed an original, this the / 2. day of Apr'a J , 2010! (SEAL) Midwest Wrecking Co. of Texas, Inc. Principal (4) By: ----1.rz-=----=~ d--=------ BRIAN CHOATE, PRESIDENT (Printed Name/Title) P .O. BOX 161819 ADDRESS :e..!HUR==ST~T-=X,__,7'-"6-"-'16~1'-------------;"\••""' CITY /STATE/ZIP ,, ..... "'' -7 1 ... ·.,. ,' ' "" 2425 N. Central Expwy . Ste 470 International Fidelity Insurance Comp ~y -, • (Address) Richardson , TX 75080 ATTEST: -,5 (Surety) §:::, -fl ~ ra:td,Q,QQ (Surety)Sretary By:~J~~- (Attorney-in-Fact) (5) (SEAL) Richard W . Daiker (Printed Attorney-in-Fact) Note : Date of Bond must not be prior to date of Contract (/) Correct name of Contractor (2) A Corporation, a Partnership or and lndMdual, as case may be (3) Correct Name o/Sttrety (4) lf Co11tractor is partnership all Partners should execute bond (SJ A true copy of Power ofAllomey shall be al/ached to bond by A((orney-in -Fact "'-. -• V :.: ,; -:---·-~ .... .1 , -. "" IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may cal.I International Fidelity Insurance Company's toll-free telephone number for information or to make a complaint at: 800-333-4167 You may also write to International Fidelity Insurance Company at: Attn; Claims Department One Newark Center, 20th Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800 .. 252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. i/ t~W'Ell OF .AtrrtoR;NEt r··········· lNTEltNA:Tl@NAE iFl®ElblrtY{·INS~N€E · / HC>ME 0FF1dk: om. NEwAiu8 ci ifr~i iia nt FLooR .. > NEWARK, NEW JERSEY 97}02-j 207\ Rockwall, TX. . ............ •.•... .... .. . . . . . . . . . ............ ·-·· ......................... , .. -~· . . . .. . . . .. . ............. .. .. . . . . . . ............ ): its true and lawful artorney(s)-in-fact to execute, seal and deliver for and. on its behalf as surety, any and all bonds and undertakings, .contracts of indemnity and other writii:igs obligatory ... 1.n the nature ~ereof, which are or may be allowed, required or permitted .. by law ,. stature, rule, regulation, contract or otherwise, a.nd the execution of such mstrilment(s) m pursuance of these presents, shall be as bmding upon the said INTERNATIONAL FIDELITY INSJ)RANCE COMPANY, as fully and amply , to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office . . I This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3 , of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974 . 1 The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority ! I (I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 1 (2) To remove, at any time, any such attorney -in-fact and revoke the authority given. I Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April , 1982 of which the following is a true excerpt : I Now therefore the signatures of such officers and the seal of the Company may be affixed to any such rower of attorney or any certificate relatin J thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sea shall be valid and bindmg upon the Compahy and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with res ect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A .O. 2007. I STATE OF NEW JERSEY County of Essex INTERNATIONAL FIDELITY INSURANCE COMPANY Secretary On this 16th day of October 2007, before me came the indivi.dual who executed the preceding instrument, to me personally known , and, being by me duly sworn, said the he 1s the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURA~CE COMP ANY; that the s . I affixed to said instrument is the Corporate Seal of said Company ; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company . IN TESTIMONY WHEREOF, I have .hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year fust above written . ~,~~' A Not ARY Ptrndc bF NEW JERSEY j I, the ~deriignep b~cer ~f fflTE~;\UONAL FIDE£~1;=~~o~OMPANY.· .. ~o i e::yc::;a:.::::;:::;~·.z :}t ~iomg·~·bp; of .th ¢· Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth iii said Power of Attorney, with the ORIGlt/ALS bN IN THE HOME OFFICE OF SA.IQ COMP AN):, and that the same are correct transcripts thereof, and of the whole of the said originals , ~nd that th e'said Power of Attorney has not been rev:ked and is now in full force and effect , i •r ~'t~lf~~l ,,··•·.. As~istan(Sedt~tary •·,•.··' ·' \ :' -- Initial ~\) ~~---1 2.1 BID DOCUMENT CHECKLIST All Bid Documents, including this Checklist, must be completed in full and submitted in a sealed envelope, in the requested order, to be considered as a responsive submittal. Please initial the upper right-hand corner of each page in this section. Bid Documents Initial if Included 1. Bid Document Checklist ~b 2. Acknowledgement of Receipt of Addenda ~'t> 3. Bid Solicitation ~b 4. Scope of Work ~t) 5. Project Schedule \C-":) 6. Cost Estimation for Asbestos Removal ~ 7. Schedule of Payments ~~ 8. Bonds ~t> 9 . M/WBE Utilization Requirements -~t) 10 . Statement of Residency 'f-t> 11 . Nondiscrimination ¥-t> 12. Prevailing Wage Rates ~l> 13 . Insurance Certificates \l.h 14. Provider's Qualifications and Capabilities \Lb 15 Provider's Experience with Similar Projects ¥-b 16 Provider's Sub-Contractors ~b 17. Contractor's Legal and Compliance History ~ 18 Contractor's Licenses & Certificates ~t> I understand that all of these items will be reviewed, and any items not included may result in my Bid being considered non-responsive. Signature fl ct- Name U-\6.t-l C..\-\-o-. IE Title ~tO Company M,t).,.)~C:.'t"" Wtt.~"-~C? Co. ~ \'wc,\1,.4c.,. Date ~. \ \ 1 "2.CO°\ PROJECT: DEM 10-01 : NPD#6 2-1 Initial ~ b, 2 .2 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA 2.2.1 Check if applicable V The undersigned acknowledges the receipt of the following addenda to the Invitation to Bid , and has attached all addenda following this page . (Add lines if necessary). Addendum Number 1 hlW• lot'Ur29 (Date received) Addendum Number 2 (Date received) Addendum Number 3 (Date received) 2 .2 .2 Check if app licable __ The undersigned acknow ledges the receipt of no addenda to the Invitation to Bid . CONTRACTOR: tt\,t>\N~~ Wtt.&eX:lf.\Ci ec.°"-r", '"'c.· Company Name Address ~.\. \,u11:\~, -r~ 1 \ ~llt:i I City , State , Zip PROJECT: DEM 10-01 : NPD#6 BY : ~~rJ, ~,-e- (pr int or type name of signatory) (S ignatu re) Title (print or type) 2-2 Initial ~b ---- 2.3 BID SOLICITATION The undersigned agrees to furnish the equipment, labor, materials, superintendence, and any other items or seNices necessary for performing the abatement of asbestos- containing material (ACM) and demolition of the two-story office building located at 1100 Nashville Avenue. THE BID SHALL BE HELD FIRM FOR A PERIOD OF 60 DAYS. The undersigned agrees that all work will be conducted in compliance with the most recent revisions of applicable federal , state, and local laws , and the regulations that may have jurisdiction over work being performed . The undersigned agrees to start work upon receipt of the Notice to Proceed . All work shall be in accordance to project schedule and contract cost estimations. CONTRACTOR : M.\ ~~'r \.OQ.~cJH,..l.b Cl:>.°'" -rv:, ,~ . (Company Name) ?o Bo'IC \ lo l Bl °I (Address) f-.\--tA)crt:~·l..-i I "'t ¥ 1 , ~ l u, I (C ity , State , Zip) i\1. S~9· 1o"1-Z.. (Phone) PROJECT: DEM 10-01 : NPD#6 BY : "&12. \-.,(. C., \.\ .. C)6 . .-t ~ (print or type name of signatory) fld- (Signature) ~60 (T itle) 'b\, , SC\ O . °t 5 '?, (.p (FAX) 2-3 Initial ~~ 2.4 SCOPE OF WORK The City of Fort Worth is seeking Bids for the furnishing of all equipment, labor, materials , superintendence , and any other items or services necessary for performing the abatement of asbestos-containing material (ACM) and demolition of the two-story office building and ancillary structures located at 1100 Nashville Avenue . 2.4.1 Removal of Asbestos: 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 Neighborhood Police District #6 Offices. 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. The following materials are to be removed from the specified areas. (See Attached Asbestos Specifications) ASBESTOS ABATEMENT ~ SF-sheetrock and joint compound (ceilings/walls) 3,300 SF floor tile/mastic 1,300 SF carpet mastic/linoleum mastic 3,400 SF of wall texture 40 TSI Piping Connections DEMOLITION I Asbestos NESHAP demolition of NPD#6 Offices 2.4.2 Compliance With Laws: All work must be conducted in compliance with the most recent revisions of applicable federal , state, and local laws , and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the Texas Railroad Commission, the City of Fort Worth and any other entity that may have jurisdiction over work being performed . 2.4.3 City's Tasks : The City of Fort Worth will provide the following for this project: • TDSHS notification preparation and revision ; • Payment of TDSHS notification fees ; and PROJECT: DEM 10-01 : NPD#6 2-4 Initial \t-~ • Contracting with DSHS licensed asbestos consultant for asbestos oversight and project management duties. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to executing the Contract. PROJECT: DEM 10-01 : NPD#6 2-5 Initial ~ b 2.5 PROJECT SCHEDULE Contractors shall provide a project schedule that includes all major tasks for asbestos removal and demolition pursuant to the Scope of Work and Specifications. The project schedule must be submitted with the Bid. Final schedule for all phases of the project will be determined through negotiation between Bidder and City of Fort Worth. INCLUDE A COPY OF THE SCHEDULE FOLLOWING THIS PAGE BOUND WITHIN THE Bid PACKAGE PROJECT: DEM 10-01 : NPD#6 cl~ l~ tt'e(.A Al.Jot..\-~~~ 2-6 Initial ~ ~ 2.6 COST ESTIMATE 2.6.1 Proposed Contract Cost (Asbestos Removal and Demolition): Cost and value is an important element in award of this project. See Section 1 .9 of this 1TB for Bid evaluation criteria . The cost estimates for each line item shall be for all labor, equipment, materials , disposal , and any and all other costs associated with the performance of that line item under this Contract. Asbestos Removal Phase Cost Thermal System Insulation (40 $ .0 Fittings) \,t;4l). -- Carpet/Linoleum Mastic (1,300 LF) $ \, l\,o . ~ ACM Floor Tile and Mastic $ "" (Approx.-3,300 SF) 3. lo,o · -- $ ""° Sheetrock and Joint Compound J, l)os. --(Approx. -3,550 SF) Surfacing Texture $ 3,ll\o.~ (Approx. -3,400 SF) Subtotal $ \1+.:it\s .~ . Demolition Phase Cost $ \C\,i~o . ,• NPD#6 Main Office Building - .o Subtotal Demolition $ \q' ~L\o . - PROJECT: DEM 10-01 : NPD#6 2-7 I I I Project Total $ (Asbestos Abatement + Demolition) No compensation shall be paid to Contractor for the cost of obtaining and maintaining insurance , bonds , licenses , and certifications as required herein , as these are considered subsidiary to other items for which lump sum or unit prices are requested in this Bid . PROJECT: DEM 10-01 : NPD#6 2-8 Initial ¥. b> 2 .7 SCHEDULE OF PAYMENTS Upon receipt of final project completion documentation (i.e ., Asbestos Close-out Report, applicable waste manifests), final project payments will be approved . Final payments will not be approved until project completion documentation has been submitted to and approved by the City of Fort Worth. Ten percent (10%) of total project cost will be held back until receipt of final project completion documentation . PROJECT: DEM 10-01 : NPD#6 2-9 Initial \? t> 2.8 BONDS 2.8.1 Bid Bond Bids must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate, to a maximum of $5 ,000. Alternatively, the City will accept a cashier's check , in said amount , with the City named as payee , to be held in escrow until the successful Contractor signs the project contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The bid bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents within 1 O calendar days after the contract has been awarded . 2.8.2 Payment and Performance Bonds Before beginning the work , the Contracto r 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 acco rdance with the plans , specifications , and contract documents . Contractor must provide the payment and performance bonds, in the amounts and on the conditions required , within 14 calendar days after Notice of Award . 2 .8.3 Requirements for Sureties The bonds shall be issued by a corporate surety duly au t horized 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 requ irements 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 Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City , in its sole discretion , will determine the adequacy of the proof required herein . No sureties will be accepted by the City that are at the t ime in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety ·on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediate ly provide a new surety satisfactory to the City . PROJECT: DEM 10-01 : NPD#6 2-10 Initial ~ t) ATTACH CASHIER'S CHECK OR BID BOND HERE PROJECT: DEM 10-01 : NPD#6 2-11 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Midwest Wrecking Company of Texas, Inc . as Principal, hereinafter called the Principal, and Granite Re, Inc . of Oklahoma City , Oklahoma a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City Of Fort Worth as Obligee, hereinafter called the Obligee, in the sum of Five Per Cent (5%) of the Amount Bid Dollars($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety , bind ourselves , our heirs , executors, adm inistrators , successors and assigns , jointly and severally, firmly by these presents. · WHEREAS , the Principal has submitted a bid for Project: DEM 10-01 : NPD #6 -Asbestos Abatement And Demol iti on Neighborhood Police District #6 NOW, THEREFORE , if the Obligee shall accept the bid of the Pr inci pal and the Principal shall enter into a Contract with tile Obl igee in accordance with the terms of such bid , and give such bond or bonds as may be speci fie d in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof , or in the event of the failure of the Principal to enter such Contract and give such bond or bonds , if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good fai th contract with another party to perform the Work covered by said bid , then this obligation shall be null and void, other wise to remain i n fu:I forco. :~r>d effe ct. Signed and sealed this 12th day of -~~~ (Witnessj AIA DOCUMENT A310 -B1D BOND -AIA ® -FEBRUARY 1970 ED -THE AMERICAN INS TITUTE OF ARCHITECTS , 1735 N.Y . AVE ., N.W., WASHINGTON, D. C. 20006 November 20 09 -(Seal ) Attorney-In -Fact GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Pres ents : That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: W.D. HOWELL JR ., VICK I WILSON , R. BRIAN HOWELL, ROBERT JENSEN , RONALD L. HARRIS ; AUSTIN K. GREENHAW; CLAYTON HOWE LL its true an d lawful Attorney-in-Fact(s) for the following purposes , to wit: To sign its name as surety to, an d to · execute, seal and acknowledge any and all bonds, and to respectivel y do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of w hi ch is hereto annexed and made a part of this Power of Attorney ; and the said GRANITE RE, INC. through us , its Board of Directors, hereby ra t ifi es and ao nfirms al l and whatsoever the said: W.D. HOWELL JR ., VICK I WILSON, R. BRIAN HOWELL, ROBERT JENSEN, RONALD L. HARRIS; AUSTIN K. GREENHAW; CLAYTON HOWELL may lawfu ll y do in the premises by virtue of these presents . In Witness Whereof, the said GRANITE RE , INC. has ca used this instrument to be sealed with its corporate seal , duly attested by t he signatures of its President and Secreta ry/Treasurer, this 9 th day of Ap ril , 2009. STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) Rod~cretary/Treasurer On this 9 th day of April , 2009, before me personally came Kenneth D . Whittington, President of the GRANITE RE , INC. Co pany and dman A . Frates , Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally dul y sworn, said, that they, the said Kenneth D . Whittington and Rodman A. Frates were respe ct ively the President and the Secretaryfnreasurer of the GRANITE RE, INC., the corporation described in and which executed the forego in g Power of Attorney; that they each kn ew the seal of sa id corporation; that the sea l affixed to said Power of Attorney was such .corporate sea l, that it was so fi xe d by order of the Board of Directors of sai d corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, resp ective ly, of the Company. My Commission Ex pires: May 9, 2012 Commission#: 00005708 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERT IFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re , In c. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED , that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate tit les with authority to execute on behalf of the company fide lity and surety bonds and other documents of similar character iss ued by the Company in the course of its business. O n any instrument making or evidencing such appointme nt, the signatures may be affixed by facsimile. On any instrume nt conferring such authority or o n any bond or undertaking of the Company, the seal , or a facsimile thereof, may be impressed or affi xe d or in any other manner reprodu ce d; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking ." IN WITNESS WHEREOF , the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 12th day of November '20---09 .. : ~«-' I ~s, Secretary/T reasurer GROB00-1 2.9 Initial ~ t> MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) UTILIZATION REQUIREMENTS An M/WBE goal of 10% has been established for this project. The Contractor shall make a good faith effort to sub-contract with or purchase supplies from M/WBE firms. The Contractor must meet or exceed the stated goal or submit documentation of a good faith effort for all applicable contracts to permit a determination of compliance with the specifications . (1) An M/WBE Utilization Plan , hereinafter referred to as the utilization plan ; must be submitted with the response to the Invitation to Bids . The utilization plan must detail the steps taken to achieve M/WBE participation including but not limited to firms contacted, type of work discussed , criteria for sub -contractor selection, etc. The utilization plan must address each subcontracting opportunity available that may include professional services , waste transport , courier service , outside printing , equipment suppliers , etc . (2) The utilization plan must also include the point of contact (including name and title) that will be designated as responsible for implementing the utilization plan, reporting on the status of util ization plan , and performing liaison duties to the City as it relates to all M/WBE issues during the contract term. (3) The Contractor may utilize a joint venture arrangement with an M/WBE firm. In a joint venture, the Contractor may count the M/WBE portion of the joint venture toward meeting the utilization plan commitment (i.e ., proposed goal is 40% and joint venture is 20% then separate M/WBE must be used for the remaining 20% not for the entire 40%). If a joint venture is proposed , the Joint Venture Eligibility Form must be completed and submitted . (4) All M/WBE firms must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division and located in the nine county marketplace (Tarrant, Parker, Johnson, Collin , Dallas , Denton , Ellis, Kaufman and Rockwall). For the purpose of determining contract compliance under the M/WBE ordinance, businesses listed as MBE or WBE within the utilization plan must be certified as such prior to a recommendation for award being made to the City Council. If during the course of work under the contract a change of any of the MBE or WBE firms identified in the orig inal utilization plan is needed then a Change Request must be submitted to the City of Fort Worth - M/WBE Office and the change approved by same . (5) All subcontracting and supplier opportunities directly attributed to this Contract from M/WBE firms , inclusive of 1st, 2nd , 3rd tiers , etc. sub-contractors and suppliers may be included in the utilization plan commitment. It is the sole responsibility of the Contractor to report and document all M/WBE participation dollars irrespective of tier level. The Contractor will be given credit toward the M/WBE plan when the M/WBE performs a commercially useful function. The successful Contractor will be required to submit executed contractual agreements (i.e ., Master Service Agreements) or letters of intent prior to receiving the Contract Documents. PROJECT: DEM 10-01 : NPD#6 2-12 Initial ~b (6) M/WBE documentation consist of the Special Instructions To Proposers , the Subcontractor Utilization Form , the Prime Contractor Waiver Form , the Good Faith Effort Form , and the Joint enture Form . Copies follow this section . a. b. C. d . If Contractor equals or xceeds the project goal, they must submit the Subcontractor Utilization Form or the Joint Venture Form . If Contractor does not hi ve subcontracting and/or supplier opportunities , they must submit the Pri e Contractor Wa iver Form. If Contractor has subco tracting and/or supplier opportunities but does not include M/WBE parti ipation in an amount which equals or exceeds the project goal , they mu~ submit the Subcontractor Utilization Form and the Good Faith Effort For and documentation . If Contractor has subcon acting and/or supplier opportunities but does not include any M/WBE pa icipation , they must submit the Subcontractor Utilization Form and the ood Faith Effort Fo rm and documentation . The Good Faith Effort doc mentation shall demonstrate the Contractor's commitment and hones efforts to ut ilize M/WBE(s). The burden of preparing and submittin , the Good Fa ith Effort information is on the Contractor and will be ev luated as part of the responsiveness to the Bid . A Contractor who intention lly and/or knowingly misrepresents facts on the documentation submitted will constitute a bas is for classification as non- responsive and possible dr barment. Complete M/WBE requirements are con t ained in City of Fort Worth ordinance 15530 , Minority and Women Business Enterprisb s . Questions about M/WBE requirements may be directed to the City's M/WBE Busine s Office at 817 .392 .6104 . Check the appropriate box/ boxes: D The following M/WBE document are included in t his Bid submittal , follow ing this page , bound within the response : ~ Subcontractor Utilization D Joint Venture Form D Prime Contractor Waiver arm D Good Faith Effort Form CONTRACTOR: tl\\~e~-r w~~~Co o~1"v, '"'c... Company Name ~t> <co" \\ol~\<=f Address (Signature) hn \-\.Jen\-~ 1 ""\',c 1 , l, <lo I City , State , Zip Title (print or type) PROJECT: DEM 10-01 : NPD#6 2-13 FORT WORTH ----.......---- PRIME COMPANY NAME: PROJECT NAME : City's M/WBE Project Goal: \C> % ATTACHMENT 1A Page 1 of 4 City of Fort Worth Subcontractors/Suppliers Utilization Form Prime's M/WBE Project Utilization : L\\. tD % Check applicable block to describe prime M/\N/DBE NON-M/\N/DBE BID DATE "1ove.W\ ee R.. \ "Z ' "Z.c»1 PROJECT NUMBER ~E.v.A \0 -o, Identify all subcontractors/suppliers you will use on this project Failure to complete this form , in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m . five (5) City business days after bid opening , exclusive of bid opening date, will result in the bid being cons idered non-responsive to bid specifications . The undersigned Offerer agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule , conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant , Parker , Johnson, Collin , Dallas , Denton , Ellis , Kaufman and Rockwall counties . Identify each Tier level. Tier is the level of subcontracting be low the prime contractor , i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2 nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or doing business at the time of bid open i ng within the Marketplace , that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Bus iness Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized , the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators , and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev . 5/30 /03 �• � � � � � � � � � � � . � � � � � � 9 0 � M � � fORTWOR TH ~ Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ \1:., °' so ,o 'Z.\, \ls- o O ATIACHMENT 1A Page 4 of 4 I I TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ )~loss-.o I The Contractor will not make additions , deletions , or substitutions to this certified list wi t hout the prior approva l of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition . Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance . The contractor shall subm it a deta iled explanation of how the requested change /addition or deletion will affect the committed M/WBE goal. If the deta il explanation is not submitted , it w i ll affect the final compliance determination . By affixing a signature to this form , the Offerer further agrees to prov ide , directly to the City upon request , complete and accurate informat ion regarding actual work performed by all subcontractors , including M/W/DBE(s) arrangements submitted with the bid . The Offerer also agrees to allow an audit and/or examination of any books , records and files held by thei r company . The bidder agrees to allow the transmission of interviews with owners , principals , officers , employees and applicable subcontractors/suppliers/contractors part icipating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract , by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating act ion under Federal , State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a dete rmination of an irresponsible Offerer and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name/Title (if different) I 'o\iseC\.1olP-z. / sr 1,scto-<ts3tJ» Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Date Rev . 5/30 /03 Initial \!-t) 2.10 STATEMENT OF RESIDENCY The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE§ 2252 .001 , State or Political Subdivision Contracts for Construction , Supplies, Services ; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation . Failure to provide the required information shall result in your bid being declared non- responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth . For this reason, each bidder is encouraged to complete and return in duplicate , with its bid, the Statement of Residency Form , but in any event, the low bidder shall submit this information within five (5) business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non-responsive , and the second low bidder being considered for award . TEXAS GOVERNMENT CODE § 2252 .001 defines a Texas "resident bidder" as a bidder whose principal place of business * is in the state of Texas , including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252 .001 defines a "Nonresident bidder" as a bidder whose parent company or majority owner does not have its principal place of business* in the state of Texas . Bidder's complete company name : M\C>'-Ve:., Wtl-~~,l'l~ <!:.:> • ~ \'f, lw:.. · State your business address in the space provided below if you are a Texas Resident bidder: ?. o · ~x \ '9Vb \C\ nn+ Wcs'l ~ ,T)( 1 (.Ql lo 1 State your business address in the space provided below if you are a Nonresident bidder: *The State Purchasing and General Services Commission defines Principal Place of Business as follows : Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas , that the business entity o has at least one permanent office located within the State of Texas , from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is subm itted , and o has at least one employee who works in the Texas office Form prepared by : ~,-..,1 C..."'°~~ Name UD Title ~\I. \ \, -t.co'l Date PROJECT: DEM 10-01 : NPD#6 2-14 Initial ¥..~ 2.11 NONDISCRIMINATION All City contractors are required to comply with Chapter 17 , "Human Relations," Article Ill, "Discrimination," Division 3 , "Employment Practices ," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices . Proposer agrees that Proposer, its employees, officers, agents , contractors or subcontractors, have fully complied with all provisions of such Ordinance , and that no employee , part icipant , applicant , contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Proposer, its employees , officers , agents , contractor or subcontractors herein . PROPOSER: lk,Me~'{" WQ:ECX,lt!G, Cc,of.1'v, \IAC.· Company Name Address City , State , Z ip PROJECT: DEM 10 -01 : NPD#6 BY: ~t£.lAtJ ~~T6 (Print or type name of s ignatory) 17.a- (Signature) Title (print or type) 2-15 Initial __ ~-~-- 2.12 PREVAILING WAGE RATES A Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts according to the Fort Worth Chapter of Associated General Contractors (www.Quoin .org) . A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work . A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth . The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth , $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. Th is requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate . The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code , and intends to comply with same in the execution of this project. CONTRACTOR: \U,1.b.,.>e;'t" Wttec.~1iJ& ~ l)i-'fv, la<.· Company Name ~t) ~f)'I( \\D~Q., l'1 Address City, State , Zip PROJECT: DEM 10-01 : NPD#6 BY: ~~\"'1-1. C..,b\-t)~-rG (print or type name of signatory) 17cl- (Signature) Title (print or type) 2-16 Initial -~\L~I\~- City of Fort Worth Building & Construction Trades Prevailinc:1 Wat e Rates For 2008 Classifications Hourly Rates Classifications Hourlv Rates Air Conditioning Mechanic $23.95 Sheetrock Hanqer $13 .37 Air Conditioninq Mechanic Helper $15.00 Sheetrock Hanqer Helper $9.48 Acoustic Ceiling Installer $16 .25 Sprinkler System Installer $20.50 Acoustic Ceilinq Installer Helper $10.53 Sprinkler System Installer Helper $11 .00 Bricklayer/Stone Mason $19 .88 Steel Worker Structural $19 .72 Bricklayer/Stone Mason Helper $10.54 Steel Worker Structural Helper $11.71 Carpenter $19.03 Welder $18 .82 Carpenter Helper $14 .69 Welder Helper $13 .95 Concrete Finisher $14.95 Concrete Finisher Helper $10.09 Concrete Form Builder $15.40 Concrete Form Builder Helper $8 .81 Drvwall Taper $13.00 Drywall Taper Helper $11 .70 Electrician Journevman $23.00 Heavv Eauioment Operators Hourlv Rates Crane , Clamshell , Backhoe , Electrician Helper $16 .51 Derrick, Draqline , Shovel $20 .17 Electronic Technician $23.18 Forklift Operator $13 .33 Electronic Technician Helper $13 .36 Foundation Drill Operator $17 .55 Floor Layer (Carpet) $15.17 Front End Loader Operator $13 .16 Floor Laver (Resilient) $20.72 Truck Driver $17 .17 Floor Laver Helper $13 .72 Glazier $21.92 Glazier Helper $15 .82 Insulator (Pipe) $17.95 Insulator Helper (Pipe) $13.40 Laborer Common $11 .93 Laborer Skilled $14 .98 Lather $18 .60 Lather Helper $11.12 Metal Building Assembler $14 .29 Metal Buildinq Assembler Helper $9 .33 Painter $17.42 Painter Helper $8.00 Pipefitter $20.82 Pipefitter Helper $14 .77 Plasterer $19 .93 Plasterer Helper $14.16 Reinforcinq Steel Setter $12 .50 Roofer $14 .00 Roofer Helper $10 .00 Source is Fort Worth Chapter Sheet Metal Worker $19.45 Associated General Contractors (www.Quoin .org) Sheet Metal Worker Helper $14 .52 01/30/2008 PROJECT: DEM 10-01 : NPD#6 2-17 Initial ~t) 2.13 INSURANCE CERTIFICATES A successful Contractor will be required by the contract to have insurance coverage as detailed below . Contractor must provide Certificates of Insurance in the amounts and for the coverages required to the Environmental Management Department, Administrative Offices, with Contract documents . For bidd ing purposes a COi that meets all of the folioing requirements "for bid purposes only " is acceptable . (a) Insurance coverage and limits : 1. 2 . Commercial General Liability Insurance o $1 ,000,000 each occurrence o $2 ,000 ,000 aggregate Coverage shall include but not be limited to the following : premises/operat ions , independent contractors, products/completed operations , pe rsonal injury , and contractual liab ility . Insurance shall be provided on an occurrence basis , and as comprehensive as the current Insurance Services Office (ISO) policy . Automobile Liability Insurance - A. Coverage on vehicles involved in t he work performed unde r this contract: o $1 ,000 ,000 per accident on a combined single lim it basis or: o $500 ,000 bodily injury each person ; $500 ,000 bodily injury each accident; and $250 ,000 property damage B. Uninsured/Underinsured Motorist: o $20 ,000 bodily injury each pe rson ; $40,000 bodily injury each accident; and$15 ,000 property damage each accident The named insured and employees of Contractor shall be covered under this policy . The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent , as its interests may appear. Liability for damage occurring wh ile loading , unloading and transporting materials collected under the Contract shall be included under this policy . 3. Worker's Compensation - o Cove rage A: statutory limits o Coverage B: $100 ,000 each accident $500 ,000 disease -pol icy limit $100 ,000 disease -each employee Workers ' Compensation and Employers ' Liability coverage with limits consistent w ith statutory benefits outlined in the Texas Workers ' Compensation Act (Art. 8308 -1.01 et seq . Tex . Rev . Civ. Stat.), and min imum policy limits for Employers ' Liability of $100 ,000 each accident/occurrence , $500 ,000 bodily inj ury disease policy lim it and $100 ,000 per disease pe r employee . PROJECT: DEM 10-01 : NPD#6 2-18 Initial ~~ 4. Environmental Impairment Liability (Ell) and/or Pollution Liability - $2,000,000 per occurrence . Ell 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). 5. Asbestos Abatement Insurance -$2 ,000,000 each occurrence with no Sunset Clause . (b) Certificates of insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon , as its interests may appear. The term City shall include its employees , officers, officials , agents , and volunteers as respects the contracted services . 2. Certificate(s) of insurance shall document that insurance coverage specified according to items in section (a) above are provided under applicable policies documented thereon . 3. Any failure on part of the City to request required insurance documentation shall not const itute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellat ion 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 Brian Boerner, Director, Department of Environmental Management, City of Fort Worth , 1000 Throckmorton , Fort Worth , Texas 76102 . 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City ; and , such insurers shall be acceptable to the City in terms of their financial strength and solvency . 6. Deductible lim its , 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. PROJECT: DEM 10-01 : NPD#6 2-19 Initial ¥-t> ~--- 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and , at the City's discretion, the Contractor may be required to provide proof of insurance premium payments . 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions . 10 . The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead . 11 . All insurance required in section (a) above, except for the Professional Liability insurance policy , shall be written on an occurrence basis in order to be approved by the City . 12 . Subcontractors to the Contractor shall be required by the Contractor to maintain the same or 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. FOR PURPOSES OF EVALUATING THIS INVITATION TO BID, PLEASE ATIACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) THAT MEETS THE ABOVE REQUIREMENTS FOLLOWING THIS PAGE AND BOUND WITHIN THE BID PACKAGE. PROJECT: DEM 10-01 : NPD#6 2-20 Initial ~t) 2.14 PROVIDER 'S QUALIFICATIONS and CAPABILITIES 2.14.1 Contractor's Qualifications and Capabilities : Briefly describe Contractor's qualifications and capabilities include available equipment and capabilities . (Maximum 5 pages) Licenses and Certifications : Provide copies of necessary company licenses and certifications required to complete project. • Bidder shall prov ide a copy of their current Texas Sales/Use Tax Certificate . • Bidder shall prov ide a Certificate of Good Standing with the Texas Secretary of States' office . All requested documentation shall follow this page and be bound within the Bid PROJECT: DEM 10-01 : NPD#6 2-21 NAME: CONTRACTOR'S QUALIFICATION STATEMENT Midwest Wrecking Co. of Texas, Inc. P.O. Box 161819 Ft. Worth, Tex as 76161 TELEPHONE: 817.589.7062 FAXSIMILE: 817.590.9536 ELECTRONIC MAIL: Brian@midwestwrecking.net TYPE OF WORK: Commercial & Industrial Demolition/ Interior Selective Demolition ORGANIZATION: Midwest Wrecking Co. of Texas was founded in 1984. We have performed work in the states of Oklahoma, Texas , Kansas, Missouri, Arkansas and Louisiana. CORPORATE STRUCTURE: Date of Incorporation: State of Incorporation: Tax ID number: President: Chief Ex ecutive Officer: April, 7 1986 Tex as 75-2007255 David C . Densmore Brian G . Choate BONDING CAPACITY: $ 3 Million per project,$ 5 million aggregate Bonding limits can be increased as necessary Insurer: Agent: Liberty Surplus Insurance Corp., American Insurance Company, St. Paul Travelers, Texas Mutual Insurance Company David Woods Howell-Stone Insurance 3500 S. Broadway Edmond, Ok 73013 405-341-8330 LIABILITY LIMITS: $ 1 Million Base with $ 20 Million Umbrella Umbrella limits can be increased as necessary BANK REFERENCES: Trinity Bank Attn: Barney Wiley 3500 West Vickery Boulevard Fort Worth, TX 76107 817 .569.7225 UNION STATUS: We are a non-union company KEY PERSONNEL: David C. Densmore President/ Estimator/ Project Manager -1979 Graduate of Oklahoma State University with a degree in Construction Science. -23 years of experience as a demolition estimator and project manager. Brian G. Choate Chief Executive Officer/ Estimator/ Project Manager 1991 Graduate of University of Oklahoma with a degree in Construction Management. 18 years of experience as a demolition estimator and project manager. Jimmy L. Anderson Field Operations Manager 33 years of experience as an operator, estimator and supervisor. 19 years of experience as Texas Field Operations Manager Jeremy Anderson Equipment Operator/Field Superintendent 16 years of experience as an equipment operator 8 years of experience as project superintendent EQUIPMENT LIST: Caterpillar 963 Track Loader (3) Komatsu PC 400 Excavator (1) Caterpillar 330 Excavator (1) Caterpillar 328 Excavator (1) Komatsu 220 Excavator (1) Komatsu 160 Excavator (1) Komatsu WB 140 Excavator (1) Komatsu 27 Excavator (1) Bobcat Skid-Steer Loader (6) Komatsu Skid-Steer Loader (1) Mack Semi-Truck with Demolition End Dump Trailers (14) Various Demolition Attachments , including Hydraulic Hammers, Grapples , Pulverizers and Shears. OTHER MISCELLANEOUS INFORMATION: • Project size has ranged from$ 500.00 to ov er$ 2 ,500 ,000.00 • 2004 volume of business - $ 4.4 million • 2005 volume of business - $ 4 .6 million • 2006 volume of business - $ 7.3 million • 2007 v olume of business - $ 6.7 million • 2008 volume of business - $ 10 million • Average count of full time personnel-30 • 90 % of all work is completed with in-house personnel • Sub-contractors are hired for asbestos & hazardous materials removal. • We have completed sev eral projects which require multiple mobilizations, phasing with other construction trades, selectiv e demolition of occupied spaces and projects with fast-track and critical time schedules . • We have never failed to complete a contract. • We do not have any outstanding or pending TDSHS violations. • We do not have any current or pending liens filed against our corporation. • We have never filed bankruptcy. • We do not have any current or pending lawsuits of any kind against our corp. • We are currently in good standing with the Tex as Comptrollers Office . Certificate of Account Status -Letter of Good Standing ,;_c~ .... imt ~~~ .. 1',1,., ... \. .. TEXAS CoMPTROLLER or PUBLIC AocOUNTS S USAN COMBS •COMPTROLLER• AUSTIN , T EXAS 78774 THE STATE OF TEXAS COUNTY OF TRAVIS October 30 , 2009 CERTIFICATE OF ACCOUNT STATUS Page 1 of 1 I , Susan Combs , Comptroller of Public Accounts of the State of Texas , DO HEREBY CERTIFY that according to the records of this office MIDWEST WRECKING CO., OF TEXAS, INC. is , as of this date , in good standing with this office having no franchise tax reports or payment s due at this t i me . This certificate is valid through the date that the next franchise tax report will be due May 17 , 2010. This certificate does not make a representation as to the status of the entity 's registration , if any , with the Texas Secretary of State . This certificate i s valid for the purpose o f conversion when the converted entity is subject to franchise tax as required by law . This certificate is not valid for any other filing with the Texas Secretary of Stat e. GIVEN UNDER MY HAND AND SEAL OF OFFICE in the City of Au s tin , this 30th day of October 2009 A.O. Susan Combs Texas Comptroller Taxpayer number : 17520072558 File number : 0079252100 Form 05-304 (Rev . 12-07/17) http://ecpa.cpa.state.tx .us /coa/servlet/coa .aoo.coa.CoaLetter 1 ()/1()/?()()Q Initial ---- 2.15 PROVIDER'S EXPERIENCE WITH SIMILAR PROJECTS Bidder shall provide at least four project references similar in scope and size to that of this Solicitation . Each project references shall include the following information: • Company's Name • Name and Title of ContacUProj ect • Email , Phone , and Address of Contact • ContracUProject Value • Brief Description of Service Provided PROJECT: DEM 10-01 : NPD#6 2-22 MIDWEST RECKI~ co. REFERENCES FOR PREVIOUS WORK Contractor: Sierra Vista LP Attn: Deanna Boaz or Michael Mallick 3725 Camp Bowie Blvd Fort Worth, Texas 76107 817.763.0700 dboaz@mallickgroup.com Location: Sierra Vista Apartment Community-Fort Worth, Texas Description: Demolition of 88, two story apartment buildings and removal of all public streets within the 50 acre development. We performed wet demolition under NESHAP guidelines and disposed of all debris as regulated asbestos waste . Amount: $ 1,132,275.00 Contractor: X Landmark LLC -WTW Properties Attn: Cliff Wallum · 810 Hoµston Street Fort Worth, Texas 76102 817 .885 .2429 Cliff_ wallum@xtoenergy.com Location: 200 West ih Street-Fort Worth, Texas Description: Explosives demolition of a 33 story steel frame office building. This was the tallest building ever demolished in the state of Texas and the second tallest building ever imploded. Amount: $ 2,340,000.00 Contractor: Chesapeake Energy Corporation Attn: JeffWeides 6100 N. Western Avenue Oklahoma City, OK 73118 405.767.4719 Jeff. weides@chk.com Location: 2104, 2308, 2314 & 2316 West 7th Street -Fort Worth, Texas 2900 West Seminary -Fort Worth, Texas 2222 West 5th Street -Fort Worth, Texas 3200 West Euless Blvd -Euless, Texas 336 & 425 Greenleaf -Fort Worth, Texas Description: Asbestos abatement, demolition and stabilization of various commercial properties. Amount: $ 2,550,000.00 MIDWEST RECKI~ co. REFERENCES FOR PREVIOUS WORK Contractor: Location: Description: Amount: Contractor: Location: Description: Amount: Linbeck Group Attn.: Patrick Byrnes 691 8th A venue 817 .800.4082 pbymes@linbeck.com Cook Children 's Medical Center -Fort Worth, Texas Demolition of the three story Administrations Building, the five story Easter Seals Building and selective and structural demolition of portions of the hospital campus. $ 696 ,000.00 Dallas County Attn: HKS, Inc . Johnny T. Luttrull, AIA 1919 McKinney Ave Dallas, Texas 75201 214.969.3054 iluttrull @hksinc.com 2355 Stemmons Freeway-Dallas, Texas Demolition of a fifteen ( 15) story reinforced concrete building. $ 920,000.00 Initial ¥,..t) 2.16 PROVIDER'S SUB-CONTRACTOR'S 2.16.1 List of Subcontractors: Complete the following information and submit it with the Bid to permit the City of Fort Worth to more fully evaluate the submittal's quality prior to awarding the contract. Subcontractor's Subcontractor's Subcontractor's Subcontractor's Proposed Tasks Name Address Telephone No. FAX Number on the Project Yo"c.e CcM.~c..c..~ b\l~oi~~o \V\(... ~if"" \2.~ 'b\""1-~e, .. 3100 <a\ 1 ~ '\ct~ -:3\l 0 ~~ClS~ A.~\e~(A. t- IF NECESSARY, PROVIDE MORE SHEETS TO DESCRIBE ADDITIONAL SUBCONTRACTORS . PROJECT: DEM 10-01 : NPD#6 2-23 Certification of Contractor's Legal and Compliance History Complete ONE of the Following Certifications: Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Contractor's, Contractor's officers, Contractor's employees , and Contractor's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted . Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information , the information submitted is, to the best of my knowledge and belief, true , accurate, and complete . I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations . CONTRACTOR: (Company Name) BY: ___________ _ (signature) (title) Certification of NO Legal Action (print or type name of signatory) (date) I certify under penalty of law that the legal and compliance history of Contractor , Contractor's officers , Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted . Based on my inquiry of the person or persons who manage the system , or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers , Contractor's employees, or Contractor's proposed subcontractors within the preceding five years . To the best of my knowledge and belief, this statement is true, accurate, and complete . I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations . (signature) (print or type name of signatory) ~t,\), \ \ t UQ'} (title) (date) PROJECT: DEM 10-01 NPD#6 2.18 PROVIDER'S LICENSES & CERTIFICATES Contractor shall procure all permits and licenses, pay all charges, costs , and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, except for TDSHS notification and fees as specified in Section 2.4 .7 of this Invitation to Bid. The undersigned acknowledges the requirements of this section , and intends to comply with same in the execution of this project. CONTRACTOR: t.\' t)\o,) f:t>,. \0~~4,l~ eo o.C.·w , \t"(. . Company Name Address City , State , Zip PROJECT: DEM 10-01 NPD#6 BY: ~~\t)..,J.. C.., ~6'" (print or type name of signatory) 1]. c.l-- (Signature) Title (print or type) Industrial Hygiene and Safety Technology, Inc. 2235 Keller Way Carrollton , TX 75006 Phone: (972) 478-7415 Fax: (972) 478-7615 http://www.ihst.com Leaders in Quality, Service and Innovation SPECIFICATIONS FOR ASBESTOS ABATEMENT Prepared for: City of Fort Worth Texas Department of Environmental Management 1000 Throckmorton Street Fort Worth, Texas Project: Police District #6 1100 Nashville Avenue Fort Worth, Texas DATE: May 30, 2008 Specifications Prepared by: )(~ /(. fJ/Jf,mtr Tracy K. Bramlett, CIH, CSP TDSHS LICENSE #10-5040 Expiration: 12/31/09 Prepared by: Industrial Hygiene & Safety Technology, Inc. 2235 Keller Way Carrollton, Texas 75006 972-478-7415 TABLE OF CONTENTS Asbestos Abatement Specifications Police District #6 1100 Nashville Avenue Fort Worth, Texas I .I . SUMMARY OF THE WORK ............................................................................................................................... I 1.1.1. CONTRACT DOCUMENTS AND RELATED REQUIREMENTS : ....................................................... 1 1.1.2 . EXTENT OF WORK: .................................................................................................................................. I 1.1.4. CONTRACTORS USE OF PREMISES: .................................................................................................. 3 1.2. DIFFERING SITE CON DITIONS: ....................................................................................................................... 3 1.3. STOP ASBESTOS REMOVAL: ........................................................................................................................... 3 1.4 . CODES AN D REG ULATIONS: .......................................................................................................................... .4 1.4 .1. GENERAL APPLICABILITY OF CODES , REGULATIONS AND STANDARDS: ............................ .4 1.4.2 . CONTRACTOR RESPONSIBILITY: ........................................................................................................ 4 1.4 .3. STATE REQUIREMENTS : ....................................................................................................................... .4 1.4.4. LOCAL REQUIREMENTS : ....................................................................................................................... .4 1.4.5. NOTICES: .................................................................................................................................................... 5 1.4.6. PERMITS : .................................................................................................................................................... 5 1.4.8. POSTING AND FILING OF REGULATIONS : ........................................................................................ 5 1.5 . PROJECT COORDI NATION: .............................................................................................................................. 5 1.5 .1. PERSONNEL: ............................................................................................................................................. 5 1.6 . RESPIRATORY PROTECTION: ......................................................................................................................... 6 1.6 .1. GENERAL: ................................................................................................................................................... 6 1.6 .2. RESPIRATORS FOR ABATEMENT OPERATIONS: ........................................................................... 6 1.7. WORKER PROTECTION : ................................................................................................................................... 6 1.7 .1. TRAINING PRIOR TO ENGAGING IN ABATEMENT WORK : ............................................................ 6 1.7 .2. MEDICAL EXAMINATIONS : ..................................................................................................................... 7 1.7 .3. PROTECTIVE CLOTHING : ....................................................................................................................... 7 1.7.4 . ENTERING AND EXITING PROCEDURES: .......................................................................................... 7 1.7 .5. DECONTAMINATION PROCEDURES : .................................................................................................. 7 1.7 .6 . LIMITATIONS WITHIN WORK AREA: .................................................................................................... 8 1.8. DECONTAM INATIO N FACILITIES : ................................................................................................................. 8 1.8 .1. DESCRIPTION : ........................................................................................................................................... 8 1.8 .2. GENERAL REQUIREMENTS : .................................................................................................................. 8 1.8 .3. TEMPORARY UTILITIES TO PDF AND EDF: ....................................................................................... 9 1.8.4 . DECONTAMINATION FACILITIES (DF): ................................................................................................ 9 1.9. NEGATIVE PRESS U RE FILTRATION SYSTEMS: .......................................................................................... 9 1.9.2. PRESSURE DIFFERENTIAL: ................................................................................................................... 9 1.9 .3. MONITORING : .......................................................................................................................................... 10 1.9.4 . TESTING THE SYSTEM : ........................................................................................................................ 10 1.9.5. DEMONSTRATION OF NEGATIVE AIR SYSTEM OPERATION: ................................................... 10 1.9 .6 . USE OF SYSTEM DURING ABATEMENT OPERATIONS : .............................................................. 10 1.9 .7 . DISMANTLING THE SYSTEM : .............................................................................................................. 10 1.10 . CONTAINMENT BA RRI E RS AN D COVERINGS OF WORK AREA: ........................................................ 11 1.10.1. GENERAL: ............................................................................................................................................... 11 1.10.2. PREPARATION PRIOR TO SEALING OFF : ..................................................................................... 11 1.10 .3 . CONTROL ACCESS TO WORK AREA: ............................................................................................. 11 1.10.4. CRITICAL BARRIERS : .......................................................................................................................... 11 1.10.5. PRIMARY BARRIERS : .......................................................................................................................... 12 1.10.6. EXTENSION OF WORK AREA : ........................................................................................................... 12 1.10.7. SECONDARY BARRIERS: ................................................................................................................... 12 1.1 1. MON ITORING, INS PECT I ON AN D TEST ING : ............................................................................................ 12 1 .11.1. GENERAL: ............................................................................................................................................... 12 1.11.2. OUTLINE SCOPE OF SERVICES OF THE OWNER'S CONSULTANT: ...................................... 13 1 .11 .3 . MONITORING , INSPECTION AND TESTING BY ABATEMENT CONTRACTOR: ..................... 14 1.11 .4 . ANALYSIS : .............................................................................................................................................. 14 2.1. PREABATEMENT ACTI V IT I ES : ..................................................................................................................... 14 2 .1.1. PREABATEMENTMEETING : ................................................................................................................ 14 2 .1.2 . PREABATEMENT INSPECTION AND PREPARATIONS : ................................................................ 15 2 .1.3. PREABATEMENT CONSTRUCTION AND OPERATIONS : .............................................................. 15 2.2 . REMOVAL OF ACM AND ACE: ...................................................................................................................... 16 2 .2 .1. WETIING MATERIALS : .......................................................................................................................... 16 2 .2 .2 . SITE PREPARATION : ............................................................................................................................. 16 2 .2 .3 . PERSONAL PROTECTION : ................................................................................................................... 16 2.2 .5 WALL AND CE ILING TEXTURE ............................................................................................................. 18 2.3. DI SPOSAL OF ACM AND ACE WASTE MA TE RI AL : .................................................................................. 19 2 .3 .1. GENERAL: ................................................................................................................................................. 19 2 .3 .2 . PROCEDURES : ........................................................................................................................................ 19 2.4 . PROJECT DECONTAMINATION : ................................................................................................................... 20 2.4.1 . GENERAL: ................................................................................................................................................. 20 2.4 .2 . WORK AREA CLEARANCE : .................................................................................................................. 20 2.4 .3 . WORK DESCRIPTION : ........................................................................................................................... 20 2.4 .4 . PRE-DECONTAMINATION CONDITIONS : ......................................................................................... 20 2.4 .5 . FIRST CLEANING : ................................................................................................................................... 20 2.4 .6 . SECOND CLEANING : ............................................................................................................................. 2 1 2.4 .7 . PRE-CLEARANCE INSPECTION AND TESTING : ............................................................................. 2 1 2.4 .8 . LOCK-BACK ENCAPSULATION : .......................................................................................................... 2 1 2.5. FINAL A IR C L EARANCE TEST ING ............................................................................................................... 21 2 .5 .1. GENERAL: ................................................................................................................................................. 2 1 2 .5.2 . FINAL TESTING : ...................................................................................................................................... 2 1 2.5.3 . FINAL TESTING PROCEDURES : ......................................................................................................... 22 2.5.4 . SCHEDULE OF AIR SAMPLES WITH PCM : ....................................................................................... 22 2.5 .5 . LABORATORY TESTING FOR PCM : ................................................................................................... 22 2.5 .7 . FINAL AIR TESTING REQUIREMENTS : ............................................................................................. 23 2.6. A B ATEMENT CLOSEOUT AND CE RT I FICATE OF COM PLIANCE : ......................................................... 23 2 .6 .1. COMPLETION OF ABATEMENT WORK: ............................................................................................ 23 2 .6 .2 . CERTIFICATE OF COMPLETION BY CONTRACTORS : .................................................................. 24 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 sect ion . The contract documents show the work of the contract and related re- quirements and conditions impacting the project. Related requirements and condit ions include applicable codes and regulations , notices and permits , existi ng site conditions and restrictions on use of the site , requirements for partial owner occupancy dur ing work , coord ination w ith other work and phasing of work . Whenever there is a confl ict or overlap of the above refer- ences , the more stringent prov isions 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 -contam inated elements (ACE) utilizing wet methods within full , negative-p ressure containments equipped w ith HEPA ventilation from specified areas of the bu ilding . The following asbestos-containing mate- rials ACM) will be removed at the where a licable. Roll on wall texture Throughout the second floor 3,400 square feet office building 9" x 9" floor tile and mastic First floor storage , captains of-300 square feet fice Mastic under brown linoleum First floor restroom and net-100 square feet work room Mastic under carpet First floor , copy file and office 1 ,200 square feet area Sheetrock joint compound First floor west office area 3,550 square feet TSI fittings Police Barricade room in the 40 fittings basement and second floor water closet of office building 12 " x 12 " Marbled floor tile Second floor 3,000 square feet 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 i nto )/~1<. fi-(.;tr' DSHS License 10-5040 Expires 12-31-09 IHST Project #18011 Page 1 ASBESTOS REMOVAL 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 having 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 . 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 should make every effort not to damage the in- terior walls of the building during the project. 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 . If the area can be isolated for the floor tile removal , a four foot splash guard may be used in lieu of a full containment if a pressure differential of -0.02 inches of water is maintained . )/u~t<. e-,/£ DSHS License 10-5040 Expires 12-31-09 IHST Project #18011 Page 2 ASBESTOS REMOVAL 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. After the ACM has been removed and the work area cleaned, a detailed visual clearance in- spection will be conducted to determine if ACM or asbestos-contaminated elements (ACE) re- main prior to final clearance and work completion . OSHA personnel and area monitoring will be conducted with analysis by (PCM). Final air clearance sampling will be conducted utilizing PCM . Respiratory protection will require half-face, air-purifying respirators (APR) with NIOSH- approved P-100 (HEPA) cartridges during removal. The CONTRACTOR is responsible to verify site conditions and estimated quantities of ACM to be removed. 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. Several of the structures have asbestos containing ma- terials in the flashing around roof penetrations. The Contractor will not be required to remove the flashing on the structures . 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. The CONTRACTOR is responsible to verify site conditions and estimated quantities of ACM to be removed and determining the quantity of ACM delineated for removal prior to abatement described in these specifi- cations and associated drawings. The Contractor by placing a bid for this project agrees with all quantity estimates and there bid reflects there price to remove all of the material at all of the structures as identified in these specifications. 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 IHST Project #18011 Page 3 ASBESTOS REMOVAL will require the Contractor to automatically stop asbestos removal and initiate fiber reduction ac- tivities : A. Excessive airborne fibers outside containment area (0 .01 flee 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 flee 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. 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. IHST Project #18011 Page4 ASBESTOS REMOVAL 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 44 77-3a . 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 notify regulatory agencies in accordance with the Texas Department of State Health Services (Texas C ivil Statutes, Article 4477-3a , Section 12) asbestos regulations. 1.4.6. PERMITS: The Contractor will be responsible for any permits . 1.4.7. LICENSES: Ma intain 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. IHST Project #18011 Page 5 ASBESTOS REMOVAL 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 flee 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 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 flee , 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 IHST Project #18011 Page6 ASBESTOS REMOVAL 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 requ ire- 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 protect ion per most stringent applicable requirements . Provide as a minimum the following : 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 showe r room to equipment room , and put on work boots . 1.7.5 . DECONTAMINATION PROCEDURES: Require all workers to adhere to the following personal decontamination procedures whenever they leave the work area of a full decontamination unit: Three-stage Wet Decontamination : Require that all workers use the following decontamination procedure as a minimum require- ment whenever leaving the work area: 1. When exiting work area , remove disposable coveralls , and all other clothes disposable head covers , and disposable footwear covers or boots in the equipment room . 2. Still wearing respirators , and completely naked proceed to showers . Showering is man- datory . Care must be taken to follow reasonable procedures in removing the respirator to avoid asbestos fibers while showering . The following procedure is required as a minimum : a. Thoroughly wet body including hair and face. If using a Powered Air-Purifying Respi- rator (PAPR) hold blower unit above head to keep can isters 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 start ing to breath . 3. Carefully wash facepiece of resp irator inside and out. If using PAPR , shut down in the following sequence , first cap inlets to filter cartridges , then turn off blower un it (this se- IHST Project #18011 Page7 ASBESTOS REMOVAL 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 requ ired as a minimum : a . Thoroughly wet body from neck down. Wet hair as thoroughly as possible without wetting the respirator filter if using an air purifying type respirator. b. Take a deep breath, hold it and/or exhale slowly , complete wetting of hair, thoroughly wetting face , respirator and filter (air purifying respirator). While still holding breath, remove respirator and hold it away from face before starting to breath . 3 . Dispose of wet filters from air purifying respirator. 4. Carefully wash facepiece of respirator inside and out. 5. Shower completely with soap and water. Rinse thoroughly. 6 . Rinse shower room walls and floor prior to exit. 7 . Proceed from shower to Changing Room and change into street clothes or into new disposable work items . 1.7.6. LIMITATIONS WITHIN WORK AREA: Ensure that workers do not eat, drink , smoke, chew gum or tobacco, or in any way break the protection of the respiratory protection system in the work area . 1.8. DECONTAMINATION FACILITIES: 1.8.1. DESCRIPTION: Provide each work area with separate personnel decontamination facility (PDF) and equipment decontamination facility (EDF). Ensure that the PDF is the only means of ingress and egress for the work area and that all equipment, bagged waste material and other material exit the work area only through the EDF or the PDF . 1.8.2. GENERAL REQUIREMENTS: All persons entering and exiting the work area will follow the entry and exit procedures required by the applicable regulations and these specifications . Process all equipment and material exit- ing the work area through the EDF or PDF and decontaminate as required by the specifications. IHST Project #18011 Page8 ASBESTOS REMOVAL Construct walls and ceilings of PDF and EDF airtight with at least 6 mil polyethylene sheeting and attach to existing building components or to a temporary framework . The EDF and PDF may be combined if the size of the work area will not permit both. Use a minimum of two layers of 6-mil opaque polyethylene to cover floor under PDF . Construct doors from overlapping polyethylene sheets so that they overlap adjacent surfaces . Weight sheets at bottom so that they quickly close after release . Put arrows on sheets showing direc- tion of overlap and travel. 1.8.3. TEMPORARY UTILITIES TO PDF AND EDF: Provide temporary water service connection to the PDF and the EDF . Provide backflow protec- tion at the point of connection to the Owner's system. Water supply must be properly pressured and temperature balanced at shower discharge . Pro- 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. 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 . 1.8.4. DECONTAMINA T/ON 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 en- tire decontamination procedure within 15 minutes. Construct DF of opaque or colored polyethyl- ene for privacy . Construct DF so that it will not allow for parallel routes of exit without shower- ing. 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 IHST Project #18011 Page9 ASBESTOS REMOVAL 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: Demonstrate the operation of the negative-pressure system to the Owner's Representative to include , but not be limited to, the following : 1. Demonstrate pressure differential system will maintain -0 .02" of water . 2. Emergency shutoff will operate in case of fire . 1.9.6. USE OF SYSTEM DURING ABATEMENT OPERATIONS: Start exhaust units before beginning work (before any ACM is disturbed). After abatement work has begun , run units continuously to maintain a constant negative-pressure until decontamina- tion of the work area is complete. Do not turn off units at the end of the work shift or when abatement operations temporarily stop . Do not shut down negative air system during abatement operations procedures , unless author- ized by the Owner's Representative in writing. The systems may be shut down daily if air moni- toring in the containment shows airborne levels of less than 0.01 fibers/cc . Start abatement work at a location farthest from the exhaust units and proceed toward them . If an electric power failure occurs , immediately stop all removal work and do not resume until power is restored and all exhaust units are operating again . At completion of abatement work, allow exhaust units to run as specified under this section , to remove airborne fibers that may have been generated during abatement work and cleanup and to purge the work area with clean makeup air. Units may be required to run after decontamina- tion, if dry or only partially wetted asbestos material was encountered during any abatement work. 1.9.7. DISMANTLING THE SYSTEM: When a final inspection and the results of the final air tests indicate that the area has been de- contaminated , exhaust units may be removed from the work area . Before removal from the work area , remove and properly dispose of pre-filters , and seal intake to the machine with 6-mil polyethylene to prevent environmental contamination from the pre-filters. IHST Project #18011 Page 10 ASBESTOS REMOVAL 1.10. CONTAINMENT BARRIERS AND COVERINGS OF WORK AREA: 1.10.1. GENERAL: Seal off perimeter of work area to completely isolate abatement areas and to contain all air- borne asbestos contamination created by abatement work . Cover all surfaces of the work area to protect them from cross contamination , to facilitate more efficient cleanup , and to protect the fin ishes 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 acco rdance with procedures described in this section at no additional cost. 1.10.2. PREPARATION PRIOR TO SEALING OFF: Place all tools , staging , etc. necessary for the work in the area to be isolated prior to erection of temporary plastic sheeting enclosure. Disable ventilating systems or any other system bringing air into or out of the work area . Disable system utilizing positive means that will prevent acci- 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 OF. All other means of access will be closed off and sealed and warning signs displayed on the clean side of the sealed access . Where the work area is immediately adjacent to or within view of occupied areas , provide a visual barrier of opaque polyethylene sheeting at least 6-mil in thickness so that the work procedures are not visible to building occupants. Where the area adjacent to the work area is accessible to the public , construct a barrier of plywood or other suitable material at least eight feet (8') in height that is able to withstand the negative pressure as specified . Post warning signs at each visual and physical barrier per OSHA requirements . Alternate method of containing the work area or different definition of the limits of seal-off from the one shown on the drawings may be submitted to the Owner's Representative for approval in accor- dance with this section . Do not proceed with any such alternatives without prior written approval by the Owner's. 1.10.4. CRITICAL BARRIERS: Completely separate the work area from other portions of the building , and the outside by sheet polyethylene barriers at least 6 mil in thickness and sealing with duct tape . Individually seal all ventilation openings (supply and exhaust), lighting fixtures , doorways , windows , and other open - ings into the work area with duct tape alone and with polyethylene sheeting at least 6-mil in thickness , taped securely in place with duct tape . Maintain seal until all work including project decontamination is completed . Take care in sealing off lighting fixtures to avoid melting or burn- ing of sheeting. Provide sheet plastic barriers at least 6-mil in thickness as required to com- pletely seal openings from the work area into adjacent areas. Seal the perimeter of all sheet plastic barriers with duct tape or spray cement. IHST Project #18011 Page 11 ASBESTOS REMOVAL 1.10.5. PRIMARY BARRIERS: The primary barrier of the full containment walls will consist of a minimum of Primary barriers for full containment shall consist of two (2) layers of minimum 4-mil polyethylene sheeting for the walls securely anchored from the floors to the ceiling . The containment for the removal of the li- noleum 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 barr ier 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 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 , inspect ion , 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- IHST Project #18011 Page 12 ASBESTOS REMOVAL tory initial results . These repeated final inspections and testing , if required , will be paid for by the Contractor. The Asbestos Abatement Contractor may request confirmation of above results. This request must be in writing and submitted to the Owner's Representative . Cost for the confirmation of re- sults will be born by the Contractor for both the collection and analysis of samples and for the time delay that may result for this confirmation . Confirmation sampling and analysis will be the responsibility of the Contractor with review and approval by the C.I.H . 1.11.2. OUTLINE SCOPE OF SERVICES OF THE OWNER'S CONSULTANT: The purpose of the work of the Owner's Representative is to: assure quality , resolve problems , and prevent the spread of contamination beyond the work area . In addition , the consultants work include performance of final inspection and testing to determine whether a space or a building has been adequately decontaminated . All air monitoring is to be done utilizing PCM sampling procedures with final clearance to be performed by TEM . The Owner's Representa- tive will perform the following tasks: TASK 1: Establish background levels before abatement work will start . This will in- clude taking background samples (at least 3) and retaining samples for pos- sible TEM analysis . TASK 2: Perform continuous air monitoring , inspection and testing outside the work area during actual abatement work area. In addition, the Owner's Represen- tative will be required to detect any faults in the work area isolation and any adverse impact of surroundings from work area activities . TASK 3: Perform unannounced site visits to spot check overall compliance of work with contract documents. These visits may include any inspection , monitoring and testing inside and outside the work area and all aspects of operation ex- cept personnel monitoring . TASK 4 : Provide support to the Owner such as evaluation of submittals from the abatement contractor, resolution of unforeseen developments in abatement work , etc . TASK 5: Perform final inspection and testing of a decontaminated area or building at the conclusion of the abatement and cleanup work to certify compliance with Owner's decontamination standards. TASK 6: Issue certificate of decontamination for each area or building and a final project report . TASK 7: The Owner's Representative will have authority to require building materials to be removed and disposed of as ACM waste where visible ACM debris is pre- sent. All data , inspection results and testing results generated by the Owner's Representative will be available to the Contractor for information and consideration . Contractor will provide coopera- tion and support to the Owner's Representative for efficient and smooth performance of their work . Monitoring and inspection results of the Owner's Representative will be used by the Owner to issue any Stop Asbestos Removal Orders to the contractor during abatement work and to ac- cept or reject an area or a building as decontaminated. The Owner's Representative will make available to the Contractor the plan for sample collection and analysis for continuous monitoring IHST Project #18011 Page 13 ASBESTOS REMOVAL 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 PAT. 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 samples for at least 25% of the workers in each shift , but not less than two where active abate- ment takes place . 1.11.4. ANALYSIS: Bulk samples (if required) will be analyzed at a laboratory that is Accredited by the National Vol- untary Laboratory Accreditation Program (NVLAP). Proof of accreditation must be submitted prior to the project start date. Polarized light microscopy will be used to analyze bulk samples . Air samples will be analyzed by an individual participating in the American Industrial Hygiene Association's (AIHA) Proficiency Analytical Testing Program . In addition to the continuous monitoring required, the Owner's Representative will perform in- spection and testing at the final stages of abatement for each work area or building as specified elsewhere in this section . 1.12.5. SUBM/TTALS 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. PREABA TEMENT 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. IHST Project #18011 Page 14 ASBESTOS REMOVAL The Asbestos Abatement Contractor and his employees will be prepared to provide any sup- plemental evidence and information to the Owner's Representative pertaining to any aspects of the submittals or the materials and equipment. No abatement work of any kind described in the following provisions of these specifications will be initiated prior to the preabatement meeting . 2.1.2. PREABATEMENT INSPECTION AND PREPARATIONS: Before any work begins on the containment barriers , the contractor will : 1. Conduct a space-by-space inspection with an authorized Owner's Representative, and prepare a written inventory of all existing damage in those spaces where asbestos re- moval work will occur. Still or video photography may be used to supplement this written damage inventory . Documents will be signed and certified as accurate by both parties. 2. Ensure that all furniture, machinery, equipment, curtains drapes , blinds and other mov- able objects which the contractor is bound to remove from the work area have been re- moved or protected . 3. Notify the Owner's Representative of systems that need to be shut down as soon as practical in advance . The Owner's Representative will coordinate shutdown with Con- tractor and Owner's Facility Representative . The Owner's Facility Representative will perform and monitor shutdown as required by Contractor. a. Shutdown and seal off all heating, cooling , ventilating or other air handling systems serving the work area . The environment of the work area will be completely isolated from all other air flows in the building. Owner's Representative will monitor shut- down . b. Shut down all electrical circuits which pose a potential hazard on the job . Exact elec- trical arrangements will be tailored to the particular space and systems involved . All electrical circuits will be turned off at the box outside the removal area, not just the wall switch . Potential for electrical shock is a major threat to life in a work area where large amounts of water will be sprayed on ceilings , conduits, lighting fixtures and other electrical items . Electrical lines which are used to power work lights and equipment will conform to all electrical safety standards and will be protected by a ground fault interrupter. The Asbestos Abatement Contractor will be responsible for all OSHA lockout/tagout requirements. A copy of the Asbestos Abatement Contrac- tor's lockout/tagout program must be submitted for review prior to asbestos abate- ment operations . 2.1.3. PREABA TEMENT 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. IHST Project #18011 Page 15 ASBESTOS REMOVAL 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 . 3. Label containers and wrapped material using warning labels as specified by OSHA 29 CFR 1910.1001 or 1926.1101 and the NESHAPS regulations. 4 . For ACM being transported off the facility site , label ACM waste containers and wrapped material with the name of the waste generator and the location where the waste was generated. 2.2.2. SITE PREPARATION: Erect critical barriers at all doors and windows entering the regulated areas. This project will be conducted by establishing critical barriers over all openings into the work area. A three stage wet decontamination unit will be erected for worker entrance and exit into the work area. The Contractor must establish negative air in the containment and maintain a pressure differential of -0 .02 inches of water column pressure differential. 2.2.3. PERSONAL PROTECTION: One (1) layer of disposable clothing air-purifying respirators (PAPR) with NIOSH-approved HEPA cartridges shall be worn by all personnel during removal of the asbestos-containing ther- mal system insulation. Provide boots , safety glasses and gloves for all workers . Equipment will meet OSHA require- ments for personal protection. Provide all persons entering the work area with disposable full body coveralls , disposable head covers and rubber boots. 2.2.4. 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 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 . IHST Project #18011 Page 16 ASBESTOS REMOVAL 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 t ile accessibility of the other ti les is improved . Force the wall scraper 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 25° to 30° angle to the floor. Caution: Use safety gog - gles . If some areas are encountered where even the technique detailed in the previous paragraph proves to be inadequate , the removal procedure can be simplified by thoroughly heating the tile(s) with a hot air blower until the heat penetrates through the tile and softens the adhesive . Note 1: Handle the hot air blower, tiles , and adhesive carefully to avoid personal burns . Note 2: Do not handle the heated tiles and adhesive without suitable glove protection for the hands . As small areas of subfloor are cleared of tile , the adhesive remaining on the floor must be scraped up with the 4" hand scraper until only a thin , smooth film remains . In those area where deposits are heavy or difficult to scrape , the removal can be expedited by heating with the hot air blower prior to scraping . Deposit scrapings in a heavy-duty impermeable trash bag or closed impermeable container. Thoroughly spread approved mastic biodegradable cleaner/solvent onto all mastic with a garden sprayer (Note The solvent used to remove the mastic must have a flash point of >140 degrees F. Submittals for the solvent must include a Material Safety Data Sheet. Let the solution stand for at least 15 minutes . Use an industrial buffer with coarse pads to dislodge the material or a squeegee . Squeegee , or use scrapers to push material into a cen- tral location for final mopping and cleanup. Hand-scraping may be done at the Contractor's op- tion , or as required to completely remove all material. As indicated in previous paragraphs , tiles should be placed immediately in a waste disposal bags or closed impermeable container. Do not attempt to break tiles after they are in the bag. When all tiles , mastic and sorbent material have been removed from the floor and placed in polyethylene waste bags at least 6-mil thick or closed containers , seal the bags securely for dis- posal. "Shot blaster" or "bead blaster" machines will not be allowed to remove the floor tile and mastic . Alternate removal techniques may be used if approved by the CIH . IHST Project #18011 Page 17 ASBESTOS REMOVAL 2.2.5 WALL AND CEILING TEXTURE The asbestos texture will be kept wet and removed by wet scraping or as intact sheetrock and ceiling tile sections utilizing hand tools and a low water volume , short distance power diffusing "Airless" sprayer. The asbestos plaster texture and texture on CMU block will be kept wet and removed utilizing hand tools and a low water volume , short distance power diffusing "Airless " sprayer. The minimum crew size for the operat ion 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 util ized 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 resp irators 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 . 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 . Clean up any debris or water on the floor with wet rags and/or the HEPA vacuum . IHST Project #18011 Page 18 ASBESTOS REMOVAL As in any asbestos related project , the work area should be kept free of debris . Any contamina- tion should be cleaned up immediately . When the work day is complete , (or as soon as the pro- ject is complete) the work area should be cleaned using wet methods and a HEPA vacuum . All asbestos material and associated debris should be removed and placed in double layer 6 mil asbestos disposal bags before the end of the work day . Dispose of waste in accordance with regulations for asbestos waste found in these specifications. Workers should pass through a complete three-stage wet decontamination facility prior to exit- ing the building . If a disposal bag develops a leak, stop work inside the containment. Catch the water in a plastic disposal bag . Lift and move the bag so that water stops running out. Do not "pump" the bag in a way that would force air out. Twist the bag in the area of the puncture to form a stem , dry the surface and tape it securely closed. Clean up the contaminated water and debris from the floor immediately using wet methods and the HEPA vacuum. Dispose of the waste properly. 2.3. DISPOSAL OF ACM AND ACE WASTE MATERIAL: 2.3. 1. GENERAL: The Asbestos Abatement Contractor will dispose of friable ACM and debris which is packaged in accordance with these specifications at the approved landfill . Dispose of non-friable ACM in accordance with the applicable regulations for friable asbestos. The transporter must be li- censed in accordance with the Texas Department of State Health Services Asbestos Rules and Regulations . The truck transporting the waste must have the following noted on the shipping papers , manifests and trucks : Hazardous Material Proper Shipping Name : hazardous substance solid , N.O .S. DOT Hazard Class : Class 9 PG . Ill Identification Number: NA 2212 (friable waste) Reportable Quantity : RQ Name and Address of Generator 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 IHST Project #18011 Page 19 ASBESTOS REMOVAL 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 Flee . 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 . 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 . IHST Project #18011 Page 20 ASBESTOS REMOVAL 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 in- side the containment. Final air clearance will be performed in accordance with these Specifica- tions . 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 en- capsulation work . 2.5. FINAL AIR CLEARANCE TESTING 2.5.1. GENERAL: The Asbestos Abatement Contractor will notify the Owner's Representative in advance for the performance of the final visual inspection and testing . The final air clearance will be performed by the Owner's Representative starting after completion of the encapsulation of the containment and the material is dry . 2.5.2. FINAL TESTING: After a satisfactory final visual inspection and encapsulation , The Owner's Representative , will undertake the final testing. Air samples will be taken and analyzed in accordance with the pro- cedures for PCM specified elsewhere in this section . If release criteria are not met , the con- tractor will repeat final cleaning and continue decontamination procedure from that point. Addi- tional inspection and testing will be at the expense of the Contractor. If results of PCM air samples are satisfactory, remove the critical barriers and shut down and remove HEPA units as specified under Abatement Closeout. Any small quantities of residue 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. IHST Project #18011 Page 21 ASBESTOS REMOVAL 2.5.3. FINAL TESTING PROCEDURES: CONTRACTORS RELEASE CRITERIA: Work in an area is complete when the work area is visually clean and airborne fiber levels have been reduced to less than 0 .01 fibers/cc by PCM analysis. AIR MONITORING AND FINAL CLEARANCE SAMPLING: To determine if the elevated air- borne fiber counts encountered during abatement operations have been reduced to the speci- fied level , the Owner's representative will secure samples and analyze them according to the following procedures : 1. Fibers Counted : "Fibers" referred to in this section will be either all fibers regardless of composition as counted in the NIOSH 7400 method , or asbestos fibers of any size as counted using PCM ; and 2.5.4. SCHEDULE OF AIR SAMPLES WITH PCM: The Owner's Consultant will perform background, perimeter and work area samples during con- struction and abatement. These samples will be analyzed by PCM . At least three (3) background samples will be taken before work begins for a baseline meas- urement. The Owner's Representative will sample at a rate of one sample per 1,000 sq . ft . of work area with a minimum of two area samples for small containment areas . A minimum of 1,250 liters of air will be collected for all baseline and clearance samples . From start of actual removal of asbestos-containing materials the Owner will take the following samples on a daily basis. The number of samples may vary according to site plan and approval from the CIH. DAILY SCHEDULE OF AIR SAMPLES l.ol?8ti,on Sampled Number of\i~j rl'nalyt ~oo 'Detect iQO Limit Minimum VQI-Rate LPM ;".' > p P~S '"'"' '" · Fiberslcc, ume(Llters) 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 . *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 PAT. 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 IHST Project #18011 Page 22 ASBESTOS REMOVAL 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 furn ished 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 PAT. 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 CONTRAST MICROSCOPY CLEARANCE CRITERIA Location Number of Analysis Analyt ical Sensi-Recommended Rate Sampled Samples Method tivity Volume LPM s/mm2. (Liters) Each Work Area 3 PCM <0.005 1,250 < 15 Work Area Blank 1 PCM <0.005 0 Open for 30 Seconds Ou tside Blank 1 PCM <0 .005 0 Open fo r 30 Seconds Laboratory Blank 1 PCM <0 .005 0 Do Not Open Release Criteria: Decontamination of the work site is complete when every work area sample is at or below 0.01 FIBERS/CC. 2.6. ABATEMENT CLOSEOUT AND CERTIFICATE OF COMPLIANCE: 2.6.1. COMPLETION OF ABATEMENT WORK: The asbestos abatement contractor will seal negative air machines w ith 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 . 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 . IHST Project #18011 Page 23 ASBESTOS REMOVAL 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 . IHST Project #18011 Page 24 Appendix A Attachments CERT/FICA TE OF COMPLETION PROJECT : DATE ------------------------- LOCATION : _______________________ _ 1. I certify that I have personally inspected , monitored and supervised the abatement work of (Specify Work Area or Building) which took place from _________ to _________ _ (Beginning of Work) (End of Work) 2 . That throughout the work all applicable regulations and the specifications were ob- served . 3. That any person who entered this area was protected with the appropriate clothing and respirators systems and that they followed the proper entry and exit procedures and the proper operation procedures throughout the work . 4 . That all employees of the contractor engaged in this work were trained in respiratory pro- tection, experienced with abatement work , had proper medical records and were not ex- posed at any time during the work to asbestos without the benefit of 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 fi- ber count never exceeded 0.5 flee . Except as describe here: 7. That the negative pressure air systems were installed and operated properly maintaining the specified negative pressure in the work area throughout the work . CONTRACTOR/SUPERVISOR COMPANY NAME CONTRACTOR ADDRESS ATTACHMENT #1 Asbestos Abatement Page 1 AppendixB Specification Drawings Site Diagram -Asbestos-Containing Materials Police District #6 LEGEND J -ACM Joint Compound N [:) ACM Black Mastic ,mdcr Carpel ~ ACM Mastic under Linoleum m . ACM 9"x 9" Green Floor Tile & Mustic Not Drrn'hf ro Scalt. Foyer Office Building, First Floor Meeting Room Office G u .; ;t,A""""'"""'"""'"""'-----1::r: Office F Office E Storage Women's C Restroom i:Q ~ .._ ____ __. '"'"' Locker Roo Reception Room Office A __ __, Hall A Captain's Office Roll Call Room Storage D Break Room Ot1iceD City of Fort Worth Police District #6 Fort Worth, Texas Asbestos Specification Project# 18019 Drawing #1 Not To Scale Drawn by: AHG Da te: 05 /30/08 Revised by: Date: 1111 Industrial Hygiene and Safety Technology, INC. 2235 Keller Way Carrollton, Texas 75006 TEL (972) 478-7415 FAX (972) 478-76 15 Stairs Office Area Soffit Site Diagram -Asbestos-Containing Materia l s Police District #6 O ffi ce Buil ding , Second Floor )/~l-~.1/?J ( 2-(J1/py / //:m /~ LEGEND [J ACM 12 "x 12 " Brown Marbled Floor Til e ffl ACM Linoleum beneath Floor Tile ACM in Hot Water Pipe Fittings J -ACM Sheetrock Texture ! . Not Drawn to Scale City of Fort Worth NPD #6 , Floor 2 Fort Worth, Texas Asbestos Specification N Project # 18019 Drawing #1 Not To Scale Drawn by: AHG Date : 06/02/08 Revised by : Date : 1111 Industrial Hygiene and Safety 'fechnology, IN . 2235 Keller Way Carrollton , Texas 75006 TEL (972) 478-74 15 FAX (972 ) 478-7615 LEGEND -ACMTSI N,,t Drawn In Scale Site Diagram -Asbestos-Containing Materials Police District #6 J N Office Building , Basement Locker Room Weight R oo m Wa ter Women's Locker Room Women's st Room City of Fort Worth Police District #6 Fort Wo rth , Texas Asbestos Inspectio n 1111 Project # 18019 Drawing #1 Indus trial Hyg iene and -No_t_T_o -8 c-a-le--------u_Salety Te.chn olo9)U l'JC. 2235 Keller Way Drawn by : AH G Date: 05/30 /08 Ca rr ollt on, Texas 75006 Revised by : Date : TE L (972 ) 478-7415 FAX (9 72 ) 478-761 5