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2009-043-RES-Asbestos AbatementRESOLUTION NO. 2009-043 A RESOLUTIOIV OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR ASBESTOS ABATEMENT AT THE BUILDING KNOWN AS THE ONE OAK PLACE BUILDING; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING A1V EFFECTIVE DATE. WHEREAS, the City of Paris advertised for sealed proposals for asbestos removal at the One Oak Place apartment building located at 655 Graham Street, Paris, Texas (the "Building") which has been declared as a hazardous structure by the Building Standards Commission and is scheduled to be demolished, which proposals were received until 2:00 o'clock p.m., Tuesday, the 14th day of April, 2009; and, WHEREAS, the City retained Brady Environmental Services, Inc. as the City's environmental consultant to prepare the technical requirements for asbestos abatement at the Building, to review all proposals submitted and recommend the most qualified asbestos abatement contractor to the City Council for award of contract; and, WHEREAS, Brady Environmental Services, Inc., having reviewed all the respective proposals against the criteria established in the Request for Proposals received by the City, has determined that Total Abatement Systems Corporation (TASCO) of Royce City, Texas, had submitted the best qualified proposal providing the best value to the City; and, WHEREAS, based on the aforesaid recommendation of Brady Environmental Services, Inc., the City Council finds and determines that the most qualified proposal received for this project was TASCO of Royce City, Texas, at a bid price of $127,000.00; and, WHEREAS, based on said finding, the City Council further finds and determines that TASCO of Royce City, Texas, should be awarded the bid for said abatement project in the total amount of $127,000.00; and, WHEREAS, the form of the contract for such asbestos abatement project, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the proposal of TASCO of Royce City, Texas, for asbestos removal at the One Oak Place, in the amount of $127,000.00, is the most qualified proposal providing the best value for the City, and the same is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute and enter into a contract with TASCO, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 27th day of April, 2009. .~,.t~- ~,,~vts-► ~ J sse Jame Freelen, Mayor ATTEST: . , nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent 1 r, City Attorney Brady Environmental Services, Inc. ABATEMENT PROJECT AGREEMENT This agreement made this between day of in the year 2009, by and hereinafter called the contractor, and the City of Paris, Texas, hereinafter called the owner, work to be covered under this contract represents the following: The contractor and the owner for the consideration hereinafter named agree as follows: PART 1 SCOPE OF WORK: The contractor shall furnish all of the materials and perform all of the work shown on the drawings and described in the specifications entitled: Asbestos Abatement Project Design Scope of Work - One Oak Place (655 Graham Street, Paris, Texas), as prepared by Brady Environmental Services, Inc., consultant for the owner, acting as and in these contract documents entitle the consultant and shall do everything required by this agreement, the General Conditions of the Contract, the Supplemental General Conditions, Special Conditions, Addenda, the Specifications, and the Drawings, as prepared by Brady Environmental Services, Inc. DRAWINGS: The following diagrams identify areas to be included as part of this contract: Diagrams are used for additional information and may or may not encompass the complete scope of work. ALTERNATES: The following alternates, fully described in the specifications are included as a part of this contract. PART 2 TIME OF COMPLETION: The work to be performed under this contract shall be commenced as specified in the Scope of Work, and as stated in the proposal, and completed within these time frames. The time set forth for completion of the work is an essential element of this contract. Failure to complete the project within the specified time frame may subject the contractar to liquidated damages as set forth within the specifications. PART 3 THE CONTRACT SUM: The owner shall pay the contractor for performances of the contract, subject to additions and deduction as provided herein. The total lump sum of ) represents the contract sum. The owner shall make payments on account as hereinafter provided and as approved by Brady Environmental Services, Inc. 1 of 2 EXHIBi3 L Brady Environmental Services, Inc. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Contractor Company Name: Address: By: Title: Date: Owner Company Name: City of Paris, City Manager Address: PO Box 9037 Paris, Texas 75461 2 of 2 Brady Environmental Services, Inc. To: City of Paris City Manager PO Box 9037 Paris, Texas 75461 INSURANCE AFFIDAVIT To Be Completed By Insurance AgentBroker and submitted with Contractor's proposal forms. I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified contractor. If the below identified contractor is awarded this contract by City of Paris, Paris, Texas, I will be able to, within ten (10) days after being notified of such award, furnish a valid insurance certificate to the City of Paris meeting all of the requirements defined in this bid/proposal. Agent (Signature) Agent (Print) Name of Agent/Broker: Address of AgentBroker: City/State/Zip: Agent/Broker Telephone: Date: Contractor's Name: (Print or Type) Bond Coverage Provided for (indicate all that apply): Commercial General Liability Worker's Compensation Insurance Automobile Policy Brady Environmental Services, Inc. PARTIAL CERTIFICATE, WAIVER AND RELEASE OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF In consideration of dollars, which is the total sum due for the work furnished at the City of Paris, through the effective date (defined below) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and confessed, the undersigned does hereby waive and release any mechanic's or material man's lien or claims of ]ien, including any constitutional lien or claim thereto, that the undersigned has or may hereafter have on the above mentioned real property and/or improvements thereon on account of any work furnished on or before , 2009 (the effective date), by the undersigned, pursuant that the above noted contract or otherwise. The undersigned further certifies and warrants that there are no known mechanic's or material men's liens outstanding as of the date hereof, that all due payable bills incurred for labor or material and/or equipment with respect to the work have been paid in full. Contractor/Supplier By Title STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, on this day personally appeared of known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she has executed the same for the purpose and consideration and that all information is true and correct. GIVEN under my hand and seal this day of 12009. Notary Seal: Notary Public Signature Printed Name Brady Environmental Services, Inc. FINAL CERTIFICATE, WAIVER AND RELEASE OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF In consideration of ) dollars, which is the total sum due for the work furnished through the effective date at, for for And other good and valuable consideration, the receipt and sufficiency of which is acknowledged and confessed, the undersigned does hereby waive and release any mechanic's or material man's lien or claims of lien, including any constitutional lien or claim thereto, that the undersigned has or may hereafter have on the above mentioned real property and/or improvements thereon on account of any work furnished on or before , 2009 (the effective date), by the undersigned, pursuant that the above noted contract or otherwise. The undersigned further certifies and warrants that there are no known mechanic's or material men's liens outstanding as of the date hereof, that all due payable bills incurred for labor or material and/or equipment with respect to the work have been paid in full. Contractor/Supplier By Title STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, on this day personally appeared of known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she has executed the same for the purpose and consideration and that all information is true and correct. GIVEN under my hand and seal this day of , 2009. Notary Seal: Notary Public Signature Printed Name Brady Environmental Services, Inc. II. GENERAL CONDITIONS These GENERAL CONDITIONS are applicable to the contract by the City of Paris of Paris, Texas for work associated with these contract documents, reference number CS09055. ARTICLE I. CONTRACT DEFINITIONS 1.1 DEFINITIONS Words, phrases, or other expressions used in these contract Documents shall have meanings as follows: a.) "Contract" or "Contract Documents" shall include all documents enumerated under these General Conditions. b.) "Owner" or "Board" shall mean the City of Paris and its duly authorized agents. All notices, letters, and other communication directed to the owner after the award of the contract shall be addressed and delivered to the City of Paris, PO Box 9037, Paris, Texas 75633 Attention: City Manager. c.) "Contractor" shall mean the corporation, company, partnership, firm or individual named and designated in the contract as the "Party of the Second Part", who has entered into this contract for the performance of the work covered thereby, and its, his, hers, or their duly authorized representatives. d.) "Subcontractor" shall mean and refer only to a corporation, partnership, or individual having a direct contract with the contractor to furnish installation labor or labor and materials required for a particular segment of the work. e.) "Field Representative" shall refer to a consultant or project manager entity representing the owner at the project site, designated, appointed, or otherwise employed or delegated by the owner to be in charge of field administration and field management of this project. f.) "Date of Contract" or equivalent words, shall mean the date written in the first paragraph of the Agreement. g.) "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four (24) hours each. h.) "The work" shall mean the equipment, supplies, materials, labor and services to be furnished under the contract and the carrying out of all obligations imposed by the contract documents. i.) Whenever in these contract documents the words "as ordered", "as directed", "as required", "as permitted", "as allowed", or words or phrases of like importance are used, it shall be understood and the order, direction, requirement, permission, or allowance of the owner is intended only to the extent of judging compliance with the terms of the contract, none of these terms shall imply the owner has any authority or responsibility for the supervision of the contractor's forces or construction operations such supervision and the sole responsibility therefore being strictly reserved far the contractor. 1 of 17 Brady Environmental Services, Inc. j.) Similarly the words "approved", "reasonable", "suitable", "acceptable", "proper", "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the owner to the extent provided in "i" above. Other definitions adopted by reference which will apply to this contract include the following: • EPA AHERA 40 CFR Subpart E 763.83 • OSHA 29 CFR 1926.1101 (b) • TAHPA 29532 ARTICLE II. SPECIAL CONDITIONS 2.1 - ORAL STATEMENTS It is understood and agreed that the written terms and provisions of the Agreement shall supersede all oral statements of representatives of the owner, and oral statements shall not be effective or be construed as being a part of this contract. - 2.2 - STANDARD SPECIFICATIONS Reference to standard specifications of any technical society, organization or association, or to codes of local or state authorities, shall mean the latest standard, code specifications, or.tentative specifications adopted and published at the date taking proposals, unless specifically stated otherwise. 2.3 - SCOPE NATURE AND INTENT OF CONTRACT DOCUMENTS Should anything necessary for clear understanding of the work be omitted from the specifications and drawings, or should the requirements appear to be in conflict, the contractor shall secure written instructions from the consultant before proceeding with the work affected thereby. It is understood and agreed that the work shall be performed according to the true intent of the contract documents. 2.4 - LEGAL ADDRESSES Either the business address of the contractor given in the proposal, or the contractor office in the vicinity of the work is hereby designated as the place to which all notices, letters, or other communication to the contractor will be mailed or delivered. The address of the owner is designated as the place to which all notices, letters, and other communication to the owner shall be mailed or delivered and shall be as follows: Owner: City of Paris, PO Box 9037, Paris, Texas 75633 or Consultant: Brady Environmental Services, Inc., P.O. Box 2623, Lindale, Texas 75771. Either party may change their address at any time by an instrument in writing delivered to the other party. 2.5 - PATENTS AND ROYALTIES Royalties and license fees for materials, articles, apparatus, devices, equipment or processes incorporated into the Work or used in 2of17 Brady Environmental Services, Inc. performance of the services hereunder, shall be included in the price. The contractor shall satisfy all demands that may be made at any time for such royalties and fees and the contractor shall have full responsibility with respect to any claims for such fees, royalties, or related costs incident to the use of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others in performance of the services for the owner or incorporation of the completed invention, design, process, product, or device provided by contractor into the wark. Contractor shall indemnify and hold harmless owner from and against all claims of third parties and the related damages, losses and expenses (including attorney's fees and including any license fees or royalties claimed or determined to be due) arising out of any infringement of patent rights or copyrights incident to the performance of the work or resulting from the incorporation in the work of any invention, design, process, product, or device and shall defend all such claims in connection with any alleged infringement of such rights. 2.6 - INDEPENDENT CONTRACTOR Contractor's relationship to owner in the performance of this contract is that of an independent contractor. The personnel performing work under this contract shall at all times be under contractor's exclusive direction and control and shall be employees of contractor and not employees of owner. Contractor shall be fully liable for all acts and omissions of its employees, subcontractors, and their suppliers and shall be specifically responsible for sufficient supervision and examination to assure compliance in every respect with contract requirements. There shall be no contractual relationship between any subcontractor or supplier of contractor and owner by virtue of this contract. No provision of this contract shall be for the benefit of any pariy except owner and contractor. Contractor shall pay all wages, salaries and other amounts due its employees in connection with this contract and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 2. 7- RELATIONS WITH SUBCONTRACTORS AND OWNER The contractor shall hire any subcontractors that are necessary to complete the project that are approved by the owner. The contractor shall cooperate with the subcontractors and employees of the owner, and conduct contractor's operations so as to interfere to the least possible extent with the works of such subcontractors, and employees of the owner. 2.8 - PROTECTION OF PERSON AND PROPERTY The contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The contractar shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to: a.) All employees on the work and all other persons who may be affected thereby, and; 3of17 Brady Environmental Services, Inc. b.) All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the contractor or any of its subcontractors or sub-subcontractors; and c.) Other property at the site ar adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of performance of these services. 2.81 The contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, asbestos exposure, injury or loss. These rules and regulations include, but are not limited to: • EPA's National Emissions Standards for Hazardous Air Pollutants (NESHAPS) 40 CFR Part 61, Sub-parts A and M • Texas Department of State Health Services concerning Texas Asbestos Health Protection Act • EPA's final Asbestos Rules, 40 CFR Part 763 (AHERA) • OSHA's final Asbestos Rules, for the construction industry, found at 29 CFR Section 1926.1101, and following; and where applicable, for general industry, found at 29 CFR 1910.1001 and following 2.8.2 The contractor shall erect and mainfain, as reyuired by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 2.8.3 The contractor shall promptly remedy all damage or loss to any property caused in whole or in part by the contractor, any subcontractor, and sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the contractor is responsible. 2.9 - MODIFICATIONS The owner may, at its sole option and without invalidating the contract, arder modifications of the work which might include increases or decreases in the amount of the work. Authorization to proceed with this modification shall be by the issuance of a properly authorized supplemental purchase order. 4of17 Brady Environmental Services, Inc. Authorized modifications in the work shall in no way serve to release the contractor from any guarantees given by contractor pursuant to the contract provisions. All modifications in the work shall be executed under the conditions and provisions of the original contract and in conformance with the drawings and specifications as if originally included therein. 2.10 - EMERGENCY PROTECTION Whenever, in the opinion of the owner, the contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under this contractor of adjacent structures or property, and whenever, in the opinion of the owner, an emergency has arisen and immediate action is considered necessary, then the owner, with or without prior notice to the contractor, may provide suitable protection by causing work to be done and material to be furnished and placed. The cost (labor, material, equipment and overhead) of such work shall be borne by the contractor, and, if the same is not paid on presentation of the bills, therefore, such costs may be deducted from any amounts due or to become due the contractor. The performance of such emergency work shall not relieve the contractor of responsibility for any damage which may occur. 2.11 - ASSIGNMENT The contractor shall not assign any part of the work, unless so specified in this agreement, without the previous written consent of the owner, nar shall contractor assign by power of attorney or otherwise, any of the money payable under this contract unless written consent of the owner has been obtained. No right under this contract, nor claim for any money due or to become due hereunder shall be asserted against the owner, or persons acting for the owner, by reason of any so-called assignment which has been authorized by the written consent of the owner. In case the contractor is permitted to assign moneys due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for service rendered or materials supplied for the performance of the work. 2.12 - SUBCONTRACTING It is the intent of these specifications that the contractor shall perform the majority of the work with contractor's own forces and under the management of its own organization. Contractor shall secure the owner's written approval before subcontracting any portion of the work and shall obtain the owner's written approval of all subcontracts let. No such approval shall relieve the contractor from any of the obligations of the contract with the owner. Contracts with subcontractors shall contain necessary clauses whereby the subcontractors shall comply with all provisions of the contract agreed upon by the contractor. This shall be inclusive of prevailing wage rates and right to audit provisions as authorized by the state of Texas. In addition, each subcontractor shall provide the owner with a certificate of insurance satisfactory to the owner prior to performing any services. The award of such a subcontract by the contractor approved by the owner, in no manner limits or lessens the full responsibility of contractor to complete the work as provided under the terms and conditions of this contract. The owner reserves the right to reject any subcontractor or subcontract. 5 of17 Brady Environmental Services, Inc. 2.12.1 All subcontractors shall be directly responsible to the contractor and shall be under contractor's general supervision. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by subcontractor, subcontractor's contract shall be immediately terminated by the contractor upon notice from the owner. The contractor shall be as fully responsible and accountable to the owner for the acts and omissions of contractor's subcontractors, and of persons either directly or indirectly employed by them, as contractor is responsible for the acts and omissions of persons directly employed by contractor. 2.13 - RIGHT OF OWNER TO TERMINATE CONTRACT The performance of work under this contract may be terminated by the owner in accordance with this section in whole, or from time to time in part, whenever the owner shall determine that such termination is in the best interest of the owner. Any such termination shall be effected by delivery to the contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon when such termination becomes effective. Upon termination under this provision, the owner will pay the contractor reasonable and proper termination charges reflecting the cost of the work completed in accordance with the contract documents and the cost of commitments which cannot be terminated, except that retainage sums shall not be paid prior to thirty (30) days following the date oftermination. 2.14 - CONTRACTOR DEFA ULT If the work to be performed under this contract is abandoned by the contractor; or if this contract is assigned by contactor without the written consent of the owner; or if the contractor seeks relief under any law for the benefit of insolvents or is adjudged bankrupt; or if a general assignment of contractor's assets is made £or the benefit of contractor's creditors; or if a receiver is appointed for the contractor of any of contractor's property; or if at any time it is the opinion of the owner that the performance of the work under this contract is being unnecessarily delayed, that the contractor is violating any of the conditions of this contract or that contractor is executing the same in bad faith or otherwise not in accordance with the terms of said contract; or if the work is not substantially completed within the time named for its completion or within the time of which such completion date may be extended; then the owner may serve written notice upon the contractor and contractor's surety of the owner's intention to terminate this contract. Unless within three (3) days after the serving of such notice, a satisfactory arrangement is made for continuance, this contact shall terminate and contractor shall discontinue the work. In the event of such termination, the surety shall have the right to take over and complete the work, provided that if the surety does not commence performance with thirty (30) days, the owner may take over and prosecute the work to completion or such part thereof as it may deem expedient, by contract or otherwise. In either case, the contractor shall not be entitled to receive any further payments under the contract far work performed until all the work, or as much as is contemplated by the owner is completed and accepted. The contractor and contractor's surety shall be liable to the owner for all excess cost sustained by the owner by reason of such prosecution and completion. The owner may take possession of, and utilize in completing the work, all materials, equipment and tools on the jobsite. 6of17 Brady Environmental Services, Inc. 2.15 - LAWS AND REGULATIONS The contractor shall observe and comply with all ordinances, laws, requirements and regulations of all units of government and governmental agencies having jurisdiction over any aspect of the work. The contractor shall also comply with latest regulations governing asbestos encapsulation, removal and disposal, and worker protection during abatement-related work including the following where applicable: a.) U.S. Environmental Protection Agency Regulations for asbestos b.) U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Asbestos Regulations c.) U.S. Department of Transportation Code of Federal Regulations d.) Tex. Rev. Civ. Stat. Ann. art. 4477-3a (Vernon's Supp. 1993) (Asbestos removal or encapsulating; licensing and regulations) e.) Any other applicable Federal, State, County or Local Rule or Regulations governing the encapsulation and/or removal of asbestos. The contractars shall protect and indemnify the owner and consultant and/or any and all officers and agents against any claim or liability arising from or based on any violation of the same. 2.16 - PERMITS LICENSES AND INSPECTIONS The contract price shall include the costs of all permits, licenses, or inspections which might be lawfully required in the fulfillment of this contract. Such permits, licenses and inspections shall be obtained and paid for by the contractor. The only exception to this provision is the asbestos notification fees which will be billed to the owner by the Texas Department of State Health Services. 2.17 - GUARANTEE Contractor warrants that its employees, agents and subcontractors will comply with all existing requirements, laws, ordinances and regulations of any federal, state, county, township or municipal subdivision thereof, or other governmental agency which directly or indirectly regulates or affects the removal, processing, monitaring, treatment, disposal or transportation of the asbestos-containing material. Contractor will pay to or on behalf of the owner, its respective officers, directors, employees and agents; 1. all fines and/or penalties levied or assessed by any governmental body as a result of the foregoing causes; 2. all loss, cost and expense incurred by the owner as a result of the foregoing causes; 3. all claims for damages suffered by any third pariy or the general public on account of personal injury (including death) or property damage, including without limitation, contamination of property, real or person, public or private, ground waters and surface waters to the extent resulting from the foregoing causes; and 7of17 Brady Environmental Services, Inc. all attorney's fees and other costs of defense of any claim, suit, action or other proceeding, judicial or administrative, criminal or civil, for any alleged cause which would give rise to any payment required of contractor under this paragraph. Contractor will also pay to or on behalf of the owner all amounts which the owner is required to pay under any law imposing liability without regard to fault as generator of the asbestos-containing waste material for the environmental clean-up of any location (other than the work site) where the asbestos-containing waste material has been placed, stored or disposed of in the performance of the disposal services or any other site or medium to which the asbestos-containing waste material has migrated, or been released. 2.18 - CLAIMS FOR LABOR AND MATERIALS The contractor shall indemnify and save harmless the owner from all claims for labor, services ar materials furnished under this contract. When requested by the owner, the contractor shall submit satisfactory evidence that all persons, firms or corporations who have performed work or furnished materials under this contract, for which the owner may become legally liable, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount will be retained from money due to the contractor which in addition to any other sums that may be retained will be sufficient, in the opinion of the owner, to liquidate all claims. Such sums will be retained without interest until the claims as aforesaid are fully settled or satisfactorily secured. In the event such cost shall exceed the balance of the compensation due, or in the event final payment has been made, contractor and contractor's sureties, if any, shall be liable for and shall pay the difference to the owner. 2.19 - RELEASE OF LIABILITY The acceptance by the contractor of the last payment shall be a release to the owner and every officer and agent thereof, from all claims and liability hereunder for anything done or furnished for, or relating to the work, or for any act of negleet of the owner or of any person relating to or affecting the work. Whether this contract is completed or terminated as provided for herein, the owner shall in no case be liable after this contract is completed or terminated as provided for herein, the owner shall in no case be liable to the contractor or its subcontractors for lost profits or for indirect, consequential, or special damages. 2.20 - INSURANCE REOUIREMENTS During the course of operations under this contract, until the work is finally accepted by the owner, and until contractor has finally vacated the site or sooner if authorized by the owner in writing, contractor agrees to carry and keep in full force during the performance of work hereunder insurance sufficient to fully protect the owner from all damages, claims, suits and/or judgments to include errors, omissions, violations, fees and penalties caused or claimed to have been caused by, or in connection with, the performance or failure to perform work undertaken by the contractor, its subcontractor, or their agents, or employees. The minimum coverages and corresponding amounts of insurance shall be in accordance with this section. 8of17 Brady Environmental Services, Inc. Prior to beginning work, the contractor shall provide the owner with a completed Certificate of Insurance providing the below listed coverage. The owner shall be included as an Additional Insured by Endorsement to policies issued for coverage listed. a.) Commercial General Liability insurance at minimum combined single limits of $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury and property damage. Coverage must be written on an occurrence form. Contractual liability must be maintained with respect to the contractor's obligations contained in the contract. The general aggregate limit must be at least two (2) times the per-occurrence limit. Shall include coverage for: Premise operations, independent contractors, products/completed operations, personal injury, contractual liability and medical payments. Shall include an endarsement for pollution related tc asbestos abatement and disposal. b.) Workers' Compensation Insurance - The contractor is responsible for both Federal and State Unemployment Insurance coverage and Standard Workers Compensation Insurance coverage in the amount of $1,000,000. Contractor shall comply with all federal and state tax laws and withholding requirements. c.) Texas Business Automobile Policy - Automobile Liability Insurance, including Contractual Liability, covering all motor vehicles owned, hired or used in the performance of this contract, with limits not less than: $1,000,000 Bodily Injury & Property Damage Combined each occurrence and aggregate. The required limits may be satisfied by any combination of primary, excess or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following form. With reference to the foregoing insurance requirement, the successful bidder shall specifically endorse applicable insurance policies as follows: a. The owner shall be named as an additional insured with respect to general liability. b. A waiver of subrogation in favor of the owner shall be contained in the workers compensation coverage. c. All insurance policies shall be endorsed to require the insurer to promptly notify the owner of any material change in the insurance coverage. d. All insurance policies shall be endorsed to the effect that the owner will receive at least thirty (30) days notice prior to cancellation, non-renewal or termination of the insurance and ten (10) days notice for non-payment of premium. 9of17 Brady Environmental Services, Inc. e. A financial rating of A: VII or better as assigned by the BEST rating Company or A or better by Standard and Poor's. f. Insurance coverage must be bound by companies approved by the State of Texas and acceptable to the owner. All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or it's authorized agent, and shall contain provisions representing and warranting the following: a. The insurance set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance. b. Sets forth all endorsements and insurance coverage according to requirements and instructions contained herein. c. Shall specifically set forth the notice of cancellation or termination provisions to the owner. Contractor agrees that it and all its subcontractors will comply with all applicable Workers' Compensation laws and that it will from time to time, at the request of the owner, furnish evidence to the owner that all payments required by such laws have been and are being made. 2.21 - INDEMNIFICATION To the fullest extent permitted, the contractor agrees to fully defend, protect, hold harmless and render whole the owner, and all of their agents and employees from and against each and every claim, demand or cause of action and liability, costs, and expenses (including but not limited to, reasonable attorney's fees and expenses incurred in the defense of the owner and all of their agents and employees), for damages of loss in connection herewith, which may be asserted by any third-party (including but not limited to the owner and all their agents and employees), on account of personal injury or death or property damage caused by, or arising out of, or in any way incident to or in connection with the performance of work hereunder. This indemnity obligation shall be supported by insurance obtained by contractor in the types and amounts required hereunder. This indemnity shall include, but not be limited to, all claims, damages and losses, which are: (i) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting there from; and (ii) caused in whole or in part by the contractor or anyone directly or indirectly by him, regardless of whether it is caused in whole or in part by a party indemnified hereunder. 2.21.1 In any and all claims against the owner or any of his agents or employees by an employee of the contractor, or anyone directly or indirectly employed by him or anyone for whose acts he may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation made by Workers' Compensation acts, disability benefit acts or other employee benefit acts. 10 of 17 Brady Environmental Services, Inc. 2.22 - PERFORMANCE AND PAYMENT BONDS Contractor shall be required to furnish good and sufficient Performance and Payment Bonds, for all work covered by this contract which is determined to be $25,000.00 or greater. A Performance Bond and a Payment Bond in a form satisfactory to the owner shall be furnished in the full amount of this agreement, and the cost thereof shall be paid by contractor. These bonds will be furnished by an insurance company on the list of Acceptable Sureties by the Department of the Treasury within the limits stated thereon. 2.22.1 If at any time during the continuance of the contract the surety becomes irresponsible,, the owner shall have the right to require additional and sufficient sureties which the contractor shall furnish to the satisfaction of the owner within ten (10) days after notice to do so. 2.22.2 The Perfarmance Bond shall guarantee the faithful performance of all covenants, stipulations and conditions of the contract. The Payment Bond shall guarantee the faithful payment of all obligations which may arise under the contract. 2.23 - RIGHT OF SURVEILLANCE AND EXAMINATION The owner shall have the right through the owner's field representative to monitor contractor's performance of the work and as appropriate to examine the equipment and materials furnished and the work performed, and to enforce contractor's compliance with and conformance to the requirements of the contract documents. The contractor shall furnish all reasonable assistance required by these individuals for the proper examination of the work. 2.23.1 It is the intent of this contract that all work shall be in strict accordance with the specifications and good industry practice. If the owner's field representative discovers work incompatible with the consultant or manufacturer specifications, the field representative will report the condition to the contractor's superintendent or other appropriate supervisory official. The contractor shall immediately remove such substandard wark or take other appropriate actions as directed to correct unacceptable conditions. The provisions of this paragraph shall apply to all phases of the work of this contract. 2.24 - MATERIALS Unless specifically provided otherwise in each case, all materials furnished under this contract shall conform to applicable standard specifications and latest proven industry practices, shall be from a reputable manufacturer currently engaged in production of such materials, and shall be new, unused, and undamaged. Installation of such materials shal] be in strict accordance with manufacturer's specifications and recommended procedures. MSDS records for all replacement materials installed shall be provided with all close out docurnents for each project performed. 11 of 17 Brady Environmental Services, Inc. 2.25 - VENUE LAW This contract is governed by the laws of the state of Texas. Both parties agree that venue for any litigation arising from this contract shall lie in Lamar County, Teaas. ARTICLE III - INVOICING AND PAYMENTS 3.1 - INVOICES All invoices shall be submitted to the consultant for approval and forwarded to the owner. All invoices shall include any supporting documentation necessary to verify the charges billed. Payment date for amount due contractor shall be construed as the date check is deposited in the United States mail. 3.1.1 Invoices for payments and correspondence for this agreement must reference the owner's purchase order number and any associated release number or approval of the consultant. Invoices which do not reference the owner's purchase order number and an associated release by the consultant will be returned unpaid. 3.1.2 The payment by the owner for the work covered by each such invoice shall constitute full payment for all such work including extra or additional work, and contractor's acceptance thereof shall constitute a full release, accord and satisfaction and waiver of all known claims of the contractor for or arising out of any such wark performed. 3.2 - MONTHLYPROGRESS PAYMENTS 3.2.1 Contractor shall submit to the owner monthly applications for payment by the 3rd of the subsequent month for which payment is requested and/or upon completion of work as approved and accepted by owner. Payments are made on the owner's and/or consultant's evaluation of work performed by the contractor, considering the schedule submitted by the contractor of values of the various parts of the work, aggregating the total sum of the project. In applying for payment the contractor shall submit a statement based upon this schedule. Application for payment made on account of materials not incorporated in the work, but delivered and suitably stored at the site shall include evidence of payment from suppliers and shall be in accordance with the terms and conditions of the contract documents. Applications for payment submitted by the 3rd of each month shall be processed by the owner. Contingent upon owner's evaluation of the amount of work completed, payments for such applications shall be due after the expiration of the statutory period in which a laborer, material, men or subcontractor of the contractor must provide notice of a claim to statutorily perfect a valid lien or bond claim. Owner may pre-pay any payment without waiving any of owner's rights under this agreement. Completed lien waivers shall accompany applications for payment, release of claims and/or bills paid affidavit forms as may be required by owner. 12 of 17 Brady Environmental Services, Inc. 3.2.2 Retainage of 10 percent (10%) of the sums due hereunder shall be withheld until completion and acceptance of all work to be performed under the contract. 3.2.3 In the event the owner believes any of the conditions listed below warrant such action, the owner may withhold from monthly progress payments due hereunder sums deemed necessary to protect the owner from any losses on account of: (i) Defective work not remedied, (ii) Failure of the contractor to pay bills for labor and/or materials furnished in connection with the contract work, (iii) Inability of contractor to complete the contract work for the unpaid contract balance; (iv) Failure of the contractor to diligently prosecute the contract work such that damages for delay are likely, (v) Damages to another subcontractor, or (vi) Breach by the contractor of any provision or obligation ofthis agreement. 3.2.4 The contractor agrees that any joint check payments to the contractor and any of contractor's materialmen or subcontractors shall constitute payment for the full amount of such joint check to the contractor made in this agreement. 3.2.5 In the event owner receives notice of a lien claim or bond claim by contractor's materialmen, subcontractors or laborer, owner may, at owner's option, directly pay any such claimant. Any such direct payment to a claimant and any expenses in process such claim and payment shall be deducted from the contract price and from any payments due to contractor. Contractor further agrees that owner will occur substantial additional costs and expenses in administration of claims when a notice is received, that such costs would be difficult to ascertain, that the sum of $100.00 would be a reasonable and just compensation to owner for each notice received, and that $100.00 for each notice should be deducted from the contract Price and.from any payments due to contractor, as liquidated damages for such administration. 3 3- RE UIRED SUPPORTING DOCUMENTATION All invoices for costs incurred in the performance of the wark completed, including materials, equipment and machinery used, shall include supporting documentation to verify charges billed. Separate invoices shall be prepared for all extra or additional work autharized by the owner and shall include any supporting documentation necessary to verify the charges billed. 3.4 - PAYMENTS If work to be performed under a particular purchase order exceeds forty-five (45) days to complete, the contractor shall submit an invoice once a month for work performed the previous month. The owner shall pay contractor ninety percent (90%) of the properly approved month invoice within thirty (30) days from receipt of said month invoice. 13 of 17 Brady Environmental Services, Inc. However, if work to be performed under a particular purchase order is to be completed in forty-five (45) days or less, the contractor shall submit for work associated with that purchase order, an invoice for all work completed and accepted in writing by the owner. The owner shall pay contractor ninety percent (90%) of the properly approved invoice within thirty (30) days after receipt of said invoice. 3.5 - RETAINAGE For each project the remaining ten percent (10%) of the amount earned for work performed by the contractor will be retained by the owner pending acceptance in accordance with these GENERAL CONDITIONS. 3.6 - WITHHOLDING PAYMENTS The owner may withhold payments due the contractor to the extent necessary to protect itself against loss, including but not limited to the following: a.) Defective work not remedied. b.) Claims filed or reasonable evidence indicating probable filing of claims. c.) Failure of the contractor to make payments properly to subcontractors for materials and labor. - d.) Damage to another contractor. e.) Any other violation or failure to comply with the provisions of this contract. When the above conditions are removed, payment shall be made far the amount withheld because of the specific conditions. 3. 7- ACCEPTANCE OF THE WORK AND FINAL PAYMENT Acceptance of the work and final payment will be made separately for each particular project/purchase order and shall be subject to the requirements stated herein. 3.7.1 Final Payment - Owner's obligation to make final payment to contractor is specifically contingent upon the following conditions, which are conditions precedent to final payment: (a) Submittal by the contractor or of a notarized affidavit that all payrolls, bills for material and equipment and other indebtedness connected with the contractor's work, have been paid or otherwise satisfied; (b). Submittal by the contractor of lien waivers, or bond claim waivers on bonded projects, indicating that all of the contractor's materialmen, laborers, and subcontractors have been fully paid and are waiving all statutory lien rights and releasing a bond claims; (c) consent of Surety to final payment, if required, (d) approval by the owner of the contractor's work; and (e) receipt by the owner of all payments related to the contractor's work, including any retainage withheld by the owner from the contractor. 14 of 17 Brady Environmental Services, Inc. Contractor's acceptance of final payment shall constitute a waiver by the contractor relating to the contractor's work or to the work under the prime contract, but shall in no way relieve the contractor of liability for the obligations for replacing defective work appearing after ftnal payment, and/or damages created as a result of contractor's activities. 3.7.2 The contractor and its subcontractors are subject to all existing federal and/or state minimum wage laws. ARTICLE IV - OWNER'S INTEREST 4.1 - TITLE The title to all work completed, all work in the course of performance, and all materials furnished by the contractor and covered by payment from the owner irrespective of location thereof shall be at City of Paris, but the ownership thereof shall not absolve the contractor from liability for loss or damage to the owner, nor from other duty or responsibility for same as provided in these specifications. 4.2 - RECORDS AND AUDIT Contractor's and subcontractor's books, records, correspondence, accounting procedures and practices and any other supporting evidence relating to this contract (all the foregoing hereinafter referred to as "Records") shall be open to examination and subject to audit and/or reproduction, during normal working hours, by the owner or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims based on contractor's or subcontractor's actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended, directly in the performance of work under this contract to determine compliance to terms and conditions of the contract, or ascertain any facts relative to any claim against contractor which may become a charge against the owner. For this purpose of evaluating or verifying such actual or claimed costs or units expended, the owner or its authorized representative shall have access to said records from the effective date of this contract, for the duration of the work and until two (2) years after the date of final payment by the owner to contractor pursuant to this contract. ARTICLE V - WARRANTYAND GUARANTEE 5.1 The contractor shall warrant and guarantee all work against defects in materials and equipment and shall guarantee all workmanship for one (1) year from the date of owner's final acceptance, use or occupancy. 5.2 Upon discovery of any defects, owner shall provide contractor with written notice. Contractor shall immediately remedy and/or replace any defects or damaged property that occurred during the warranty and guarantee period. 5.3 Contractor shall be responsible for securing warranties from subcontractors. The contractor shall insure that warranties are addressed to owner and shall deliver copies to consultant upon completion of the work. 15of17 Brady Environmental Services, Inc. Contractor shall assume full responsibility for guarantees of subcontractors and shall insure guarantees are honored for full period of warranty. Contractor is not relieved from any obligations assumed under any other provision of the contract by delivery of guarantees. 5.4 Contractor is obligated to perform the contract in good faith. This warranty and guarantee is not the exclusive remedy of the owner, but is in addition to contractor's general obligation. It is in no way intended to place limitations on the responsibility of the contractor for faulty materials or workmanship. SS Neither the final payment nor any provision of the contract shall relieve contractor of responsibility for defective materials or workmanship. The owner may have defects corrected and contractor and his surety shall be liable for all expenses incurred if contractor fails to proceed promptly with terms of warranty. ARTICLE VI - EOUAL EMPLOYMENT OPPORTUNITY The contractor or subcontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex; national origin, age, disability or political belief or affiliation, and will comply with all federal and state statutes applicable to contractor, such as affirmative actian plans and reporting requirements. ARICLE VII - SEVERABILITY OF.PROVISIONS If any provision of this contract is held invalid, illegal,.or unenforceable, the remainder of the contract shall remain valid and enforceable and shall be construed to conform to the intent of the parties. ARICLE VIII - PROJECT COMPLETIDN TIME 8_I Work performed under this contract shall be completed in accordance with the time scheduled as defined by the contract documents. This time scheduled shall become an essential element of the contract. Contractor may be granted time extensions based on change orders or delays beyond the contractor's control such as inclement weather, fire, casualties or transportation delays. In the case of such delays, contractor shall immediately notify owner and project consultant of the nature of the delay, anticipated time of delay and the steps being taken by contractor to complete the project. 8.2 Contractor's failure to complete the work within the agreed time period (project schedule) for reasons resulting from contractors negligence will result in damages to the owner. For each calendar day of delay, $2,000.00 per day will be deducted from the project purchase order, not as a penalty but as compensation to the owner for additional administrative expenses incurred to the owner resulting from contractor's delay. 16of17 Brady Environmental Services, Inc. 8.3 Contractar shall not be eligible for claims of additional costs resulting from overtime expenses, subcontracting expenses or other expenses incurred by contractor to complete the project and resulting from contractor's negligence. 17 of 17 Brady Environmental Services, Inc. III. TECHNICAL SPECIFICATIONS Purpose The purpose of this contract shall be to reduce and/or eliminate asbestos hazards from various facilities of the City of Paris, to allow for demolition of the structures by others. Work under this contract will include removal and disposal of asbestos-containing building materials. Materials may include flooring, sheetrock wall/ceiling material and thermal insulation materials. Brady Environmental Services, Inc. TECHNICAL SPECIFICATIONS PART L GENERAL 1.1 SCOPE OF WORK 1.1.1 Project Description 1.1.1.1 The asbestos abatement project at One Oak Place apartment building located 655 Graham in Paris, Texas at covers the removal and disposal of all known asbestos-containing materials as follows: a.) Approximately 1800 square feet of asbestos- containing floor tile and mastic from kitchen areas of various units. b.) Approximately 400 square feet of asbestos- containing floor tile and mastic from unit 103. c.) Approximately 89000 square feet of asbestos- containing sheetrock wa11 material located throughout all units. d.) Approximately 29000 square feet of spray-on ceiling texture. 1.1.2 Responsibilities 1.1.2.1 The contractor shall be responsible for verifying all quantities and field conditions in the field prior to submitting his bid. 1.1.3 Supp(ies 1.1.3.1 The contractor shall supply all supervision, labor, materials, services, insurance, licenses, patents and equipment necessary to carry out the work described herein. 1.1.5 Abatement 1.1.5.1 Full, differential pressure containments shall be established. Each containment shall enclose all asbestos-containing materials scheduled for removal. -2- csn9oss Brady Environmental Services, Inc. 1.1.5.2 All activities involving the disturbance of asbestos- containing flooring materials shall be performed using wet removal methods. 1.1.5.3 Removal of the floor tile and mastic shall be performed using wet methods. All mastic removers incorporated during the project shall have flash points in excess of 140°F. The contractor shall comply with additional respiratory protection as recommended by the manufacturer's Material Safety Data Sheet (MSDS) for the solvent/mastic remover being employed. 1.1.5.4 The sheetrock wall and ceiling material shall be removed by manual methods and in a manner which keeps the material reasonably intact. Excessive breakage shall not be allowed. Materials shall be wetted before removal, during removal, and after placement into disposal containers. All insulation materials exposed following removal of sheetrock shall also be bagged and disposed of as ACM. 1.1.6 Containment and Decontamination Unit 1.1.6.1 Critical barriers consisting of one layer of 6 mil poly shall be provided to separate abatement work from adjacent areas including, but not limited to, electrical panels, windows, vents, doors, entrances, drains, HVAC components, skylights, and all other penetrations that could permit air infiltration to or from the regulated area. Critical barriers shall not include designated entry and exit points far the regulated areas of the project. 1.1.6.2 Sufficient negative air units shall be installed to provide at least one air change every ten (10) minutes within the containment. Differential pressure level shall be maintained to at least -0.02" water column inside the containment throughout the removal phase of the project, and until final clearance is achieved. All units shall be de-rated by at least 25% for the purpose of calculations. % _3_ CS09055 Brady Environmental Services, Inc. 1.1.6.3 Each full differential pressure containment shall be constructed using two layers of 4 mil polyethylene where needed to create false walls and ceilings. 1.1.6.4 A minimum of two layers of six (6) mil poly shall be used where needed to cover unaffected floors. 1.1.6.5 A decontamination unit consisting of a dirty room, shower, and clean room shall be installed as specified in the regulations for each containment constructed to complete the project. Required storage for clean clothes and respirators shall be provided. 1.1.6.6 The shower shall be equipped with hot and cold water and personal hygiene supplies as specified in the regulations. Shower water shall be filtered through two or more staged filters to at least 5 microns and the filtered water shall be discharged to the sanitary sewer. Each decontamination unit shall be in the location submitted by the contractor and approved by the consultant. 1.1.6.7 Two chamber bag-out units shall be established as required by the regulations and the wash water shall be filtered to. a minimum of 5 rnicrons as specified for shower water. The wash water shall be discharged to the sanitary sewer. Each bag-out facility shall be in the location submitted by the contractor and approved by the consultant. 1.1.6.8 The consultant will conduct ventilation smoke testing and shall approve each containment, decontamination facility, bag-out and the differential pressure level prior to any removal activities. 1.1.6.9 At least two observation windows shall be used for each containment which is constructed to complete the project. These observation windows shall be placed in strategic locations to allow multiple viewing angles and locations. The consultant's representative shall indicate those areas where observation windows shall be installed. -4- CS09055 Brady Environmental Services, Inc. 1.1.7 Final Cleaning 1.1.7.1 Following the completion of gross removal, contractor shall perform final cleaning activities involving wet wiping and HEPA vac operations. Upon completion, the inner poly shall be removed and additional cleaning performed as necessary. Critical barriers shall remain until final clearance is passed for each containment. 1.1.7.2 The final visual inspection shall be performed at the contractor's request prior to clearance sampling. The final visual inspection shall be performed by the consultant's project manager. 1.1.8 Clearance 1.1.8.1 PCM clearance samples will be collected by aggressive sampling methods. The samples will be collected at the rate of 5 to 14 liters per minute on 0.8 micron MCE filters mounted in 25mm conductive cassettes, at a height of 3 to 5 feet above the floor. Sample volume shall be approximately 1,400 liters. 1.1.8.2 A total of three (3) samples will be collected simultaneously inside each containment. 1.1.83 Clearance will be by Phase Contrast Microscopy (PCM) analysis. Clearance will be achieved if each of the inside samples are equal to or less than 0.01 f/cc. 1.1.8.4 If clearance is not achieved on the first attempt, the contractor will be required to re-clean and spray lockdown in all areas as specified above. After the first set of samples are collected and analyzed, subsequent samples will be collected and analyzed until clearance is complete. _ 5 - CS09055 Brady Environmental Services, Inc. 1.1.9 Disposal 1.1.9.1 All asbestos-containing material and suspected asbestos-containing material, including all polyethylene, will be double- bagged in 6-mil polyethylene bags with the required "DANGER" label. Bulk materials shall be wrapped in two or more layers of 6-mil poly and properly labeled. All waste shall be labeled with the name of the owner, the location of the facility, and the name of the contractor in one-half inch high letters with the label attached to the inside layer so it can be read through the outside. All waste containers shall be wet wiped or washed. Disposal shall be at a Type I Municipal Solid Waste Disposal site as permitted by the Texas Commission on Environment Quality (TCEQ/Texas Department of State Health Services). All material shall be disposed of on waste shipment records as specified in the NESHAP regulations or on a TCEQ Hazardous Waste Manifest. The owner's address shall be shown as follows: City of Paris PO Box 9037 Paris, Texas 75461 and will be signed by an authorized representative of the owner. All D.O.T. regulations shall be complied with in regard to the transporting of the asbestos- containing materials. 1.1.9.2 Twenty-four (24) hours' notice shall be given prior to the hauling of asbestos-containing materials to the landfill. Brady Environmental Services, Inc. reserves the right to follow all asbestos-containing material to the landfill.. 1.1.9.3 The transportation of asbestos-containing waste materials to the landfill shall be conducted only by individuals licensed by the State of Texas as an asbestos transporter. The consultant and owner shall be furnished a copy of the asbestos transporter's license prior to transportation of the waste material. 6 cs09055 Brady Environmental Seivices, Inc. 1.1.9.4 All asbestos-containing waste materials shall be removed from the site at or before the time of final acceptance and properly disposed of within ten (10) days of project completion. 1.1.10 Re-establishment of Work Area 1.1.10.1 Upon passing clearance testing in accordance with Section 1.1.8, the contractor shall dismantle each containment and re-establish each work area.. 1.1.11 Utilities 1.1.11.1 Electricity and water will be provided to the contractor by the City of Paris. A pole to provide power will be set up at the jobsite by the City of Paris. It will be responsibility of the contractor to have a licensed electrician set up set up GFCI distribution panels to provide distribution for the project and for the consultant's air monitoring equipment. 1.1.12 5ecurity 1.1.12.1 The contractor shall be responsible for 24-hour site security through his employees and/or a contract security service for all regulated areas and other areas affected by contractor's work. Containment shall be constructed so as to allow for the proper securing of the building after work hours. 1.1.13 Notification 1.1.13.1 Notices under the NESHAP and TDSHS (TDSHS) regulations have been filed by the consultant in a timely manner as required for the asbestos removal to start as directed by owner. The contractor shall be responsible for obtaining and filing all additional permits and notices where required by local ordinances. : _ -7- CS09055 Brady Environmental Services, Inc. 1.1.14 Licensing 1.1.14.1 The contractor shall be licensed through the Texas Department of State Health Services for asbestos abatement. All supervisors and workers involved with the project (during prepping, pre-cleaning, removal, etc.) shall be EPA accredited, Texas licensed and/or registered, and shall have a current medical evaluation and respirator fit tests in accordance with the OSHA requirements of CFR 1926.1101. 1.1.15 Submittals 1.1.151 Pre-Job Submittals The following items shall be at the job site for review by the consultant prior to the notification start date: a. EPA Training Certificates for all supervisors and workers and current Refreshers. b. TDSHS Licensing: Abatement Contractor License Asbestos Transporter License Asbestos Supervisor c. TDSHS Worker Registration d. Medical clearance for each worker and supervisor e. Certificate of Insurance 1.1.15.2 Post-Job Submittals The following items shall be delivered to the project consultant within ten (10) days of the project's completion: a. Hazardous Waste Manifests b. Project Job Log c. Copies of all final laboratory analysis reports: Personal sample results. - - g - CS09055 Brady Environmental Services, Inc. 1.1.16 Exposure Monitoring 1.1.16.1 Personal samples shall be collected in accordance with OSHA regulations during all abatement operations. The contractor shall insure that personnel responsible for collecting and analyzing samples are properly licensed by the Texas Department of State Health Services. The contractor shall post the sample results for the workers to review on his notice board. 1.1.17 Personal Protection 1.1.17.1 The contractor's workers shall, at a minimum, be required to wear disposable clothing and MSI-IA/NIOSH approved Half-face Air Purifying Respirators. The contractor bears all responsibility for providing the maximum amount of respiratory protection and other personal protective equipment that he deems necessary. to adequately protect his workers and the environment. 1.1.18 Air Monitoring 1.1.18.1 Baseline air samples shall be collected by the project manager. A minimum of three baseline samples shall be collected for each area affected by abatement work as determined by the consultant. Samples will be collected under normal building conditions prior to the disturbance of the ACM. Baseline samples shall be analyzed by PCM and the results made available to the abatement contractor upon written request. 1.1.18.2 Ambient air samples shall be collected on a daily basis during all work involving the disturbance of asbestos- containing materials. Ambient samples shall be collected at the following locations: • Negative Air Discharge Locations . Inside Containment • Decon Entrance • Bagout Exit Point • Outside Containment cs09055 _ 9 Brady Environmental Services, Inc. 1.1.19 Project Management 1.1.19.1 The Consultant/Project Manager shall have the authority to dismiss any of the contractor's personnel, including supervisors, from the job site for unsafe practices, substandard work, attitudes non-conducive to good working relationships, improper conduct, theft, vandalism, and not maintaining an acceptable (to the Consultant/Project Manager) pace of work. Personnel dismissed by Consultant/ Project Manager shall be banned from the premises for the duration of the contract. 1.1.19.2 The consultant shall designate a licensed project manager and air monitoring technician for this project. This individual shall be named at the pre- construction conference and listed below along with licensing information. Licensed Proiect Manager License # Bryan E. Artley #500927 David Gable 9501134 Eddie Harmon #500586 Kevin Combs #501215 Brad Vanderbilt #501386 t o - CS09055 Brady Environmental Services, Inc. IIL TECHNICAL SPECIFICATIONS Part 2- Reqlacement / Build Back 2.1 All replacement materials shall be subject to approval by owner. Construction materials supplied by contractor shall be new and shall conform to applicable standards and specifications. All materials shall be subject to inspection by owner and shall be from a reputable manufacturer currently engaged in the production of such materials. 2.2 Installation of all such materials shall be in strict accordance with manufacturer's specifications. All tradesmen employed for new construction and replacement of materials shall be skilled and knowledgeable in their assigned tasks. 2.3 Currently, no build back materials work is planned under this contract. Such items would constitute a change order for all such work where requested. Brady Environmental Services, Inc. III. TECHNICAL SPECIFICATIONS PART 3- Execution of Work 3.1 TEMPORARY FACILITIES EOUIPMENT AND MATERIALS Unless otherwise specified, the contractor shall furnish all temporary facilities and all equipment, materials, and supplies which are required for prosecution of the work but which will not be incorporated in the completed work. All temporary structures and facilities furnished by the contractor shall remain the property of the contractor. When the work is completed, all such temporary structures and facilities shall be removed from the site and the area shall be restored to its original condition. All jobsite facilities shall be in sound condition and shall be of the proper type and size to adequately perform the work. The facilities shall be regularly and systematically maintained throughout the work to ensure proper, efficient operation. Facilities which are inadequate or improperly maintained shall be promptly modified, repaired, or removed from the site and replaced. 3.1.1 Tel ephone - The contractor shall provide its own telephone service. 3.1.2 Water - Construction water shall be provided by the contractor at each job , site. The contractor shall provide all means of transfer, including pumps, hose, and portable tanks. The contractor shall furnish acceptable drinking water for contractar's employees and subcontractor's employees. 3.2 CONTRACTOR'S SUPERVISION AT THE SITE The contractor shall furnish adequate management, supervisory, and technical personnel on the site to insure expeditious and competent performance of the work. 3.3 CHARACTER OF WORKMEN The contractor shall employ only workmen who are competent to perform the work assigned to them and, in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Local labor shall be given preference. The owner has the right to require contractor to remove any employee of contractor or of subcontractor's from the project, who in the owner's representative's opinion may be incompetent or unqualified to perform services assigned to them. 3.4 SECURITY The contractor shall be responsible for all its materials and equipment and for material issued to contractor and placed in its custody, or placed at the jobsite by contractor. Security methods shall be employed by the contractor as required to ensure the protection of all materials, equipment and construction work from theft, vandalism, fire and all other damage and loss. Brady Environmental Services, Inc. Security ingress and egress will be controlled by owner. The contractor is advised that no specific security coverage will be provided by the contractor for equipment or supplies the contractor may leave unattended at the work site. 3.5 DESIGNATED AREA LIMITS AND RESTRICTIONS The owner will designate the boundary limits of access roads, and jobsite areas, and the contractor shall be responsible for keeping all its personnel out of areas not designated for the contractor's use. 3.6 PROTECTION OF WORK The contractor shall be solely responsible for the protection of contractor's work until its final acceptance by owner. The contractor shall have no claim against the owner because of any damage or loss to the contractor's work, and shall be responsible for the complete restoration of darnaged work to its original condition complying with the specifications, drawings and/or specific project design. In the event the contractor's work is damaged by another party not under its supervision or control, the contraetor shall make a claim directly with the party involved. Such conflict shall not be cause for delay in the restoration of the damaged work. The contractor shall restore the work immediately and the cost thereof will be assigned pending the resolution of the conflict. 3.7 REJECTED WORK AND MATERIALS The contractor, upon written notice from the owner, shall remove fi-om the premises all work and materials rejected as defective, in workmanship or in installation, or in any way failing to conform to the requirements of the contract documents. The contractor shall at contractor's sole expense make good all work damaged by such removal and shall promptly replace materials damaged or improperly worked by. contractor and re-execute contractor's own work or work of any other contractor that is in any way affected by the removal of the defective work. The obligations of the contractor under this section shall not extend to defective materials or equipment supplied by the owner. If the contractor does not remove contractor's rejected work and materials within ten (10) days after written notice, the owner may remove and replace such work and materials at the expense of the contractor. 3.8 CLEANLINESS Promptly upon the completion of the work, at each jobsite, all scrap, trash, excavated materials, waste materials, and debris resulting from work under the contract shall be removed from the site. All contractor-owned facilities, materials, and equipment shall be removed from the site within (2) two days of a project completion unless otherwise agreed to by owner. Brady Environmental Services, Inc. 3.9 FIRE PROTECTION Only work procedures which minimize fire hazards to the eatent practicable shall be used. Good housekeeping shall prevail throughout the contract period. The contractor shall follow the recommendations of the Association of General Contractors' "Manual of Accident Prevention in Construction" regarding fire hazards and prevention. The contractor shall provide adequate fire protection equipment for each and every job site. The contractor alone shall be responsible for providing adequate fire protection. Failure of the contractor to comply with or the owner to enforce, the above requirement shall not relieve the contractor from any other responsibility or obligation under this contract.