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HomeMy WebLinkAbout99- Brickley Environmental Inc., Remediation Agreement - Asbestos Removal . . REMEDIA TION AGREEMENT--ASHESTOS REMOVAL Agreement made May 4, 1999, between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana with offices at 411 East Main Street, Bozeman, Montana, referred to as "City" and Brickley Environmental, Inc. of222 E. Park Street, Butte, Montana, referred to as "Contractor." SECTION ONE SCOPE OF WORK 1. This contract will consist of the removal or abatement of all asbestos and asbestos-containing materials (the "Work") specified by the Owner for removal or abatement in the Bozeman Municipal Building, Mechanical Room, 411 East Main Street, Bozeman, Montana. 2. The areas immediately adjacent to the site of the Work will be occupied during the removal process. It is the intent of this contract to ensure the safety of the publ ic at all times, to insure a low profile during the asbestos removal process an to minimize disruption of normal activities at and near the work site. 3. Contractor will follow the guidelines and requirements set forth in the Approach and Criteria attached as Exhibit A. SECTION TWO PERMITS AND NOTIFICATION Contractor will secure in a timely manner all necessary permits in conjunction with asbestos removal, hauling, and disposal. Contractor will provide timely notification of such actions as may be required by Federal, State, regional, and local authorities. SECTION THREE SPECIFICATIONS The Work must comply with all laws, ordinances, rules and regulations of Federal, State, regional and local authorities regarding the handling, removal, storage, transportation, and disposal of asbestos-containing material. Where the requirements of these specifications and referenced documents and the requirements of Exhibit A vary, the most stringent requirement shall apply. Contractor represents and warrants that it is competent, and licensed where necessary, to perform the Work and shall perfoffil the Work in a competent and safe manner so as to minimize or eliminate any health risks to persons performing or affected by the Work. REMEDIATION AGREEMENT--ASDESTOS REMOVAL Page 1 SECTION FOUR INDEMNIFICATION Contractor and its employees waive all elaims against Owner and its officers, employees, agents and representatives as the result of performance of the Work, including but not limited to exposure to asbestos, asbestos-containing materials or other hazardous materials. The Contractor's insurers (including its workers' compensation insurer) will be required to waive subrogation rights against Owner, its officers, employees, agents and representatives. The Contractor agrees to indemnify, defend and hold harmless the Owner, its officers, employees, agents and representatives lfom and against any claims (including, without limitation, claims in the nature of workers' compensation or claims made by carriers of workers' compensation insurance) resulting from the Work or exposure to asbestos, asbestos-containing materials or other hazardous material. SECTION FIVE PROOF OF INSURANCE With the execution ofthis Contract, Contractor and any subcontractor shall provide proof of evidence from an insurance company that Contractor is insured for the f()lIowing endorsements and limits: 1. Comprehensive general liability insurance including deletion of exclusion for hazardous materials/asbestos pollution and escape release, Contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and Contractor's protective liability coverage to afford protection with limits for each occurrence of not less than One Million Dollars ($1,000,000.00) combined single limit and aggregate with respect to bodily injury or death, and property damage. 2. Comprehensive automobile liability insurance, including any owned, non-owned or hired vehicle, with limits f()f each occurrence of not less than One Million Dollars ($1,000,000.00). 3. Employers' liability insurance with limits of Five Hundred Thousand Dollars ($500,000.00) for each accident, and not less than statutory limits for elaims under worker's compensation, disability benefits, occupational sickness or disease and other employee benefit acts. 4. Such other insurance as Owner may require, including but not limited to, insurance coverage for all phases of asbestos removal activities in a form acceptable to Owner. 5. Policies required under this Section 5 shall contain the following words verbatim: "Owner is interested in the maintenance of this insurance and it is agreed that this insurance will not be canceled, materially changed or not renewed without at least thirty (30) days advance written notice to Owner (City of Bozeman), Attention: Janles Goehrung, by Certified Mail, Return Receipt Requested." Upon the execution ofthis Contract and each subsequent insurance renewal, Contractor will produce the actual policy and certificate of insurance naming "Owner" where the Work will be performed as additional insureds per the limits noted above, with respect to all policies except Workers KEMEDIATION AGKEEMENT--ASRESTOS REMOVAL Page 2 Compensation and employers' liability. All insurance policies must be issued by insurers approved by Owner and provide not less than 30 days prior written notice of cancellation to Owner. SECTION SIX ASBESTOS REMOV AL PLAN Prior to Contractor's commencement of the Work, Contractor will submit a copy of the required State of Montana Permit Removal Plan to Owner. SECTION SEVEN DISPOSAL OF MATERIALS Disposal of all asbestos and asbestos-containing materials resulting from the Work performed under this Agreement shall be the responsibility of Contractor and shall be in accordance with all applicable regulations. SECTION EIGHT PROTECTION OF EXISTING WORK TO REMAIN Contractor shall perform all minor demolition work without damage to or contamination of adjacent work. Where such adjacent work is damaged or contaminated, it shall be restored to its original condition at no expense to Owner. SECTION NINE INSPECTION CRITERIA 1. 'rhe State of Montana may perform a site visit to review Contractor's prepared work area. A written notice to proceed from Owner is required prior to the start of asbestos removal. Contractor should allow time for the correction of the cited items in its scheduling. 2. If, at any time, Owner, its agent, or any regulatory official determines that Contractor's practice;; are in violation of pertinent and applicable regulations, or are endangering workers, the public, or the facility, Contractor will immediately stop work and take the required corrective action(s). Any costs resulting from such a stop work order, and any costs involved in restarting the Work, will be borne solely by Contractor and will not be considered as a basis for an increase in the contract amount. 3. With regard to the Work performed under this Contract, the safety of Contractor's employees and the safety of the public is the sole responsibility of Contractor. SECflON TEN REMOV AL OF ASBESTOS DEBRIS To the extent possible, all asbestos and asbestos-containing debris shall be removed from the site during the hours of 12:00 midnight to 7:00 a.m. REMEOIA nON AGREEMENT--ASBESTOS REMOVAL Page 3 SECTION ELEVEN PRICING Contractors fee for all services proceeded by it shall be at the rate of five hundred dollars ($500.00) per day for each employee ofthe Contractor, but in no event shall the total amount ofthe Contract exceed thrce thousand dollars ($3,000.00). IN WITNESS OF WHICH, the parties have executed this contract as of the day and year first above written. CITY OF BOZEMAN BT~--- Clark V. Johnson Its City Manager By: Attest:@d~ Robin Sullivan Clerk of Commission REMEDIATION AGREEMENT--AS8J<:STOS REMOVAL PH~e 4 << ,- MAXINlJ 303 Irene Street Helena, Montana 59601 TECHNOLOGIES INC P.O. Box 4699 Helena, Montana 59604 (406)443-5210 May 3, 1999 Fax: (406)449-3729 Mr. James Goehrung The City of Bozeman P.O. Box 640 Bozeman, Montana 59771 SUBJECT: Revised Proposal for Asbestos Abatement Consulting Services 411 Main Street - Bozeman, Montana 59771 Dear Mr. Goehrung, Maxim Technologies Inc. (Maxim) is pleased to present this revised proposal and estimated budget for clearance air monitoring services following the removal of asbestos-containing thermal system insulation within the basement HV AC mechanical space of your facility located at 411 Main Street in Bozeman, Montana. We understand, per your telephone calls and our conversation with Mr. Bruce Ingraham of Brickley Environmental on March 3, 1999, that you will require only a brief post-abatement visual inspection and clearance air sampling to be conducted folIowing the removal of thermal system insulation within the HV AC mechanical room of your facility. It is also our understanding Brickley Environmental, Inc. of Butte, Montana will perform the abatement work with clearance air monitoring scheduled to take place at 12:00 noon on Wednesday, May 5th, 1999. SCOPE OF SERVICES We anticipate the services to be supplied by Maxim will consist of two (2) tasks: post-abatement visual inspection and clearance air monitoring. Prior to the commencement of field work, it is our the understanding the Abatement Contractor's work plan will be evaluated by the Montana Department of Environmental Quality and the City of Bozeman for State and Federal compliance requirements and overall completeness. Our tasks are discussed in more detail, as follows: TASK A - POST-ABATEMENT VISUAL INSPECTION Inspection services performed in this task will consist of a detailed visual inspection of the designated abatement work area. The abated surfaces will be checked for general cleanliness and visible evidence of any remaining asbestos-containing materials. Any deficiencies in the area will be reported to the Contractor and clearance air monitoring will not be performed until noted deficiencies are corrected. The length of our site visit for this task will vary depending upon the quality of the work in-place and the physical size of the enclosure to be inspected. "Providing Cost-Effective Solutions to Clients Nationwide" ~~:. Mr. James Goehrung May 3, 1999 Page 2 of2 TASK B - CLEARANCE AIR MONITORING AND ANALYSIS Upon successful completion of the post abatement visual inspection, a member of Maxim's industrial hygiene group will collect and analyze five (5) clearance air samples. All samples collected will be analyzed by the NIaSH 582 Method for Phase Contrast Microscopy (pCM) method. Results of the analysis will be verbally conveyed to the contractor following the analysis. Should the work area require retesting due to an initial failing result of the test, the City of Bozeman will be contacted prior to retesting. For the purposes of this proposal we anticipate that the clearance air sample collection and analysis will be performed on site by a Maxim industrial hygiene staff member. A brief report will be prepared summarizing our inspection and the clearance air monitoring results. Personnel from our Helena, Montana office will provide on-site services for the tasks outlined above. Our time frame for completion of these project tasks will rely extensively on the Abatement Contractor's time frame for completing the work. The services described above will be conducted as a time and materials agreement with an estimated fee of $786.00 (Attachment A). If you find this revised proposal acceptable, please sign and return the enclosed Professional Service Agreement. This will serve as our formal notice to proceed with the work. A fully executed original of the agreement will be returned to you for your records. We appreciate the opportunity to present this proposal to you and the City of Bozeman and look fotward to working with you on this project. If you have any questions, need further clarification or would like to discuss any aspect of our intended work plan, please contact me in our Helena, Montana office at (406) 443-5210. Since~ _ /'" /' ~A%W &ffKl";Z~ Jeremiah B. Bowser, P.E. Project Manager Enclosure( s) - Estimated Budget Breakdown ~ Professional Service Agreement ~ Certificate of Insurance .. . ATTACHMENT A ESTIMATED BUDGET BREAKDOWN ASBESTOS ABATEMENT CONSULTING SERVICES THE CITY OF BOZEMAN BOZEMAN, MONTANA UNITS RATE COST LABOR Scientist II, per hour 12 55.00 660.00 Clerical, per hour 2 22.00 44.00 Subtotal Labor $ 704.00 DIRECT COSTS EQUIPMENT: Daily Equipment Rental to include pumps, microscope and Gillibrator 20.00 1 20.00 EXPENSES: Per Diem, per day 27.00 0 0.00 Motel, per day 50.00 0 0.00 Vehicle Mileage 0.31 200 62.00 Total Direct Costs $ 82.00 TOTAL ESTIMATED PROJECT BUDGET $ 786.00 405 248 9282 (J4/2191; J:', ::~f '5'406248 9282 MAXIM -........ HELENA 141002/002 To: MAXIM ~rom: NoE~/GREAVES of Ok1.hom., Inc. 10-8-97 3:27pm p. Z or z 'il': ACORD ....:rt,,,,,.'l)OIVYI ,:! :'11 __~""~~ ,II '0/OBIS7 I!:I ",0llUt:11t THS CEFlTIFICATE 1& ISSUED A6 A MATTEA OF INFORMATION No5L./OREA VES Inoorpor/rted ONLY Alii) CONFERS NO "IQHTS UPON 'tHE CI!I'mI'ICATl'; . HOLDER. 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SAMPLE C;RTIFICATE CIC~IIl"T1d" Wll'C THIIlI"". .....t 1..UItIQ eo.......v WI!,/,. INI>~VD" To "'''Il. FOR BIODING ---.!Q. u"YI WOlITI.. II......,. TD "'''1 e""nFICU. Hgl,e>*tl .."..e.. TO Tl'II U!I'T, F'URPOS~S ONLY ~ I . ~ . , Maxim Project Number: TECHNOLOGIES IN C STANDARD FORM OF AGREEMENT TO ENGAGE THE SERVICES OF MAXIM TECHNOLOGIES, INC. THIS AGREEMENT, entered into on the day of , 19 by ("Client"), and Maxim Technologies, Inc. ("Maxim"), located at: A. The "Project" is described as: --- -----~~------------~----------~-~-------------~~~------------------------~~---------~--~-------- B. Maxim will perform professional services for Client as follows: - C. Client will compensate Maxim for services as follows: This price is valid for thil1y days from date above. Invoices are due upon receipt. A latc payment FINANCE CHARGE will be charged at the periodic rate of 1.5% per month (or the maximum allowed by law) on any balance remaining unpaid 30 days after the date of the invoice. D. Client Contact: ~~,~.,~ ~..~.. .,.,....~"-...,'~ ... MAXIM TECHNOLOGIES, INC. CLIENT: A Delaware corporation By: By: Name: Name: Title: Title: By signing this Agreement, Client assents to the temlS and conditions set forth above and on the reverse side hereof. WHITE-LEGAL YELLOW-FILE PINK-ACCOUNTING GOLDENROD-CLIENT