HomeMy WebLinkAboutC84-008 Asbesco00
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CONTRACT FOR REMOVAL AND/OR i.
ENCAPSULATION .OF ASBEST0S PRODUCTS �� T'L��rr. INNt��
THIS ACRFEMENT ri,idn this 3L day ()f 1 yR q , by and between #W.*%
ASBE SCO, I NC . , A Co 1 oradn Corporate on, herei naf ter known as "Asbestos Contractor" ,
and Fa n_I (` p1) yj hereinafter known as "Owner" , for the ��
removal - Ondd%or encapsul teen of asbestos products, said work to be performed as more
fully scat forth on Fxhi hi t "A" attached tic-rt-to and incorporated -)y reference herein,
• and to be performed at t` o real_ proijorty or properties as more fully described on
Exhibit "B" attached hore'Lo an:i i nCorporated livrei n by reference.
A proposal and oxerut-:-1 by tho Asbestos Cnntractor, and accepted by
the Ownor by d0t irit, iho acceptance section of the proposal shall -be
,, eonsi derel horvi n as a s:ihsti tilt" and ropl acompnt for Exhi hi t "A".
rO ;TRACT DOCtIMEUTS
The contract docu,;l.-�vlts consist of this agreerient, Exhibits "A" and "D", all
listed attachments where indicated with ,in "X% plans and specifications if any, and
evidence of insi,rance ar,a dorfori�ianc-2 hn,nds(if required). A���r�ndr���nts, Add�n�iums and
Chant o Orders shall also t,- i n-nrl)( ►•ated into tfi i s a ro,�.Yiont if (!xecuted by the
parties hereto, and shall be effe.ctivo tha data of such execution.
ATTACHMENTS
All Attach.at�!its listed holo;1 and indir.atod as applicable by an "X" in the
left col urm arr! a ;tart of ,lnd i ►ar.n:-poratv(] 'iorpi n .
X 1. Dofinitirn%
X ?. rontain.-nont Proa ^trr.l
�l-)rk Area Procedures
X 4. Codas and Reg.ilations
5. F.stahl i shi nd the Contai nrrir!nt Area (s)
G. Removal Procedures
7. Abateriont of rnnta:ain,,t(,d Sni l s
X 9. Testi nd and r,oni tori ng
9. Tools and Ekju i ljri,:*nt
Clean-ui) :end Disposal
X 11. Final Ins;)ecrion and Accodtance
X 12. Submittals
r
MATERIAL, PERFOR14AUCE AND LABOR
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I I The Asbestos Contractor agrees to i}rovide all materials, tools, chemicals,
and labor required by the Contractor to perform the work as set forth on Exhibit. "A"
and described therein, in accordance with the attachments as listed and referenced
herei n .
TIME OF COMMENCEMENT AND COMPLETION
The severaorti^ns ;f thL, work as sot forth shell crn�rmence on or before
the fls (lay of l(Ir' and shell he complete on or before the---d-- working �
day after comm,?nc,:-j!ven t , sir'n jest however to the' following:
(a). Tho sh:,! 1 uiat: rho h:rilding, comi)leto with necessary utilities•
and facilities, avF-i lablo to Ashest:-)s Contractor on or beforo the tnrnr;oncenient date.
Any delay of avai lahi i it,• �,hj,l l (t:.lay thi, comrivnroment (latc- and anY delay exceeding
throe days may, -at th--- opti(ro ofi the 1 s")estos ;:nntrisctor, make the t.nti re contract
void anti of nn fur•th: r of fe ` .
( h 1 . I t i s i,,ioors tone ant; aurpt,,d hi�twe n the pa rt i Ps that i n the event that
the Asbestos Contractor is dolayr-d in porformancii by strikes, la'. or disputes,
lock -nuts, unavoid(ablo casualties or caner causes h.�yond the control of the Asbestos
Contractor, then the time for performance shall b(- extended from (lay to day plus a
reasonable and additional time as niay he req0 red by the Asbestos Contractor to
return materials, tools, and personnel to the work pl acv in the event that the delay
has Pxceeded three working da., s. Wnrkiny days as used herein shall be from 7 A.M.
Monday to 6 P.M. Friday inclusive.
PRE -COMMENCEMENT INSPECTION
The Asbestos Contractor and Owner shall jointly tour and inspect the
building, grounds, and work areas noting tho Pxistancr3, c:onfigiiration, and condition
of all property, eyuipaent, furniture and interiors including condition of ceilings,
walls and floor coverings. Si,ch notations shall he in writing and both parties shall
sign the written notations of the toi,r, thereby ayree i ng to the conditions necessary
for the Owner's re-accoptan.ce of tho project at: tim(! of completion. Any
post -completion i t+err not noted on this document shall ti? at the Owners expense and
shall not he c:ar.rse of (Inlay of payments of any contract prices set forth herein.
C04TROL OF WORKPLACE
It is agreed and understood by thz! parties hereto that asbestos is generally
classified and recognized by persons kno-ii1 dgable as to its' characteristics as a
ha: ardous material. Further, the transport, removal, encapsulation, or installation
of the material requires due caution and adherence to rigid safety and health
procedures. Therefore, the parties agree that access to and control of all areas
where the Asbestos Contractor is to perform trndor this contract and daring that
performance, shall he under the exclusive. jurisdiction and control of the Asbestos
Contractor, excepting th(rrefrcoin only e-mergency situations whpre thA premises are
threatened by fire, flooding, or other si t+iati on re(lui ri ng irimediate action by
�eT s-ins other than the Asbestos Cnntractor to prevent loss of life or property.
The Asbestos Contractor Shall ost.ibl i sh prnc!�dirres and controls Asbestos
Contractor shall dean reasonably n(rcol;sary to control and pravllnt the esr_ap:? of
asbestos materials and to contain those materials within the ark areas and areas
established as removal and transport areas. Those procedurrs are rmoro, sl)ecifically
set forth on Attach►ii:-nt `_. Additional ly,access to those arras shall he a set Arol
forth on Attachment �_-. A Copy of those proc(►dares shall be posted at the normal
and usual entrance into the aroa or ar2ds in which work, will be Performed under this
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'contract. Further, the ow-ler hiireh agr(,Ls to provide a copy of attachments and JRPr--/-
' to any other contractors, security personnel or workers not under the control of ;06
Ashestos Contractor.
Breach of these conditions hi, the owner or any ayent of the Owner or by any
ether pprsnn or organization derforming services for the owner shall be a breach of
this contract, and shall entitle the Ashestns Contractor to irmaodiately cease
optirat i ons wi thrrlrt fri rthnr liaFility for pe. rfor►iance hereunder. The Ash,-�st os
Contractor shall adrlitiniall-y have the oxclusive option to continue performance
hereunder after -;uch hr(,!ach not pxcnt!din throe vio.-king days has hewn corrected. Any
delay occasioned by a brinr4h hereunder exci2edi ng three days, shall gi vP the Asbestos
Contractor tho riysrt to d0c.larrl tt,. c��lt: i rt, contract iri default and thereafter take
such action as nay ho by 1 a-vi ey,, i ty.
STRUCTURES
This contract :1,:t:s not i nc l ,idv the c-recti on or� rc.,m val of any permanent
structural components to huildin�s or locations unless specifically sot forth on
Exhibit "A", and any such r-roction or reii val as riay he rf:cluired by the Asbestos
Contractor in ;performance hereunder shall be the sole and separate responsibility
and at the expense of the Owner. Any delay in such construction or demolition shall
ca-u-se a day by day addition to thy:- time cif performen e by .he Asbestos Contractor
and if exceeding three :iorhing days shall give the Asbestos Contractor the rivht to
declare the entir(! contract in defa,lt.
This soot i on shall not apply to thr- erection and removal of containment
areas, shielding, scaffolding, or anj other temporary structure recluired by Asbestos
Contractor in thr: performance required under this contract.
CONTRACT CHARGES
This contract is fixed both as to prico and as to perforr:rance as set forth
on Exhibit "A" or and l+roposal r,sed in lieu theroof. Additions, di-alPtions or
alterations to the work to he perfori!ied reauPsted b,; thr� 0-rmr!r after exs�cuti on of
this contract sha l I he aci.wipl i shed only by written r.hanyrn. ordr-r for a price
netyoti ated by the part i r-s, rhar,ye ordc-rs shall be considered add:,ndums to this
contract and shall modify both manner and time of performa,►c:ri as well as price
hereunder.
TEMPORARY SITE FACILITIES
The Owner shall provide, at no r-xpr-nse to the Ashestns Contractor, water,
heat, light, electrical power, sanitary facilities, weather protection (where
required), and security services bPtwt- cen the hours of 6 P J1. and 7 A.M. during
vjr_�r'k-days and ?4 hours per day fror►► Friday f P.M. to Monday 7 A.M. Security services
for the containment area during work hours as defined herein shall be the
respcnsibility of Asbestos Contractor.
PAYMENT
Unless othervlisc- spor:ified on Exhibit "A", final ,)ayinent shall he due when
the work described is fully completed and performed in aLcordance with this
contract. Completion shall occrrrr r•,-hen work is complete, final inspection has taken
place and when all submissions as set forth tin Attachment have been made by the
Asbestos Contractor to tho rawner.
Payment in full shall i;m!►ediatvly h•r, du►� and payable thereafter, and any
arn.7unts not paid within t o days shall drag interest at the rani of 1 1/2 % interest
per month on the unpaid balance from the date payment is due.
Progress payments, if any, shall he in accordance with the provisions as set
forth on Exhibit "A".
CONDITION OF WORK AREA, INITIAL AND FINAL
It shall be the sole responsibility of the Omer to provide, prior to the
commencement of the work by the Asbestos Contractor, access to all areas where work
is to be performed, free of known obstructions and hazards, and a continuing
responsibility to inform this n ;hestos Contractor of hazards which coma to the
knowledge of the Ownr-r :luring the performance of this contract.
If the struc taro is to he ro-:Modeled or demol i shed after performance
hereunder by the A;bos; os Contractor,, the Asbestos Contractor shall have no
obligation to rrlst.')ro the Nremi s.-s oth:�r than renioviny temporary structures
associated with contairwi-?nt and h1 a. areas created by the operations of the Asbestos
Contractor. If such hazards cannot he reasonably removed, Asbestos Contractor will
mark and identify the hazards andwarn the Owner of the location and nature of those
hazards.
If the striicttire is to be occtipied or tised after performance hereunder by
the Asbestos Contractor, the Asbestos Contractor shall be responsible for restoring
the premises to the general condition exi stant at start of operations, excepting
therefrom the removal of hazardous product as set forth by this contract.
PERFORMANCE, LABOR, AND MATERIAL BONDS
Prior to commencement of perfnrmance hereunder,
Asbestos Contractor will
provide the
Owner with a copy
of a performance bond issued
by an independent bonding
company, or
in lieu thereof,
a cash bond in an amount of
not less than 1 112 times
the contract
price heroundler.
A general performance bond
shall be satisfactory
substitute
herefor provided
that such general performance
Mond is not limited as to
location of
work performed.
INSURANCE
Owner shall have in full force and effect, insurance for fire, theft,
damage, or other causualty incurred during the course of this contract not a result
of the acts of the Asbestos Contractor or agents thereof.
Asbestos Contractor will provide evidence of insurance valid during the
course of this contract insuring against the acts of the Asbestos Contractor in the
performance hereunder. Said insurance shall include Workmans ` Compensation, Public
Liability, and fire and extended coverage.
Each party hereto shall be considered as an additional insured party to the
insurance coverage of the other during the course of performance hereunder, and if
proceeds of insurance are paid as a result of casualty coverage, such proceeds shall
be allocated in the ratio of loss of each party.
SUB -CONTRACTORS
Asbestos Contractor shall have the right to employ the services of
sun -contractors in the performance hereunder. Any such sub -contractor employed shall
he bound by the same terms and conditions as set forth herein as binding on the
Asbestos Contractor. Asbestos Contractor will not suffer or permit liens on the
property and shall timely pay and discharge all reasonable labor, materials, and
other obligations owed by the Asbestos Contractor to sub -contractors that affect. and
pertain to the work to be performed hereunder.
The Asbestos Contractor shall notify Owner of the names of sub -contractors
proposed to perforri the principal portions of any work hereunder, and shall not
-employ any sub -contractor to whom the Owner has reasonable objection. The Asbestos
Contractor shall not be required to employ any sub -contractor to whom Asbestos
Contractor has reasonable objection.
CORRECTION OF WORK
The Asbestos Contractor shall correct any work that fails to conform to the
requirements of the Contract documents if discovered prior to or during final
inspection. After final inspection and acceptance by the owner, Asbestos Contractor
shall correct only slich items as fail to meet applicable regulations regarding. the
handling, removal, or Pncarlisul ati on of asbestos products. The provisions of this
article apply to work done by sub -contractors as well as direct employees of the
Asbestos Contractor.
ARRITRATIOH
All claims or disputes arising nut of this Contract or the breach thereof
shall be decided by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association then obtaining unless the
parties mutually agree otherwise. Notice of the demand for arbitration shall be
filed in writing with the other party to the Contract and with the American
Arbitration Association and shall be made within a reasonable time after the dispute
has arisen.
The prevailing party in any arbitration had hereunder or subsequent action
by a Court of competent jurisdiction in aid thereof, shall be entitled to award of
costs and reasonable attorneys fees.
INTERPRETATION
This Contract is to he construed and interpreted, where necessary, in
accordance with the lads and regulations of the State of Colorado, and any
liabilities or dariages flowing herefrom shall be determined by reference thereto.
Any provision hereto shall he severable if required for interpretation or
if unenforceable by law, without affecting or altering the remainder hereunder or
the liabilities or benefits herein.
This agreement executed the day and date first above written.
c
ASBESCO, IN'C., A Co do Corporation
Own t!r Ashesto ractor
tit ,� / It e:
DEFINITIONS
The following
list includes those words
or phrases
within the contract to
which this document is
attached which are unique
or common to the asbestos removal,
control, and abatement
industry. The list is not
intended to
be all inclusive nor is
it intended to Exclude
such definitions as may be
reasonably
necessary or proper for
interpretation of the
contract. Any item contained
on this list shall, however, take
precedence for purposes
of definition over any word or
phrase which might be
otherwise defined.
Abatement
The processes or procechirps used to decrease or eliminate the release of fibers
from materials containing asbestos to the surrounding ati-.iosphere or structures. This
definition shall incl-tidti all ;procedures for the encapsulation, containment, removal,,
and disposal of asbestos containintj raterials at or from affected locations.
Airlock
A device, system or structure allowing ingress or egress -to a Containment area
without causing the migration of asbestos outside the containment area. May be
designated as eguipmont or personnel and typically consists of two or more curtained
entries separated by an enclosed transition space.
Air Monitoring
The process of sanipl i ng the air at a location for the presence of airborne
particulate matter, specifically as used herein for the presence of asbestos fibers.
Amended Water _
Water containing one or more surfactants.
Asbestos Contractor The person, company or other legal entity having the right and duty by written
agreement executed by both that entity and the building owner or General Contractor
to contain, removo, encapsulate, abate, and/or dispose of asbestos products. Where
the agreement is executed by a General Contractor, the entity providing asbestos
control services may also be referred as the Asbestos Sub -Contractor or
Sub -Contractor.
Authorized Visitor
Those persons who have been designated in writing by the General Contractor,
Building Owner, or the Asbestos Removal Contractor as having right of access to
areas in which asbestos abatement procedures are in progress.
Building Owner
The owner of record of the property and improvements upon or within which the
asbestos is to be removed. This definition shall include those persons who have been
designated in writing by the owner to act as agents for said owner.
f
'ontai nment
The processes, procedures and techniques of isolating materials or surfaces
containing asbestos contamination for the purpose of preventing the farther spread
of such contamination to ajoining or surrounding areas.
Containment Area
A temporary work location estahlished i,sing suitable procedures and materials to
prevent the migration of asbestos or asbestos contaminated materials to ajacent or
surrounding locations.
Decontamination Area
An enclosed room or area connected to the containment area by one or more airlocks
used to remove asbestos c.onta,:i i rati on frow personnel and equipment prior to movement
to uncontrolled areas.
Disposal
The transportation of Encapsulated asbestos or asbestos contaminated materials from
the work site to a disposal site.
Disposal Site
An established area or location approved, monitored and designated by appropriate
local, state, or fedi-1ral authorities and used for the permanent locating of toxic,
hazardous, or controlled substances.
Encapsulation _
The processes or proced•ires :hereby materials or substances containing asbestos are
impregnated, coated, covered or si+rraunded by other materials or substances designed
and intended to prevent the ascape or migration of asbestos from the material so
treated.
General Contractor
The. person, company or other legal entity having the right and duty by written
agreement executed by both that entity and the building owner to construct new,
improvements or demolish, re -model or modify existing structures on real property.
If the nature of the work to be performed consists exclusively of asbestos related
activities, the Asbestos Contractor may also be referred to as the General
Contractor.
HEPA Equipment
high efficiency particulate absolute vacuum devices containin3 a filter system for
retaining asbestos fihers greater than 0.3 microns at 99.971. reliability.
HEPA Filter
A high cfficir,ncy partici,late absolute device normally attached to HEPA equipment
used to and capable of trapping and retaining asbostoes fibers having a length
greater than 0.3 microns in length at 99.99% rf--�l i abi l i ty.
Negative Pressure System
A device or groupin, of related devices used to maintain an atmospheric pressure
differnntial between a containment area or decontamination area and ambient air such
that the containment area or decontamination area has an atmospheric pressure less
the .inihi ent pressure.
Regulations
The most recently published issues of all written and published directives,
procedures, legislative acts (including revisions and amendments), and other `
established for the purpose of setting minillIUM standards for the LISP,
;:u �t.,;►i, application, removal and stora a of dangerous, hazardous, toxic (Ir
controlled substances. As used herein, the definition shall include, at a 111inimu�I
the following: ,
A. Title 29, CFR Svc tions N10.10ol (Asbestos), 1910.134 (Respiratory
Protection), and 1910.145 (Signaye) .
R. Title 40 UR, Part 61, Sljhparts A and R (Plational Ermnission Standards for
Haza r;lous Air Pollutants.)
C. ANSI Z.9.2-71 Fundamentals of Local Exhaust Ventilation Systems
0. Applicabl stat :And local codes and ordinances as applied to asbestos.
Removal
The processes, procedures and methods for relocating asbestos from surfaces,
materials and areas to encapsulation devices.
Sub -Contractor
The person, cotiipany or ether legal entity having the right and duty by written
agreement executed by both that entity and the Asbestos contractor to provide
asbestos control services.
Surfactant --
An additive chef-iical at,ent used to increase the wetting and ;penetrant ability of a
fluid.
Worker Protective System
The articles of clothin;, yari',Pnts and protective .devices used to prevent a person
present in a containment or decontamination area from being directly exposed to
asbestos fibers, either by bodj contact or bj inhalin�-j or ingesting such fibers. A
comp ete system would consist, at a Pi niinum, of disposable outer garinents,
protective foot coverinjs, disposable gloves, head covering, and a respirator
covering both nose and mouth. Any person actively engaged in abatement would also
require eye protection.
CONTAINMENT AREA CONTROL
No building owner, General Contractor, Sub -contractor,
authorized visitor or any other person shall enter or attempt to enter
a containment or de -contamination area, unless, prior to such entry,
that person has the written permission of the Asbestos Contractor or
does so under a general authorization provided for under contractual
agreement between the building owner, General Contractor, or
Sub -Contractor, any person violating this provision sha11 be
immediately subject to bring detained for action by law enforcement
authorities or ejected from the premises. Regardless of prior
permission, such entry shall be only during hours and under such other
conditions as estahlished by the contract of which this is a part.
Thi s sec t i on sha 11 net: app I y to personnel entr1ri ny the con to i n-ment or
de -contamination area for emergency pruposes sutk. as th% 0t*VrettJb!ft 0it
theft, fire or damage to the premises with the implied authority to so
enter.
All persons entering areas 'designated a% containment or
de -contamination areas, except as set forth above for emergency
purposes, shall he :.!cli.,ipptd with grid using a worker protective system,
shall enter and exit only through designated air locks, and shall upon
exit from the area, use available abatement equipment, facilities and
procedures to prevent the migration of asbestos fibers from the
containment• or de -contamination areas. Further, upon exit, all
disposable articles of outer clothing includiny respirator filters
shall be placed in desiynatc�d containers. No article of clothing, item
of equipment, sample or any other moveable object shall be removed
from the containment or de -contamination area unless it shall have
fi rst hPen de-contami nated or vori fied by the Asbestos Contractor or
authorized agent as hei nU free of asbestos contamination.
When attached to the contract (if which this is a mart, the
document entitled " Work Area Procedures" sha11 Stipp 1ement and be an
addition to this section.
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CODES,REGULATIONS, ORDINANCES
The following codes, regulations and ordinances are applicable to
performance under the contract to which this is attached. The following list is not
all inclusive, and additional regulations may apply in the local jurisdiction in
which the work is to be performed.
1. Title 29, CFR, Section 1910.1001 (Asbestos)
2. Title 29, CFR, Section 1910.134 (Respiratory Protection)
3. Title 29, CFR, Section 11)l().1^5 (Signa e)
4. Title 439 CFi?, Part 61 , S-,h-;,arts A and 13 (National Emission Standards for
Hazardous Air Poll,itants)
5. ANSI Z.9.2. (1971) Fundamentals of Local Exhaust Ventilation Systems.
6. EPA Publication 560/5-83-002 (Guidance for Controlling Friable
Asbestos-ContaininU Materials in Buildings)
7. ANSI Z-30.2.-80 Respirator Control Procedures
8.- EPA,OSHA, NIOSH reguldtions and procedures as they apply to control,
removal, and disposal of hazardous rnaterials.
. .. . . . . V lqh%�
ESTABLISHING THE CONTAINMENT AREA
The following procedures are intended to be the general procedures for
establishing and maintaining the containment area. They are not all-inclusive and
additional procedures may be required on the specific project to which this
attachment pertains. In all cases where additional precautions are required, the
more stringent procedures shall in all cases apply.
1. Prior to commencing work, the area or areas to be established as containment
areas shall be isolated and completely sealed off from surrounding areas. Doors
wh.i ch will not be regt, i red in the course of abatement shall he sealed in such a
manner that they will be available only for emergency purposes. All air conditioning
openings shall he covorod with a non -permeable covering and taped. All utility
outlets which might por►i0 t the mi �rati on of air will he temporarily sealed. All
other openings such as corridors, doorways, skylights, ducts, grills, diffusers and
any other penetrations shall also be sealed temporarily to establish the containment
ar(2a.- - _
2. Movable objects shall be either removed from the area after determining they
are not asbestos contaminated or covered with non -permeable coverings and taped.
Non -movable objects which will remain in the area after final clean -tip shall be
covered or otherwise protected to prevent asbestos contamination from the abatement
procedures.
3.. The containment area shall he cleaned using HEPA vacuum equipment or
suitable wet cleanin( methods. No procedure shall he used for this pre -cleaning
which will raise dust which might migrate outside the containment area. All
equipment used for this process shall be equipped with suitable HEPA filters.
4. Flour and wall surfaces shall then be covered with a non -permeable covering
such as 6 mil plastic sheeting. The floor covering shall extend at least 12 inches
up the walls and wd-1'l coverings shall extend _to the floor level. All lap joints
shall be sealed or taped to prevent migration of contaminants behind the
non -permeable barriers.
5. Airlocks and passages for equipment and r�aterials are then to be
established. In all cases, access betwpon contaminated and non-contarni nated rooms
shall he through an air -lock and access -between roans within the containment area
shall be through a three curtained door -way.
6. If separate areas of the building are to remain occudied or otherwise in
use, they must be separated from the containment area by both air -tight barriers and
by vandal barriers where necessary to prevent breach of the containment area.
7. All barriers and non -permeable coverings are to be periodically inspected
for breach or dalidge. Upon discovery of such damaye or breach, it shall be
i<Wiediately repaired and all exposed surfaces are to be considered as contaminated
until monitored or cleaned using suitable procedures.
Once established. the conttr i ru re nt a r-'�a is to he maintained at negative air,
d►Jrinl all tirios that personnel are present or work is underway in the
area. There shall be no regijirowiont to maintain negative air pressure during
non -work periods, provided that adt>,lc,ate security is used to prevent non -authorized
persons from. entering the contai nr:rr!nt area and no activity is underway which might
cause migration of asbestos fibers.
ASBESTOS REMOVAL PROCEDURES
The following procedures are to he considered as the minimum required
procedures for control, removal and containment of asbestos contaminated surfaces,
materials and objects. These procedures are not intended to be all-inclusive and
additional procedures may be required clue to the nature. of the work to be performed.
In all cases, where these procedures are modified, the more stringent procedure
shall control. Modifications of these procedures shall be the exclusive right of the
Asbestos Contractor and shall be done in accordance with existing EPA, OSHA, and
NIOSH rules, regulations and advisories relating to the abatement and control of
hazardous materials. Authorization for stich mortification from any other person shall
not be effective finless reasonably aecessary for the irunediate protection of persons
or property from ir►mi ni-!nt risk of hodi ly injury or destruction.
1. All b1:lk roilioval of asbestos containing materials shall be done by
iamedi ately pl aci ny st,ch object-., in non-permaeable containers having suitable
strenght to prevent penetration by objects placed within them. All such containers
shall be suitably ;narked or labeled as containing asbestos products.
2. All surfaces from which asbestos has been removed or surfaces which may be
contaminated with asbestos shall either be wet wipes with amended water or where
appropriate, vacuumed with HEPA vacuum equipment. All wiping materials, disposable
cloths, mop heads, etc. used in the cleaning process shall be stored in a
non -permeable container suitably inarked.
3. All waste. water created -from wet wiping and wet stripping and all shower
water waste shall be considered contaminated. No such water shall be disposed of
until it has been filtered or placed in suitable containers for disposal at approved
sites. -
4. 13ef(ire commPnci ri j the removal of asbestos materials, the surfaces shall be
sprayed with amended water using airless spray eyuipiijont or compressed air at low
pressure capable of providing a "mist" application to prevent airborne migration of
asbestos fibers. The work surface Should he kept continuously wet during the work
process to minimizo fi,-)er dispersion.
5. . Untreated surfaces of asbestos ,ndterial left in place shall be encapusulated
in a non -permeable material or shall be enclosed behind permanent air tight
barriers. Such surfdCPS shall I)e marked and labeled as containing asbestos products.
6. When an asbestos waste container has been filled, it shall be sealed and
checked for proper iiiarkings. The outer surfaces shall be wet sponge cleaned and
immediately removed to the decontaiiiinaiton and disposal area. Where appropriate,
waste containers shall be evacuated before final sealing using HEPA equipment so
that the interior of the container is at negative pressure after final sealing.
7. After all asbestos material has been removed and bagged or sealed
Identified, the containment area will be HEPA vacuumed and wet wiped. After
containers have been removed, the room shall be completed cleaned and/or wet
and an air sample taken in accordance with test in /moni-toring
found to be free of asbestos contaminants, the room will be sealed ano d marked sasIa
non -access area until all areas within the containment area are free of asbestos
contamination.
ABATE14ENT OF CONTAMINATED -SOILS
Abatement of asbestos contaminants within soil generally consists of three
procedures; (a) excavation of the immediate surface of the soil , (b) vacuuming of
the soil surface when contamination is only on the surface, and (c) solidification
of the soil surface to prevent migration of asbestos fibers.
The following procedures are to be used when abatement work is to proceed
where asbestos products have contaminated soil material. The procedures as outlined
are alternative and completion of each procedure is not always required. The choice
of procedures shall be the exclt+sive decision of the Asbestos Contractor, and any
work performed shall be in addition to the normal procedures set forth in the
contract to which this is attached. Unless specifically set forth on the description
of work to be performed or unless specifically set forth on the bid proposal, the
cost of soil abatew:� nt shall be doterviined by separate bid and acceptance. Such
acceptance shall constitute a adden-lum or change order to the base contract and
shall increase the ov;,rall price C-iccordingly•
1• Excavation of soil surfaces is to be used when pre -work inspection and soil
sampling indicates that contamination extends to a depth which would make vacuuming
ineffective. No excavation shall take place unless sufficient wetting of the soil
has taken place to minimize migration of asbestos fihers• Generally, the wetting
procedures shall follow those used in the earth moving trade for air pollution
abatement, but in no case shall excavation procedures continue where soil moisture
is less than 8% by weight. Further, amended water "misting" shall be used in the
immediate vicinity of the excavation activities at all times that soil is being
removed and prepared for disposal, _
Depth of soil removal shall be pre -determined by inspection and sampling. In
the event that progress insj,ections and ongoiny samplingl indicates that additional
depths of excavation are required, the contract price shall be increased in direct
relationship to volume reviovad.
Soil removed for disposal shall riot he transported beyond the iminedi ate
vicinity of the excavation unless the contaminated soil is first placed in sealed
containers, suitably ,narked and the outer surfaces de -contaminated before transport.
If permitted by current EPA, HIOSH, and DOT regulations, the soil may be transported
in bulk containers, but in no case shall the contaminated soil be transported in
open containers.
2. Vacuuming of soil to remove contaminated surface soil may be utilized where
appropriate. Vacuum equipment must be HEPA filtered and all filters shall be
disposed of after use in accordance with normal procedures for such disposal . Depth
of removal shall be determined by norriial sampling procedures, and in the event that
rerioval exceeds 1 inch, the removal shall thereafter he deemed as excavation and the
contract price adjusted accordingly. Soil removed shall be contained for disposal in
accordance with normal procedured for disposal of contaminated waste materials.
J. 14here excavation or vacuuming is deemed in -appropriate, soil shall he
stfbjo�ted to a combined surface solidification and stabilization procedure. That
procedure shall be similar to concrete surfacing except that amended water "misting"
shall be used in addition to concrete procedures while work is in progress. Surface
coating procedures such as "asj)ha 1 t ;javi ny shall generally not be appropriate
i.inless the surface is unlikely to tip subjected to loads which might reasonal ly break
1-,)1 coatinj
•
4. Regardless of the Soil abatemont procedure used, no asbestos contaminated
'material shall remain in the area of operations which might reasonably cause
subsequent release into the atmosphere of asbestos particles in excess of EPA
guidelines.
5. At completion of soil abatements operations, the site shall be final sampled
to assure compliance with such EPA guidelines.
• AIR AND SURFACE TESTING A?1D MONITORING
A. AIR SAMPLING
Air sai:rpliny shall he divided into three phases and shall be further divided
into three area sampling requirements. The three phases are:
(a) Initial Pre -Contract Conditions,
(h) Progress Sampling,
and (c,) Final Inspection Sa;igdinq.
The three sampl i n, regij i r,--:::E?n is are:
(i) outsi(to the ;'oftair+!ii-nt ark=a,
(i i) mtside tht� 'bui ldin(j,
and (iii) inside the containment area.
All sampling except as otherwise noted shall be determined by a minimum
sample size of 960 liters (8 hour TWA) at sea level adjusted to the standard
pressure altitude of the work site. Daily samples will be taken while work is in
I)rotjress in accordance with ai•pl i cabl e regirl ati ons including but not 1 iriii ted to OSHA
requi r'e u:nts for cei l-'i n; concentration (Pi,rsonnel) and 8 hour tllile weighted avipraye
for work area exposure level.
Air sampling shall also accoilidl i shed while abatement work is in progress
by attaching a sampling device to ion..• or more workers. 'lot less than one sample
_shall be taken :)f liters lx�r cc for ime hour.
A.(]) Initial Pre -Contract Conditions
A si ngl i� air saopl a shall he taken by the Asbestos Contractor before
comnienciny work (a) outside the building or buildings, (b) inside each building but
outside the work ar+!a , and (c) at the work arf�a . These samples shall be Asbestos
Contractors samples for historical and comparison purposes and shall not be part of
final inspection requirements.
A. (?.) Progress "'Sampling
Progress sampling shall be as folio;ys:
( i ) outside the containment area- on(, sample daily (tlinimuil)
(ii) within the containinimt area- as required by the Asbestos Contractor
(i i i) worker sampling- as regiii red by current OSHA ream remen is and by t.h6-
(Contractor.
A.D) Final Inspection Sampliny
Final inspection sam pl inU shall be suhmitted as a part of the over-all final
inspection of the job, dnd shall cansi st of:
(i) an arih i ent air sam,A o, taken outside each f,f fected building,
• (ii} a sample taken within the containment area,
and (iii) a sample taken within the bijilding bait outside the containment area.
Work shall he deemed complete when the final inspection saripling indicates
that interior sa•nple results are equal to or less than exterior sample results and
the avt-ra qe of the last throe conseci,tive air tests yield a res-ilt of equal to or
less than 0.02 asbestos fibers per cubic centimeter of air sarilil ed .
TOOLS AND EQUIPMENT
The following is a partial list of the tools and e(jl.ii pment required for
performance under the contract to which this docii!-nent is attached. It is not
intended to be all-inclusive and additional tools may be required. Where minimum
requirements are set forth for specific tools and equipment, those requirements
shall be Mandatory both for the listed equipment as well as any dlternative or
substitute equipment which may be used in ;performance of the contract.
All ;power ok-uiprient shall rieet th►? at),)licable standards set by MISI, 1119
ASTH, or MIS. speci ficatirins and shall be kept in doors rr.,pai r and in operating
condition.
Certain tools a.id
►,4ui jjm(!nt to `.)e i,sed in performance of the
contract are of
special
desi n and porfor;;iance
an;i arc, props-letary to
the Asbestos
+ ontractor. The
Asbestos
Contra::tnr rii l l
certify th,it thoso items
of equilment
rnvv,pt or exceed
ap,pl i cabl
a standards for
i tes1ts porformi nU tha saiiie
function, but
shall not be
required
to revOal the oxact
perfr,ri-;;incP or methods r)f
operation of
those items.
1. hand tools including cleaning equipment.
2. Airless or low pressure liquid power operated spray oqui pl:i►ant .
3. Scaffolriin;;
4. Commiji-i_ical[ion Ez(Iuii}i:gent suitable for efficient inter -room conwiunications.
5. Envi ronri�ntal Control Equi pi,ient, i ncl iadi ny but not limited to exhaust
vefit i 1 at i on and dust collection, used for reduction or elimination of airborne
asbestos fibers. Such egllipr,l-,nt shall be HEPA niinirium designed, constructers,
installed and r-wintained in accordance with A►,SI 7.0?-2-1971 as aiiiended. Area exhaust
units shall be utilized and vented to discharge outside the building and provide
negative pressure in the contai twient area for the duration of the work to be
performed. The ;filtered; ne ative air system shall provide pressure differential
frow int lke side of the prim jry filter to the exhaust side of the HEPA filter. The
filter system shall be capable of reinaving 99.99% of all airborne asbestos fibers
greater than 5 microns in size as tested at 0.02 cubic centimeters of air at the
outlet filter.
6. Personnel respiratory protection equipment mr--eti ng the standards of 29CFR
1910.1001. All such equ i;nilent shall have replaceable and disposable filter systems
capable of accepting both particulate and chemical abatement filters unless the
equipment is generally knoin as "supplied air" deriving its atmosphere either from
connected external sources or from "bottled" air.
7. Personnel eye and hears protection devices where the work environiner,t
reasonably requires such protection.
8. Protective fall hody clothing consisting at a minimu111 of full body
coveralls, h ,adgear, and foor covori ngs. Such equipment may consist of both
disposable and non-disdosahlV drtirles.
CLEAN UP AND DISPOSAL
A. Clean-up
Visible accumulations cif asbestos material and debris shall not be preinitted
during the removal operations. All contaminated materials shall be placed in
suitable contain;irent devices and when those devices are filled, they shall be
sealed, the outer surfaces de -contaminated, and removed to the de -contamination area
for placement in disposal containers.
Disposal containers shall riot he permitted to accinmul ate in the
de -contamination area. As such contain,-!rs are generated, they shall be sealed, the
outer surfaces dry-conta.1rinated and marked in accordance with existing regulations,
and they shall 5o r:vlovod to ti-mi)nrary stora.je pending transport to permanent
disposal sites.
After all mows drid-;ir:=as within the containment area have been
de -contaminated and all visible asbestos either removed or encapsulated, the floor
and Mall coverin►js shall he removed. Cnverinus on doors, windows, vents, etc, shall
fto
not he removed at this time.
All surfaces within the contain:=rant area shall then he cleaned with water
and ' HEPA vacuur.i equipment as appropriate. A detailed visual inspection shall be
performed by the Asbestos Contractor for the presence of visible asbestos products
or materials. If asbestos is found to be present, it will be removed or encapsulated
and the area a; ain cleaned and inspocted. If no visiblif, ashestos contamination is
found, thr area will be air monitored and sampled for asbestos fibers. A sampling
test yielding a result yreatpr than 0.02. fibers per crjhi c centimeter of air shall
cause the entire containrrioat area to he wet cleaned again and such sucessive
cleanings shall continue until air sample res0ts yield an asbestos fiber count of
equal to or less than 0.02 fi bors per cubic centimeter of air sampl ed .
When both visual inspocti nn and containment area air sampl ps indicate the
containment area is free of asbestos fibers, the "final" containment area and
outside "ambient" air sawples shall be taken and compared. When those tests are in
accordance with air saripl i ng and monitor standards set forth elsewhere, the removal,
containment and encapsulation portions of the contract shall be deemed complete.
Removal of temporary barriers, containment area structures, equipment, and all
rer:iai ni ny barriers between the containment area and other areas within the building
or buildings shd 11 proceed. All such materials reillived shall either be wet
de -contaminated or disposod of as contaminated waste. Any residual dust or debris
shall also be disposed of as contaminated waste.
B. Disposal
tlo contai!rinated waste shall he rei,ioved from the containment area unless and
until it has been placed in iirr,aerr,reable containers, suitably marked and the outer
surf aces de -contaminated.
All iriiperi-r�-�ahle containers shall, in tarn, he ;placed in :,iochanical disposal
devices (ie. metal drums) sealed, and the Outer surfaces rip -contaminated and
suitably marked. As sufficient n=wrbers of such disposal containers accur,rul ate for
efficient trans;)nrt, they shall he removed and transported to an EPA approved
disposal site. This contiii ners shill i he hoth air and water -tight and during transport
shall not he unreasonably exi)oserl to risk of dairayv, theft or vandal i svi.
An asbestos disposal forte previously approved by the Asbestos Contractor
r—
shall, be completed by both the transporter and the disposal site operator for each
..delivery of disposal devices to the site.
r FINAL INSPECTION AND ACCEPTANCE
A: Final Inspection
Prior to requesting a final inspection tour, the Asbestos Contractor will
(a). re-establish all moveable objects to their original positions as noted
on the pre-comrie.nce'11 ont tour,
( b) , remove and d i spose of 11VAC fi 1 ters as contami hated waste ,
(c) . react i vav, hiri l di ny utility systems as directed by this 0,"iner and as
requirt�d by the tour,
(d). cori,)lott, ,+icy other r,;,�(itions contain(-d on the pre -commencement tour
document .
They Ashest(+s r(,rItractor and Owner will then jointly tour the building,
grounds and work area, noting any items contained on the pre-colmilencealent tour
ream rod boforo ri•—acceptance by the owner. Only i tem:is contained on the
pre-coinnencement toter are required to br, completed by Asbestos tContractor before the
final physical inspection shall he doomed corr;)lete.
B: ACCEPTANCE
When the final physical inspection is complete and the Asbestos Contractor
has made, all subni ttal s cnntai ned on the document entitled "Suhrii ttal s Attachment", _
the Owner shall have 48 hours to object in writing to .any item the Oomer reasonably
believes does not conform to the contract or performance thereunder. Failure to
provide such ;bitten notice shall constitute waiver of any such discrepancies and
acceptance of the projoct and contract performance.
SUBMITTALS
The following list shall constitute all docwnents required to be submitted
by Asbestos Contractor to Owner pursuant to the contract to which this is attached.
Exact photocopies of those documents shall bo deemed as compliance.
1. Federal (EPA), State and local permits (where applicable) .
2. Landfill Operi:tars Permit
3. Disposal Curti f j -_;;tt.
4. F.iiploYOe arli S:;h-Contractars 'Zolease for.-;-),
5. Area and s�. ;•�;:,: �l ".i r ",�� .�.1 i rty S'.es;;l is
G. Ins.ijrejnCt
7. Final Inspoc:tion doc.ri:n'-
EXHIBIT A
Proposal p
Proposal No. 2 19 6
' FROM ASBESCO INC. RE�E
1
Sheet No.1759
VAN BUEN WAY
AURORA COLO. 80011 Q�i� 119a4
Date Sept. 28, 193
PHONE: 361-6667
�ZZ-p/GG
Proposal Submitted To
Work To Be Performed At
Nam Eagle County Govt.Street
550 Broadway
Street 550 Broadway
City Eagle State Co.
Date of Plans
City Eagle
Architect
State Colorado
Telephone Number 1-328-7311
We hereby propose to furnish all the materials and perform all the labor necessary for the completion of
Remove and dispose of asbestos from pipes and joints as specified,
All work to be done in compliance with E.P.A., O.S.H.A, and Colorado
clean air regulations. All work to be done by qualified persons with
Asbesco, Inc. All lab reports and analysis to be done by Hager La>ora oric
Inc. All monitoring to be done by independent monitoring company.
A copy of these reports will be given to the above named agencies,
along with a copy to the owner and contractor.
1aa+ shall be furnished by owner.
and. el-oGtriGity
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings
and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
Two Thousand Six Hundred and no/100---------------------Dollarsl$2,600.00 I.
with payments to be made as follows:
Net 15 days u on com letion
omp a ion eing when ab repots are delivered.
Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public
Liability Insurance on above work to be taken out by Asbesco, Inc.
Respectfully submitted Asbesco, Inc.
/
Pbr
Note — This proposal may be withdrawn by us if not accepted within 30 days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
Accepted Signature
Date ___— Signature
TOPS FORM 5450
LITHO IN U. S. A.
