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ASBESTOS ABATEMENT WORK PLAN FORMER PETTINGILL SCHOOL AT 409 COLLEGE STREET LEWISTON, MAINE BID # 2013-034 Prepared for: City of Lewiston 27 Pine Street Lewiston, Maine 04240 Prepared by: SUMMIT ENVIRONMENTAL CONSULTANTS 640 Main Street Lewiston, Maine 04240 July 31, 2013 Project No. 12-3312.2 ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-2 Asbestos Abatement Work Plan ASBESTOS ABATEMENT WORK PLAN FORMER PETTINGILL SCHOOL 409 COLLEGE STREET LEWISTON, MAINE On behalf of the City of Lewiston (the City), Summit Environmental Consultants (Summit) has prepared this Asbestos Abatement Work Plan (Work Plan) for the removal of Asbestos- Containing Materials (ACM) from the former Pettingill School located at 409 College Street in Lewiston, Maine. 1.0 PROJECT OBJECTIVE AND SCOPE OF WORK The scope and sequence of asbestos abatement to be completed under this contract is presented in this Work Plan (refer to Section 2.0; Sequence of Work). The former school building is not occupied and is scheduled for demolition following completion of abatement/remediation activities. Work shall be performed in accordance with applicable Maine Department of Environmental Protection (MEDEP), U.S. Environmental Protection Agency (USEPA), U.S. Department of Transportation (DOT) and the Occupational Safety and Health Administration (OSHA) regulations. Location and estimated quantities of ACM are included in Table 1 and shown on Figure 1. Laboratory analytical results for suspect ACM sampled are presented in Appendix A. The Contractor is responsible to determine actual quantities of identified ACM for quote preparation and abatement purposes. ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-3 Asbestos Abatement Work Plan TABLE 1 ASBESTOS-CONTAINING BUILDING MATERIALS Location Asbestos-containing Material (ACM) Type Estimated Quantity of ACM Comments Former Pettingill School Northeast coal chutes ACM shingle roofing 100 Square Feet (SF) Classrooms southeast wing, ball storage, kitchen storage ACM floor tile with ACM adhesive 9,000 SF Hallway, upstairs bathroom Non-ACM floor tile with ACM adhesive 3,000 SF Kitchen ACM floor tile with non- ACM adhesive 500 SF Classrooms in southeast wing ACM glue daubs 80 SF Behind green chalkboards Throughout southeast wing ACM pipe insulation 2,400 Linear feet Throughout southeast wing ACM mudded pipe fittings 150 each 2.0 SEQUENCE OF WORK 2.1 GENERAL A. The Contractor shall prepare a sequence of work and asbestos abatement project design for respective work areas. The sequence of work will be subject to review and approval by City. An Asbestos Abatement Project Design Consultant licensed by the MEDEP and representing the Abatement Contractor shall prepare all asbestos abatement project designs. Designs will be subject to review from the City and the MEDEP. B. Summit will pre-notify MEDEP to facilitate a start date of August 20, 2013. The Contractor will be responsible to properly revising and re-notifying the MEDEP and the USEPA of the asbestos abatement and subsequent demolition (by others). Notification fees will have been submitted to the MEDEP by Summit. C. The building is scheduled for demolition following completion of asbestos abatement work. D. The Contractor will be responsible for work area security for the duration of the abatement work. E. The Contractor shall be responsible for providing electricity, water, and sanitary facilities for his/her use during the course of the abatement work. ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-4 Asbestos Abatement Work Plan F. Hazardous and Universal Waste removal is not included in this contract. 2.2 TYPICAL SEQUENCE OF WORK A typical sequence of work will include, but may not be limited to, the following steps: A. Prepare asbestos abatement work areas in accordance with the Contractor's asbestos abatement design (prepared by a MEDEP licensed Asbestos Abatement Design Consultant) and with current State of Maine Asbestos Management Regulations, Chapter 425. B. Perform asbestos abatement work in compliance with all applicable State and Federal laws and regulations. ACM shall be adequately wet during the removal process utilizing amended water. The Contractor shall select abatement methods appropriate for the existing conditions. C. Package ACM waste for disposal by double bagging in 6 mil poly bags or double wrapping in 6-mil poly sheeting. Prior to bagging or wrapping, waste that may puncture disposal bags or wrap shall be enclosed with burlap or other suitable material that will prevent bag failure. D. Transport and properly dispose/recycle removed wastes, residuals, debris, materials and equipment. E. Demobilize from the site including removal of barriers, disposable items and equipment. 3.0 HEALTH AND SAFETY 3.1 GENERAL A. All asbestos abatement work shall be performed in full compliance with applicable State and Federal laws and regulations. Personnel present within the boundaries of the regulated area shall wear respiratory protection and shall be dressed in full body disposable clothing. B. Abatement personnel shall be appropriately trained for the assigned work task in accordance with applicable MEDEP and Federal regulations. 4.0 SCHEDULE A. A Site walk-through will be conducted on August 8, 2013 at 10:00 at 409 College Street. Attendance at this Site walk is mandatory. B. Quotes are due to the City by August 15, 2013 at 2:00 pm. C. The Pre-Construction Meeting and project start date is August 20, 2013. ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-5 Asbestos Abatement Work Plan D. Unless otherwise approved by the City, work associated with this contract (with exception of disposal manifests) shall be completed by September 20, 2013. 5.0 PROJECT MEETINGS A. Project progress meetings will be conducted as deemed necessary by the City and/or the Contractor. 6.0 CLEARANCE/ACCEPTANCE CRITERIA A. Work will be evaluated for completion following the removal of visible residue from the interior and exterior of the buildings. This evaluation will be completed by the Contractor's supervisor, subsequent to completion of successful asbestos abatement clearance inspection, sampling and analysis for the work area. Visual evaluation protocol will include: 1. Entering the work area where the abatement/clean-up/remediation activity was performed. 2. Inspection of the surfaces from which ACM and associated residue was removed. 3. Examination of the permanent features within the work area such as walls, windows, etc., and attempting to determine whether residual materials or visible debris is present. 4. Examination of the decontamination and waste-load out facilities and observe whether residual material or visible debris is present. The waste will be evaluated to determine proper containerization and labeling. B. The Contractor is responsible for providing final asbestos abatement clearance inspection, sampling and analysis for the work area. Clearances will be performed in accordance with MEDEP regulations by an independent, MEDEP licensed Asbestos Project Monitor hired by the Contractor. 7.0 PROJECT DOCUMENTATION A. The Contractor will provide the following documentation to the City representative: Finalized MEDEP Form N (Project Notification) Asbestos Abatement Project Design(s) (signed by a MEDEP licensed Asbestos Abatement Design Consultant) Crew Daily Sign-in Logs Chronological Project Log Asbestos Consultant Independent Business Relationship Disclosure Form Final Inspection and Clearance Documentation Air Sample Analysis Results ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-6 Asbestos Abatement Work Plan Asbestos Disposal & Documentation Form 8.0 CONTRACT ADMINISTRATION 8.1 Measurement and Payment A. This project will be quoted by the Contractor on a lump sum basis. The lump sum quote will include furnishing necessary labor, materials, equipment, disposal costs and permitting, etc. to complete the work. B. The Contractor shall submit one lump sum application for payment for the work associated with this project, minus retainage. Payment shall include full compensation for all required labor, products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. C. The City will withhold retainage of 10% from the pay requisition until final completion receipt of final waste manifests). D. The Contractor shall pay each subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such subcontractor's work, the amount to which said subcontractor is entitled. The Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to its subcontractors in a similar manner E. Prior to release of retainage, the Contractor shall file, with the City, an executed Waiver and Release of Claims stating that bills for all items of labor, material and parts have been paid and no claims exist against the City. F. A final inspection of the work area will be made by the City and the Contractor to determine whether the specified work has been completed. 8.2 Provisions for Extra Work A. All extra work under this Contract shall only be performed under written change orders to the original contract and issued by the City. B. The Contractor shall not start any extra work until the prices for the extra work involved and the amount of extension of contract time, if any, resulting from the extra work have been agreed upon, or compensation has been established, in writing, by the City and the Contractor. C. The City shall have the right, by verbal instructions, to make minor changes in the Scope of Work not involving additional cost and not inconsistent with the purpose of the original Scope of Work. ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-7 Asbestos Abatement Work Plan D. All extra work involving cost or changes in the scope of the Work shall be previously agreed to and as ordered in writing by the City. No claim for a change to the Contract Price shall be valid unless so ordered. 9.0 QUOTING REQUIREMENTS 9.1 Site Investigation A. By submitting a quote, the Contractor acknowledges that he/she has investigated and satisfied themself as to: a) the conditions affecting the work, including but not limited to physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance or required activities. b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from an inspection of the site, including exploratory work done by the City or a designated consultant, as well as information presented in drawings and specifications included with his contract. Any failure by the Contractor to acquaint himself with available information will not relieve him from responsibility for estimating properly the difficultly or cost of successfully performing the work. The City is not responsible for any conclusions or interpretations made by the Contractor on the basis of the information made available by the City. 9.2 Discrepancies and Explanations A. Should a contractor find discrepancies in the plans and/or specifications or should he/she be in doubt as to the meaning or intent of any part thereof, he/she must, no later than August 12, 2013, request clarification from the City. Discrepancies with regard to conflicts between the Contract Documents and applicable Federal, State, or Local regulations or requirements shall be included herein. Failure to require such clarification is a waiver to any claim by the Contractor for expense made necessary by reason of later interpretation of the Contract Documents by the City. B. Explanations desired by a prospective Contractor regarding this Work Plan, drawings or other documents shall be requested in writing email) no later than August 12, 2013. Requests shall include the project name and shall be directed to: Norm Beauparlant, Director and Budget/Purchasing City of Lewiston 27 Pine Street Lewiston, Maine 04240 ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-8 Asbestos Abatement Work Plan Fax: (207) 784-2959 Email: [EMAIL REDACTED] C. Oral explanations or instructions will not be binding. Only written addenda are binding. Any addenda resulting from these requests will be emailed to all listed holders of the Quote Documents no later than one day prior to the quote opening. The Contractor shall acknowledge the receipt of all addenda on the quote proposal form. 9.3 Modification and Withdrawal of Quotes A. Withdrawal or modifications to quotes are effective if written notice thereof is filed prior to time and at the place of quote opening. A notice of withdrawal or modifications to a Quote must be signed by the Contractor or his designated representative. B. No withdrawal or modifications shall be accepted after the time for opening of proposals. 9.4 Quote Security A. A 10% Quote Security in the form of a Bid Bond or a certified check shall be submitted with the Quote. 9.5 Insurance requirements A. The Contractor shall purchase and maintain insurance that will protect him/her from claims that may arise out of the result from his activities under this contract, whether those activities are performed by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. B. The insurance required shall be written for not less than the following, or greater if required by law. 1. Workmen’s Compensation: State Statutory Coverage 2. Comprehensive General Liability (including Premises Operations; Independent Contractor’s protective; Products and Completed Operations; Broad Form Property Damage; Asbestos Abatement; Pollution): Bodily Insurance $1,000,000 each Occurrence $2,000,000 Aggregate Property Damage $1,000,000 each Occurrence $2,000,000 Aggregate ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-9 Asbestos Abatement Work Plan 3. Contractual Liability (Hold Harmless Coverage): Bodily Injury $1,000,000 each Occurrence Property Damage $1,000,000 each Occurrence $2,000,000 Aggregate 4. Comprehensive Automobile Liability (owned, non-owned, and hired): Bodily Insurance $500,000 each Occurrence $1,000,000 Aggregate Property Damage $500,000 each Occurrence C. Certificate of Insurance acceptable to the City shall be furnished to the City prior to commencement of the work. D. If the City permits the Contractor to use any of the City’s equipment, tools, or facilities, such use will be gratuitous and the Contractor shall release the City from any responsibility arising from claims for personal injuries, including death, arising out of the use of such equipment, tools, or facilities irrespective of the condition thereof or any negligence on the part of the City in permitting their use. E. The Certificate of Insurance shall name the City of Lewiston and Summit Environmental Consultants as “additional insured”. F. Performance and Payment Bonds will not be required for this project. 9.6 Licenses and Qualifications A. Contractors must be licensed as required by Construction Firm Law of Maine. B. Contractors must be licensed as required by the State of Maine, Department of Environmental Protection, Solid Waste Bureau, for purpose of removal, encapsulation, enclosure, demolition and maintenance of structures or components as stated in 06-096 Department of Environmental Protection Chapter 425, Asbestos Management regulations. 9.7 Rejection of Quotes A. The City reserves the right to reject quotes for any reason that serves the best interests of the City or this Project. The City also reserves the right to waive any technicality or irregularity in a quote. Failure to submit requested information/documentation may result in automatic disqualification of quote package. ---PAGE BREAK--- Former Pettingill School 409 College Street Page WP-10 Asbestos Abatement Work Plan 9.8 Quoting A. All perspective contractors shall visit the project site prior to preparing quotes. Quantities provided in this Work Plan are for informational purposes only. Actual determination of project quantities for removal and recycling/disposal shall be the responsibility of the Contractor. B. One copy of the quote is due to the City by 2:00 P.M. on August 15, 2013. Quotes will be addressed to the attention of: Norm Beauparlant, Director of Budget/Purchasing City of Lewiston 27 Pine Street Lewiston, Maine 04240 D. Fax copies of the quote will not be accepted. E. Bidders shall submit the following documentation with their bids: Proposed Project Schedule Current MEDEP Asbestos Abatement Contractor License, Asbestos Abatement Designer License and Asbestos Abatement Supervisor license for the proposed project superintendent. 10.0 PRECONSTRUCTION PERIOD 10.1 CONTRACT A. The bidder recommended for award will be noticed by August 16, 2013. A formal Notice of Award will be August 19, 2013 following acceptance by the City of Lewiston Finance Committee. B. The successful contractor will contract directly with the City. 10.2 PRECONSTRUCTION SUBMITTALS A. Submittals including Abatement Contractor training and medical certifications, Certificate of Insurance, disposal facility, testing laboratory, etc., will be submitted for review by the City’s representative at the Pre-Construction Meeting. B. Copies of the asbestos abatement designs, notifications and associated documentation will be submitted to the City’s representative at the time of the Pre-Construction Meeting. ---PAGE BREAK--- Figures ---PAGE BREAK--- ---PAGE BREAK--- Appendices ---PAGE BREAK--- Appendix A LABORATORY ANALYTICAL REPORT ---PAGE BREAK--- Appendix B PROPOSED OWNER-CONTRACTOR AGREEMENT ---PAGE BREAK--- Former Pettingill School 409 College Street Page AS-1 Agreement For Services AGREEMENT FOR SERVICES BETWEEN THE CITY OF LEWISTON AND CONTRACTOR Preamble THIS AGREEMENT (the "Agreement") is made this of by and between The City of Lewiston (the City), with offices at 27 Pine Street, Lewiston, Maine 04240 and offices at ("Contractor"), on the terms and conditions presented in this agreement and in the Contract Documents for the Asbestos Abatement Project, Former Pettingill School at 409 College Street located in Lewiston, Maine, the City hereby engages the Contractor to provide the services set forth in the following Agreement and the Contractor agrees to perform the services for the compensation set forth in this Agreement and also agrees to be bound by the provisions of this Agreement. 1. Scope of Work This Agreement shall cover the Asbestos Abatement Project, Former Pettingill School at 409 College Street in Lewiston, Maine. Contractor represents itself to be experienced and competent to perform, and agrees to perform, the services under this Agreement as set forth in the Contract Documents consisting of Asbestos Abatement Work Plan- Former Pettingill School at 409 College Street- Lewiston, Maine by Summit Environmental Consultants dated July 31, 2013 and the Form and Quote Submittal Package dated The contract schedule shall commence with the Notice of Award dated August 19, 2013. All work shall be completed no later than September 20, 2013. 2. Compensation The work set forth in the Contract Documents will be performed on a lump sum basis in accordance with the Quote Proposal Form submitted by 2:00 p.m. on August 15, 2013. The contract amount of is based on the scope of work specified in the documents referenced in Paragraph 1 above. 3. Termination The City may terminate this Agreement by written notice to Contractor in the event that Contractor fails to commence its services hereunder, or any portion thereof, within the specified time or otherwise fails to comply with any material term of this Agreement or if Contractor becomes insolvent, petitions for protection under any bankruptcy or creditor's laws or if any involuntary petition for such relief is filed by any creditors or Contractor. In the event of termination under this subsection a) no further payment will be made to Contractor until the services provided for hereunder have been completed by a third party (or parties) selected by the City and paid for. If the total amount paid to such third party (or parties) exceeds the maximum compensation stated in the Compensation provision, Contractor agrees to repay the deficiency to the City. If such amount is less than the maximum compensation, the difference ---PAGE BREAK--- Former Pettingill School 409 College Street Page AS-2 Agreement For Services (but not more than the contract amount otherwise earned by Contractor) shall be paid to Contractor. The City may, at any time and without cause, terminate this Agreement on five days written notice to the Contractor. In the event of termination under this subsection Contractor shall be paid for work properly performed to the date of termination and agreed upon reasonable and actual expenses incurred by Contractor as a result of the termination. The City may suspend performance of services hereunder at any time by written notice to Contractor. Any such suspension shall extend the Agreement completion date commensurately. The City shall pay Contractor necessary and reasonable costs incurred by Contractor directly attributable to the suspension in addition to other compensation provided for by this Agreement. 4. Delays/Force Majeure Neither party shall hold the other responsible for damages or delays in performance caused by acts of God, acts and/or omissions of Federal, State, and local governmental authorities and regulatory agencies or other events which are beyond the reasonable control of the other party and which could not have been reasonably foreseen or prevented. 5. Assignments and Subcontracts Contractor shall not assign, subcontract, or otherwise transfer its rights or obligations hereunder without the prior written consent of the City. 6. Compliance with Laws Contractor shall comply with all applicable provisions of federal, state, and local equal employment opportunity laws, rules, and regulations and with all other applicable laws, rules, regulations, and orders including without limitation federal, state, local, occupational safety, and health and environmental requirements. 7. Arbitration All claims, disputes, and other matters in question between the parties to this Agreement, arising out of our relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the then-most current rules of the American Arbitration Association, unless the parties mutually agree otherwise; provided that no such arbitration shall be binding if it would compromise or impinge on any insurer's policy rights to defend or settle any covered claims or suits. 8. Litigation In the event of litigation or arbitration between the two parties to this Agreement, the non- prevailing party shall reimburse all reasonable costs and attorney fees to enforce this Agreement incurred by the prevailing party. ---PAGE BREAK--- Former Pettingill School 409 College Street Page AS-3 Agreement For Services 9. Independent Contractor Status Nothing in this Agreement shall be construed to make Contractor or any of its employees or agents to be City employees, agents, or representatives. Contractor shall be an independent contractor and shall have responsibility for and control over the details and means for performing the services described herein. Contractor shall be subject to the direction of the City only with respect to the Scope of Services and the general results required. 10. Insurance Contractor agrees to maintain at all times during the performance of services described in this Agreement insurance coverage as specified in Section 9.5 of the Asbestos Abatement Work Plan. Certificates of insurance, including the above-mentioned endorsements and waivers, shall be furnished to the City immediately upon execution of this Agreement and prior to Contractor's commencing work. All insurers and policy forms must be satisfactory to the City. The foregoing requirements as to types and limits of insurance coverage to be maintained by Contractor are not intended to and shall not in any manner limit the liabilities and obligations assumed by Contractor under this Agreement. 11. Liability and Indemnity As an independent contractor, Contractor shall respond for its own operations in accordance with the following conditions: Contractor assumes all liability for work to be performed by it and for breach of any of the terms of this Agreement. Contractor agrees to indemnify, hold harmless, and defend the City, and any and all of its and their affiliates, partners, directors, officers, agents, or employees from and against all loss, injury, damage, and legal liability including attorneys' fees and other costs of defense or settlement, arising out of any negligent act, error, or omission of, or the willful misconduct of Contractor, its employees, agents, representatives, subcontractors, or suppliers. Contractor assumes all liability for workers' compensation and employer’s liability coverage for its own employees. Contractor shall be responsible for and shall hold the City harmless from loss of or damage to Contractor's or its subcontractor's construction tools and equipment and rented items which are used or intended for use in performing work and for any consequential special or indirect damages, or loss of anticipated profits sustained by Contractor or its subcontractors, and shall indemnify the City for loss of or damage to property intended to be incorporated into or used in the construction while in Contractor's care, custody, or control. Contractor agrees to protect and hold harmless the City from all costs, expenses or damages arising out of actual or alleged patent infringements by Contractor, except to the extent such claims arise from processes specified by the City. ---PAGE BREAK--- Former Pettingill School 409 College Street Page AS-4 Agreement For Services 12. Ownership of Materials and Documents All materials resulting from Contractor's efforts in connection with this Agreement, including documents, reports, calculations, maps, photographs, computer programs, computer printouts, notes, and any other pertinent data are the exclusive property of the City. Contractor shall retain for a minimum of three years, and shall not thereafter dispose of such materials without prior written notice to the City. Reuse of these materials by Contractor on projects other than with the City and without written permission and/or adaptation by the City for the specific purpose intended shall be at the user's sole risk, without liability on the City's part and the Contractor agrees to indemnify and hold harmless the City from all claims, damages, and expenses, including attorneys ' fees, arising out of such unauthorized use by Contractor. Any reuse or adaptation of this property occurring with or without permission shall entitle the City to compensation in an amount to be agreed upon with the Contractor. 13. Accounting and Auditing Contractor shall prepare and maintain accounting records in support of all amounts billed to the City. Contractor's files and records relating to performance of this Agreement and billing therefore shall be subject to audit at all times during the course of the project and for a period of one year after project completion. 14. Safety Contractor shall place the highest priority on safety and health during the progress of work. Therefore, it shall be the responsibility of Contractor to provide and maintain a safe working environment for its employees during the progress of work and to adequately protect the health and safety of Contractor's agents and subcontractors and their respective employees, the City, oversight personnel, employees, the public and any other third parties. All tools, equipment, facilities, and other items used by Contractor, and practices employed by Contractor in accomplishing the work, as considered being part of the working environment. 15. Governing Law Unless otherwise provided in an Addendum, the law of the Maine will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. 16. Extent of Agreement This Agreement which includes the Contract Documents referenced in Paragraph 1 of this Agreement, represents the entire Contract between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement shall supersede any terms and conditions set forth on the back of any purchase order or other document used by either party in the performance of this Agreement. 17. Survival ---PAGE BREAK--- Former Pettingill School 409 College Street Page AS-5 Agreement For Services All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the City and Contractor shall survive the completion of the services hereunder and the termination of this Agreement. 18. Signatures Unless otherwise specified below, the following signatories are the authorized representatives upon whose decisions and information each party may rely in performance of this Agreement. Any information of notices required or permitted hereunder shall be deemed to have been sufficiently given to either party if given to these signatories or to such parties and/or addresses as they may subsequently designate. This Agreement is effective the day and year first written above. City of Lewiston (Owner) 27 Pine Street Lewiston, Maine 04240 Signed by Title Date (Contractor) Signed by Title Date