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HomeMy WebLinkAboutContract 41475CITY SECRETARY CONTRACT NO . Y: \ ~ 1 S- CONTRACT BETWEEN CITY OF FORT WORTH AND MIDWEST WRECKING CO. of TEXAS, INC. For Asbestos Abatement and Demolition of Commercial Structure at 2711 Guenther Avenue Department of Transportation & Public Works Environmental Services Division January 2011 -1 - OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX :2 I STATE OF TEXAS COUNTY OF TARRANT § § § KNOWN ALL BY THESE PRESENTS CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL , TRANSPORTATION , AND DISPOSAL OF ASBESTOS CONTAMINATED MATERIALS 27 11 GUENTHER AVENUE , FORT WORTH , TX This Contract is entered into by and between the City of Fort Worth , Texas , a home-rule municipality located within Tarrant County Texas , ("City") acting through Fernando Costa , its duly authorized Assistant City Manager, and Midwest Wrecking Company of Texas , Inc. ("Contractor"), acting through Brian Choate , its duly authorized President. WITNESSETH : NOW, THEREFORE , in consideration of the mutual prom ises and benefits of this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS In this contract , the following words and phrases shall be defined as follows : Asbestos shall mean the asbestiform varieties of chrysotile , amosite , crocidolite , tremolite , anthophyllite, and actinolite and all materials containing one percent or more of any of those substances . Asbestos-Containing Material (ACM) shall mean materials or products that contain more than one percent (1.0%) of any kind or combination of asbestos, as determined by Environmental Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal Regulations , (CFR) Part 763 , Subpart F and 40 CFR 763 Subpart E , Appendix A. This means anyone material component of a structure . Asbestos Removal shall mean any action that dislodges , strips , or otherwise takes away asbestos containing material (ACM). City's Representative means the Assistant Director of Transportation and Pub lic Works , Environmental Management Division , or his designee. CONTRACT FOR STRUCTURA L DEMOLITION A ND A SBESTOS ABATEMENT - MIDWEST WRECKING COMPANY OF TEXA S, INC. -2711 GUENTHER A VENUE PROJECT Pa e 1 of 24 OFFICIAL RECORD CITY SECRETARY FT. WORTH ! TX Contract Documents shall consist of the written , printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include, but are not limited to this contract all bid documents , the Request for Proposals , Invitation to Bid , instructions to bidders, special instructions to bidders, addenda to the notice to bidders , proposal , plans, specifications, maps, blueprints , notice of award, general conditions , special conditions , supplementary conditions , general provisions , special provisions , work order(s), change orders , any contract amendments and the payment, performance and maintenance bonds , or other such similar documents . The Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith . NESHAP shall mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants , as described in Title 40 CFR Part 61. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid . Regulated Asbestos-Containing Material (RACM) shall mean (a) friable asbestos material, (b) Category I non-friable ACM that has become friable, (c) Category I non-friable ACM that will be or has been subjected to sanding, grinding , cutting , or abrading , or (d) Category II non-friable ACM that has a high probability of becoming or has become crumbled , pulverized , or reduced to powder by forces expected to act on the material in the course of demolition or renovation operations. Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work . A purchase order is also considered a subcontract. 2. SCOPE OF CONTRACTOR'S SERVICES A. The scope of work shall include the furnishing of all labor, materials and equipment necessary to complete the work specified in Attachment A. B. Work shall be conducted in accordance with the most recent version of the project's "Specifications for Asbestos Abatement" prepared by Industrial Hygiene and Safety Technology , Inc. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 2 of 24 M IDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT C . Contractor shall perform, in a good and professional manner, the services contained in this Contract and in accordance with all applicable federal, state , and local laws , directives, and guidelines. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. City shall coordinate with facilities, City departments , and any tenants for access to the site. B. City shall prepare and revise all notifications necessary to the Texas Department of State Health Services Health (TDSHS) for the work provided herein. C. City shall make payment of all applicable TDSHS fees . D. City shall give timely direction to the Contractor. E. City shall render decisions regarding modifications to the Contract and any other issue . 4. TIME TO COMPLETE THE PROJECT Contractor will be responsible for coordinating with the Department of Transportation and Public Works -Environmental Services Division , within five (5) days after receipt of notice to proceed , the start date of asbestos abatement to allow for notification to the Texas Department of State Health Services (DSHS). Contractor shall complete work under this contract within ten (10) days from the beginning of initial asbestos abatement activities or a beginning date as shall be specified in a Notice to Proceed unless an extension of time is granted (in writing) due to inclement weather , any such determination being made in the sole judgment and discretion of the City of Fort Worth. A working day shall be defined as each day beginning with the day of initial asbestos abatement until the work is completed and accepted by the City . If a stop work order is issued by the City, the tolling of working days shall be suspended until a new Notice to Proceed is issued . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of the plans, specifications and other Contract Documents , then the Owner shall have the right to either (1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 3 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT Documents or (2) to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to Owner shall exceed the contract price or prices set forth in the Contract Documents , the Contractor and/or its surety shall pay Owner upon its demand in a writing , setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor , and not as an officer, servant , or employee of the City . Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same , and shall be solely responsible for the acts and omissions of its officers, agents , employees , and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers , agents , employees , and subcontractors ; and the doctrine of respondent superior has no application as between the City and Contractor. 6. COMPENSATION Section 1. Fee Schedule . City agrees to pay Contractor for its services according to the schedule in Attachment B. The City will not be liable for any Contractor costs in excess of the not-to-exceed amount unless City has signed and issued a written , duly authorized amendment or mod ification to the Agreement. There is no guarantee of a m inimum amount of work to be awarded under this contract. City shall not pay for any work performed by Contractor or its subcontractors , and/or suppliers that has not been specifically ordered by the City in writing by Task Order or Work Assignment pursuant to the terms of this contract or duly authorized modification . Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work . Section 2. Release Upon Payment Acceptance by Contractor of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to , done , or CONTRA CT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - MIDWEST WRECKING COMPANY OF TEXAS, INC. -2 71 1 GUENTHER A VENUE PROJECT Page o OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX furnished in connection with the services for which payment is made , including any act or omission of the City in connection with such services . Section 3. Invoice and Payment. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same . In the event of a disputed or contested billing , only that portion so contested may be withheld from payment , and the undisputed portion will be paid . No interest w ill accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. 7. LIQUIDATED DAMAGES If Contractor fa i ls to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor , or which may become due , the sum of $1 ,000 .00 (one thousand dollars) per day for each day after the date the project was to be completed, until the project is completed . Such sum shall be treated as liquidated damages and not as a penalty , and City may withhold from Contractor's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty . 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 faith settlement of judgment, of whatever kind or nature , contingent or otherwise, matured or unmatured , foreseeable or unforeseeable , including without limitat ion reasonable attorney's fees and disbursements and consultant's fees , any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the work , or due to negligence or an intentional tort by the Contractor, a Subcontractor, or a vendor and including without limitation: CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Pa ge 5 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -2 7 11 GUENTHER A VENUE PROJECT a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants , contractors , experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to , the preparation of any feasibility studies or reports of the performance of any cleanup , remediation , removal, response , abatement , containment , closure , restoration or monitoring work required by any federal, state or local governmental agency or political subdivision , or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees , costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and 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 , contaminants or hazardous or toxic substances , materials , or wastes whether solid , liquid , or gaseous in nature , into the air, surfacewater, groundwater, stormwater, or land , or relating to the manufacture , processing , distribution , use , treatment , storage , disposal , transport, or handling of pollutants , contaminants , or hazardous or toxic substances , materials , or wastes , whether solid, liquid , or gaseous in nature ; and b. All requirements pertaining to the protection of the health and safety of employees or the public . CONTRACT FOR STRUCTURAL DEMOLITI ON AND ASBESTOS ABATEMENT -Page 6 of24 MIDWEST WRECKING COMPANY OF TEXA S, INC. -2711 GUENTHER A VENUE PROJECT 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, WHETHER SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE INTENTIONAL TORT OR THE SOLE NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES , AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the Contractor under this paragraph shall include , but not be limited to , the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims , suits or proceedings are groundless , false , or fraudulent , and conducting all negotiations of any description , and paying and discharging , when and as the same become due , any and all judgments , penalties or other sums due against such indemnified persons. E. Upon learning of a claim , lawsuit, or other liability which Contractor is required hereunder to indemnify , C ity 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 cla im against the City for general o r environmental damages caused by any of the Contractors herein. CONTRACT FOR STRUCTURAL DEMOLITI ON AND A SBESTOS ABATEMENT -Page 7 of 24 MIDWEST WRECKING COMPANY OF TE XAS, INC. -271 1 GUENTHER A VENUE PROJECT G . The obligations of the Contractor under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. 9. INSURANCE The Contractor certifies it has , at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City , certificates documenting this coverage . The City may elect to have the Contractor submit its entire policy for inspection . A . Insurance coverage and limits : 1. Commercial General Liability Insurance $1 ,000,000 each occurrence ; $2,000,000 aggregate 2. Professional Liability Insurance Not applicable. 3 . Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1 ,000 ,000 per accident on a combined single limit basis or: $500 ,000 bodily injury each person; $1 ,000 ,000 bodily injury each accident; and $250,000 property damage. The named insured and employees of Contractor shall be covered under this policy . The City of Fort Worth shall be named an Additional Insured , as its interests may appear. Liability for damage occurring while loading , unloading and transporting materials collected under the Contract shall be included under this policy . 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100 ,000 each accident $500 ,000 disease -policy limit $100 ,000 disease -each employee 5. Environmental Impairment Liability (Ell) and/or Pollution Liability $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 other policy(s). CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - MIDWEST WRECKING COMPANY OF TEXAS, INC. -271 1 GUENTHER A VENUE PROJECT OFFICIAL RECORD CITY SECRETARY FT. WORTH , TX 6 . Asbestos Abatement Insurance $2,000,000 each occurrence with no Sunset Clause , if any abatement is to be performed and prior to commencement of such work . B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The-term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services .. 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Financial Management Services -Risk Management Division, City of Fort Worth , 1000 Throckmorton Street , Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits , or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 8. The City shall be entitled, upon its request and without incurring expense , to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments . CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 9 of24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions . 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the City . 12 . Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage , Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein , in the event a subcontractor's insurance coverage is canceled or terminated , such cancellation or termination shall not constitute a breach by Contractor of the contract. 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) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law ; or (2) have obtained reinsurance for any liability in CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 10 of24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT excess of $100 ,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City , in its sole discretion , will determine the adequacy of the proof required herein . No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City , notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City . 11 . WARRANTY Contractor warrants that it understands the currently known hazards and the suspected hazards which are presented to persons , property and the environment by the work specified in this contract. Contractor further warrants that it will perform all services under this Contract in a safe , efficient and lawful manner using industry accepted practices , and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. 12. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from : acts of God , acts of the public enemy , fires , flood , epidemics , quarantine restrictions , strikes, freight embargoes , and extreme meteorological events. Contractor affirms a duty to mitigate any delays or damages aris ing from such causes. B. If Contractor fails to begin work herein provided for within the time specified herein , or to complete such work within the time specified herein , City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate . If City 's total costs exceeds the costs as agreed in the contract documents , the City may deliver to Contractor a written itemized statement of the total excess costs , and Contractor shall reimburse City for such excess costs without delay. C. If at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents , City may notify Contractor of the CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - M IDWEST WRECKING COMPANY OF TEXA S, INC. -2711 GUENTHER A VENUE PROJECT OF fAL ~CORD CITY SECRETARY FT. WORTH, TX deficiency in writing . Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract at the discretion of the City. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. D. City may terminate this Contract at its sole discretion and without cause upon thirty (30) days prior written notice to Contractor, and such termination shall be without prejudice to any other remedy the City may have . In the event of termination , any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work that is completed by Contractor and accepted by the City . E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 13. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal , state , and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend , indemnify and hold harmless City and all of its 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 unless set out in writing and signed by both parties. No modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or compensation must be in the form of a written , formal , authorized modification of this contract that is in accordance with all applicable state and city laws , regulations , and ordinances. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee , contractor, or agent of the City prior to obtaining a written modification to this contract ; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral change to a CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 12 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -27 11 GUENTHER A VENUE PROJECT material term of this contract from the City, its employees, contractors, or agents ; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract from the City , its employees , or agents. 15. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract , have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders . 16 . MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No . 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Contractor acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 17. PREVIALING WAGE RATES Contractor shall comply with TEXAS GOVERNMENT CODE, Chapter 2258 , with respect to payment of Prevailing Wage Rates for public works contracts and Contractor shall comply with the Davis -Bacon Act for building and construction trades, and shall comply with the prevailing wage requirements as specified in the bid package for the project. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed ; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 13 of24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT The contractor who is awarded a public work contract , or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate . 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 section . 19. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas , except where preempted by federal law. 20. OFFICIAL RECORD CITY SECRETARY CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -fT. 'Ya~!ll f1,JX MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT ---...:... ___ ..J SEVERABILITY The provisions of this contract are severable ; and if for any reason any one or more of the provisions contained herein are held to be invalid , illegal or unenforceable in any respect , the invalidity , illegality or unenforceability shall not affect any other provision of this contract , and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. 21 . RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant , or any default which may then exist , on the part of Contractor, and the making of any such payment by the C ity while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract , nor a waiver of a subsequent breach of the same provision or condition , unless such waiver be expressed in writing by the party to be bound . 22. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County , Texas . 23 . NOTICES Any notices, bills , invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail , postage paid , to the address noted below : If to the City: If to the Contractor: Michael Gange , Assistant Director Department of Transportation and Public Works 1000 Throckmorton St. Fort Worth , TX 76102 Brian Choate Midwest Wrecking Company of Texas , Inc . PO Box 161819 Hurst , TX 76161 CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 15 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC . -2 7 11 GUENTHER A VENUE PROJECT 24. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. 25. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 26. CONTRACT CONSTRUCTION The parties acknowledge that each party and , if it so chooses , its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 27 . ENTIRETY This contract, the contract documents , and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between the specific terms of this contract and any other contract documents, then the terms of this contract shall govern. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT Page 16 of 24 28. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety , 2) to have its legal counsel examine and explain the content , terms, requirements , and benefits of this contract if Contractor so chooses , and 3) to negotiate the terms of this contract within the bounds of applicable law . Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to 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 -Page 17 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER AVENUE PROJECT ATTIACHMENT A. SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary to perform the removal of all asbestos-containing materials (ACM) and the demolition of all structures located on the parcel located at 2711 Guenther Avenue, Fort Worth, Texas , 76106. PROJECT SPECIFICATIONS Consultant Specifications All work shall be performed in accordance with the consultant specification documents entitled "Specifications for Asbestos Abatement " and those specification documents are incorporated into the terms of th is contract by reference in their entirety . It is foreseeable that the specifications may be amended by the consultant in response to site specific information which may be obtained in the future. Any future modifications of the consultant specifications shall be binding on the contractor . Site Preparation Prior to any abatement or demolition activities , the contractor will remove all universal waste items including light bulbs , mercury-containing devices , paints , pesticides , etc. These items will be properly packaged and disposed by the contractor . The contractor will provide documentation (waste manifest , bill of lading , etc.) that the waste was properly disposed. Contractor wi ll disconnect all associated air conditioning units and properly evacuate any remaining refrigerant contained within the units prior to being disconnected. Utilities will have been terminated to the sites . Prior to demolition , the contractor will be responsible for verifying that all utilities (i.e. natural gas , telephone , water , etc .) have been disconnected . Contractor will cut and cap all site utilities at point of connection to the site . Contractor will be responsible for contacting applicable utility services in order to decide whether or not main lines or routes effectively traverse the project site . It will be determined with the consultation of City staff the best method to address any utility concerns involving the aforementioned utility service issues . CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 18 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT Site Work All structures will be abated of all ACM and will be demolished removing all slabs/foundations, utility infrastructure and grading of the parcel to properly manage storm water. Prior to the start of abatement and demolition of any structure, each structure shall be inspected to ensure the safety of the crew. All debris generated from the removal of ACM is to be disposed of as asbestos- containing waste. Quantities identified in Invitation to Bid are estimated by the building owner and/or his designee; the Contractor is responsible for verifying all quantities. Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. The only exception is if the Contractor can clearly show why the variation was not identifiable prior to job commencement. Prior to any site disturbance , the contractor will have implemented the Best Management Practices (BMPs) This shall include , but not be limited to , the use of silt fencing , rock check dams, mulching , erosion control blankets , curb and inlet protection devices, sediment traps, sediment basins, and/or stabilized construction entrances and exits . Demolition activities will include the demolition of all site structures, concrete/asphalt parking, slabs/foundations , and retaining walls. Streets , drives , and curbs within the perimeter of the complex will be removed; however streets , drives and curbs constituting the perimeter will remain . All demolition debris will be removed from the site and recycled or disposed in a landfill accepting such waste. All foundations will be removed down to a minimum of 2 feet below grade. If foundations/piers extend beyond 2 feet below grade, they may be severed at that point and left in place. Contractor shall clean and remove all remaining furniture, fixtures, furnishings , building materials , tires, debris , trash, rubbish and any other solid waste from the premises. These materials shall be recycled, reclaimed or disposed at a facility or landfill that is approved to accept such waste . Contractor shall maintain proper safety fencing , as needed , and also provide for adequate signage, barricades, traffic cones, and "flagmen" during the course of the project when heavy traffic will be leaving or entering the site. Associated fencing existing entirely on the project site that does not exist as a single barrier between the project site and the neighboring properties will be removed and properly disposed of. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER A VENUE PROJECT Page 19 of 24 Demolition activities will be performed in accordance with Federal, State and local visible emission requirements (i.e . no visible emissions will leave the demolition area). Water is available in the vicinity of the construction area . The Contractor is responsible for obtaining a City of Fort Worth -Water Department water meter if usage of water from nearby fire hydrants is anticipated . The work area will be maintained in a manner that will control all demolition debris from becoming windblown and/or migrating from the work area during and after working hours . The contractor shall use site material , if available , or clean fill from an approved source to fill any holes in the terrain resulting from any of the above work , and grade the entire lot , ensuring that low areas are filled to prevent the pooling of water. For the duration of the entire project, contractor shall sweep dirt and debris from the haul routes used to ensure any sediment tracked from the site is collected and does not migrate onto City streets . Project Coordination Contractor will be responsible for coordinating with the Department of Transportation and Public Works -Environmental Services Division ,, within five (5) days after receipt of notice to proceed , the start date for asbestos abatement , to allow for notification to the Texas Department of State Health Services (DSHS). The City of Fort Worth will prepare and submit the DSHS notification and pay all DSHS notification fees. Upon receipt of a notice to proceed and prior to demolition , contractor must obtain a wrecking permit to demolish the subject structure from the Planning and Development Department , telephone (817) 392-2222 . In obtaining the wrecking permit, the contractor will be required to abide by City of Fort Worth ordinance number 17228 , also known as the "Tree Preservation Ordinance." Under the preservation ordinance , no tree 6 " diameter or greater will be removed and all trees within 50 feet of a structure will be protected as per Tree Ordinance #17228. Removing trees that interfere with construction is permissible while still retaining 50% of existing canopy . A copy of the ordinance has been included in section 3.4. It is the City 's intent to leave all trees in place and only remove trees tha · jeopardize the health and safety of the workers performing demolition L RECORD CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT - MIDWEST WRECKING COMPANY OF TEX AS, INC. -2711 GUENTHER AVENUE PROJECT CITY SECRETARY FT. WORTH, TX Pag e 20 o f 24 It may be necessary to remove a number of the trees to facilitate demolition of the site structures . In addition , many may become severely damaged during the demolition process. The City of Fort Worth will prepare Phase One documents as detailed in the ''Tree Preservation Ordinance " for this project. This will include the performance of a tree survey identifying the current canopy cover on site. This will allow the removal of up to 50 percent of the existing tree canopy . The City of Fort Worth believes this will allow for the proper protection of the existing resource and will also facilitate the completion of the scope of work without impeding progress. In addition, this will alleviate the contractor from paying any fees associated with the "Tree Preservation Ordinance " and from being held liable for the preservation of trees designated to be removed . The contractor will still be responsible for protecting the trees that are not designated to be removed and for following the requirements of the ordinance during the performance of this project. The remainder of this page is left blank intentionally . CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 21 of 2 4 MIDWEST WRECKING COMPANY OF TEX AS, INC. -2711 GUENTHER AVENUE PROJECT ATIACHMENT B. COMPENSATION SCHEDULE THIS IS A FIXED-PRICE CONTRACT. ALL MATERIAL QUANTITIES HEREIN ARE FOR ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE POTENTIAL AMOUNTS AND TYPES OF ACM LIKELY TO ENCOUNTERED ON THE PROJECT AND ARE NOT TO BE CONSTRUED AS A LIMITATION OR MAXIMUM ON THE AMOUNTS OF ACM TO BE ABATED , REMOVED , TRANSPORTED , OR LAWFULLY DISPOSED OF BY THE CONTRACTOR FOR THE FIXED PRICE AS AGREED HEREIN . IN ADDITION THE ESTIMATES OF DEMOLITION QUANTITIES ARE FOR ILLUSTRATIVE PURPOSES ONLY TO DEMONSTRATE THE AMOUNT OF DEMOLITION TO BE PERFORMED ON THE PROJECT AND ARE NOT TO BE CONSTRUED AS A LIMITATION OR MAXIMUM ON THE AMOUNTS OF DEMOLITION REQUIRED TO BE PERFORMED BY CONTRACTOR. QUANTITIES IDENTIFIED IN CONTRACT ARE ESTIMATED BY THE CITY AND/OR THE CITY 'S CONSULTANT, AGENT, OR DESIGNEE . THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL QUANTITIES. CLAIMS FOR ADDITIONAL COMPENSATION DUE TO VARIATIONS BETWEEN CONDITIONS ACTUALLY ENCOUNTERED IN THE PROJECT AND AS INDICATED IN THE CONTRACT DOCUMENTS WILL NOT BE ALLOWED . A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a total price not to exceed six thousand , nine hundred and ninety dollars ($6,990.00) for the completion of all work specified in this contract. B. The City shall not compensate Contractor in excess of the Not-to-Exceed Amount unless the City has executed a written , authorized, and formal Modification to the Contract signed by the City Manager or an Assistant City Manager of the City of Fort Worth . It is expressly agreed between the parties that there shall be no oral modifications to this contract. C . The parties agree that the abatement and demolition grand total as specified in the Contractor's bid (and the Not-to-Exceed amount in this contract) of six thousand , nine hundred and ninety dollars ($6,990.00) shall be the whole of compensation for all of the services specified in this contract. In the event of a discrepancy between any unit price and the contract grand total or not-to- exceed price , the grand total or not-to-exceed price shall prevail. In no event will compensation be greater than the not-to-exceed amount described herein. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 22 of 24 MIDWEST WRECKING COMPANY OF TEXAS, INC. -2711 GUENTHER AVENUE PROJECT D. Quantities identified in the Invitation to Bid were estimated quantities only . Prior to submitting a bid , as noted in the Invitation to Bid , the Contractor was responsible for verifying all quantities upon which the Contractor's bid was based. The Contractor was to rely exclusively upon its own estimates , investigation , research , tests , and other data necessary to supply the full and complete information upon which the Contractor's bid was based . It is mutually agreed that submission of a bid is prima-facie evidence that the Contractor has made all of the investigations , examinations , and tests required to make a fully informed offer. E. By executing this contract , the Contractor affirms and agrees that the Contractor has had the opportunity and duty to confirm all quantities prior to submitting a bid , and Contractor expressly waives any and all right to additional compensation other than the contract grand total as a result of any discrepancy between the quantities encountered and the estimated quantities in the Invitation to Bid and bid documents. F. The parties intend and agree that any change order or modification to th is contract will be in the case of only the most extraordinary of circumstances . Any claims for additional compensation based upon variations between conditions actually encountered in this project and conditions as indicated in the Contract Documents will not be allowed. Any claims for additional compensation proposed by Contractor will be examined by the City in consideration of the terms described herein and the Contractors request for additional compensation must clearly show why the variation was not identifiable prior to the Contractor submitting its bid . As used in th is contract , "not identifiable " means that the Contractor a) performed all investigation , research , tests , and other data collection necessary to accurately determine quantities , and b) no reasonably possible investigation , research , tests , or other data collection could have identified the variation . The final determination as to additional compensation will be made at the sole judgment and discretion of the City . The remainder of th is page is left blank intentionally. CONTRACT FOR STRUCTURAL DEMOLITION AND ASBESTOS ABATEMENT -Page 23 of 24 MIDWEST WRECKING COMPA NY OF TEXA S, INC. -2 711 GUENTHER AVENUE PROJECT SIGNATURE PAGE FOR CONTRACT FOR STRUCTURAL DEMOLITION AND REMOVAL , TRANSPORTATION , AND DISPOSAL OF ASBESTOS CONTAMINATED MATERIALS 2711 Guenther Avenue IN WITNESS THEREOF , the parties have executed this contract in triplicate in Fort Worth , Texas , on the dates written below . CITY OF FORT WORTH BY:5i,,__.:,4 a Fernando Costa Assistant City M~~r / Date Signed : ~/ Assistant ire or .. Transport · n and Public Works APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney CONTRACTOR Midwest Wrecking Company of Texas , Inc. BY: --------------Brian Choate President CORPORA TE SEAL: -- CONTRACT FOR STRUCTURA L DEMOLITION AND ASBESTOS ABATEMENT -Paa e 24 o f 24 MIDWEST WRECKI NG COMPANY OF TE XAS, INC. -2 711 GUENTHER A VENUE PROJECT OFflCIAL RECORD CITY SECRETARY fF 'T. WORTH, TX COMMENTS/REMARKS terms and conditions of policy when required by written contract . *When required by written contract , except 10 days notice f or non -payment of premium OFREMARK COPYRIGHT 2000, AMS SERVICES INC. VENDORCOMPLIANCETOSTATELAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders . This law provides that, in order to be awarded a contract as low bidder, non-resident bidders ( out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in _______ (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in _______ (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate offices are in the State of Texas. ~ Bidder: Midwest Wrecking Company of Texas, Inc. P.O. Box 161819 HURST, TEXAS 76161 By : (Please Print) Signature Cxo Title (Please Print) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C .A. Labor Code §406.96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No . .:. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR Midwest Wrecking Company of Texas, By:_Q _.d-____ _ Name: -----~---} ...... t\_v'\..._C.. ___ \-\-_cA--'--"'¢--- Title: ~o ----------- Date: _ __.\_· 1.:_'6_·_\\~----- Before me, the undersigned authority, on this day personally appeared UIAv'\ C~"CE , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Midwest Wrecking Company of Texas, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this '2.2 of ~~.20 \l ' TRACI ROBINSON 1\I Y COMMISSION EXPIRE S June 22, 201 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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: Hideaway Bar 2711 Guenther Avenue North Fort Worth, Texas DATE: January 19, 2011 Specifications Prepared by: )(~ I( fl,,a.,/ ;tr" Tracy K. Bramlett, CIH, CSP TDSHS LICENSE #10-5040 Expiration: 12/31/11 Prepared by: Industrial Hygiene & Safety Technology, Inc. 2235 Keller Way Carrollton, Texas 75006 972-478-7415 TABLE OF CONTENTS Asbestos Abatement Specifications Hideaway Bar 2711 Guenther Avenue North Fort Worth, Texas 1.1. SUMMARY OF THE WORK ............................................................................................................................... l 1.1.1. CONTRACT DOCUMENTS AND RELATED REQUIREMENTS : ....................................................... l 1.1.2. EXTENT OF WORK: .................................................................................................................................. 1 1.1.4. CONTRACTORS USE OF PREMISES : .................................................................................................. 3 1.2. DIFFERING SITE CONDITIONS: ....................................................................................................................... 3 1.3. STOP ASBESTOS REMOVAL: ........................................................................................................................... 3 1.4 . CODES AND REGULATIONS: .......................................................................................................................... .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: .................................................................................................................................................... 4 1.4.6. PERMITS: .................................................................................................................................................... 5 1.4.8. POSTING AND FILING OF REGULATIONS: ........................................................................................ 5 1.5 . PROJECT COORDINATION: .............................................................................................................................. 5 1.5.1. PERSONNEL: ............................................................................................................................................. 5 1.6 . RESPIRATORY PROTECTION : ......................................................................................................................... 5 1.6.1. GENERAL: ................................................................................................................................................... 5 1.6.2. RESPIRATORS FOR ABATEMENT OPERATIONS: ........................................................................... 6 1.7 . WORKE RPROTECTION: ................................................................................................................................... 6 1.7.1. TRAINING PRIOR TO ENGAGING IN ABATEMENTWORK: ............................................................ 6 1.7.2. MEDICAL EXAMINATIONS : ..................................................................................................................... 6 1.7 .3. PROTECTIVE CLOTHING: ....................................................................................................................... 7 1.7.4. ENTERING AND EXITING PROCEDURES: .......................................................................................... 7 1. 7 .5. DE CONT AMI NATION PROCEDURES: .................................................................................................. 7 1.7.6 . LIMITATIONS WITHIN WORK AREA : .................................................................................................... 8 1.8. DECONTAMINATION FACILITIES: ................................................................................................................. 8 1.8 .1. DESCRIPTION: ........................................................................................................................................... 8 1.8.2. GENERAL REQUIREMENTS : .................................................................................................................. 8 1.8 .3. TEMPORARY UTILITIES TO PDF AND EDF : ....................................................................................... 9 1.8.4. DECONTAMINATION FACILITIES (DF): ................................................................................................ 9 1.9. NEGATIVE PRESS URE 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 BARRIERS AND 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 : .......................................................................................................................... 11 1.10.6. EXTENSION OF WORK AREA : ........................................................................................................... 12 1.10.7 . SECONDARY BARRIERS: ................................................................................................................... 12 1.11. MONITORING, INSPECTION AN D TESTING: ............................................................................................ 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 ACTIVITIES: ..................................................................................................................... 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. WETTING MATERIALS: .......................................................................................................................... 16 2 .2 .2. SITE PREPARATION : ............................................................................................................................. 16 2.2 .3. PERSONAL PROTECTION : ................................................................................................................... 16 2.2.4. THERMAL SYSTEM INSULATION: ...................................................................................................... 16 2.2 .6 WALL AND CEILING TEXTURE ............................................................................................................. 20 2.3. DISPOSAL OF ACM AND ACE WASTE MATERIAL: .................................................................................. 21 2 .3.1. GENERAL: ................................................................................................................................................. 21 2 .3.2 . PROCEDURES : ........................................................................................................................................ 22 2.4. PROJECT DECONTAMINATION : ................................................................................................................... 22 2 .4 .1. GENERAL: ................................................................................................................................................. 22 2 .4 .2 . WORK AREA CLEARANCE: .................................................................................................................. 22 2.4.3 . WORK DESCRIPTION: ........................................................................................................................... 22 2.4.4. PRE-DECONTAMINATION CONDITIONS: ......................................................................................... 22 2.4.5. FIRST CLEANING : ................................................................................................................................... 23 2 .4 .6 . SECOND CLEANING : ............................................................................................................................. 23 2.4.7 . PRE-CLEARANCE INSPECTION AND TESTING: ............................................................................. 23 2.4.8 . LOCK-BACK ENCAPSULATION: .......................................................................................................... 23 2.5. FINAL AIR CLEARANCE TESTING ............................................................................................................... 23 2 .5.1 . GENERAL: ................................................................................................................................................. 23 2 .5.2. FINAL TESTING : ...................................................................................................................................... 23 2 .5.3. FINAL TESTING PROCEDURES: ......................................................................................................... 24 2.5.4. SCHEDULE OF AIR SAMPLES WITH PCM : ....................................................................................... 24 2.5.5. LABORATORY TESTING FOR PCM : ................................................................................................... 25 2.5.7 . FINAL AIR TESTING REQUIREMENTS: ............................................................................................. 25 2.6. ABATEMENT CLOSEOUT AN D CERTIFICATE OF COMPLIANCE: ......................................................... 25 2.6 .1. COMPLETION OF ABATEMENT WORK: ............................................................................................ 25 2.6 .2. CERTIFICATE OF COMPLETION BY CONTRACTORS : .................................................................. 26 Appendix A ............................................................................................................................................................. 27 Attachments ........................................................................................................................................................... 27 CERTIFICATE OF COMPLETION ....................................................................................................................... 1 Appendix 8 ............................................................................................................................................................... 2 Appendix A: Attachments Appendix B: Specification Drawings ASBESTOS REMOVAL PART 1 -GENERAL SECTION, ASBESTOS REMOVAL SPECIFICATIONS 1.1. SUMMARY OF THE WORK 1.1.1. CONTRACT DOCUMENTS AND RELATED REQUIREMENTS: General provisions of the contract, including general and supplementary conditions, apply to the work of this section. The contract documents show the work of the contract and related re- quirements and conditions impacting the project. Related requirements and conditions include applicable codes and regulations, notices and permits , existing site conditions and restrictions on use of the site , requirements for partial owner occupancy during work, coordination with other work and phasing of work. Whenever there is a conflict or overlap of the above refer- ences , the more stringent provisions apply. 1.1.2. EXTENT OF WORK: A brief summary of the extent of the work and non-binding to the contract documents is as fol- lows: BASE BID: Removal and disposal of asbestos-containing materials (ACM) and asbestos-contaminated elements (ACE) utilizing wet methods within full, negative-pressure containments equipped with HEPA ventilation from specified areas of the buildings . The following asbestos-containing ma- terials (ACM) will be removed at the property where applicable. 27 1 1 Guen t her Avenue North , Fort Worth , Texas Light ceiling texture Northern portion of -400 SF and joint compound main room Popcorn ceiling tex-Main room, south -500 SF ture side and restrooms Heavy wall texture Restrooms -350 SF and joint compound The Work Area will be inclusive of the locations and the quantities noted above , in the attached drawings, and as directed by a representative of IHST. The Work may be broken down into multiple Work Areas at the discretion of the Contractor. However, the Contractor will receive no additional time to perform the work on the basis of 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 . )/~ I<. ffaa.,(a DSHS License 10-5040 Expires 12-31-0911 Page 1 ASBESTOS REMOVAL 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. Power and Water Connections: The Contractor will supply water and power for this project. 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 will have to build a false ceiling above the plaster lathe which will be removed to provide structural support for an asbestos containment work area provided the containment remains sound and is not in danger of collapse. The Con- tractor should make every effort not to damage the interior walls of the building during the pro- ject. 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 full containment design must be structurally sound so that it will not collapse under negative pressure and work conditions. A structurally unsound containment design will not be ac- cepted. The full containment design will consist of one (1) layer of 6-mil polyethylene sheeting for all critical barriers, floors and walls. Two layers of polyethylene sheeting will be required on walls and floors not affected by the abatement. Polyethylene sheeting shall meet the requirements in accordance with current TDSHS rules. The Contractor must establish negative air into the containment and maintain a pressure differential of -0.02 inches of water as indicated by a working manometer. 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. )/~I( ~fr DSHS License 10-5040 Expires 12-31-11 Page 2 ASBESTOS REMOVAL 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 corrected. Standby time and cost required for corrective action is at Contractor's expense . The occurrence of the following events will be re- ported in writing to the Owner's Representative and will require the Contractor to automatically stop asbestos removal and initiate fiber reduction activities: A. Excessive airborne fibers outside containment area (0 .01 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. )/,14~1.J<. ~If DSHS License 10-5040 Expires 12 -31-0911 Page 3 ASBESTOS REMOVAL E. Fire and safety emergency F. Respiratory system failure. G. Power failure . H. Excessive a irborne fibers ins ide 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 med ical records of personnel as required by the applicable federal , state , and local regulations . Contractor will hold the Owner and Consultants harmless for failure to comply with any applicable work , hauling, disposal , safety, health or other on the part of himself, his employees , or his subcontractors . Contractor incurs all costs to comply with OSHA regulations . The Abatement Contractor will determine the applicability of any process patents he/she may be employing and be responsible for paying any fees, royalties or licenses that may be required for the use of patented processes. 1.4.3. STATE REQUIREMENTS: State requirements which govern asbestos abatement work or hauling and disposal of asbestos waste materials include but are not limited to the following : Texas Department of State Health Services , Texas Asbestos Health Protection Act , as amended , Chapter 1954 , Texas Occupations Code, effective June 1, 2003 , formerly Texas Civil Statutes , Article 4477-3a. 1.4.4. LOCAL REQUIREMENTS: The Contractor is responsible to comply with all applicable local requirements regarding asbes- tos abatement activities . 1.4.5. NOTICES: STATE OF TEXAS, TEXAS DEPARTMENT OF STATE HEALTH SERVICES Send Written Notification as required by the State of Texas .Texas Asbestos Health Protection Act, as amended, Chapter 1954 , Texas Occupations Code , effective June 1, 2003, formerly Texas Civil Statutes , Article 4477-3a . Send at least 10 working days prior to asbestos abate- ment activities to the following address: Page4 ASBESTOS REMOVAL 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 1-800-5 72-5548 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 Civil Statutes, Article 4477-3a, Section 12) asbestos regulations . 1.4.6. PERMITS: The Contractor will be responsible for any permits . 1.4.7. LICENSES: Maintain current licenses as required by the Texas Department of State Health Services Rules as adopted under Texas Civil Statutes , Article 44 77-3a , Section 12 for the removal , transporting , disposal or other regulated activity relative to the work of this contract. 1.4.8. POSTING AND FILING OF REGULATIONS: Maintain two (2) copies of applicable federal, state and location regulations. Post one copy of each at the job site where workers will have ready, easy and daily exposure to the text. Keep on file in Contractor's office one copy of each . 1.5. PROJECT COORDINATION: Minimum administrative and supervisory requirements necessary for coordination of work on the project are personnel , contingency arrangements and security. 1.5.1. PERSONNEL: Administrative and Supervisory Personnel: will consist of a qualified general superintendent, and appropriate number of qualified or competent foremen to complete abatement within con- tract time. Non-Supervisory Personnel: An adequate number of qualified personnel will be able to meet the schedule requirements of the project. 1.6. RESPIRATORY PROTECTION: 1.6.1. GENERAL: Provide respiratory protection in accordance with these specifications, the OSHA regulations 29 CFR 1910.1001 , 29 CFR 1910 .134 and 29 CFR 1926.1101, EPA regulations 40 CFR 763.120, Page 5 ASBESTOS REMOVAL 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 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. Page 6 ASBESTOS REMOVAL 1.7.3. PROTECTIVE CLOTHING: Provide boots, safety glasses and gloves for all workers. Equipment will meet OSHA require- ments for personal protection . Provide all persons entering the work area with disposable full body coveralls, disposable head covers and rubber boots. 1. 7.4. ENTERING AND EXITING PROCEDURES: Provide worker protection per most stringent appl icable 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 shower room to equipment room, and put on work boots . 1. 7.5. DECONTAMINATION PROCEDURES: Require all workers to adhere to the following personal decontamination procedures whenever they leave the work area of a full decontamination unit: Three-stage Wet Decontamination : Require that all workers use the following decontamination procedure as a minimum require- ment whenever leaving the work area: 1. When exiting work area, remove disposable coveralls, and all other clothes disposable head covers , and disposable footwear covers or boots in the equipment room. 2. Still wearing respirators, and completely naked proceed to showers . Showering is man- datory. Care must be taken to follow reasonable procedures in removing the respirator to avoid asbestos fibers while showering. The following procedure is required as a minimum: a. Thoroughly wet body including hair and face. If using a Powered Air-Purifying Respi- rator (PAPR) hold blower unit above head to keep canisters dry. b. With respirator still in place thoroughly wash body , hair, respirator face piece , and all parts of the respirator except the blower unit and battery pack on a PAPR. Pay par- ticular attention to clean seal between face and respirator and under straps. c . Take a deep breath, hold it and/or exhale slowly , completely wet hair, face , and respi- rator. While still holding breath, remove respirator and hold it away from face before starting to breath. 3. Carefully wash facepiece of respirator inside and out. If using PAPR , shut down in the following sequence, first cap inlets to filter cartridges , then turn off blower unit (this se- quence will help keep debris which has collected on the inlet side of filter from dislodging and contaminating the outside of the unit). Thoroughly wash blower unit and hoses . Carefully wash battery pack with wet rag. Be extremely cautions of getting water in bat- tery pack as this will short out and destroy battery. 4. Shower completely with soap and water. Rinse thoroughly. 5. Rinse shower room walls and floor prior to exit. 6 . Proceed from shower to Changing Room and change into street clothes or into new dis- posable work items . Page7 ASBESTOS REMOVAL Air Purifying-Negative Pressure Respirators: Require that all workers use the following decontamination procedure as a minimum require- ment whenever leaving the work area with a full face cartridge type respirator: 1. When exiting area, remove disposable coveralls, and all other clothes disposable head- covers, and disposable footwear covers or boots in the equipment room . 2. Still wearing respirators and completely naked , proceed to showers. Showering is man- datory . Care must be taken to follow reasonable procedures in removing the respirator and filters to avoid asbestos filters while showering. The following procedure is required as a minimum : a. Thoroughly wet body from neck down. Wet hair as thoroughly as possible without wetting the respirator filter if using an air purifying type respirator. b. Take a deep breath, hold it and/or exhale slowly, complete wetting of hair, thoroughly wetting face, respirator and filter (air purifying respirator). While still holding breath , remove respirator and hold it away from face before starting to breath. 3. Dispose of wet filters from air purifying respirator. 4. Carefully wash facepiece of respirator inside and out. 5. Shower completely with soap and water. Rinse thoroughly. 6 . Rinse shower room walls and floor prior to exit. 7. Proceed from shower to Changing Room and change into street clothes or into new disposable work items. 1.7.6. LIMITATIONS WITHIN WORK AREA: Ensure that workers do not eat, drink, smoke, chew gum or tobacco, or in any way break the protection of the respiratory protection system in the work area . 1.8. DECONTAMINATION FACILITIES: 1.8.1. DESCRIPTION: Provide each work area with separate personnel decontamination facility (PDF) and equipment decontamination facility (EDF). Ensure that the PDF is the only means of ingress and egress for the work area and that all equipment, bagged waste material and other material exit the work area only through the EDF or the PDF. 1.8.2. GENERAL REQUIREMENTS: All persons entering and exiting the work area will follow the entry and exit procedures required by the applicable regulations and these specifications. Process all equipment and material exit- ing the work area through the EDF or PDF and decontaminate as required by the specifications . Construct walls and ceilings of PDF and EDF airtight with at least 6 mil polyethylene sheeting and attach to existing building components or to a temporary framework. The EDF and PDF may be combined if the size of the work area will not permit both. Use a minimum of two layers of 6-mil opaque polyethylene to cover floor under PDF . Construct doors from overlapping polyethylene sheets so that they overlap adjacent surfaces. Weight sheets at bottom so that they quickly close after release. Put arrows on sheets showing direc- tion of overlap and travel. Page 8 ASBESTOS REMOVAL 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. DECONTAMINATION FACILITIES (DF): Provide a PDF consisting of serial arrangement of clean room, showers room and equipment room. Provide adequately sized DF to accommodate the number of employees scheduled for the project. The center chamber of the three chamber DF will be fitted with as many portable walk through shower stalls as necessary so that all employees will be able to go through the 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 manometer, before disturbance of any asbestos containing materials. This pressure differential will be used for either negative air system or pressure differential system. Page 9 ASBESTOS REMOVAL 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. 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 finishes from the asbestos abatement work. Should the area beyond the seal off limits become contaminated as a consequence of the work, clean those areas in accordance with procedures described in this section at no additional cost. 1.10.2. PREPARATION PRIOR TO SEALING OFF: Place all tools, staging, etc. necessary for the work in the area to be isolated prior to erection of temporary plastic sheeting enclosure. Disable ventilating systems or any other system bringing air into or out of the work area. Disable system utilizing positive means that will prevent acci- 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. 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 Page 11 ASBESTOS REMOVAL 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 barrier is breached in any manner that could allow the passage of asbestos de- bris or airborne fibers, then where possible, add affected area to the work area. Enclose it as required by this Section of the specification and decontaminate it as described elsewhere in this section . If contaminated area cannot be added to work area, decontamination measures will start immediately after contamination is discovered and work will stop in work area. Decontami- nation procedures will continue until exposure returns to background levels. 1.10.7. SECONDARY BARRIERS: Secondary barriers should be established in areas to separate any non-related work activity from the abatement containment to prevent dust or debris from potentially contaminating fresh air (make-up air) into the containment or regulated asbestos removal area . 1.11. MONITORING, INSPECTION AND TESTING: 1.11.1. GENERAL: Perform throughout abatement work monitoring, inspection and testing inside the work area in accordance with OSHA requirements and these specifications . I.H . Technician will continuously inspect and monitor conditions inside the work area to ensure compliance with these specifica- tions. In addition , the I.H. will personally manage air sample collection, analysis and evaluation for personnel and work area samples to satisfy OSHA requirements. Additional inspection and testing requirements are specified in other parts of this section . The Owner will employ a Certified Industrial Hygienist (C.I.H.) representative to perform various services on behalf of the Owner. The C.I.H. representative or representative under the direction of a C .I.H. will perform the necessary monitoring, inspection, testing and other support services to ensure that the Owner, employees and visitors will not be adversely impacted by the abate- ment worked, and that the abatement work proceeds in accordance with these specifications, that the abated areas or abated buildings have been successfully decontaminated. The work of the C.I.H. representative in no way relieves the abatement Contractor from his responsibility to perform his work in accordance with contract documents, to perform continuous inspection, monitoring and testing for the safety of his employees, and to perform other such services as specified in this section. The cost of the CIH representative and his services will be born by the Owner except for repeated final inspection and testing that may be required due to unsatisfac- tory initial results. These repeated final inspections and testing, if required, will be paid for by the Contractor. Page 12 ASBESTOS REMOVAL 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 build ing as decontaminated . The Owner's Representative will make available to the Contractor the plan for sample collection and analysis for continuous monitoring outside the work areas and the plan of final inspection and testing for each space or building prior to executing each plan. Plan will include location for samples, name and qualification of Page 13 ASBESTOS REMOVAL person taking samples, whether on site analysis and/or lab analysis will be utilized, methodol- ogy of analysis, lab information and qualifications of on-site analyst. 1.11.3. MONITORING, INSPECTION AND TESTING BY ABATEMENT CONTRACTOR: The Contractor is responsible for managing all monitoring, inspection and testing required by these specifications and the OSHA requirements . The analytical laboratory that will be used by the Contractor to analyze the samples will be AIHA P.A.T. Accredited and Texas Department of State Health Services Licensed. Keep a daily log of personnel samples taken and analyzed and make log available to the Owner's Representa- tive. Log will contain information on the persons sampled, the date of sample collection the time of sample start and finish, flow rate, sample volume and fibers/cc . Take and analyze personnel samples for at least 25% of the workers in each shift, but not less than two where active abate- ment takes place. 1.11.4. ANALYSIS: Bulk samples (if required) will be analyzed at a laboratory that is Accredited by the National Vol- untary Laboratory Accreditation Program (NVLAP). Proof of accreditation must be submitted prior to the project start date. Polarized light microscopy will be used to analyze bulk samples. Air samples will be analyzed by an individual participating in the American Industrial Hygiene Association's (AIHA) Proficiency Analytical Testing Program. In addition to the continuous monitoring required, the Owner's Representative will perform in- spection and testing at the final stages of abatement for each work area or building as specified elsewhere in this section. 1.12.5. SUBMITTALS AT COMPLETION OF ABATEMENT: The Contractor will submit a final project report consisting of the daily log book and the docu- mentation of events during abatement including the original disposal manifests signed by the operator of licensed landfill. The project report will include a certificate of completion, dated and signed by the Contractor. All certificates and original disposal manifests are due to the Owner's Representative office within 30 (thirty) days after completion of abatement work. PART 2 -EXECUTION 2.1. PREABATEMENT ACTIVITIES: 2.1.1. PREABATEMENT MEETING: The Owner's Representative, upon receipt, review and substantial approval of all preabatement submittals and upon verification that all material and equipment required for the project are on site, will arrange for a preabatement meeting between the Asbestos Abatement Contractor, su- perintendent and foremen and the Owner's Representatives. The purpose of the meeting is discuss any aspects of the submittals needing clarification or amplification and to discuss any aspects of the project execution and the sequence of operations. The Asbestos Abatement Contractor and his employees will be prepared to provide any sup- plemental evidence and information to the Owner's Representative pertaining to any aspects of Page 14 ASBESTOS REMOVAL 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. PREABA TEMENT 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 w ill 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 . Potent ial 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 CONSTRUCT/ON AND OPERATIONS: Perform all preparatory work for the first work area in accordance with the approved detailed work schedule. Execute the preparatory work in accordance with this specification. Upon completion of all preparatory work , the Owner's Representative will inspect the work and systems to assure work is in accordance with these Specifications. The Owner's Representa- tive may require that , upon satisfactory inspection, the Contractor's employees perform all major aspects of the approved SOP especially on worker protection, respiratory protection, contin- gency plans, decontamination procedures and monitoring to demonstrate satisfactory operation . The operating systems for respiratory protection and negative pressure air systems will be demonstrated for performance . Upon satisfactory inspection of the installation and systems and satisfactory demonstration of operations the Owner's Representative will notify the Contractor to proceed with abatement work. Page 15 ASBESTOS REMOVAL 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. THERMAL SYSTEM INSULATION: The Contractor may remove the pipe insulation and elbows in a full containment or use a glove bag. If a glovebag is usued the procedures listed below will be used: The minimum crew size for a glovebag operation is two: one member performs the actual re- moval with "hands in the gloves" and the second directs the spray wand at the work. It is rec- ommended that three people be used. The third helps support the bag , makes sure tools and suppl ies are readily available , and is on hand in case of emergency. All crew members should be trained in the use of the glovebag . The Contractor will erect critical barriers and establish negative air filtration. Rope off work area and place warning signs. Bring the necessary materials into the work area. Have a HEPA vac- uum system available at all times. The HEPA vacuum will be used to establish negative air fil- tration inside of the glove bag. Page 16 ASBESTOS REMOVAL Make sure that possible contaminants in the area have been cleaned with the proper methods before beginning the glovebag procedure to avoid confusion concerning the source of the mate- rial. Wrap the adjacent pipe not to be enclosed in the glovebag with 6-mil plastic . Cover surfaces, such as the floor and walls, near the glovebag removal site with 6-mil plastic. Disposable clothing and full-face PAPR respirators will be worn be any person performing glovebag removal. If fiber counts generated during abatement do not exceed the protection fac- tor of a half-face respirator during glovebag removal of TSI, and this can be verified by on-site PCM fiber counts, a half-face respirator may be used. Wrap duct tape around the insulation where the shoulders of the glovebag will be attached. Put the necessary tools in the pouch of the glovebag. Slit the glovebag as necessary to fit it over the pipe from which insulation is to be removed. Attach the glovebag to the previously applied duct tape at the shoulders. Fold the top edge of the bag between shoulders over on itself about an inch , then staple it about every two inches. Fold it again and tape the folded edge to the bag. Seal all joints with duct tape. Prepare the opening for the spray wand. If the manufactured location is not accessible, be sure to reinforce the bag with duct tape where the slit is to be made. Slit must be covered with rub- ber septum-like material that will seal after the wand is removed. Be sure the sprayer and bag are properly supported. The glovebag will have to have a smoke test to assure that the bag is sealed. Assemble the tube and bulb. Insert the tube into the slit prepared for the spray wand. Fill the bag with smoke and gently squeeze. Watch for leaks particularly at seams , joints, comers, and arms. Seal leaks with duct tape. Establish negative air filtration of the glovebag before any removal operations take place . Wet the covering of the insulation, keeping it wet through the entire operation. Remove any metal covering with the tin snips. Remove the outer covering of the insulation. This may expose wire that needs to be cut before proceeding. Be sure that sharp edges of metal and wire are folded inward to avoid puncturing the bag. It may be possible to further pro- tect the bag by packing insulation, which has already been removed from the pipe and placed at the bottom of the bag, around sharp edged material. Remove the insulation. If possible, remove sections as they were installed. Otherwise use the utility knife and/or the flex saw to cut out the section which is then pried off. Keep the insulation (especially newly exposed surfaces) wet during the procedure. As pieces of insulation are removed, lower them carefully to the bottom of the bag. Using the putty knife and the screwdriver, scrape any remaining residue from the pipe. Rinse the pipe while scraping. Clean the pipe with the scrub brush. Page 17 ASBESTOS REMOVAL Wipe all cleaned surfaces with a wet rag and put the rag in the bottom of the bag. Rinse and wipe the inside of the glovebag . Rinse and wipe the tools , then put them in the pouch . Develop a check list to inventory tools in the glovebag. Pull one arm out of the glovebag , inverting the glove in the process. With the other hand , place tools in the inverted glove. Grasp the remaining tools and place them in the other glove as the second arm is withdrawn . After the bag has been collapsed and the bottom twisted off, twist the gloves between the tool and the glovebag and wrap with tape for about four inches starting at the bag . Leave a tab and cut through the tape. Either transfer the glove to a new bag (if work is to continue) or open the bag under water and remove the tools , making sure they are free from debris . Remove the spray wand and insert the nozzle of the HEPA vacuum in the slit. Turn the vacuum on and run it long enough to collapse the bag. Twist the bag and wrap it with duct tape just below the gloves and remove the HEPA vacuum nozzle. Glovebags may only be used once and may not be moved . When the bag is finally to be removed from the pipe, fold the dirty side inward and put it in a 6- mil disposal bag. Seal the disposal bag. Inspect the sections of the pipe where the insulation has been removed . Remove any remain- ing material with a wet rag or the HEPA vacuum . Apply a coat of sealant to the pipe. Clean up any debris or water on the floor with wet rags and/or the HEPA vacuum . As in any asbestos related project, the work area should be kept free of debris. Any contamina- tion should be cleaned up immediately. When the work day is complete , (or as soon as the pro- ject is complete) the work area should be cleaned using wet methods and/or a HEPA vacuum . All glovebags should be removed from the pipes at the end of the work day ( or as soon as the procedures are completed) and placed in double layer 6-mil asbestos disposal bags . Dispose of waste in accordance with regulations for asbestos waste found in these specifications. Workers should pass through a complete decontamination facility when exiting the work area . If the bag develops a leak, stop work inside the bag. Catch the water in a plastic disposal bag. Lift and move the bag so that water stops running out. Do not "pump" the bag in a way that would force air out. Twist the bag in the area of the puncture to form a stem , dry the surface and tape it securely closed. Clean up the contaminated water and debris from the floor immedi- ately using wet methods and/or the HEPA vacuum. Dispose of the waste properly. Page 18 ASBESTOS REMOVAL Alternate removal techniques may be used if approved by the CIH . 2.2.5. FLOOR TILE AND MASTIC: Those areas normally exposed to heavy foot traffic patterns usually have tiles adhered the tight- est. As a matter of good practice in starting the tile removal, those sections which receive the least traffic should be the locations selected for starting the removal of the tile. Since tiles are normally in a 9" x 9" or 12" x 12" dimension, it should be the goal to remove individual tiles as a complete unit to the best extent possible . Start the removal by carefully wedging the wall scraper in the seam of two adjoining tiles and gradually forcing the edge of one of the tiles up and away from the floor. Do not break off pieces of the tile but continue to force the balance of the tile up by working the scraper beneath the tile and exerting both a forward pressure and a twisting action on the blade to promote re- lease of the tile from the adhesive and the floor. When the first tile is removed, place it, without breaking into smaller pieces, in the heavy-duty impermeable waste bag or closed impermeable container which will be used for disposal. With the removal of the first tile accessibility of the other tiles is improved. Force the wall scraper under the exposed edge of another 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 bums. 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- Page 19 ASBESTOS REMOVAL 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 . 2.2.6 WALL AND CEILING TEXTURE AND The asbestos texture will be kept wet and removed by wet scraping or as intact sheetrock and ceiling tile sections utilizing hand tools and a low water volume, short distance power diffusing "Airless" sprayer. The asbestos plaster texture and texture on CMU block will be kept wet and removed utilizing hand tools and a low water volume, short distance power diffusing "Airless" sprayer. The minimum crew size for the operation is three: one member performs the actual removal, the second directs the spray wand at the work and the third worker collects and contains the wet ACM debris generated during the work. It is recommended that four workers be utilized in the procedure . The fourth person provides support during the work, making sure tools and supplies are readily available, and is on hand in case of emergency . All crew members should be trained in the use of the wet scraping procedure . The Contractor will erect critical barriers and establish negative air filtration. Rope off work area and place warning signs. Bring the necessary materials into the work area. Have a HEPA vac- uum system available at all times . The HEPA vacuum will be used to remove debris which may settle in remote areas such as corners , cracks or crevices in the work area. Make sure visible ACM debris and dust in the area have been wetted with amended water and cleaned with the proper methods before beginning the procedure to avoid confusion concerning the source of the material. Cover floor with a minimum of two layers of 6 mil plastic sheeting if flooring is not being re- moved , and cover wall surfaces with a minimum of two layers of 4 mil plastic sheeting . The top polyethylene sheeting layer may be removed as part of the detail cleaning process after gross removal. Hard hats, disposable clothing and full-face PAPR respirators will be worn by all persons per- forming the ACM removal. Establish negative air filtration in the containment before any removal operations take place. The containment may be smoke tested to assure the negative pressure inside the containment is adequately sealed . Assemble the smoke tube and bulb. Generate short bursts of smoke in Page 20 ASBESTOS REMOVAL the conta inment 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. 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 Page 21 ASBESTOS REMOVAL 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 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. Page 22 ASBESTOS REMOVAL 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. 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 ins ide 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. Page 23 ASBESTOS REMOVAL 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. 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 Represe ntative 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. 2-3 PCM 0 .01 1,000 2-15 utside Entrance to De-PCM 0 .01 1,000 2-15 ntamination Facilit Outside Bag-out Area 1 PCM 0 .01 1,000 2-15 Output Negative PCM 0 .01 1,000 2-15 Page 24 ASBESTOS REMOVAL Location Sampled Number of Sam-Analytical Method Detection Limit Minimum Vol-Ratell?M h ,:tt:'' pies Fibers/cc. ume<Uters) % ·-'*•b. 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 P.A.T . accredited testing laboratory will be employed by the Owner to perform PCM analysis of the air samples collected prior to final clearance testing. A technician will be at the job site, and samples will be analyzed on-site. A complete record, certified by the testing laboratory, of all air monitoring tests and results will be furnished to the Owner and the Abatement Contractor. The analytical laboratory must be licensed in accordance with State of Texas Civil Statutes Article 4477-3a pg. 295.54 in addition to being AIHA 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 ,,, I"*' Analysis Analytical Sens!-Recommended Rate Sampled Samples Method tivity Volume ll?M 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 Outside Blank 1 PCM <0 .005 0 Open for 30 Seconds Laboratory Blank 1 PCM <0.005 0 Do Not Open Release Criteria: Decontamination of the work site is complete when every work area sample is at or below 0.01 FIBERS/CC. 2.6. ABATEMENT CLOSEOUT AND CERTIFICATE OF COMPLIANCE: 2.6.1. COMPLETION OF ABATEMENT WORK: The asbestos abatement contractor will seal negative air machines with 6 mil polyethylene sheet and duct tape to form a tight seal at intake end before being moved from work area. Complete asbestos abatement work upon meeting the work area clearance criteria and fulfilling the following: Page 25 ASBESTOS REMOVAL 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. 2.6.2. CERT/FICA TE OF COMPLETION BY CONTRACTORS: The Contractor will complete and sign a "Certificate of Completion " in accordance with attach- ment #1 at the completion of the abatement and decontamination of a work area. Page 26 Appendix A Attachments 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 ( B Hall en's restroom 1 Popcorn ceiling texture -- -----------J r-------, en's 1 ~. _.__.__,l,,LL& --- 1 I restroom . I Light ceiling texture & joint compound Popcorn ceiling N )/t1&ff-I(· &-1-ifr' texture Heavy wall texture & joint compound Dance floor Hideaway Bar 1111 2711 Guenther North Fort Worth , Texas Asbestos Specification Project# 18757 Drawing #1 OCCUPATIONAL HEAL T Not To Scale CONSULT ANTS 2235 Keller Way Drawn by : AHG Date : 01/19/2011 Carrollton , Texas 75006 TEL (972) 478-7415 Lie: 10-5040 Exp : 12/31/2011 FAX (972) 478-7615 H