STC...STC Environmental Services, Inc. 4 SECTION 00020 - INSTRUCTIONS TO BIDDERS 00020.1 Scope of...

STC Environmental Services Inc.

Geologists and Environmental Scientists

4754 RESEARCH DRIVE SAN ANTONIO, TEXAS 78240 Office (210) 696-6286 / FAX (210) 696-8761 Email: [email protected]

SPECIFICATIONS FOR CONTRACTOR QUALIFICATIONS

ASBESTOS ABATEMENT

AND MOLD REMEDIATION ACTIVITIES

INDEFINITE QUANTITY (IDQ) CONTRACT FOR

NORTHSIDE INDEPENDENT SCHOOL DISTRICT (NISD)

SAN ANTONIO, TEXAS 78238

RFP #2019-094

SPECIFICATIONS PREPARED FOR:

MR. LEROY SAN MIGUEL

NORTHSIDE INDEPENDENT SCHOOL DISTRICT

5900 EVERS ROAD

SAN ANTONIO, TEXAS 78238

SPECIFICATIONS PREPARED BY:

STC ENVIRONMENTAL SERVICES, INC.

STC PROJECT NO. 19134

ASBESTOS CONSULTANT AGENCY CRAIG G. TRIBLEY, P.G.

(SDH LICENSE 10-0072) ASBESTOS CONSULTANT

EXPIRATION 03/16/2020 DSHS LICENSE 10-5701

ASBESTOS LABORATORY (PCM) EXPIRATION 01/22/2021

DSHS LICENSE 30-0132

EXPIRATION 12/27/2019

MOLD ASSESSMENT COMPANY CRAIG G. TRIBLEY, P.G.

ACO 0160 MOLD ASESSMENT

EXPIRATION 03/08/2021 CONSULTANT

MAC 1104 EXP 03/16/2021

DATE OF ISSUE

April 1, 2019

STC Environmental Services, Inc.

TABLE OF CONTENTS

PROPOSAL AND CONTRACT CONDITIONS .....................................................................1

SECTION 00010 - INVITATION TO BIDDERS .................................................................. 1

SECTION 00020 - INSTRUCTIONS TO BIDDERS ............................................................ 4 SECTION 00030 – DOCUMENTS REQUIRED FOR SUBMITTAL .................................. 7

PROPOSAL SUBMITTAL COVER PAGE ................................................................. 7 CONTRACTOR QUALIFICATIONS .......................................................................... 9 ADDENDA ACKNOWLEDGEMENT FORM .......................................................... 12

FELONY CONVICTION NOTIFICATION ............................................................... 13

HOLD HARMLESS AGREEMENT ........................................................................... 14 INSURANCE AND BONDING CERTIFICATION................................................... 15

CONFLICT OF INTEREST QUESTIONNAIRE ....................................................... 16

FORM 1295 (CERTRIFICATE OF INTERESTED PARTIES)……………………. 17

VENDOR CERTIFICATON FORMS ……………………………………………… 18

SCHOOL PROJECT REFERENCES .......................................................................... 24 OTHER PROJECT REFERENCE FORM .................................................................. 25

SECTION 00040 -GENERAL CONDITIONS OF THE CONTRACT ............................... 26

TECHNICAL SPECIFICATIONS ................................................................................................. 35

SECTION 01010 - SUMMARY OF WORK – ASBESTOS ABATEMENT/MOLD

REMEDIATION ................................................................................................................... 35

SECTION 01020 - CODES, REGULATIONS, STANDARDS .......................................... 37

AND NOTIFICATIONS – ASBESTOS ABATEMENT/MOLD REMEDIATION ........... 37 SECTION 01030 - PERSONNEL AND RESPIRATORY PROTECTION ........................ 42

SECTION 01040 - AIR MONITORING AND LABORATY TEST SERVICES ............... 47

SITE WORK ..............................................................................................................................49

SECTION 02010 - REMOVAL OF FRIABLE ASBESTOS MATERIALS ....................... 49 CAUTION..................................................................................................... 51

SECTION 02020 - DISPOSAL OF ASBESTOS WASTE MATERIAL ............................. 57 SECTION 02030 - REMOVAL OF NON-FRIABLE ASBESTOS CONTAINING

MATERIALS ........................................................................................................................ 59 SECTION 02040 – REQUIRED SUBMITTALS AFTER COMPLETION OF EACH

ABATEMENT PROJECT .................................................................................................... 63

ADDITIONAL DOCUMENTS ................................................................................................64

FIGURE 1 - NISD SITE LOCATION MAP ........................................................................ 64 APPENDIX A - POINT SYSTEM FOR EVALUATING CONTRACTOR’S BIDS ......... 65


1

PROPOSAL AND CONTRACT CONDITIONS

SECTION 00010 - INVITATION TO BIDDERS

00010.01 Project

The Board of Trustees of the Northside Independent School District, (The “Owner”) has a

requirement to prequalify Asbestos Abatement Contractors and Mold Remediation Contractors

for an Indefinite Quantity (IDQ) Contract to conduct asbestos abatement activities and mold

remediation activities at NISD facilities. NISD is requesting competitive sealed proposals for the

work pursuant to Texas Education Code Section 44.039. The Contract will be for a twelve (12)

month period from the date of Board of Trustees approval with four (4) one (1) year options for

extension. The Bidder list is open and qualifications will be accepted from any responsible

Contractor submitted in accordance with this Invitation and accompanying Instructions to

Bidders.

00010.02 Description and Scope of Work

The asbestos abatement activities and mold remediation activities under this contract may be

conducted at any of the Northside School District’s facilities. The location of all NISD schools

is shown on Figure 1. The work may also be performed at other NISD maintenance facilities and

office locations.

00010.03 Evaluation of Contractor Qualifications

To be considered for qualification, the Contractor Sheets in Section 00030 should be completed

and submitted to NISD Purchasing Department, Northside Support Services Center, 607

Richland Hills Drive, Suite 700, San Antonio, Texas 78245. Contactors will evaluated based on

experience, the number of qualified personnel, the number of violations issued by the Texas

Department of State Health Services, and other criteria.

The contractors’ qualifications will be evaluated using a point system. The maximum possible

points are 100. A minimum score of 80 is required to be considered qualified for work at NISD

locations. The table below shows the points awarded for various characteristics.


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Item

Number Category

Maximum

Points Available

1 Relevant Experience (Mold and Asbestos) 40

2 Number of Active and Available Licensed

Asbestos Supervisors 10

3 Number of Active and Available Licensed

Asbestos Workers 10

4 Number of Active and Available Mold

Remediation Supervisors (Contractors) 5

5 Number of Active and Available Mold

Remediation Registered Workers 5

6 Years in Asbestos Abatement Business Under

the Current Company Name 5

7 Violations Issued by the DSHS in the last 24

months 17

8 References and Past Performance on NISD

Projects 8

Total Maximum Points 100

00010.04 Obtaining the Qualification Documents

This specification document may be obtained by downloading the document at the NISD

Purchasing Department website. ( www.nisd.net/purchasing ). Click on current bids.

00010.05 Receipt and Openings of Submittals

Qualifications will be received by the Owner for the asbestos abatement and mold remediation

Indefinite Quantity Contract at Northside Support Services Center, Suite 700, 607 Richland Hills

Drive, San Antonio, Texas 78245 until 10:30 a.m. CST on April 30, 2019. The Qualification

Forms and other required documents to be submitted shall be enclosed in a sealed, opaque

envelope, addressed to the Board of Trustees, c/o George M. Ayala, Purchasing Department of

Northside Independent School District, and identified as Qualifications for Asbestos Abatement

and Mold Remediation, Indefinite Quantity Contract, RFP #2019-094. If the Qualifications are

sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the

notation “Sealed Bid Enclosed” on the face thereof. Except as otherwise provided in the

http://www.nisd.net/purchasing


3

instructions below, oral, telephonic or telegraphic bids are invalid, and will not receive

consideration. Qualifications received after the time and date of receipt of bids will be returned

unopened. Each bidder shall assume full responsibility for timely delivery of their qualifications

to the location designated for receipt of the Qualifications.

00010.06 Pre-Bid Conference

No pre-bid conference is scheduled for this RFP.

00010.07 Scope of Services

The scope of services for this bid document consists of asbestos abatement and disposal of

asbestos-containing materials for different projects at any of the NISD facilities. In addition, if a

mold condition is discovered, mold remediation activities will also be conducted. As each

project is determined, a walk through will be conducted and a quote will be requested.

Asbestos abatement activities will be in accordance with The Texas Department of State Health

Services, Texas Asbestos Health Protection Rules and procedures specified in sections 02010

and 02030 of these specifications. Mold remediation will be in accordance with regulations of

Texas Department of Licensing and Regulation. In addition to the regulations specified above,

the procedures specified in the EPA manual “Mold Remediation in Schools and Commercial

Buildings” will be followed.

00010.08 Asbestos and Mold Consultants

An Asbestos Consulting Agencies and Mold Consultant Firm has been authorized by the Owner

to perform work, issue Quoting documents, and guide asbestos and mold related activities for

this IDQ Contract:

Currently, the consulting firm authorized to perform this work is as follows:


4754 Research Drive

San Antonio, Texas 78240

Contact: Craig Tribley

Phone: 210-696-6288

Email: [email protected]

The Owner may elect to add or change the designated Asbestos and Mold Consultant during the

term of this IDQ Contract.

- END OF SECTION –

mailto:[email protected]


4

SECTION 00020 - INSTRUCTIONS TO BIDDERS

00020.1 Scope of Work

The anticipated work to be accomplished under this Contract is the Scope of Work as defined by

Paragraph 1.07 Section 00010, Invitation to Bidders. The project will include all work

associated with the required notifications, abatement activities and disposal of the asbestos

containing waste or mold remediation debris. Close coordination between the successful

abatement contractor and the Asbestos/Mold Consultant will be required.

00020.2 Qualification Documents

The Qualification Documents include the Invitation to Bidders, the Qualification Forms

(including the Felony Conviction Notification), other Supplementary and Contract Conditions

and Technical Specifications. The Contract Documents shall consist of the Agreement between

the Owner and Contractor as supplied by the Owner, and all addenda issued prior to execution of

the Contract. Once Contractors have been pre-qualified for this IDQ Contract, then as abatement

projects arise, a minimum of three (3) pre-qualified Contractors will be asked to provide quotes

on the required abatement or remediation activity. A Purchase Order will then be issued to the

successful quoter for each project.

Bidders may request clarification or interpretation of bid documents. Any such request must be

in writing, and must be received by the asbestos/mold consultant at least one (1) day prior to the

last date for receipt of bids. Interpretations, corrections and/or changes to the bid documents will

be made by written Addendum. Any interpretation, corrections or changes of or to the bid

documents made in any other manner will not be binding upon the Owner, and bidders may not

rely upon such.

Bidders understand all references to the asbestos/mold consultant shall be on behalf of the Owner

for this Contract. Requests for clarifications or interpretation of the bid documents will be in

writing and must be provided to the consultant at least one (1) day prior to date for receipt of

qualifications.

Clarifications, interpretations and changes to the bid documents will be made by written

addendum issued by the Consultant to each firm to whom a bid package has been issued.

Bidders are not to rely on clarifications, interpretations and changes made in any other manner.

Due to the short time frame, any addendum may be faxed to the abatement contractors issued

packages.


5

00020.4 Qualification Submission

Sealed, written bids using the provided qualification forms in these documents should be

submitted to:

Mr. George M. Ayala

Northside Support Services Center, Suite 700

607 Richland Hills Drive


Two copies of the documents must be submitted. One copy must be original and signed with

blue ink.

Qualifications must be received by 10:30 A.M., CST on April 30, 2019 at the Northside

Support Services Center listed above. Any qualifications received after 10:30 A.M. on this date

will be rejected and returned to the bidder unopened.

Qualifications shall be submitted on the forms provided in Section 00030. Each copy of the bid

shall include the legal name of the bidder and shall indicate whether the bidder is a sole

proprietor, partnership, corporation or other legal entity. Each copy of the bid shall be signed by

the person legally authorized to bind the bidder to such. Submittal by a corporation shall name

the state of the authority of the person signing the bid to bind the corporation.

The Owner reserves the right to reject any and/or all submittals and reserves the right to qualify

multiple Contractors that the District has determined to meet the required qualifications. A score

of 80 must be achieved to be considered qualified. The maximum score is 100. Details of the

point system are presented in Appendix A of this document.

All documents to be submitted for this RFP are presented in Section 00030. For clarity, a list of

all documents to be submitted by each Contractor is outlined below:

1. The first two pages of Section 00030 (Pages 7 and 8 of this document)

2. The Contactor Qualification Sheet (Pages 9 and 10 of this document)

3. Copies of Licenses (Item 9) – (Page 10)

4. Addenda Acknowledgement Form (Page 11 and 12 of this document)

5. Schedule 4 – Felony Conviction Notification – (Page 13 of this document)

6. Schedule 5 – Hold Harmless Agreement – (Page 14 of this document)

7. Schedule 6 – Insurance and Bonding Certification – (Page 15 of this document)

8. Schedule 7 – Conflict of Interest Questionnaire – 1 Page (Page 16 of this document)

9. Form 1295 - Certificate of Interested Parties) (Page 17 of this document)

10. Vendor Certification Forms (Pages 18 – 23 of this document)

11. School Project References – 1 page (Page 24 of this document)

12. Other Project References – 1 page (Page 25 of this document)

13. A Certificate of Insurance


6

00020.5 Qualifications of Bidders

The Owner may consider all relevant factors and circumstances which the law allows to be

considered in determining whether a bidder is responsible. Except to the extent that applicable

law prohibits such, and without limiting the generality of the foregoing, the Owner may consider,

among other things: (i) the bidders reliability, capacity, ability, character, experience, reputation,

integrity, skill, efficiency, energy, stability and judgement, (ii) the satisfactoriness of previous

dealings with the bidder, (iii) the bidders facilities for carrying out the work, (iv) the bidder’s

ability to account and answer for its undertaking, and (v) the bidder’s financial strength. It is the

intent of the Owner to have as much discretion in the determination of responsibility or non-

responsibility of bidders as the law allows, and this paragraph shall be construed accordingly.

Each bidder shall furnish to the Owner all such information and data reasonably requested by the

Owner to help in determining the bidder’s responsibility, including, without limitation, current

financial statements of the bidder and a contractor’s qualification statement in form acceptable to

the Owner. This information may be requested after qualification submittal and before submittal

to the Board of Trustees for approval.

00020.6 Acceptance and/or Rejection of Bids

The Owner may request from a bidder a written interpretation of any term or statement in the

qualification that is or appears unclear or subject to more than one interpretation, and may act

upon such written interpretation. The Owner shall have the right to reject all qualifications, to

reject any qualification which is in any way incomplete, irregular or nonconforming, or to reject

any qualification which may otherwise be legally rejected for any reason, including previous

performance, including without limitations, any means permitted under the Texas Education

Code, Section 44.031 et seq. To the extent allowed by law, the Owner may waive any formality

in any bid.

Each bidder hereby waives any claim it has or may have against the Owner, its Consultant and

their employees, any other consultants, and any trustees, officers and employees of Owner,

connected with or arising out of the bid administration, qualification evaluation, qualification

recommendations, the award of the contract, or the rejection of any bids.

00020.7 Bidder’s Qualification Statement

Each bidder is required to complete the Bidder’s Qualifications Statement section of these bid

documents. The information contained in this completed form will serve as the basis for the

Determination of Responsibility. The Owner, however, reserves the right to obtain any other

information that the Owner deems necessary and to use that information in conjunction with the

information furnished in the Bidders’ Qualification Statement for the Determination of

Responsibility.

00020.8 Form of Contract

The Agreement for the work will be written on the Contract Agreement provided by the Owner.



7

SECTION 00030 – DOCUMENTS REQUIRED FOR SUBMITTAL

PROPOSAL SUBMITTAL COVER PAGE

This section contains all forms that are to be submitted in the Proposal Package

PROPOSAL SUBMITTAL COVER PAGE

QUALIFICATIONS SUBMITTED BY:

(Name of Bidder)

DATE:

TO: Northside Independent School District

Board of Trustees, c/o Mr. George M. Ayala

Northside Independent School District

Northside Support Services Center, Suite 700

607 Richland Hills Drive


RE: Northside Independent School District

Qualifications for Asbestos Abatement and Mold Remediation

Indefinite Quantity Contract

5700 Evers Road


RFP 2019-094

Ladies and Gentlemen:

The undersigned, on behalf of the herein named Bidder (the “Bidder”), in compliance with

your Invitation to Bidders and your Instruction to Bidders, having carefully examined the

bidding documents, specifications, drawings, Addenda Nos. , and being

familiar with all of the conditions surrounding the scope of work of the proposed IDQ

Contract, hereby offers to enter into a contract to furnish all labor, materials, tools,

equipment, transportation, waste disposal, supplies, insurance, permits, fees, taxes and

services necessary to complete the work in accordance with the Contract Documents and the

conditions of bidding.

The undersigned understands that submittal of qualifications is for consideration to be a pre-

qualified Asbestos Abatement Contractor and Mold Remediation Contractor to conduct

asbestos abatement activities or mold remediation activities at NISD facilities under an

Indefinite Quantity Contract. As projects arise, price quotes will be obtained from a

minimum of three (3) of the pre-qualified contractors.

The undersigned hereby affirmatively states that it has not participated in any act of

collusion, favoritism, gratuity or inside dealings with any member of the staff of the

Northside Independent School District or its Board of Trustees.


8

The undersigned agrees that the Northside Independent School District has the right to

accept or reject any and/or all qualifications and to waive irregularities or formalities in any

submittals received. The undersigned also certifies that the information provided below is a

true and accurate presentation of the information requested as of the date of qualification

submittal.

Contractor

By: Date:

Printed: Title:

Address:

Street/City/State/Zip

Telephone: Fax:


9

CONTRACTOR QUALIFICATIONS

1. Relevant Experience in the Previous 24 Months

Total #

of

Projects

Total School

Projects

Total NISD

Projects

1a. Asbestos Floor Tile or Mastic Removal

1b. Asbestos Pipe Insulation and Duct Mastic

1c. Asbestos Exterior Water Proofing

1d. Any Type of Mold Remediation

2. Number of Active and Available Licensed Asbestos Supervisors (W2 Employees)

# in Local

Office

# in Other Offices

Number of Licensed Asbestos Supervisors

3. Number of Active and Available Licensed Asbestos Workers

# in Local

Office1

# in Other Offices

Number of Licensed Asbestos Workers

4. Number of Active and Available Mold Remediation Contractors

# in Local

Office1

# in Other Offices

Number of Licensed Mold Contractors

5. Number of Active and Available Mold Remediation Registered Workers

# in Local

Office1

# in Other Offices

Number of Mold Remediation Registered

Workers


10

6. Years in the Asbestos Abatement Business Under the Current Company Name

Number of Years

7. Violations Issued by DSHS in Previous 24 Months

Number of violations involving notification

Number of other violations

8a. References

The Contractor will complete the attached reference forms. Three client references are requested

8b. Past Performance With NISD

No submittal by the Contractor is necessary for this item. The Owner will review the Contractor

company name and determine whether that Contractor has conducted business in the past with

NISD. The following factors will then be considered by NISD for each Contractor.

Timely completion of previous NISD projects

Cooperation with Owner and Owner’s Representative

Follow up on warranty and corrective work

Ability to properly manage the project through completion

9. Provide Copies of the Following Asbestos and Mold Licenses As An Attachment

Company Asbestos license

Two (2) Asbestos Supervisor license

Four (4) Asbestos Worker license

Mold Company license

Mold Contractor license

10, Provide a Certificate of Insurance that meets the requirements of Section 00040.8


11

An Addenda Acknowledgement Form is included with this Bid. ( ) YES ( ) NO

Respectively Submitted,

Contractor

By: Date:

Printed: Title:

Address:

Street/City/State/Zip

Telephone: Fax:

FILL IN APPICABLE INFORMATION:

A CORPORATION chartered in the STATE of authorized to do business in

the STATE of Texas.

A PARTNERSHIP, Composed of

An INDIVIDUAL, operating under the same of:


12

ADDENDA ACKNOWLEDGEMENT FORM

Addendum No. Date Received

The undersigned certifies that the above listed Addenda were received on the date shown.

Signed

Printed

Title

Company

Address

City State Zip


13

SCHEDULE 4

FELONY CONVICTION NOTIFICATION

State of Texas Legislative Education Code, Section 44.034, Notification of Criminal History,

subsection (a), states “a person or business entity that enters into a contract with a school district

must give advance notice to the district if the person or an owner or operator of the business

entity has been convicted of a felony. The notice must include a general description of the

conduct resulting in the conviction of a felony”. Subsection (b) states “a school district may

terminate a contract with a person or business entity if the district determines that the person or

business entity failed to give notice as required by Subsection (a) or misrepresented the conduct

resulting in the conviction. The district must compensate the person or business for services

performed before the termination of the contract.

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY HELD CORPORATION.

SUSPENSION OR DEBARMENT CERTIFICATE

Non-Federal entities are prohibited from contracting with or making subawards under

covered transactions to parties that are suspended or debarred or whose principals are

suspended or debarred. Covered transactions include procurement for goods or services

equal to or in excess of $100,000.00. Contractors receiving individual awards for

$100,000.00 or more and all subrecipients must certify that the organization and its

principals are not suspended or debarred.

By submitting this offer and signing this certificate, this bidder:

Certifies that the owner/operator has not been convicted of a felony, except as indicated on a

separate attachment to this offer, in accordance with Sec. 44.034, Texas Education Code, and

Certifies that no suspension or disbarment is in place, which would preclude receiving a

federally funded contract.

Vendor Name:

Vendor Address:

Vendor E-mail Address:

Vendor Telephone: Fax Number:

Authorized Company Official’s Name: (Printed)

Signature of Company Official:

Date:


14

SCHEDULE 5

HOLD HARMLESS AGREEMENT

The Contractor shall defend, indemnify, and hold harmless, Northside Independent

School District and all of its trustees, officers, agents, and employees from and against all

suits, actions, or claims of any character brought for or on account of any injuries or

damages (including death) received or sustained by any person or property on account of,

arising out of, or in connection with, any negligent act or omission of Contractor or any

agent, employee, subcontractor or supplier of Contractor in the execution or performance

of the Contract for Asbestos Abatement and/or Mold Remediation, Indefinite Quantity

(IDQ) Contract.

The Contractor shall also defend, indemnify and hold harmless, Northside

Independent School District and all of its trustees, officers, agents, and employees from and

against claims by subcontractor, supplier, laborer, materialman or mechanic for payment

for work or materials provided on behalf of the contractor in the performance of the

Contract and all such claimants shall look solely to Contractor and not Northside

Independent School District for satisfaction of such claims.

This Hold Harmless Agreement shall be binding upon the undersigned, and its

successors, legal representatives, heirs and assigns.

DATED this day of , 2019.

CONTRACTOR

By:

Name:

Title:

STATE OF TEXAS §

§

COUNTY OF BEXAR §

This instrument was acknowledged before me on the day of _________________,

2019, by , of a Texas , on

behalf of said .

Notary Public, State of Texas


15

SCHEDULE 6

INSURANCE AND BONDING CERTIFICATION

The undersigned, being the President or a Vice President of the Offeror, hereby certifies

that the Offeror shall be able to procure and provide to Owner, within the time specified in the

Proposal Documents, evidence of insurance and original payment and performance bonds, all in

accordance with the requirements set forth in the Proposal Documents.

The undersigned shall reimburse Owner for all damages, costs, and expenses (including

reasonable attorneys’ fees) which are incurred by Owner and which are related in any way to the

falsity of any part of the certification set out herein.

Dated and Effective the _____ day of _______________, 2019__.

_______________________________

Signature

_______________________________

Printed Name

_______________________________

Position (President or Vice President)

STATE OF TEXAS §

§

COUNTY OF BEXAR §

This instrument was acknowledged before me on the ___ day of ___________,

2019____, by _________________________________________.

_______________________________

Notary Public State of Texas

My Commission Expires:____________


16

SCHEDULE 7

CONFLICT OF INTEREST QUESTIONNAIRE


17

CERTIFICATE OF INTERESTED PARTIES – FORM 1295

A person or business entity entering into a contract and/or agreement with NISD is

required by the New Government Code Statute §2252.908, to complete Form 1295

“Certificate of Interested Parties”. This form must be submitted online at

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Once the online

submission has been processed and a claim number has been issued, the form must

be printed with the claim number, notarized and then submitted along with the

bid/quote/proposal document(s). If Form 1295 is not submitted along with your

bid/quote/proposal response, your response may be considered “non-

responsive” and will be disqualified.


18

NORTHSIDE ISD

VENDOR CERTIFICATION FORMS

FELONY CONVICTION NOTIFICATION Texas Education Code, Section 44.034, Notification of Criminal History of Contractor, subsection (a), states “a

person or business entity that enters into a contract with a school district must give advance notice to the district if

the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a

general description of the conduct resulting in the conviction of a felony”. Subsection (b) states “a school district

may terminate a contract with a person or business entity if the district determines that the person or business entity

failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The

district must compensate the person or business for services performed before the termination of the contract.”

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

CERTIFICATE OF INTERESTED PARTIES – FORM 1295

A person or business entity entering into a contract and/or agreement with NISD is required by the New

Government Code Statute §2252.908, to complete Form 1295 “Certificate of Interested Parties”. This form

must be submitted online at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Once the online

submission has been processed and a claim number has been issued, the form must be printed with the claim

number, then signed and submitted along with the bid/quote/proposal document(s). If Form 1295 is not submitted

along with your bid/quote/proposal response, your response may be considered “non-responsive” and may be

disqualified.


Or

Is publicly traded business entity, including a wholly owned subsidiary of the business entity.

______ Initials of Authorized Representative of vendor

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all

bidders must complete and submit with the bid the following affidavit:

I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a

corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child

support under a court order or a written repayment agreement. I understand that under this provision, a sole

proprietorship, partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a

corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support

under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract.


CERTIFICATION OF COMPLIANCE WITH HOUSE BILL 89 Vendor certifies that is in compliance with all applicable provisions of the House Bill 89. Purchases made in

accordance under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 must comply with the

following:


19

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with

Northside Independent School District.


REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS – APPENDIX II TO 2 CFR PART 200 The following provisions are required and apply when federal funds are expended by Northside ISD for any

contract resulting from this procurement process.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the

inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address

administrative, contractual, or legal remedies in instances where contractors violate or breach contract

terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended by Northside ISD, Northside ISD

reserves all rights and privileges under the applicable laws and regulations with respect to this

procurement in the event of breach of contract by either party.


(B) T

ermination for cause and for convenience by the grantee or sub grantee including the manner by which it

will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when federal funds are expended by Northside ISD, Northside ISD

reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this

procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor

fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement

solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in

accordance with the contract and/or the procurement solicitation. Northside ISD also reserves the right to

terminate the contract immediately, with written notice to vendor, for convenience, if Northside ISD

believes, in its sole discretion that it is in the best interest of Northside ISD to do so. The vendor will be

compensated for work performed and accepted and goods accepted by Northside ISD as of the termination

date if the contract is terminated for convenience of Northside ISD. Any award under this procurement

process is not exclusive and Northside ISD reserves the right to purchase goods and services from other

vendors when it is in the best interest of Northside ISD.

Does vendor agree to abide by the above?

YES ________ Initials of Authorized Representative of vendor

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that

meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the

equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,

“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as

amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment

Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance


20

Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when federal funds are expended by Northside ISD on any federally

assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does vendor agree to abide by the above?

YES ________ Initials of Authorized Representative of vendor

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all

prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a

provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as

supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions

Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with

the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than

the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,

contractors must be required to pay wages not less than once a week. The non-Federal entity must place

a copy of the current prevailing wage determination issued by the Department of Labor in each

solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of

the wage determination. The non-Federal entity must report all suspected or reported violations to the

Federal awarding agency. The contracts must also include a provision for compliance with the Copeland

“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR

Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in

Part by Loans or Grants from the United States”). The Act provides that each contractor or sub

recipient must be prohibited from inducing, by any means, any person employed in the construction,

completion, or repair of public work, to give up any part of the compensation to which he or she is

otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal

awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by Northside ISD, during the term of

an award for all contracts and sub grants for construction or repair, the vendor will be in compliance with

all applicable Davis-Bacon Act provisions.


(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts

awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or

laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by

Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor

must be required to compute the wages of every mechanic and laborer on the basis of a standard work

week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is

compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in

excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction

work and provide that no laborer or mechanic must be required to work in surroundings or under

working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to

the purchases of supplies or materials or articles ordinarily available on the open market, or contracts

for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when federal funds are expended by Northside ISD, the vendor

certifies that during the term of an award for all contracts by Northside ISD resulting from this

procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work

Hours and Safety Standards Act.



21

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of

“funding agreement” under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a

contract with a small business firm or nonprofit organization regarding the substitution of parties,

assignment or performance of experimental, developmental, or research work under that “funding

agreement,” the recipient or sub recipient must comply with the requirements of 37 CFR Part 401,

“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government

Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the

awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Northside ISD, the vendor

certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement

process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F)

above.


(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-

1387), as amended—Contracts and sub grants of amounts in excess of $150,000 must contain a

provision that requires the non-Federal award to agree to comply with all applicable standards, orders

or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water

Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal

awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by Northside ISD, the vendor


procurement process, the vendor agrees to comply with all applicable requirements as referenced in

Federal Rule (G) above.


(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220)

must not be made to parties listed on the government wide exclusions in the System for Award

Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive

Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),

“Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or

otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory

authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by Northside ISD, the vendor


procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended,

proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal

department or agency.


(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award

exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will

not and has not used Federal appropriated funds to pay any person or organization for influencing or

attempting to influence an officer or employee of any agency, a member of Congress, officer or

employee of Congress, or an employee of a member of Congress in connection with obtaining any

Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any

lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.


22

Pursuant to Federal Rule (I) above, when federal funds are expended by Northside ISD, the vendor certifies

that during the term and after the awarded term of an award for all contracts by Northside ISD resulting

from this procurement process, the vendor certifies that it is in compliance with all applicable provisions

of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any

person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of congress, or an employee of a Member of Congress in

connection with the awarding of a Federal contract, the making of a Federal grant, the making of a

Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal,

amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or employee of any agency, a Member of Congress,

an officer or employee of congress, or an employee of a Member of Congress in connection with this

Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-

LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award

documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers

and that all sub recipients shall certify and disclose accordingly.


RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS –

2 CFR § 200.333 When federal funds are expended by Northside ISD for any contract resulting from this procurement process, the

vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The vendor

further certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after

grantees or sub grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all

other pending matters are closed.


CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS

APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS

IN EXCESS OF $100,000 OF FEDERAL FUNDS

When federal funds are expended by Northside ISD for any contract resulting from this procurement process in

excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders,

regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)),

Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental

Protection Agency Regulation, 40 CFR Part 15.



23

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT

When federal funds are expended by Northside ISD for any contract resulting from this procurement process, the

vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy

efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy

and Conservation Act (Pub. L. 94-163, 89 Stat. 871).


CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that vendor is in compliance with all applicable provisions of the Buy America Act. Purchases

made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and

open competition.


CERTIFICATION OF NON-COLLUSION STATEMENT Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide,

fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business

or legal entity. Does vendor agree? YES ________ Initials of Authorized Representative of vendor

Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as

applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts,

regulations, etc. as specifically noted above.

Vendor’s Name/Company Name: ________________________________________________________

Address, City, State, and Zip Code: ______________________________________________________

Phone Number: _____________________________ Fax Number: ____________________________

Date: ___________________________ Federal Tax ID #_______________

Printed Name and Title of Authorized Representative: _______________________________________

Email Address: ______________________________________________________________________

Signature of Authorized Representative: __________________________________________________


24

SCHOOL PROJECT REFERENCES

This form identifies three (3) mold or asbestos project conducted at school district sites. NISD

projects are preferred but sites other than NISD may be listed.

1. PROJECT NAME

DATE OF COMPLETION CONTRACT AMOUNT

SCHOOL DISTRICT

OWNER’S REPRESENTATIVE

TELEPHONE NUMBER

2. PROJECT NAME:


SCHOOL DISTRICT


TELEPHONE NUMBER

3. PROJECT NAME:


SCHOOL DISTRICT


TELEPHONE NUMBER


25

OTHER PROJECT REFERENCE FORM

This form identifies three (3) mold or asbestos project conducted at sites other than schools.

4. PROJECT NAME


OWNER:


TELEPHONE NUMBER

5. PROJECT NAME:


OWNER:


TELEPHONE NUMBER

6. PROJECT NAME:


OWNER:


TELEPHONE NUMBER



26

SECTION 00040 -GENERAL CONDITIONS OF THE CONTRACT

00040.1 Contract Documents - General

The Contract Documents will include a signed Agreement for Asbestos Abatement or Mold

Remediation Services, that will be provided by the Owner along with these Bid Documents and

all addenda issued prior to the execution of the contract. Purchase orders will be issued when

projects are required under this IDQ.

00040.2 Contract Documents

The Contract Documents will consist of a signed Agreement for Services, Instructions to

Bidders, the Qualification Forms (including the Felony Conviction Notification, Hold Harmless

Agreement, Insurance and Bonding Certification and Conflict of Interest Questionnaire), Form

1295, Vendor Certification Forms, General Conditions of the Contract, Technical Specifications

and all Addenda issued prior to Bid receipt date.

00040.3 The Work

The Scope of Services for each project will consist of completing asbestos abatement and/or

mold remediation activities and waste disposal, which includes furnishing all supplies, services,

skill, supervision, transportation, equipment, and all other items necessary for the proper

execution and completion of the terms of the contract and all other items of cost or value needed

to fully complete the work. Work not specifically covered in the Contract Documents will be

required unless it is consistent therewith and is reasonably inferable therefrom as being necessary

to produce the intended results.

00040.4 The Owner

In connection with this contract, there is exterior and interior storage and working space at each

location for the Contractor to place his equipment, tools and supplies, from one work period to

the next, for the conduct of work activities. However, the Owner cannot and does not guarantee

security of the site.

00040.5 The Contractor

The Contractor will accept full responsibility for the accomplishment of all work described in the

Contract Documents and future requests for prices on projects for all materials and methods shall

meet or exceed the requirements specified. The Contractor must agree to commence the work

when requested for each project.


27

00040.6 Performance Time The Contractor shall expedite the work so as to finish the required work in the shortest length of

time but not later than the time specified for each price quote requested under this contract.

00040.7 Subcontractors

A Subcontractor is a person or entity who has a direct contract with the Contractor to perform

any of the work and/or testing within the Contract Documents are subject to compliance with the

Contract Documents.

00040.8 Insurance

NISD requires the following minimum insurance and conditions.

Minimum coverages and limits required of the Contractor are as follows:

1. Workers’ Compensation: Statutory Limits

Employers’ Liability:

$500,000 each accident;

$500,000 disease - policy limit;

$500,000 disease - each employee.

2. Commercial General Liability Insurance:

$2,000,000 general aggregate;

$1,000,000 products/completed operations aggregate;

$1,000,000 personal and advertising injury;

$1,000,000 each occurrence;

$50,000 fire damage;

$5,000 medical expense.

Such policy shall include all of the coverages which may be included in coverages

A, B and C contained in the Standard Texas Form Commercial General Liability

Policy, without deletion. Such policy must be issued upon an “occurrence”

basis, as distinguished from a “claims made” basis.

3. Comprehensive Automobile Liability Insurance to cover all vehicles (any

auto) owned by, hired by or used on behalf of the Contractor, with minimum

Combined Single Limit of $1,000,000.00.

4. Owner’s and Contractor’s Protective Liability Insurance

$500,000 bodily injury;

$500,000 property damage.

Such policy must contain an endorsement to the effect that the insurance company

waives its right to use as a defense the Owner’s governmental immunity.


28

5. Umbrella Liability Insurance written on an occurrence basis, with minimum

limits in the amount of:

Contract Sum Minimum Limit Required

(Per occurrence/aggregate)

Up to $2,499,999 $1,000,000

$2,500,000 - 4,999,999 $2,000,000

$5,000,000 - 7,499,999 $3,000,000

$7,500,000 and over $4,000,000

6. Should the Contractor fail to purchase, or fail to continue to force until

completion of the Work, insurance in the amounts indicated above, the Owner

may purchase such insurance and the cost thereof shall be borne by the

Contractor, and may be deducted from any amounts owed by the Owner to the

Contractor.

Certificates of Insurance acceptable to the Owner shall be filed with the Owner within ten

(10) days after award of the Contract to Contractor and prior to commencement of the

Work. The Certificates shall be ACORD Form 25, Certificate of Insurance. This

Certificate and the insurance policies required by this Paragraph 11.1 shall contain a

provision that coverages afforded under the policies will not be cancelled, materially

modified, or allowed to expire until at least thirty (30) days’ prior written notice has

been given to the Owner.

The Contractor shall cause any Subcontractors employed by the Contractor to furnish and

maintain the following types and amounts of insurance, with any specific coverages and

endorsements reasonably requested by the Owner:

1. Workers’ Compensation: statutory limits

Employers’ Liability: $100,000

2. Commercial General Liability Insurance:

$500,000 general aggregate

3. Comprehensive Automobile Liability Insurance:

$250,000 per person/accident

All insurance policies shall be provided by a company or companies with a rating of not

less than B+ in the last available Best’s Rating Guide. All such policies shall include

clauses whereby each underwriter agrees to waive its rights of subrogation against the

Owner. The Commercial General Liability, Automobile Liability and Umbrella Liability

policies shall be endorsed to add the Owner as an additional insured. The limits of

liability shown for each type of insurance coverage to be provided by the Contractor

pursuant hereto shall not be deemed to constitute a limitation of the Contractor’s liability


29

for claims hereunder or otherwise. Notwithstanding anything herein to the contrary, the

Owner may to the fullest extent permitted by applicable law, accept alternate or different

coverages for the insurance specified herein upon receipt from a licensed insurance agent

or company acceptable to Owner of a written evaluation of the proposed alternate

coverage in form acceptable to Owner confirming that such alternate coverage provides

comparable or greater protection to the Owner as the coverage specified.

Prior to executing the Purchase Order and commencing any Work, the Contractor shall

furnish to Owner, at the Contractor’s expense, a payment bond (if any project Sum

exceeds $25,000.00) and a performance bond (if any project Sum exceeds

$100,000.00), each such bond to be in the amount of 100% of any project Sum, issued by

such corporate sureties duly authorized and admitted to do business in the State of Texas

and licensed by the State of Texas to issue surety bonds and in accordance with the

requirements of V.T.C.A., Government Code §2253.001 et seq. If any project Sum

exceeds the underwriting limitation of the surety the Contractor shall provide the Owner

with evidence that the excess is protected by re-insurance or co-insurance in a form and

amount acceptable to the Owner. If the amount of the bond (whether payment or

performance) exceeds $100,000.00, then the surety must also hold a certificate of

authority from the United States Secretary of the Treasury to qualify as a surety on

obligations permitted or required under federal law; or have obtained reinsurance for any

liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a

reinsurer in the State of Texas and who is a holder of a certificate of authority from the

United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations

permitted or required under federal law. The Contractor shall require any attorney-in-fact

who executes the required bonds on behalf of the surety to affix thereto an original

certified and current copy of a Power of Attorney evidencing the authority of such

attorney-in-fact to so execute such bonds, indicating the monetary limit of such power

and authority.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, CONSULTANT,

THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, REPRESENTATIVES

AND AGENTS, FROM AND AGAINST ALL SUITS, DEMANDS, CLAIMS,

CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, COSTS AND

EXPENSES (INCLUDING LEGAL FEES AND COURT COSTS) CAUSED BY,

RESULTING FROM, ARISING OUT OF, OR OCCURRING IN CONNECTION WITH

THE PERFORMANCE OF THE WORK OR COMPLIANCE (OR FAILURE TO

COMPLY) WITH THE TERMS OF THIS AGREEMENT, EVEN THOUGH SUCH

LOSS, COST, DAMAGE INJURY, CLAIM, DEMAND, SUIT OR EXPENSE MAY BE

ATTRIBUTABLE TO THE JOINT, CONCURRENT, COMPARATIVE OR

CONTRIBUTORY NEGLIGENCE OF ANY PARTY INDEMNIFIED HEREBY. THE

LIABILITY OF THE CONTRACTOR, ITS AGENTS, SERVANTS, EMPLOYEES, OR

SUBCONTRACTORS HEREUNDER SHALL NOT BE LIMITED TO ANY

MINIMUM INSURANCE LIMITS SET FORTH IN THE CONTRACT DOCUMENTS.

THE OWNER MAY, AT ITS OPTION, PARTICIPATE IN THE DEFENSE OF ANY

SUCH CLAIM OR SUIT WITHOUT RELIEVING THE CONTRACTOR OF ANY

OBLIGATION HEREUNDER. SUCH OBLIGATION SHALL NOT BE CONSTRUED

TO NEGATE, ABRIDGE OR REDUCE ANY OTHER RIGHTS OR OBLIGATIONS

OF INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO ANY PARTY OR


30

PERSON DESCRIBED IN THIS PARAGRAPH. INDEMNIFICATION HEREUNDER

SHALL INCLUDE, WITHOUT LIMITING THE GENERALITY OF THE

FOREGOING, LIABILITY WHICH ARISES OR COULD ARISE PURSUANT TO

THE PROVISIONS OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF

1970, AS AMENDED (29 U.S.C. SECTION 652 ET SEQ.), AND ALL OTHER LAWS,

RULES AND REGULATIONS FOR THE PROTECTION, SAFETY AND HEALTH

OF WORKMEN, IT BEING AGREED THAT, AS BETWEEN THE OWNER AND

THE CONTRACTOR, THE CONTRACTOR IS PRIMARILY LIABLE FOR

COMPLIANCE WITH SAID STATUTES.

The Contractor represents that it possesses the skills required for the Work, assumes the

responsibilities of an employer for performance of the Work, and acts as an employer of

one or more employees by paying wages, directing activities, and performing other

similar functions. The Contractor is an independent contractor, free to determine the

manner in which the Work is performed. The employees of the Contractor are not

employees of the Owner, and the Owner shall have no responsibility to maintain

Workers’ Compensation Insurance for the employees of the Contractor, the Contractor

having sole responsibility therefore. The Contractor agrees, at the request of the Owner,

to execute a written agreement in the form promulgated by the Texas Workers’

Compensation Commission stating that the Contractor is an independent contractor, not

an employee of the Owner, and that neither the Contractor nor its employees are entitled

to Workers’ Compensation coverage from the Owner.

00040.9 Wage Scale

Pursuant to the requirements of law and in compliance with Article 5159a of Texas Revised

Civil Statutes, the following wage determination is issued as required by law applicable to

construction work within the District.

This wage determination shall be made a part of the contract for the work for which it is issued.

The wage rates contained in the determination, including modifications, if any, shall be the

minimum to be paid under any such contract by contractors and subcontractors on the work.

The contractor shall comply with all the requirements of Article 5159a, Texas Revised Civil

Statutes.

When the contractor or subcontractors propose to utilize a particular class of laborers or

workmen not listed in the wage determination, such workmen or laborer shall be classified or

reclassified conformable to the wage determination and a report made in writing of such action

to the District. When the interested parties are unable to agree on the classification or

reclassification of worker, the question with recommendations of the parties shall be submitted to

the District for determination. The decision of the authorized representative of the District shall

be furnished the parties and shall be binding and final.

The contractor and each subcontractor shall keep, or cause to be kept, an accurate record

showing the names and occupations of all laborers, workmen and mechanics employed by him,

in connection with the project, showing also the actual per diem wages paid to each of such

workers, which record shall be open at all reasonable hours to the inspection of the NISD, its

officers or agents.


31

Building Construction Minimum Hourly Wage Scale

Air Conditioning Mechanic $22.96

Air Conditioning Mechanic Helper $ 8.82

Air Conditioning Serviceman $21.86

Air Conditioning Serviceman Helper $10.10

Asbestos Supervisor $ 9.94

Asbestos Worker $ 8.10

Bricklayer/Stone Mason $18.16

Carpenter, Form $12.02

Carpenter, Trim and Finish $14.92

Concrete Finisher $12.47

Drywall Installer $14.38

Electrician $18.93

Electronic Technician $14.45

Floor Layer, Resilient $12.00

Glazier $10.88

Ironworker, Reinforcing $10.19

Ironworker, Structural $12.50

Ironworker, Structural Helper $11.06

Laborer, Skilled $ 9.94

Laborer, Unskilled $ 8.10

Operator, Crane $15.90

Operator, Forklift $12.50

Painter $10.00

Pipefitter $23.10

Pipefitter, Helper $ 9.45

Plumber $23.93

Plumber Helper $ 9.65

Roofer $ 9.95

Roofer, Helper $ 9.01

Sheet Metal Worker, Roofing $13.92

Sheet Metal Worker, Roofing Helper $ 9.46

Sheet Metal Worker, Ductwork $20.87

Sheet Metal Worker, Ductwork Helper $ 7.99

Sprinkler System Installer (Fitter) $18.70

Tile Installer, Ceramic $12.15

Waterproofer Installer $10.92

Welder, Certified Pipe $24.14

Welder, Structural $13.68

Sitework, Paving and Utility Construction

Carpenter, Rough $14.90

Laborer, Common $ 9.93

Laborer, Utility $ 9.50

Operator, Crane $11.50


32

Operator, Front-end-Loader (<2.5c.y.) $11.08

Operator, Motor Grader (Fine) $14.63

Pipelayer $ 9.30

Steelworker, Structural $13.11

Truck Driver, Single Axle, Light $10.51

Truck Driver, Tamdem Axle or Semi $11.78

Any worker employed shall be paid at the rate of one and a half (1-1/2) times the regular rate for

every hour worked in excess of forth (40) hours per week.

00040.10 Payments

A one (1) time payment for each project or phase will be provided within thirty (30) calendar

days after submittal of an invoice and final report. The report will include as a minimum: waste

manifests, shower sign in logs, daily logs, employee training documentation and copies of

insurance certificates.

The Contractor will not commence on any additional work outside the specified Project Scope of

Work unless written authorization has been provided by the Owner. The Owner will not

recognize or pay the Contractor for any work completed without proper authorization.

00040.11 Equal Opportunity/Sexual Harassment

The Contractor agrees that it is an equal opportunity employer and that it shall not discriminate

against any of its employees or applicants for employment on the basis of race, color, religion,

creed, sex, national origin, Vietnam-era veteran status or handicap, nor to the extent provided by

law, on the basis of age.

Sexual harassment of employees of the Contractor or employees of the Owner by employees of

the Contractor is strictly forbidden. Any employee of the Contractor who is found to have

engaged in such conduct shall be subject to appropriate disciplinary action by the Contractor,

including dismissal.

00040.12 Testing Policy

No work will be completed on scheduled State Testing days.

00040.13 Identification Badges

All construction workers, delivery persons and others associated with the Contractor’s work shall

be required to be identified by a personnel badge. The Contractor shall provide badges and

maintain an issuance log. The badge shall be worn at all times the person is present on an

existing campus. The badge shall have a current photo, person’s name and the company under

which the person is employed. Persons found at the site without their badges will be asked to

leave the premises and will be reported to the Contractor’s Superintendent.

00040.14 Security

The Contractor shall provide security to protect the work site and materials. Temporary barriers,

signage, lighting, etc., shall be provided as necessary. A full-time security person may be


33

required for protection of the work against vandalism, theft and other malicious acts. The cost of

security shall be borne by the Contractor unless otherwise stated.

00040.15 Harassment

Harassment of students, staff and other NISD personnel will not be tolerated. The Contractor

will be informed of any complaints and will immediately and permanently remedy the problem.

00040.16 Dress Code

Workers shall be fully clothed at all times. Workers wearing shorts or without shirts will not be

allowed on the project. Clothing shall not have indecent or suggestive logos or words.

Advertisements for tobacco, alcohol, drugs or firearms are prohibited.

00040.17 Tobacco

Smoking and chew less tobacco products are prohibited on the Owner’s properties at all times

and shall be fully enforced by the Contractor. Tobacco products may not be brought onto the

Owner’s property by any person at any time.

00040.18 Illegal Drugs and Alcohol

No alcoholic beverages or illegal drugs shall be brought on the Owner’s property at any time.

Workers found or believed to be under the influence of illegal drugs or alcohol shall be

permanently removed from the project.

00040.19 Firearms

Firearms shall not be brought onto the Owner’s property at any time. Anyone found to be in

possession of a firearm(s) will be immediately referred to the local authorities and will be

permanently expelled from the project.

00040.20 Senate Bill 9 Requirements

Senate Bill 9 directs school district contractors to obtain state and national criminal history background

searches on their employees who will have direct contact with students, and to receive those results

through the DPS criminal history clearinghouse (Fingerprint-based Applicant Clearinghouse of Texas –

FACT). In order for contractors to receive the information through FACT, they must first establish an

account with the DPS for FACT clearinghouse access. The Company owner must sign a user agreement

with the DPS. To obtain the user agreement and more information, please contact:

Access and Dissemination Bureau

Texas Department of Public Safety

Crime Records Service

P. O. Box 149322

Austin, Texas 78714-9322

Email: [email protected]

Phone: (512) 424-2365

mailto:[email protected]


34

For fastest service, please email or call. State in the message that you are a school district contractor and

need to have an account established for DPS FACT clearinghouse access. Please include:

Company Name

Company Address

Company Phone

Name of Company point of contact

Phone of Company point of contact

Company email to be used for notification of FACT records and messages

The information in the DPS FACT Clearinghouse is confidential, and access must be restricted to the

least number of persons needed to review the records. The account must include at least one designated

supervisor to make necessary changes and to monitor the site’s security and the access to the criminal

history data retrieved. Additional users must be limited to those who need to request, retrieve, or evaluate

data regarding the individual applicants.

PLEASE NOTE: After you sign the DPS User Agreement for FACT, DPS will provide you with a

revised FAST Fingerprint Pass that you will have to provide to your employees and applicants. Your

employees and applicants will use that FAST Fingerprint Pass when scheduling their FAST

fingerprinting.

Criminal History Background Searches Under Senate Bill 9

The Contractor shall be responsible for compliance with all required provisions of Senate Bill 9 at no

additional cost to the Owner. Senate Bill 9 requires finger printing, background checks and registration

through the Texas Department of Public Safety (DPS) of all employees of the Contractor, Subcontractors,

and material and/or any other type suppliers who may enter any site where Northside ISD students are or

may be attending classes, or where students are on or may be on the site for any school purpose.

All inquiries related to compliance with Senate Bill 9 shall be forwarded to:

Employee Relations Officer

Northside Independent School District

210-397-8808

The Contractor shall be responsible for all costs related to compliance with Senate Bill 9 and include

those costs within its proposal. Employees of the Contractor shall not be permitted to access the site and

begin work until such time as all provisions of Senate Bill 9 for each employee have been satisfied.



35

TECHNICAL SPECIFICATIONS

SECTION 01010 - SUMMARY OF WORK – ASBESTOS ABATEMENT/MOLD

REMEDIATION

PART 1 – GENERAL All asbestos abatement work and mold remediation will be

accomplished by an EPA accredited and Texas licensed asbestos abatement or mold remediation

contractor. The selected Contractor will be responsible for providing security for the asbestos

work area(s) as well as all labor, materials, equipment and asbestos waste disposal.

01010.1 SUMMARY SCOPE OF WORK:

Each project involves the asbestos abatement of the asbestos-containing materials or mold

remediation as specified in each request for quote from the pre-qualified Contractor’s list.

The abatement activities must comply with these Specifications, Federal Environmental

Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and State

of Texas Regulations.

Whenever there is a conflict or overlap of the above references, the most stringent provisions

will apply. The material is identified as “friable” and “non-friable” ACM. However, selected

methods of removal may cause the “non-friable” material to become “friable”. All EPA, OSHA,

State and local regulations regarding removal of ACM or mold will apply. The sections that

apply to friable the non-friable ACM are included as part of these Technical Specifications. If at

anytime the non-friable material becomes friable, the contractor will revert to the section

defining the removal of friable asbestos containing material. The abatement contractor will be

responsible for the transport and disposal of the asbestos waste materials to a duly licensed

landfill facility permitted to accept asbestos waste.

01010.2 RELATED DOCUMENTS:

A drawing of each project will be provided for general reference as part of the request for price

quote.

01010.3 WORK EXECUTION:

The contractor is expected to comply with all applicable regulations and utilize the

recommended methods and procedures recognized by the industry at the current time and in the

same geological location of the project. This is in addition to those specific methods and

procedures identified in Division 2 of these Technical Specifications.


36

01010.4 CONTRACTOR RESPONSE:

Time will be of the essence in removing the asbestos-containing materials or mold for each

project. The Contractor shall be prepared to commence work on a date to be determined for each

project. The ten (10) day or five (5) day notifications will be prepared to meet the start date. All

work must be completed within the time period specified in the bid documents as submitted by

the successful Contractor.

The work should be scheduled to meet the time constraints specified. Work will be

accomplished during Monday-Friday between the hours of 7:00 a.m. and 5:00 p.m. However

some weekend or night work may be required.

01010.5 CONTRACTOR USE OF PREMISES:

The Contractor shall limit his use of the premises to the work indicated within these

specifications unless a change order has been approved in writing.

01010.6 USE OF THE SITE:

The Contractor will confine operations at the site to the area requiring abatement and the general

site area associated with the proximity of the subject facility. Portions of the site beyond areas

on which the indicated work is required are not to be disturbed. The Contractor will not

unreasonably encumber the site with materials or equipment. If asbestos waste is required to be

stored overnight, it will be properly labeled and secured to preclude unauthorized disturbance of

the waste materials.

The Contractor will only park required vehicles in designated areas. When vehicles are parked

and unattended, vehicles will be locked to prevent use by unauthorized persons. The Owner will

not be held responsible for loss of materials or equipment utilized for abatement activities.

NISD facilities are designated as non-smoking facilities.



37

SECTION 01020 - CODES, REGULATIONS, STANDARDS

AND NOTIFICATIONS – ASBESTOS ABATEMENT/MOLD REMEDIATION

PART 1 – GENERAL

01020.1 GENERAL APPLICABILITY OF CODES, REGULATIONS AND

STANDARDS:

Except to the extent that more explicit or more stringent requirements are written directly into

the contract documents, all applicable codes, regulations and standards have the same force and

effect and are made a part of the contract documents by reference as if copied directly into the

contract documents, or as if published copies are bound herewith.

01020.2 DESCRIPTION:

This section sets forth governmental regulations and industry standards which are included and

incorporated herein by reference and made a part of these specifications. This section also sets

forth those notices and permits which are known to the Owner and which either must be applied

for and received, or which must be given to governmental agencies before work can commence.


The preceding sections of these specifications, the general provisions of the Contract including

all General and Supplementary Conditions and Amendments, any drawings provided and any

other information provided, apply to the provisions of this section.

01020.4 DESCRIPTION OF COMPLIANCE:

The Contractor shall assume full responsibility and liability for the compliance with all

applicable Federal, State and local regulations pertaining to work practices, hauling, disposal,

protection of workers, visitors to the site, and persons occupying areas adjacent to the site. The

Contractor is responsible for providing medical examinations and maintaining medical records of

personnel as required by the applicable Federal, State and local regulations. The Contractor shall

hold the Owner and the Consultant’s Representatives harmless for a failure to comply with any

applicable work standards, hauling, disposal, safety, health or other regulation on the part of

himself, his employees or his subcontractors. The Contractor will hold the Owner, the

Consulting Firm, and the Consultant’s Representatives harmless for any negligent acts on the

part of himself, his employees or his subcontractors. The Contractor will defend the Owner, the

Consulting Firm, and the Consultant’s Representatives in any law suits arising out of any

negligent acts on the part of himself, his employees or his subcontractor. The Contractor will be

held liable for any damage caused to the facility during the asbestos abatement or mold

remediation activities.


38

01020.5 FEDERAL REQUIREMENTS:

Federal requirements which govern asbestos abatement work or hauling and disposal of asbestos

or mold waste materials include but are not limited to the following:

A. U.S. Department of Labor, Occupational Safety and Health Administration, (OSHA):

1. 29 CFR 1926.1101, titled, “Occupational Exposure to Asbestos, Tremolite,

Anthophyllite and Actinolite”, October 11, 1994;

2. 29 CFR 1910.134, titled, “Occupational Health Standards for a Respiratory

Protection Program”, October 11, 1994;

3. 29 CFR 1926.650, Trench Safety

4. Access to Employee Exposure and Medical Records Title 29, Part 1910, Section 2

of the Code of Federal Regulations.

5. Hazard Communication Title 29, Part 1910, Section 1200 of the Code of Federal

Regulations.

6. Specifications for Accident Prevention Signs and Tags Title 29, Part 1910, Section

145 of the Code of Federal Regulations.

B. U.S. Environmental Protection Agency (EPA):

1. 40 CFR Part 61, Subpart M, titled, “National Emissions Standards for Hazardous Air

Pollutants” (NESHAP), November 20, 1990;

2. 40 CFR Part 763, Subpart G, 763.120-763.126, and Appendices A, C and E, titled,

“Asbestos Abatement Projects: Worker Protection Rule”, February 25, 1987;

3. 40 CFR Part 763, Subpart E, 763.80-763.99, and Appendices A and B, titled,

“Asbestos-Containing Materials in Schools” (AHERA rules), July 1, 1992;

4. 40 CFR Part 763, Subpart E, Appendix C, titled, “Model Accreditation Plan”,

February 3, 1994;

5. 40 CFR Part 763, Subpart E, Appendix B, titled, “Work Practices and Engineering

Controls for Small-Scale, Short-Durations Operations Maintenance and Repair

(O&M) Activities Involving ACM”, July 1992;

6. 40 CFR Part 763, Subpart E, Appendix D, titled, “Transport and Disposal of Asbestos

Waste”, July 1, 1992;

7. 40 CFR Part 763, Subpart F, Appendix A, Section 1, titled, “Polarized Light

Microscopy”, July 1, 1992;


39

8. 40 CFR Part 763, Subpart E, Appendix A, titled, “Transmission Electron Microscopy

Analytical Methods:, July 1, 1992;

9. 40 CFR Chapter 1, Part 172, Appendix A, Subchapter C, October 1, 1992; and

10. 40 CFR Chapter 1, Part 172, Appendix A, Subpart H, October 1, 1992.

C. EPA Guidance Documents:

EPA guidance documents which discuss asbestos abatement work, mold remediation or hauling

and disposal of asbestos or mold waste materials are listed below. These documents are made

part of this section by reference. EPA maintains an information number (800) 334-8571 and

publications can be ordered from (800) 424-9065 (554-1404) in Washington, DC):

1. Guidance for Controlling Asbestos-Containing Materials in Buildings (Purple Book)

EPA 560/5-85-024.

2. Asbestos Waste Management Guidance (Pink Book). EPA 530-SW-85-007.

3. Asbestos in Buildings. Simplified Sampling Scheme for Friable Surfacing Materials.

4. Commercial Laboratories with Polarized Light Microscopy Capabilities for bulk

asbestos identification.

5. A Guide to Respiratory Protection for the Asbestos Abatement Industry. EPA-560-

OPTS-86-001.

6. Reporting and Recordkeeping Requirements for Waste Disposal Field Guide. EPA

340/1-90-016.

7. A Guide to the asbestos NESHAP as Revised November 1990. EPA 340/1-90-01.

8. Mold Remediation in Schools and Commercial Buildings, EPA 402-K-01-001

01020.6 STATE REQUIREMENTS:

A. The authority to enforce the rules regarding demolition and renovations under the

National Emissions Standards for Hazardous Air Pollutants (NESHAP) (40 CFR, Part 61,

Subpart M, Sections 61.140, 16.141,61.145, 61.148, 61.150, 61.152 and 61.157) was

added to the Texas Asbestos Health Protection Rules (TAHPR) by the Texas Board of

Health on January 28, 1994. The added authority became effective on February 23, 1994,

following its publication in the Texas Register. This addition provides the Texas

Department of State Health Services (DSHS) with the authority to perform inspections

and enforce the NESHAP regulations.

B. Texas Department of State Health Services, Division of Occupational Health, Texas

Asbestos Health Protection Rules as adopted under Texas Civil Statutes, Article 4477-3a,

Section 12, which provides the Board of Health with the authority to adopt rules covering


40

asbestos removal, encapsulation, or enclosure, including licensing and regulation; Senate

Bill 1341 and House Bill 79, 72nd

Legislature 1991.

C. Texas Department of Licensing and Regulation (TDLR) as specified in 16 TAC Chapter

78

01020.7 LOCAL REQUIREMENTS:

Abide by all local requirements if these requirements are more stringent than state and federal

requirements which govern asbestos abatement work, mold remediation or hauling and disposal

of asbestos or mold waste materials.

01020.8 STANDARDS:

A. Standards which govern asbestos abatement work or hauling and disposal of asbestos

waste materials include but are not limited to the following:

American National Standards Institute (ANSI)

1430 Broadway

New York, NY 10018

(212) 354-3300

1. Fundamentals Governing the Design and Operation of Local Exhaust Systems

Publications Z9.2-79.

2. Practices for Respiratory Protection Publication Z88.2.

B. Standards which govern encapsulation work include but are not limited to the following:

American Society for Testing and Materials (ASTM)

1916 Race Street

Philadelphia, PA 19103

(215) 299-5400

1. Specification for Encapsulant for Friable Asbestos Containing Building Materials

Proposal P-189

2. Safety and Health Requirements Relating to Occupational Exposure to Asbestos – E-

849-8211.

01020.9 NOTIFICATIONS:

The Owner will submit all asbestos notifications. Notification of mold remediation will be made

by the Contractor selected for a particular project.


41

01020.11 DSHS FEES:

The Owner will be responsible for any notification fees related to asbestos abatement projects.

The contractor will be responsible for payment of notification fees related to mold remediation.

01020.12 LICENSES:

For asbestos, the Contractor will maintain current licenses as required by the Texas Department

of State Health Services. For mold, the Contractor will maintain current licenses as required by

the Texas Department of Licensing and Regulation.

01020.13 SUBMITTALS:

The Contractor or Owner will complete the required notification forms to meet each start date to

be determined.



42

SECTION 01030 - PERSONNEL AND RESPIRATORY PROTECTION

PART 1 – GENERAL

The Contractor will assign only properly trained and licensed personnel. The Contractor will

also provide respiratory protection for assigned personnel in accordance with these specifications

and the following regulations:

29 CFR 1910.Section 1001

29 CFR 1910.134

29 CFR 1926.1101

40 CFR 763.120

ANSI Standards Z88.2-1980

CGS Pamphlet G-7

CGS Specification G-7.1

NIOSH and MSHA Standards

Texas Department of Health Asbestos Protection Rules

In case of conflict, the most stringent requirements are applicable. The most current publication

is the applicable specified regulation.


This section not applicable.

01030.2 PERSONNEL:

The Abatement Contractor and assigned personnel will have the following minimum

requirements.

A. The Abatement Contractor will have been in the asbestos abatement business for at least

one (1) year and have completed at least five (5) asbestos abatement projects all of which

are of comparable complexity and dollar value. The Company must not have defaulted

on any project while being in business under the current name. The Company will carry

liability insurance for asbestos abatement work and will be licensed in the State of Texas.

The Company is required to have an adequate member of qualified personnel available.

The Company will have an established written Standard Operating Procedure (SOP) for

training, medical surveillance, entry, exit procedures, respiratory protection, and a health

and safety program. The Company will have all required equipment, materials and

supplies available and in adequate quantity, capacity and numbers to perform the work so

as not to cause delays.

B. The Contractor’s Project Supervisor will have at least two (2) years abatement

construction experience of which at least one (1) year will be as a Supervisor. The

Supervisor will have a valid license as required by the Texas Asbestos Health Protection

Rules and be current on his/her training and medical certification.


43

C. The Contractor’s assigned laborers will have all required specialized training in

abatement as required by OSHA and EPA regulations. The laborers will be trained in the

Company’s Standard Operating Procedures, Health and Safety Program and asbestos

hazards and respiratory protection. Laborers will have current medical

records/certifications and other OSHA requirements as well as a valid license as required

by the Texas Asbestos Health Protection Rules.

D. The Contractor will be a licensed mold remediation company with a licensed mold

remediation contractor. Only registered mold remediation workers will be assigned to

NISD projects.

01030.3 RESPIRATORY PROTECTION PROGRAM (RPP):

The Contractor will have previously developed, implemented and be maintaining a respiratory

protection program consisting of the following elements:

A. Written statement of company policy, including assignment of individual responsibility,

accountability and authority for required activities of the respiratory protection program.

B. Written Standard Operating Procedures governing the selection and use of respirators.

C. Respiratory selection (from NIOSH/MSHA approved and certified models) on the basis

of hazards to which the worker is exposed.

D. Medical examination of workers to determine whether or not they may be assigned an

activity where respiratory protection is required.

E. User training in the proper use and limitations of respirators (as well as a way to evaluate

the skill and knowledge obtained by the worker through training).

F. Respiratory fit testing.

G. Regular cleaning and disinfecting of respirators.

H. Routine inspection of respirators during cleaning and at least once a month and after each

use for those respirators designated for emergency use.

I. Storage of respirators in convenient, clean an sanitary locations.

J. Surveillance of work area conditions and degree of employee exposure (e.g., through air

monitoring).

K. Regular inspection and evaluation of the continued effectiveness of the program.

L. Recognition and resolution of special problems as they affect respirator use (e.g., facial

hair, eyeglasses, etc.).

M. Proper respirator use (procedures for donning and doffing respirators when entering and

exiting the abatement area).


44

01030.4 PERSONNEL PROTECTION:

The Contractor will provide the following as a minimum for worker protection:

A. During the removal of friable asbestos material, as a minimum, powered air purifying

respirators (PAPRs) will be utilized until such time (two (2) days or submitted previous

results using the same procedures) that air monitoring results indicate that half-face

respirators may be used. These respirators must meet NIOSH standards for the type of

respirators used. Half-face respirators are acceptable for floor tile, mastic removal,

glovebag operations and mold remediation activities.

B. Workers will be provided protective clothing from the time of first disturbance of

asbestos containing or mold contaminated materials until final cleanup is completed.

PART 2 – EQUIPMENT

2.01 AIR PURIFYING RESPIRATORS:

A. Provided half-face or full face respirators.

B. Provide a minimum, HEPA type filters labeled with NIOSH and MSHA Certification for

“Radionuclides, Dust, Fumes, Mists including Asbestos – Containing Dusts and Mists”

and color-coded in accordance with ANSI Z22.8 (1980). In addition, a chemical

cartridge section may be added, if required, if solvents, etc. are in use. In this case,

provide cartridges that have each section of the combination canister label with the

appropriate color code and NIOSH/MSHA Certification.

2.02 PROTECTIVE CLOTHING:

Provide disposable protective clothing, gloves and proper footwear.

2.03 MATERIALS:

A. Scrapers, brushes, brooms, staple guns, shovels, ladders and scaffolds of suitable height

and length, water hoses to reach all areas, airless spray equipment; and other hand tools

such as electric cords, electric power with ground fault interruption for safety will be

required and will be furnished by the contractor.

B. Polyethylene sheeting of 6 mil thickness that is clear, opaque or black shades, moisture

resistant duct tape capable of continuously sealing polyethylene through project

abatement duration, posters signs, notices and barrier tape.

C. Polyethylene bags of 6 mil thickness for asbestos containing or mold waste.


45

PART 3 – EXECUTION

3.01 GENERAL:

Respiratory Protection Program: Comply with ANSI Z88.2 – 1980 “Practices for Respiratory

Protection” and OSHA 29 CFR 1910 and 1926.

Require that respiratory protection be used at all times that there is any possibility of

disturbance of asbestos-containing materials whether intentional or accidental.

Require that a respirator be worn by anyone in a work area at all times, regardless of activity,

during a period that starts with any operation which could cause airborne fiber release until the

area has been cleared by the owner’s representative.

Regardless of Airborne Fiber Levels: Require that the minimum level of respiratory

protection used be half-face air-purifying respirators with high efficiency (HEPA) filters.

Do not allow the use of single-use, disposable or quarter-face respirators for any purpose.

Require protective clothing to be worn by all workers in the work area at all times.

3.02 FIT TESTING:

Initial Fitting: Provide initial fitting of respiratory protection during a respiratory protection

course of training set up and administered by a qualified instructor. Fit types of respirator to be

actually worn by each individual. Allow an individual to use only those respirators for which

he/she has been trained and fit tested.

Upon Each Wearing: Require that each time an air-purifying respirator is put on, it be checked

for fit with a positive and negative pressure fit test in accordance with the manufacturer’s

instruction or ANSI Z88.2 (1980).

3.03 TYPE OF RESPIRATORY PROTECTION REQUIRED:

Provide Respiratory Protection as indicated in paragraph below. When paragraph below does

not apply, determine the proper level of protection by dividing the expected or actual airborne

fiber count in the work area by the “protection factors” given below. The level of respiratory

protection which supplies an airborne fiber level inside the respirator, at the breathing zone of the

wearer, at or below the permissible exposure limit (PEL) is the minimum level of protection

allowed.

3.04 PERMISSIBLE EXPOSURE LIMIT (PEL):

8-Hour Time Weighted Average (TWA) of asbestos fibers to which any worker may be

exposed shall not exceed the following:

Fibers: For purposes of this section fibers are defined as all fibers regardless of

composition as counted in the OSHA Reference Method (ORM), NIOSH P&CAM 239


46

or 7400 procedure or asbestos fibers of any size as counted using either a scanning or

transmission electron microscope.

Time Weighted Average (TWA) – The goal is to provide a level no higher than 0.01

ƒ/cc inside the mask using respirators having the following protection factors.

3.05 RESPIRATORY PROTECTION FACTOR:

RESPIRATOR TYPE PROTECTION FACTOR

Air Purifying:

Negative pressure respirator

High efficiency filter

Half facepiece 10

Air Purifying:

Negative pressure respirator


Full facepiece 50

Powered – Air Purifying:

Positive pressure respirator


Half or Full facepiece 100

3.06 AIR PURIFYING RESPIRATORS:

Negative pressure – half or full face mask: Supply a sufficient quantity of respirator filters

approved for asbestos, so that workers can change filters during the work day. Require that

respirators be wet-rinsed and filters discarded, each time a worker leaves the work area. Require

that new filters be installed each time a worker re-enters the work area. Store respirators and

filters at the job site in the changing area and protect totally from exposure to asbestos prior to

their use.

Powered air purifying – half or full face mask: Supply a sufficient quantity of high efficiency

respirator filters approved for asbestos so that workers can change filters at any time that flow

through the face piece decreases to the level at which the manufacturer recommends filter

replacement. Require that regardless of flow, filter cartridges be replaced after 40 hours of use.

Require that HEPA elements in filter cartridges be protected from wetting during showering,

require entire exterior housing of respirator including blower unit, filter cartridges, hoses, battery

pack, face mask, belt and cords to be washed each time a worker leases the work area. Caution

should be used to avoid shorting battery pack during washing. Provide an extra battery pack for

each respirator so that one can be charging while one is in use.



47

SECTION 01040 - AIR MONITORING AND LABORATY TEST SERVICES

PART 1 – GENERAL

The air monitoring will be accomplished by the Owner’s Representative as an independent third

party under a separate contractual agreement.

01040.1 DESCRIPTION OF WORK

Area air monitoring will be accomplished depending on exact methods of asbestos abatement to

be employed by the abatement contractor, but will include as a minimum, inside the

containment, outside the decon entrance and the negative air exhaust.

Contractor OSHA personnel air monitoring is required by the Contractor during abatement

activities. This is the responsibility of the Contractor, however, the Owner’s third party

representative may provide laboratory analysis of the air samples, if requested, by the

Contractor. The Consultant does not assume any liability for Contractor employees, or any

subcontractor.

The minimum air sampling at each abatement area will include:

Background

Minimum of three (3) (may be used to adjust lower limits on other samples)

Personal

Full work shift – twenty-five percent (25%) of the workers (half-face respirators

usage: <0.1 fiber/cc)

Clearance

Minimum of five (5) TEM samples from inside each containment. If these fail, then

the area will be recleaned and an additional five (5) TEM samples will be collected.

The cost of failed TEM samples will be responsibility of the abatement contractor.

Blanks

One (1) for each ten (10) samples or two (2) per day minimum

All air sampling results shall be posted within the vicinity of the Decon Clean Room within 24-

hours of collection. All air sample results will be given to the Contractor Supervisor.

Air samples shall be collected and analyzed in accordance with NIOSH Method 7400. Personnel

air samples will be collected and analyzed in accordance with OSHA Method ORM. All

samples will be analyzed on-site by an experienced and trained air sampling technician. Table 1

contains the sampling parameters.


48

Table I

Sampling Parameters

Sample Location Frequency Rate Sample Rate

(liters/min)

Sample Volume

(liters)

Detection Limit

(fibers/cc)

Baseline Prior to Work 2-9 1,250-3,000 0.002

Work Area Daily 2-9 1,250-3,000 0.002

Occupied Areas

(If Required)

Minimum: 1/Day 2-9 1,250-3,000 0.0020

Negative Air

Exhaust

Minimum: 1/Day per

Exhaust Unit

2-9 1,250-3,000 0.002

Workers 25% 2.0-2.5 480-900 0.002

Clearance Minimum of Five (5) TEM

from inside each containment

<16.0 1,250 Min. 0.002

Blanks 1/10 Samples or 2 min/day -- -- --

The air monitoring technician shall document the following for each sample:

Location of sample (Name and TDSHS License No. of personnel sampled)

Duration of sample (Start and End Times)

Flow rate (Start, During and End Rates)

Total sample time

Sampling pumps and calibrator type

Name of person collecting the sample

Type of respirator worn if worker monitoring

01040.2 RELATED DOCUMENTS

The preceding section of these specifications, the general provisions of the Contract including all

General and Supplementary Conditions and Amendments, the provided information applies to

the provisions of this section.

01040.3 AREA AND PROJECT CLEARANCES

Final visual inspection and project clearances will be provided by the Owner’s third party

representative. Final clearance will be in accordance with ASTM E1368-90, Standard Practice

for Visual Inspection of Asbestos Abatement Projects and a clearance limit average of 70

structures/mm² for TEM clearances of the five (5) TEM samples collected inside each

containment. For mold clearance, the procedures will be specified as part of the mold

remediation protocol and will consist of air samples after a period of air scrubbing.



49

SITE WORK

SECTION 02010 - REMOVAL OF FRIABLE ASBESTOS MATERIALS

PART 1 – GENERAL

This section provides specifications for removal of friable asbestos materials.


The contents of the preceding Divisions and Sections of these specifications, along with the

general provisions of the Contract including General and Supplementary Conditions, apply to the

work of this section.

02010.2 RELATED WORK SPECIFIED ELSEWHERE

Disposal of the asbestos-containing waste is specified in Section 02020.

02010.3 ON-SITE REQUIRED DOCUMENTATION

The Contractor will keep on site the following documentation in a loose leaf folder. This folder

will be available for inspection at all times work is in progress.

A. Copies of all Notifications.

B. Worker Sign In/Out Log.

C. Current licensing, medical and training certifications.

D. Respiratory Protection training and work acknowledgement forms.

E. Contractor Stand Operating Procedures for removal of all types of asbestos-containing

materials.

F. Security Health and Safety Site Specific Plan.

G. Contingency Plans and Arrangements to be able to convert from non-friable to friable

asbestos conditions.

H. Copies of MSDS of all related materials being utilized. (No hazardous or flammable

chemicals/solvents will be authorized for use on site.)

I. Daily Project Activity Logs.

J. Final Inspection Reports.

K. Waste Manifests.


50

PART 2 – PRODUCTS

2.01 GENERAL

The following products may be utilized.

A. Wetting Materials: Wet methods for asbestos removal will be utilized. For wetting

prior to disturbance of asbestos-containing materials use either amended water or a

removal encapsulant.

1. Amended Water: If amended water is utilized, provide water to which a surfactant

has been added. Use a mixture of surfactant and water which results in the wetting of

the asbestos-containing material and retardation of the material equal to or greater

than that provided by the use of one ounce of a surfactant consisting of 50%

polyoxyethylene ester and 50% polyoxyethylene ether mixed with five (5) gallons of

water.

2. Removal Encapsulant: If a removal encapsulant material is utilized, use a

penetrating type encapsulant designed specifically for removal of asbestos-

containing material. Use a material which results in the wetting of the asbestos-

containing material and retardation of fiber release during disturbance of the material

equal to or greater than that provided by water amended with a surfactant consisting

of 50% polyoxyethylene ester and 50% polyoxyethylene ether mixed with five (5)

gallons of water.

3. Removal Solvents: No removal solvents that are classified as hazardous or

flammable will be utilized on site. If removal solvents are utilized, only those

solvents that are specifically designed for removal of asbestos containing material

will be authorized. IN NO CASE WILL SOLVENTS OR ANY OTHER

CHEMICALS WITH A FLASH POINT OF LESS THAN 140F BE USED.

B. Polyethylene Sheet: Use a single polyethylene film sheet in the largest sheet size

possible to minimize seams, which is 6.0 mils in thickness and is either clear, frosted or

black/opaque in color.

C. Duct Tape: Provide duct tape in 2.0" or 3.0" widths as indicated with an adhesive which

is formulated to aggressively stick to sheet polyethylene.

D. Blue Painter’s Tape: For adhesion of tape to all NISD walls, fixtures, trim, or other

NISD property, the Contractor shall use a tape specifically designed to mitigate or

alleviate the removal of paint form the surface (3#M Scotch-Blue TM

or equivalent

approved by the NISD

E. Spray Cement: Provide spray adhesive in aerosol cans which is specifically formulated

to stick tenaciously to sheet polyethylene.


51

F. Disposal Bags: Provide a 6 mil thick, leak-tight polyethylene bags labeled with one of

the two labels with text as follows:

FIRST LABEL:

CAUTION

CONTAINS ASBESTOS FIBERS

AVOID OPENING OR BREAKING CONTAINER

BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH

SECOND LABEL:

DANGER


AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

BREATHING AIRBORNE ASBESTOS, TREMOLITE, ANTHOPHYLITE OR

ACTINOLITE FIBERS IS HAZARDOUS TO YOUR HEALTH

G. Lock-back Encapsulant: Use a Lock-Back Encapsulant that satisfies NESHAPS 40

CFR 61, Subpart M.

2.02 OTHER PRODUCTS

Other products may be used as long as they comply with NESHAPS 40 CFR 61, Subpart M and

29 CFR 1910.1200.

2.03 SUBSTITUTIONS

The materials, solvents, products and equipment described in this Work Plan establish a standard

of required function, performance and quality. The Consultant’s Representative will be informed

of all chemicals planned for use on the site. No substitutions will be accomplished without

specific approval of Asbestos Consultant.


3.01 PROCEDURES (GENERAL)

1. Perform pre-inspection of the work area with Consultant’s Representative and

discuss the use of any solvents or chemicals planned for use.

2. Install critical barriers appropriate to the area requiring abatement. Regulated

areas where asbestos abatement is to be conducted shall be separated from

adjacent areas by impermeable barriers such as plastic sheeting attached securely

in place. All openings between containment areas and adjacent areas, including

but not limited to windows, doorways, elevator openings, corridor entrances,

ventilation openings, drains, ducts, grills, grates diffusers and skylights, shall be

sealed. All penetrations that could permit air infiltration or air leaks through the

barrier shall be sealed, with exceptions of the make-up air provisions and the

means of entry and exit. All movable objects shall be removed from the


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containment area. Cleaning of any contaminated items shall be performed if the

items are to be salvaged or reused. Otherwise, they shall be properly disposed of

as asbestos waste. All non-movable objects that remain in the containment area

shall be covered with a minimum of four-mil plastic sheeting and secured in

place.

3. The construction of a containment will be required along with the use of negative

air machines and a means to measure a differential pressure difference of 0.02

inches of water minimum between the inside of the containment and outside. For

floor and wall preparation, the floor sheeting shall completely cover all floor

surfaces and consist of a minimum of two (2) layers of sheeting with at least a

dart impact of 270 grams and tear resistance of machine direction (M.D.) 512

grams and transverse direction (T.D.) of 2067 grams or at least six-mil true

thickness. Floor sheeting shall extend up side walls at least 12 inches and be

sized to minimize the number of seams. No seams shall be located at wall-to-

floor joints. Sealing of all floor penetrations against water leakage is mandatory.

Wall sheeting shall completely cover all wall surfaces and consist of a minimum

of two (2) layers of four-mil sheeting. Wall sheeting shall be installed so as to

minimize joints and shall extend beyond wall/floor joints at least 12 inches. No

seams shall be located at wall-to-wall joints. Where a fire hazard exists, all

plastic sheeting will be certified by the Underwriters Laboratory (UL) as being

fire retardant. Where feasible, when containment walls which exceed 260 linear

feet or fraction of that distance which will permit the viewing of at least 51% of

the abatement work area. The window shall be constructed of plexiglass which

measures approximately 18 inches by 18 inches. The bottom of the window will

be at a reasonable viewing height from the outside floor. For floor tile and/or

mastic removal only, floors are not required and four (4) foot splash guards may

be utilized for walls along with criticals and negative air of at least 0.02 inches of

water.

4. Construction of personnel decontamination facilities in accordance with the

minimum specified by OSHA Regulation 29 CFR 1926 1101. All persons

entering and exiting the work area shall follow the entry and exit procedures

required by the applicable regulations and these specifications. This personnel

decontamination unit will have as a minimum, a change room (clean room), a

shower room and an equipment room (dirty room) and air locks on both sides of

the shower room. If a remote decon is utilized, double suits will be required. One

suit will be removed in the abatement area prior to exiting for the decon trailer.

Poly sheeting will be placed on the ground between the containments and the

remote decon.

5. Fit all personnel who will remove the ACM with the proper respiratory protection

equipped with HEPA filters and disposable protective suits. Half-face respirators

will be allowed for floor tile removal.

6. Wet methods will be utilized during abatement activities. Thoroughly pre-wet

ACM to be removed prior to stripping and/or tooling to reduce fiber dispersal into

the air. Use a fine spray (mist) of amended water or removal encapsulant.


53

Saturate material thoroughly. If amended water is used, spray material repeatedly

during the abatement work process to maintain a continuously wet condition. If a

removal encapsulant is used, apply in strict accordance with manufactures’

written instructions. For pipe insulation, perforate any outer covering of any

installation which has been painted and/or has a jacket in order to allow

penetration of amended water or removal encapsulant. If necessary, carefully

strip away the outer coating, if penetration is difficult, while simultaneously

spraying amended water or removal encapsulant on the asbestos material to

minimize dispersal of asbestos fibers into the air. For resilient floor covering, the

material will be kept thoroughly wet.

7. Remove ACM intact as much as feasible utilizing methods which minimize

breakage and cutting.

8. Wet wipe the area previously covered by the ACM.

9. All ACBM should be adequately wetted prior to removal or other handling.

Material to be bagged will be marked per the applicable Occupational Safety and

Health Administration (OSHA) and the National Emission Standards for

Hazardous Air Pollutants (NESHAP) regulations and double bagged with true 6

mil thickness or may be placed in a bag that meets the following criteria: tear

resistance of M.D. 300 grams, T.D. 2,068 grams and dart impact of 216 grams.

Documentation from the manufacturer shall be on site. In order to double bag the

asbestos waste the inner bag must be no more than half full, excess air must be

squeezed out, the top twisted closed, folded over, sealed with duct tape, rinsed off

or HEPA vacuumed to remove asbestos contamination and placed inside another

bag (or in a fiberboard drum). If an outer bag is used excess air must be squeezed

out and the outer bag twisted closed, the top folded over and sealed with duct

tape. If a fiberboard drum is used, the top must be sealed. Any bagging shall not

allow leakage or breakage due to overfilling.

10. Carefully hand the ACM waste material in a manner to preclude breakage or

tearing of the containment bags.

11. Store waste ACM and all wiping materials/mops, rags, etc. in a secure location

where they will not be damaged nor scattered until ready for disposal.

12. Apply a lock-back encapsulant to the areas where the asbestos has been removed.

13. Notify the Owner’s Representative when the area is ready for a visual inspection.

14. Dispose of ACM material in accordance with Section 02020.

3.02 SPECIFIC PROCEDURES FOR THIS CONTRACT

The materials to be removed will be located in different areas and a number of containments will

be required. The number of containments will be determined based on the number of negative

air machines available. For areas where only floor tile and/or floor tile mastic are to be removed,


54

the containment may consist of criticals and four (4) foot splash guards along with negative air of

at least 0.02 inches of water. A full wet decon is also required. For areas where other types of

materials are to be removed in addition to floor tile and/or mastic, a full containment will be

required. Negative air of at least 0.02 inches of water will be required for all containments. A

five (5) stage wet decon will be required for each full containment. The decon will consist of

three (3) stages separated by two (2) air locks. The location of each decon will be coordinated

with the Consultant’s on-site representative. The location of the negative air machines, will also

be coordinated with the Consultant’s on-site representative. However the principal to follow is

that the negative air machines will be opposite the decon entrance.

If glovebags are utilized to remove pipe or duct mastic the following procedures will be

followed.

1. Barrier warning tape will be placed to designate the boundary limits of the work area.

2. The proper required signage for asbestos abatement activities will be posted.

3. Wet methods will be utilized for ACM removal.

4. A minimum of two (2) workers will be required for each glovebag during the actual

abatement activities.

5. A portable HEPA vacuum will be utilized inside the glovebag to control fiber release during

the actual removal activities. This will suffice as the negative air requirements for glovebag

operations.

6. The glovebag will be sealed and pigtailed with a minimum of three (3) wraps of duct tape.

The removed ACM will then be either placed in a sealable lined dumpster or double bagged

for disposal in accordance with Section 02020.

7. The remaining area will be wet wiped and a "lock-back" encapsulant will be applied where

the ACM has been removed.

If sheetrock/joint compound is to be removed, a full containment will be required along with

negative air of at least 0.02 inches of water. If floor tile is also to be removed, only one (1) floor

is required as long as the floor tile is removed last.

Transite panels may also be required to be removed. If these can be removed as components,

then the fasteners should be wetted and the panels removed as double wrapped with 6.0 mil poly

for disposal. If the panels cannot be removed by components then a full containment is required.

3.03 AIR MONITORING

For removal of friable asbestos materials area and clearance air monitoring will be conducted. A

final clearance standard of 70 structures/mm² average for five (5) TEM samples will be utilized

for clearance acceptance of each containment. Air monitoring will be conducted by the Owner’s

third party representative. If RFCI methods or glovebags are utilized, clearance will be by PCM

analysis.


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3.04 DEVIATIONS

Any deviations from the above procedures must be approved by the Consultant.

3.05 EMERGENCY PROCEDURES

All emergencies involving fire, medical and asbestos releases must have an associated response

phone number posted in the control area outside the containment. Also, the Contractor’s

Supervisor should be informed as to the location and route to the nearest civilian hospital. The

Consultant will be notified in all emergencies as soon as feasible.

A. Fire Emergencies

Fire evacuation routes shall be marked for containment workers. The Supervisor shall

brief his workers on these routes prior to any work in a new area. Evacuation routes

inside containment shall be clearly identified by painted arrows/markers on the plastic

sheeting, showing the most expeditious route. All personnel shall exit containment when

so notified. A common meeting location shall previously been appointed so a roster of

abatement personnel can be checked. If an individual or individuals is/are not present at

the common meeting location, the supervisor shall be informed so search and rescue

operations may be initiated.

B. Medical Emergencies

All entries and departures from containment shall be managed in accordance with

standard practices unless a life-threatening situation should occur. In the later case, and

effort should be made to do whatever it takes to respond to the situation with as little

disturbance of standard procedures as possible.

C. Asbestos Release Emergencies

An asbestos release emergency includes the following:

Major breach of containment

Loss of negative pressure/loss of negative air unit

Elevated fiber counts outside the containment/work area (>0.01 fiber/cc)

Spill of ACM waste

A major breach of containment shall be responded to by immediately notifying all nonprotected

personnel to leave the area. HVAC/AHUs for the area/floor shall be shut off. The area shall be

secured, a critical barrier shall be constructed over and/or around the breach and a negative air

unit used to exhaust the new critical barrier area. The area shall be cleaned and visible ACM

removed. Air samples shall be taken immediately outside the breach in order to determine the

extent of contamination and appropriate action to be taken. The same general procedure shall be

taken for a spill of ACM waste.

Loss of negative pressure and/or air handling units shall immediately require sealing of the

containment and a determination of the cause should be made. If loss is due to a power outage,


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portable generators shall be provided for power. If loss of an air handler is the cause, it shall be

replaced immediately.

Elevated fiber counts outside containment requires immediate containment inspection and work

stoppage (generally issued by the Project Supervisor). A new negative air unit shall be moved to

the area outside containment and exhausted outside the building. Additional negative air units

shall be available for this purpose. All HVAC/AHUs shall be shut off to the area. Repair and/or

modify as appropriate. New samples should be started immediately.

No abatement operations shall be conducted during any emergency events other than that

required to secure the area. No unprotected personnel other than medical/fire/rescue shall be

allowed into the area after operations resume. Personal protective equipment (PPE) shall be

available for emergency response teams.

3.06 HOUSEKEEPING

Housekeeping is an important part of safety. The Contractor will strive, at all times, to maintain

a clean environment as follows:

Employees will keep their work area(s) clean and in an orderly manner.

Employees will pick up all trash, towels and debris in the decon and around the job

site even if it was not generated by one of the workers.

3.07 DECONTAMINATION PROCEDURES

Upon job completion, all equipment and unused supplies shall be wet wiped, cleaned and

visually inspected.

Worker and equipment decontamination shall be performed in accordance with the general work

practice procedures for asbestos.

Upon completion of the job and visually inspected by the Consultant, all abated and exposed

surfaces in the containment area shall be sprayed with an encapsulant except for floor tile

removal projects.



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SECTION 02020 - DISPOSAL OF ASBESTOS WASTE MATERIAL

PART 1 – GENERAL

This section provides the specification for disposal of the abated asbestos waste materials.


The contents of the preceding Division and sections of these specifications along with the

general provisions of the Contract, including General and Supplementary Conditions, apply to

the work indicated in this section.


Removal of the asbestos containing material is specified in Section 02010 and/or Section 02030.

Asbestos waste material will be generated from procedures utilized in either of these sections.

PART 2 – PRODUCTS (NON-APPLICABLE)


3.01 GENERAL

Disposal of ACM waste materials will only be accomplished and approved for licensed asbestos

landfill facilities. Completed waste manifests are required to be included in the Contractor’s

final report and evidence of documentation.

3.02 PROCEDURES

The following procedures will be utilized:

A. Do not store asbestos waste bagged material outside of the work area. Take bags from

the work area directly to a sealed truck, trailer or dumpster.

B. Label each bag with the name of the facility that the waste has been removed from.

C. Carefully load the containerized waste in sealed trucks or other appropriate vehicles for

transport to the landfill facility. Exercise care before and during transport that only

authorized persons have access to the material.

D. Do not transport disposable bagged materials in open trucks. Double bagged material

may be transported in open trucks if they are first loaded in sealed drums. Label drums

with the same warning labels as the bags. Uncontaminated drums may be reused. Treat

any drums that become contaminated as asbestos containing waste and dispose of in

accordance with this specification. A broken bag is deemed to cause contamination of

the drum.


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E. Advise the sanitary landfill operator at least twenty-four (24) hours in advance of

transport and the expected quantity of waste material to be delivered.

F. At the landfill burial site, the sealed bags will be carefully removed from the truck. If

bags are broken or damaged in transit, leave bags in the truck and accomplish

decontamination of the entire truck and contents. After cleaning, then properly dispose

of all wastes.

G. Retain all completed manifests and receipts from the landfill for all materials disposed.

Included completed manifests in final report.



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SECTION 02030 - REMOVAL OF NON-FRIABLE ASBESTOS CONTAINING

MATERIALS

PART 1 – GENERAL

This section provides specifications for removal of non-friable asbestos materials and applies to

the portion of the project during which non-friable asbestos materials are being removed. If at

any time the non-friable asbestos becomes friable then the procedures specified in Section 02030

of these documents will apply.


The contents of the preceding Division of these specifications along with the general provisions

of the Contract, including General and Supplementary Conditions, apply to the work of this

section.


Disposal of the asbestos-containing waste is specified in Section 02020. If the non-friable

asbestos materials results in friable asbestos materials, follow the specifications contained in

Section 02030.

02030.3 ON-SITE REQUIRED DOCUMENTATION

The Contractor will keep on site the following documentation in a loose leaf folder. This folder

will be available for inspection at all times work is in progress.

A. Copies of all notifications.

B. Worker Sign In/Out Log.

C. Current licensing, medical and training certifications.

D. Respiratory protection training and work acknowledgement forms.

E. Contractor Standard Operating Procedures for removal of all types of asbestos containing

materials.

F. Site Specific Security Health and Safety Plan.

G. Contingency Plans and Arrangements to be able to convert from non-friable to friable

asbestos conditions.

H. Copies of MSDS of all regulated materials being utilized. (No hazardous or flammable

chemicals/solvents will be authorized for use on site.)

I. Daily Project Activity Log.


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J. Final inspections reports.

K. Waste manifests.

PART 2 – PRODUCTS

2.01 GENERAL

The following products may be utilized:

A. Wetting Materials: Wet methods for asbestos removal will be utilized. For wetting

prior to disturbance of asbestos containing materials use either amended water or a

removal encapsulant.

1. Amended Water: If amended water is utilized, provide water which a surfactant has

been added. Use a mixture of surfactant and water which results in the wetting of the

asbestos containing material and retardation of the material equal to or greater than

that provided by the use of one ounce of a surfactant consisting of 50%

polyoxyethylene ester and 50% polyoxyethylene ether mixed with five (5) gallons of

water.

2. Removal Encapsulant: If a removal encapsulant material is utilized, use a

penetrating type encapsulant designed specifically for removal of asbestos

containing material. Use a material which results in the wetting of the asbestos

containing material retardation of fiber release during disturbance of the material

equal to or greater than that provided by water amended with a surfactant consisting

of 50% polyoxyethylene ester and 50% polyoxyethylene ether mixed with five (5)

gallons of water.

3. Removal Solvents: No removal solvents that are classified as hazardous or

flammable will be utilized on site. If removal solvents are utilized, only those

solvents that are specifically designed for removal of asbestos containing material

will be authorized. IN NO CASE WILL SOLVENTS OR ANY OTHER

CHEMICALS WITH A FLASH POINT OF LESS THAN 140F BE USED.

B. Polyethylene Sheet: If required, use single polyethylene film sheet in the largest sheet

size possible to minimize seams, which is 6.0 mils in thickness and is either clear, frosted

or black/opaque in color.

C. Duct Tape: Provide duct tape in 2.0" or 3.0" widths as indicated with an adhesive which

is formulated to aggressively stick to sheet polyethylene.

D. Blue Painter’s Tape: For adhesion of tape to all NISD walls, fixtures, trim, or other

NISD property, the Contractor shall use a tape specifically designed to mitigate or

alleviate the removal of paint form the surface (3#M Scotch-Blue TM

or equivalent

approved by the NISD.


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E. Spray Cement: Provide spray adhesive in aerosol cans which is specifically formulated

to stick tenaciously to sheet polyethylene.

F. Disposal Bags: Provide 6 mil thick leak-tight polyethylene bags labeled with one of the

two labels with text as follows:

FIRST LABEL:

CAUTION


AVOID OPENING OR BREAKING CONTAINER

BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH

SECOND LABEL:

DANGER


AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

BREATHING AIRBORNE ASBESTOS, TREMOLITE, ANTHOPHYLITE OR

ACTINOLITE FIBERS IS HAZARDOUS TO YOUR HEALTH

G. Lock-back Encapsulant: Use a Lock-Back Encapsulant that satisfies NESHAPS 40

CFR 61, Subpart M.

2.02 OTHER PRODUCTS

Other products may be used as long as they comply with NESHAPS 40 CFR 61, Subpart M and

29 CFR 1910.1200.

2.03 SUBSITUTIONS

The materials, solvents, products and equipment described in this Work Plan establish a standard

of required function, performance and quality. The Consultant’s Representative will be informed

of all chemicals planned for use on the site. No substitutions will be accomplished without

specific approval of the Asbestos Consultant.


3.01 PROCEDURES (GENERAL)

1. Perform pre-inspection of the work area with the Consultant’s Representative and

discuss the use of any solvents for chemicals planned for use.

2. Install required barriers appropriate to site location and traffic volume. Outdoor work

for removal of non-friable asbestos materials does not require complete isolation with

critical barrier construction. Asbestos caution tape barriers to mark the work site,

along with the required warning posters will be sufficient unless the non-friable

asbestos becomes friable. Inside work requires the use of critical barriers on all


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windows, doors, HVAC ducts and any other openings as specified in Section 02010.

For floor tile and mastic removal, two (2) layers of four mil poly walls will be

utilized. A full containment with decon and negative air is required. However, non-

friable asbestos containing resilient floor covering may be removed by any of the

methods described in the document titled, “Recommended Work Practices for the

Removal of Resilient Floor Coverings”, published by the Resilient Floor Covering

Institute (RFCI) (1992). If any other method is used for removal other than the

approved RFCI methods, if the floor material is friable or if the floor material

becomes friable during the removal process, then compliance with all regulations that

address the abatement of friable asbestos containing materials and RACM is required.

This will include the establishment of containment, the use of negative air, air

monitoring and in public buildings, licensed persons. However, RFCI methods are

not recommended for areas larger than 200 ft².

3. For RFCI equipment, the desired standard for this type of equipment shall be equal to

or better than the capabilities of the “Bigfoot” TL-2000 Infrared Floor Tile Machine,

which are as follows:

28" x 45" Heating Panel

The Unit requires 240 volts and 60 amps

Temperature on unit must not exceed 700 degrees

Unit must have an air filtration/purification device with HEPA filters incorporated

into the unit for use when greater than 350 degrees is required.

4. Fit personnel will remove ACM with proper respiratory protection equipped with

HEPA filters and disposal protective suits.

5. Wet methods will be utilized during all abatement activities. For wetting prior to

disturbances of asbestos containing materials use either amended water or a removal

encapsulant. Thoroughly wet the areas where fasteners (nails, screws, etc.) penetrate

the ACM if present, for transite panel removal.

6. Remove ACM intact as much as feasible, utilizing methods which minimizes

breakage and cutting. Component removal is always recommended.

7. Wet wipe the area previously covered by the ACM.

8. The removed ACM will be double bagged while wet, with the tops of bags pigtailed,

folded over and sealed with a minimum of three (3) wraps of duct tape. The bags will

also be labeled as to Owner and location of asbestos removal. Or wrap the

components in at least two (2) layers of 6 mil poly and seal with duct tape.

9. Carefully handle the ACM waste material in a manner to preclude breaking or tearing

of the containment bags or poly wrap.

10. Store waste ACM and all wiping materials/swipe rags etc. in a secure location where

bags will not be damaged nor scattered until ready for disposal.


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11. Use a “lock-back” encapsulant on the areas where the asbestos has been removed

except for floor tile and/or mastic removal.

12. Notify the Owner’s Representative when the abated area is ready for a visual

inspection.

13. Dispose of ACM material in accordance with Section 02020.

14. Complete manifests will be provided along with the Contractors report of activities to

the Owner’s Representative for final report preparation.

15. Turn off all lights before leaving any facility for the night.

3.02 DEVIATIONS

Any deviations from the above procedures must be approved by the Consultant.

3.03 FLOOR TILE/MASTIC REMOVAL

If mechanical methods are utilized for the floor tile/mastic removal, then follow the procedures

in Section 02010. If RFCI methods are approved from small areas, removal will be in

accordance with published RFCI procedures.


SECTION 02040 – REQUIRED SUBMITTALS AFTER COMPLETION OF EACH

ABATEMENT PROJECT

Upon completion of each asbestos abatement or mold remediation project, the contractor will

provide the following submittals to the Owner prior to issuance of an invoice:

All manifests for the project

Daily logs of the work

A copy of the DSHS Notification Form

A copy of the DSHS Inspection Checklist

Sign-In sheets for each day of work

Copies of all DSHS Certificates


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ADDITIONAL DOCUMENTS

FIGURE 1 - NISD SITE LOCATION MAP


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APPENDIX A - POINT SYSTEM FOR EVALUATING CONTRACTOR’S BIDS


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NISD EVALUATION OF CONTRACTOR QUALIFICATIONS

Contract-NISD Asbestos and Mold IDQ 2019

Contractor Evaluated

Date of Evaluation

Evaluator

1. RELEVANT EXPERIENCE

Project Type Total Number of

Projects

Total School

Projects

Total NISD Projects

Total

Points

Pts

Pts

Pts

1A .Floor Tile and Mastic Projects

1 but less than 150 2 1 but less than 35

3 1 but less than 5 1

150 or Greater 4 35 or

Greater 4 5 or Greater 2

1B .Pipe Insulation and Duct Mastic

Less than 20 3 Less than 5 3 1 but less than 2 1

20 or Greater 4 5 or Greater 4 2 or Greater 2

1C .Exterior Waterproofing Mastic

Less than 5 3 Less than 3 3 At least 1 1

5 or more 4 3 or more 4 2 or more 2

1D. Any Type Of Mold Remediation

1 but less than 50 3 1 but less than 10

3 1 but less than 5 1

50 or Greater 4 10 or more 4 5 or more 2


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2. NUMBER OF ACTIVE AND AVAILABLE LICENSED ASBESTOS SUPERVISORS

Number of W-2 Employees

Possible Pts Local Office

Other Offices

Total Points

Local Office

Other Offices

Points Received

Points Received

Best Score -Local or

Other Offices

1 to 3 5 4

4 to 9 8 7

9 or more 10 9

3. NUMBER OF ACTIVE AND AVAILABLE LICENSED ASBESTOS WORKERS



Other Offices

Total Points

Local Office

Other Offices

Points Received

Points Received


Other Offices

1 to 8 5 4

9 to 20 8 7

20 or More 10 9

4. NUMBER OF ACTIVE AND AVAILABLE MOLD REMEDIATION CONTRACTORS



Other Offices

Total Points

Local Office

Other Offices

Points Received

Points Received


Other Offices

At least 1 3 2

2 or More 5 4


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5. NUMBER OF ACTIVE AND AVAILABLE MOLD REMEDIATION REGISTERED WORKERS



Other Offices

Total Points

Local Office

Other Offices

Points Received

Points Received


Other Offices

1 to 10 3 2

11 or more 5 4

6 YEARS IN THE ASBESTOS ABATEMENT BUSINESS UNDER CURRENT COMPANY NAME

Years Possible Pts

Points Received

2 or Less 1

2 to 10 2

11 or more 5

7 VIOLATIONS ISSUED BY DSHS IN PREVIOUS 24 MONTHS

Notification Violations

Possible Pts

Points Received

None 3

1 to 3 2

Greater than 3 0

Other Violations Possible Pts

Points Received

None 14

1 to 3 5

Greater than 3 0


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8 REFERENCES AND PAST PERFORMANCE ON NISD PROJECTS

Clients Possible Pts

Points Received

3 Submitted and Called

4


3


2

9 PAST PERFORMANCE FOR NISD

Item Possible Pts

Points Received

9A .Timely completion of NISD project 1

9B.Cooperation with Owner and Owner's Representative

1

9C.Follow up on warranty or correction work 1

9D .Ability to properly man project 1

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