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04-B Asbestos Abatement BidDRAFT F:kAttorneykALICEkRESWORK\CURRENTkAsbestos Abatement Award - Res.wpd May 9, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR ASBESTOS ABATEMENT AT THE BUILDING KNOWN AS THE UARCO BUILDING AND AT THE CITY HALL/OLD CENTRAL FIRE STATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of February, 2003, in Resolution No. 2003-037, approve the City Engineer to solicit proposals and negotiate a contract in accordance with State law for asbestos removal at the UARCO Building which will be converted to a law enforcement center for police, court, and jail facilities, and at the City Hall/Old Central Fire Station, which proposals were received until 3:00 o'clock p.m., Monday, the 21st day of April, 2003; and, WHEREAS, the City has retained ERI Consulting, Inc. as the City's special consultants to prepare the City's bid package for abatement services; to assess the bid responses of the respective entities seeking to perform the asbestos abatement; and, based on the review of the respective bids, and the consultant's research regarding past performance of the respective bidders, their record of compliance with State regulatory authorities, and their general compliance with rules and regulations for performing such important service, to make a recommendation to the City of Paris as to the lowest, responsive, responsible bidder for said service; and, WHEREAS, the aforesaid ERI Consulting, Inc., having reviewed the respective bids received by the City, and based on their assessment of the respective bidders thereto, determined that Empire Environmental, Inc. of Dallas, Texas, based on said bidder's compliance history, work history, prior experience, and other related factors, had submitted the lowest, responsive, responsible bid; and, WHEREAS, based on the aforesaid recommendation of ERI Consulting, Inc., the City Council finds and determines that although a lower price bid was submitted, the lowest, responsive, responsible bidder for said project was Empire Environmental, Inc. of Dallas, Texas, at a bid price of $33,303.75; and, WHEREAS, based on said finding, the City Council further finds and determines that Empire Environmental, Inc. of Dallas, Texas, should be awarded the bid for said abatement project in the total amount of $33,303.75; 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 Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 bid of Empire Environmental, Inc. of Dallas, Texas, for asbestos removal at the old UARCO building, which will be converted to a law enforcement center for police, court, and jail facilities, and for similar asbestos removal at the City Hall/Old Central Fire Station, in the amount of $33,303.75, is the lowest, responsive, responsible bid, 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 form of the contract with Empire Environmental, Inc., of Dallas, Texas, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the contract with Empire Environmental, Inc. of Dallas, Texas, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of May, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ERI Consulting, Inc. Page I of 2 CONTRACTOR AGREEMENT This Agreement made the __ day of. in the year 20 , by and between , . hereinafter called the Contractor, and The City of Paris, hereinafter called the Owner, '9,qTNESSETH, that the Contractor and the Owner for the consideration hereinafter named agree as follows: ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all of the materials and perform all of the v,'ork shown on the drawings and described in the specifications entitled "Asbestos Abatement - UARCO Building and City Hall/Old Fire Station Building, Paris, Texas," prepared by ERI Consulting, Inc., Consultant for the O~vner, acting as and in these Contract Documents entitled 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 Drax~Sngs. The following is enumeration of the Specifications, Drawings, and Project Manual: SPECIFICATIONS: I. Attachments II. Contract Conditions General Supplemental Special III. Technical Specifications Part 1 General Part 2 Materials and Equipment Part 3 Execution Part 4 Support Activities and Personnel HOLD HARMLESS AGREEMENT: Attached DRAWINGS: 1.1 Work to be accomplished is enumerated for the areas covered under this c°ntract in Secti°ns 1.1 ofthe Scope of Work. ALTERNATES: The following Alternates, fully described in the Specifications are included as a part of this Contract: NONE EXHIBIT ERI Consulting, Inc. AGREEMENT Page 2 of 2 ARTICLE 2. TIN[E OF COMPLETION: The work to be performed under th. is Contract shall be commenced as specified in the Proposal, and completed within that time frame. The time set forth for completion of the work is an essential element of the Contract. ARTICLE 3. THE CONTRACT SUM: The Owner shall pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, the sum of ( $ ), and make payments on account as hereinafter provided. For purposes of State Tax Exemptions, the following breakdown is submitted: (1) Labor, overhead, profit: $ (2) Materials to be incorporated into the construction project: $ 1N ~VITNE S S WHEREOF, the parties hereto have executed this Agreement as of the day and year first above ~vritten. Contractor By: Title: City Manager City Hall Offices 135 First Street Southeast Paris, TX 75460 Owner By: Title: I MEMORANDUM TO: Mayor and City Council FROM: Shawn Napie~ City Engineer DATE: May 8, 2003 SUBJECT: Asbestos Abatement After reviewing the recommendation from ERI Consulting, Inc., I would recommend that the City of Pads select Empire Environmental, Inc. to do the asbestos abatement on the UARCO Building and City Hall / Fire Station. ERI Consulting, Inc. is the consultant we retained to write the asbestos removal specification for both buildings. cc: Michael E. Malone, City Manager Larry W. Schenk, City Attorney Karl Louis, Chief of Police ERi CONSULTING, INC, P.O. Box2024, Tyler, Texas75710 2024 Republic Drive, Tyler, Texas 75701 Ph: (903) 534-5001 Fax: (903) 534-8701 www. ericonsulting,com April 28, 2003 Mr. Shawn Napier City of Paris Engineering Dept. 150 First Street SE (75460) P.O. Box 9037 Paris, Texas 75461-9037 RE: ES#03-189- Asbestos Abatement UARCO Building and City Hall~Old Fire Station Letter of Contractor Recommendation Dear Mr. Napier: Following is a list of the three low bidders and their total bids on the above referenced project. Horsley Specialties, Inc. (HSI), Carrollton, Texas ....................... $27,800.00 Empire Environmental, Inc., Dallas, Texas ............................ $33,303.75 Air Quality Associates, Inc. (AQA), Tyler, Texas ....................... $38,280.75 ERI estimated contractor's costs at $43,000.00 to $53,000.00. Because HSI's bid was so much lower than our estimated project cost, and in order to best assess the contractors' qualifications to perform a project of this scope, we requested additional information to be able to give you a good comparison of these low bidders. We asked all three low bidders to provide the date they obtained their asbestos abatement contractor's license in Texas. AQA was licensed in August 2001, and Empire in November 2001. HSI was licensed in 1997, however they only recently (Jan. 2003) opened an office in Texas. HSI provided, as required by the specifications, a list of 10 projects; however, all their projects were out-of-state. This is important, due to the fact that Texas has very strict rules pertaining to licensing and regulatory compliance, as compared to most other states. We also asked all three contractors to furnish us with a list of 10 projects performed in Texas within the past year (this project information was provided by AQA and Empire as part of their bid package). HSI was able to furnish us with only four projects performed in Texas during the past year. They also did not provide any information as to the scope of these projects. With respect to violation history, as required by the specifications, AQA and Empire have had none to date. HSI provided, along with their list of out-of-state work, a violation history showing numerous violations in other states, where they perform most of their projects, and one in Texas from a project performed in 1999. clp/ma cc: Larvd Schenk 03189bid.l~r EPA Consulting, Inc. Mr. Napier April 28, 2003 page 2 of 2 We have worked with AQA on numerous projects in the past, and have most recently (February 2003) completed a project with Empire. We would have confidence in the ability of either of these contractors to satisfactorily perform your project. Based on only four projects being performed by HSI in Texas during the past year, no information provided as to the scope of those projects, and their violation history provided as part of the bid package, we do not have adequate information on this company to recommend their selection as your contractor. As soon as you notify us of the City's decision on the contractor, we will prepare contracts. As per our conversation last week, the City will approve the contractor at the May 12 City Council meeting. At that time we will file TDH notification which will satisfy beginning the work by the first of June. If you should have any questions, or any additional information is requested to assist in your selection of the contractor, please do not hesitate to call me at 1-800-542-7248. Sincerely, Vice President clp/ma cc: Lan-/Schenk 03189bid.itt PUBLISH PARIS NEWS DATE: April 6, 2003 DATE: April 13, 2003 ADVERTISEMENT FOR BIDS PROJECT: ASBESTOS ABATEMENT 2003 - CITY HALL/FIRE STATION BUILDING AND UARCO BUILDING (TWO SEPARATE LOCATIONS) OWNER: CITY OF PARIS, PARIS, TEXAS Sealed bids for the above referenced asbestos abatement project will be received by the City of Paris, Paris, Texas, at the office of City Manager, City Hall, 135 1st S.E. Street, Paris, Texas 75460, until Monday, April 21, 2003, at 3:00 P.M., and then publicly opened and read aloud. No sealed bid packages may be changed, amended, or modified in any manner after it has been submitted. A sealed bid package may be withdrawn, however, and another sealed bid package submitted prior to the time set for receipt of sealed bids. All contractors must attend a mandatory pre-bid conference and optional walk through on Monday, April 14th, 2003 at 10:00 A.M. at 135 1s* St. S.E., Paris, Texas. Prospective bidders must notify ERI Consulting Inc. (903-534-5001) of their intention to attend the pre-bid conference, to be assured of receiving a copy of the Plans and Specifications at the conference. Plans and Specifications may be obtained at the pre-bid conference for a non-refundable fee of $50.00 fi.om the Project Consultant. The City of Paris, Paris, Texas, as OWNER, reserves the right to waive any and all informalities and to reject any and all bids. Bids must be submitted on the bid form included in the Contract Documents. Bid Security (Bid Bond) in the amount of 5% of total bid price must be submitted with each bid. All Bids shall remain open for 90 days after the Bid opening. The two locations for the asbestos abatement work are: UARCO Building City Hall/Fire Station 2800 & 2910 Clarksville St. 135 1st St. S.E. Paris, Texas 75460 Paris, Texas 75460 It is intended that the project be awarded as a single contract to include all construction as shown in the contract documents. By Resolution of the City Council City of Paris Pads, Texas Assistant City Clerk c-~~ ~, Thomas E. Haynes Q ERI CONSULTING, INC. ~ P.O. Box 2024, Tyler, Texas 75710 2024 Republic Drive, Tyler, Texas 75701 SPECIFICATIONS Ph: (903) 534-5001 Fax: (903) 534-8701 PROPOSAL FORMS www. ericonsulting.com CONTRACT DOCUMENTS For Asbestos Abatement of Floor Tile and Mastic and Thermal System Insulation U,4RCO Building 2800 / 2910 Clarksville Street and City Hall~Old Fire Station 135 First Street SE Paris, Texas CITY OF PARIS c/o Mr. Shawn Napier City of Pads Engineering Dept. 150 S.E. First Street Paris, Texas 75460 ES# 03-188 and 03-189 Prepared by ERI Consulting, Inc. Date. '/-//-0 ERI Consulting, Inc. CONTENTS ATTACHMENTS Diagrams Notice to Bidders Information for Bidders Proposal Submittals Checldist Agreement Hold Harmless Agreement Performance Bond Payment Bond Contractor's Affidavit of Bills Paid II. CONTRACT CONDITIONS General Conditions Article I. Contract Definitions Article II. Laws Governing Construction Article III. Contract Documents and Bonds Article IV. Contract Administration Article V. Contract Responsibilities Article VI. Contract Changes Article VII. Contract Payments Article VIII. Contract Completion Time Article IX. Contract Substantial Completion Article X. Contract Final Acceptance and Payment Article XI. Contract Warranty and Guarantee Article XII. Supplement and Special Conditions Supplemental Conditions Special Conditions Article I. Definitions III. TECHNICAL SPECIFICATIONS Part 1. - General 1.1 Scope of Work 1.2 Description of Work 1.3 Applicable Standards and Guidelines 1.4 Submittals and Notices 1.5 Site Security 1.6 Emergency Planning 1.7 Pre-start Meeting I ERI Consulting, Inc. CONTENTSCONTINUED Part 2 - Materials and Equipment 2.1 Materials 2.2 Equipment 2.3 Substitutions Part 3 - Execution 3.1 Preparation 3.2 Work Place Entry and Exit Procedures 3.3 Personal Protection Requirements 3.4 Removal Procedures 3.5 Clean-up Procedures 3.6 Clearance Air Monitoring 3.7 Disposal Procedures 3.8 Reestablishment of the Work Area and Systems Part 4 - Support Activities and Personnel 4.1 Training 4.2 Medical Monitoring 4.3 Owner's Responsible Person 4.4 Air Sampling Professional 4.5 Laboratou Services ERI Consulting, Inc. NOTICE TO BIDDERS - The City of Paris will receive sealed bids for the "Asbestos Abatement - UARCO Building and City Hall/Old Fire Station Building, Paris, Texas" project until 3:00 p.m., Monday, April 21, 2003 at the Office of the City Manager, City Hall, 135 First Street Southeast, Paris, TX 75460. Bids should be addressed to: City of Paris, Engineering Dept. Attn: City Manager -- 135 First Street Southeast Paris, TX 75460 Envelope should be plainly marked in lower left-hand comer: .- Proposal: Asbestos Abatement Project 2003 - UARCO Building and City Hall/Old Fire Station Building, Paris, Texas .- Bids will be opened and read aloud immediately after the specified closing time. No bid may be changed, amended, or modified in any manner after it has been submitted. A bid may be withdrawn, however, and another bid submitted prior to the time set for receipt of bids. The job will be awarded under one (1) lump sum contract. The successful bidder will be required to enter into a contract with the City of Paris. The contract shall include ERI's Technical - Specifications and contract conditions, a copy of which may be obtained at the pre-bid conference. A Cashier's Check or a Certified Check payable to City of Paris, or an acceptable Surety Proposal Bond, in an amount of not less than five percent (5%) of the largest possible total bid, including alternates, must accompany each bid as a guarantee that, if awarded the contract, the bidder will promptly enter into a contract and execute bonds on forms provided as outlined in the Specifications. -- A Performance and Payment Bond in the amount of one hundred percent (100%) of the contract price will be required, if the contract price is more than $25,000.00. All bidders must attend a mandatory pre-bid conference on Monday, April 14, 2003 at 10:00 a.m. at the 135 First Street Southeast, Paris. Prospective bidders must notify ERI of their intention to _ attend the pre-bid conference, to be assured of receiving a copy of the Plans and Specifications at the conference. Plans and Specifications may be obtained at the pre-bid conference for a non- refundable fee of $50.00 from the Project Consultant (Owner's Representative): ERI Consulting, Inc. P. O. Box 2024 · Tyler, Texas 75710 903/534-5001 - The Owner reserves the fight to reject any and all bids. ERI Consulting, Inc. INFORMATION FOR BIDDERS page I of 3 -- PLANS AND SPECIFICATIONS Distribution: The Consultant will provide one (1) set of Specifications to contractors who -. propose to submit a bid to the Owner. EXPLANATION TO BIDDERS No oral explanation in regard to the meaning of the Specifications will be made, and no oral instruction will be given, before the award of the Contract. Discrepancies, omissions, or - doubts as to the meaning of the Specifications should be communicated in writing to the Consultant for interpretation. Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their bids. Any interpretation made will be in - the form of an addendum to the Specifications, which will be forwarded to all bidders, and its receipt should be acknowledged on the Bid Form. CONSULTANT CONTACT Any questions or concerns regarding this Invitation to Bid shall be directed to: Mr. Christopher L. Power, TDH Consultant Lic. #10-5566 ERI Consulting, Inc. - 2024 Republic Drive Tyler, Texas 75701 (903)534-5001 - Fax: (903)534-8701 chris~ericonsulting.com - INQUIRIES & INTERPRETATION Responses to inquiries which directly affect an interpretation or change to this Invitation to Bid will be issued in writing by addendum (amendment) and mailed to all parties recorded by owner as having received a copy of the Invitation to Bid. All such addenda issued by owner prior to the time that proposals are received shall be considered part of the Invitation - to Bid, and the Respondent shall be required to consider and acknowledge receipt of such in his proposal. Firms receiving this proposal other than directly from owner are responsible _ for notifying owner that they are in receipt of a proposal package and are to provide a name and address in the event an amendment is issued. _ Only those inquiries owner replies to which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. The Respondent must acknowledge all addenda by either signing and returning such document(s) - or by letter. Such acknowledgment must be received prior to the hour and date specified for receipt of proposals, or shall accompany the proposal. ERI Consulting, Inc. INFORMATION FOR BIDDERS page 2 of 3 BID FORM Bids shall be submitted on the form in the set of Specificatious. No bids will be considered that are qualified with conditional clauses, or alterations, or items not called for in the proposal, or irregularities of any kind, which in the Owner's opinion, may disqualify the bidder. Names of firms, or joint ventures, submitting proposals shall be the same on both the Proposal Form and Bid Bond, and subsequently on the Performance and Payment Bonds as that submitted by the bidder awarded the Contract. SALES & USE TAX The City of Purls qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Contractor may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. ASSIGNMENT The agreement with Contractor is a personal service contract for the services of Contractor, and Contractor's interest in such agreement, duties thereunder and/or fees due thereunder may not be assigned or delegated to a third party. The benefits and burdens of this agreement, however, are assignable by owner. HOLD HARMLESS AGREEMENT Once the contractor has been awarded the contract, he shall be required to complete and submit to the Owner the Hold Harmless Agreement which will be provided by the consultant as an attachment to the contract. TERMINATION OF BIDS No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the opening date without consent of the Owner. INSURANCE / BONDING The contractor shall submit satisfactory evidence of their ability to obtain bonding in the amount of up to $250,000.00. This assurance shall be submitted as part of the proposal forms. The contractor shall obtain appropriate performance and payment bonds for all services provided under this contract. Bonds shall be executed on the forms as found ia Section I of the Contract Specifications. The contractor shall submit certificates showing proof of Workers' Compensation and Liability insurances as specified in Section 5.7, General Conditions, of these Specifications. Asbestos Specific Liability insurance policy may not have an asbestos exclusion and must include transportation. Policy must provide coverage on a per project basis. ERI Consulting, Inc. LI~ING page 3 of 3 The contractor shall submit proof of Texas Department of Health licensing and/or _ registration including: Asbestos Abatement Contractor, Asbestos Waste Transporter, and Asbestos Abatement Supervisors and Workers. PRIOR EXPERIENCE The contractor shall submit a list of 10 projects which best illustrates their ability to successfully complete this project. List not more than 10 projects. List the project name - and location, nature of contractor's responsibility, project owner's name and address/project manger's name, completion date, estimated cost for the enti~e project and work for which contractor was responsible for. VIOLATION HISTORY The contractor shall submit documentation of their compliance history, including a list of -- any and all Notices of Violation or other citations or warnings associated with work practices. Evidence shall include a statement from the Texas Department of Health showing current status as of April 2003. CERTIFICATE OF GOOD STANDING ~_ The contractor must submit a certificate of good standing issued by the State Comptroller of Public Accounts Office for the State of Texas. If the contractor is situated outside the State of Texas, a certificate of authority should be submitted by the Texas Secretary of -- State, authorizing the corporation to do business in the state. PROPOSAL DOCUMENTS -" All submittals identified on the Submittals Checklist shall be considered an integral part of the proposal documents. Contractor's failure to submit all required Submittals, or failure to adequately address any portion thereof, may disqualify contractor's bid. Each -- of these Submittals shall be clearly identified, and should thoroughly and accurately address each item. ERI Consulting, Inc. PROPOSAL TO: The City of Paris, Texas 1. The undersigned bidder proposes to furnish all labor, material and other items for the project, "Asbestos Abatement 2003 - UARCO Building and City Hall/Old Fire Station Building, Pads, Texas" in accordance with the Specifications as prepared by ERI Consulting, Inc., consultant for the project. 2a. UARCO Building: Our Lump Sum Price for the asbestos abatement, in accordance with Specifications, is as follows: Dollars ($ ). Total Bid 2b. City Hall/Old Fire Station Building: Our Lump Sum Price for the asbestos abatement, in accordance with Specifications, is as follows: Dollars ($ ). Total Bid 2c. Total Lump Sum Price for the asbestos abatement, (2a + 2b) in accordance with Specifications, is as follows: Dollars ($ ). Total Bid 3. The project duration will be: City Hall - 2 days. UARCOBuilding- 16days. 4. The undersigned bidder acknowledges receipt of addenda as follows (If none received, write none): 5. A Bid Bond, Cashier's Certified Check, payable to the in the amount of five percent (5%) of the highest possible bid is enclosed. Bidder Authorized Signature/Title Address Telephone Number ERI Consulting, Inc. SUBMITTAI,S CHECKLIST Proposal Form Proposal Bond Proof of Insurance Proof of Licensing Assurance of Bonding Capability Prior Experience Violation History Certificate of Good Standing Addenda Acknowledgment - ADDENDA ACKNOWLEDGMENT Receipt is hereby acknowledged of the following addenda to this request for proposal. (Initial if applicable) - None Received No. 1__ No. 2 No. 3 No. 4 Respectfully submitted, By: -- (Authorized Signature) Date: ERI Consulting, Inc. Page 1 of 2 CONTRACTOR AGREEMENT This Agreement made the __ day of in the year 20 , by and between , , hereinat~er called the Contractor, and The City of Paris, hereinafter called the Owner, WITNESSETH, that the Contractor and the Owner for the consideration hereinafter named agree as follows: ARTICLE 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 ~ ' UARCO Building and City Hall/Old Fire Station Building, Pads, Texas," prepared by ERI Consulting, Inc., Consultant for the Owner, acting as and in these Contract Documents entitled 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. The following is enumeration of the Specifications, Drawings, and Project Manual: SPECIFICATIONS: I. Attachments II. Contract Conditions General Supplemental Special III. Technical Specifications Part 1 General Part 2 Materials and Equipment Part 3 Execution Part 4 Support Activities and Personnel HOLD HARMLESS AGREEMENT: Attached DRAWINGS: 1.1 Work to be accomplished is enumerated for the areas covered under this contract in Sections 1.1 of the Scope of Work. ALTERNATES: The following Alternates, fully described in the Specifications are included as a part of this Contract: NONE ERI Consulting, Inc. AGREEMENT Page 2 of 2 ARTICLE 2. TIME OF COMPLETION: The work to be performed under this Contract shall be commenced as specified in the Proposal, and completed within that time frame. The time set forth for completion of the ~vork is an essential element of the Contract. ARTICLE 3. THE CONTRACT SUM: The Owner shall pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, the sum of ( $ ), and make payments on account as hereinafter provided. For purposes of State Tax Exemptions, the following breakdown is submitted: (1) Labor, overhead, profit: $ (2) Materials to be incorporated into the construction project: $. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Contractor By:. Title: _ City Manager City Hall Offices 135 First Street Southeast - Paris, TX 75460 Owner By: Title: ERI Consulting, Inc. HOLD HARMLESS AGREEMENT In connection with any activities, services, construction or installation (collectively, "Services") performed or to be performed by the undersigned ("Contractor") or its Owners, officers, employees, agents or consultants (collectively, "Employees and Agents'), Contractor acknowledges and agrees with Owner, The City of Paris, the Owner will not exercise control or right of control over the Contractor or its Employees and Agents or the Services. The Contractor is to furnish its own tools and equipment and Owner is interested only in the final results of the Services. Contractor is doing the work under contract and is an independent contractor and not am employee or agent of Owner. By signing below in the space provided for the Contractor, the Contractor expressly agrees to protect, defend, indemnify, save harmless and reimburse Owner against loss, damage, or expense of any kind, as incurred, by reason of any regulatory violations (state or federal), suits, claims, demands, or judgment and causes of action arising out of, in consequence of, or in any way related to the performance by Contractor of the Services, including any claims or causes of action brought or claimed by Contractor's own Employees and Agents. It is the express intention of the Contractor to protect, defend, indemnify and save harmless the Owner, regardless of whether any such demands, claims, or causes of action, allege, arise out of, or in any manner relate to violations of regulations specifically covering asbestos, defects in materials, workmanship or design, personal injury, condition of property or premises or the negligence (concurrent, joint or sole) of Owner or any other fault claims as a basis of liability for Owner. It is further agreed that Contractor will obtain and maintain full and adequate insurance coverage reasonably satisfactory to Owner in order to fulfill the obligation under this contract and that contractor will furnish to Owner a certificate confu-ming said insurance. CONTRACTOR Company Name: By (Signature): -- Printed Name: Title: Owner By: Owner's Authorized Representative RPR 1! 2003 8:57RH CITY OF PRRIS RNHEX 9037841798 Construction Payment Bond Any sine, ular ~f~,~,,,~e to Contractor. Surety. Owner or other'oar~' shall be considered olural where avolicabl¢. CONTRACTOR (Name and Address): SURETY(Namc and Principal Place of Business): OWNER(Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description(Name and Location): -' BOND Date(Not earlier than Construction Conmmt Date): Amount: - Modifications to t/ds Bond Form: - CONTRACTOR AS PRINCIPAL SUR~I'Y Company: (Colp. Seal) Company:. (Corp. Seal) -- Signature: Signature: Name and Title: Name and Title: CONTRACTOR AS PRINCIPAL SURETY .... Company: (Corp. Se. al) Company. (Corp. Seal) Si/nature: Signature: Name and Title: Name and Title: F2DC No. 1910-2~B (1984 F~dilics]) 26 APR 1! 2003 8:57AM CITY OF PARIS ANNEX SO378417S8 Construction Performance Bond Ally ~ilnmd~r I~f~i'c-nce to Contractor. Sm-crv. Owuer or other oarW shall bc considexcd ~lural where aoolicable. CONTRACTOR (Name and Address): SURETY(Name and Principal PIace of Business): OWNER(Name and Address): CONSTRUCTION CONTRACT Date: Amount: De~ription(Namc and Location): -- BOND Date(Not earlier than Conam~tian Contract Dat~): Amount: _ Modifications to this Bond Form: _. CONTRACTOR AS PRINCIPAL SURETY Company:. (Corp. S~al) Company:. (Corp. Seal) _ Signature: Signature: Name and Title: Name and Title: CONTRACTOR AS PRINCIPAL SURETY Company:. (Corp. Seal) Company: (Corp. S~al) Signature: Sigmtu~: Nam~ and Title: Namo and Title: E~DC No. 1910-28/* (19~ F~lili~m ) 2~ ERI Consulting, Inc. CONTRACTOR'S AFFIDAVIT OF BILLS PAID STATE OF TEXAS COUNTY OF Personally, before me the undersigned authority, on this day appeared , who, being duly sworn on oath, says that he is a duly authorized representative of , and that the contract for -- construction of has been satisfactorily completed and that all sums of money due for labor, materials, and equipment furnished for the purpose __ of such improvements provided for in this contract, to the best of my knowledge and belief, have been paid. Signature Title -- Sworn to and subscribed before me this day of ,200._. -- Notary Public in and for County, Texas (SEAL) Instructions: If the contractor is an individual, he shall sign the affidavit. If the contractor is a parmership, any partner may sign the affidavit. If the contractor is a corporation, a person authorized by the by-laws or by the Board of Directors shall sign the affidavit. If the contractor is a joint-venture of individuals, any of the individuals may sign the affidavit. If the contractor is a joint-venture ofparmerships or of individuals and partnerships, the affidavit may be signed by the individual or any partner of any partnership. If the contractor is a joint-venture in which a corporation is a party, separate affidavits must be executed in the name of the joint-venture; one by each corporation and one by each individual or partnership. Signatures for corporations should be a duly authorized officer. If signature is by another, a showing of anthority to sign must accompany the affidavit. ERI Consulting, Inc. CONTRACTOR'S AFFIDAVIT OF BILLS PAID STATE OF TEXAS COUNTY OF Personally, before me the undersigned authority, on this day appeared · who, being duly sworn on oath, says that he is a duly authorized representative of , and that the contract for construction of has been satisfactorily completed and that all sums _ of money due for labor, materials, and equipment furnished for the purpose of such improvements provided for in this contract, to the best of my knowledge and belief, have been paid. Signature Title ~- Sworn to and subscribed before me this day of ,200__. Notary Public in and for County, Texas _ (SEAL) Instructions: If the contractor is an individual, he shall sign the affidavit. If the contractor is a partnership, any panner may sign the - affidavit. If the contractor is a corporation, a person authorized by the by-laws or by the Board of Directors shall sign the affidavit. If the contractor is a joint-venture of individuals, any of the individuals may sign the affidavit. If the contractor is a joint-venture of partnerships or of individuals and partnerships, the affidavit may be signed by the individual or any partner -- of any partnership. If the contractor is a joint-venture in which a corporation is a party, separate affidavits must be executed in the name of the joint-venture; one by each corporation and one by each individual or partnership. Signatures for corporations should be a duly authorized officer. If signature is by another, a showing of authority to sign must accompany the affidavit. ER/Consulting, Inc. -- GENERAL CONDITIONS -- ARTICLE I. CONTRACT DEFINITIONS Whenever the following terms are used in these General Conditions, or in the other Contract Documents, the intent and meaning shall be interpreted as follows: 1.1 CONTI~ACT DOCUMENTS: The Contract Documents consist of the Owner-Contractor Agreement, the Conditions of the Contract (General, Supplementary, and Special Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the -- Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a change order, or (3) a written order for a minor -- change in the work issued by the Engineer/Project Manager pursuant to paragraph 6.4. The contract documents do not include Bidding Documents such as the Advertisement or Invitation to Bid, the Instructions to Bidders, sample forms, the Contractor's bid, or portions of Addenda relating to any of these, or any other documents, unless specifically numerated in the Owner-Contractor Agreement or the Supplementary Conditions. 1.1.1 The Contract Documents form the CO~'£~ACT, which represents the entire -- and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations, representations, or agreements, _ either written or oral. The Contract Documents are complementary, and what is required by one document shall be as binding as if required by all. 1.2 OWNER: The Owner is the entity named in the Contract Documents acting through its Authorized Agent. -- 1.3 ENGINEER/PROJECT MANAGER: A person registered as an architect pursuant to Article 249a, V.T.C.S., as a landscape architect pursuant to Article 249c, -- V.T.C.S., and/or a person licensed as a professional engineer pursuant to Article 3271a, V.T.C.S., employed to provide professional architectural or engineering services, and having overall responsibility for the design of a project or a significant portion thereof. The term "Engineer/Project Manager" means an Engineer/Project Manager, or a firm consisting of such persons, in private practice retained for a specific project under a contractual agreement with the Owner. -- 1.4 CONTRACTOR: The individual, corporation, company, partnership, firm, or other organization that has contracted to perform the work under the -- Contract with the Owner. --- 4/11/03 i ERI Consulting, Inc. 1.5 SUBCONTRACTOR: A person or organization who contracts under the Contractor for the performance of part or all of the Contract between the Owner and the Contractor. The Subcontract may be direct with the Contractor or with another Subcontractor. 1.6 PROJECT: The term "Project" shall include the construction of any building or any structure or any facility or any utility appurtenant thereto, including original equipment and original furnishings thereof, and of any addition to, alteration, rehabilitation or repair of any existing building or any structure, or any facility or utility appurtenant thereto. 1.7 WORK: All labor, materials, facilities, and all other things which are required by the Contract Documents. 1.8 DATE OF SUBSTANTIAL COMPLETION: The date of Substantial Completion of the Work, or designated portion thereof, is the date jointly certified by the Engineer/Project Manager, Owner and Contractor when construction is so sufficiently complete, in accordance with the Contract Documents, that the Owner may utilize the work, or a designated portion thereof, for the use for which it is intended. 1.9 THE CONTRACT SUM: The Contract Sum is the total compensation payable to the contractor for performing the Work as originally contracted, or as subsequently adjusted by contract modifications. The Contract Sum shall be the total price as provided by the contractor in the contractor's original proposal and shall include all sales tax, fees, permit fees, etc. 1.10 WRITTEN NOTICE: Written Notice shall be considered to have been duly given if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. ARTICLE II. LAWS GOVERNING CONSTRUCTION 2.1 COMPLIANCE WITH LAWS: In the execution of the Contract, the Contractor must comply with all applicable State and Federal laws, including but not limited to, laws concerned with labor, equal employment opportunity, safety, minimum wages, asbestos abatement and asbestos worker protection. The Contractor shall make himself familiar with, and at all times shall observe and comply with, all Federal, State and Local laws, ordinances and regulations which in any manner affect the conduct of the Work, and shall indemnify and save harmless the Owner, his heirs, and successors against any claim arising from _ 4/~1/03 2 ERI Consulting, Inc. violation of any such law, ordinance or regulation by himself or by his employees. 2.1.1 The Contractor shall cooperate with applicable City, State, or Federal officials and inspectors at all times where their jurisdiction prevails. If such officials or inspector deems any inspection necessary, the Contractor shall provide assistance and facilities that will expedite his inspection. The Contractor shall make application and pay all costs for any permits and all temporary services and utilities which are required for the execution of the Contract. Costs of all permits, inspection fees, service, utility fees, taps, etc., shall be included as part of the total cost of the work. 2.2 WAGE RATE__S: The Contractor is required to pay not less than the wage scale of the various classes of labor as shown on the "Prevailing Wage Schedule" provided by the Owner. The specified wage rates are minimum rates only, and the Owner will not consider any claims for additional compensation made by any Contractor because of payment by the Contractor of any Wage Rates in excess of the applicable rate contained in the Contract. 2.2.1 Pursuant to the provisions of Section 2258.023(b) of chapter 2258, Government Code "A contractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $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. A public body awarding a contract shall specify this penalty in the contract." 2.3 STATE SALES TAX: The Owner may qualify for exemption from State and Local Sales Tax pursuant to the provisions of the Texas Limited Sales, Excise and Use Tax Act (Taxation - General, Article 20.04, V.T.C.S.). The Contractor may confirm exemption from payment of applicable State Sales Taxes at the pre-bid conference with the engineer, and if exempt, may claim exemption by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. ARTICLE III. CONTRACT DOCUMENTS AND BONDS 3.1 COPIES FURNISHED - DRAWINGS AArD SPECIFICATIONS: The Contractor will be furnished free of charge the number of complete sets of the Contract Drawings and Specifications as provided in the Supplemental Conditions. 4/11/03 3 ERI Consulting, Inc. Additional sets of Drawings and Specifications, if requested, will be furnished at reproduction cost. 3.2 OWI~ERSHIP OF DRAWINGS AND SPECIFICATIONS: All Drawings, Specifications and copies thereof furnished by the Engineer/Project Manager are, and shall remain, his property. They are not to be used on any other project, and with the exception of one contract set for each party to the Contract, are to be returned to the Engineer/Project Manager upon request following completion of the Work. 3.3 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the job site a copy of all Drawings, Specifications, Addenda, approved Shop Drawings and Contract Modifications, in good order and marked to record all changes made during construction. 3.4 PERFORCE ~ PAYMENT BONDS: NO Payment or Performance Bonds shall be required on Contracts of $25,000.00 or less. If the total Contract Price exceeds $25,000.00, the Contractor shall execute in accordance with the provisions of Chapter 2253 Government Code the following bonds to the Owner: 3.4.1 Performance Bond in the amount of the total Contract Price, conditioned upon faithful performance of the Contract. Said Bond shall be solely for the protection of the Owner. 3.4.2 Payment Bond in the amount of the total Contract Price, solely for the protection of those supplying labor and materials in the execution of the Contract. 3.4.3 Each Bond shall be executed by a Corporate Surety or Corporate Surety duly authorized to do business in the State of Texas, acceptable to the Owner, and on forms approved by the Attorney General of Texas. If any Surety upon any Bond furnished in connection with the Contract becomes insolvent, or otherwise not authorized to do business in this State, the Contractor shall promptly furnish equivalent security to protect the interest of the Owner and of persons supplying labor or materials in the execution of the Work required by the Contract. ARTICLE IV. CONTR3%CT ADMINISTRATION 4.1 GENERA3~ ADMINISTRATION: Unless otherwise provided for in Supplemental Conditions, the Engineer/Project Manager will provide general administration of the Contract and will be the Owner's Representative during construction and until final payment. 4.1.1 The Engineer/Project Manager has the authority to act on behalf of the Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument which will be shown to the ERI Consulting, Inc. Contractor. The Engineer/Project Manager will consult with the Owner and all the Owner's instructions will be issued through the Engineer/Project Manager except where the Owner reserves such right to issue instructions directly to the Contractor through other designated representatives. 4.1.2 All instructions shall be confirmed expeditiously in writing, with copies furnished the Engineer/Project Manager, the Owner's designated representatives, and the Contractor by the party issuing instructions. No instruction affecting the Engineer/Project Manager's design liability shall be issued without his prior written consent. 4.1.3 The Engineer/Project Manager shall have the authority to reject work performed by the Contractor, or to stop work on the project, if in his opinion, the requirements of the Contract are not being complied with and to order such work repeated or removed and replaced in accordance with paragraph 5.11. 4.2 ACCESS TO AND INSPECTION OF THE WORK: The Contractor shall provide sufficient safe and proper facilities at all reasonable times for the observation and/or inspection of the Work by the duly authorized representative of the Owner as specified in the Contract. The Engineer/Project Manager will make periodic visits to the site to familiarize himself with the progress and quality of the Work, and to determine if the work is proceeding in accordance with the Contract Documents. 4.3 SEPARATE CONTRACTS: The Owner reserves the right to award other contracts in connection with other portions of the Project under these or similar conditions of the Contract. 4.3.1 When separate contracts are awarded for different portions of the Project, "the Contractor" in the Contract Documents in each case shall be the Contractor who signs each separate Contract. This Contractor shall properly connect and coordinate his work with the work of other contractors. If any part of this Contractor's work depends for proper execution or proper results on the work of any other separate contractor, this Contractor shall inspect and promptly report in writing to the Engineer/Project Manager any discrepancies or defects he may find in such other work that render it unsuitable for such proper execution and results. Failure of this Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to ERI Consulting, Inc. -- defects which may develop in the other separate contractor's work after the execution of this Contractor's work. 4.3.2 Should this Contractor cause damaffe to the work or property of any separate contractor on the Project, this Contractor shall, upon due notice, endeavor to settle with such other contractor by agreement. If such separate contractor sues the Owner on account of any darmage alleged to have been so sustained, the Owner shall notify this -- Contractor who shall defend such proceedings and pay all costs in connection therewith, and if any judgment against the Owner arises therefrom, this Contractor shall pay or satisfy it. 4.3.3 This Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work and shall properly connect and coordinate his work with theirs. 4.4 COAITRACT TER14INATION: 4.4.1 Termination by Contractor. If the Work is stopped for a period of ninety (90) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, then the Contractor may, upon ten (10) additional days written notice to the Owner and the -- Engineer/Project Manager, terminate the Contract and recover from the Owner payment for all Work executed and for any loss sustained upon -- any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. If the Work is recommenced during the ten (10) days notice period, the Contractor may not terminate the Contract. 4.4.2 Termination by Owner. If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he -- persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner may, without 4/lX/03 6 ERI Consulting, Inc. prejudice to any right or remedy and after givin~ the Contractor and his surety, if any, ten (10) days written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor. Should the surety fail to pursue completion of the Work with reasonable speed, .k_ Owner may arrange for completion of the Work and deduct the cost thereof from the unpaid Contract sum remaining, including the cost of additional Engineer/Project Manager services made necessa-'-?' by such default or neglect, in which event no further payment shall then be made by the Owner until all costs of completing the Work shall have been paid. 4.4.3 If the unpaid balance of the Contract sum exceeds the costs of finishing the Work, including compensation for ~ke Engineer/Project Manager's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor or his surety shall pay the difference to the Owner. This obligation for payment shall survive the termination of the Contract. ARTICLE V. CONTRACT RESPONSIBILITIES 5.1 OWNER'S RESPONSIBILITIES: The Owner shall furnish all surveys describing the physical characteristics, legal description and limitations, site utility locations and other information necessary to the Contractor which is under the Owner's control. Communication with the Contractor shall be through the Engineer/Project Manager unless otherwise stipulated in writing. Necessary actions of the Owner including processing of payments to the Contractor shall be accomplished with reasonable promptness. The Owner shall pay for all sample collection and laboratory analysis and routine testing of materials agreed by the Owner and Engineer/Project Manager to be required by the Contract Documents, excepting for retesting required by failure of the initial test. 5.2 OWNER-CONTRACTOR OBLIGATIONS: The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign the Contract or sublet it as a whole without the written consent of the ~ner, nor shall the Contractor assign any monies due or to become due to him hereunder, without the previous written consent of the Owner. ERI Consulting, Inc. 5.3 CONTRACTOR'S RESPONSIBILITIES: The Contractor shall supervise and direct the Work using his best skill and attention. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under his Contract in accordance with the plans and specifications. 5.4 CONTP~ACTOR'S SUPERINTENDENT: The Contractor shall employ a competent superintendent who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner, and shall not be changed except with the approval of the Owner, or if he leaves the employment of the Contractor. The superintendent shall represent the Contractor and shall have full authority to act on his behalf. All communications given to the superintendent shall be as bindin~ as if ~iven to the Contractor. All verbal communications will be confirmed in writing. 5.5 ACTS AND OMISSIONS: The Contractor shall be responsible for acts and omissions of his employees and his subcontractors, their a~ents and employees. 5.6 CONDITIONS AT SITE OR BUILDING: 5.6.1 The Contractor is responsible for havin~ visited the site and havin~ ascertained pertinent local conditions such as location, accessibility, and ~eneral character of the site or building, the character and extent of existin~ work within an adjacent to the site, and any other work being performed thereon at the time of the submission of his proposal. Any failure to do so will not relieve him from responsibility for successfully performin~ the Work without additional expense to the Owner. 5.6.2 If, in the performance of the Contract, subsurface, latent or concealed conditions at the site are found to be materially different from those indicated by the Drawings and Specifications, or if unknown conditions of an unusual nature are disclosed which differ materially from the conditions usually inherent in work of the character shown and specified, the Engineer/Project Manager shall be notified in writin~ of such conditions before they are disturhed. Upon such notice, or upon his own observation of such conditions, the Engineer/Project Manager, with the approval of the Owner, will promptly make such changes in the Drawings and Specifications as he deems necessary to conform to the different conditions, and any increase or decrease in the cost of the Work, or in the time within which the Work is to be completed, resulting from such chan~es will _ 4/11/03 8 ERI Consulting, Inc. ~ be adjusted by Change Order, subject to the prior approval of the Owner. 5.7 INSURANCE: Contractor shall take out, carry and maintain in insurance company or companies, and in policies of insurance acceptable to Owuuer, the following insurance with limits not less than indicated for the respective item-~: a. Workers Compensation and Occupational Disease Insurance, including -- Employer's Liability, complying with laws of the State in which the work is to be performed or elsewhere as may be required. Employer's Liability Insurance shall be provided for all workers on the job site with a limit not less than $1,000,000.00. b. Comprehensive General Liability Insurance*, included Contractual Liability and Products-Completed Operations Liability and Explosion, Collapse and Underground Damage Liability, as well as coverage on all Contractor's equipment (other than motor vehicles licensed for highway use) owned, hired or used in performance of this Contract with limits - not less than: $3,000,000 Bodily Injury & Property Damage Corabi~ed each occurrence and aggregate. c. Automobile Liability Insurance*, including Contractual Liability, covering all motor vehicles owned, hired or used in the perforraa/xce of this Contract, with limits not less th~u: $1,000,000 Bodily Inju_wy & Property Damage Combined each occurrence and aggregate. d. The contractor will provide Liability Insurance for pollution and cleanup costs for the transportation of ACM from the job site to the landfill. This may be by endorsement to the General Liability or -- Automobile Liability or may be a separate policy. e. Coverage for each limit must apply to this project and may not be reduced by prior claims. * Must cover Owner as an additional insured and policy shall contaitx the following language: "Naming Owner as an additional insured shall not prevent recovery in any situation in which recovery would have been available had Owner not been named additional insured." -- When requested by Owner, Contractor shall provide Certificates of Insu~az~ce or copies of policies prior to commencement of any Work hereunder, evidencing coverage as defined in this Article 7 during the term of this Contract to t_he Owner, at the location specified in the Contract Instructions below. Such certificates shall provide that thirty (30) days' advance written notice shall _ 4/11/03 9 ERI Consulting, Inc. -- be given to Owner in the event of any material c~%nge in, or cancellation of, such insurance. 5.8 SAFETY PRECAUTIONS A/rD PROGP3%MS: 5.8.1 The Contractor shall be responsible for initiating, maintaining and supervising safety precautions and pro,rams in connection with the Work. Unless otherwise designated in writing by the Contractor, his job superintendent shall be considered responsible for safety and protection on the job-site. The Contractor shall take reasonable precautions for the safety of, and shall provide protection to prevent -- damage, injury or loss to: 5.8.1.1 All employees on the Work and all other persons who may be affected thereby. 5.8.1.2 All the Work and all materials to be incorporated therein, whether in storage on or off the site. 5.8.1.3 Other property at the site or adjacent thereto including trees, shrubs, lawns, walks, pavements, roadways, structures and -- utilities not designated for removal, relocation or replacement in the course of construction. _ 5.8.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property to protect them from damage, injury or loss. 5.8.3 In any emergency affecting the safety of persons or property, the -- Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed -- by the Contractor resulting from emergency work shall be considered in accordance with Article VI for Contract changes. 5.9 MATERIALS AND WORKMANSHIP: All Work shall be executed in accordance with the Contract Documents, complete in all pa,-ts and in accordance with approved practices and customs, and of the best finish and workmanship. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. 5.10 TESTS: If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to be -- inspected, tested or approved, the Contractor shall give the Engineer/Project Manager timely notice of its readiness and of the date arranged so the Engineer/Project Manager may observe such inspection, testing or approval. In addition, the Owner or the Engineer/Project Manager ERI Consulting, Inc. may require special inspection, testing or approval of material or work o~ compliance with the requirements of the Contract Documents. Upon Owner- authorized direction of the Engineer/Project Manager, the Contractor shall promptly arrange for such special testing, inspection or approval procedure. Should the material or work fail to comply with the requirements of the Contract Documents, the Contractor shall bear all costs of the testing, inspection or approval as well as the cost of replacement of unsatisfactory material or work as provided by paragraph 5.11; otherwise, the Owner shall bear such costs and an appropriate change order shall be issued. The costs of routine testing shall be borne by the Owner, but the Contractor shall be responsible for the cost of material tested. When directed by the Owner, material compliance with the specifications shall be made by one of the following: 5.10.1 Manufacturer's certificate of compliance. 5.10.2 Mill certificate. 5.10.3 Testing laboratory certification. 5.10.4 Report of actual laboratory test from the Owner's laboratory, or from a laboratory satisfactory to the Owner. Samples tested shall be selected by or in presence of the Owner and the method of testing shall comply with the professional societies' standard specifications. 5.11 REMOVAL OF DEFECTIVE WORK: If any materials furnished under this Contract are condemned by the Owner and/or Engineer/Project Manager, the Contractor shall, after having received notice from the Owner and/or Engineer/Project Manager to that effect, proceed to remove from the grounds or buildings all condemned materials, whether worked or unworked, and to take down all portions of the Work which the Owner and/or Engineer/Project Manager shall by written notice condemn as unsound or improper or as in any way failing to conform to the Drawings and Specifications, and shall make good all work damaged or destroyed thereby. 5.12 ROYALTIES AND PATENTS: The Contractor shall pay all royalties ~-nd license fees, and defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such royalties and license fees and loss when a particular design or process, or the product of a particular manufacturer or manufacturers is specified; provided, however, if the Contractor has reason to believe the design, process or product specified constitutes an infringement of a patent, he shall be responsible for such 4/11/03 11 ERI Consulting, Inc. - royalties, license fees and loss unless he promptly gives such information to the Engineer/Project Manager. 5.13 E U_~M3%TERIALS: It is not the intent of these Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done so as to set a definite standard and a reference for coraparison as to quality, application, physical -- conformity, and other characteristics. It is not the intention to discriminate against or prevent any dealer, jobber or manufacturer from furnishing materials, equipment, and/or fixtures which meet or exceed the characteristics of the specific items. Substitution of materials shall not be made without prior written approval from the Owner and the Engineer/Project Manager. 5.14 SHOP DRAWINGS AND SAMPLES: 5.14.1 Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. 5.14.2 Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to assist in the establishment of standards by which the Work will be judged. 5.14.3 The Contractor shall subduer, with reasonable promptness and in orderly sequence, all Shop Drawings and Samples required by the - Contract Documents, or subsequently by the Engineer/Project Manager as covered by modifications. The Contractor shall review them for compliance with Contract Documents and shall certify that he has done so by stamp, or otherwise, affixed to each copy thereof. 5.14.4 Shop Drawings and Samples shall be properly identified, as specified as the Engineer/Project Manager may require. At the time of submission, the Contractor shall inform the Engineer/Project Manager in writing of any deviation in the Shop -- Drawings or Samples from the requirements of the Contract Documents. .... 5.14.5 By submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, or will do so, and that he has checked 4/11/03 12 ERI Consulting, Inc. and coordinated each Shop Drawing and Samp. le with the requirements of the Work and of the Contract Documents and he shall so certify as required by paragraph 5.14.3. 5.14.6 The Engineer/Project Manager, or the Owner if required by Supplemental Conditions, will review and approve the Shop Drawings and Samples with reasonable promptness, but only for conformance with the design concept of the Project and with the information -- given in the Contract Documents. The approval of a separate item shall not indicate approval of an assembly in which the item functions. The approval of the Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Engineer/Project M~er in writing of such deviation at the time of submission and the Engineer/Project Manager has not objected to the specific deviation. The approval shall not relieve the Contractor from responsibility for errors or - omissions in the Shop Drawings or Samples. 5.14.7 The Contractor shall make any corrections required and shall resubmit the required number of corrected copies of the Shop Drawings or new Samples of materials until approved. The Contractor shall direct specific attention in writing to any new revisions other than the corrections requested on previous submissions. 5.14.8 No work requiring a Shop Drawing or Sa~rple submission shall be commenced until the submission has been approved. All such work -- shall be in accordance with approved Shop Drawings and Samples. ARTICLE VI. CONTRACT CHANGES 6.1 CX~NGE ORDERS: A Change Order is a written order to the Contractor signed by the Ovrner and the Engineer/Project Manager issued after execution of the Contract, authorizing a change in the Work or a/~ adjustment in the Contract Sum or the Contract Time. The Contract Sum and t_he Contract Time may be -- changed only by Change Order. A Change Order si~ned by the Contractor indicates his agreement therewith, including the adjustment in the Contract -- Sum or the Contract Time. 6.1.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the ERI Consulting, Inc. -- Contract Time being adjusted accordingly. Ail such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. 6.1.2 If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order. -- 6.1.3 Procedures for administration of Change Orders shall be established by the Owner and stated in Supplemental Conditions. -- 6.2 UNIT PRICE: If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of work proposed will cause substantial inequity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. -- 6.3 CLAIMS FOR ADDITIONAL COSTS: 6.3.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Engineer/Project Manager written notice thereof. This notice shall be given by the Contractor before proceeding to execute the work, except in an emergency endangering -- life or property in which case the Contractor shall proceed in accordance with paragraph 5.8.3. No such claim shall be valid -- unless so made. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. 6.3.2 If the Contractor claims that additional cost is involved because of, but not limited to, (1) any written interpretation of the Contract Documents, (2) any order by the Owner to stop the Work pursuant to paragraph 4.4.2 where the Contractor was not at fault, (3) any written order for a minor change in the Work issued pursuant -- to paragraph 6.4, the Contractor shall make such claim as provided in paragraph 6.3.1. -- 6.4 MINOR CHANGES: The Engineer/Project Manager, with concurrence of the Owner, will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. Such -- ¢/11/03 14 ERI Consulting, Inc. changes shall be effected by written order which the Contractor shall carry out promptly. ARTICLE VII. CONTRACT PAYMENTS 7.1 CONTRACT PRICE BREAKDOWN: Upon execution of the Contract by the Owner and the Contractor, the Contractor shall submit to the Engineer/Project Manager for approval a breakdown of the Contract price, itemizing material and labor for the various classifications of the Work. The breakdown will be used as the basis for the progress payments of the Contract. 7.2 PROGRESS pAYMENTS: payment will be made to the Contractor upon monthly certificates as provided hereinafter for the Work performed, and materials in place or on the site, suitably stored and protected or on other sites agreed to by the Owner and the Contractor. 7.2.1 Once each calendar month, the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the Work performed during the preceding calendar month under this Contract; but to insure the proper performance of this Contract, the Owner shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all Work covered by this Contract: Provided that the Owner, at any time after fifty percent (50%) of the Work has been completed, finds that satisfactory progress is being made, may make any of the remaining progress payments in full; and ~furthe~ that, upon completion and acceptance of each separate building, public work, or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full including retained percentages thereon less authorized deductions. After substantial Completion of the Work the Owner shall, upon application by the Contractor, and without terminating the Contract, make payment of the balance due for the portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Article III, such payment -- shall be made under the terms and conditions governing final payment, and shall not constitute a waiver of claims. Final payment shall be made after completion of the Work by the Contractor in accordance with the Contract Documents. -- ~/ss/o3 15 ERI Consulting, Inc. 7.2.2 In preparing estimates all material delivered and labor performed shall be included in the progress upon which payment is based. 7.2.3 The Owner may withhold or, on account of subsequently discovered evidence, nullify that part of any certificate to such extent as may be necessary to protect the Owner from loss on account of: 7.2.3.1 Defective work not remedied. 7.2.3.2 Damage to work of another contractor. 7.2.3.3 Failure to maintain scheduled progress. 7.2.3.4 Receipt of written notice by the Owner of unpaid bills, as stipulated in Chapter 53, Subchapter J, Texas Property Code if the Contractor has not provided a payment bond and if the Contractor Sum does not exceed $25,000.00. Any funds so with-held may be released to the Contractor if he furnishes an acceptable bond for release of lien as provided in Chapter 53, subchapter J, Texas Property Code. When the above grounds are removed, payment will be made for amounts withheld because of them. 7.2.4 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made, or the restoration of any damaged work, or as a waiver of the right of the Owl%er to require the fulfillment of all of the terms of the Contract. 7.2.5 Payments to the Contractor shall not be construed to release the Contractor or his surety from any obligations under this Contract. 7.3 CLAIMS FOR UI~PAID LA~ORAi~D MATERIALS: 7.3.1 When the value of the Contract between the Owner and the Contractor is not in excess of $25,000.00, claimants are referred to Chapter 53, Subchapter J, Texas Property Code, for requirements that are prerequisite to the filing of a valid lien on funds unpaid to the Contractor at the time of filing of the claim. 7.3.2 When the Prime Contract (Contract between the Owner and the Contractor) is in excess of $25,000.00, claims must be sent direct to the Contractor and his surety in accordance with Chapter 53, subchapter J, Texas Property Code. The Owner will furnish, in accordance with such Article, a copy of the Payment Bond as provided therein to claimants upon their request. All claimants are ERI Consulting, Inc. -- cautioned that no lien exists on the funds unpaid to the Contractor on such contract, and that reliance on notices sent to the Owner may result in loss of their rights a~ainst the Contractor and/or his surety. The Owner is not responsible in any manner to a claiman~ for collection of un~aid bills, and accepts no such responsibility because of any representation by any agent or employee. ~TICLE VIII. CONTRACT COMPLETION TIME 8.1 WORK ORDER: The Contract Time will begin on the date designated in the Work Order issued by the Owner. 8.2 WORK PROGRESS SCHEDULE: Within three (3) days after receipt of a Work Order, if requested by the (~ner, the Contractor shall submit in duplicate to the Engineer/Project Manager for approval an estimated progress schedule for the Work in relation to the entire Project. This schedule shall indicate the dates for the starting and completion of the various classifications of construction. 8.3 COMPL_____~ETION OF WORK: The Contractor will be held to account for the Work being completed in the time that is stated in the Contract. 8.4 DELAYS AND EXTENSION TIME: 8.4.1 The Contractor m~ay be granted an extension of time because of changes ordered in the Contract or because of strikes, lockouts, fire, or unusual delays in transportation, which constitute a justifiable delay. The Owner will extend the time subject to the following provisions. 8.4.2 Claims for extensions of time must be made in writing within five (5) calendar days after the occurrence of the delay. Ail time extension claims shall be supported by sufficient written evidence to justify the claim. In the case of a continuing cause of delay, only one claim is necessary. Claims for extensions of time shall be stated in numbers of whole or half calendar days. 8.5 FAILURE TO COMPLETE WORK ON TIME: The time set forth in the Contract for the completion of Work is an essential element of the Contract. Contractor's failure to complete the Work within such time will cause damage to the Owner. Where appropriate, the value of such damages may be stated in Supplemental Conditions. ARTICLE IX. CONTRACT SUBSTANTIAL COMPLETION -- 4/1~/03 17 ERI Consulting, Inc. 9.1 CERTIFICATION: Should the Owner wish to use our occupy a structure, or part thereof, prior to final completion, and the Contractor determines that the Work, or a designated portion thereof acceptable to the Owner, is substantially complete, the Contractor shall prepare for submission to the Engineer/Project Manager a list of items to be completed and corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contractor Documents. When the Engineer/Project Manager on the basis of an inspection determines that the Work is substantially complete, he will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion; shall state the responsibilities of the Owner a~d the Contractor for maintenance, heat, utilities, operation of perraaJlent equipment, and insurance; and shall fix the time within which the Contractor shall complete the items listed therein, said time to be within the Contract Time. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to each of them in such Certificate. 9.2 OCCUPAI~CY OR USE: Occupancy or use of a building, facility, or any part thereof may be made after the above paragraph has been complied with. 9.2.1 Such Occupancy or use by the Owner shall commence the warranty period or periods which are specified in the Contract Documents for all workmanship, materials and equipment which are so used or occupied. ARTICLE X. CONTRACT FINAL ACCEPTAI~CE AND PAYMENT 10.1 When the Work is completed, the Contractor shall notify the Engineer/Project Manager in writing that the Work will be ready for final inspection on a definite date. Upon verification by the Engineer/Project Manager that the Work is ready for final inspection and acceptance, the Owner will within ten (10) calendar days make a final inspection and, when the Work is found acceptable under the Contract Documents and the Contract is fully performed, make final payment to the Contractor. ARTICLE XI. CONTRACT WARRANTY AArD GUARANTEE 11.1 ONE-YEAR WARRANTY: Except as otherwise specified, the Contractor warrants and guarantees all Work against defects in materials, equipment or -- 4/11/03 18 ERI Consulting, Inc. -- workmanship for one (1) year from the date of final acceptance, or use, or occupancy, by the Owiler. _ 11.1.1 Upon receipt of written notice from the Owner of the discovery of any defects, the Contractor shall remedy the defects and replace any property damaged therefrom occurring within the warranty and guarantee period. 11.1.2 In case of work performed by Subcontractors and where guarantees are -- required, the Contractor shall secure warranties from said Subcontractors addressed to and in favor of Owner; deliver copies -- of same to Engineer/Project Manager upon completion of the Work; guarantee and assume full responsibility for the full period of said warranties. Delivery of said guarantees shall not relieve the Contractor from any obligations assumed under any other provisions of the Contract. 11.1.3 This warranty and guarantee is not the exclusive remedy of the Owner, but is in addition to the general obligation of the -- Contractor to faithfully perform the Contract and it in no way delimits the responsibility of the Contractor for faulty materials or workraanship. 11.1.4 Neither the final payment nor any provision of the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship. If the Contractor, after notice, fails to proceed promptly to comply with the terms of the warranty and -- guarantee, the Owner may have the defects corrected and the Contractor and his surety shall be liable for all expense incurred. ~TICLE XII. SUPPLEMEI%~T~-LAND SPECI~J~ CONDITIONS _. 12.1 GENERAL: When the Work contemplated by the Owner is of such a character that the foregoing General Conditions of the Contract cannot adequately cover necessary and additional contractual relationships, the Contract may include Supplemental and Special Conditions as described below. 12.1.1 SuDDlemental Conditions May describe the standard procedures and requirements of contract administration followed by the Owner. Supplemental Conditions may -- expand upon matters covered by the General Conditions, where necessary, provided the expansion does not weaken the character or intent of the General Conditions. 4/11/03 19 ER/Consulting, Inc. -- Shall relate to a particular project and be peculiar to that project, but shall not weaken the character or intent of the General Conditions. 12.2 FEDERALLY FUNDED PROJECTS On Federally Funded Projects, the Owner may waive, suspend, or modify any Article in these General Conditions which conflicts with any Federal statute, rule, regulation or procedure, where such waiver, suspension or modification is essential to receipt by the Owner of such Federal funds for the project. In the case of a project wholly financed by Federal funds, any standards required by the enabling Federal statute, or any Federal rules, regulations or procedures adopted pursuant thereto, shall be controlling. SUPPLEMENTAL CONDITIONS Refer to Cited Articles in General Conditions. ARTICLE II. LAWS GOVERNING CONSTRUCTION 2.2 Waqe Rates: No wage rates are specified for this project. ARTICLE III. CONTRACT DOCUMENTS AND BONDS 3.1 CoDies Furnished - DrawinGs and Specifications: The Contractor will be furnished free of charge five (5) complete sets of Contract Drawings and Specifications prior to beginning the work. 3.4 Performance and Payment Bonds: 3.4.4 Attorneys-in-fact who sign bid bonds must file with each bond a certified and effectively dated copy of their power of attorney. ARTICLE IV. CONTRACT ADMINISTRATION 4.2 Access to and Inspection of the Work: At the convenience of the duly authorized representative of the Owner, operations may be temporarily shut down to visually check the work in progress as necessary for the Owner to be fully informed as to the Contractor's performance as specified. No claim for additional cost shall be accepted as a result of the Contractor's such expected cooperation. A list of authorized representatives will be submitted to the Contractor by the Engineer/Project Manager. ARTICLE V. CONTRACT RESPONSIBILITIES 5.4 Contractor's Superintendent: The Contractor shall notify the Owner's Representative in writing, naming the Superintendent assigned to the 4/11/03 20 ERI Consulting, Inc. -- Project. In event of a change in Superintendents, the Owner's Representative must be notified in writing. 5.14 ShoD Drawinqs and SamDles: 5.14.6 The Engineer/Project Manager, or the Owner, will review and approve the Shop Drawings and Samples with reasonable promptness, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. ARTICLE VI. CONTRACT CHANGES 6.3 Claims for Additional Costs: 6.3.3 No Contractor claim for additional costs shall be assertable after the making and accepting of final payment. ARTICLE VII. CONTRACT PAYMENTS 7.2 Pro ress Pa ents: 7.2.6 Requests for payment shall be made to Owner through the Engineer/Project Manager at his mailing address. ARTICLE VIII. CONTRACT COMPLETION TIME 8.1 Work Order: 8.1.1 After the Contract has been executed by both parties, the Owner and the Contractor shall attend a preconstruction conference with the Engineer/Project Manager, at which time a date for the Contract time to begin will be mutually agreed upon and the Notice To Proceed issued accordingly. Arrangements will be made for this conference within the next work day that both parties are available of the date of the Contract execution. 8.2 Work proqress Schedule. Etc.: Within the next work day that both parties are available after the date of purchase order, the Contractor shall submit to the Owner an estimated progress schedule, properly executed Performance and Payment Bonds, Certificates of Insurance and any other information required by the Contract Documents. The estimated progress schedule shall indicate the dates for the starting and co~pletion of the various classifications of construction. 8.3 Com letion of Work: The Contractor will be held to account for the work being completed in the number of calendar days as specified by the bid form and scope of work upon which the Contract is based. 8.5 Failure To ComDlete Work on Time: ERI Consulting, Inc. 8.5.1 For each and every calendar day that the work, or any portion thereof, shall remain incomplete after the expiration of the time limit therefor, or as extended by the Owner pursuant to 8.3 above, $2,500.00 per calendar day will be deducted from the money due or to become due to the Contractor, not as a penalty, but as the mutually agreed value of damages to the Owner to include added expenses including administrative and inspection cost. ARTICLE IX. CONTP. ACT SUBSTDiNTIAL COMPLETION 9.2 OccuDancv and Use: Occupancy and use of a building, facility or any part thereof may not be interrupted by the Contractor for the performance of the Work. 9.2.1 Contractor shall confine operations at the project site to areas agreed upon with the Owner at preconstruction conference; not unreasonably encumber site with materials, equipment, Contractor vehicles or Contractor's employee's vehicles; not load any structures with weight that will endanger the structure or its occupants; protect existing plants, structures, the Owner's employees and the public; assume full responsibility for protection and safekeeping of products, materials and equipment stored on the premises; and move any stored products or equipment which interfere with operations of the Owner. 9.2.2 Contractor shall cooperate with the occupants of the building to perrait their work to continue with ~nimum interruptions. Any complaint from Occupants of Contractor disturbance may require suspension and rescheduling as necessary to avoid repetition of complaints. In such event no Contractor claim of additional cost will be accepted, but a time extension may be allowed if any actual delay occurs and the Contractor disturbance was unforeseeable. ARTICLE X. CONTRACT FINAL ACCEPTANCEAND PAYMENT 10.1 To avoid delay in final payment, the Contractor(s) shall have the necessary bonds, guarantees not previously furnished, receipts, affidavits, etc., prepared and signed in advance with a letter of transmittal listing each paper to be furnished to the Owner at the time of final inspection. With application for final payment, the Contractor(s) shall deliver to the Owner an affidavit (on a form satisfactory to the Owner) that all bills for material and labor chargeable against the Contract are paid, and all guarantees or bonds as required on specific branches of the Work. 4/11/03 22 ERI Consulting, Inc. SPECIAL CONDITIONS ARTICLE I. DEFINITIONS 1.1 The Technical Specifications in this project involves the abatement of exposure to asbestos hazards from building structures and components. The definition of the terms associated with a project of this tYlOe are listed hereafter. 1.1.1 Abatement Procedures to control fiber release from asbestos- containing materials. Includes removal, encapsulation, enclosure, repair, demolition and renovation activities. 1.1.2 Act - The Texas Asbestos Health Protection Act, Texas Civil Statutes, Article 4477-3a, as amended. 1.1.3 ACGIH - American Conference of Governmental Industrial Hygienists, 6500 Glenway Avenue, Building D-5, Cincinnati, Ohio 45211. 1.1.4 Aggressive method - removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM. 1.1.5 AHERA - Asbestos Hazard Emergency Response Act of 1986, Public Law 99- 519. The act amends the Federal Toxic Substances Control Act, 15 United States Code, '2641, et seq., by requiring an inspection of all school buildings (Grades K-12), all school administrations to develop plans for controlling asbestos in or removing asbestos from school buildings, and providing penalties for non-compliance. 1.1.6 AIHA - American Industrial Hygiene Association, 475 Wolf Ledges Parkway, Akron, Ohio 44311. 1.1.7 Airlock - A system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated by a distance of at least three feet, such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow-through contamination. 1.1.8 Air monitoring - The process of measuring the fiber content of a known volume of air collected during a specific period of time. The procedure normally utilized for asbestos follows the NIOSH Standard Analytical Method for Asbestos in Air, Method 7400. For clearance air monitoring, electron microscopy methods may be utilized for a lower detectable and specific fiber identification. , 4/3.~./o3 23 ERI Consulting, Inc. 1.1.9 Air Sampling Professional Ail air sampling performed within the state of Texas that is performed in public buildings shall be performed by a licensed air monitoring technician. The professional contracted or employed by the Building Ova%er to supervise and/or conduct air monitoring and analysis schemes. This individual may also function as the Asbestos Project Manager, if qualified. Supervision of air sampling and evaluation of results should be performed by an individual certified in the Comprehensive Practice of Industrial Hygiene (C.I.H.) and having specialized experience in air sampling for asbestos. Other acceptable Air Sampling Professionals include environmental engineers, architects, chemists and environmental scientists or others with equivalent experience in asbestos air monitoring. This individual shall not be affiliated in any way other than through this contract with the Contractor performing the abatement work. 1.1.10 Amended Water - Water to which a surfactant has been added. 1.1.11 ANSI - American National Standards Institute, 1430 Broadway, New York, New York 10018. 1.1.12 Asbestos The asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing one percent or more of any of those substances. 1.1.13 Asbestos Abatement - The removal, the encapsulation or the enclosure of asbestos for the purpose of, that has the effect of, reducing or eliminating airborne concentrations of asbestos fibers or amounts of ACM. 1.1.14 Asbestos Abatement Activity - Asbestos abatement, any on-site preparations or clean-up related to the abatement. 1.1.15 Asbestos Abatement Contractor - A person who undertakes to perform asbestos removal, enclosure, or encapsulation for others under contract or other agreement, or who bids to undertake asbestos activities. 1.1.16 Asbestos Abatement Supervisor - An individual who is in the direct and responsible charge of the personnel, practices, and procedures of an asbestos abatement operation or project. 1.1.17 Asbestos-Containing Material (ACM) 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 40 Code of Federal Regulations (CFR) 4/11/03 24 ERI Consulting, Inc. Part 763, subpart F and 40 CFR subpart E, Appendix A. This means any one material component of a structure. 1.1.18 Asbestos-containing Waste Material - Includes mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of 40 CFR Part 61, Subpart M. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing materials, and materials contaminated with asbestos including disposable equipment and clothing. 1.1.19 Asbestos Consulting Activities - Consulting activities in public buildings include: the designing of asbestos abatement projects; the inspection for asbestos-containing materials (ACM); the evaluation and selection of appropriate asbestos abatement methods and project layout; the preparation of plans, specifications and contract documents; the review of environmental controls, abatement procedures for personal protection employed during the project; the design of area and clearance air monitoring of the project; any inspection, management planning, air monitoring, or project management performed by or for the consultant or consulting agency; consultation regarding compliance with various regulations and performed by or for the consultant or consulting agency; consultation regarding compliance with various regulations and standards; recommending abatement options; and representing the consultant agency or consultant in obtaining consulting work. 1.1.20 Asbestos Exposure - Airborne asbestos fiber concentrations resulting from disturbance or deterioration of asbestos or asbestos containing material (ACM). 1.1.21 Asbestos project design - Asbestos abatement project design includes the inspection of public buildings for asbestos-containing material {ACM), the evaluation and selection of appropriate asbestos abatement methods, project layout, the preparation of plans, specifications and contract documents, and the review of environmental controls, abatement procedures and personal protection equipment employed during the project. _ 4/~/03 25 ERI Consulting, Inc. 1.1.22 Asbestos Project Manager (also known as Owner's Competent Person) An individual qualified by virtue of experience and education, designated as the Owner's Representative, and responsible for overseeing the asbestos abatement project. For public project within the state of Texas, this person shall be licensed as a project manager through the Texas Department of Health asbestos program. See Section 4.3 in Technical Specifications. 1.1.23 Asbestos-related Activity - The disturbance (whether intentional or unintentional), removal, encapsulation, or enclosure of asbestos, including preparations or final clearance, the performance of asbestos surveys, the development of management plans, and response actions, asbestos project design, the collection or analysis of asbestos samples, monitoring for airborne asbestos, bidding for a contract for any of these activities, or any other activity required to be licensed under the Texas Asbestos Health Protection Act. 1.1.24 Asbestos Removal - Any action that dislodges, strips, or otherwise takes away asbestos -containing material (ACM). 1.1.25 Asbestos Survey An inspection of a building or facility to determine the location, quantity, and condition of asbestos- containing material (ACM) therein by taking samples for analysis or by visual inspection. 1.1.26 Assistant Secretary The Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of labor, or designee. 1.1.27 ASTM - American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. 1.1.28 Authorized person Any person authorized by the employer and required by work duties to be present in regulated area. 1.1.29 Authorized visitor The Building Owner (and any designated representatives) and any representative of a regulatory or other agency having jurisdiction over the project. 1.1.30 Board - The Texas Board of Health. 1.1.31 Building Owner - The owner of record of any public building or any person who exercises control over a building to the extent that said person contracts for or permits renovation to or demolition of said building. 1.1.32 CFR - The Code of Federal Regulations. -- 4/11/03 26 ERI Consulting, Inc. 1.1.33 Certified Industrial Hygienist (CIH) An industrial hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. (See Section 1.1.3 in Technical Specifications for address.) 1.1.34 Class I asbestos work - Activities involving the removal of TSI and surfacing ACM and PACM. 1.1.35 Class II asbestos work - Activities involving the removal of ACM which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics. 1.1.36 Class III asbestos work - Repair and maintenance operations, where "ACM," including TSI and surfacing ACM and PACM likely to be disturbed. 1.1.37 Class IV asbestos work - Maintenance and custodial activities during which employees contact but do not disturb ACM and PACM and activities to clean up dust, waste, and debris resulting from class 1 to 3 activities. 1.1.38 Clean room - an uncontaminated area or room which is a part of the worker decontamination enclosure system with provisions for storage of worker's street clothes and clean protective equipment. 1.1.39 Closely resemble means that the major workplace conditions which have contributed to the levels of historic asbestos exposure, are not more protective than conditions of the current workplace. 1.1.40 Commercial Asbestos Any material containing asbestos that is extracted from ore and has value because of its asbestos content (NESHAP definition, 1990). 1.1.41 Commissioner - The Texas Commissioner of Health. 1.1.42 Competent person - In addition to the definition in 29 CFR 1926.2(f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them, as specified in 29 CFR 1926,32(f): In addition, for Class I and Class II work who is specially trained in a training course which meet the criteria of EPA's Model Accreditation Plan (40 CFR 763) for supervisor, or its equivalent and, for Class II and Class IV work, who is trained in a manner consistent with EPA 4/11/03 27 ERI Consulting, Inc. -- requirements for training of Local Education Agency maintenance and custodial staff as set forth at EPA [40 CFR 763.92 (a) (2)]. -- 1.1.43 Containment - A portion of the regulated area that has been sealed and placed under negative air pressure with high efficiency particulate air-filter (HEPA) filtered negative air machines. 1.1.44 Contractor - The individual and/or business with which the Building Owner arranges to perform the asbestos abatement. It is recommended -- that wherever asbestos abatement is part of a larger project, the asbestos work be contracted separately and distinctly from other -- contract work. When this is not possible, the Contractor is responsible for the proper completion of project activities in accordance with this contract specifications even where a subcontractor has been retained to perform the actual abatement. 1.1.45 Critical barrier - One or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from -- migrating to an adjacent area. 1.1.46 Curtained doorway - a device to allow ingress or egress from one room -- to another while permitting minimal air movement between the rooms, typically constructed by placing two overlapping sheets of plastic over an existing or temporarily framed doorway, securing each along the top of the doorway and securing the vertical edge of the other sheet along the opposite vertical side of the doorway. Other effective designs are permissible. 1.1.47 Decontamination area - An enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, _ materials, and equipment that are contaminated with asbestos. 1.1.48 Decontamination enclosure system A series of connected rooms, separated from the work area and from each other by air locks, for the decontamination of workers and equipment. 1.1.49 Demolition The wrecking or taking out of any load-supporting -- structural member of a facility together with any related handling operations. -- 1.1.50 Department - The Texas Department of Health. -- 4/1~/03 28 ERI Consulting, Inc. 1.1.51 Designated Person - The individual designated under Asbestos Hazar~ Emergency Response Act (A~ERA) to oversee all asbestos activities to include compliance with all laws, regulations, and rules. 1.1.52 Director - The Director, National institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee. 1.1.53 Disturbance - Activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM or generate visible debris from ACM or PACM. 1.1.54 Employee Exposure - Exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment. 1.1.55 Encapsulant - A liquid material which can be applied to asbestos- containing material which controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant). 1.1.56 Encapsulation The application of an encapsulant to asbestos- containing materials to control the release of asbestos fibers into the air. 1.1.57 Enclosure - The construction of an air-tight, impermeable, permanent barrier around asbestos-containing material to control the release of asbestos fibers into the air. 1.1.58 EPA - U. S. Environmental Protection Agency. 1.1.59 Equipment decontamination enclosure system - That portion of a decontamination enclosure system designed for controlled transfer of materials and equipment into or out of the work area, typically consisting of a washroom and holding area. 1.1.60 Equipment room - A contaminated area or room which is part of the worker decontamination enclosure system with provisions for storage of contaminated clothing and equipment. 1.1.61 Facility - Any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings have four or fewer dwelling units); any ship; and any active or inactive disposal site. Any structure, installation or building that was previously subject to 40 CFR ~.. 4/3.3./03 29 ERI Consulting, Inc. ~61.141, subpart M is not excluded, regardless of its current use or function. 1.1.62 Facility component - Any pipe, duct, boiler, tank, reactor, turbine or furnace at or in a facility or any structural member of a facility. 1.1.63 Facility Owner The owner of record of any facility or public building or any person who exercises control over a facility or public building to the extent that said person contracts for or permits renovation to or demolition of said facility or public building. 1.1.64 Fiber - A particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1. 1.1.65 Fixed object - A piece of equipment or furniture in the work area which cannot be removed from the work area. 1.1.66 Friable asbestos Asbestos-containing material which can be crumbled, when dry, under hand pressure. 1.1.67 Friable material Materials that when dry can be crumbled, pulverized, or reduced to powder by hand pressure. 1.1.68 Glove bag technique - A method with limited applications for removing small amounts of friable asbestos-containing material from HVAC ducts, short piping runs, valves, joints, elbows, and other non- planar surfaces in a non-contained (plasticized) work area. The glove bag assembly is a manufactured or fabricated device consisting of a glove bag (typically constructed of 6 mil transparent polyethylene or polyvinyl chloride plastic), two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The glove bag is constructed and installed in such a manner that it surrounds the object or material to be removed and contains all asbestos fibers released during the process. All workers who are permitted to use the glove bag technique must be highly trained, experienced and skilled in this method. 1.1.69 B~FAC - Heating, ventilation, and air-conditioning system. 1.1.70 HEPA filter - a high efficiency particulate air filter capable of removing particles >0.3 microns in diameter with 99.97% efficiency. 1.1.71 ~I~PA vacuum - A vacuum system equipped with HEPA filtration. ERI Consulting, Inc. 1.1.72 Holding area - A chamber in the equipment decontamination enclosure located between the washroom and an uncontaminated area. The holding area comprises an airlock. 1.1.73 Homogeneous area - An area of surfacing material or thermal system insulation that is uniform in color and texture. 1.1.74 Independent third-party air monitor - A person retained to collect area air samples to be analyzed by and for the owner of the building or facility being abated. The person must not be employed by the abatement contractor to analyze any area samples collected during the abatement projects being monitored for the clearance samples. 1.1.75 Individual - A single person acting of and for his or herself. 1.1.76 Installation - A building or structure, or group of buildings or structures, at a single demolition or renovation site controlled by the same owner or operator (NESHAP definition, 1990). 1.1.77 Intact - The ACM has not crumbled, been pulverized, or otherwise deteriorated so that asbestos is no longer likely to be bound with its matrix. 1.1.78 License - Any license or registration issued under this chapter. 1.1.79 Licensee - A person who meets all qualifications and has been issued a license or registration by the Texas Department of Health in accordance with these sections. 1.1.80 Management plan - A written plan describing appropriate actions for surveillance and management of asbestos-containing material (ACM). 1.1.81 Miscellaneous Material - interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. 1.1.82 Model accreditation plan - A United States Environmental Protection Agency plan which provides standards for initial training, examinations, refresher training courses, applicant qualifications, decertification, and reciprocity, as described in Title 40, CFR, Part 763, Subpart E, Appendix C. 1.1.83 Movable object - A piece of equipment or furniture in the work area which can be removed from the work area. 1.1.84 Negative Initial Exposure Assessment A demonstration by the employer, which complies with the criteria in paragraph (f) (2) (iii) _. ¢/11/03 31 ERI Consulting, Inc. of this section, that employee exposure during an operation is expected to be consistently below the PELs. 1.1.85 Negative pressure ventilation system - A portable exhaust system equipped with HEPA filtration and capable of maintaining a constant low velocity air flow into contaminated areas from adjacent uncontaminated areas. 1.1.86 NESF~APS The National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61). 1.1.87 NIOSH - The National Institute for Occupational Safety and Health. 1.1.88 NS;LAP The National Voluntary Laboratory Accreditation Program. 1.1.89 Operations and maintenance (O&M) Operations and maintenance activities are restricted to small-scale, short-duration work practices and engineering controls for tasks that result in the disturbance dislodgement, or removal of asbestos in the course of performing repairs, maintenance, renovation, installation, replacement, or cleanup operations (Title 29, CFR, Sec. 1926.58, Appendix G., titled "Work Practices and Engineering Controls for Small-Scale, Short-Duration Asbestos Renovation and Maintenance Activities"). 1.1.90 Operations and maintenance (O&M) contractor - A person who holds an Asbestos Operations & Maintenance Contractor (Restricted) license for general asbestos O&M work in a public building for himself or herself, as a building owner or agent, or as a contractor, if working for others, and follows the guidance contained in the EPA "Green Book." A contractor working for others must have the specified insurance for an abatement contractor. 1.1.91 Operations and maintenance (O&M) manual - A record of O&M activities in a public building. The building owner shall record each individual O&M activity in the manual, including the date of activity, the persons performing the activity, complete description of the activity, including methods used to prevent the emission of asbestos fibers, and the amount of asbestos removed. An updated total of the amount of asbestos abated shall be kept as a comparison to the amount estimated in the annual O&M notification. The manual will be made available to the department upon request. 1.1.92 OSHA - The Occupational Safety and Health Administration of the United States Department of Labor. _ 4/11/03 32 ERI Consulting, Inc. 1.1.93 OS~A Regulations Regulations found in 29 Code of Federal Regulations. 1.1.94 Outside air - The air outside buildings and structures. 1.1.95 PACM - "Presumed asbestos containing material." 1.1.96 PAT - Proficiency Analytical Testing. 1.1.97 PCM - Phase-contrast microscopy, a method of analysis for overall airborne fiber counts using an optical microscope. 1.1.98 PEL - Permissible Exposure Limit as defined by OSHA regulations (29 CFR §1926.58). 1.1.99 Permissible exposure limit (PEL) a~ airborne concentration of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals in excess of 0.1 fiber per cubic centimeter of air as an 8-hour time-weighted average. 1.1.100 Plasticize - To cover floors and w~lls with plastic sheeting as herein specified. 1.1.101 PLM - Polarized Light Microscopy (pLM), a method of analysis for detection of the presence and type of asbestos. 1.1.102 Person - A person is: (A) an individual; (B) an organization such as a corporation, partnership, sole proprietorship, governmental subdivision, or agency; or (C) any other legal entity recognized by law as the subject of rights and duties. 1.1.103 Presumed Asbestos Containing Material - Thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as "pACM" may be rebutted pursuant to paragraph (K) (5) of this section. 1.1.104 Prior experience - Experience required of the Contractor on asbestos projects of similar nature and scope to insure capability of performing the asbestos abatemen~t in a satisfactory manner. Similarities shall be in areas related to material composition, project size, abatement methods required, number of employees and the engineering, work practice a~d personal protection controls required. 1.1.105 Project designer A person who Ms successfully completed the training requirements for anabatemex~t project designer established by 40 U.S.C. REWRITE 763.90(9). 1.1.106 Public building - A building used or to be used for purposes that provide for public access or occupancy, including prisons and - 4/:L~./03 33 ERI Consulting, Inc. similar buildings. The term includes any building during a period of vacancy, including the period during preparations prior to actual demolition. The term does not include: (A) an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health; (B) a federal building or installation (civilian or military); (C) a private residence; (D) an apartment building with no more than four dwelling units; or (E) a manufacturing facility or building that is limited to workers and invited guests under controlled conditions; (F) a building, facility, or any portion of which has been determined to be structurally unsound and in danger of imminent collapse by a professional engineer, registered architect, or a city, county, or state government official. 1.1.107 Regulated area - The demarcated area in which asbestos abatement activity takes place, and in which the possibility of exceeding the permissible exposure limits (PEL) for the concentrations of airborne asbestos exists. An area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or there is a reasonable possibility they may exceed the permissible exposure limit. 1.1.108 Removal - All operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations. 1.1.109 Renovation - Altering in any way on or more facility components. Operations in which load-supporting structural members are wrecked or taken out are excluded. 1.1.110 Repair - Overhauling, rebuilding, reconstruction, or reconditioning of structures o substrates, including encapsulation or other repair of ACM or PACM attached to structures or substrates. 1.1.111 School - any elementary or secondary school as defined in section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854). 1.1.112 Shower room - A room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold or warm -- 4/11/03 34 ERI Consulting, Inc. runnin9 water controllable at the tap and suitably arranged for complete showering during decontamination. 1.1.113 Staging area - Either the holding area or some area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area. 1.1.114 Start date - The dates defined as: (A) asbestos abatement activity start date - The date on which the removal of asbestos begins or any other asbestos abatement activity begins, such as site preparation which would break up, dislodge, or similarly disturb asbestos. (B) demolition/renovation start date The date on which the demolition or renovation process begins. Stop date - The dates defined as: (A) asbestos abatement activity stop date (completion date) - the date upon which visual and/or air monitoring clearance of asbestos abatement activities has been completed or containment materials have been removed. (B) demolition/renovation stop date The date on which the demolition or renovation is complete. 1.1.115 Strip - To take off friable asbestos materials from any part of facility. 1.1.116 Structural member - Any load-supporting member of a facility, such as beams and load-supporting walls or any non-load-supporting member, such as ceilings and non-load-supporting walls. 1.1.117 Surfacing Material - material that is sprayed-on, troweled-on or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes. 1.1.118 Surfactant - A chemical wetting agent added to water to improve penetration. 1.1.119 TEM - Transmission Electron Microscopy. 1.1.120 Thermal System Insulation (TSI) - Material applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes. -. 4/lx/o3 35 ERI Consulting, Inc. -- 1.1.121 Transporation of asbestos-containing materials (ACM) Moving asbestos materials from one site to another. 1.1.122 Visible emissions - Any emissions containing particulate asbestos material that are visually detectable without the aid of instruments. This does not include condensed uncombined water vapor. 1.1.123 Waste transfer airlock - A decontamination system utilized for - transferring containerized waste from inside to outside of the work area. Also known as the waste load out. -- 1.1.124 Wet cleaning - The process of eliminating asbestos contamination from building surfaces and objects by using cloths, mops, or other cleaning utensils which have been dampened with water and afterwards thoroughly decontaminated or disposed of as asbestos contaminated waste. 1.1.125 Work area - Designated rooms, spaces, or areas of the project in which asbestos abatement actions are to be undertaken or which may -- become contaminated as a result of such abatement actions. A contained work area is a work area which has been sealed, plasticized, and equipped with a decontamination enclosure system. A non-contained work area is an isolated or controlled-access work area which has not been plasticized nor equipped with a decontamination enclosure system. 1.1.126 Worker decontamination enclosure - A decontamination system -- consisting of a clean room, a shower room, and an equipment room separated from each other and from the work area by airlocks and -- curtained doorways. This system is used for all worker entrance to and exit from the work area. _ 1.1.127 Working days - Monday through Friday including holidays which fall on those days. _ 4/11/03 36 ERI Consulting, Inc. - TECHNICAL SPECIFICATIONS PART I. GENERAL 1.1 SCOPE OF WORK 1.1.1 The asbestos abatement project for the City of Paris at the UARCO Building and City Hall/Old Fire Station, Paris, -- Texas, covers the removal and disposal of asbestos- containing materials as follows: UARCO Buildin~ (A) Approximasely 3,100 1.f. of 3", 4", and 5" outside diameter piping insulation/fittings located at the ceiling level 5hroughout the old warehouse facility and -- various areas above the office area. (B) Approximately 2,200-2,900 s.f. of 12" x 12" floor tiles located 5hroughout the front office area _ (C) Approximately 400-500 s.f. of 9" x 9" floor tile located beneath carpet in two front offices Note: Ail Flooring and piping insulation throughout the UARCO building will be removed during this project. City Hall/Old Fire Station -- (A) Approximately 100-200 s.f. of 12" x 12" floor tiles located in the basement storage of City Hall. (B) Approximately 100-200 s.f. of 12" x 12" floor tiles _ located in the main floor storage of City Hall. (C) Approximately 100-150 s.f. of brown chip-pattern linoleum located in the upstairs bathroom of the City Hall ~ -- (D} Approximately 25 s.f. of brown brick design ~ ~ linoleum located in the stair landing of the Fire //~_~ Station -- -- (E) Approximately 50 s.f. of green square-patterned linoleum located in the upstairs storage area of the Fire Station 1.1.2 The contractor shall be responsible for verifying all quantities and field conditions in the field prior to _ submitting his bid. 1.1.3 The contractor shall supply all supervision, labor, materials, services, insurance, licenses, patents and equipment necessary to carry out the work described herein. 1.1.4 Full differential pressure enclosures shall be established. The enclosures shall enclose all asbestos- containing flooring materials scheduled for removal which -' are identified in Section 1.1.1. Where only TSI (piping insulation/fittings) is to be removed, a regulated area shall be established for all affected areas, which are -- also ~dentified in Section 1.1.1. Danger signs that _,~ ~c~rm to 29 CFR 1926.1101(k)(7) in both Spanish ERI Consulting, Inc. -- English shall be placed in such a manner as to properly identify containment openings/regulated areas. -- 1.1.5 Following the completion of enclosure constructions and establishment of differential pressure, all activities involving the disturbance of asbestos-containing -- materials shall be performed using wet removal methods. 1.1.5.1 Removal of the flooring materials shall be -- performed using wet methods. Mechanical chipping machines shall be allowed. All mastic removers incorporated during the project shall have flash -- points in excess of 150°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. -- 1.1.5.2 Following the construction of the regulated areas all activities involving the disturbance of asbestos-containing piping insulation materials _ shall be performed using TDH approved glovebag techniques as defined by 29 CFR 1926.1101(2) (5) (iii). 1.1.6 Enclosure and Decontamination Unit: _ 1.1.6.1 Critical barriers consisting of two layers of 6 mil poly shall be provided for electrical panels, vents, doors and windows which will not be used as _ openings during the project. 1.1.6.2 The full differential pressure enclosures shall be constructed using two overlapping layers of 6 mil polyethylene on the walls. The walls will be constructed up to the suspected ceiling. If areas _ being contained do not have a suspended ceiling, o__r a non-permeable type ceiling, one layer of 4 mil poly ceiling must be constructed. 1.1.6.3 Negative air units with new HEPA filters which are delivered to the iob site in oriqinal Dackaaes shall be used. The installation of the HEPA and pre-filters shall be observed by the consultant. Sufficient negative air units shall be installed to provide at least one air change every ten (10) -' minutes within the enclosure and maintain at least -0.02" water column differential pressure inside the enclosure. All units shall be derated by at -- least 25% for the purpose of calculations. ERI ConsuRing, Inc. -- 1.1.6.4 A decontamination unit consisting of a dirty room, shower, and clean room shall be installed as specified in the regulations. Required storage for -- clean clothes and for respirators shall be provided. -- 1.1.6.5 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 3 microns and the filtered water shall be discharged to the sanitary sewer. The decontamination unit -- shall be in the location submitted by the contractor and approved by the consultant. -- 1.1.6.6 A two chamber bag-out unit shall be established as required by the regulations and the wash water shall be filtered to a minimum of 3 microns as _ specified for shower water. The wash water shall be discharged to the sanitary sewer. The bag-out facility shall be in the location submitted by the _ contractor and approved by the consultant. 1.1.6.7 The consultant will conduct ventilation smoke _ testing a_nd shall approve the enclosure, decontamination facility, bag out and the differential pressure level prior to any removal _ activities. 1.1.6.8 Observation windows (18" x 18") shall be used for each enclosure 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. 1.1.7 Lockdown: Lockdown shall be performed following the final visual inspection, which will be performed by the consultant's project manager. After the lockdown has dried for 6 hours, or earlier if the consultant approves, the area will be inspected by the consultant and the project superintendent. The project superintendent shall sign the clearance sample request for the contractor and the consultant will collect clearance samples. 1.1.8 Clearance: 1.1.8.1 Clearance samples will be collected by aggressive sampling methods. The samples will be collected at ~/~e rate of 5 to 16 liters per minute on 0.8 micron 39 03188-9 ERI Consulting, Inc. - MCE filters mounted in 25mm conductive cassettes, at a height of 3 to 5 feet above the floor. Sample volume shall be approximately 1,800 liters. 1.1.8.2 A total of five (5) samples will be collected simultaneously inside each flooring containment and one (1) sample outside the containment. 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. -- 1.1.8.3 A total of eight (8) samples will be collected throughout the UARCO building after all TSI has been removed. 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 reclean 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 at the contractor's expense. 1.1.9 Disposal: 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 Natural Resource Conservation Commission/Texas Department of Health. All material shall be disposed of on waste shipment records as specified in the NESKAP regulations or on a Texas Natural Resource Conservation Commission's Hazardous Waste Manifest. The owner's address shall be shown as follows: City of Paris ~RI Consulting, Inc. P. O. Box 2024 -- Tyler, Texas 75710 40 03188-9 ERI Consulting, Inc. and will be signed by an authorized representative of the City of Paris. All D.O.T. regulations shall be complied with in regard to the transporting of the -- asbestos-containing materials. 1.1.9.1 Twenty-four (24) hours' notice shall be given prior -- to the hauling of asbestos-containing materials to the landfill. ERI Consulting, Inc. reserves the right to follow all asbestos-containing material to _ the landfill. 1.1.9.2 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. An independent third-party transporter is required to haul all asbestos- containing materials from the job site. 1.1.9.3 Ail 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 at a licensed/approved landfill. 1.1.10 Reestablisl%ment of work area: 1.1.10.1 Upon passing clearance testing in accordance with Section 1.1.8, the contractor shall dismantle the containment and reestablish the work areas. 1.1.10.2 Any damages caused as a result of the contractor's activities shall be repaired as directed by the owner or owner's representative. The owner may elect at their option to make their own repairs and withhold the cost for such repairs from the monies due the contractor. 1.1.11 The owner will furnish utilities presently available at the site at no expense to the contractor. The contractor shall set up GFCI distribution panels to provide distribution for the project. Where necessary, all electrical systems may be deactivated with the aid of the City of Paris personnel. Panel boxes and electrical sources may be locked out by the contractor. All electricity used by the contractor shall be connected at the source using ground fault ERI Consulting, Inc. -- circuit interrupters provided by the contractor and installed by a licensed electrician. -- 1.1.12 The contractor shall be responsible for 24 hour site security throuqh his employees and/or a contract security service. 1.1.13 Notices under the NESHAP and TDH regulations shall be filed by the consultant in a timely manner as required for the asbestos removal to start May 5, 2003. The contractor shall not be responsible for notification fees in their bid. The contractor shall be responsible for obtaining and filing all additional permits and notices where required by local ordinances. _ 1.1.14 The contractor shall be licensed through the Texas Department of Health for asbestos abatement. All supervisors and workers involved with the project (during _ prepping, precleaning, 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 1.1.15.1 Pre-Job Submittals: -- The following items shall be delivered to the project consultant no later than Thursday May 1, 2003, prior to the job start date. a. EPA Training Certificates: --' (1)Supervisor/Contractor - Asbestos Abatement (40 hr.) Workers (1)Asbestos Worker Training (32 hr.) b. TDH Licensing: Abatement Contractor License Asbestos Transporter License -- Asbestos Supervisor c. TDH Worker Registration d. Medical clearance for each worker and supervisor. e. Certificates of Insurance showing City of Paris as Additionally Insured ERI Consulting, Inc. 1.1.15.2 Post-Job Submittals: -- The following items shall be delivered to the project consultant within three (3) 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 1.1.16 The contractor must take personal samples on his workers 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 Health. The contractor shall supply the Consultant with copies of his personal sample analyses within 24 hours of the samples being taken. The contractor shall post the sample results for the workers to review on his notice board. The consultant will accept fax copies of the results from the contractor's laboratory. This service can be provided by ERI Consulting, Inc. on site for $200.00 per day. 1.1.17 The contractor's workers shall, at a minimum, be required to -- wear disposable clothing and MSHA/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 All samples collected by the consultant during the project will be for the owner's benefit. The contractor shall be responsible for personal samples for his employees and may take -- any other samples for his benefit. 1.1.19 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 -- relationship, 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. -- 1.1.20 Subcontractin~ of a~bestos abatement services with the exception of the indeDendent third party transporter shall not be Dermitted under this contract. ERI Consulting, Inc. III. TECHNICAL SPECIFICATIONS .2 Description of Work 1.2.1 The work specified herein shall be the Removal and/or Encapsulation and/or Enclosure and/or Repair of Thermal and/or Surfacing and/or Miscellaneous Asbestos Containing Materials (abatement) by competent persons trained, knowledgeable and qualified in the techniques of abatement, handling and disposal of asbestos containing and asbestos contaminated materials and the subsequent cleaning of contaminated areas, who comply with all applicable Federal, State, and local regulations and are capable of and willing to perform the work of this Contract. 1.2.1.1 This Scope of work, Section 1.1 of the Technical Specifications, shall take precedence over all the descriptions of work practices except the mandatory sections of the regulations. 1.2.2 This project requires abatement of ACM by the following methods: 1.2.2.1 Thermal insulation and/or Lagging - Wet method, glove bag procedure and/or mini-enclosure and/or full containment. 1.2.2.2 Surfacing material - Wet method, full containment and/or a mini-enclosure. 1.2.2.3 Miscellaneous material - Wet method, full containment and/or a mini-enclosure. 1.2.3 The Contractor shall supply all labor, materials, services, insurance, permits and equipment necessary to carry out the work in accordance with all applicable Federal, State, and local regulations and these specifications including general, supplementary and special conditions. 1.2.4 The Contractor is responsible for restoring the work area and auxiliary areas utilized during the abatement to conditions equal to or better than original. Any damages caused during the performance of abatement activities shall be repaired by the Contractor paint peeled off by barrier tape, nail holes, water damage, broken glass) at no additional expense to the Building Owner. 1.3 Applicable Standards and Guidelines 1.3.1 General requirements 1.3.1.1 All work under this contract shall be done in strict accordance with all applicable Federal, State and local regulations, standards and codes governing asbestos abatement ERI Consulting, Inc. and any other trade work done in conjunction with the abatement. 1.3.1.2 The most recent edition of any relevant regulation, standard, document or code shall be in effect. Where conflict among the requirements or with these specifications exists the most stringent requirements shall be utilized. 1.3.1.3 Copies of all standards, regulations, codes and other applicable documents, including, but not limited to, this specification and those listed in Section 1.3.2 shall be available at the worksite in the clean change area of the decontamination system. 1.3.2 Specific requirements 1.3.2.1 Occupational Safety and Health Administration (OSHA) 1.3.2.1.1 Title 29 Code of Federal Regulations Section 1910.134 - General Industry Standard for Respiratory Protection. 1.3.2.1.2 Title 29 Code of Federal Regulations Section 1926 Construction Industry Standard. 1.3.2.1.3 Title 29 Code of Federal Regulations Section 1910.20- Access to Employee Exposure and Medical Records. 1.3.2.2 Environmental Protection Agency (EPA) 1.3.2.2.1 Title 40 Code of Federal Regulations Part 61 Subparts A and M - National Emission Standard for Asbestos. 1.3.2.2.2 Title 40 Code of Federal Regulations Part 763 subpart E - Asbestos containing materials in schools. 1.3.2.2.3 Title 40 Code of Federal Regulations Part 763 Subpart G - Worker Protection 1.3.2.3 Department of Transportation (DOT) 1.3.2.3.1 Title 49 Code of Federal Regulations Part 173 Subparts J - Transportation of Waste. 1.3.2.4 State Regulations 1.3.2.4.1 The State asbestos regulations for the state in which the project is being conducted, including landfill regulations. State of Texas Texas Asbestos Health Protection Act (TARPA), effective revision, December 1998. Texas Natural Resource Conservation Commission (TNRCC). 1.4 Execution of Work 1.4.1 Contractor shall: 1.4.1.1 Prior to Commencement of Work: 4/11/03 45 ERI Consulting, Inc. __ 1.4.1.1.1 Assure that written notification in accordance with 40 CFR Part 61 Subpart M, NESHAP, has been sent to the appropriate State or Federal air pollution control agency responsible for the enforcement of the National Emission Standard for Asbestos at least ten (10) working days prior -- to the commencement of any on-site project activity which disturbs asbestos. Notification shall be in writing with a copy to the Owner's Representative. In Texas, notice should comply with TAHPA Section 295.61 and shall be submitted to the Texas Department of Health. In Texas, -- notice of any abatement project, regardless of the quantity, must be filed with the Texas Department of Health, Austin. Other states may be more stringent than 1.4.1.1.2 Submit proof satisfactory to the Building Owner that -- required permits, site location and arrangements for transport and disposal approval for asbestos containing _ waste materials have been made. Transporter and landfill must be in compliance with 40 CFR Subpart M, NESHAP. Within the state of Texas, transportation of asbestos- containing materials shall comply with the TAHPA rules, section 295.56. -- 1.4.1.1.3 Submit documentation satisfactory to the Owner's Representative that the Contractor's employees, including supervisors, foremen, workers, and any other company personnel or agents who may be exposed to airborne asbestos fibers or who may be responsible for any aspects -- of abatement activities, have received as a minimum the training specified in Part 4 Section 4.1 of this document. _ 1.4.1.1.4 Submit documentation from a physician that all employees or agents who may be exposed to airborne asbestos have received physicals in accordance with 29 CFR 1926.1101 and -' have been found physically capable of wearing the protective equipment including the respirator. The -- employer must furnish the examining physician a copy of the regulations under which the physical is to be conducted. The Er~ployer must be aware of and provide information to the examining physician about unusual conditions in the workplace environment (e.g. high temperatures, humidity, chemical contaminants) that may impact on the employee's ability to perform work 4/11/03 46 ERI Consulting, Inc. activities. Documentation of respirator fit test within the past six months must also be furnished. 1.4.1.1.5 stubmit to the Owner's Representative, shop drawings for layout and construction of decontamination, enclosure systems and barriers for isolation of the work area as -- detailed in this specification and required by applicable regulations. 1.4.1.1.6 With the Owner's Representative, inspect the premises wherein all abatement and abatement related activities will occur and submit a statement signed by both, agreeing on building and fixture condition prior to the commencement of work. 1.4.1.1.7 Submit manufacturer's certification that HEPA vacuums, negative pressure ventilation units and other local exhaust ventilation equipment conform to ANSI 29.2-79. 1.4.1.1.8 When rental equipment is to be used in abatement areas or to transport asbestos contaminated waste, a written notification concerning intended use of the rental equipment must be provided to the rental agency with a copy submitted to the Building Owner's Representative. 1.4.1.1.9 Document NIOSH approvals for all respiratory protective devices utilized on site. Include manufacturer -- certification of HEPA filtration capabilities for all filters. 1.4.1.1.10 Submit pre-abatement air sampling results (if conducted, these samples are optional, since the Contractor rarely has access to the site prior to job - initiation). Include location of samples, name of Air Sampling Professional, equipment, and methods utilized for sampling and analysis. 1.4.1.1.11 Post in the clean room area of the worker decontamination enclosure a list containing the names, addresses, and telephone numbers of the Contractor, the Buildin9 Owner, the Owner's Representative, the Asbestos Project Officer, the General Superintendent, the Air Samplin9 Professionals, the testin9 laboratory and any other personnel who may be required to assist durin9 abatement activities (e.g. Safety Officer, Building Maintenance Supervisor, Energy Conservation -- Officer). 1.4.1.2 Durin9 Abatement Activities 4/11/03 47 ERI Consulting, Inc. 1.4.1.2.1 Submit weekly (or as otherwise required by the Owner's Representative) job progress reports detailing abatement activities. Include review of progress with respect to previously established milestones and schedules, major problems and actions taken, injury reports, and equipment breakdown. 1.4.1.2.2 Submit copies of all transport manifests, trip tickets and disposal receipts for all asbestos waste materials removed from the work area during the abatement process. Notify the Owner's Representative at least 24 hours prior to transporting of date and time. 1.4.1.2.3 Submit daily, copies of worksite entry logbooks with information on worker and visitor access. 1.4.1.2.4 Submit logs documenting filter changes on respirators, HEPA vacuums, negative pressure ventilation units, and other engineering controls. 1.4.1.2.5 Maintain on-site results of bulk material analysis and ambient air sampling analysis and other data collected during the course of the abatement including OSKA compliance air monitoring results. 1.4.1.2.6 Post the laboratory analysis results of personal samples within 24 hours of collection. Furnish a copy to the Owner's Representative either by hand or facsimile delivery. 1.4.1.2.7 Submit results of materials testing conducted during the abatement for purposes of utilization during abatement (e.g. testing of encapsulant for depth of penetration, testing of substitute materials for adherence to encapsulated surfaces). 1.4.1.3 After abatement. 1.4.1.3.1 Submit to Owner's Representative within 10 days the project report consisting of the following: 1.4.1.3.1.1 As a minimum, NESHAP notice, project log, sign in/out, equipment certifications, record of HEPA filter changes, differential pressure logs, respirator programs, personal sample log and laboratory reports showing time weighted averages for workers in each job task with social security numbers, emergency plan, safety and hazard communication training documentation, including MS/DS log, laboratory reports of samples collected 4/11/03 48 ERI Consulting, Inc. and analyzed, final copy of waste manifest with all signatures. 1.4.1.3.1.2 Optional additional records consisting of shower log, safety equipment issued, regulatory inspection reports, Grade D air records for Type C systems, security service logs and any other records the contractor wishes to submit documenting the project. 1.4.2 Owner shall through his representative 1.4.2.1 Prior to Commencement of Work: 1.4.2.1.1 Notify occupants of work areas that may be disrupted by the abatement of project dates and requirements for relocation. Arrangements must be made prior to start, for relocation of desks, files, equipment and personal possessions to avoid unauthorized access into the work area. (Note: Notification of all building occupants and users is recommended in order to prevent unnecessary or unauthorized access to the contaminated work area). 1.4.2.1.2 Submit to the Contractor, results of pre-abatement air sampling including location of samples, names of the Air Sampling Professional, equipment utilized and method of analysis. 1.4.2.1.3 Document that Owner's employees or representative who will be required to enter the work area during abatement have received training equal to that detailed in Part 4, Section 4.1. 1.4.2.1.4 Provide to the Contractor information concerning access, shutdown and protection requirements of specialized equipment and systems in the work area. 1.4.2.2 During Abatement 1.4.2.2.1 Submit to the Contractor, results of bulk material analysis and air sampling data collected during the course of the abatement. These sample results are for information only. They serve only to monitor Contractor performance during the project and shall not release the Contractor from any responsibility to sample to document OSHA compliance. 1.5 Site Sscurity 1.5.1 The work area is to be restricted only to authorized, trained, and protected personnel. These may include the Contractor's employees, employees of Subcontractors, Owner employees and representatives, 4/11/03 49 ERI Consulting, Inc. _~ State and local inspectors and any other designated individuals. A list of other designated individuals shall be furnished to the contractor prior to job start and posted in the clean room of the worker decontamination facility. 1.5.2 Entry into the work area by ur. authorized individuals shall be reported immediately to the Owner's Representative by the Contractor. 1.5.3 A log book shall be maintained in the clean-room area of the worker decontamination system. Anyone who enters the work area must record name, affiliation, type of respiratory-worn, time in, and time out for each entry. 1.5.4 Access to the work area shall be through a single worker decontamination system located at the area approved in the contractor's submittal. All other means of access (doors, windows, hallways, etc.) shall be blocked or locked so as to prevent entry to or exit from the work area. The only exceptions for this rule are the waste pass-out airlock which shall be sealed except during the removal of containerized asbestos waste from the work area, and emergency exits in case of fire or accident. Emergency exits shall not be locked from the inside, however, they shall be sealed with polyethylene sheeting and tape until needed. 1.5.5 Contractor should have control of site security during abatement operations, in order to protect work efforts and equipment~ -- 1.5.6 Contractor will have Owner's assistance in notifying building occupants of impending activity a~d enforcement of restricted access by Owner's employees. 1.6 Emergency Planning 1.6.1 Emergency planning shall be developed prior to abatement initiation -- and agreed to be Contractor and Owner's Representative. 1.6.2 Emergency procedures shall be in written form and prominently posted _ in the clean change area and equipment room of the worker decontamination area. Everyone prior to entering the work area must read and sign these procedures to acknowledge receipt and -- understanding of work site layout, location of emergency exits and emergency procedures. -- 1.6.3 Emergency planning shall include written notification to police, fire and emergency medical personnel of planned abatement activities, work schedule and layout of work area, particularly barriers that may affect response capabilities. A copy shall be furnished to the Owner's Representative. -- 1.6.4 Emergency planning shall include considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, -- 4/11/03 50 ERI Consulting, Inc. confined spaces and heat related injury. Written procedures shall be developed and employee training in procedures shall be provided. At least one person trained in first aid procedures including CPR shall be on duty at all times work is being done. 1.6.5 Employees shall be trained in evacuation procedures in the event of workplace emergencies. 1.6.5.1 For non-life-threatening situations - employees injured or otherwise incapacitated shall decontaminate following normal procedures with assistance from fellow workers if necessary, before exiting the workplace to obtain proper medical treatment. 1.6.5.2 For life-threatening injury or illness, worker decontamination shall take least priority after measures to stabilize the injured worker, remove him from the workplace and secure proper medical treatment. 1.6.6 Telephone numbers of all emergency response persorunel shall be prominently posted in the clean change area or on an adjacent bulletin board along with the location of the nearest telephone. 1.7 Pre-Start Meeting 1.7.1 The Contractor shall attend a pre-start job meeting to be scheduled by mutual agreement of the Owner's Representative and the Contractor. Attending this meeting will be Owner's Representative and the Owner's agents along with testing/monitoring personnel (e.g. Asbestos Project Manager, Air Sampling Professional) who will participate in the Owner's testing/monitoring program if this is not done by the Owner's representative. 1.7.2 The Contractor a/id supervisory personnel who will provide on-site direction of the abatement activities must attend. The Contractor's Air Sampling Professional if required or utilized shall also attend. 1.7.3 At this meeting the Contractor shall provide all submittals as required in Section 1.4.1.1 and 1.6. In addition he shall be prepared to provide detailed information concerning job sequence of work and performance schedule. Part 2 Materials and Equipme~t 2.1 Materials 2.1.1 General (all abatement projects) 2.1.1.1 Deliver all materials in the original packages, containers or bundles bearing the name of the manufacturer and the brand name (where applicable). 2.1.1.2 Store all materials subject to damage off the ground, away from wet or damp surfaces and under cover sufficient enough to 4/11/03 51 ERI Consulting, Inc. prevent damage or contamination. Replacement materials shall be stored outside of the work area until abatement is completed. 2.1.1.3 Damaged, deteriorating or previously used materials shall not be used and shall be removed from the worksite and disposed of properly. 2.1.1.4 Polyethylene sheeting for walls shall be a minimum of 4-mil thick. For floors, stationary objects and all other uses sheeting of at least 6-mil thickness shall be used. Widths shall be selected to minimize the frequency of joints. 2.1.1.5 Method of attaching polyethylene sheeting shall be agreed upon in advance by the Contractor and Owner's Representative and selected to minimize damage to equipment and surfaces. Method of attachment may include any combination of duct tape or other waterproof tape, furring strips, spray, glue, staples, nails, screws or other effective procedures capable of sealing adjacent sheets of polyethylene and capable of sealing polyethylene to dissimilar finished or unfinished surfaces under both wet and dry conditions (including the use of amended water). 2.1.1.6 Polyethylene sheeting utilized for worker decontamination enclosure shall be opaque white or black in color. 2.1.1.7 Disposal bags shall be of 6 mil polyethylene, pre-printed with labels as required by EPA regulation 40 CFR 61.152 or OSHA requirement 29 CFR 1910.1001 and/or 29 CFR 1926.1101. 2.1.1.8 Disposal drums shall be metal or fiberboard with locking ring tops. 2.1.1.9 Stick-on labels as per EPA or OSHA requirements (see 2.1.2.7) for disposal drums. 2.1.1.10 Warning signs as required by 29 CFR 1926.1101. 2.2 Equipment 2.2.1 General (all abatement 9rojects) 2.2.1.1 A sufficient quantity of negative 9ressure ventilation units equipped with HEPA filtration and ogerated in accordance with ANSI 29.2-79 (local exhaust ventilation requirements) and EPA guidance document EPA 560/5-83-002 Guidance for Controllin~ Friable Asbestos-Containin~ Materials in Buildings ADDendix F: Recommended snecifications and ODeratin~ Procedures for the Use of Negative Pressure Systems for Asbestos Abatement shall be utilized so as to provide one workplace air change every 15 minutes. The unit capacity must be the rating when filter 4/11/03 52 ERI Consulting, Inc. change differential pressure is reached. One standby unit of the same or higher rated capacity as the larger unit in use will be on site as a spare. For small enclosures and glove bags, a HEPA filtered vacuum system may be utilized to provide negative air pressure. The use of negative air units to provide circulation and scrub the air is suggested. A differential pressure of -0.02 inches of water must be maintained under all conditions. 2.2.1.2 Type "C" air supplied respirators in positive pressure or pressure demand mode with full facepieces and HEPA filtered disconnect protection are recommended by the U.S. EPA for all full shift abatement work until the successful completion of final clearance air monitoring. Powered air purifying respirators equipped with HEPA filters and full facepieces or respirators with a lower NIOSH assigned protection factor may be used for inspection or repair work of less than 1 hour duration per day. A sufficient supply of charged replacement batteries and filters and a flow test meter shall be available in the clean change area for use with powered air purifying respirators. Air purifying respirators with dual high- efficiency (~IEPA) filters may be utilized during work area preparation activities. (See Section 3.3.2.3). Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear full facepiece respirators. Respirators shall be provided that have been tested and approved by the National Institute of Occupational Safety and Health and by the Mine Safety and Health Administration (MSEA) for use in asbestos contaminated atmospheres. 2.2.1.3 Compressed air systems shall be designed to provide air volumes and pressures to accommodate respirator manufacturer's specifications. The compressed air systems shall have a receiver of adequate capacity to allow escape of all respirator wearers from contaminated areas in the event of compressor failure. Compressors must meet the requirements of 29 CFR 1910.134 (d). Compressors must have an in-line carbon monoxide monitor and periodic testing of the carbon monoxide monitor must be evidenced. Documentation of adequacy of compressed air systems/respiratory protection system must be retained on site. This documentation will include a list of compatible components with the maximum number and tYlDe of respirators that may be used with the system. Periodic 4/11/03 53 ERI Consulting, Inc. testing of compressed air shall insure that systems provide air of sufficient quality (Grade D breathing air as described in Compressed Gas Association Commodity Specifications (G-7.1) The use of an air purifying system is encouraged. In the event of compressor failure, a bottled gas system may be utilized or respirators with an escape air purifying cartridge may be used. 2.2.1.4 Full body disposable protective clothing, including head, body and foot coverings (unless using footwear as described in 2.2.1.6) consisting of material limiting penetration by asbestos fibers (T!rvek or equivalent) shall be provided to all workers and authorized visitors in sizes adequate to accommodate movement without tearing. 2.2.1.5 Additional safety equipment (e.g. hard hats meeting the requirements of ANSI Standard Z89.1-1981, eye protection meeting the requirements of ANSI Standard Z87.1-1979, safety shoes meeting the requirements of ANSI Standard Z41.1-1967, disposable PVC gloves), as necessary shall be provided to all workers and authorized visitors. 2.2.1.6 Non-skid footwear shall be provided to all abatement workers. Disposable clothing shall be adequately sealed to the footwear to prevent body contamination. 2.2.1.7 If launderable clothing is to be worn %underneath disposable protective clothing, it shall be provided by the Contractor to all abatement workers. (It is recommended that launderable clothing be a unique, specific color to enable it to be distinguished from general purpose blue, gray or black coveralls which are commonly worn). Laundering must be in accordance the following procedures: 2.2.1.7.1 Launderers must be trained in proper techniques for handling asbestos contaminated clothing and provided with personal protective equipment consisting of appropriate respirators and disposable clothing for use when needed. 2.2.1.7.2 Machines used for laundering asbestos contaminated clothing shall be isolated and restricted to such use. 2.2.1.7.3 Washers shall be equipped with filters to remove asbestos fibers from discharged water (See Section 3.1.2.7) 2.2.1.7.4 Dryers shall be isolated and restricted for use with asbestos contaminated fabrics and have HEPA filtered exhaust. 4/11/03 54 ERI Consulting, Inc. 2.2.1.7.5 Machine maintenance shall be performed by protected individuals (as per 2.2.1.7.1). 2.2.1.8 A sufficient supply of disposable mops, rags and sponges for work area decontamination shall be available. 2.2.2 Removal 2.2.2.1 A sufficient supply of scaffolds, ladders, lifts and hand tools (e.g. scrapers, wire cutters, nylon brushes, utility knives, wire saws, etc.) shall be provided as needed. 2.2.2.2 Sprayers with pumps capable of provided 500 pounds per square inch (psi) at the nozzle tip at the flow rate of 2 gallons per minute for spraying amended water. 2.2.2.3 Rubber shovels, dustpans and rubber squeegees shall be provided for cleanup. 2.2.2.4 Brushes utilized for removing loose asbestos containing material shall have nylon or fiber bristles, not metal. 2.2.2.5 A sufficient supply of HEPA filtered vacuum systems shall be available during cleanup. 2.2.3 Encapsulation 2.2.3.1 Encapsulants shall be sprayed using airless spray equipment. Nozzle pressure should be adjustable within the 400 to 1500 psi range. (Follow manufacturer's recommendations). 2.2.3.2 The nature of the encapsulant may effect the requirements for respiratory protection. Vapors that may be given off during encapsulant application must be taken into account when selection respirators, if tyl~es other air supplied are used. 2.2.4 Enclosure 2.2.4.1 Hand tools equipped with HEPA filtered local exhaust ventilation shall be utilized during the installation of enclosures and supports if there is any need to disturb asbestos containing materials during this process. As an alternative asbestos material may be partially removed following proper removal procedures prior to the installation of supports and enclosures. 2.3 Substitutions 2.3.1 Approval Required: 2.3.1.1 The Contract is based on the materials, equipment and methods described in the Contract Documents. 2.3.1.2 The Owner's Representative will consider proposals for substitutions of materials, equipment and methods only when such proposals are accompanied by full and complete technical -- 4/xs/03 55 ERI Consulting, Inc. data and all other information required by the Owner' s Representative to evaluate the proposed substitution. 2.3.1.3 Do not substitute materials, equipment or methods unless such -' substitution has been specifically approved for this work by the Owner's Representative. -- 2.3.2 "Or equal": 2.3.2.1 Where the phrase "or equal" or "or equal as approved by the Owner" occurs in the Contract Document, do not assume that materials, equipment or methods will be approved by the Owner's Representative unless the item has been specifically approved for this work by the Owner's Representative. 2.3.2.2 The decision of the Owner's Representative shall be final. 2.3.3 Separate substitute bids: 2.3.3.1 Bidders may, if they wish, submit completely separate bids using materials and methods other than those described in the -' Contract Documents, provided that all substitutions are clearly identified and described, and that the Bid in all other respects is in accordance with the provisions of the Contract Documents. 2.3.4 Availability of specified items: 2.3.4.1 Verify prior to bidding that all specified items will be available in time for installation during orderly and timely progress of the work. 2.3.4.2 In the event that specified items will not be so available, notify the Owner's Representative prior to receipt of bids. 2.3.4.3 Costs of delays because of non-availability of specified items, when such delays could have been avoided by the Contractor, will be back-charged as necessary and shall not be borne by the Owner. Part 3 - Execution 3.1 Preparation 3.1.1 Work Areas 3.1.1.1 Post danger signs meeting the specifications of OSHA 29 CFR 1926.1101 (k) (1) at any location and approaches to a location where airborne concentrations of asbestos may exceed the PEL. signs shall be posted at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs may need to be posted following construction of workplace enclosure barriers. Barrier tape will be 4/11/03 56 ERI Consulting, Inc. installed at a distance to ensure the fiber level outside the tape is below the PEL. 3.1.1.2 Shut down and lock out electric power to all work areas. Provide temporary power and lighting. Insure safe installation (including ground faulting) of temporary power sources and equipment by compliance with all applicable electrical code requirements and OSHA requirements for temporary electrical systems. All costs for electricity shall be paid for by the Owner. 3.1.1.3 Shut down and lock out all heating, cooling and air conditioning system (HVAC) components that are in, supply or pass through the work area. Interiors of existing duct work may require decontamination. This may be done during the pre- cleaning phase of operations before the ductwork is sealed off or during the final cleaning phase prior to reengagement of the system. Appropriate equipment and control measures shall be utilized to prevent contamination of building spaces during this operation. Adequate cleaning of ductwork may be accomplished if approved by the Owner's Representative by drawing high volumes of air through the system using the HEPA filtered negative pressure ventilation units. Investigate the work area and agree on pre-abatement condition with Owner's Representative. Seal all intake and exhaust vents in the work area with tape and 6-mil polyethylene. Also seal any seams in system components that pass through the work area. Remove all PIVAC system filters and place in labeled 6-mil polyethylene bags for staging and eventual disposal as asbestos contaminated waste. 3.1.1.4 The Contractor shall provide sanitary facilities for abatement personnel outside of the enclosed work area and maintain them in a clean and sanitary condition throughout the project. The Abatement Contractor shall provide comfortable seating and daily refreshments for the Project Consultant and Owners Representatives. All refreshments shall conform to the consultant and/or project managers requests. The Contractor may submit a written request at the preconstruction conference not to be responsible for such services. If this request is made at the preconstruction conference, the Contractor shall be released from such obligation. 3.1.1.5 The Owner will provide water for construction purposes. Contractor shall connect to existing Owner system. 57 ERI Consulting, Inc. 3.1.1.6 Preclean all moveable objects within the work area using a HEPA filtered vacuum and/or wet cleaning methods as appropriate. After cleaning, these objects shall be removed -- from the work area and carefully stored in an uncontaminated location. 3.1.1.7 Preclean all fixed objects in the work area using HEPA filtered vacuums and/or wet cleaning techniques as appropriate. Careful attention must be paid to machinery behind grills or gratings where access may be difficult but contamination may exist. Also pay particular attention to -- wall, floor and ceiling penetrations behind fixed items. After precleaning, enclose fixed objects in 6 mil polyethylene sheeting and seal securely in place with tape. Control panels, gauges etc. in the work area may require Owner access during abatement. These shall be designated and enclosures -- constructed with access flaps sealed with waterproof tape. 3.1.1.8 Preclean all surfaces in the work area using HEPA filtered vacuums and/or wet cleaning methods as appropriate. Do not use any methods that would raise dust such as dry sweeping or vacuuming with equipment not equipped with HEPA filters. Do -- not disturb asbestos containing materials during the pre- cleaning phase. -- 3.1.1.9 Seal off all windows, doorways, elevator openings, corridor entrances, drains, ducts, grills, grates, diffusers, skylights and any other openings between the work area and uncontaminated areas outside of the work area (including the outside of the building), tunnels and crawl spaces with 6 mil polyethylene sheeting and tape (See Section 3.1.4 - Isolating work area from occupied areas). 3.1.1.10 Cover floors in the work area with polyethylene sheeting. 3.1.1.10.1 Floor shall be covered with two layers of 6 mil (minimum) sheeting. Carpeting, hardwood flooring and tile floors may be damaged by leaks of water, ladder feet, scaffold wheels etc. Additional layers of protection such as plywood, canvas dropcloths or extra plastic sheeting are required. Additional layers of sheeting may be utilized as drop cloths to aid in cleanup of bulk materials. Place carpenters line chalk between 1st and 2nd layers at seams as a leak indicator. - 4/11/03 58 ERI Consulting, Inc. 3.1.1.10.2 Plastic shall be sized to minimize seams. If the floor area necessitates seams, those on successive layers of sheeting shall be staggered to reduce the potential for water to penetrate to the flooring material. A distance of at least 6 feet between seams is sufficient. Do not locate any seams at wall/floor joints. 3.1.1.10.3 Floor sheeting shall extend at least 18" up the sidewalls of the work area. 3.1.1.10.4 Sheeting shall be installed in a fashion so as to prevent slippage between successive layers of material. (Vinyl sheeting raay be used for improved traction on floors). 3.1.1.11 Cover walls in the work area with polyethylene sheeting. Walls that are nonporous and will not be damaged by water, surfactant, encapsulant do not necessarily need protection. They can be decontaminated using~tEPA vacuums and wet cleaning techniques. Walls with mortar joints (e.g. tile) are considered porous. In addition, openings through these walls to uncontaminated areas of the building must be sealed as described in Section 3.1.1.9. 3.1.1.11.1 Walls shall be cOvered with two layers of 4 mil polyethylene sheeting. 3.1.1.11.2 Plastic shall be sized to m4~imize seams. Seams shall be staggered and separated by a distance of at least 6 feet. Wall sheeting shall overlap floor sheeting by at least 12 inches beyond the wall/floor joint to provide a better seal ag~t water damage and for negative pressure. Wall sheeting must overlap floor sheeting such that the first wall sheeting layer is between the first and second floor sheeting layer. 3.1.1.11.3 Wall sheeting shall be secured adequately to prevent it from falling away fro~ the walls. This will require additional support/attachment when negative pressure ventilation systems are utilized. 3.1.2 Worker decontamination enclosure systems: 3.1.2.1 Worker decontamination enclosure systems shall be provided at all locations where workers will enter or exit the work area. One system at a single location for each contained work area is preferred. These systems may consist of existing rooms outside of the work area, if the layout is appropriate, that 4/11/03 59 ERI Consulting, Inc. can be enclosed in plastic sheeting and are accessible from the work area. When this situation does not exist, enclosure systems may be constructed out of metal, woods or plastic support as appropriate. 3.1.2.2 Plans for construction, including materials and layout, shall be submitted as shop drawings and approved, in writing by the Owner's Representative prior to work initiation. Worker decontamination enclosure systems constructed at the worksite shall utilize 6 mil opaque black or white polyethylene sheeting or other acceptable materials for privacy. Detailed descriptions of portable, pre-fabricated units, if used, must be submitted for the Owner's Representative approval. Plans must include floor plan (in accordance with 3.1.2.3) with dimensions, materials, size, thickness, plumbing and electrical utilities. 3.1.2.3 The worker decontamination enclosure system shall consist of at least a clean room, a shower room, and an equipment room, each separated from each other and from the work area by polyethylene airlocks. 3.1.2.4 Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through curtained doorways consisting of two sheets of overlapping polyethylene sheeting. One sheet shall be secured at the top and left side, the other sheet at the top and right side. Both sheets shall have weights attached to the bottom to insure that they hang straight and maintain a seal over the doorway when not in use. Doorway designs, providing equivalent protection and acceptable to the Owner's Representative may be utilized. 3.1.2.5 Clean room shall be sized to adequately accommodate the work crew. Benches shall be provided as well as hooks for hanging up street clothes. Lockers may be provided for valuables, however, workers may be requested to secure valuables in their cars. Shelves for storing respirators shall also be provided in this area. Clean work clothes (if required under disposables), clean disposable clothing, replacement filters for respirators, towels and other necessary items shall be provided in adequate supply at the clean room. A location for posting shall also be provided in this area. Whenever possible, a lockable door shall be used to permit access into the clean room from outside the area. Lighting, heat and electricity shall be provided as necessary for comfort. This 4/11/03 60 ER[ Consulting, Inc. _ space shall not be used for storage of tools equipment or materials, (except as specifically designated) or as office space. 3.1.2.6 Shower room shall contain one or more showers as necessary to adequately accommodate workers. Each shower head shall be supplied with hot and cold water adjustable at the tap. The shower enclosure shall be constructed to ensure against leakage of any kind. An adequate supply of soap, fingernail brushes, shampoo and towels shall be supplied by the Contractor and available at all time. Shower water shall be drained, collected and filtered through a system with at least 5 micron particle size collection capability. (Note: A system containing a series of several filters with progressively smaller pore sizes is recommended to avoid rapid clogging of filtration system by large particles). -- 3.1.2.7 The equipment room shall be used for storage of equipment and tools at the end of the shift after they have been decontaminated using a HEPA filtered vacuum and/or wet cleaning techniques as appropriate. Replacement filters (in sealed containers until used) for HEPA vacuums and negative pressure ventilation equipment, extra tools, containers of surfactant and other materials and equipment that may be required during the abatement may also be stored here as needed. A walk-off pan (a small children's swimming pool or equivalent) filled with water shall be located in the work area just outside the equipment room for workers to clean off foot coverings after leaving the work area and prevent -- excessive contamination of the worker decontamination enclosure system. A drum lined with a labeled 6 mil polyethylene bag for collection of disposable clothing shall be located in this room. Contaminated footwear (e.g. rubber boots, other reusable footwear) shall be stored in this area for reuse the following workday. 3.1.3 Waste Container pass-out and emergency exits -- 3.1.3.1 The waste container pass-out shall be constructed at some location away from the worker decontamination enclosure system. Wherever possible, this shall be located where there is direct access from the work area to the outside of the building. -- 4/11/03 61 ERI Consulting, Inc. -- 3.1.3.2 This system shall consist of flapped doors, a container staging area, and a flapped door with access to the outside of the work area. 3.1.3.3 The waste container pass-out airlock shall be constructed in similar fashion to the worker decontamination enclosure system using similar materials and curtain doorway designs. 3.1.3.4 This bag out system shall not be used to enter or exit the worksite. 3.1.3.5 Emergency exits shall be established and clearly marked with duct tape arrows or other effective designations to permit --- easy location from anywhere within the work area. They shall be secured to prevent access from uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed with polyethylene sheeting which can be cut to permit egress if needed. These exits may be the worker decontamination enclosure, the waste pass-out airlock and/or other alternative exits satisfactory to fire officials. _ 3.1.4 Area Barriers 3.1.4.1 The contaminated work area shall be separated from uncontaminated, occupied areas of the building by the construction of air tight barriers. 3.1.4.2 Walls shall be constructed of wood or metal framing to support barriers in all openings larger than 4' x 8'. 3.1.4.3 A sheathing material (plywood, drywall) of at least ~" thickness shall be applied to work side of barrier. 3.1.4.4 Cover both sides of partition with a double layer of 6 mil polyethylene sheeting with staggered joints and seal in place. Caulk edges of partition at floor, ceiling, walls and fixtures to form an air tight seal. 3.1.5 Maintenance of workplace barriers and worker decontamination enclosure systems 3.1.5.1 Following completion of the construction of all polyethylene barriers and decontamination system enclosures, allow overnight settling to insure that barriers will remain intact and secured to walls and fixtures before beginning actual abatement activities. 3.1.5.2 All polyethylene barriers inside the workplace, in the worker decontamination enclosure system, in the waste container pass- out airlock and at partitions constructed to isolate the work area form occupied areas shall be inspected at least twice daily, prior to the start of each day's abatement activities 4/11/03 62 ERI Consulting, Inc. and following the completion of the day's abatement activities. Document inspections and observations in the daily project log. 3.1.5.3 Damage and defects in the enclosure system are to be repaired immediately upon discovery. 3.1.5.4 Use smoke tubes to test the effectiveness of the barrier system when directed by Owner's Representative. 3.1.5.5 At any time during the abatement activities after barriers have been erected, if visible material is observed outside of the work area or if damage occurs to barriers, work shall immediately stop, repairs be made to barriers, and debris/residue cleaned up using appropriate HEPA vacuuming and wet mopping procedures. 3.1.5.6 If air samples collected outside of the work area during abatement activities indicate airborne fiber concentrations greater than 0.01 f/cc or pre-measured background levels (whichever is lower) work shall immediately stop for inspection and repair of barriers. Cleanup of surfaces outside of the work area using HEPA vacuums or wet cleaning techniques may be necessary. 3.1.5.7 Install and initiate operation of negative pressure ventilation equipment as needed to provide one air change in the work area every 15 minutes. (See Section 2.2.1.1). A sufficient amount of air must also be exhausted to create a pressure drop of 0.02 inches of water within the enclosure with respect to the area outside the enclosure. Openings made in the enclosure system to accommodate these units shall be made airtight with tape and/or caulking as needed. If more than one unit is installed, they should be turned on one at a time, checking the integrity of wall barriers for secure attachment and need for additional reinforcement. Insure that adequate power supply is available to satisfy the requirements of the ventilating units. Negative pressure ventilation units shall be exhausted to the outside of the building whenever feasible. They shall not be exhausted into occupied areas of the building. Twelve inch extension ducting shall be used to reach from the work area to the outside when required. Careful installation, air monitoring and daily inspections shall be done to insure that the ducting does not release fibers into uncontaminated building areas. -- 4/11/03 63 ERI Consulting, Inc. 3.1.5.8 The Contractor shall supply U-Tube manometers needed to accurately measure the differential pressure for each containment or enclosure. 3.1.6 Once constructed and reinforced as necessary, with negative pressure ventilation units in operation as required, test enclosure for leakage utilizing smoke tubes. Repair or reconstruct as needed. 3.1.7 Clearly identify and maintain emergency and fire exits from the work area. 3.1.8 Remove, clean and enclose in polyethylene the ceiling mounted objects such as lights and other items that may interfere with the ~batement process and were not previously cleaned and sealed off. Utilize localized spraying of amended water and/or HEPA vacuums to reduce fiber dispersal during the removal of these fixtures. 3.1.9 Removal of building components 3.1.9.1 After isolation of work area as described in previous sections and initiation of negative pressure ventilation, remove ceiling tiles or panels within the work area carefully. If these are to be reused, vacuum them with a HEPA filtered vacuum cleaner and carefully damp sponge and wrap cleaned tiles or panels in 6 mil polyethylene sheeting and seal with tape. Store as designated by Owner's Representative. If tiles or panels are to be discarded it is not necessary to clean them, but wrap in a similar fashion and stage for disposal in the waste container pass-out airlock. 3.1.9.2 Where suspended ceiling T-grid components must be removed to perform the abatement, H~PA vacuum and wet-sponge each piece after removal from hangers. Wrap clean grid pieces in 6-mil polyethylene sheeting and seal with tape. Store as designated by Owner's Representative or in waste staging area if designated for disposal. 3.1.9.3 When removal of ceiling grid suspension system is not necessary for accessibility to the asbestos containing materials, leave the system in place and clean properly following completion of abatement. 3.1.9.4 Remove plaster/drywall ceilings including lath, furring channel system, wire mesh, ties, clips, screws, nails and other accessory items as directed in Section 1.1 "Scope of Work" and dispose of as asbestos contaminated waste~terial. As work progresses, spray ceiling materials and debris with amended water to keep wet until containerized for disposal. 3.1.10 Commencement of work shall not occur until: -- 4/xl/03 64 ERI Consulting, Inc. -- 3.1.10.1 Enclosure systems have been constructed and tested. 3.1.10.2 Negative pressure ventilation systems are functioning adequately. 3.1.10.3 Ail pre-abatement submissions, notifications, postings and permits have been provided and are satisfactory to the Owner's -- Representative. (See Section 1.6). 3.1.10.4 All equipment for abatement, clean-up and disposal are on hand. 3.1.10.5 All worker training, certification, and registration/licensing is completed. -- 3.1.10.6 Contractor received written permission from Owner's Representative to commence abatement. 3.1.11 Alternative Procedures 3.1.11.1 Procedures described in this specification are to be utilized at all times. -- 3.1.11.2 If specified procedures cannot be utilized, a request must be made in writing to the Owner's Representative providing details of the problem encountered and recommended alternatives. 3.1.11.3 Alternative procedures shall provide equivalent or greater protection than procedures that they replace. 3.1.11.4 Any alternative procedure must be approved in writing by the -- Owner's Representative prior to implementation. 3.1.11.5 Alternative procedures may be specified in the Scope of Work. 3.2 Workplace ~ntry and Exit Procedures -- 3.2.1 Personnel entry and exit 3.2.1.1 Ail workers and authorized personnel shall enter the work area -- through the worker decontamination enclosure system. 3.2.1.2 All personnel who enter the work area must sign the entry log, located in the clean room, upon entry and exit. The type of respirator worn shall be noted. 3.2.1.3 All personnel, before entering the work area, shall read and -- be familiar with all posted regulations, personal protection requirements (including workplace entry a/id exit procedures) and emergency procedures. A sign-off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior to entry. -- 3.2.1.4 /%11 personnel shall proceed first to the clean room, remove all street clothes and appropriately don respiratory --- 4/11/03 65 ERI Consulting, Inc. protection, as deemed adequate for the job conditions, and launderable and/or disposable coveralls, head covering and foot covering. Hard hats, eye protection and gloves shall also be utilized if required. Clean respirators and protective clothing shall be provided and utilized by each person for each separate entry into the work area. 3.2.1.5 Personnel wearing designated personal protective equipment shall proceed from the clean room through the shower room and equipment room to the main work area. 3.2.1.6 Before leaving the work area, all personnel shall remove gross contamination from the outside of respirators and protective clothing by brushing and/or wet wiping procedures. Small HEPA vacuum with brush attachments may be utilized for this purpose, however, larger machines may tear the suits and may not be used. Each person shall clean bottoms of protective footwear in the walk-off pan just prior to entering the equipment room. 3.2.1.7 Personnel shall proceed to equipment room where they remove all protective equipment except respirators. Deposit disposable and/or launderable clothing into appropriately labeled containers for disposal and/or laundering. 3.2.1.8 Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work area. Upon completion of abatement, it shall be disposed of as asbestos contaminated waste. Rubber boots may be decontaminated at the completion of the abatement for reuse. 3.2.1.9 Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the respirators and the exposed face area under running water prior to removal of respirator and shower and shampoo to remove residual asbestos contamination. Various types of respirators will require slight modification of these procedures. An airline respirator with HEPA filtered disconnect protection may be disconnected in the equipment room and worn into the shower. A powered air-purifying respiratory facepiece will have to be disconnected form the Filter/power pack assembly which is not waterproof, upon entering the shower. A dual cartridge respirator may be worn into the shower. Cartridges must be replaced for each new entry into the work area. 3.2.1.10 After showering and drying off, proceed to the clean room and don clean disposable (and/or launderable) clothing if there ERI Consulting, Inc. will be later re-entry into the work area or street clothes if it is the end of the work shift. 3.2.1.11 These procedures shall be posted in the clean room and equipment room. 3.2.2 waste container pass-out procedures 3.2.2.1 Asbestos contamination waste that has been containerized shall be transported out of the work area through the waste container pass-out. 3.2.2.2 Waste pass-out procedures shall utilize two teams of workers, an "inside" team and an "outside" team. 3.2.2.3 The inside team wearing appropriate protective clothing and respirators for inside the work area shall clean the outside, including bottoms, of properly labeled containers (bags, drums, or wrapped components) using HEPA vacuums and wet wiping techniques and transport them into the waste container pass-out airlock. No worker from the inside team shall further exit the work area through this airlock. 3.2.2.4 The outside team, wearing a different color protective clothing and appropriately assigned respirators, shall enter the airlock from outside the work are~, enclose the drums or bags in clean, labeled 6 mil polyethylene bags and remove them from the airlock to the outside. No worker from the outside team shall further enter the work area through this airlock. Each container shall be labeled with the name of the generator (owner), the location and the contractor's name. 3.2.2.5 The exit from this chamber shall be secured to prevent unauthorized entry. 3.3 Personnel Protection Requirements 3.3.1 Training 3.3.1.1 Prior to commencement of abatement activities, all personnel who will be required to enter the work area or handle containerized asbestos containing materials must have received adequate training in accordance with Part 4 Section 4.1 of this document. 3.3.1.2 Special on-site training on equipment and procedures unique to this job site shall be performed as required. 3.3.1.3 Training in emergency response and evacuation procedures shall be provided. 3.3.2 Respiratory Protection 3.3.2.1 Ail respiratory protection shall be provided to workers in accordance with the submitted written respiratory protection 4/11/03 67 ERI Consulting, Inc. program, which includes all items in OSHA29 CFR 1910.134 (b) (1-11). This program shall be posted in the clean room of the worker decontamination enclosure system. 3.3.2.2 Workers shall be provided with personally issued, individually identified (marked with waterproOf designations) respirators. Respirators must be cleaned and sterilized following each period of wear. 3.3.2.3 Respirators shall be selected that meet the requirements in OSHA 29 CFR 1926.1101 (h) and provide protection inside the respirator to a level of 0.05 fibers /cc based on personal breathing zone air samples. Owner's Representative may require type "C" air supplier in pressure demand mode initially and allow downgrading based on personal sample results to provide levels at or below 0.05 f/cc or less inside the mask. The NIOSH/MSHA Type "C" air-supplied respirators in pressure demand mode with full facepieces and HEPA filtered disconnect protection or emergency air bottle shall be provided to all full-shift asbestos abatement workers. Powered air-purifying respirators equipped with HEPA filtration and full facepieces may be utilized for inspection or repair work of less than one (1) hour duration. (See Section 2.2.1.2). 3.3.2.4 Fit testing 3.3.2.4.1 Workers must perform positive and negative air pressure fit tests each time a respirator is put on, whenever the respirator design so permits. Powered air-purifying respirators shall be tested for adequate flow as specified by the manufacturer. 3.3.2.4.2 Workers shall be given a qualitative fit test in accordance with procedures detailed in 29 CFR 1926.1101. Half-face air purifying respirators may be fit tested by Qualitative protocol. Other types shall be tested by Quantitative protocol where required. 3.3.2.4.3 Documentation of adequate respirator fit must be provided to the Owner's Representative. 3.3.2.5 No one wearing a beard shall be permitted to don a respirator and enter the work area. 3.3.2.6 Additional respirators (minimum of 2 of each type) and training on their donning and use must be available at the work site for authorized visitors who may be required to enter the work area. ERI Consulting, Inc. 3.3.3 Protective clothing 3.3.3.1 Disposable clothing including head, foot and full body protection shall be provided in sufficient quantities and adequate sizes for all workers and authorized visitors. 3.3.3.2 Launderable clothing, if required, shall be provided in sufficient quantities and adequate sizes for all workers and authorized visitors. 3.3.3.3 Hard hats, protective eye-wear, gloves, rubber boots and/or other footwear shall be provided as required for workers and authorized visitors. Safety shoes may be required for some activities. 3.4 Removal Procedures 3.4.1 Clean and isolate the work area in accordance with Section 3.1. 3.4.2 Wet all asbestos containing material with an amended water solution using equipment capable of providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed. Saturate the material to the substrate, however, do not allow excessive water to accumulate in the work area. Keep all removed material wet enough to prevent fiber release until it can be containerized for disposal. If work area temperatures are below 32 F and amended water is subject to freezing, dry removal permits and procedures must be utilized (See 2.1.2.1). Maintain a high humidity in the work area by misting or spraying to assist in fiber settling and reduce airborne concentrations. Wetting procedures are not equally effective on all types of asbestos containing materials but, shall none-the-less be used in all cases. 3.4.3 Saturated asbestos containing material shall be removed in manageable sections. Removed material should be containerized before moving to a new location for continuance of work. Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up. 3.4.4 Material removed from building structures or components shall not be dropped or thrown to the floor. Material should be removed as intact sections or components whenever possible and carefully lowered to the floor. If this cannot be done for materials greater than 50 feet above the floor, a dust-tight chute shall be constructed to transport the material to containers on the floor or the material may be containerized at elevated levels (e.g. on scaffolds) and carefully lowered to the ground by mechanical means. For materials between 15 and 12 feet above the ground they may be containerized at elevated 4/11/03 69 ERI Consulting, Inc. levels or dropped onto inclined chutes or scaffolding for subsequent collection and containerization. 3.4.5 Containers (6-mil polyethylene bags or drums) shall be sealed when ~ full. Double bagging of waste material is required. Bags shall not be over ~ full with all air evacuated out of the bag using a HEPA vacuum. They should be securely sealed to prevent accidental opening and leakage by tying tops of bags in an overhand knot or by taping in gooseneck fashion. Do not seal bags with wire or cord. (Bags may be placed in drums for staging and transportation to the landfill. Bags shall be decontaminated on exterior surfaces by wet cleaning and HEPA vacuuming before being placed in clean drums and sealed with locking ring tops). 3.4.6 Large components removed intact may be wrapped in 2 layers of 6-mil polyethylene sheeting secured with tape and properly labeled for transport to the landfill. 3.4.7 Asbestos containing waste with sharp-edged components (e.g. nails, screws, metal lath, tin sheeting) will tear the polyethylene bags and sheeting and shall be placed into drums for disposal. 3.4.8 Asbestos containing thermal insulation shall be removed utilizing glove bags with the appropriate procedures to be followed in which the bag is taped in place around the pipe, the insulation is cut inside the bag following spraying with wetting agent. The material is then removed, dropped into the bottom of the bag. The pipe is cleaned by brushing with nylon brush and then an encapsulant is sprayed on the bare pipe. The ends of the insulation which have been cut inside the bag are sealed, and then the glove bag is removed. It is evacuated using the HEPA vacuum in order to collapse it, and then tied so that it can be removed. Material removed by glove bag procedure will then be placed in 6-mil polyethylene bag for disposal. In no instance will a single glove bag be used to remove more than 3 linear feet of asbestos containing material or be moved to another section of piping once it is attached. 3.5 Clean-up Procedure 3.5.1 Remove and containerize all visible accumulations of asbestos containing material and asbestos contaminated debris utilizing rubber dust pans and rubber squeegees to move material around. Do not use metal shovels to pick up or move accumulated waste. Special care shall be taken to minimize damage to floor sheeting. 3.5.2 Remove all containerized waste from the work area and waste container pass-out airlock. 4/11/03 70 ERI Consulting, Inc. -- 3.5.3 Decontaminate all tools and equipment and remove at the appropriate time in the cleaning sequence. 3.5.4 Wet clean all surfaces in the work area using rags, mops and sponges as appropriate. To pick up excess water and gross wet debris, use a wet-dry HEPA vacuum. This will be contaminated and require cleaning -- prior to removal from the work area. 3.5.5 Lock-down and remove the cleaned inner layer of plastic sheeting from walls and floors. 3.5.6 Wait at least 24 hours to allow fibers to settle and HEPA vacuum, wet clean, and lock-down all objects and surfaces in the work area -- again. 3.5.7 Inspect the work area for visible residue. If any accumulation of residue is observed, it will be assumed to be asbestos and the 24 hour settling period/cleaning cycle repeated. 3.5.8 The work area shall be cleaned until there is no visible residue and - no visible indication of asbestos materials left which is required to be removed. A visual inspection will be conducted; if it is satisfactory, air samples will be taken following the notification by the contractor's superintendent that he is ready for the final clearance samples to be taken. The contractor, if he desires, at his expense may have air samples taken and analyzed by PCM prior to notifying the Owner's Representative that he is ready for clearance sampling. In the event that the clearance samples are not satisfactory on the initial sampling, additional cleaning cycles and air sampling shall be provided as necessary at no cost to the building owner until the contract specifications for clearance samples have been met. Windows, doors, RS;AC system vents and all - other openings shall remain sealed, the negative pressure ventilation units shall remain in continuous operation, and decontamination enclosure systems may remain in place as required by the Scope of Work. 3.5.9 Following the satisfactory completion of clearance air monitoring remaining polyethylene, barriers, and decontamination unit may be removed and properly disposed of. A final visual inspection by the --. Owner's Representative shall insure that no contamination remains in the work area. Unsatisfactory conditions may require additional cleaning and air monitoring. (See Section 3.8 Reestablishment of the Work Area). 3.5.10 If specified in the Scope of Work, clearance samples may be taken -- with both layers of plastic sheeting on walls and floors removed. If so, procedures will be similar to those previously stated. ERI Consulting, Inc. 3.6 Clearance Air Monitoring 3.6.1 Following the completion of clean-up operations, the Contractor shall notify the Owner's Representative that the work areas are ready for clearance air monitoring. 3.6.2 The Owner's Representative shall then sample or arrange for another Air Monitoring Professional to sample the air in the work area for airborne fiber concentrations. 3.6.3 Clearance sample analysis methods shall be specified in the Scope of Work. Air samples shall be taken, using collection medium procedures in accordance with NIOSH Standard Analytical Method 7400 or 7402. 3.6.4 Aggressive sampling shall be performed using a leaf blower for initial circulation, and portable fans shall be operated during the sample time. Negative pressure ventilation units shall not be utilized for this purpose, but will remain in operation. 3.6.5 Clearance levels for air samples shall be as specified in Section 1, Scope of Work. 3.6.6 Areas exceeding the clearance levels as specified shall be recleaned, using procedures in Section 3.5, and retested at the contractor's expense until satisfactory levels are obtained. 3.7 Disposal Procedures 3.7.1 As the work progresses, to prevent exceeding available storage capacity on site, sealed and labeled containers of asbestos containing waste shall be removed and transported to the prearranged disposal location. 3.7.2 Disposal must occur at an authorized site in accordance with regulatory requirements of NESHAP and applicable State and Local guidelines and regulations. 3.7.3 All material shall be manifested on a NESHAP State of Texas Hazardous Waste Manifest, or the manifest prescribed by the state where the asbestos waste is generated, in accordance with the above regulations. This manifest shall be signed by the Owner's Representative for the generator and when the transporter has signed, the Owner's Representative will be given the first copy of the form. Ail blanks must be filled in on the manifest. The transporter's information shall be completed. The landfill information shall be complete. Upon completion of delivery to the landfill, it is the contractor's responsibility to return the original copy to the Owner's Representative for inclusion in the final report. 3.7.4 Loading and Transporting -- 4/11/03 72 ERI Consulting, Inc. 3.7.4.1 Once drums, bags and wrapped components have been removed from the work area and labeled with name of owner, location, and contractor, they shall be loaded into an enclosed truck for transportation. 3.7.4.2 When moving containers, utilize hand trucks, carts and proper lifting techniques to avoid back injuries. Trucks with lift gates are helpful for raising drums during truck loading. 3.7.4.3 The enclosed cargo area of the truck shall be free of debris and lined with 6-mil polyethylene sheeting to prevent contamination from leaking or spilled containers. Floor -- sheetings shall be overlapped and taped into place. 3.7.4.4 Drums shall be placed on level surfaces in the cargo area and packed tightly together to prevent shifting and tipping. Large structural components shall be secured to prevent shifting and bags placed on top. Do not throw containers into -- truck cargo area. 3.7.4.5 Personnel loading asbestos containing waste shall be protected _ by disposable clothing including head, body and foot protection and at a minimum, half-facepiece, air-purifying, dual cartridge respirators equipped with HEPA filters. 3.7.4.6 Any debris or residue observed on containers or surfaces outside of the work area resulting from clean-up or disposal -- activities shall be immediately cleaned-up using EEPA filtered vacuum equipment and/or wet methods as appropriate. 3.7.4.7 Large metal dumpsters are sometimes used for asbestos waste disposal. These should have doors or tops that can be closed and locked to prevent vandalism or other disturbance of the -- bagged asbestos debris and wind dispersion of asbestos fibers. Unbagged material shall not be placed in these containers, nor shall then be used for non-asbestos waste. Bags shall be placed, not thrown, into these containers to avoid splitting. 3.7.4.8 If a rental truck is used to haul the material to the disposal - site, a copy of the notification to the owner of the truck shall be furnished the Owner's Representative. 3.7.5 Disposal at the landfill 3.7.5.1 Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading of the asbestos containing waste. 3.7.5.2 Bags, drums and components s~all be inspected as they are off- -- loaded at the disposal site. Material in damaged containers shall be repacked in empty drums or bags as necessary. 4/11/03 73 ERI Consulting, Inc. 3.7.5.3 Waste containers shall be placed on the ground at the disposal site, not pushed or thrown out of trucks. 3.7.5.4 Personnel off-loading containers at the disposal site shall wear protective equipment consisting of disposable head, body and foot protection and, at a minimum, half-facepiece, air- purifying, dual cartridge respirators equipped with HEPA filters. 3.7.5.5 Following the removal of all containerized waste, the truck cargo area shall be decontaminated using HEPA vacuums and/or wet methods to meet the no visible residue criteria. Polyethylene sheeting shall be removed and discarded along with contaminated cleaning materials and protective clothing, in bags or drums at the disposal site. 3.8 Reestablishment of the Work Area and System~ 3.8.1 Upon passing clearance testing in accordance with Scope of Work, the contractor shall dismantle the containment and reestablish the work area. Any damages caused as a result of the contractor's activities shall be repaired as directed by the Owner. The Owner may elect at their option to make their own repairs and withhold the cost for such repairs from the monies due the contractor. 3.8.2 Polyethylene barriers shall be removed from walls and floors at this time, maintaining decontamination enclosure systems and barriers over doors, windows, etc. as required. 3.8.3 The Contractor and Owner shall visually inspect the work area for any remaining visible residue. Evidence of contamination will necessitate additional cleaning requirements in accordance with Section 3.5. 3.8.4 Additional air monitoring shall be performed in accordance with Section 3.6 if additional clean-up is necessary. 3.8.5 Following satisfactory clearance of the work area, remaining polyethylene barriers may be removed and disposed of as asbestos contaminated waste. 3.8.6 At the discretion of the Contractor, mandatory requirements for personal protective equipment may be waived following the re~val of all barriers. 3.8.7 Resecure mounted objects removed from their former positions during area preparation activities. 3.8.8 Replace objects that were removed to temporary locations hack to their original positions. 3.8.9 Reestablish HVAC mechanical and electrical systems in proper working order. If not done in the preparation work, remove contaminated~IVAC 4/11/03 74 ERI Consulting, Inc. system filters and dispose of as asbestos contaminated waste. Decontaminate filter assembly using }{EPA vacuums and wet cleaning techniques. Install new filters in HVAC systems. Dispose of old filters. 3.8.10 The Contractor shall be responsible for all damage that occurred as -- a result of abatement activities in all areas. Part 4 Support Activities and Personnel 4.1 Training 4.1.1 Training shall be provided by the Contractor for all employees or agents who may be required to disturb asbestos containing or asbestos -- contaminated materials for abatement and auxiliary purposes and to all supervisory personnel who may be involved in planning, execution or inspection of abatement projects. 4.1.2 Training shall be provided, by an accredited training program or a state approved training provider from states approved by the EPA. -- 4.1.3 Training is to have occurred within 12 months prior to the initiation of abatement activities. __ 4.1.4 Contractor must document training by providing names and qualifications of trainers or a copy of Certification of Completion of an approved course. 4.2 Medical Monitoring 4.2.1 Medical monitoring in accordance with 29 CFR 1926.1101 OR 40 CFR Part -- 763 must be provided by the Contractor to any employee or agent that may be exposed to asbestos in excess of the action level during any phase of the abatement project. 4.3 Owner's Representative 4.3.1 The Engineer/Project Manager, or such other person the Owner -- designates in writing, shall be the Owner's Representative (competent person). 4.3.2 The Owner's Representative shall be qualified through registration and successful completion of an EPA approved course in "Supervision Procedures and Practices for AsbestosAbatement Projects." He shall be responsible for following at a minimum: submittals. 4.3.3 The Owner's Representative shall have the authority to stop any job activities if they are not being performed in accordance with applicable regulations or guidelines or the requirements of this specification. These will be reported to the Owner with description of activity, reason for stopping it and alternatives for correcting the problem. -- 4.4 Air Snmpling 4/11/03 75 ERI Consulting, Inc. 4.4.1 The Air Sampling Professional for the Owner is the Owner's Representative, or other persons designated by the Owner. They shall conduct all environmental air sampling for the Owner. 4.4.2 The Air Sampling Professional shall conduct air sampling in accordance with the NIOS~ Standard Analytical Method for Asbestos in Air, Method 7400 or other acceptable methods as otherwise agreed upon: 4.4.3 The following schedule will be utilized for air sampling during the project: 4.4.3.1 Pre-abatement sampling - A sufficient number of air samples as determined by the Owner's Representative shall be collected prior to the start of abatement activities in order to determine prevalent airborne concentrations. Samples should be taken both inside and outside of the work area and buildings to establish existing levels under normal activity conditions. 4.4.3.2 Sampling during the abatement - All environmental air sampling conducted during abatement activities shall be done by the owner's representative. 4.4.3.2.1 Personal Samples shall be collected at a sampling rates between 0.5 and 2.5 liters/min. Area samples shall be collected at a sampling rate of 2 to 15 liters/min. 4.4.3.3 Personal air sampling All personal air monitoring and analysis shall be the abatement contractor's responsibility. All personal sampling shall be conducted in accordance with 1926.1101 Part F and other applicable regulations. 4.4.3.4 Post-abatement (clearance) air sampling shall be conducted by the owner's representative Air Sampling Professional following the cleaning phase of work, once the no-visible residue criteria has been met. The Contractor's superintendent must satisfy himself that he is ready for the final clearance samples, and following inspection by both he and the Owner's Representative, samples will be taken. If the analysis does not prove that the abatement activity is complete, then additional samples will be taken for clearance at the contractor's expense. Minimum sample volume shall be 2000 liters for PCM clearance and 2400 liters for TEM A/{ERA clearance. See Scope of Work for clearance criteria. 4.5 Laboratory Services ERI Consulting, Inc. 4.5.1 Laboratory utilized for analyzing air samples by NIOSH 7400 (PCM) shall be satisfactory participants in the NIOSH Proficiency P. nalytical Testing (PAT) program. 4.5.2 Laboratories analyzing by pLM for bulk material identification shall be accredited by the NV-hAP program for NIST. 4.5.3 Laboratories analyzing air samples by TEM clearance shall be accredited for TEM analysis by the NVLAP program of NIST. 4.5.4 The period of time permitted between the collection of air samples and the availability of results shall be less than 24 hours for samples collected during abatement activities. Time tables for results of pre-abatement and clearance air samples shall be established by the Owner's Representative. 4.5.5 Air samples which are taken by or at the direction of the Owner's Representative will be analyzed at the laboratory specified by him. 4.5.6 After January 1, 1993 laboratories located in Texas must be licensed by the Texas Department of Health (see Scope of Work). The specific procedures described in the Scope of Work take precedence over any other part of the Specifications in Section 1.2 through 4.5 inclusive, except that, requirements of the applicable regulations, if more stringent, shall be followed. 4/11/03 77